[House Report 106-914]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-914
======================================================================
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR AND RELATED
AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001, AND FOR OTHER
PURPOSES
_______
September 29, 2000.--Ordered to be printed
_______
Mr. Regula, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4578]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4578) ``making appropriations for the Department of the
Interior and related agencies for the fiscal year ending
September 30, 2001, and for other purposes'', having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate, and agree to the same with an
amendment, as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of
the Interior and related agencies for the fiscal year ending
September 30, 2001, and for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$709,733,000, to remain available until expended, of which
$3,898,000 shall be available for assessment of the mineral
potential of public lands in Alaska pursuant to section 1010 of
Public Law 96-487 (16 U.S.C. 3150); and of which not to exceed
$1,000,000 shall be derived from the special receipt account
established by the Land and Water Conservation Act of 1965, as
amended (16 U.S.C. 460l-6a(i)); and of which $3,000,000 shall
be available in fiscal year 2001 subject to a match by at least
an equal amount by the National Fish and Wildlife Foundation,
to such Foundation for cost-shared projects supporting
conservation of Bureau lands and such funds shall be advanced
to the Foundation as a lump sum grant without regard to when
expenses are incurred; in addition, $34,328,000 for Mining Law
Administration program operations, including the cost of
administering the mining claim fee program; to remain available
until expended, to be reduced by amounts collected by the
Bureau and credited to this appropriation from annual mining
claim fees so as to result in a final appropriation estimated
at not more than $709,733,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities: Provided, That appropriations
herein made shall not be available for the destruction of
healthy, unadopted, wild horses and burros in the care of the
Bureau or its contractors.
wildland fire management
For necessary expenses for fire preparedness, suppression
operations, research, emergency rehabilitation and hazardous
fuels reduction by the Department of the Interior,
$425,513,000, to remain available until expended, of which not
to exceed $30,000,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are
also available for repayment of advances to other appropriation
accounts from which funds were previously transferred for such
purposes: Provided further, That unobligated balances of
amounts previously appropriated to the ``Fire Protection'' and
``Emergency Department of the Interior Firefighting Fund'' may
be transferred and merged with this appropriation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds
available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation.
For an additional amount for ``Wildland Fire Management'',
$200,000,000, to remain available until expended, for emergency
rehabilitation and wildfire suppression activities: Provided,
That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That this amount shall be available
only to the extent that an official budget request for a
specific dollar amount, that includes designation of the entire
amount of the request as an emergency requirement as defined by
such Act, is transmitted by the President to the Congress.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by
a party in advance of or as reimbursement for remedial action
or response activities conducted by the Department pursuant to
section 107 or 113(f) of such Act, shall be credited to this
account to be available until expended without further
appropriation: Provided further, That such sums recovered from
or paid by any party are not limited to monetary payments and
may include stocks, bonds or other personal or real property,
which may be retained, liquidated, or otherwise disposed of by
the Secretary and which shall be credited to this account.
construction
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $16,860,000, to
remain available until expended.
payments in lieu of taxes
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $150,000,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$31,100,000, to be derived from the Land and Water Conservation
Fund, to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein
including existing connecting roads on or adjacent to such
grant lands; $104,267,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (50 Stat. 876).
forest ecosystems health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, and monitoring salvage timber sales and forest
ecosystem health and recovery activities such as release from
competing vegetation and density control treatments. The
Federal share of receipts (defined as the portion of salvage
timber receipts not paid to the counties under 43 U.S.C. 1181f
and 43 U.S.C. 1181-1 et seq., and Public Law 103-66) derived
from treatments funded by this account shall be deposited into
the Forest Ecosystem Health and Recovery Fund.
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, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of the Act of October 21, 1976
(43 U.S.C. 1701), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act,
to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for
solely on his certificate, not to exceed $10,000: Provided,
That notwithstanding 44 U.S.C. 501, the Bureau may, under
cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share the cost of printing either in cash or in
services, and the Bureau determines the cooperator is capable
of meeting accepted quality standards.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, for scientific and economic studies,
conservation, management, investigations, protection, and
utilization of fishery and wildlife resources, except whales,
seals, and sea lions, maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $776,595,000, to
remain available until September 30, 2002, except as otherwise
provided herein, of which not less than $2,000,000 shall be
provided to local governments in southern California for
planning associated with the Natural Communities Conservation
Planning (NCCP) program and shall remain available until
expended: Provided, That not less than $1,000,000 for high
priority projects which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13, 1970,
as amended: Provided further, That not to exceed $6,355,000
shall be used for implementing subsections (a), (b), (c), and
(e) of section 4 of the Endangered Species Act, as amended, for
species that are indigenous to the United States (except for
processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)): Provided further, That of the amount available
for law enforcement, up to $400,000 to remain available until
expended, may at the discretion of the Secretary, be used for
payment for information, rewards, or evidence concerning
violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activity,
authorized or approved by the Secretary and to be accounted for
solely on his certificate: Provided further, That of the amount
provided for environmental contaminants, up to $1,000,000 may
remain available until expended for contaminant sample
analyses.
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $63,015,000, to remain available until
expended: Provided, That, notwithstanding any provision of law
or regulation, funds appropriated in Public Law 106-113 for
exhibits at the J.N. Ding Darling National Wildlife Refuge
Education Center in Florida shall be transferred immediately to
the Ding Darling Wildlife Society for the purpose of
constructing the exhibits.
land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $62,800,000, to be derived
from the Land and Water Conservation Fund, to remain available
until expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as
amended, $26,925,000, to be derived from the Cooperative
Endangered Species Conservation Fund, to remain available until
expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $11,439,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $20,000,000, to remain available until expended.
wildlife conservation and appreciation fund
For necessary expenses of the Wildlife Conservation and
Appreciation Fund, $797,000, to remain available until
expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (Public Law 105-96; 16 U.S.C. 4261-4266), and the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301-
5306), $2,500,000, to remain available until expended:
Provided, That funds made available under this Act and Public
Law 105-277 for rhinoceros, tiger, and Asian elephant
conservation programs are exempt from any sanctions imposed
against any country under section 102 of the Arms Export
Control Act (22 U.S.C. 2799aa-1).
administrative provisions
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 79 passenger motor vehicles, of which 72 are for
replacement only (including 41 for police-type use); repair of
damage to public roads within and adjacent to reservation areas
caused by operations of the Service; options for the purchase
of land at not to exceed $1 for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the Service and to which
the United States has title, and which are used pursuant to law
in connection with management and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half
the cost of printing either in cash or services and the Service
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft:
Provided further, That notwithstanding any other provision of
law, the Secretary of the Interior may not spend any of the
funds appropriated in this Act for the purchase of lands or
interests in lands to be used in the establishment of any new
unit of the National Wildlife Refuge System unless the purchase
is approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures
contained in Senate Report 105-56.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
including not less than $2,000,000 for high priority projects
within the scope of the approved budget which shall be carried
out by the Youth Conservation Corps as authorized by 16 U.S.C.
1706, $1,389,144,000, of which $9,227,000 for research,
planning and interagency coordination in support of land
acquisition for Everglades restoration shall remain available
until expended, and of which not to exceed $7,000,000, to
remain available until expended, is to be derived from the
special fee account established pursuant to title V, section
5201 of Public Law 100-203: Provided, That the only funds in
this account which may be made available to support United
States Park Police operations are those needed to continue
services at the same level as was provided in fiscal year 2000
at the Statue of Liberty and Gateway National Recreation Area,
and those funds approved for emergency law and order incidents
pursuant to established National Park Service procedures and
those funds needed to maintain and repair United States Park
Police administrative facilities.
united states park police
For expenses necessary to carry out the programs of the
United States Park Police, $78,048,000, of which $1,607,000 for
security enhancements in the Washington, DC area shall remain
available until expended.
national recreation and preservation
(including transfer of funds)
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $58,359,000: Provided, That $1,595,000 appropriated in
Public Law 105-277 for the acquisition of interests in Ferry
Farm, George Washington's Boyhood Home, shall be transferred to
this account and shall be available until expended for a
cooperative agreement for management of George Washington's
Boyhood Home, Ferry Farm, as authorized in Public Law 105-355.
urban park and recreation fund
For expenses necessary to carry out the provisions of the
Urban Park and Recreation Recovery Act of 1978 (16 U.S.C. 2501
et seq.), $10,000,000, to remain available until expended.
historic preservation fund
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $79,347,000, to be derived from the Historic
Preservation Fund, to remain available until September 30,
2002, of which $7,177,000 pursuant to section 507 of Public Law
104-333 shall remain available until expended: Provided, That
of the total amount provided, $35,000,000 shall be for Save
America's Treasures for priority preservation projects,
including preservation of intellectual and cultural artifacts,
preservation of historic structures and sites, and buildings to
house cultural and historic resources and to provide
educational opportunities: Provided further, That any
individual Save America's Treasures grant shall be matched by
non-Federal funds: Provided further, That individual projects
shall only be eligible for one grant, and all projects to be
funded shall be approved by the House and Senate Committees on
Appropriations prior to the commitment of grant funds: Provided
further, That Save America's Treasures funds allocated for
Federal projects shall be available by transfer to appropriate
accounts of individual agencies, after approval of such
projects by the Secretary of the Interior: Provided further,
That none of the funds provided for Save America's Treasures
may be used for administrative expenses, and staffing for the
program shall be available from the existing staffing levels in
the National Park Service.
construction
For construction, improvements, repair or replacement of
physical facilities, including the modifications authorized by
section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $242,174,000, to remain available until
expended: Provided, That $650,000 for Lake Champlain National
Historic Landmarks, $300,000 for the Kendall County Courthouse,
and $365,000 for the U.S. Grant Boyhood Home National Historic
Landmark shall be derived from the Historic Preservation Fund
pursuant to 16 U.S.C. 470a.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2001 by 16
U.S.C. 460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through
11), including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the
statutory authority applicable to the National Park Service,
$110,540,000, to be derived from the Land and Water
Conservation Fund, to remain available until expended, of which
$40,500,000 is for the State assistance program including
$1,500,000 to administer the State assistance program, and of
which $12,000,000 may be for State grants for land acquisition
in the State of Florida: Provided, That the Secretary may
provide Federal assistance to the State of Florida for the
acquisition of lands or waters, or interests therein, within
the Everglades watershed (consisting of lands and waters within
the boundaries of the South Florida Water Management District,
Florida Bay and the Florida Keys, including the areas known as
the Frog Pond, the Rocky Glades and the Eight and One-Half
Square Mile Area) under terms and conditions deemed necessary
by the Secretary to improve and restore the hydrological
function of the Everglades watershed: Provided further, That
funds provided under this heading for assistance to the State
of Florida to acquire lands within the Everglades watershed are
contingent upon new matching non-Federal funds by the State and
shall be subject to an agreement that the lands to be acquired
will be managed in perpetuity for the restoration of the
Everglades: Provided further, That none of the funds provided
for the State Assistance program may be used to establish a
contingency fund: Provided further, That not to exceed
$50,000,000 derived from unexpended balances previously
appropriated in Public Laws 106-113 and 103-211 for land
acquisition assistance to the State of Florida shall be
available until expended for project modifications authorized
by section 104 of the Everglades National Park Protection and
Expansion Act.
administrative provisions
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 340 passenger motor
vehicles, of which 273 shall be for replacement only, including
not to exceed 319 for police-type use, 12 buses, and 9
ambulances: Provided, That none of the funds appropriated to
the National Park Service may be used to process any grant or
contract documents which do not include the text of 18 U.S.C.
1913: Provided further, 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 three calendar days
to a day certain) from the receipt by the Speaker of the House
of Representatives and the President of the Senate of a full
and comprehensive report on the development of the southern end
of Ellis Island, including the facts and circumstances relied
upon in support of the proposed project.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to
encourage employees receiving workers' compensation benefits
pursuant to chapter 81 of title 5, United States Code, to
return to appropriate positions for which they are medically
able.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law and to publish and
disseminate data; $862,046,000, of which $62,879,000 shall be
available only for cooperation with States or municipalities
for water resources investigations; and of which $16,400,000
shall remain available until expended for conducting inquiries
into the economic conditions affecting mining and materials
processing industries; and of which $1,525,000 shall remain
available until expended for ongoing development of a mineral
and geologic data base; and of which $32,822,000 shall be
available until September 30, 2002 for the operation and
maintenance of facilities and deferred maintenance; and of
which $157,923,000 shall be available until September 30, 2002
for the biological research activity and the operation of the
Cooperative Research Units: Provided, That none of these funds
provided for the biological research activity shall be used to
conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That no part 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.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other minerals
leases, permits, licenses and operating contracts; and for
matching grants or cooperative agreements; including the
purchase of not to exceed eight passenger motor vehicles for
replacement only, $133,410,000, of which $86,257,000, shall be
available for royalty management activities; and an amount not
to exceed $107,410,000, to be credited to this appropriation
and to remain available until expended, from additions to
receipts resulting from increases to rates in effect on August
5, 1993, from rate increases to fee collections for Outer
Continental Shelf administrative activities performed by the
Minerals Management Service over and above the rates in effect
on September 30, 1993, and from additional fees for Outer
Continental Shelf administrative activities established after
September 30, 1993: Provided, That to the extent $107,410,000
in additions to receipts are not realized from the sources of
receipts stated above, the amount needed to reach $107,410,000
shall be credited to this appropriation from receipts resulting
from rental rates for Outer Continental Shelf leases in effect
before August 5, 1993: Provided further, That $3,000,000 for
computer acquisitions shall remain available until September
30, 2002: Provided further, That funds appropriated under this
Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding any
other provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals
Management Service (MMS) concurred with the claimed refund due,
to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided
further, That MMS may under the royalty-in-kind pilot program
use a portion of the revenues from royalty-in-kind sales,
without regard to fiscal year limitation, to pay for
transportation to wholesale market centers or upstream pooling
points, and to process or otherwise dispose of royalty
production taken in kind: Provided further, That MMS shall
analyze and document the expected return in advance of any
royalty-in-kind sales to assure to the maximum extent
practicable that royalty income under the pilot program is
equal to or greater than royalty income recognized under a
comparable royalty-in-value program.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $6,118,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $100,801,000:
Provided, That the Secretary of the Interior, pursuant to
regulations, may use directly or through grants to States,
moneys collected in fiscal year 2001 for civil penalties
assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
adversely affected by coal mining practices after August 3,
1977, to remain available until expended: Provided further,
That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $202,438,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund
and to remain available until expended; of which up to
$10,000,000, to be derived from the Federal Expenses Share of
the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage
from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants to
minimum program States will be $1,600,000 per State in fiscal
year 2001: Provided further, That of the funds herein provided
up to $18,000,000 may be used for the emergency program
authorized by section 410 of Public Law 95-87, as amended, of
which no more than 25 percent shall be used for emergency
reclamation projects in any one State and funds for federally
administered emergency reclamation projects under this proviso
shall not exceed $11,000,000: Provided further, That prior year
unobligated funds appropriated for the emergency reclamation
program shall not be subject to the 25 percent limitation per
State and may be used without fiscal year limitation for
emergency projects: Provided further, That pursuant to Public
Law 97-365, the Department of the Interior is authorized to use
up to 20 percent from the recovery of the delinquent debt owed
to the United States Government to pay for contracts to collect
these debts: Provided further, That funds made available under
title IV of Public Law 95-87 may be used for any required non-
Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration related
to treatment or abatement of acid mine drainage from abandoned
mines: Provided further, That such projects must be consistent
with the purposes and priorities of the Surface Mining Control
and Reclamation Act: Provided further, That the State of
Maryland may set aside the greater of $1,000,000 or 10 percent
of the total of the grants made available to the State under
title IV of the Surface Mining Control and Reclamation Act of
1977, as amended (30 U.S.C. 1231 et seq.), if the amount set
aside is deposited in an acid mine drainage abatement and
treatment fund established under a State law, pursuant to which
law the amount (together with all interest earned on the
amount) is expended by the State to undertake acid mine
drainage abatement and treatment projects, except that before
any amounts greater than 10 percent of its title IV grants are
deposited in an acid mine drainage abatement and treatment
fund, the State of Maryland must first complete all Surface
Mining Control and Reclamation Act priority one projects.
Bureau of Indian Affairs
operation of indian programs
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.),
as amended, the Education Amendments of 1978 (25 U.S.C. 2001-
2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), as amended, $1,741,212,000, to remain
available until September 30, 2002 except as otherwise provided
herein, of which not to exceed $93,225,000 shall be for welfare
assistance payments and notwithstanding any other provision of
law, including but not limited to the Indian Self-Determination
Act of 1975, as amended, not to exceed $125,485,000 shall be
available for payments to tribes and tribal organizations for
contract support costs associated with ongoing contracts,
grants, compacts, or annual funding agreements entered into
with the Bureau prior to or during fiscal year 2001, as
authorized by such Act, except that tribes and tribal
organizations may use their tribal priority allocations for
unmet indirect costs of ongoing contracts, grants, or compacts,
or annual funding agreements and for unmet welfare assistance
costs; and up to $5,000,000 shall be for the Indian Self-
Determination Fund which shall be available for the
transitional cost of initial or expanded tribal contracts,
grants, compacts or cooperative agreements with the Bureau
under such Act; and of which not to exceed $423,056,000 for
school operations costs of Bureau-funded schools and other
education programs shall become available on July 1, 2001, and
shall remain available until September 30, 2002; and of which
not to exceed $60,194,000 shall remain available until expended
for housing improvement, road maintenance, attorney fees,
litigation support, self-governance grants, the Indian Self-
Determination Fund, land records improvement, and the Navajo-
Hopi Settlement Program; and of which not to exceed $108,000
shall be for payment to the United Sioux Tribes of South Dakota
Development Corporation for the purpose of providing employment
assistance to Indian clients of the Corporation, including
employment counseling, follow-up services, housing services,
community services, day care services, and subsistence to help
Indian clients become fully employed members of society:
Provided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act
of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$43,160,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with
the operation of Bureau-funded schools: Provided further, That
any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2002, may be transferred during
fiscal year 2003 to an Indian forest land assistance account
established for the benefit of such tribe within the tribe's
trust fund account: Provided further, That any such unobligated
balances not so transferred shall expire on September 30, 2003.
construction
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483,
$357,404,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to exceed 6
percent of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau: Provided
further, That any funds provided for the Safety of Dams program
pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That for fiscal year
2001, in implementing new construction or facilities
improvement and repair project grants in excess of $100,000
that are provided to tribally controlled grant schools under
Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12
as the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary shall
consider whether the Indian tribe or tribal organization would
be deficient in assuring that the construction projects conform
to applicable building standards and codes and Federal, tribal,
or State health and safety standards as required by 25 U.S.C.
2005(a), with respect to organizational and financial
management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall follow
the requirements contained in 25 U.S.C. 2505(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2508(e).
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $37,526,000, to
remain available until expended; of which $25,225,000 shall be
available for implementation of enacted Indian land and water
claim settlements pursuant to Public Laws 101-618 and 102-575,
and for implementation of other enacted water rights
settlements; of which $8,000,000 shall be available for Tribal
compact administration, economic development and future water
supplies facilities under Public Law 106-163; of which
$2,127,000 shall be available pursuant to Public Laws 99-264,
100-383, 100-580 and 103-402; and of which $2,000,000 shall be
available for the consent decree entered by the U.S. District
Court, Western District of Michigan in United States v.
Michigan, Case No. 2:73 CV 26.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $59,682,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $488,000.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase of
not to exceed 229 passenger motor vehicles, of which not to
exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations, pooled overhead general administration (except
facilities operations and maintenance), or provided to
implement the recommendations of the National Academy of Public
Administration's August 1999 report shall be available for
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance Act
of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government's trust responsibility to that tribe, or
the government-to-government relationship between the United
States and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996. No
funds available to the Bureau shall be used to support expanded
grades for any school or dormitory beyond the grade structure
in place or approved by the Secretary of the Interior at each
school in the Bureau school system as of October 1, 1995. Funds
made available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term is
defined in section 1146 of the Education Amendments of 1978 (25
U.S.C. 2026)), except that a charter school that is in
existence on the date of the enactment of this Act and that has
operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the
charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal
property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the
Bureau does not assume any obligation for charter school
programs of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-funded
schools sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims
Act''). Not later than June 15, 2001, the Secretary of the
Interior shall evaluate the effectiveness of Bureau-funded
schools sharing facilities with charter schools in the manner
described in the preceding sentence and prepare and submit a
report on the finding of that evaluation to the Committees on
Appropriations of the Senate and of the House.
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$75,471,000, of which: (1) $71,076,000 shall be available until
expended for technical assistance, including maintenance
assistance, disaster assistance, insular management controls,
coral reef initiative activities, and brown tree snake control
and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by law
(Public Law 94-241; 90 Stat. 272); and (2) $4,395,000 shall be
available for salaries and expenses of the Office of Insular
Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the
Agreement of the Special Representatives on Future United
States Financial Assistance for the Northern Mariana Islands
approved by Public Law 104-134: Provided further, That of the
amounts provided for technical assistance, not to exceed
$300,000 may be made available for transfer to the Disaster
Assistance Direct Loan Program Account of the Federal Emergency
Management Agency for the purpose of covering the cost of
forgiving a portion of the obligation of the Government of the
Virgin Islands to pay interest which has accrued on Community
Disaster Loan 841 during fiscal year 2000, as required by
section 504 of the Congressional Budget Act of 1974, as amended
(2 U.S.C. 661c): Provided further, That of the amounts provided
for technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided
further, That of the amounts provided for technical assistance,
the amount of $700,000 shall be made available to the Prior
Service Benefits Trust Fund for its program of benefit payments
to individuals: Provided further, That none of this amount
shall be used for administrative expenses of the Prior Service
Benefits Trust Fund: Provided further, That the funds for the
program of operations and maintenance improvement are
appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure in American
Samoa, Guam, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, the Republic of Palau, the Republic
of the Marshall Islands, and the Federated States of Micronesia
through assessments of long-range operations maintenance needs,
improved capability of local operations and maintenance
institutions and agencies (including management and vocational
education training), and project-specific maintenance (with
territorial participation and cost sharing to be determined by
the Secretary based on the individual territory's commitment to
timely maintenance of its capital assets): Provided further,
That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used
as non-Federal matching funds for the purpose of hazard
mitigation grants provided pursuant to section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the
Federated States of Micronesia and the Republic of the Marshall
Islands as provided for in sections 122, 221, 223, 232, and 233
of the Compact of Free Association, and for economic assistance
and necessary expenses for the Republic of Palau as provided
for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, $20,745,000, to remain available until
expended, as authorized by Public Law 99-239 and Public Law 99-
658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of
the Interior, $64,319,000, of which not to exceed $8,500 may be
for official reception and representation expenses, of which up
to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines, and
of which $300,000 shall be for a grant to Alaska Pacific
University for the development of an ANILCA training
curriculum.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$40,196,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$27,846,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $82,628,000, to remain available until expended:
Provided, That funds for trust management improvements may be
transferred, as needed, to the Bureau of Indian Affairs
``Operation of Indian Programs'' account and to the
Departmental Management ``Salaries and Expenses'' account:
Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated
during fiscal year 2001, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain
available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the
statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the
enactment of this Act, concerning losses to or mismanagement of
trust funds, until the affected tribe or individual Indian has
been furnished with an accounting of such funds from which the
beneficiary can determine whether there has been a loss:
Provided further, 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.
indian land consolidation
For implementation of a program for consolidation of
fractional interests in Indian lands and expenses associated
with redetermining and redistributing escheated interests in
allotted lands by direct expenditure or cooperative agreement,
$9,000,000, to remain available until expended and which may be
transferred to the Bureau of Indian Affairs and Departmental
Management, of which not to exceed $1,000,000 shall be
available for administrative expenses: Provided, That the
Secretary may enter into a cooperative agreement, which shall
not be subject to Public Law 93-638, as amended, with a tribe
having jurisdiction over the reservation to implement the
program to acquire fractional interests on behalf of such
tribe: Provided further, That the Secretary may develop a
reservation-wide system for establishing the fair market value
of various types of lands and improvements to govern the
amounts offered for acquisition of fractional interests:
Provided further, That acquisitions shall be limited to one or
more reservations as determined by the Secretary: Provided
further, That funds shall be available for acquisition of
fractional interests in trust or restricted lands with the
consent of its owners and at fair market value, and the
Secretary shall hold in trust for such tribe all interests
acquired pursuant to this program: Provided further, That all
proceeds from any lease, resource sale contract, right-of-way
or other transaction derived from the fractional interests
shall be credited to this appropriation, and remain available
until expended, until the purchase price paid by the Secretary
under this appropriation has been recovered from such proceeds:
Provided further, That once the purchase price has been
recovered, all subsequent proceeds shall be managed by the
Secretary for the benefit of the applicable tribe or paid
directly to the tribe.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment activities by
the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et
seq.), Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (Public Law
101-380) (33 U.S.C. 2701 et seq.), and Public Law 101-337, as
amended (16 U.S.C. 19jj et seq.), $5,403,000, to remain
available until expended.
administrative provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That notwithstanding any other provision of
law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no
programs funded with appropriated funds in the ``Departmental
Management'', ``Office of the Solicitor'', and ``Office of
Inspector General'' may be augmented through the Working
Capital Fund or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to
this section are hereby designated by Congress to be
``emergency requirements'' pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
and must be replenished by a supplemental appropriation which
must be requested as promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to
other Federal agencies for destruction of vehicles, aircraft,
or other equipment in connection with their use for wildland
fire operations, such reimbursement to be credited to
appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations,
no funds shall be made available under this authority until the
Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within thirty days:
Provided further, That all funds used pursuant to this section
are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be
available for operation of warehouses, garages, shops, and
similar facilities, wherever consolidation of activities will
contribute to efficiency or economy, and said appropriations
shall be reimbursed for services rendered to any other activity
in the same manner as authorized by sections 1535 and 1536 of
title 31, United States Code: Provided, That reimbursements for
costs and supplies, materials, equipment, and for services
rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the Secretary,
in total amount not to exceed $500,000; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall be available for
uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901-5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made in this title shall be
available for obligation in connection with contracts issued
for services or rentals for periods not in excess of 12 months
beginning at any time during the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
leasing and related activities placed under restriction in the
President's moratorium statement of June 26, 1990, in the areas
of northern, central, and southern California; the North
Atlantic; Washington and Oregon; and the eastern Gulf of Mexico
south of 26 degrees north latitude and east of 86 degrees west
longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
oil and natural gas preleasing, leasing, and related
activities, on lands within the North Aleutian Basin planning
area.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer Continental
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
Sec. 110. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 111. Advance payments made under this title to Indian
tribes, tribal organizations, and tribal consortia pursuant to
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.) may be invested by the Indian
tribe, tribal organization, or consortium before such funds are
expended for the purposes of the grant, compact, or annual
funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal
organization, or consortium only in obligations of the
United States, or in obligations or securities that are
guaranteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured
by an agency or instrumentality of the United States,
or are fully collateralized to ensure protection of the
funds, even in the event of a bank failure.
Sec. 112. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-
recreational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such
activity appropriate to that unit.
Sec. 113. Refunds or rebates received on an on-going basis
from a credit card services provider under the Department of
the Interior's charge card programs, hereafter may be deposited
to and retained without fiscal year limitation in the
Departmental Working Capital Fund established under 43 U.S.C.
1467 and used to fund management initiatives of general benefit
to the Department of the Interior's bureaus and offices as
determined by the Secretary or his designee.
Sec. 114. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special Trustee
for American Indians and any available unobligated balances
from prior appropriations Acts made under the same headings,
shall be available for expenditure or transfer for Indian trust
management activities pursuant to the Trust Management
Improvement Project High Level Implementation Plan.
Sec. 115. Notwithstanding any provision of law, hereafter
the Secretary of the Interior is authorized to negotiate and
enter into agreements and leases, without regard to section 321
of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b),
with any person, firm, association, organization, corporation,
or governmental entity for all or part of the property within
Fort Baker administered by the Secretary as part of Golden Gate
National Recreation Area. The proceeds of the agreements or
leases shall be retained by the Secretary and such proceeds
shall be available, without future appropriation, for the
preservation, restoration, operation, maintenance and
interpretation and related expenses incurred with respect to
Fort Baker properties.
Sec. 116. A grazing permit or lease that expires (or is
transferred) during fiscal year 2001 shall be renewed under
section 402 of the Federal Land Policy and Management Act of
1976, as amended (43 U.S.C. 1752) or if applicable, section 510
of the California Desert Protection Act (16 U.S.C. 410aaa-50).
The terms and conditions contained in the expiring permit or
lease shall continue in effect under the new permit or lease
until such time as the Secretary of the Interior completes
processing of such permit or lease in compliance with all
applicable laws and regulations, at which time such permit or
lease may be canceled, suspended or modified, in whole or in
part, to meet the requirements of such applicable laws and
regulations. Nothing in this section shall be deemed to alter
the Secretary's statutory authority.
Sec. 117. Notwithstanding any other provision of law, for
the purpose of reducing the backlog of Indian probate cases in
the Department of the Interior, the hearing requirements of
chapter 10 of title 25, United States Code, are deemed
satisfied by a proceeding conducted by an Indian probate judge,
appointed by the Secretary without regard to the provisions of
title 5, United States Code, governing the appointments in the
competitive service, for such period of time as the Secretary
determines necessary: Provided, That the basic pay of an Indian
probate judge so appointed may be fixed by the Secretary
without regard to the provisions of chapter 51, and subchapter
III of chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, except
that no such Indian probate judge may be paid at a level which
exceeds the maximum rate payable for the highest grade of the
General Schedule, including locality pay.
Sec. 118. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2001. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
Sec. 119. None of the funds in this Act may be used to
establish a new National Wildlife Refuge in the Kankakee River
basin that is inconsistent with the United States Army Corps of
Engineers' efforts to control flooding and siltation in that
area. Written certification of consistency shall be submitted
to the House and Senate Committees on Appropriations prior to
refuge establishment.
Sec. 120. The Great Marsh Trail at the Mason Neck National
Wildlife Refuge in Virginia is hereby named for Joseph V.
Gartlan, Jr. and shall hereafter be referred to in any law,
document, or records of the United States as the ``Joseph V.
Gartlan, Jr. Great Marsh Trail''.
Sec. 121. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2001 shall be
allocated among the schools proportionate to the unmet need of
the schools as determined by the Postsecondary Funding Formula
adopted by the Office of Indian Education Programs.
Sec. 122. (a) Notwithstanding any other provision of law,
with respect to amounts made available for tribal priority
allocations in Alaska, such amounts shall only be provided to
tribes the membership of which on June 1, 2000 is composed of
at least 25 individuals who are Natives (as such term is
defined in section 3(b) of the Alaska Native Claims Settlement
Act) who reside in the area generally known as the village for
such tribe.
(b) Amounts that would have been made available for tribal
priority allocations in Alaska but for the limitation contained
in subsection (a) shall be provided to the respective Alaska
Native regional nonprofit corporation (as listed in section
103(a)(2) of Public Law 104-193, 110 Stat. 2159) for the
respective region in which a tribe subject to subsection (a) is
located, notwithstanding any resolution authorized under
federal law to the contrary.
Sec. 123. (a) In this section--
(1) the term ``Huron Cemetery'' means the lands
that form the cemetery that is popularly known as the
Huron Cemetery, located in Kansas City, Kansas, as
described in subsection (b)(3); and
(2) the term ``Secretary'' means the Secretary of
the Interior.
(b)(1) The Secretary shall take such action as may be
necessary to ensure that the lands comprising the Huron
Cemetery (as described in paragraph (3)) are used only in
accordance with this subsection.
(2) The lands of the Huron Cemetery shall be used only--
(A) for religious and cultural uses that are
compatible with the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is
as follows:
The tract of land in the NW quarter of sec. 10, T. 11 S.,
R. 25 E., of the sixth principal meridian, in Wyandotte County,
Kansas (as surveyed and marked on the ground on August 15,
1888, by William Millor, Civil Engineer and Surveyor),
described as follows:
``Commencing on the Northwest corner of the
Northwest Quarter of the Northwest Quarter of said
Section 10;
``Thence South 28 poles to the `true point of
beginning';
``Thence South 71 degrees East 10 poles and 18
links;
``Thence South 18 degrees and 30 minutes West 28
poles;
``Thence West 11 and one-half poles;
``Thence North 19 degrees 15 minutes East 31 poles
and 15 feet to the `true point of beginning',
containing 2 acres or more.''.
Sec. 124. None of the Funds provided in this Act shall be
available to the Bureau of Indian Affairs or the Department of
the Interior to transfer land into trust status for the
Shoalwater Bay Indian Tribe in Clark County, Washington, unless
and until the tribe and the county reach a legally enforceable
agreement that addresses the financial impact of new
development on the county, school district, fire district, and
other local governments and the impact on zoning and
development.
Sec. 125. None of the funds provided in this Act may be
used by the Department of the Interior to implement the
provisions of Principle 3(C)ii and Appendix section 3(B)(4) in
Secretarial Order 3206, entitled ``American Indian Tribal
Rights, Federal-Tribal Trust Responsibilities, and the
Endangered Species Act''.
Sec. 126. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study or
implement any plan to drain Lake Powell or to reduce the water
level of the lake below the range of water levels required for
the operation of the Glen Canyon Dam.
Sec. 127. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
Sec. 128. Section 112 of Public Law 103-138 (107 Stat.
1399) is amended by striking ``permit LP-GLBA005-93'' and
inserting ``permit LP-GLBA005-93 and in connection with a
corporate reorganization plan, the entity that, after the
corporate reorganization, holds entry permit CP-GLBA004-00
each''.
Sec. 129. Notwithstanding any other provision of law, the
Secretary of the Interior shall designate Anchorage, Alaska, as
a port of entry for the purpose of section 9(f)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1538(f)(1)).
Sec. 130. (a) The first section of Public Law 92-501 (86
Stat. 904) is amended by inserting after the first sentence
``The park shall also include the land as generally depicted on
the map entitled `subdivision of a portion of U.S. Survey 407,
Tract B, dated May 12, 2000' ''.
(b) Section 3 of Public Law 92-501 is amended to read as
follows: ``There are authorized to be appropriated such sums as
are necessary to carry out the terms of this Act.''.
Sec. 131. (a) All proceeds, including bonuses, rents, and
royalties, of Oil and Gas Lease sale 991, held by the Bureau of
Land Management on May 5, 1999, or subsequent lease sales in
the National Petroleum Reserve--Alaska (hereafter ``proceeds'')
attributable to the area subject to withdrawal for Kuukpik
Corporation's selection under section 22(j)(2) of the Alaska
Native Claims Settlement Act, Public Law 92-203 (85 Stat. 688),
shall be deposited into a separate fund of the Treasury
(hereafter ``fund'').
(b) Within 120 days after the date of enactment of this
Act, the Secretary of the Treasury shall transfer from the
General Fund to the fund an amount determined by the Secretary
of the Treasury, in consultation with the Secretary of the
Interior, to be equal to the amount of interest income that
would have been credited in the fund between May 5, 1999 and
the date of enactment of this Act. For the purposes of this
subsection (b), the Secretary of the Treasury shall calculate
the interest income using a yield for a 52-week Treasury bill
issued on or about May 5, 1999.
(c) On the date of the enactment of this Act, the Secretary
of the Interior shall request the Secretary of the Treasury to
invest such portion of the fund as is not, in the Secretary of
the Interior's judgment, required to meet current payment
requirements from the fund as determined under subsection (d).
Such investments shall be made by the Secretary of the Treasury
in public debt securities with maturities suitable to the needs
of the fund, as determined by the Secretary of the Interior,
and bearing interest at a rate determined by the Secretary of
the Treasury, taking into consideration current market yields
on outstanding marketable obligations of the United States of
comparable maturity.
(d) Hereafter, amounts in the fund shall be available to
the Secretary of the Interior, without fiscal year limitation,
and the Secretary of the Interior shall pay to Arctic Slope
Regional Corporation and the State of Alaska the amount of
their entitlement when determined in accordance with applicable
law, together with interest, as calculated by the Secretary of
the Interior, from the date of receipt of the proceeds by the
United States to the date of payment on the proportionate share
of the fund distributed. Any remainder shall revert to the
General Fund of the Treasury.
Sec. 132. Notwithstanding any other provision of law, the
Secretary of the Interior shall convey to Harvey R. Redmond of
Girdwood, Alaska, at no cost, all right, title, and interest of
the United States in and to United States Survey No. 12192,
Alaska, consisting of 49.96 acres located in the vicinity of T.
9N., R., 3E., Seward Meridian, Alaska.
Sec. 133. Clarification of Terms of Conveyance to Nye
County, Nevada. Section 132(b)(3) of the Department of the
Interior and Related Agencies Appropriations Act, 2000 (113
Stat. 1535, 1501A-165), is amended--
(1) by redesignating subparagraph (B) as
subparagraph (C); and
(2) by inserting after subparagraph (A) the
following:
``(B) Lease.--Notwithstanding any provision
of the Act of June 14, 1926 (commonly known as
the `Recreation and Public Purposes Act') (43
U.S.C. 869 et seq.), the county may enter into
a long-term lease of any of the parcels
described in paragraph (2) with a nonprofit
organization under which the nonprofit
organization would own and operate the Nevada
Science and Technology Center for public, non-
commercial purposes.''.
Sec. 134. Mississippi River Island No. 228, Iowa, Land
Exchange. (a) Identification of Land To Be Received in
Exchange.--Not later than 180 days after the date of enactment
of this Act, the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service
(referred to in this section as the ``Secretary''), shall
provide Dubuque Barge & Fleeting Services, Inc. (referred to in
this section as ``Dubuque''), a notice that identifies parcels
of land or interests in land--
(1) that are of a value that is approximately equal
to the value of a parcel comprising a 150-foot wide
strip of land on the west side of the northern half of
Mississippi River Island No. 228, as determined through
an appraisal conducted in conformity with the Uniform
Appraisal Standards for Federal Land Acquisition; and
(2) that the Secretary would consider acceptable in
exchange for all right, title, and interest of the
United States in and to that parcel.
(b) Land for Wildlife and Fish Refuge.--Land or interests
in land that the Secretary may consider acceptable for the
purposes of subsection (a) include land or interests in land
that would be suitable for inclusion in the Upper Mississippi
River Wildlife and Fish Refuge.
(c) Exchange.--Not later than 180 days after Dubuque offers
land or interests in land identified in the notice under
subsection (a), the Secretary shall convey all right, title,
and interest of the United States in and to the parcel
described in subsection (a) in exchange for the land or
interests in land offered by Dubuque, and shall permanently
discontinue barge fleeting at the Mississippi River island,
Tract JO-4, Parcel A, in the W/2 SE/4, Section 30, T.29N.,
R.2W., Jo Daviess County, Illinois, located between miles #578
and #579, commonly known as Pearl Island.
Sec. 135. (a) Findings.--The Senate makes the following
findings--
(1) in 1990, pursuant to the Indian Self-
Determination and Education Assistance Act (ISDEAA), 25
U.S.C. 450 et seq., a class action lawsuit was filed by
Indian tribal contractors and tribal consortia against
the United States, the Secretary of the Interior and
others seeking money damages, injunctive relief, and
declaratory relief for alleged violations of the ISDEAA
(Ramah Navajo Chapter v. Lujan, 112 F.3d 1455 (10th
Cir. 1997));
(2) the parties negotiated a partial settlement of
the claim totaling $76,200,000, plus applicable
interest, which was approved by the court on May 14,
1999;
(3) the partial settlement was paid by the United
States in September 1999, in the amount of $82,000,000;
(4) the Judgment Fund was established to pay for
legal judgments awarded to plaintiffs who have filed
suit against the United States;
(5) the Contract Disputes Act of 1978 requires that
the Judgment Fund be reimbursed by the responsible
agency following the payment of an award from the Fund;
and
(6) the shortfall in contract support payments
found by the Court of Appeals for the 10th Circuit in
Ramah resulted primarily from the non-payment or
underpayment of indirect costs by agencies other than
the Bureau of Indian Affairs and the Indian Health
Service.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) repayment of the Judgment Fund for the partial
settlement in Ramah from the accounts of the Bureau of
Indian Affairs and Indian Health Service would
significantly reduce funds appropriated to benefit
tribes and individual Native Americans; and
(2) the Secretary of the Interior should work with
the Director of the Office of Management and Budget to
secure funding for repayment of the judgment in Ramah
within the budgets of the agencies that did not pay
indirect costs to plaintiffs during the period 1988 to
1993 or paid indirect costs at less than rates provided
under the Indian Self-Determination Act during such
period.
Sec. 136. In fiscal year 2001 and thereafter and
notwithstanding any other provision of law, the United States
Fish and Wildlife Service shall establish and implement a fee
schedule to permit a return to the Service for forensic
laboratory services provided to non-Department of the Interior
entities. Fees shall be collected as determined appropriate by
the Director of the Fish and Wildlife Service and shall be
credited to this appropriation and be available for expenditure
without further appropriation until expended.
Sec. 137. Boundary Adjustment to Exclude Private Land and
Access Road, Argus Range Wilderness, California Desert
Conservation Area. (a) Boundary Adjustment.--The boundary of
the Argus Range Wilderness in the California Desert
Conservation Area, as designated by section 102(a)(1) of the
California Desert Protection Act of 1994 (Public Law 103-433;
16 U.S.C. 1132 note) is adjusted to exclude from the area
encompassed by the wilderness--
(1) a parcel of private property located in the
southwest quarter of the northeast quarter of section
35, township 21 south, range 42 east, Mount Diablo
meridian, Inyo County, California; and
(2) the roadway described in subsection (b) that is
used to access the private property.
(b) Description of Roadway.--The roadway referred to in
subsection (a) means--
(1) the main stem of the road running east and west
through sections 35 and 36, township 21 south, range 42
east, and section 31, township 21 south, range 43 east,
Mount Diablo meridian, to the point where the main stem
first divides into two branches to provide access to
the parcel of private property described in subsection
(a) from the east and the north; and
(2) each of the two branches of that road, as
described in paragraph (1).
(c) Legal Description of Excluded Area.--The exact acreage
and legal description of the area to be excluded from the
wilderness area pursuant to subsection (a) shall be determined
by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the Secretary. In connection with the
main stem of the roadway described in subsection (b)(1), the
Secretary shall exclude, at a minimum, all lands within 30 feet
of the center line of the roadway.
Sec. 138. (a) Pursuant to the provisions of section 4(a)(3)
of the National Wildlife Refuge System Administration Act (16
U.S.C. 668dd(a)(3)), the Secretary of the Interior is directed
to remove from the Columbia National Wildlife Refuge all right,
title and interest of the United States in and to the following
described properties:
Lots 1 and 2 of Block 144, in Othello Land
Company's First Addition to Othello according to the
recorded plat thereof, together with all lands
presently or formerly occupied by public thoroughfares
or rights of way abutting or adjoining the above
described land, in the County of Adams, State of
Washington, T.16 N., R.29E., W.M.
and to transfer said property without compensation to the City
of Othello, Washington.
(b) The property conveyed under this section shall be used
for public housing or other public purpose, and all right,
title and interest in and to such property shall revert to the
United States if it is used for any other purpose.
(c) The City of Othello shall hold the United States
harmless, and shall indemnify the United States, for all
claims, costs, damages, and judgements arising out of any act
or omission relating to the property conveyed under this
section.
Sec. 139. Section 412(b) of the National Parks Omnibus
Management Act of 1998, as amended (16 U.S.C. 5961) is amended
by striking ``2000'' and inserting ``2001''.
Sec. 140. Notwithstanding other provisions of law, the
National Park Service may authorize, through cooperative
agreement, the Golden Gate National Parks Association to
provide fee-based education, interpretive and visitor service
functions within the Crissy Field and Fort Point areas of the
Presidio.
Sec. 141. The building housing the visitors center within
the boundaries of the Chincoteague National Wildlife Refuge on
Assateague Island, Virginia, shall be known and designated as
the ``Herbert H. Bateman Educational and Administrative
Center'' and shall hereafter be referred to in any law, map,
regulation, document, paper, or other record of the United
States as the ``Herbert H. Bateman Educational and
Administrative Center''.
Sec. 142. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or
seedlings including those collected in fiscal year 2000, may be
credited to the appropriation from which funds were expended to
acquire or grow the seeds or seedlings and are available
without fiscal year limitation.
Sec. 143. Public Law 105-83 (111 Stat. 1556) is amended as
follows: Under the heading ``Operation of Indian Programs'' in
the Bureau of Indian Affairs strike ``non-Federal'' in the last
proviso and insert in lieu thereof ``non-Department of the
Interior''.
Sec. 144. (a) Notwithstanding any other provision of law,
and subject to subsections (b) and (c), all conveyances to the
city of Valley City, a municipal corporation of Barnes County,
North Dakota, of lands described in subsection (b), heretofore
or hereafter made directly by The Burlington Northern and Santa
Fe Railway Company or its successors, are hereby validated to
the extent that the conveyances would be legal and valid if all
right, title, and interest of the United States, except
minerals, were held by The Burlington Northern and Santa Fe
Railway Company.
(b) Lands Described.--The lands referred to in subsection
(a) are the land that formed part of the railroad right-of-way
granted to the Northern Pacific Railroad Company, a predecessor
to The Burlington Northern and Santa Fe Railway Company, by an
Act of Congress on July 2, 1864, specifically a 400-foot wide
right-of-way, being 200 feet wide on each side of the
centerline of the rail track as originally located and
constructed between milepost 69.05 and milepost 61.10 within
Barnes County, North Dakota, as shown and described on the map
entitled ``City of Valley City--Railroad Parcels'' dated
September 1, 2000. Such map shall be placed on file and
available for inspection in the offices of the Director of the
Bureau of Land Management.
(c) Access and Mineral Rights.--
(1) Preservation of rights of access.--Nothing in
this section shall impair any rights of access in favor
of the public or any owner of adjacent lands over,
under, or across the lands described in section 2.
(2) Minerals.--The United States reserves any
federally owned mineral rights in the lands described
in subsection (b), except that the United States
disclaims any and all right of surface entry to the
mineral estate of such lands.
Sec. 145. (a) Short Title.--This section may be cited as
the ``First Ladies National Historic Site Act of 2000''.
(b) First Ladies National Historic Site.--
(1) Findings.--The Congress finds the following:
(A) Throughout the history of the United
States, First Ladies have had an important
impact on our Nation's history.
(B) Little attention has been paid to the
role of First Ladies and their impact on our
Nation's history.
(C) Establishment of the First Ladies
National Historic Site will provide unique
opportunities for education and study into the
impact of First Ladies on our history.
(2) Purposes.--The purposes of this section are the
following:
(A) To preserve and interpret the role and
history of First Ladies for the benefit,
inspiration, and education of the people of the
United States.
(B) To interpret the impact of First Ladies
on the history of the United States.
(C) To provide to school children and
scholars access to information about the
contributions of First Ladies through both a
physical educational facility and an electronic
virtual library.
(D) To establish the First Ladies National
Historic Site in Canton, Ohio, the home of
First Lady Ida Saxton McKinley.
(E) To create a public-private partnership
between the National Park Service and the
National First Ladies Library.
(3) Establishment of first ladies national historic
site.--
(A) Establishment.--There is established in
Canton, Ohio, the First Ladies National
Historic Site.
(B) Description.--The historic site shall
consist of--
(i) the land and improvements
comprising the National Park Service
property located at 331 Market Avenue
South in Canton, Ohio, known as the Ida
Saxton McKinley House; and
(ii) if acquired under subsection
(b)(4), National Park Service property
located at 205 Market Avenue South in
Canton, Ohio, known as the City
National Bank Building.
(4) Acquisition of city national bank building.--
The Secretary may acquire by donation, for inclusion in
the historic site, the property located at 205 Market
Avenue South in Canton, Ohio, known as the City
National Bank Building.
(5) Administration of the historic site.--
(A) In general.--The Secretary shall
administer the historic site in accordance with
this section and the provisions of law
generally applicable to units of the National
Park System, including the Act entitled ``An
Act to establish a National Park Service, and
for other purposes'', approved August 25, 1916
(16 U.S.C. 1 et seq.), and the Act of August
21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C.
461 et seq.).
(B) Cooperative agreements.--
(i) To further the purposes of this
section, the Secretary may enter into a
cooperative agreement with the National
First Ladies Library (a nonprofit
corporation established under the laws
of the District of Columbia) under
which the National First Ladies Library
may operate and maintain the site.
(ii) To further the purposes of
this section, the Secretary may enter
into cooperative agreements with other
public and private organizations.
(C) Assistance.--The Secretary may provide
to the National First Ladies Library--
(i) technical assistance for the
preservation of historic structures of,
the maintenance of the cultural
landscape of, and local preservation
planning for, the historic site; and
(ii) subject to the availability of
appropriations, financial assistance
for the operation and maintenance of
the historic site.
(D) Admission fees.--The Secretary may
authorize the National First Ladies Library
to--
(i) charge fees for admission to
the historic site; and
(ii) retain and use for the
historic site amounts paid as such
fees.
(E) Management of property.--The Secretary
may authorize the National First Ladies
Library--
(i) to manage any property within
the historic site;
(ii) to lease to other public or
private entities any property managed
under subparagraph (i) by the National
First Ladies Library; and
(iii) to retain and use for the
historic site amounts received under
such leases.
(6) General management plan.--
(A) In general.--Not later than the last
day of the third full fiscal year beginning
after the date of enactment of this Act, the
Secretary shall, in consultation with the
officials described in paragraph (B), prepare a
general management plan for the historic site.
(B) Consultation.--In preparing the general
management plan, the Secretary shall consult
with an appropriate official of--
(i) the National First Ladies
Library; and
(ii) appropriate political
subdivisions of the State of Ohio that
have jurisdiction over the area where
the historic site is located.
(C) Submission of plan to congress.--Upon
the completion of the general management plan,
the Secretary shall submit a copy of the plan
to the Committee on Energy and Natural
Resources of the Senate and the Committee on
Resources of the House of Representatives.
(7) Definitions.--In this section:
(A) Historic site.--The term ``historic
site'' means the First Ladies National Historic
Site established by subsection (b)(3).
(B) Secretary.--The term ``Secretary''
means the Secretary of the Interior.
Sec. 146. (a) Contributions Toward Establishment of Abraham
Lincoln Interpretive Center.--
(1) Grants authorized.--Subject to subsections
(a)(2) and (a)(3), the Secretary of the Interior shall
make grants to contribute funds for the establishment
in Springfield, Illinois, of an interpretive center to
preserve and make available to the public materials
related to the life of President Abraham Lincoln and to
provide interpretive and educational services which
communicate the meaning of the life of Abraham Lincoln.
(2) Plan and design.--
(A) Submission.--Not later than 18 months
after the date of the enactment of this Act,
the entity selected by the Secretary of the
Interior to receive grants under subsection
(a)(1) shall submit to the Secretary a plan and
design for the interpretive center, including a
description of the following:
(i) The design of the facility and
site.
(ii) The method of acquisition.
(iii) The estimated cost of
acquisition, construction, operation,
and maintenance.
(iv) The manner and extent to which
non-Federal entities will participate
in the acquisition, construction,
operation, and maintenance of the
center.
(B) Consultation and cooperation.--The plan
and design for the interpretive center shall be
prepared in consultation with the Secretary of
the Interior and the Governor of Illinois and
in cooperation with such other public,
municipal, and private entities as the
Secretary considers appropriate.
(3) Conditions on grant.--
(A) Matching requirement.--A grant under
subsection (a)(1) may not be made until such
time as the entity selected to receive the
grant certifies to the Secretary of the
Interior that funds have been contributed by
the State of Illinois or raised from non-
Federal sources for use to establish the
interpretive center in an amount equal to at
least double the amount of that grant.
(B) Relation to other lincoln-related sites
and museums.--The Secretary of the Interior
shall further condition the grant under
subsection (a)(1) on the agreement of the grant
recipient to operate the resulting interpretive
center in cooperation with other Federal and
non-Federal historic sites, parks, and museums
that represent significant locations or events
in the life of Abraham Lincoln. Cooperative
efforts to promote and interpret the life of
Abraham Lincoln may include the use of
cooperative agreements, cross references, cross
promotion, and shared exhibits.
(4) Prohibition on contribution of operating
funds.--Grant amounts may not be used for the
maintenance or operation of the interpretive center.
(5) Non-federal operation.--The Secretary of the
Interior shall have no involvement in the actual
operation of the interpretive center, except at the
request of the non-Federal entity responsible for the
operation of the center.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of the Interior a total of
$50,000,000 to make grants under subsection (a)(1). Amounts so
appropriated shall remain available for expenditure through
fiscal year 2006.
Sec. 147. (a) Short Title.--This section may be cited as
the ``Palace of the Governors Annex Act''.
(b) Construction of Palace of the Governors Annex, Santa
Fe, New Mexico.--
(1) Findings.--Congress finds that--
(A) the United States has a rich legacy of
Hispanic influence in politics, government,
economic development, and cultural expression;
(B) the Palace of the Governors--
(i) has been the center of
administrative and cultural activity
over a vast region of the Southwest
since its construction as New Mexico's
second capitol in Santa Fe by Governor
Pedro de Peralta in 1610;
(ii) is the oldest continuously
occupied public building in the
continental United States, having been
occupied for 390 years; and
(iii) has been designated as a
National Historic Landmark;
(C) since its creation, the Museum of New
Mexico has worked to protect and promote
Southwestern, Hispanic, and Native American
arts and crafts;
(D) the Palace of the Governors houses the
history division of the Museum of New Mexico;
(E) the Museum has an extensive, priceless,
and irreplaceable collection of--
(i) Spanish Colonial paintings
(including the Segesser Hide Paintings,
paintings on buffalo hide dating back
to 1706);
(ii) pre-Columbian Art; and
(iii) historic artifacts,
including--
(I) helmets and armor worn
by the Don Juan de Onate
expedition conquistadors who
established the first capital
in the territory that is now
the United States, San Juan de
los Caballeros, in July 1598;
(II) the Vara Stick used to
measure land grants and other
real property boundaries in
Dona Ana County, New Mexico;
(III) the Columbus, New
Mexico Railway Station clock
that was shot, stopping the
pendulum, freezing for all
history the moment when Pancho
Villa's raid began;
(IV) the field desk of
Brigadier General Stephen Watts
Kearny, who was posted to New
Mexico during the Mexican War
and whose Army of the West
traveled the Santa Fe trail to
occupy the territories of New
Mexico and California; and
(V) more than 800,000 other
historic photographs, guns,
costumes, maps, books, and
handicrafts;
(F) the Palace of the Governors and its
contents are included in the Mary C. Skaggs
Centennial Collection of America's Treasures;
(G) the Palace of the Governors and the
Segesser Hide paintings have been declared
national treasures by the National Trust for
Historic Preservation; and
(H) time is of the essence in the
construction of an annex to the Palace of the
Governors for the exhibition and storing of the
collection described in paragraph (E),
because--
(i) the existing facilities for
exhibiting and storing the collection
are so inadequate and unsuitable that
existence of the collection is
endangered and its preservation is in
jeopardy; and
(ii) 2010 marks the 400th
anniversary of the continuous
occupation and use of the Palace of the
Governors and is an appropriate date
for ensuring the continued viability of
the collection.
(2) Definitions.--In this section:
(A) Annex.--The term ``Annex'' means the
annex for the Palace of the Governors of the
Museum of New Mexico, to be constructed behind
the Palace of the Governors building at 110
Lincoln Avenue, Santa Fe, New Mexico.
(B) Office.--The term ``Office'' means the
State Office of Cultural Affairs.
(C) Secretary.--The term ``Secretary''
means the Secretary of the Interior.
(D) State.--The term ``State'' means the
State of New Mexico.
(3) Grant.--
(A) In general.--Subject to the
availability of appropriations, the Secretary
shall make a grant to the Office to pay 50
percent of the costs of the final design,
construction, management, inspection,
furnishing, and equipping of the Annex.
(B) Requirements.--Subject to the
availability of appropriations, to receive a
grant under this paragraph (A), the Office
shall--
(i) submit to the Secretary a copy
of the architectural blueprints for the
Annex; and
(ii) enter into a memorandum of
understanding with the Secretary under
subsection (b)(4).
(4) Memorandum of understanding.--At the request of
the Office, the Secretary shall enter into a memorandum
of understanding with the Office that--
(A) requires that the Office award the
contract for construction of the Annex after a
competitive bidding process and in accordance
with the New Mexico Procurement Code; and
(B) specifies a date for completion of the
Annex.
(5) Non-federal share.--The non-Federal share of
the costs of the final design, construction,
management, inspection, furnishing, and equipping of
the Annex--
(A) may be in cash or in kind fairly
evaluated, including land, art and artifact
collections, plant, equipment, or services; and
(B) shall include any contribution received
by the State (including contributions from the
New Mexico Foundation and other endowment
funds) for, and any expenditure made by the
State for, the Palace of the Governors or the
Annex, including--
(i) design;
(ii) land acquisition (including
the land at 110 Lincoln Avenue, Santa
Fe, New Mexico);
(iii) acquisitions for and
renovation of the library;
(iv) conservation of the Palace of
the Governors;
(v) construction, management,
inspection, furnishing, and equipping
of the Annex; and
(vi) donations of art collections
and artifacts to the Museum of New
Mexico on or after the date of
enactment of this section.
(6) Use of funds.--The funds received under a grant
awarded under subsection (b)(3) shall be used only for
the final design, construction, management, inspection,
furnishing and equipment of the Annex.
(7) Authorization of appropriations.--
(A) In general.--Subject to paragraph (B),
subject to the availability of appropriations,
there is authorized to be appropriated to the
Secretary to carry out this section
$15,000,000, to remain available until
expended.
(B) Condition.--Paragraph (A) authorizes
sums to be appropriated on the condition that--
(i) after the date of enactment of
this section and before January 1,
2010, the State appropriate at least
$8,000,000 to pay the costs of the
final design, construction, management,
inspection, furnishing, and equipping
of the Annex; and
(ii) other non-Federal sources
provide sufficient funds to pay the
remainder of the 50 percent non-Federal
share of those costs.
Sec. 148. (a) Section 104 of the Act entitled ``An Act to
establish in the Department of the Interior the Southwestern
Pennsylvania Heritage Preservation Commission, and for other
purposes'', approved November 19, 1988 (Public Law 100-698) is
amended--
(1) in the flush material at the end of subsection
(a), by striking ``10 years'' and inserting ``20
years''; and
(2) in subsection (e), by striking ``10 years'' and
inserting ``20 years''.
(b) Authorization of Appropriations.--Section 105 of the
Act entitled ``An Act to establish in the Department of the
Interior the Southwestern Pennsylvania Heritage Preservation
Commission, and for other purposes'', approved November 19,
1988 (Public Law 100-698) is amended by inserting ``for each of
fiscal years 2001 through 2010'' after ``$3,000,000''.
(c) Effective Date.--The amendment made by section 1 shall
be deemed to have taken effect on November 18, 1998.
Sec. 149. Redesignation of Cuyahoga Valley National
Recreation Area as Cuyahoga Valley National Park. (a)
Redesignation.--The Cuyahoga Valley National Recreation Area is
redesignated as Cuyahoga Valley National Park.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Cuyahoga Valley National Recreation Area is deemed to be a
reference to Cuyahoga Valley National Park.
(c) Conforming Amendments.--The Act entitled ``An Act to
provide for the establishment of the Cuyahoga Valley National
Recreation Area'' (Public Law 93-555; 16 U.S.C. 460ff et seq.),
approved December 27, 1974, is amended--
(1) in section 1 by striking ``National Recreation
Area'' and inserting ``National Park''; and
(2) by striking ``recreation area'' each place it
appears and inserting ``park''.
(d) Clerical Amendments.--Section 5 of such Act (16 U.S.C.
460ff-4) is repealed, and section 6 of such Act (16 U.S.C.
460ff-5) is redesignated as section 5.
Sec. 150. (a) Short Title.--This section may be cited as
the ``National Underground Railroad Freedom Center Act''.
(b) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) the National Underground Railroad
Freedom Center (hereinafter ``Freedom Center'')
is a nonprofit organization incorporated under
the laws of the State of Ohio in 1995;
(B) the objectives of the Freedom Center
are to interpret the history of the Underground
Railroad through development of a national
cultural institution in Cincinnati, Ohio, that
will house an interpretive center, including
museum, educational, and research facilities,
all dedicated to communicating to the public
the importance of the quest for human freedom
which provided the foundation for the historic
and inspiring story of the Underground
Railroad;
(C) the city of Cincinnati has granted
exclusive development rights for a prime
riverfront location to the Freedom Center;
(D) the Freedom Center will be a national
center linked through state-of-the-art
technology to Underground Railroad sites and
facilities throughout the United States and to
a constituency that reaches across the United
States, Canada, Mexico, the Caribbean and
beyond; and
(E) the Freedom Center has reached an
agreement with the National Park Service to
pursue a range of historical and educational
cooperative activities related to the
Underground Railroad, including but not limited
to assisting the National Park Service in the
implementation of the National Underground
Railroad Network to Freedom Act.
(2) Purposes.--The purposes of this section are--
(A) to promote preservation and public
awareness of the history of the Underground
Railroad;
(B) to assist the Freedom Center in the
development of its programs and facilities in
Cincinnati, Ohio; and
(C) to assist the National Park Service in
the implementation of the National Underground
Railroad Network to Freedom Act (112 Stat. 679;
16 U.S.C. 469l and following).
(c) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(2) Project budget.--The term ``project budget''
means the total amount of funds expended by the Freedom
Center on construction of its facility, development of
its programs and exhibits, research, collection of
informative and educational activities related to the
history of the Underground Railroad, and any
administrative activities necessary to the operation of
the Freedom Center, prior to the opening of the Freedom
Center facility in Cincinnati, Ohio.
(3) Federal share.--The term ``Federal share''
means an amount not to exceed 20 percent of the project
budget and shall include all amounts received from the
Federal Government under this legislation and any other
Federal programs.
(4) Non-federal share.--The term ``non-Federal
share'' means all amounts obtained by the Freedom
Center for the implementation of its facilities and
programs from any source other than the Federal
Government, and shall not be less than 80 percent of
the project budget.
(5) The freedom center facility.--The term ``the
Freedom Center facility'' means the facility, including
the building and surrounding site, which will house the
museum and research institute to be constructed and
developed in Cincinnati, Ohio, on the site described in
subsection (d)(3).
(d) Authorization of Appropriations.--
(1) Program authorized.--From sums appropriated
pursuant to the authority of subsection (d)(4) in any
fiscal year, the Secretary is authorized and directed
to provide financial assistance to the Freedom Center,
in order to pay the Federal share of the cost of
authorized activities described in subsection (e).
(2) Expenditure on non-federal property.--The
Secretary is authorized to expend appropriated funds
under subsection (d)(1) of this section to assist in
the construction of the Freedom Center facility and the
development of programs and exhibits for that facility
which will be funded primarily through private and non-
Federal funds, on property owned by the city of
Cincinnati, Hamilton County, and the State of Ohio.
(3) Description of the freedom center facility
site.--The facility referred to in subsections (d)(1)
and (d)(2) will be located on a site described as
follows: a 2-block area south of new South Second, west
of Walnut Street, north of relocated Theodore M. Berry
Way, and east of Vine Street in Cincinnati, Ohio.
(4) Authorization of appropriations.--There are
authorized to be appropriated $16,000,000 for the 4
fiscal year period beginning October 1, 1999. Funds not
to exceed that total amount may be appropriated in 1 or
more of such fiscal years. Funds shall not be disbursed
until the Freedom Center has commitments for a minimum
of 50 percent of the non-Federal share.
(5) Availability of funds.--Notwithstanding any
other provision of law, funds appropriated to carry out
the provisions of this section shall remain available
for obligation and expenditure until the end of the
fiscal year succeeding the fiscal year for which the
funds were appropriated.
(6) Other provisions.--Any grant made under this
section shall provide that--
(A) no change or alteration may be made in
the Freedom Center facility except with the
agreement of the property owner and the
Secretary;
(B) the Secretary shall have the right of
access at reasonable times to the public
portions of the Freedom Center facility for
interpretive and other purposes; and
(C) conversion, use, or disposal of the
Freedom Center facility for purposes contrary
to the purposes of this section, as determined
by the Secretary, shall result in a right of
the United States to compensation equal to the
greater of--
(i) all Federal funds made
available to the grantee under this
section; or
(ii) the proportion of the
increased value of the Freedom Center
facility attributable to such funds, as
determined at the time of such
conversion, use, or disposal.
(e) Authorized Activities.--
(1) In general.--The Freedom Center may engage in
any activity related to its objectives addressed in
subsection (b)(1), including, but not limited to,
construction of the Freedom Center facility,
development of programs and exhibits related to the
history of the Underground Railroad, research,
collection of information and artifacts and educational
activities related to the history of the Underground
Railroad, and any administrative activities necessary
to the operation of the Freedom Center.
(2) Priorities.--The Freedom Center shall give
priority to--
(A) construction of the Freedom Center
facility;
(B) development of programs and exhibits to
be presented in or from the Freedom Center
facility; and
(C) providing assistance to the National
Park Service in the implementation of the
National Underground Railroad Network to
Freedom Act (16 U.S.C. 469l).
(f) Application.--
(1) In General.--The Freedom Center shall submit an
application to the Secretary at such time, in such
manner, and containing or accompanied by such
information as the Secretary may reasonably require.
Each application shall--
(A) describe the activities for which
assistance is sought;
(B) provide assurances that the non-Federal
share of the cost of activities of the Freedom
Center shall be paid from non-Federal sources,
together with an accounting of costs expended
by the Freedom Center to date, a budget of
costs to be incurred prior to the opening of
the Freedom Center facility, an accounting of
funds raised to date, both Federal and non-
Federal, and a projection of funds to be raised
through the completion of the Freedom Center
facility.
(2) Approval.--The Secretary shall approve the
application submitted pursuant to subsection (f)(1)
unless such application fails to comply with the
provisions of this section.
(g) Reports.--The Freedom Center shall submit an annual
report to the appropriate committees of the Congress not later
than January 31, 2000, and each succeeding year thereafter for
any fiscal year in which Federal funds are expended pursuant to
this section. The report shall--
(1) include a financial statement addressing the
Freedom Center's costs incurred to date and projected
costs, and funds raised to date and projected
fundraising goals;
(2) include a comprehensive and detailed
description of the Freedom Center's activities for the
preceding and succeeding fiscal years; and
(3) include a description of the activities taken
to assure compliance with this section.
(h) Amendment to the National Underground Railroad Network
to Freedom Act of 1998.--The National Underground Railroad
Network to Freedom Act of 1998 (112 Stat. 679; 16 U.S.C. 469l
and following) is amended by adding at the end the following:
``SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES.
``(a) Authority to Make Grants.--The Secretary of the
Interior may make grants in accordance with this section for
the preservation and restoration of historic buildings or
structures associated with the Underground Railroad, and for
related research and documentation to sites, programs, or
facilities that have been included in the national network.
``(b) Grant Conditions.--Any grant made under this section
shall provide that--
``(1) no change or alteration may be made in
property for which the grant is used except with the
agreement of the property owner and the Secretary;
``(2) the Secretary shall have the right of access
at reasonable times to the public portions of such
property for interpretive and other purposes; and
``(3) conversion, use, or disposal of such property
for purposes contrary to the purposes of this Act, as
determined by the Secretary, shall result in a right of
the United States to compensation equal to all Federal
funds made available to the grantee under this Act.
``(c) Matching Requirement.--The Secretary may obligate
funds made available for a grant under this section only if the
grantee agrees to match, from funds derived from non-Federal
sources, the amount of the grant with an amount that is equal
to or greater than the grant. The Secretary may waive the
requirement of the preceding sentence with respect to a grant
if the Secretary determines that an extreme emergency exists or
that such a waiver is in the public interest to assure the
preservation of historically significant resources.
``(d) Funding.--There are authorized to be appropriated to
the Secretary for purposes of this section $2,500,000 for
fiscal year 2001 and each subsequent fiscal year. Amounts
authorized but not appropriated in a fiscal year shall be
available for appropriation in subsequent fiscal years.''.
Sec. 151. Priority Abandoned Mine and Acid Mine
Remediation. For expenses necessary to reclaim abandoned coal
mine sites and for acid mine drainage remediation caused by
past coal mining practices in the anthracite region of
Pennsylvania and other purposes consistent with title IV of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, as amended, to be granted to the Commonwealth of
Pennsylvania in addition to the amount granted under sections
402(g)(1) and 402(g)(5) of the Surface Mining Control and
Reclamation Act, $12,600,000, to be derived from funds pursuant
to section 402(g)(2) of the Surface Mining Control and
Reclamation Act, to remain available until expended: Provided,
That of these funds, $600,000 will be specifically used to
continue a demonstration project funded in Public Law 106-113,
in accordance with section 401(c)(6) of the Act to determine
the efficacy of improving water quality by removing metals from
eligible waters polluted by acid mine drainage.
Sec. 152. Notwithstanding any other provision of law, from
the unobligated balances derived from the Land and Water
Conservation Fund appropriated in fiscal year 2000 for
acquisition of land at Nisqually National Wildlife Refuge
(Black River), $850,000, together with other sums as may become
available, is for the Nisqually Indian Tribe to acquire the fee
title to the Kenneth W. Braget farm under the terms and
conditions of the existing Purchase and Sale Agreement. The
Nisqually Indian Tribe shall enter into a 25 year cooperative
agreement/renewable lease with the U.S. Fish and Wildlife
Service to manage those lands within the approved refuge
boundary as part of the Nisqually National Wildlife Refuge.
Such lands within the approved refuge boundary shall be managed
in perpetuity for refuge purposes.
Sec. 153. Tribal School Construction Demonstration Program.
(a) Definitions.--In this section:
(1) Construction.--The term ``construction'', with
respect to a tribally controlled school, includes the
construction or renovation of that school.
(2) Indian tribe.--The term ``Indian tribe'' has
the meaning given that term in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)).
(3) Secretary.--The term ``secretary'' means the
Secretary of the Interior.
(4) Tribally controlled school.--The term
``tribally controlled school'' has the meaning given
that term in section 5212 of the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2511).
(5) Department.--The term ``Department'' means the
Department of the Interior.
(6) Demonstration program.--The term
``demonstration program'' means the Tribal School
Construction Demonstration Program.
(b) In General.--The Secretary shall carry out a
demonstration program to provide grants to Indian tribes for
the construction of tribally controlled schools.
(1) In general.--Subject to the availability of
appropriations, in carrying out the demonstration
program under subsection (b), the Secretary shall award
a grant to each Indian tribe that submits an
application that is approved by the Secretary under
paragraph (2). The Secretary shall ensure that an
eligible Indian tribe currently on the Department's
priority list for constructing of replacement
educational facilities receives the highest priority
for a grant under this section.
(2) Grant applications.--An application for a grant
under the section shall--
(A) include a proposal for the construction
of a tribally controlled school of the Indian
tribe that submits the application; and
(B) be in such form as the Secretary
determines appropriate.
(3) Grant agreement.--As a condition to receiving a
grant under this section, the Indian tribe shall enter
into an agreement with the Secretary that specifies--
(A) the costs of construction under the
grant;
(B) that the Indian tribe shall be required
to contribute towards the cost of the
construction a tribal share equal to 50 percent
of the costs; and
(C) any other term or condition that the
Secretary determines to be appropriate.
(4) Eligibility.--Grants awarded under the
demonstration program shall only be for construction on
replacement tribally controlled schools.
(c) Effect of Grant.--A grant received under this section
shall be in addition to any other funds received by an Indian
tribe under any other provision of law. The receipt of a grant
under this section shall not affect the eligibility of an
Indian tribe receiving funding, or the amount of funding
received by the Indian tribe, under the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.) or the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.).
Sec. 154. White River Oil Shale Mine, Utah. (a) Sale.--The
Administrator of General Services (referred to in this section
as the ``Administrator'') shall sell all right, title, and
interest of the United States in and to the improvements and
equipment described in subsection (b) that are situated on the
land described in subsection (c) (referred to in this section
as the ``Mine'').
(b) Description of Improvements and equipment.-- The
improvements and equipment referred to in subsection (a) are
the following improvements and equipment associated with the
Mine:
(1) Mine Service Building.
(2) Sewage Treatment Building.
(3) Electrical Switchgear Building.
(4) Water Treatment Building/Plant.
(5) Ventilation/Fan Building.
(6) Water Storage Tanks.
(7) Mine Hoist Cage and Headframe.
(8) Miscellaneous Mine-related equipment.
(c) Description of Land.--The land referred to in
subsection (a) is the land located in Uintah County, Utah,
known as the ``White River Oil Shale Mine'' and described as
follows:
(1) T. 10 S., R 24 E., Salt Lake Meridian, sections
12 through 14, 19 through 30, 33, and 34.
(2) T. 10 S., R. 25 E., Salt Lake Meridian,
sections 18 and 19.
(d) Use of Proceeds.--The proceeds of the sale under
subsection (a)--
(1) shall be deposited in a special account in the
Treasury of the United States; and
(2) shall be available until expended, without
further Act of appropriation--
(A) first, to reimburse the Administrator
for the direct costs of the sale; and
(B) second, to reimburse the Bureau of Land
Management Utah State Office for the costs of
closing and rehabilitating the Mine.
(e) Mine Closure and Rehabilitation.--The closing and
rehabilitation of the Mine (including closing of the mine
shafts, site grading, and surface revegetation) shall be
conducted in accordance with--
(1) the regulatory requirements of the State of
Utah, the Mine Safety and Health Administration, and
the Occupational Safety and Health Administration; and
(2) other applicable law.
Sec. 155. Blue Ridge Parkway. (a) The Blue Ridge Parkway
headquarters building located at 199 Hemphill Knob in
Asheville, North Carolina, shall be known and designated as the
``Gary E. Everhardt Headquarters Building''.
(b) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the headquarters
building referred to in subsection (a) shall be deemed to be a
reference to the ``Gary E. Everhardt Headquarters Building''.
Sec. 156. None of the funds in this Act or any other Act
shall be used, by the Secretary of the Interior to promulgate
final rules to revise 43 C.F.R. subpart 3809, except that the
Secretary, following the public comment period required by
section 3002 of Public Law 106-31, may issue final rules to
amend 43 C.F.R. subpart 3809 which are not inconsistent with
the recommendations contained in the National Research Council
report entitled ``Hardrock Mining on Federal Lands'' so long as
these regulations are also not inconsistent with existing
statutory authorities. Nothing in this section shall be
construed to expand the existing statutory authority of the
Secretary.
Sec. 157. (a) Short Title.--This section may be cited as
the ``Wheeling National Heritage Area Act of 2000''.
(b) Findings and Purposes.--
(1) Findings.--The Congress finds that--
(A) the area in an around Wheeling, West
Virginia, possesses important historical,
cultural, and natural resources, representing
major heritage themes of transportation,
commerce and industry, and Victorian culture in
the United States;
(B) the City of Wheeling has played an
important part in the settlement of this
country by serving as--
(i) the western terminus of the
National Road of the early 1800's;
(ii) the ``Crossroads of America''
throughout the nineteenth century;
(iii) one of the few major inland
ports in the nineteenth century; and
(iv) the site for the establishment
of the Restored State of Virginia, and
later the State of West Virginia,
during the Civil War and as the first
capital of the new State of West
Virginia;
(C) the City of Wheeling has also played an
important role in the industrial and commercial
heritage of the United States, through the
development and maintenance of many industries
crucial to the Nation's expansion, including
iron and steel, textile manufacturing, boat
building, glass manufacturing, and stogie and
chewing tobacco manufacturing facilities, many
of which are industries that continue to play
an important role in the national economy;
(D) the city of Wheeling has retained its
national heritage themes with the designations
of the old custom house (now Independence Hall)
and the historic suspension bridge as National
Historic Landmarks; with five historic
districts; and many individual properties in
the Wheeling area listed or eligible for
nomination to the National Register of Historic
Places;
(E) the heritage themes and number and
diversity of Wheeling's remaining resources
should be appropriately retained, enhanced, and
interpreted for the education, benefit, and
inspiration of the people of the United States;
and
(F) in 1992 a comprehensive plan for the
development and administration of the Wheeling
National Heritage Area was completed for the
National Park Service, the City of Wheeling,
and the Wheeling National Task Force,
including--
(i) an inventory of the national
and cultural resources in the City of
Wheeling;
(ii) criteria for preserving and
interpreting significant natural and
historic resources;
(iii) a strategy for the
conservation, preservation, and reuse
of the historical and cultural
resources in the City of Wheeling and
the surrounding region; and
(iv) an implementation agenda by
which the State of West Virginia and
local governments can coordinate their
resources as well as a complete
description of the management entity
responsible for implementing the
comprehensive plan.
(2) Purposes.--The purposes of this section are--
(A) to recognize the special importance of
the history and development of the Wheeling
area in the cultural heritage of the Nation;
(B) to provide a framework to assist the
City of Wheeling and other public and private
entities and individuals in the appropriate
preservation, enhancement, and interpretation
of significant resources in the Wheeling area
emblematic of Wheeling's contributions to the
Nation's cultural heritage;
(C) to allow for limited Federal, State and
local capital contributions for planning and
infrastructure investments to complete the
Wheeling National Heritage Area, in partnership
with the State of West Virginia, the City of
Wheeling, and other appropriate public and
private entities; and
(D) to provide for an economically self-
sustaining National Heritage Area not dependent
on Federal financial assistance beyond the
initial years necessary to establish the
heritage area.
(c) Definitions.--As used in this section--
(1) the term ``city'' means the City of Wheeling;
(2) the term ``heritage area'' means the Wheeling
National Heritage Area established in subsection (d);
(3) the term ``plan'' means the ``Plan for the
Wheeling National Heritage Area'' dated August, 1992;
(4) the term ``Secretary'' means the Secretary of
the Interior; and
(5) the term ``State'' means the State of West
Virginia.
(d) Wheeling National Heritage Area.--
(1) Establishment.--In furtherance of the purposes
of this section, there is established in the State of
West Virginia the Wheeling National Heritage Area, as
generally depicted on the map entitled ``Boundary Map,
Wheeling National Heritage Area, Wheeling, West
Virginia'' and dated March, 1994. The map shall be on
file and available for public inspection in the
appropriate offices of the National Park Service.
(2) Management entity.--
(A) The management entity for the heritage
area shall be the Wheeling National Heritage
Corporation, a non-profit corporation chartered
in the State of West Virginia.
(B) To the extent consistent with this
section, the management entity shall manage the
heritage area in accordance with the plan.
(e) Duties of the Management Entity.--
(1) Mission.--
(A) The primary mission of the management
entity shall be--
(i) to implement and coordinate the
recommendations contained in the plan;
(ii) ensure integrated operation of
the heritage area; and
(iii) conserve and interpret the
historic and cultural resources of the
heritage area.
(B) The management entity shall also direct
and coordinate the diverse conservation,
development, programming, educational, and
interpretive activities within the heritage
area.
(2) Recognition of plan.--The management entity
shall work with the State of West Virginia and local
governments to ensure that the plan is formally adopted
by the City and recognized by the State.
(3) Implementation.--To the extent practicable, the
management entity shall--
(A) implement the recommendations contained
in the plan in a timely manner pursuant to the
schedule identified in the plan;
(B) coordinate its activities with the
City, the State, and the Secretary;
(C) ensure the conservation and
interpretation of the heritage area's
historical, cultural, and natural resources,
including--
(i) assisting the City and the
State in the preservation of sites,
buildings, and objects within the
heritage area which are listed or
eligible for listing on the National
Register of Historic Places;
(ii) assisting the City, the State,
or a nonprofit organization in the
restoration of any historic building in
the heritage area;
(iii) increasing public awareness
of and appreciation for the natural,
cultural, and historic resources of the
heritage area;
(iv) assisting the State or City in
designing, establishing, and
maintaining appropriate interpretive
facilities and exhibits in the heritage
area;
(v) assisting in the enhancement of
public awareness and appreciation for
the historical, archaeological, and
geologic resources and sites in the
heritage area; and
(vi) encouraging the City and other
local governments to adopt land use
policies consistent with the goals of
the plan, and to take actions to
implement those policies;
(D) encourage intergovernmental cooperation
in the achievement of these objectives;
(E) develop recommendations for design
standards within the heritage area; and
(F) seek to create public-private
partnerships to finance projects and
initiatives within the heritage area.
(4) Authorities.--The management entity may, for
the purposes of implementing the plan, use Federal
funds made available by this section to--
(A) make grants to the State, City, or
other appropriate public or private
organizations, entities, or persons;
(B) enter into cooperative agreements with,
or provide technical assistance to Federal
agencies, the State, City or other appropriate
public or private organizations, entities, or
persons;
(C) hire and compensate such staff as the
management entity deems necessary;
(D) obtain money from any source under any
program or law requiring the recipient of such
money to make a contribution in order to
receive such money;
(E) spend funds on promotion and marketing
consistent with the resources and associated
values of the heritage area in order to promote
increased visitation; and
(F) contract for goods and services.
(5) Acquisition of real property.--
(A) Except as provided in paragraph (B),
the management entity may not acquire any real
property or interest therein within the
heritage area, other than the leasing of
facilities.
(B)(i) Subject to subparagraph (ii), the
management entity may acquire real property, or
an interest therein, within the heritage area
by gift or devise, or by purchase from a
willing seller with money which was donated,
bequeathed, appropriated, or otherwise made
available to the management entity on the
condition that such money be used to purchase
real property, or interest therein, within the
heritage area.
(ii) Any real property or interest therein
acquired by the management entity pursuant to
this paragraph shall be conveyed in perpetuity
by the management entity to an appropriate
public or private entity, as determined by the
management entity. Any such conveyance shall be
made as soon as practicable after acquisition,
without consideration, and on the condition
that the real property or interest therein so
conveyed shall be used for public purposes.
(6) Revision of plan.--Within 18 months after the
date of enactment, the management entity shall submit
to the Secretary a revised plan. Such revision shall
include, but not be limited to--
(A) a review of the implementation agenda
for the heritage area;
(B) projected capital costs; and
(C) plans for partnership initiatives and
expansion of community support.
(f) Duties of the Secretary.--
(1) Interpretive support.--The Secretary may, upon
request of the management entity, provide appropriate
interpretive, planning, educational, staffing,
exhibits, and other material or support for the
heritage area, consistent with the plan and as
appropriate to the resources and associated values of
the heritage area.
(2) Technical assistance.--The Secretary may upon
request of the management entity and consistent with
the plan, provide technical assistance to the
management entity.
(3) Cooperative agreements and grants.--The
Secretary may, in consultation with the management
entity and consistent with the management plan, make
grants to, and enter into cooperative agreements with
the management entity, the State, City, non-profit
organization or any person.
(4) Plan amendments.--No amendments to the plan may
be made unless approved by the Secretary. The Secretary
shall consult with the management entity in reviewing
any proposed amendments.
(g) Duties of Other Federal Agencies.--Any Federal
department, agency, or other entity conducting or supporting
activities directly affecting the heritage area shall--
(1) consult with the Secretary and the management
entity with respect to such activities.
(2) cooperate with the Secretary and the management
entity in carrying out their duties under this Act, and
to the extent practicable, coordinate such activities
directly with the duties of the Secretary and the
management entity.
(3) to the extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the
heritage area.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this section $10,000,000,
except that not more than $1,000,000 may be
appropriated to carry out this section for any fiscal
year.
(2) Matching funds.--Federal funding provided under
this section shall be matched at least 25 percent by
other funds or in-kind services.
(i) Sunset.--The Secretary may not make any grant or
provide any assistance under this section after September 30,
2015.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $229,616,000, to remain available until
expended.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
cooperative forestry, and education and land conservation
activities and conducting an international program as
authorized, $238,455,000, to remain available until expended,
as authorized by law: Provided, That none of the funds made
available by this Act shall be used for the urban resources
partnership program.
For an additional amount to cover necessary expenses for
emergency pest management and forest health activities on
Federal, State and private lands, $12,500,000, to remain
available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
these funds shall be available only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount as an emergency
requirement as defined by such Act, is transmitted by the
President to the Congress.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,280,693,000, to
remain available until expended, which shall include 50 percent
of all moneys received during prior fiscal years as fees
collected under the Land and Water Conservation Fund Act of
1965, as amended, in accordance with section 4 of the Act (16
U.S.C. 460l-6a(i)), of which not less than an additional
$500,000 shall be available for use for law enforcement
purposes in the national forest that, during calendar year
2000, had both the greatest number of methamphetamine dumps and
the greatest number of methamphetamine laboratory law
enforcement actions in the National Forest System, and of which
not less than an additional $500,000 shall be available for law
enforcement purposes on the Pisgah and Nantahala National
Forests, and of which for the purpose of implementing the
Valles Caldera Preservation Act, $990,000, to remain available
until expended, shall be available to the Secretary for the
management of the Valles Caldera National Preserve: Provided,
That any remaining balances available for implementing the
Valles Caldera Preservation Act be provided to the Valles
Caldera Trust upon its assumption of the management of the
Preserve: Provided further, That notwithstanding the
limitations of 107(e)(2) of the Valles Caldera Preservation Act
(Public Law 106-248), for fiscal years 2001 and 2002, the
members of the Board of Trustees of the Valles Caldera Trust
may receive, upon request, compensation for each day (including
travel time) that they are engaged in the performance of the
functions of the Board. Compensation shall not exceed the daily
equivalent of the annual rate in effect for members of the
Senior Executive Service at the ES-1 level, and shall be in
addition to any reimbursement for travel, subsistence and other
necessary expenses incurred by them in the performance of their
duties. Members of the Board who are officers or employees of
the United States shall not receive any additional compensation
by reason of service on the Board: Provided further, That
unobligated balances available at the start of fiscal year 2001
shall be displayed by extended budget line item in the fiscal
year 2002 budget justification: Provided further, That of the
amount available for vegetation and watershed management, the
Secretary may authorize the expenditure or transfer of such
sums as necessary to the Department of the Interior, Bureau of
Land Management for removal, preparation, and adoption of
excess wild horses and burros from National Forest System
lands: Provided further, That $5,000,000 shall be allocated to
the Alaska Region, in addition to its normal allocation for the
purposes of preparing additional timber for sale, to establish
a 3-year timber supply and such funds may be transferred to
other appropriations accounts as necessary to maximize
accomplishment: Provided further, That of the funds provided
for Forest Products, $700,000 shall be provided to the State of
Alaska for monitoring activities at Forest Service log transfer
facilities, in the form of an advance, direct lump sum payment.
wildland fire management
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency fire
suppression on or adjacent to such lands or other lands under
fire protection agreement, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$839,129,000, to remain available until expended: Provided,
That such funds are available for repayment of advances from
other appropriations accounts previously transferred for such
purposes: Provided further, That not less than 50 percent of
any unobligated balances remaining (exclusive of amounts for
hazardous fuels reduction) at the end of fiscal year 2000 shall
be transferred, as repayment for post advances that have not
been repaid, to the fund established pursuant to section 3 of
Public Law 71-319 (16 U.S.C. 576 et seq.): Provided further,
That notwithstanding any other provision of law, up to
$8,600,000 of funds appropriated under this appropriation may
be used for Fire Science Research in support of the Joint Fire
Science Program: Provided further, That all authorities for the
use of funds, including the use of contracts, grants, and
cooperative agreements, available to execute the Forest Service
and Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research.
For an additional amount to cover necessary expenses for
emergency rehabilitation, presuppression due to emergencies,
and wildfire suppression activities of the Forest Service,
$426,000,000, to remain available until expended: Provided,
That the entire amount is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That these funds shall be available
only to the extent an official budget request for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $468,568,000, to remain available until expended
for construction, reconstruction, maintenance and acquisition
of buildings and other facilities, and for construction,
reconstruction, repair and maintenance of forest roads and
trails by the Forest Service as authorized by 16 U.S.C. 532-538
and 23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of
the funds provided herein for road maintenance shall be
available for the decommissioning of roads, including
unauthorized roads not part of the transportation system, which
are no longer needed: Provided further, That no funds shall be
expended to decommission any system road until notice and an
opportunity for public comment has been provided on each
decommissioning project: Provided further, That any unobligated
balances of amounts previously appropriated to the Forest
Service ``Construction'', ``Reconstruction and Construction'',
or ``Reconstruction and Maintenance'' accounts as well as any
unobligated balances remaining in the ``National Forest
System'' account for the facility maintenance and trail
maintenance extended budget line items may be transferred to
and merged with the ``Capital Improvement and Maintenance''
account.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the Forest
Service, $102,205,000 to be derived from the Land and Water
Conservation Fund, to remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities
pursuant to the Act of December 4, 1967, as amended (16 U.S.C.
484a), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, as amended, to remain
available until expended, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (Public
Law 96-487), $5,500,000, to remain available until expended.
southeast alaska economic disaster fund
For purposes of the Southeast Alaska Economic Disaster Fund
as set forth in section 101(c) of Public Law 104-314, the
direct grants provided from the Fund shall be considered direct
payments for purposes of all applicable law except that these
direct grants may not be used for lobbying activities:
Provided, That a total of $5,000,000 is hereby appropriated and
shall be deposited into the Southeast Alaska Economic Disaster
Fund established pursuant to Public Law 104-134, as amended,
without further appropriation or fiscal year limitation. The
Secretary of Agriculture shall distribute these funds to the
City of Craig in fiscal year 2001.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of not to exceed 132
passenger motor vehicles of which 13 will be used primarily for
law enforcement purposes and of which 129 shall be for
replacement; acquisition of 25 passenger motor vehicles from
excess sources, and hire of such vehicles; operation and
maintenance of aircraft, the purchase of not to exceed six for
replacement only, and acquisition of sufficient aircraft from
excess sources to maintain the operable fleet at 192 aircraft
for use in Forest Service wildland fire programs and other
Forest Service programs; notwithstanding other provisions of
law, existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft; (2) services pursuant to 7
U.S.C. 2225, and not to exceed $100,000 for employment under 5
U.S.C. 3109; (3) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein, including
the Oscoda-Wurtsmith land exchange in Michigan, pursuant to 7
U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the
National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a
note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901-
5902; and (7) for debt collection contracts in accordance with
31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close
any regional office for National Forest System administration
of the Forest Service, Department of Agriculture without the
consent of the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions if and only if all previously appropriated emergency
contingent funds under the heading ``Wildland Fire Management''
have been released by the President and apportioned.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in connection
with forest and rangeland research, technical information, and
assistance in foreign countries, and shall be available to
support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and
cooperation with United States and international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the
proposed transfer is approved in advance by the House and
Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report No. 105-163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
procedures contained in House Report No. 105-163.
No funds appropriated to the Forest Service shall be
transferred to the Working Capital Fund of the Department of
Agriculture without the approval of the Chief of the Forest
Service.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps as authorized by
the Act of August 13, 1970, as amended by Public Law 93-408.
Of the funds available to the Forest Service, $1,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$2,250,000 may be advanced in a lump sum as Federal financial
assistance to the National Forest Foundation, without regard to
when the Foundation incurs expenses, for administrative
expenses or projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more
than $400,000 shall be available for administrative expenses:
Provided further, That the Foundation shall obtain, by the end
of the period of Federal financial assistance, private
contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the
Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds: Provided further, That
hereafter, the National Forest Foundation may hold Federal
funds made available but not immediately disbursed and may use
any interest or other investment income earned (before, on, or
after the date of the enactment of this Act) on Federal funds
to carry out the purposes of Public Law 101-593: Provided
further, That such investments may be made only in interest-
bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United
States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, and
may be advanced in a lump sum as Federal financial assistance,
without regard to when expenses are incurred, for projects on
or benefitting National Forest System lands or related to
Forest Service programs: Provided, That the Foundation shall
obtain, by the end of the period of Federal financial
assistance, private contributions to match on at least one-for-
one basis funds advanced by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a
non-Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of
the funds appropriated to the Forest Service in the ``National
Forest System'' and ``Capital Improvement and Maintenance''
accounts and planned to be allocated to activities under the
``Jobs in the Woods'' program for projects on National Forest
land in the State of Washington may be granted directly to the
Washington State Department of Fish and Wildlife for
accomplishment of planned projects. Twenty percent of said
funds shall be retained by the Forest Service for planning and
administering projects. Project selection and prioritization
shall be accomplished by the Forest Service with such
consultation with the State of Washington as the Forest Service
deems appropriate.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
The Secretary of Agriculture is authorized to enter into
grants, contracts, and cooperative agreements as appropriate
with the Pinchot Institute for Conservation, as well as with
public and other private agencies, organizations, institutions,
and individuals, to provide for the development,
administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers
National Historic Landmark: Provided, That, subject to such
terms and conditions as the Secretary of Agriculture may
prescribe, any such public or private agency, organization,
institution, or individual may solicit, accept, and administer
private gifts of money and real or personal property for the
benefit of, or in connection with, the activities and services
at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the
fact that a donor conducts business with the Department of
Agriculture in any capacity.
Funds appropriated to the Forest Service shall be
available, as determined by the Secretary, for payments to Del
Norte County, California, pursuant to sections 13(e) and 14 of
the Smith River National Recreation Area Act (Public Law 101-
612).
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters. Future
budget justifications for both the Forest Service and the
Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this
Act to any other agency or office of the department for more
than 30 days unless the individual's employing agency or office
is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of
assignment.
The Forest Service shall fund indirect expenses, that is
expenses not directly related to specific programs or to the
accomplishment of specific work on-the-ground, from any funds
available to the Forest Service: Provided, That the Forest
Service shall implement and adhere to the definitions of
indirect expenditures established pursuant to Public Law 105-
277 on a nationwide basis without flexibility for modification
by any organizational level except the Washington Office, and
when changed by the Washington Office, such changes in
definition shall be reported in budget requests submitted by
the Forest Service: Provided further, That the Forest Service
shall provide in all future budget justifications, planned
indirect expenditures in accordance with the definitions,
summarized and displayed to the Regional, Station, Area, and
detached unit office level. The justification shall display the
estimated source and amount of indirect expenditures, by
expanded budget line item, of funds in the agency's annual
budget justification. The display shall include appropriated
funds and the Knutson-Vandenberg, Brush Disposal, Cooperative
Work-Other, and Salvage Sale funds. Changes between estimated
and actual indirect expenditures shall be reported in
subsequent budget justifications: Provided, That during fiscal
year 2001 the Secretary shall limit total annual indirect
obligations from the Brush Disposal, Knutson-Vandenberg,
Reforestation, Salvage Sale, and Roads and Trails funds to 20
percent of the total obligations from each fund. Obligations in
excess of 20 percent which would otherwise be charged to the
above funds may be charged to appropriated funds available to
the Forest Service subject to notification of the Committees on
Appropriations of the House and Senate.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law
enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That such
amounts shall not exceed $750,000.
Section 551 of the Land Between the Lakes Protection Act of
1998 (16 U.S.C. 460lll-61) is amended by adding at the end the
following new subsection:
``(c) Transition.--Until September 30, 2002, the Secretary
of Agriculture may expend amounts appropriated or otherwise
made available to carry out this title in a manner consistent
with the authorities exercised by the Tennessee Valley
Authority, before the transfer of the Recreation Area to the
administrative jurisdiction of the Secretary, regarding
procurement of property, services, supplies, and equipment.''.
The Secretary of Agriculture shall pay $4,449 from
available funds to Joyce Liverca as reimbursement for various
expenses incurred as a Federal employee in connection with
certain high priority duties performed for the Forest Service.
The Secretary of Agriculture may authorize the sale of
excess buildings, facilities, and other properties owned by the
Forest Service and located on the Green Mountain National
Forest, the revenues of which shall be retained by the Forest
Service and available to the Secretary without further
appropriation and until expended for maintenance and
rehabilitation activities on the Green Mountain National
Forest.
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for
obligation in prior years, $67,000,000 shall not be available
until October 1, 2001: Provided, That funds made available in
previous appropriations Acts shall be available for any ongoing
project regardless of the separate request for proposal under
which the project was selected.
fossil energy research and development
(including transfers of funds)
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of the
Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for
plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning
the extraction, processing, use, and disposal of mineral
substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and
materials science programs at the Albany Research Center in
Oregon $540,653,000, to remain available until expended, of
which $12,000,000 for oil technology research shall be derived
by transfer from funds appropriated in prior years under the
heading ``Strategic Petroleum Reserve, SPR Petroleum Account''
and of which $95,000,000 shall be derived by transfer from
funds appropriated in prior years under the heading ``Clean
Coal Technology'', such funds to be available for a general
request for proposals for the commercial scale demonstration of
technologies to assure the reliability of the Nation's energy
supply from existing and new electric generating facilities for
which the Department of Energy upon review may provide
financial assistance awards: Provided, That the request for
proposals shall be issued no later than one hundred and twenty
days following enactment of this Act, proposals shall be
submitted no later than ninety days after the issuance of the
request for proposals, and the Department of Energy shall make
project selections no later than one hundred and sixty days
after the receipt of proposals: Provided further, That no funds
are to be obligated for selected proposals prior to September
30, 2001: Provided further, That funds provided shall be
expended only in accordance with the provisions governing the
use of funds contained under the heading under which they were
originally appropriated: Provided further, That provisions for
repayment of government contributions to individual projects
shall be identical to those included in the Program Opportunity
Notice (Solicitation Number DE-PS01-89FE 61825), issued by the
Department of Energy on May 1, 1989, except that repayments
from sale or licensing of technologies shall be from both
domestic and foreign transactions: Provided further, That such
repayments shall be deposited in this account to be retained
for future projects: Provided further, That any project
approved under this program shall be considered a Clean Coal
Technology Demonstration Project, for the purposes of Chapters
51, 52, and 60 of title 40 of the Code of Federal Regulations:
Provided further, That no part of the sum herein made available
shall be used for the field testing of nuclear explosives in
the recovery of oil and gas: Provided further, That up to 4
percent of program direction funds available to the National
Energy Technology Laboratory may be used to support Department
of Energy activities not included in this account.
alternative fuels production
(rescission)
Of the unobligated balances under this heading, $1,000,000
are rescinded.
naval petroleum and oil shale reserves
For expenses necessary to carry out engineering studies to
determine the cost of development, the predicted rate and
quantity of petroleum recovery, the methodology, and the
equipment specifications for development of Shannon Formation
at Naval Petroleum Reserve Numbered 3 (NPR-3), utilizing a
below-the-reservoir production method, $1,600,000, to remain
available until expended: Provided, That the requirements of 10
U.S.C. 7430(b)(2)(B) shall not apply to fiscal year 2001 and
any fiscal year thereafter: Provided further, That,
notwithstanding any other provision of law, unobligated funds
remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
elk hills school lands fund
For necessary expenses in fulfilling installment payments
under the Settlement Agreement entered into by the United
States and the State of California on October 11, 1996, as
authorized by section 3415 of Public Law 104-106, $36,000,000,
to become available on October 1, 2001 for payment to the State
of California for the State Teachers' Retirement Fund from the
Elk Hills School Lands Fund.
energy conservation
(including transfer of funds)
For necessary expenses in carrying out energy conservation
activities, $816,940,000, to remain available until expended,
of which $2,000,000 shall be derived by transfer from
unobligated balances in the Biomass Energy Development account:
Provided, That $191,000,000 shall be for use in energy
conservation programs as defined in section 3008(3) of Public
Law 99-509 (15 U.S.C. 4507): Provided further, That
notwithstanding section 3003(d)(2) of Public Law 99-509, such
sums shall be allocated to the eligible programs as follows:
$153,000,000 for weatherization assistance grants and
$38,000,000 for State energy conservation grants: Provided
further, That notwithstanding any other provision of law, the
Secretary of Energy may waive up to fifty percent of the cost-
sharing requirement for weatherization assistance provided for
by Public Law 106-113 for a State which he finds to be
experiencing fiscal hardship or major changes in energy markets
or suppliers or other temporary limitations on its ability to
provide matching funds, provided that the State is demonstrably
engaged in continuing activities to secure non-federal
resources and that such waiver is limited to one fiscal year
and that no state may be granted such waiver more than twice:
Provided further, That, hereafter, Indian tribal direct
grantees of weatherization assistance shall not be required to
provide matching funds.
economic regulation
For necessary expenses in carrying out the activities of
the Office of Hearings and Appeals, $2,000,000, to remain
available until expended.
strategic petroleum reserve
(including transfer of funds)
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
of 1975, as amended (42 U.S.C. 6201 et seq.), $165,000,000, to
remain available until expended, of which $4,000,000 shall be
derived by transfer of unobligated balances of funds previously
appropriated under the heading ``SPR Petroleum Account'', and
of which $8,000,000 shall be available for maintenance of a
Northeast Home Heating Oil Reserve.
energy information administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $75,675,000, to remain
available until expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year
shall be available for hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase, repair, and
cleaning of uniforms; and reimbursement to the General Services
Administration for security guard services.
From appropriations under this Act, transfers of sums may
be made to other agencies of the Government for the performance
of work for which the appropriation is made.
None of the funds made available to the Department of
Energy under this Act shall be used to implement or finance
authorized price support or loan guarantee programs unless
specific provision is made for such programs in an
appropriations Act.
The Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private
sources and to prosecute projects in cooperation with other
agencies, Federal, State, private or foreign: Provided, That
revenues and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of products
in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to
be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or
agreements: Provided further, That the remainder of revenues
after the making of such payments shall be covered into the
Treasury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by the
Secretary pursuant to this authority shall not be executed
prior to the expiration of 30 calendar days (not including any
day in which either House of Congress is not in session because
of adjournment of more than three calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full
comprehensive report on such project, including the facts and
circumstances relied upon in support of the proposed project.
No funds provided in this Act may be expended by the
Department of Energy to prepare, issue, or process procurement
documents for programs or projects for which appropriations
have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and
private sources, to be deposited in a contributed funds
account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian Health
Service, $2,240,658,000, together with payments received during
the fiscal year pursuant to 42 U.S.C. 238(b) for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $15,000,000 shall remain available until
expended, for the Indian Catastrophic Health Emergency Fund:
Provided further, That $431,756,000 for contract medical care
shall remain available for obligation until September 30, 2002:
Provided further, That of the funds provided, up to $22,000,000
shall be used to carry out the loan repayment program under
section 108 of the Indian Health Care Improvement Act: Provided
further, That funds provided in this Act may be used for one-
year contracts and grants which are to be performed in two
fiscal years, so long as the total obligation is recorded in
the year for which the funds are appropriated: Provided
further, That the amounts collected by the Secretary of Health
and Human Services under the authority of title IV of the
Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act (exclusive of planning, design, or
construction of new facilities): Provided further, That funding
contained herein, and in any earlier appropriations Acts for
scholarship programs under the Indian Health Care Improvement
Act (25 U.S.C. 1613) shall remain available for obligation
until September 30, 2002: Provided further, That amounts
received by tribes and tribal organizations under title IV of
the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That,
notwithstanding any other provision of law, of the amounts
provided herein, not to exceed $248,781,000 shall be for
payments to tribes and tribal organizations for contract or
grant support costs associated with contracts, grants, self-
governance compacts or annual funding agreements between the
Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2001, of which not to
exceed $10,000,000 may be used for such costs associated with
new and expanded contracts, grants, self-governance compacts or
annual funding agreements: Provided further, That funds
available for the Indian Health Care Improvement Fund may be
used, as needed, to carry out activities typically funded under
the Indian Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications,
and drawings; acquisition of sites, purchase and erection of
modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian
Health Care Improvement Act, and for expenses necessary to
carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $363,904,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be
used to purchase land for sites to construct, improve, or
enlarge health or related facilities: Provided further, That
from the funds appropriated herein, $5,000,000 shall be
designated by the Indian Health Service as a contribution to
the Yukon-Kuskokwim Health Corporation (YKHC) to start a
priority project for the acquisition of land, planning, design
and construction of 79 staff quarters at Bethel, Alaska,
subject to a negotiated project agreement between the YKHC and
the Indian Health Service: Provided further, That this project
shall not be subject to the construction provisions of the
Indian Self-Determination and Education Assistance Act and
shall be removed from the Indian Health Service priority list
upon completion: Provided further, That the Federal Government
shall not be liable for any property damages or other
construction claims that may arise from YKHC undertaking this
project: Provided further, That the land shall be owned or
leased by the YKHC and title to quarters shall remain vested
with the YKHC: Provided further, That notwithstanding any
provision of law governing Federal construction, $2,240,000 of
the funds provided herein shall be provided to the Hopi Tribe
to reduce the debt incurred by the Tribe in providing staff
quarters to meet the housing needs associated with the new Hopi
Health Center: Provided further, That $5,000,000 shall remain
available until expended for the purpose of funding joint
venture health care facility projects authorized under the
Indian Health Care Improvement Act, as amended: Provided
further, That priority, by rank order, shall be given to tribes
with outpatient projects on the existing Indian Health Services
priority list that have Service-approved planning documents,
and can demonstrate by March 1, 2001, the financial capability
necessary to provide an appropriate facility: Provided further,
That joint venture funds unallocated after March 1, 2001, shall
be made available for joint venture projects on a competitive
basis giving priority to tribes that currently have no existing
Federally-owned health care facility, have planning documents
meeting Indian Health Service requirements prepared for
approval by the Service and can demonstrate the financial
capability needed to provide an appropriate facility: Provided
further, That the Indian Health Service shall request
additional staffing, operation and maintenance funds for these
facilities in future budget requests: Provided further, That
not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That not to exceed
$500,000 shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal facilities
in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services
Administration: Provided further, That not to exceed $500,000
shall be placed in a Demolition Fund, available until expended,
to be used by the Indian Health Service for demolition of
Federal buildings: Provided further, That notwithstanding the
provisions of title III, section 306, of the Indian Health Care
Improvement Act (Public Law 94-437, as amended), construction
contracts authorized under title I of the Indian Self-
Determination and Education Assistance Act of 1975, as amended,
may be used rather than grants to fund small ambulatory
facility construction projects: Provided further, That if a
contract is used, the IHS is authorized to improve municipal,
private, or tribal lands, and that at no time, during
construction or after completion of the project will the
Federal Government have any rights or title to any real or
personal property acquired as a part of the contract.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
but at rates not to exceed the per diem rate equivalent to the
maximum rate payable for senior-level positions under 5 U.S.C.
5376; hire of passenger motor vehicles and aircraft; purchase
of medical equipment; purchase of reprints; purchase,
renovation and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances
therefore as authorized by 5 U.S.C. 5901-5902; and for expenses
of attendance at meetings which are concerned with the
functions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or
management of those functions or activities: Provided, That in
accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian
Health Service shall be administered under Public Law 86-121
(the Indian Sanitation Facilities Act) and Public Law 93-638,
as amended: Provided further, That funds appropriated to the
Indian Health Service in this Act, except those used for
administrative and program direction purposes, shall not be
subject to limitations directed at curtailing Federal travel
and transportation: Provided further, That notwithstanding any
other provision of law, funds previously or herein made
available to a tribe or tribal organization through a contract,
grant, or agreement authorized by title I or title III of the
Indian Self-Determination and Education Assistance Act of 1975
(25 U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title III of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the
funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the
health care services of the Indian Health Service until the
Indian Health Service has submitted a budget request reflecting
the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and
enacted into law: Provided further, That funds made available
in this Act are to be apportioned to the Indian Health Service
as appropriated in this Act, and accounted for in the
appropriation structure set forth in this Act: Provided
further, That with respect to functions transferred by the
Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and
services to those entities, on a reimbursable basis, including
payment in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds
received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent
appropriation account which provided the funding, said amounts
to remain available until expended: Provided further, That
reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with
the provision of goods, services, or technical assistance:
Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance
approval of the House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$15,000,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-
10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$4,125,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; up to five replacement passenger vehicles;
purchase, rental, repair, and cleaning of uniforms for
employees, $387,755,000, of which not to exceed $47,088,000 for
the instrumentation program, collections acquisition, Museum
Support Center equipment and move, exhibition reinstallation,
the National Museum of the American Indian, the repatriation of
skeletal remains program, research equipment, information
management, and Latino programming shall remain available until
expended, and including such funds as may be necessary to
support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research Centers:
Provided, That funds appropriated herein are available for
advance payments to independent contractors performing research
services or participating in official Smithsonian
presentations: Provided further, That the Smithsonian
Institution may expend Federal appropriations designated in
this Act for lease or rent payments for long term and swing
space, as rent payable to the Smithsonian Institution, and such
rent payments may be deposited into the general trust funds of
the Institution to the extent that federally supported
activities are housed in the 900 H Street, N.W. building in the
District of Columbia: Provided further, That this use of
Federal appropriations shall not be construed as debt service,
a Federal guarantee of, a transfer of risk to, or an obligation
of, the Federal Government: Provided further, That no
appropriated funds may be used to service debt which is
incurred to finance the costs of acquiring the 900 H Street
building or of planning, designing, and constructing
improvements to such building.
repair, restoration and alteration of facilities
For necessary expenses of repair, restoration, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), including not
to exceed $10,000 for services as authorized by 5 U.S.C. 3109,
$57,600,000, to remain available until expended, of which
$7,600,000 is provided for repair, rehabilitation and
alteration of facilities at the National Zoological Park:
Provided, That contracts awarded for environmental systems,
protection systems, and repair or restoration of facilities of
the Smithsonian Institution may be negotiated with selected
contractors and awarded on the basis of contractor
qualifications as well as price.
construction
For necessary expenses for construction, $9,500,000, to
remain available until expended.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to
initiate the design for any proposed expansion of current space
or new facility without consultation with the House and Senate
Appropriations Committees.
The Smithsonian Institution shall not use Federal funds in
excess of the amount specified in Public Law 101-185 for the
construction of the National Museum of the American Indian.
None of the funds in this or any other Act may be used for
the Holt House located at the National Zoological Park in
Washington, D.C., unless identified as repairs to minimize
water damage, monitor structure movement, or provide interim
structural support.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, Seventy-
sixth Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower than
to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for
other employees as authorized by law (5 U.S.C. 5901-5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $64,781,000, of which not to exceed
$3,026,000 for the special exhibition program shall remain
available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $10,871,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$14,000,000.
construction
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $20,000,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as authorized
by 5 U.S.C. 3109, $7,310,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$98,000,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to organizations and individuals
pursuant to sections 5(c) and 5(g) of the Act, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
previously appropriated to the National Endowment for the Arts
``Matching Grants'' account may be transferred to and merged
with this account.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$104,604,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities,
pursuant to section 7(c) of the Act, and for administering the
functions of the Act, to remain available until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of 1965,
as amended, $15,656,000, to remain available until expended, of
which $11,656,000 shall be available to the National Endowment
for the Humanities for the purposes of section 7(h): Provided,
That this appropriation shall be available for obligation only
in such amounts as may be equal to the total amounts of gifts,
bequests, and devises of money, and other property accepted by
the chairman or by grantees of the Endowment under the
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during
the current and preceding fiscal years for which equal amounts
have not previously been appropriated.
Institute of Museum and Library Services
office of museum services
grants and administration
For carrying out subtitle C of the Museum and Library
Services Act of 1996, as amended, $24,907,000, to remain
available until expended.
administrative provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18
U.S.C. 1913: Provided, That none of the funds appropriated to
the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and representation
expenses.
Challenge America Arts Fund
challenge america grants
For necessary expenses as authorized by Public Law 89-209,
as amended, $7,000,000 for support for arts education and
public outreach activities to be administered by the National
Endowment for the Arts, to remain available until expended.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $1,078,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be credited
to this account as an offsetting collection, to remain
available until expended without further appropriation.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956(a)), as amended, $7,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $3,189,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $6,500,000: Provided,
That all appointed members of the Commission will be
compensated at a rate not to exceed the daily equivalent of the
annual rate of pay for positions at level IV of the Executive
Schedule for each day such member is engaged in the actual
performance of duties.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as
authorized by Public Law 96-388 (36 U.S.C. 1401), as amended,
$34,439,000, of which $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the museum's
exhibitions program shall remain available until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $23,400,000
shall be available to the Presidio Trust, to remain available
until expended. The Trust is authorized to issue obligations to
the Secretary of the Treasury pursuant to section 104(d)(3) of
the Act, in an amount not to exceed $10,000,000.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall
be available to the Secretary of the Interior or the Secretary
of Agriculture for the leasing of oil and natural gas by
noncompetitive bidding on publicly owned lands within the
boundaries of the Shawnee National Forest, Illinois: Provided,
That nothing herein is intended to inhibit or otherwise affect
the sale, lease, or right to access to minerals owned by
private individuals.
Sec. 303. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which congressional action is not complete.
Sec. 304. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any
department or agency shall be obligated or expended to provide
a personal cook, chauffeur, or other personal servants to any
officer or employee of such department or agency except as
otherwise provided by law.
Sec. 306. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless advance notice of such assessments and the basis
therefor are presented to the Committees on Appropriations and
are approved by such committees.
Sec. 307. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands in
a manner different than such sales were conducted in fiscal
year 2000.
Sec. 308. None of the funds made available by this Act may
be obligated or expended by the National Park Service to enter
into or implement a concession contract which permits or
requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 309. None of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps program,
unless the relevant agencies of the Department of the Interior
and/or Agriculture follow appropriate reprogramming guidelines:
Provided, That if no funds are provided for the AmeriCorps
program by the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
2001, then none of the funds appropriated or otherwise made
available by this Act may be used for the AmeriCorps programs.
Sec. 310. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when it is made known to the Federal official
having authority to obligate or expend such funds that such
pedestrian use is consistent with generally accepted safety
standards.
Sec. 311. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims
and sections 2329, 2330, 2331, and 2333 of the Revised Statutes
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2001, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section 314(c)
of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
Sec. 312. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee reports for
the Bureau of Indian Affairs and the Indian Health Service by
Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, and 106-113 for payments to tribes and tribal
organizations for contract support costs associated with self-
determination or self-governance contracts, grants, compacts,
or annual funding agreements with the Bureau of Indian Affairs
or the Indian Health Service as funded by such Acts, are the
total amounts available for fiscal years 1994 through 2000 for
such purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority
allocations for unmet indirect costs of ongoing contracts,
grants, self-governance compacts or annual funding agreements.
Sec. 313. Notwithstanding any other provision of law, for
fiscal year 2001 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ``Jobs in the
Woods'' component of the President's Forest Plan for the
Pacific Northwest or the Jobs in the Woods Program established
in Region 10 of the Forest Service to individuals and entities
in historically timber-dependent areas in the States of
Washington, Oregon, northern California and Alaska that have
been affected by reduced timber harvesting on Federal lands.
The Secretaries shall consider the benefits to the local
economy in evaluating bids and designing procurements which
create economic opportunities for local contractors.
Sec. 314. None of the funds collected under the
Recreational Fee Demonstration program may be used to plan,
design, or construct a visitor center or any other permanent
structure without prior approval of the House and the Senate
Committees on Appropriations if the estimated total cost of the
facility exceeds $500,000.
Sec. 315. All interests created under leases, concessions,
permits and other agreements associated with the properties
administered by the Presidio Trust, hereafter shall be exempt
from all taxes and special assessments of every kind by the
State of California and its political subdivisions.
Sec. 316. None of the funds made available in this or any
other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National
Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if such
designation would be contrary to county ordinance.
Sec. 317. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to
a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
Sec. 318. The National Endowment for the Arts and the
National Endowment for the Humanities are authorized to
solicit, accept, receive, and invest in the name of the United
States, gifts, bequests, or devises of money and other property
or services and to use such in furtherance of the functions of
the National Endowment for the Arts and the National Endowment
for the Humanities. Any proceeds from such gifts, bequests, or
devises, after acceptance by the National Endowment for the
Arts or the National Endowment for the Humanities, shall be
paid by the donor or the representative of the donor to the
Chairman. The Chairman shall enter the proceeds in a special
interest-bearing account to the credit of the appropriate
endowment for the purposes specified in each case.
Sec. 319. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act,
the Chairperson of the National Endowment for the Arts shall
ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) applicable to a family of the size
involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Humanities
Act of 1965--
(1) the Chairperson shall establish a grant
category for projects, productions, workshops, or
programs that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based music
performance and education.
Sec. 320. Advisory Committee on Forest Counties Payments.
(a) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory
Committee'' means the Forest Counties Payments
Committee established by this section.
(2) Committees of jurisdiction.--The term
``committees of jurisdiction'' means the Committee on
Agriculture, the Committee on Resources, and the
Committee on Appropriations of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry, the Committee on Energy and
Natural Resources, and the Committee on Appropriations
of the Senate.
(3) Eligible county.--The term ``eligible county''
means a county that, for one or more of the fiscal
years 1986 through 1999, received--
(A) a payment under title II of the Act of
August 28, 1937 (chapter 876; 50 Stat. 875; 43
U.S.C. 1181f), or the Act of May 24, 1939
(chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1
et seq.); or
(B) a portion of an eligible State's
payment, as described in paragraph (4).
(4) Eligible state.--The term ``eligible State''
means a State that, for one or more of the fiscal years
1986 through 1999, received a payment under the sixth
paragraph under the heading of ``FOREST SERVICE'' in
the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500),
or section 13 of the Act of March 1, 1911 (36 Stat.
963; 16 U.S.C. 500).
(5) Federal lands.--The term ``Federal lands''
means the following:
(A) Lands within the National Forest
System, as defined in section 11(a) of the
Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)),
exclusive of the National Grasslands and land
utilization projects designated as National
Grasslands administered pursuant to the Act of
July 22, 1937 (7 U.S.C. 1010-1012).
(B) Such portions of the Oregon and
California Railroad grant lands revested in the
United States by the Act of June 9, 1916
(chapter 137; 39 Stat. 218), and the Coos Bay
Wagon Road grant lands reconveyed to the United
States by the Act of February 26, 1919 (chapter
47; 40 Stat. 1179), as are or may hereafter
come under the jurisdiction of the Secretary of
the Interior, which have heretofore or may
hereafter be classified as timberlands, and
power-site lands valuable for timber, that
shall be managed, except as provided in the
former section 3 of the Act of August 28, 1937
(50 Stat. 875; 43 U.S.C. 1181c), for permanent
forest production.
(6) Sustainable forestry.--The term ``sustainable
forestry'' means the practice of meeting the forest
resource needs and values of the present without
compromising the similar capability of future
generations.
(b) Establishment of Advisory Committee.--
(1) Establishment required.--There is hereby
established an advisory committee, to be known as the
Forest Counties Payments Committee, to develop
recommendations, consistent with sustainable forestry,
regarding methods to ensure that States and counties in
which Federal lands are situated receive adequate
Federal payments to be used for the benefit of public
education and other public purposes.
(2) Members.--The Advisory Committee shall be
composed of the following members:
(A) The Chief of the Forest Service, or a
designee of the Chief who has significant
expertise in sustainable forestry.
(B) The Director of the Bureau of Land
Management, or a designee of the Director who
has significant expertise in sustainable
forestry.
(C) The Director of the Office of
Management and Budget, or the Director's
designee.
(D) Two members who are elected members of
the governing branches of eligible counties;
one such member to be appointed by the
President pro tempore of the Senate (in
consultation with the chairmen and ranking
members of the committees of jurisdiction of
the Senate) and one such member to be appointed
by the Speaker of the House of Representatives
(in consultation with the chairmen and ranking
members of the committees of jurisdiction of
the House of Representatives) within 60 days of
the date of the enactment of this Act.
(E) Two members who are elected members of
school boards for, superintendents from, or
teachers employed by, school districts in
eligible counties; one such member to be
appointed by the President pro tempore of the
Senate (in consultation with the chairmen and
ranking members of the committees of
jurisdiction of the Senate) and one such member
to be appointed by the Speaker of the House of
Representatives (in consultation with the
chairmen and ranking members of the committees
of jurisdiction of the House of
Representatives) within 60 days of the date of
the enactment of this Act.
(3) Geographic representation.--In making
appointments under subparagraphs (D) and (E) of
paragraph (2), the President pro tempore of the Senate
and the Speaker of the House of Representatives shall
seek to ensure that the Advisory Committee members are
selected from geographically diverse locations.
(4) Organization of advisory committee.--
(A) Chairperson.--The Chairperson of the
Advisory Committee shall be selected from among
the members appointed pursuant to subparagraphs
(D) and (E) of paragraph (2).
(B) Vacancies.--Any vacancy in the
membership of the Advisory Committee shall be
filled in the same manner as required by
paragraph (2). A vacancy shall not impair the
authority of the remaining members to perform
the functions of the Advisory Committee under
this section.
(C) Compensation.--The members of the
Advisory Committee who are not officers or
employees of the United States, while attending
meetings or other events held by the Advisory
Committee or at which the members serve as
representatives of the Advisory Committee or
while otherwise serving at the request of the
Chairperson of the Advisory Committee, shall
each be entitled to receive compensation at a
rate not in excess of the maximum rate of pay
for grade GS-15, as provided in the General
Schedule, including traveltime, and while away
from their homes or regular places of business,
shall each be reimbursed for travel expenses,
including per diem in lieu of subsistence as
authorized by section 5703 of title 5, United
States Code, for persons in Government service
employed intermittently.
(5) Staff and rules.--
(A) Executive director.--The Advisory
Committee shall have an Executive Director, who
shall be appointed by the Advisory Committee
and serve at the pleasure of the Advisory
Committee. The Executive Director shall report
to the Advisory Committee and assume such
duties as the Advisory Committee may assign.
The Executive Director shall be paid at a rate
not in excess of the maximum rate of pay for
grade GS-15, as provided in the General
Schedule.
(B) Other staff.--In addition to authority
to appoint personnel subject to the provisions
of title 5, United States Code, governing
appointments to the competitive service, and to
pay such personnel in accordance with the
provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to
classification and General Schedule pay rates,
the Advisory Committee shall have authority to
enter into contracts with private or public
organizations which may furnish the Advisory
Committee with such administrative and
technical personnel as may be necessary to
carry out the functions of the Advisory
Committee under this section. To the extent
practicable, such administrative and technical
personnel, and other necessary support
services, shall be provided for the Advisory
Committee by the Chief of the Forest Service
and the Director of the Bureau of Land
Management.
(C) Committee rules.--The Advisory
Committee may establish such procedural and
administrative rules as are necessary for the
performance of its functions under this
section.
(6) Federal agency cooperation.--The heads of the
departments, agencies, and instrumentalities of the
executive branch of the Federal Government shall
cooperate with the Advisory Committee in the
performance of its functions under this section and
should furnish, as practicable, to the Advisory
Committee information which the Advisory Committee
deems necessary to carry out such functions.
(c) Functions of Advisory Committee.--
(1) Development of recommendations.--
(A) In general.--The Advisory Committee
shall develop recommendations for policy or
legislative initiatives (or both) regarding
alternatives for, or substitutes to, the
payments required to be made to eligible States
and eligible counties under the provisions of
law referred to in paragraphs (3) and (4) of
subsection (a) in order to provide a long-term
method to generate annual payments to eligible
States and eligible counties.
(B) Reporting requirements.--Not later than
18 months after the date of the enactment of
this Act, the Advisory Committee shall submit
to the committees of jurisdiction a final
report containing the recommendations developed
under this subsection. The Advisory Committee
shall submit semiannual progress reports on its
activities and expenditures to the committees
of jurisdiction until the final report has been
submitted.
(2) Guidance for committee.--In developing the
recommendations required by paragraph (1), the Advisory
Committee shall--
(A) evaluate the method by which payments
are made to eligible States and eligible
counties under the provisions of law referred
to in paragraphs (3) and (4) of subsection (a),
and related laws, and the use of such payments;
(B) consider the impact on eligible States
and eligible counties of revenues derived from
the historic multiple use of the Federal lands.
(C) evaluate the economic, environmental,
and social benefits which accrue to counties
containing Federal lands, including recreation,
natural resources industries, and the value of
environmental services that result from Federal
lands; and
(D) evaluate the expenditures by counties
on activities on Federal lands which are
Federal responsibilities.
(3) Monitoring and related reporting activities.--
The Advisory Committee shall monitor the payments made
to eligible States and eligible counties under the
provisions of law referred to in paragraphs (3) and (4)
of subsection (a), and related laws, and submit to the
committees of jurisdiction an annual report describing
the amounts and sources of such payments and containing
such comments as the Advisory Committee may have
regarding such payments.
(4) Testimony.--The Advisory Committee shall make
itself available for testimony or comments on the
reports required to be submitted by the Advisory
Committee and on any legislation or regulations to
implement any recommendations made in such reports in
any congressional hearings or any rulemaking or other
administrative decision process.
(d) Federal Advisory Committee Act Requirements.--The
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Advisory Committee.
(e) Termination of Advisory Committee.--The Advisory
Committee shall terminate three years after the date of the
enactment of this Act.
(f) Funding Source.--At the request of the Executive
Director of the Advisory Committee, the Secretary of
Agriculture shall provide funds from any account available to
the Secretary, not to exceed $200,000 in fiscal year 2001, for
the work of the Advisory Committee necessary to meet the
requirements of this section.
Sec. 321. No part of any appropriation contained in this
Act shall be expended or obligated to complete and issue the 5-
year program under the Forest and Rangeland Renewable Resources
Planning Act.
Sec. 322. None of the funds in this Act may be used to
support Government-wide administrative functions unless such
functions are justified in the budget process and funding is
approved by the House and Senate Committees on Appropriations.
Sec. 323. Notwithstanding any other provision of law, none
of the funds in this Act may be used for GSA Telecommunication
Centers or the President's Council on Sustainable Development.
Sec. 324. None of the funds in this Act may be used for
planning, design or construction of improvements to
Pennsylvania Avenue in front of the White House without the
advance approval of the House and Senate Committees on
Appropriations.
Sec. 325. Amounts deposited during fiscal year 2000 in the
roads and trails fund provided for in the fourteenth paragraph
under the heading ``FOREST SERVICE'' of the Act of March 4,
1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the
Secretary of Agriculture, without regard to the State in which
the amounts were derived, to repair or reconstruct roads,
bridges, and trails on National Forest System lands or to carry
out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of
roads, bridges, and trails on National Forest System lands in
the wildland-community interface where there is an abnormally
high risk of fire. The projects shall emphasize reducing risks
to human safety and public health and property and enhancing
ecological functions, long-term forest productivity, and
biological integrity. The Secretary shall commence the projects
during fiscal year 2001, but the projects may be completed in a
subsequent fiscal year. Funds shall not be expended under this
section to replace funds which would otherwise appropriately be
expended from the timber salvage sale fund. Nothing in this
section shall be construed to exempt any project from any
environmental law.
Sec. 326. None of the funds provided in this or previous
appropriations Acts for the agencies funded by this Act or
provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be transferred to and used to fund
personnel, training, or other administrative activities of the
Council on Environmental Quality or other offices in the
Executive Office of the President for purposes related to the
American Heritage Rivers program.
Sec. 327. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach
promptly an individual on-duty with the agency being contacted.
Sec. 328. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised under the
transaction evidence appraisal system using domestic Alaska
values for western red cedar: Provided, That sales which are
deficit when appraised under the transaction evidence appraisal
system using domestic Alaska values for western red cedar may
be advertised upon receipt of a written request by a
prospective, informed bidder, who has the opportunity to review
the Forest Service's cruise and harvest cost estimate for that
timber. Program accomplishments shall be based on volume sold.
Should Region 10 sell, in fiscal year 2001, the annual average
portion of the decadal allowable sale quantity called for in
the current Tongass Land Management Plan in sales which are not
deficit when appraised under the transaction evidence appraisal
system using domestic Alaska values for western red cedar, all
of the western red cedar timber from those sales which is
surplus to the needs of domestic processors in Alaska, shall be
made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. Should Region 10
sell, in fiscal year 2001, less than the annual average portion
of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan in sales which are not
deficit when appraised under the transaction evidence appraisal
system using domestic Alaska values for western red cedar, the
volume of western red cedar timber available to domestic
processors at prevailing domestic prices in the contiguous 48
United States shall be that volume: (i) which is surplus to the
needs of domestic processors in Alaska; and (ii) is that
percent of the surplus western red cedar volume determined by
calculating the ratio of the total timber volume which has been
sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current
Tongass Land Management Plan. The percentage shall be
calculated by Region 10 on a rolling basis as each sale is sold
(for purposes of this amendment, a ``rolling basis'' shall mean
that the determination of how much western red cedar is
eligible for sale to various markets shall be made at the time
each sale is awarded). Western red cedar shall be deemed
``surplus to the needs of domestic processors in Alaska'' when
the timber sale holder has presented to the Forest Service
documentation of the inability to sell western red cedar logs
from a given sale to domestic Alaska processors at price equal
to or greater than the log selling value stated in the
contract. All additional western red cedar volume not sold to
Alaska or contiguous 48 United States domestic processors may
be exported to foreign markets at the election of the timber
sale holder. All Alaska yellow cedar may be sold at prevailing
export prices at the election of the timber sale holder.
Sec. 329. None of the funds appropriated by this Act shall
be used to propose or issue rules, regulations, decrees, or
orders for the purpose of implementation, or in preparation for
implementation, of the Kyoto Protocol which was adopted on
December 11, 1997, in Kyoto, Japan at the Third Conference of
the Parties to the United Nations Framework Convention on
Climate Change, which has not been submitted to the Senate for
advice and consent to ratification pursuant to article II,
section 2, clause 2, of the United States Constitution, and
which has not entered into force pursuant to article 25 of the
Protocol.
Sec. 330. In fiscal years 2001 through 2005, the
Secretaries of the Interior and Agriculture may pilot test
agency-wide joint permitting and leasing programs, subject to
annual review of Congress, and promulgate special rules as
needed to test the feasibility of issuing unified permits,
applications, and leases. The Secretaries of the Interior and
Agriculture may make reciprocal delegations of their respective
authorities, duties and responsibilities in support of the
``Service First'' initiative agency-wide to promote customer
service and efficiency. Nothing herein shall alter, expand or
limit the applicability of any public law or regulation to
lands administered by the Bureau of Land Management or the
Forest Service.
Sec. 331. Federal and State Cooperative Watershed
Restoration and Protection in Colorado. (a) Use of Colorado
State Forest Service.--Until September 30, 2004, the Secretary
of Agriculture, via cooperative agreement or contract
(including sole source contract) as appropriate, may permit the
Colorado State Forest Service to perform watershed restoration
and protection services on National Forest System lands in the
State of Colorado when similar and complementary watershed
restoration and protection services are being performed by the
State Forest Service on adjacent State or private lands. The
types of services that may be extended to National Forest
System lands include treatment of insect infected trees,
reduction of hazardous fuels, and other activities to restore
or improve watersheds or fish and wildlife habitat across
ownership boundaries.
(b) State as Agent.--Except as provided in subsection (c),
a cooperative agreement or contract under subsection (a) may
authorize the State Forester of Colorado to serve as the agent
for the Forest Service in providing all services necessary to
facilitate the performance of watershed restoration and
protection services under subsection (a). The services to be
performed by the Colorado State Forest Service may be conducted
with subcontracts utilizing State contract procedures.
Subsections (d) and (g) of section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a) shall not apply to
services performed under a cooperative agreement or contract
under subsection (a).
(c) Retention of NEPA Responsibilities.--With respect to
any watershed restoration and protection services on National
Forest System lands proposed for performance by the Colorado
State Forest Service under subsection (a), any decision
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) may not be delegated to the
State Forester of Colorado or any other officer or employee of
the Colorado State Forest Service.
Sec. 332. None of the funds appropriated or otherwise made
available by this Act may be used to issue a record of decision
implementing the Interior Columbia Basin Ecosystem Management
Project until the Secretaries of Agriculture and the Interior
submit to Congress a report evaluating, for the area to be
covered by the project, both the effect of the year 2000
wildfires and the President's initiative for managing the
impact of wildfires on communities and the environment.
Sec. 333. The Forest Service, in consultation with the
Department of Labor, shall review Forest Service campground
concessions policy to determine if modifications can be made to
Forest Service contracts for campgrounds so that such
concessions fall within the regulatory exemption of 29 CFR
4.122(b). The Forest Service shall offer in fiscal year 2001
such concession prospectuses under the regulatory exemption,
except that, any prospectus that does not meet the requirements
of the regulatory exemption shall be offered as a service
contract in accordance with the requirements of 41 U.S.C. 351-
358.
Sec. 334. A project undertaken by the Forest Service under
the Recreation Fee Demonstration Program as authorized by
section 315 of the Department of the Interior and Related
Agencies Appropriations Act for Fiscal Year 1996, as amended,
shall not result in--
(1) displacement of the holder of an authorization
to provide commercial recreation services on Federal
lands. Prior to initiating any project, the Secretary
shall consult with potentially affected holders to
determine what impacts the project may have on the
holders. Any modifications to the authorization shall
be made within the terms and conditions of the
authorization and authorities of the impacted agency.
(2) the return of a commercial recreation service
to the Secretary for operation when such services have
been provided in the past by a private sector provider,
except when--
(A) the private sector provider fails to
bid on such opportunities;
(B) the private sector provider terminates
its relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until a
subsequent operator can be found through the offering of a new
prospectus.
Sec. 335. Section 801 of the National Energy Conservation
Policy Act (42 U.S.C. 8287(a)(2)(D)(iii)) is amended by
striking ``$750,000'' and inserting ``$10,000,000''.
Sec. 336. In section 315(f) of title III of section 101(c)
of Public Law 104-134 (16 U.S.C. 460l-6a note), as amended,
strike ``September 30, 2001'' and insert ``September 30,
2002'', and strike ``September 30, 2004'' and insert
``September 30, 2005''.
Sec. 337. None of the funds in this Act may be used by the
Secretary of the Interior to issue a prospecting permit for
hardrock mineral exploration on Mark Twain National Forest land
in the Current River/Jack's Fork River--Eleven Point Watershed
(not including Mark Twain National Forest land in Townships 31N
and 32N, Range 2 and Range 3 West, on which mining activities
are taking place as of the date of the enactment of this Act):
Provided, That none of the funds in this Act may be used by the
Secretary of the Interior to segregate or withdraw land in the
Mark Twain National Forest, Missouri under section 204 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1714).
Sec. 338. The authority to enter into stewardship and end
result contracts provided to the Forest Service in accordance
with section 347 of title III of section 101(e) of division A
of Public Law 105-825 is hereby expanded to authorize the
Forest Service to enter into an additional 28 contracts subject
to the same terms and conditions as provided in that section:
Provided, That of the additional contracts authorized by this
section at least 9 shall be allocated to Region 1 and at least
3 to Region 6.
Sec. 339. Any regulations or policies promulgated or
adopted by the Departments of Agriculture or the Interior
regarding recovery of costs for processing authorizations to
occupy and use Federal lands under their control shall adhere
to and incorporate the following principle arising from Office
of Management and Budget Circular, A-25; no charge should be
made for a service when the identification of the specific
beneficiary is obscure, and the service can be considered
primarily as benefiting broadly the general public.
Sec. 340. None of the funds made available in this Act may
be used by the Secretary of the Interior or the Secretary of
Agriculture to implement a final rule for estimating fair
market value land use rental fees for fiberoptic communications
rights-of-way on Federal lands that amends or replaces the
linear right-of-way rental fee schedule published on July 8,
1987 (43 CFR 2803.1-2(c)(1)(I)). In determining rental fees for
fiberoptic rights-of-way, the Secretaries shall use the rates
contained in the linear right-of-way rental fee schedules in
place on May 1, 2000.
Sec. 341. Notwithstanding any other provision of law, for
fiscal year 2001, the Secretary of Agriculture is authorized to
limit competition for fire and fuel treatment and watershed
restoration contracts in the Giant Sequoia National Monument
and the Sequoia National Forest. Preference for employment
shall be given to dislocated and displaced workers in Tulare,
Kern and Fresno Counties, California, for work associated with
the establishment of the Giant Sequoia National Monument.
Sec. 344. From funds previously appropriated under the
heading ``DEPARTMENT OF ENERGY, fossil energy research and
development'', $4,000,000 is available for computational
services at the National Energy Technology Laboratory.
Sec. 345. Backcountry Landing Strip Access. (a) In
General.--Funds made available by this Act shall not be used to
permanently close aircraft landing strips, officially
recognized by State or Federal aviation officials, without
public notice, consultation with cognizant State and Federal
aviation officials and the consent of the Federal Aviation
Administration.
(b) Aircraft Landing Strips.--An aircraft landing strip
referred to in subsection (a) is a landing strip on Federal
land administered by the Secretary of the Interior or the
Secretary of Agriculture that is commonly known, and is
consistently used for aircraft landing and departure
activities.
(c) Permanent Closure.--For the purposes of subsection (a),
an aircraft landing strip shall be considered to be closed
permanently if the intended duration of the closure is more
than 180 days in any calendar year.
Sec. 346. Columbia River Gorge National Scenic Area. (a)
Land Acquisition.--Section 9 of the Columbia River Gorge
National Scenic Area Act (16 U.S.C. 544g) is amended:
(1) by redesignating subsection (e) as subsection
(g); and
(2) by inserting after subsection (d) the
following:
``(e) Appraisals.--
``(1) Definition of landowner.--In this subsection,
the term `landowner' means the owner of legal or
equitable title as of September 1, 2000.
``(2) Appraisal standards.--Except as provided in
paragraph (3), land acquired or conveyed by purchase or
exchange under this section shall be appraised in
conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions.
``(3) Special management areas.--
``(A) Before april 1, 2001.--Land within a
special management area for which the
landowner, before April 1, 2001, makes a
written bona fide offer to convey to the
Secretary for fair market value shall be
appraised--
``(i) without regard to the effect
of any zoning or land use restriction
made in response to this Act; but
``(ii) subject to any other current
zoning or land use restriction imposed
by the State or locality in which the
land is located on the date of the
offer.
``(B) On or after april 1, 2001.--Land
within a special management area for which the
landowner, on or after April 1, 2001, makes a
written bona fide offer to convey to the
Secretary for fair market value shall be
appraised subject to--
``(i) any zoning or land use
restriction made in response to this
Act; and
``(ii) any other current zoning or
land use restriction that applies to
the land on the date of the offer.
``(f) Authorization for Certain Land Exchanges.--
``(1) In general.--To facilitate priority land
exchanges through which land within the boundaries of
the White Salmon Wild and Scenic River or within the
scenic area is conveyed to the United States, the
Secretary may accept title to such land as the
Secretary determines to be appropriate within the
States, regardless of the State in which the land
conveyed by the Secretary in exchange is located, in
accordance with land exchange authorities available to
the Secretary under applicable law.
``(2) Special rule for land certain exchanges.--
Notwithstanding any other provision of law--
``(A) any exchange described in paragraph
(1) for which an agreement to initiate has been
executed as of September 30, 2000, shall
continue; and
``(B) any timber stumpage proceeds
collected under the exchange shall be retained
by the Forest Service to complete the
exchange.''.
(b) Administration of Special Management Areas.--Section
8(o) of the Columbia River Gorge National Scenic Area Act (16
U.S.C. 544f) is amended--
(1) by striking ``Any ordinance'' and inserting the
following:
``(1) In general.--Any ordinance'';
(2) in the first sentence, by striking ``the
Uniform Appraisal Standards for Federal Land
Acquisitions (Interagency Land Acquisition Conference,
1973).'' and inserting ``section 9(e).''; and
(3) by adding at the end the following:
``(2) Applicability.--This subsection shall not
apply to any land offered to the Secretary for
acquisition after March 31, 2001.''.
(c) Publication of Notice.--
(1) Not later than November 1, 2000, the Secretary
of Agriculture shall provide notice of the provisions
contained in the amendments made by subsections (a) and
(b) through--
(A) publication of a notice in the Federal
Register and in newspapers of general
circulation in the counties in the Columbia
River Gorge National Scenic Area; and
(B) posting of a notice in each facility of
the United States Postal Service located in
those counties.
(2) If the counties wherein special management
areas are located provide the Forest Service
administrator of the Columbia River Gorge National
Scenic Area lists of the names and addresses of
landowners within the special management areas as of
September 1, 2000, the Forest Service shall send to
such names and addresses by certified first class mail
notice of the provisions contained in the amendments
made by subsections (a) and (b);
(A) The mailing shall occur within twenty
working days of the receipt of the list; and
(B) The mailing shall constitute
constructive notice to landowners, and proof of
receipt by the addressee shall not be required.
(d) Designation of Special Management Areas.--Section
4(b)(2) of the Columbia River Gorge National Scenic Area Act
(16 U.S.C. 544b(b)(2)) is amended--
(1) in paragraph (2), by striking ``in this
section'' and inserting ``by paragraph (1)''; and
(2) by adding at the end the following:
``(3) Modification of boundaries.--The boundaries
of the special management areas are modified as
depicted on a map dated September 20, 2000, which shall
be on file and available for public inspection in the
office of the Chief of the Forest Service in
Washington, District of Columbia, and copies shall be
available in the office of the Commission, and the
headquarters of the scenic area.''.
(e) Payments to Local Governments.--Section 14(c)(3) of the
Columbia River Gorge National Scenic Area Act (16 U.S.C.
544l(c)(3)) is amended--
(1) by striking ``(3) No payment'' and inserting
the following:
``(3) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), no payment'';
(2) by striking ``fifth'' and inserting ``eighth'';
and
(3) by adding at the end the following:
``(B) Continuation of certain payments.--
For any land or interest in land for which the
Secretary is making a payment in fiscal year
2000, such payment shall be continued for a
total of eight fiscal years.''.
Sec. 347. (a) Exchange Required.--In exchange for the non-
Federal lands and the additional consideration described in
subsection (b), the Secretary of Agriculture shall convey to
Kern County, California, all right, title, and interest of the
United States in and to four parcels of land under the
jurisdiction of the Forest Service in Kern County, as follows:
(1) Approximately 70 acres known as Camp Owen as
depicted on the map entitled ``Camp Owen'', dated June
15, 2000.
(2) Approximately 4 acres known as Wofford Heights
Park as depicted on the map entitled ``Wofford Heights
Park'', dated June 15, 2000.
(3) Approximately 4 acres known as the French Gulch
maintenance yard as depicted on the map entitled
``French Gulch Maintenance Yard'', dated June 15, 2000.
(4) Approximately 14 acres known as the Kernville
Fish Hatchery as depicted on the map entitled
``Kernville Fish Hatchery'', dated June 15, 2000.
(b) Consideration.--
(1) Conveyance of non-federal lands.--As
consideration for the conveyance of the Federal lands
referred to in subsection (a), Kern County shall convey
to the Secretary a parcel of land for fair market value
consisting of approximately 52 acres as depicted on the
map entitled ``Greenhorn Mountain Park'', located in
Kern County, California, dated June 18, 2000.
(2) Replacement facility.--As additional
consideration for the conveyance of the storage
facility located at the maintenance yard referred to in
subsection (a)(3), Kern County shall provide a
replacement storage facility of comparable size and
condition, as acceptable to the Secretary, at the
Greenhorn Ranger District Lake Isabella Maintenance
Yard property.
(3) Cash equalization payment.--As additional
consideration for the conveyance of the Federal lands
referred to in subsection (a), Kern County shall tender
a cash equalization payment specified by the Secretary.
The cash equalization payment shall be based upon an
appraisal performed at the option of the Forest Service
pursuant to section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b)).
(c) Conditions on Acceptance.--Title to the non-Federal
lands to be conveyed under this section must be acceptable to
the Secretary, and the conveyance shall be subject to valid
existing rights of record. The non-Federal lands shall conform
with the title approval standards applicable to Federal land
acquisitions.
(d) Time for Conveyance.--Subject to subsection (c), the
Secretary shall complete the conveyance of the Federal lands
under subsection (a) within 3 months after Kern County tenders
to the Secretary the consideration required by subsection (b).
(e) Status of Acquired Lands.--Upon approval and acceptance
of title by the Secretary, the non-Federal lands conveyed to
the United States under this section shall become part of
Sequoia National Forest, and the boundaries of the national
forest shall be adjusted to include the acquired lands. The
Secretary shall manage the acquired lands for recreational
purposes in accordance with the laws and regulations pertaining
to the National Forest System. For purposes of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
9), the boundaries of the national forest, as adjusted pursuant
to this section, shall be considered to be the boundaries of
the national forest as of January 1, 1965.
(f) Relationship to Environmental Liability.--In connection
with the conveyances under this section, the Secretary may
require such additional terms and conditions related to
environmental liability as the Secretary considers appropriate
to protect the interests of the United States.
(g) Legal Descriptions.--The exact acreage and legal
description of the real property to be exchanged under this
section shall be determined by a survey or surveys satisfactory
to the Secretary. The costs of any such survey, as well as
other administrative costs incurred to execute the land
exchange (other than costs incurred by Kern County to comply
with subsection (h)), shall be divided equally between the
Secretary and Kern County.
(h) Treatment of Existing Utility Lines at Camp Owen.--Upon
receipt of the Federal lands described in subsection (a)(1),
Kern County shall grant an easement, and record the easement in
the appropriate office, for permitted or licensed uses of those
lands that are unrecorded as of the date of the conveyance.
(i) Applicable Law.--Except as otherwise provided in this
section, any exchange of National Forest System land under this
section shall be subject to the laws (including regulations)
applicable to the conveyance and acquisition of land for the
National Forest System.
Sec. 348. (a) Establishment.--Not later than March 1, 2001,
the Secretary shall cause to be established an advisory group
to provide continuing expert advice and counsel to the Director
of the National Energy Technology Laboratory (NETL) with
respect to the research and development activities NETL
conducts and manages.
(b) Membership.--
(1) In general.--The advisory group shall be
composed of--
(A) a balanced group of--
(i) representatives of academia;
(ii) representatives of industry;
(iii) representatives of non-
governmental organizations; and
(iv) representatives of energy
regulatory agencies;
(B) a representative of the DOE's Office of
Fossil Energy;
(C) a representative of the DOE's Office of
Energy Efficiency and Renewable Energy;
(D) a representative of the DOE's Office of
Science; and
(E) others, as appropriate.
(c) Duties.--The advisory group shall provide advice,
information, and recommendations to the Director--
(1) on management and strategic issues affecting
the laboratory; and
(2) on the scientific and technical direction of
the laboratory's R&D program;
(d) Compensation; Support; Procedures.--
(1) Compensation and travel.--Members of the
advisory group who are not officers or employees of the
United States, while attending conferences or meetings
of the group or otherwise engaged in its business, or
while serving away from their homes or regular places
of business, may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for
persons in the Government service employed
intermittently.
(2) Administrative support.--The NETL shall furnish
to the advisory group clerical and administrative
support.
(3) Procedures and requirements.--In carrying out
its functions, the advisory group shall comply with the
procedures and requirements that apply to similar
groups providing advice and counsel to entities
operating other Department of Energy laboratories
rather than the procedures and requirements that apply
to such a group providing advice directly to a Federal
entity.
Sec. 349. (a) In furtherance of the purposes of the Umpqua
Land Exchange Project (ULEP) and previous Congressional
appropriations therefor, there is hereby appropriated the sum
of $4,300,000 to be derived from the Land and Water
Conservation Fund. Such amount shall be available to the
Foundation for Voluntary Land Exchanges (``Foundation'')
working in conjunction with the Secretary of the Interior, and
with the U.S. Bureau of Land Management as the lead Federal
agency, to complete a Final Land Ownership Adjustment Plan
(``Plan'') for the area (``Basin''), comprising approximately
675,000 acres, as generally depicted on a map entitled ``Coast
Range-Umpqua River Basin,'' dated August 2000. No more than 15
percent of this appropriation shall be used by the agency for
defraying administrative overhead.
(b) In preparing the Plan, the Secretary shall identify, no
later than March 31, 2001, those lands or interests in land
with willing sellers which merit emergency purchase by the
United States due to critical environmental values or
possibility of imminent development. For lands or interests in
land so identified, the Secretary and the Foundation shall
arrange with landowners to complete appraisals and purchase
clearances required by law so that the Secretary may thereafter
consummate purchases as soon as funds therefor are appropriated
by the Congress.
(c) Pursuant to the funding and direction of subsection
(a), the Secretary shall, in cooperation with the Foundation,
no later than December 31, 2002, complete the Plan utilizing
the Multi-Resource Land Allocation Model (``Model'') developed
for the ULEP. The Plan shall identify: (1) non-Federal Lands or
interests in land in the Basin which, with the concurrence of
willing non-Federal landowners, are recommended for acquisition
or exchange by the United States; (2) Federal lands or
interests in land in the Basin recommended for disposal into
non-Federal ownership in exchange for the acquired lands of
equal value; and (3) specific land exchanges or purchases to
implement the Plan. In addition, no later than December 31,
2002, the Secretary, in cooperation with the Foundation, shall
complete a draft Habitat Conservation Plan (``HCP'') covering
the lands to be disposed of by the United States and consistent
with the Plan, a comprehensive Final Environmental Impact
Statement covering the Plan, and a comprehensive Biological
Opinion analyzing the net impacts of the Plan at Plan scale
over time in 5 year increments, taking into consideration all
expected benefits to be achieved by the Plan and HCP, and any
consistency determinations or amendments to any applicable
Federal land management plans. The HCP shall cover all species
analyzed in the Model (including species under the jurisdiction
of the Secretary of Commerce).
(d) No later than March 31, 2002, the Secretary and the
Foundation shall submit to the Committee on Resources of the
U.S. House of Representatives, Committee on Energy and Natural
Resources of the United States Senate, and the House and Senate
Committees on Appropriations, a joint report summarizing the
Plan and the land exchanges or purchases identified to
implement the Plan, and outlining: (1) any Fiscal Year 2003
funding needed for land purchases; (2) any recommendations for
actions to expedite or facilitate the specific land exchanges
or purchases identified to implement the Plan, or the HCP; and
(3) an action Plan for making the Model publicly available for
additional land exchanges or other purposes upon completion of
the exchanges.
(e) No later than June 15, 2003: (1) the Secretary with the
Foundation and the financial participation and commitment of
willing private landowners shall complete appraisals and other
land purchase or exchange clearances required by law, including
those pertaining to cultural and historic resources and
hazardous materials and (2) the Secretary shall consummate with
willing non-Federal landowners the specific land exchanges
previously identified in subsection (c) to implement the Plan,
and together with the Secretary of Commerce, shall issue the
HCP.
Sec. 350. Notwithstanding section 351 of section 101(e) of
division A, Public Law 105-277, the Indian Health Service is
authorized to provide additional contract health service funds
to Ketchikan Indian Corporation's recurring budget for
hospital-related services for patients of Ketchikan Indian
Corporation and the Organized Village of Saxman.
Sec. 351. (a) Short Title.--This section may be cited as
the ``Boise Laboratory Replacement Act of 2000''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the existing facilities of the Rocky
Mountain Research Station Boise laboratory are
outdated and no longer serve as a modern
research facility;
(B) the Boise laboratory site is in the
heart of a Boise city redevelopment zone, and
the existing laboratory facilities detract from
community improvement efforts;
(C) it is desirable to colocate the Boise
laboratory with 1 of the State institutions of
higher learning in the Boise metropolitan
area--
(i) to facilitate communications
and sharing of research data between
the agency and the Idaho scientific
community;
(ii) to facilitate development and
maintenance of the Boise laboratory as
a modern, high quality research
facility; and
(iii) to reduce costs, better use
assets, and better serve the public;
and
(D) it is desirable to make the Boise
laboratory site available for inclusion in a
planned facility that is being developed on
adjacent property by the University of Idaho or
the University of Idaho Foundation, a not-for-
profit corporation acting on behalf of the
University of Idaho, as a multiagency research
and education facility to serve various
agencies and educational institutions of the
United States and the State.
(2) Purpose.--The purpose of this section is to
authorize the Secretary--
(A) to sell or exchange the land and
improvements currently occupied by the Boise
laboratory site; and
(B) to acquire land, facilities, or
interests in land and facilities, including
condominium interests, to colocate the Rocky
Mountain Research Station Boise laboratory with
1 of the State institutions of higher learning
in the Boise metropolitan area, using--
(i) funds derived from sale or
exchange of the existing Boise
laboratory site; and
(ii) to the extent the funds
received are insufficient to carry out
the acquisition of replacement research
facilities, funds subsequently made
available by appropriation for the
acquisition, construction, or
improvement of the Rocky Mountain
Research Station Boise laboratory.
(c) Definitions.--In this section:
(1) Boise laboratory site.--The term ``Boise
laboratory site'' means the approximately 3.26 acres of
land and all improvements in section 10, T. 3 N., R. 2
E., Boise Meridian, as depicted on that Plat of Park
View Addition to Boise, Ada County, Idaho, labeled
``Boise Lab Site--May 22, 2000'', located at 316 East
Myrtle Street, Boise, Idaho.
(2) Condominium interest.--The term ``condominium
interest'' means an estate in land consisting of (in
accordance with law of the State)--
(A) an undivided interest in common of a
portion of a parcel of real property; and
(B) a separate fee simple interest in
another portion of the parcel.
(3) Fair market value.--The term ``fair market
value'' means the cash value of land on a specific
date, as determined by an appraisal acceptable to the
Secretary and prepared in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(5) State.--The term ``State'' means the State of
Idaho.
(d) Sale or Exchange of Boise Laboratory Site.--
(1) In general.--The Secretary may, under such
terms and conditions as the Secretary may prescribe and
subject to valid existing rights, sell or exchange any
or all right, title, and interest of the United States
in and to the Boise laboratory site.
(2) Right of first refusal.--
(A) In general.--After a determination of
fair market value of the Boise laboratory site
is approved by the Secretary, the University of
Idaho or the University of Idaho Foundation, a
not-for-profit organization acting on behalf of
the University of Idaho, shall be allowed 210
days from the effective date of value to
exercise a right of first refusal to purchase
the Boise laboratory site at fair market value.
(B) Cooperative development.--If the
University of Idaho or the University of Idaho
Foundation exercises the right of first refusal
under paragraph (A), to accomplish the purpose
described in section (b)(2)(B), the Secretary
shall, to the maximum extent practicable,
cooperate with the University of Idaho in the
development of a multiagency research and
education facility on the Boise laboratory site
and adjacent property.
(3) Solicitation of offers.--If the right of first
refusal described in subsection (d)(2) is not
exercised, the Secretary may solicit offers for
purchase through sale or competitive exchange of any
and all right, title, and interest of the United States
in and to the Boise laboratory site.
(4) Consideration.--Consideration for sale or
exchange of land under this subsection--
(A) shall be at least equal to the fair
market value of the Boise laboratory site; and
(B) may include land, existing
improvements, or improvements to be constructed
to the specifications of the Secretary,
including condominium interests, and cash,
notwithstanding section 206(b) of Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(b)).
(5) Rejection of offers.--The Secretary may reject
any offer made under this subsection if the Secretary
determines that the offer is not adequate or not in the
public interest.
(e) Disposition of Funds.--
(1) Deposit of proceeds.--The Secretary shall
deposit the proceeds of a sale or exchange under
subsection (d) in the fund established under Public Law
90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(2) Use of proceeds.--Funds deposited under
subsection (a) shall be available to the Secretary,
without further Act of appropriation, for--
(A) the acquisition of or interest in land,
or the acquisition of or construction of
facilities, including condominium interests--
(i) to colocate the Boise
laboratory with 1 of the State
institutions of higher learning in the
Boise metropolitan area; and
(ii) to replace other functions of
the Boise laboratory; and
(B) to the extent the funds are not
necessary to carry out paragraph (A), the
acquisition of other land or interests in land
in the State.
TITLE IV--WILDLAND FIRE EMERGENCY APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
For necessary expenses for fire suppression operations,
burned areas rehabilitation, hazardous fuels reduction, and
rural fire assistance by the Department of the Interior,
$353,740,000 to remain available until expended, of which
$21,829,000 is for hazardous fuels reduction, $120,300,000 is
for removal of hazardous fuels to alleviate immediate emergency
threats to urban wildland interface areas as defined by the
Secretary of Interior, $116,611,000 is for wildfire
suppression, $85,000,000 is for burned areas rehabilitation,
and $10,000,000 is for rural fire assistance: Provided, That
using the amounts designated under this title of this Act, the
Secretary of the Interior may enter into procurement contracts,
grants, or cooperative agreements, for hazardous fuels
reduction activities, and for training and monitoring
associated with such hazardous fuels reduction activities, on
Federal land, or on adjacent non-Federal land for activities
that benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between the
Federal government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That in entering into such grants or cooperative agreements,
the Secretary may consider the enhancement of local and small
business employment opportunities for rural communities, and
that in entering into procurement contracts under this section
on a best value basis, the Secretary may take into account the
ability of an entity to enhance local and small business
employment opportunities in rural communities, and that the
Secretary may award procurement contracts, grants, or
cooperative agreements under this section to entities that
include local non-profit entities, Youth Conservation Corps or
related partnerships, or small or disadvantaged businesses:
Provided further, That funds in this account are also available
for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That unobligated balances of amounts
previously appropriated to the ``Fire Protection'' and
``Emergency Department of the Interior Firefighting Fund'' may
be transferred and merged with this appropriation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds
available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or
office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., Protection of
United States Property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided further,
That the entire amount appropriated is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That this
amount shall be made available only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount as an emergency
requirement as defined by such Act, is transmitted by the
President to the Congress.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
For an additional amount to cover necessary expenses for
emergency rehabilitation, hazard reduction activities in the
urban-wildland interface, support to federal emergency
response, repaying firefighting funds borrowed from programs,
and wildfire suppression activities of the Forest Service,
$619,274,000, to remain available until expended, of which
$179,000,000 is for wildfire suppression, $120,000,000 is for
removal of hazardous fuels to alleviate immediate emergency
threats to urban wildland interface areas as defined by the
Secretary of Agriculture, $142,000,000 is for emergency
rehabilitation, $44,000,000 is for capital improvement and
maintenance of fire facilities, $16,000,000 is for research
activities and to make competitive research grants pursuant to
the Forest and Rangeland Renewable Resources Research Act, as
amended (16 U.S.C. 1641 et seq.), $50,494,000 is for state fire
assistance, $8,280,000 is for volunteer fire assistance,
$12,000,000 is for forest health activities on state, private,
and federal lands, $12,500,000 is for economic action programs,
and $35,000,000 is for assistance to non-federal entities most
affected by fire using all existing authorities under the State
and Private Forestry appropriation; and of which $320,274,000
may be transferred to the ``State and Private Forestry'',
``National Forest System'', ``Forest and Rangeland Research'',
and ``Capital Improvement and Maintenance'' accounts to fund
state fire assistance, volunteer fire assistance, and forest
health management, vegetation and watershed management,
heritage site rehabilitation, wildlife and fish habitat
management, trails and facilities maintenance and restoration:
Provided, That transfers of any amounts in excess of those
authorized in this title, shall require approval of the House
and Senate Committees on Appropriations in compliance with
reprogramming procedures contained in House Report No. 105-163:
Provided further, That the costs of implementing any
cooperative agreement between the Federal government and any
non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That in entering into such
grants or cooperative agreements, the Secretary may consider
the enhancement of local and small business employment
opportunities for rural communities, and that in entering into
procurement contracts under this section on a best value basis,
the Secretary may take into account the ability of an entity to
enhance local and small business employment opportunities in
rural communities, and that the Secretary may award procurement
contracts, grants, or cooperative agreements under this section
to entities that include local non-profit entities, Youth
Conservation Corps or related partnerships with State, local or
non-profit youth groups, or small or disadvantaged businesses:
Provided further, That the entire amount appropriated is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That
this amount shall be made available only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount as an emergency
requirement as defined by such Act, is transmitted by the
President to the Congress: Provided further, That:
(1) In expending the funds provided with respect to
this title for hazardous fuels reduction, the Secretary
of the Interior and the Secretary of Agriculture may
conduct fuel reduction treatments on Federal lands
using all contracting and hiring authorities available
to the Secretaries applicable to hazardous fuel
reduction activities under the wildland fire management
accounts. Notwithstanding Federal government
procurement and contracting laws, the Secretaries may
conduct fuel reduction treatments on Federal lands
using grants and cooperative agreements.
Notwithstanding Federal government procurement and
contracting laws, in order to provide employment and
training opportunities to people in rural communities,
the Secretaries may award contracts, including
contracts for monitoring activities, to--
(A) local private, nonprofit, or
cooperative entities;
(B) Youth Conservation Corps crews or
related partnerships, with State, local and
non-profit youth groups;
(C) small or micro-businesses; or
(D) other entities that will hire or train
a significant percentage of local people to
complete such contracts. The authorities
described above relating to contracts, grants,
and cooperative agreements are available until
all funds provided in this title for hazardous
fuels reduction activities in the urban
wildland interface are obligated.
(2) Within 60 days after enactment, the Secretary
of Agriculture and the Secretary of the Interior shall,
after consultation with State and local fire-fighting
agencies, jointly publish in the Federal Register a
list of all urban wildland interface communities, as
defined by the Secretaries, within the vicinity of
Federal lands that are at high risk from wildfire, as
defined by the Secretaries. This list shall include:
(A) an identification of communities around
which hazardous fuel reduction treatments are
ongoing; and
(B) an identification of communities around
which the Secretaries are preparing to begin
treatments in fiscal year 2001.
(3) Prior to May 1, 2001, the Secretary of
Agriculture and the Secretary of the Interior shall
jointly publish in the Federal Register a list of all
urban wildland interface communities, as defined by the
Secretaries, within the vicinity of Federal lands and
at high risk from wildfire that are included in the
list published pursuant to paragraph (2) but that are
not included in subparagraphs (A) and (B) of paragraph
(2), along with an identification of reasons, including
but not limited to lack of available funds, why there
are no treatments ongoing or being prepared for these
communities.
(4) Within 30 days after enactment of this Act, the
Secretary of Agriculture shall publish in the Federal
Register the Forest Service's Cohesive Strategy for
Protecting People and Sustaining Resources in Fire-
Adapted Ecosystems. The documentation required by
section 102(2)(C) of the National Environmental Policy
Act accompanying the proposed regulations revising the
National Forest System transportation policy; proposed
roadless area protection regulation; and proposed
Interior Columbia Basin Project; and the Sierra Nevada
Framework/Sierra Nevada Forest Plan shall contain an
analysis and explanation of any differences between the
Cohesive Strategy and the policies and rule-making
listed in this paragraph. Nothing in this title is
intended or should require a delay in the rule-makings
listed in this paragraph.
(5)(A) Funds provided to the Secretary of
Agriculture by this title and to the Secretary of the
Interior, the Secretary of Commerce, and the Council on
Environmental Quality by this Act and any other
applicable act appropriating funds for fiscal year 2001
shall be used as necessary to establish and implement
the expedited procedures set forth in this paragraph
for decisions to conduct hazardous fuel reduction
treatments pursuant to paragraphs (1) and (2), and any
post-burn treatments within the perimeters of areas
burned by wildfire, on federal lands.
(B) The Secretary of Agriculture, the Secretary of
the Interior, the Secretary of Commerce, and the
Chairman of the Council on Environmental Quality shall
use such funds specified in subparagraph (A) as
necessary to evaluate the need for revised or expedited
environmental compliance procedures including expedited
procedures for the preparation of documentation
required by section 102(2) of the National
Environmental Policy Act (42 U.S.C. 4332(2)) for
treatment decisions referred to in subparagraph (A).
The Secretary of Agriculture, the Secretary of the
Interior, the Chairman of the Council on Environmental
Quality shall report to the relevant congressional
committee of jurisdiction within 60 days of enactment
of this Act to apprise the Congress of the decision to
develop any expedited procedures or adopt or recommend
any other measures. Each Secretary may employ any
expedited procedures developed pursuant to this
subsection for a treatment decision when the Secretary
determines the procedures to be appropriate for the
decision. These procedures shall ensure that the period
of preparation for environmental documentation be
expedited to the maximum extent practicable. Each
Secretary and the Council shall effect any
modifications to existing regulations and guidance as
may be necessary to provide for the expedited
procedures within 180 days of the date of enactment of
this Act.
(C) With the funds specified in subparagraph (A),
the Secretary, as defined in section 3(15) of the
Endangered Species Act of 1973 (16 U.S.C. 1532(15)),
may accord priority as appropriate to consultation or
conferencing under section 7 of such Act (16 U.S.C.
1536) concerning any treatment decision referred to in
subparagraph (A) for which consultation or conferencing
is required.
(D) With the funds specified in subparagraph (A),
administrative review of any treatment decision
referred to in subparagraph (A) shall be conducted as
expeditiously as possible but under no circumstances
shall exceed any statutory deadline applicable to such
review.
(E) No provision in this title shall be construed
to override any existing environmental law.
TITLE V--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For an additional amount for ``Management of Lands and
Resources'', $17,172,000 to remain available until expended, of
which $15,687,000 shall be used to address restoration needs
caused by wildland fires and $1,485,000 shall be used for the
treatment of grasshopper and Mormon Cricket infestations on
lands managed by the Bureau of Land Management: Provided, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
United States Fish and Wildlife Service
resource management
For an additional amount for ``Resource Management'',
$1,500,000, to remain available until expended, for support of
the preparation and implementation of plans, programs, or
agreements, identified by the State of Idaho, that address
habitat for freshwater aquatic species on non-federal lands in
the State voluntarily enrolled in such plans, programs, or
agreements, of which $200,000 shall be made available to the
Boise, Idaho field office to participate in the preparation and
implementation of the plans, programs, or agreements, of which
$300,000 shall be made available to the State of Idaho for
preparation of the plans, programs, or agreements, including
data collection and other activities associated with such
preparation, and of which $1,000,000 shall be made available to
the State of Idaho to fund habitat enhancement, maintenance, or
restoration projects consistent with such plans, programs, or
agreements: Provided, That the entire amount made available
under this paragraph is designated by the Congress as an
emergency requirement under section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
For an additional amount for salmon restoration and
conservation efforts in the State of Maine, $5,000,000, to
remain available until expended, which amount shall be made
available to the National Fish and Wildlife Foundation to carry
out a competitively awarded grant program for State, local, or
other organizations in Maine to fund on-the-ground projects to
further Atlantic salmon conservation or restoration efforts in
coordination with the State of Maine and the Maine Atlantic
Salmon Conservation Plan, including projects to: (1) assist in
land acquisition and conservation easements to benefit Atlantic
salmon; (2) develop irrigation and water use management
measures to minimize any adverse effects on salmon habitat; and
(3) develop and phase in enhanced aquaculture cages to minimize
escape of Atlantic salmon: Provided, That, of the amounts
appropriated under this paragraph, $2,000,000 shall be made
available to the Atlantic Salmon Commission for salmon
restoration and conservation activities, including installing
and upgrading weirs and fish collection facilities, conducting
risk assessments, fish marking, and salmon genetics studies and
testing, and developing and phasing in enhanced aquaculture
cages to minimize escape of Atlantic salmon, and $500,000 shall
be made available to the National Academy of Sciences to
conduct a study of Atlantic salmon: Provided further, That
amounts made available under this paragraph shall be provided
to the National Fish and Wildlife Foundation not later than 15
days after the date of enactment of this Act: Provided further,
That the entire amount made available under this paragraph is
designated by Congress as an emergency requirement under
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
construction
For an additional amount for ``Construction'', $8,500,000,
to remain available until expended, to repair or replace
buildings, equipment, roads, bridges, and water control
structures damaged by natural disasters and conduct critical
habitat restoration directly necessitated by natural disasters:
Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
National Park Service
construction
For an additional amount for ``Construction'', $5,300,000,
to remain available until expended, to repair or replace
visitor facilities, equipment, roads and trails, and cultural
sites and artifacts at national park units damaged by natural
disasters: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $2,700,000, to remain available until expended, to
repair or replace stream monitoring equipment and associated
facilities damaged by natural disasters: Provided, That the
entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Bureau of Indian Affairs
operation of indian programs
For an additional amount for ``Operation of Indian
Programs'', $1,200,000, to remain available until expended, for
repair of the portions of the Yakama Nation's Signal Peak Road
that have the most severe damage: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Office of Special Trustee for American Indians
federal trust programs
For an additional amount for ``Federal Trust Programs'' for
unanticipated trust reform projects and costs related to the
ongoing Cobell litigation, $27,600,000, to remain available
until expended: Provided, That funds provided herein for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the ``Operations of Indian
Programs'' account in the Bureau of Indian Affairs, the
``Salaries and Expenses'' account in the Office of the
Solicitor, the ``Salaries and Expenses'' account in
Departmental Management, the ``Royalty and Offshore Minerals
Management'' account in the Minerals Management Service, and
the ``Management of Lands and Resources'' account in the Bureau
of Land Management: Provided further, That the entire amount
provided under this heading is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
state and private forestry
For an additional amount for the Forest Service,
notwithstanding any other provision of law, $9,294,000 for the
Alaska Railroad for:
(1) safety related track repair, damage, and
control costs from avalanches, hurricane force winds,
and severe winter storms, and
(2) oil spill clean-up, recovery, and remediation
arising out of the related train derailments
during the period of winter blizzards beginning December 21,
1999 for which the President declared a disaster on February
17, 2000 pursuant to the Stafford Act, as amended, (FEMA DR-
1316-AK) as a direct lump sum payment and an additional
$2,000,000 for an avalanche prevention program in the Chugach
National Forest, Kenai National Park, Kenai National Wildlife
Refuge and nearby public lands to remain available until
expended: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
national forest system
For an additional amount for emergency expenses resulting
from damage from windstorms, $7,249,000 to become available
upon enactment of this Act, and to remain available until
expended: Provided, That the entire amount shall be available
only to the extent that the President submits to Congress an
official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
TITLE VI--USER FEES UNDER FOREST SYSTEM RECREATION RESIDENCE PROGRAM
SEC. 601. SHORT TITLE.
This title may be cited as the ``Cabin User Fee Fairness
Act of 2000''.
SEC. 602. FINDINGS.
Congress finds that--
(1) cabins located on forest land have provided a
unique recreation experience to a large number of cabin
owners, their families, and guests each year since
Congress authorized the recreation residence program in
1915; and
(2) the fact that current appraisal procedures
have, in certain circumstances, been inconsistently
applied in determining fair market values for
residential lots demonstrates that problems exist in
accurately reflecting market values.
SEC. 603. PURPOSES.
The purposes of this title are--
(1) to ensure, to the maximum extent practicable,
that the National Forest System recreation residence
program is managed to preserve the opportunity for
individual and family-oriented recreation; and
(2) to develop and implement a more consistent
procedure for determining cabin user fees, taking into
consideration the limitations of an authorization and
other relevant market factors.
SEC. 604. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' means the Forest
Service.
(2) Authorization.--The term ``authorization''
means a special use permit for the use and occupancy of
National Forest System land by a cabin owner under the
authority of the program.
(3) Base cabin user fee.--The term ``base cabin
user fee'' means the fee for an authorization that
results from the appraisal of a lot as determined in
accordance with sections 606 and 607.
(4) Cabin.--The term ``cabin'' means a privately
built and owned recreation residence that is authorized
for use and occupancy on National Forest System land.
(5) Cabin owner.--The term ``cabin owner'' means--
(A) a person authorized by the agency to
use and to occupy a cabin on National Forest
System land; and
(B) an heir or assign of such a person.
(6) Cabin user fee.--The term ``cabin user fee''
means a special use fee paid annually by a cabin owner
to the Secretary in accordance with this title.
(7) Caretaker cabin.--The term ``caretaker cabin''
means a caretaker residence occupied in limited cases
in which caretaker services are necessary to maintain
the security of a tract.
(8) Current cabin user fee.--The term ``current
cabin user fee'' means the most recent cabin user fee
that results from an annual adjustment to the base
cabin user fee in accordance with section 608.
(9) Lot.--The term ``lot'' means a parcel of land
in the National Forest System--
(A) on which a cabin owner is authorized to
build, use, occupy, and maintain a cabin and
related improvements; and
(B) that is considered to be in its
natural, native state at the time at which a
use of the lot described in subparagraph (A) is
first permitted by the Secretary.
(10) Natural, native state.--The term ``natural,
native state'' means the condition of a lot or site,
free of any improvements, at the time at which the lot
or site is first authorized for recreation residence
use by the agency.
(11) Program.--The term ``program'' means the
recreation residence program established under the
authority of the last paragraph under the heading
``forest service'' in the Act of March 4, 1915 (38
Stat. 1101, chapter 144; 16 U.S.C. 497).
(12) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
(13) Tract.--The term ``tract'' means an
established location within a National Forest
containing 1 or more cabins authorized in accordance
with the program.
(14) Tract association.--The term ``tract
association'' means a cabin owner association in which
all cabin owners within a tract are eligible for
membership.
(15) Typical lot.--The term ``typical lot'' means a
cabin lot, or a group of cabin lots, in a tract that is
selected for use in an appraisal as being
representative of, and that has similar value
characteristics as, other lots or groups of lots within
the tract.
SEC. 605. ADMINISTRATION OF RECREATION RESIDENCE PROGRAM.
The Secretary shall ensure, to the maximum extent
practicable, that the basis and procedure for calculating cabin
user fees results in a fee for an authorization that reflects,
in accordance with this title--
(1) the market value of a lot; and
(2) regional and local economic influences.
SEC. 606. APPRAISALS.
(a) Requirements for Conducting Appraisals.--In
implementing and conducting an appraisal process for
determining cabin user fees, the Secretary shall--
(1) complete an inventory of improvements that were
paid for by--
(A) the agency;
(B) third parties; or
(C) cabin owners (or predecessors of cabin
owners);
during the completion of which the Secretary shall
presume that a cabin owner, or a predecessor of the
owner, has paid for the capital costs of any utility,
access, or facility serving the lot being appraised,
unless the Forest Service produces evidence that the
agency or a third party has paid for the capital costs;
(2) establish an appraisal process to determine the
market value of the fee simple estate of a typical lot
or lots considered to be in a natural, native state,
subject to subsection (b)(4)(A);
(3) enter into a contract with an appropriate
professional appraisal organization to manage the
development of specific appraisal guidelines in
accordance with subsection (b), subject to public
comment and congressional review;
(4) require that an appraisal be performed by a
State-certified general real estate appraiser, selected
by the Secretary and licensed to practice in the State
in which the lot is located;
(5) provide the appraiser with appraisal guidelines
developed in accordance with this title;
(6) notwithstanding any other provision of law,
require the appraiser to coordinate the appraisal
closely with affected parties by seeking information,
cooperation, and advice from cabin owners and tract
associations;
(7) require that the appraiser perform the
appraisal in compliance with--
(A) the most current edition of the Uniform
Standards of Professional Appraisal Practice in
effect on the date of the appraisal;
(B) the most current edition of the Uniform
Appraisal Standards for Federal Land
Acquisitions that is in effect on the date of
the appraisal; and
(C) the specific appraisal guidelines
developed in accordance with this title;
(8) require that the appraisal report--
(A) be a full narrative report, in
compliance with the reporting standards of the
Uniform Standards of Professional Appraisal
Practice; and
(B) comply with the reporting guidelines
established by the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(9) before accepting any appraisal, conduct a
review of the appraisal to ensure that the guidelines
made available to the appraiser have been followed and
that the appraised values are properly supported.
(b) Specific Appraisal Guidelines.--In the development of
specific appraisal guidelines in accordance with subsection
(a)(3), the instructions to an appraiser shall require, at a
minimum, the following:
(1) Appraisal of a typical lot.--
(A) In general.--In conducting an appraisal
under this section, the appraiser--
(i) shall not appraise each
individual lot;
(ii) shall appraise a typical lot
or lots, selected by the cabin owners
and the agency in a manner consistent
with the policy of the program; and
(iii) shall be provided, and give
appropriate consideration to, any
information contained in the inventory
of improvements relating to the lot
being appraised.
(B) Estimate of market value of typical
lot.--
(i) In general.--The appraiser
shall estimate the market value of a
typical lot in accordance with this
title.
(ii) Equivalence to legally
subdivided lot.--In selecting a
comparable sale under this title, the
appraiser shall recognize that the
typical lot will not usually be
equivalent to a legally subdivided lot.
(2) Exception for certain sales of land.--In
conducting an appraisal under this title, the
appraiser--
(A) shall not select sales of comparable
land that are sales of land within developed
urban areas; and
(B) should not, in most circumstances,
select a sale of comparable land that includes
land that is encumbered by a conservation or
recreational easement that is held by a
government or institution, except land that is
limited to use as a site for 1 home.
(3) Adjustments for typical value influences.--
(A) In general.--The appraiser shall
consider, and adjust as appropriate, the price
of sales of comparable land for all typical
value influences described in subparagraph (B).
(B) Value influences.--The typical value
influences referred to in subparagraph (A)
include--
(i) differences in the locations of
the parcels;
(ii) accessibility, including
limitations on access attributable to--
(I) weather;
(II) the condition of roads
or trails;
(III) restrictions imposed
by the agency; or
(IV) other factors;
(iii) the presence of marketable
timber;
(iv) limitations on, or the absence
of, services such as law enforcement,
fire control, road maintenance, or snow
plowing;
(v) the condition and regulatory
compliance of any site improvements;
and
(vi) any other typical value
influences described in standard
appraisal literature.
(4) Adjustments to sales of comparable parcels.--
(A) Utilities, access, or facilities.--
(i) Agency.--Utilities, access, or
facilities serving a lot that are
provided by the agency shall be
included as features of the lot being
appraised.
(ii) Cabin owners.--Utilities,
access, or facilities serving a lot
that are provided by the cabin owner
(or a predecessor of the cabin owner)
shall not be included as a feature of
the lot being appraised.
(iii) Third parties.--Utilities,
access, or facilities serving a lot
that are provided by a third party
shall not be included as a feature of
the lot being appraised unless, in
accordance with subsection (a)(1), the
agency determines that the capital
costs have not been or are not being
paid by the cabin owner (or a
predecessor of the cabin owner).
(iv) Withdrawal of utility or
access by agency.--If, during the term
of an authorization, the agency or an
act of God creates a substantial and
materially adverse change in--
(I) the provision or
maintenance of any utility or
access; or
(II) a qualitative feature
of the lot or immediate
surroundings;
the cabin owner shall have the right to
request, and, at the discretion of the
Secretary, obtain a new determination
of the base cabin user fee at the
expense of the agency.
(B) Adjustment for exclusion.--In a case in
which any comparable sale includes utilities,
access, or facilities that are to be excluded
in the appraisal of the subject lot, the price
of the comparable sale shall be adjusted, as
appropriate.
(C) Adjustment process.--
(i) In general.--The appraiser
shall consider and adjust, as
appropriate, the price of each sale of
a comparable parcel for all nonnatural
features referred to in subparagraph
(A)(ii) that--
(I)(aa) are present at, or
add value to, the comparable
parcel; but
(bb) are not present at the
lot being appraised; or
(II) are not included in
the appraisal as described in
subparagraph (A).
(ii) Adjustments.--
(I) In general.--In a case
in which the price of a parcel
sold is to be adjusted in
accordance with subparagraph
(B), the adjustment may be
based on an analysis of market
or cost information or both.
(II) Cost information.--If
cost information is used as the
basis of an adjustment under
subclause (I), the cost
information shall be supported
by direct market evidence.
(iii) Analysis of cost
information.--An analysis of cost
information under clause (ii)(I) should
include allowances, as appropriate, if
the allowances are consistent with--
(I) the Uniform Standards
of Professional Appraisal
Practice in effect on the date
of the analysis; and
(II) the Uniform Appraisal
Standards for Federal Land
Acquisition.
(D) Reappraisal for and recalculation of
base cabin user fee.--Periodically, but not
less often than once every 10 years, the
Secretary shall recalculate the base cabin user
fee (including conducting any reappraisal
required to recalculate the base cabin user
fee).
SEC. 607. CABIN USER FEES.
(a) In General.--The Secretary shall establish the cabin
user fee as the amount that is equal to 5 percent of the market
value of the lot, as determined in accordance with section 606,
reflecting an adjustment to the typical market rate of return
due to restrictions imposed by the permit, including--
(1) the limited term of the authorization;
(2) the absence of significant property rights
normally attached to fee simple ownership; and
(3) the public right of access to, and use of, any
open portion of the lot on which the cabin or other
enclosed improvements are not located.
(b) Fee for Caretaker Cabin.--The base cabin user fee for a
lot on which a caretaker cabin is located shall not be greater
than the base cabin user fee charged for the authorized use of
a similar typical lot in the tract.
(c) Annual Cabin User Fee in the Event of Determination Not
To Reissue Authorization.--If the Secretary determines that an
authorization should not be reissued at the end of a term, the
Secretary shall--
(1) establish as the new base cabin user fee for
the remaining term of the authorization the amount
charged as the cabin user fee in the year that was 10
years before the year in which the authorization
expires; and
(2) calculate the current cabin user fee for each
of the remaining 9 years of the term of the
authorization by multiplying--
(A) \1/10\ of the new base cabin user fee;
by
(B) the number of years remaining in the
term of the authorization after the year for
which the cabin user fee is being calculated.
(d) Annual Cabin User Fee in Event of Changed Conditions.--
If a review of a decision to convert a lot to an alternative
public use indicates that the continuation of the authorization
for use and occupancy of the cabin by the cabin owner is
warranted, and the decision is subsequently reversed, the
Secretary may require the cabin owner to pay any portion of
annual cabin user fees that were forgone as a result of the
expectation of termination of use and occupancy of the cabin by
the cabin owner.
(e) Termination of Fee Obligation in Loss Resulting From
Acts of God or Catastrophic Events.--On a determination by the
agency that, because of an act of God or a catastrophic event,
a lot cannot be safely occupied and the authorization for the
lot should accordingly be terminated, the fee obligation of the
cabin owner shall terminate effective on the date of the
occurrence of the act or event.
SEC. 608. ANNUAL ADJUSTMENT OF CABIN USER FEE.
(a) In General.--The Secretary shall adjust the cabin user
fee annually, using a rolling 5-year average of a published
price index in accordance with subsection (b) or (c) that
reports changes in rural or similar land values in the State,
county, or market area in which the lot is located.
(b) Initial Index.--
(1) In general.--For the period of 10 years
beginning on the date of enactment of this title, the
Secretary shall use changes in agricultural land prices
in the appropriate State or county, as reported in the
Index of Agricultural Land Prices published by the
Department of Agriculture, to determine the annual
adjustment to the cabin user fee in accordance with
subsections (a) and (d).
(2) Statewide changes.--In determining the annual
adjustment to the cabin user fee for an authorization
located in a county in which agricultural land prices
are influenced by the value influences described in
section 606(b)(3), the Secretary shall use average
statewide changes in the State in which the lot is
located.
(c) New Index.--
(1) In general.--Not later than 10 years after the
date of enactment of this title, the Secretary may
select and use an index other than the method of
adjustment of a cabin user fee described in subsection
(b)(2) to adjust a cabin user fee if the Secretary
determines that a different index better reflects
change in the value of a lot over time.
(2) Selection process.--Before selecting a new
index, the Secretary shall--
(A) solicit and consider comments from the
public; and
(B) not later than 60 days before the date
on which the Secretary makes a final index
selection, submit any proposed selection of a
new index to--
(i) the Committee on Resources of
the House of Representatives; and
(ii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(d) Limitation.--In calculating an annual adjustment to the
base cabin user fee as determined by the initial index
described in section (b), the Secretary shall--
(1) limit any annual fee adjustment to an amount
that is not more than 5 percent per year when the
change in agricultural land values exceeds 5 percent in
any 1 year; and
(2) apply the amount of any adjustment that exceeds
5 percent to the annual fee payment for the next year
in which the change in the index factor is less than 5
percent.
SEC. 609. PAYMENT OF CABIN USER FEES.
(a) Due Date for Payment of Fees.--A cabin user fee shall
be prepaid annually by the cabin owner.
(b) Payment of Equal or Lesser Fee.--If, in accordance with
section 607, the Secretary determines that the amount of a new
base cabin user fee is equal to or less than the amount of the
current base cabin user fee, the Secretary shall require
payment of the new base cabin user fee by the cabin owner in
accordance with subsection (a).
(c) Payment of Greater Fee.--If, in accordance with section
607, the Secretary determines that the amount of a new base
cabin user fee is greater than the amount of the current base
cabin user fee, the Secretary shall--
(1) require full payment of the new base cabin user
fee in the first year following completion of the fee
determination procedure if the increase in the amount
of the new base cabin user fee is not more than 100
percent of the current base cabin user fee; or
(2) phase in the increase over the current base
cabin user fee in approximately equal increments over 3
years if the increase in the amount of the new base
cabin user fee is more than 100 percent of the current
base cabin user fee.
SEC. 610. RIGHT OF SECOND APPRAISAL.
(a) Right of Second Appraisal.--On receipt of notice from
the Secretary of the determination of a new base cabin user
fee, the cabin owner--
(1) not later than 60 days after the date on which
the notice is received, may notify the Secretary of the
intent of the cabin owner to obtain a second appraisal;
and
(2) may obtain, within 1 year following the date of
receipt of the notice under this subsection, at the
expense of the cabin owner, a second appraisal of the
typical lot on which the initial appraisal was
conducted.
(b) Conduct of Second Appraisal.--In conducting a second
appraisal, the appraiser selected by the cabin owner shall--
(1) have qualifications equivalent to the appraiser
that conducted the initial appraisal in accordance with
section 606(a)(4);
(2) use the appraisal guidelines used in the
initial appraisal in accordance with section 606(a)(5);
(3) consider all relevant factors in accordance
with this title (including guidelines developed under
section 606(a)(3)); and
(4) notify the Secretary of any material
differences of fact or opinion between the initial
appraisal conducted by the agency and the second
appraisal.
(c) Request for Reconsideration of Base Cabin User Fee.--A
cabin owner shall submit to the Secretary any request for
reconsideration of the base cabin user fee, based on the
results of the second appraisal, not later than 60 days after
the receipt of the report for the second appraisal.
(d) Reconsideration of Base Cabin User Fee.--On receipt of
a request from the cabin owner under subsection (c) for
reconsideration of a base cabin user fee, not later than 60
days after the date of receipt of the request, the Secretary
shall--
(1) review the initial appraisal of the agency;
(2) review the results and commentary from the
second appraisal;
(3) determine a new base cabin user fee in an
amount that is--
(A) equal to the base cabin user fee
determined by the initial or the second
appraisal; or
(B) within the range of values, if any,
between the initial and second appraisals; and
(4) notify the cabin owner of the amount of the new
base cabin user fee.
SEC. 611. RIGHT OF APPEAL AND JUDICIAL REVIEW.
(a) Right of Appeal.--Notwithstanding any action of a cabin
owner to exercise rights in accordance with section 610, the
Secretary shall by regulation grant the cabin owner the right
to an administrative appeal of the determination of a new base
cabin user fee.
(b) Judicial Review.--A cabin owner that is adversely
affected by a final decision of the Secretary under this title
may bring a civil action in United States district court.
SEC. 612. CONSISTENCY WITH OTHER LAW AND RIGHTS.
(a) Consistency With Rights of the United States.--Nothing
in this title limits or restricts any right, title, or interest
of the United States in or to any land or resource.
(b) Special Rule for Alaska.--In determining a cabin user
fee in the State of Alaska, the Secretary shall not establish
or impose a cabin user fee or a condition affecting a cabin
user fee that is inconsistent with 1303(d) of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3193(d)).
SEC. 613. REGULATIONS.
Not later than 2 years after the date of enactment of this
title, the Secretary shall promulgate regulations to carry out
this title.
SEC. 614. TRANSITION PROVISIONS.
(a) Assessment of Annual Fees.--For the period of time
determined under subsection (b), the Secretary shall charge
each cabin owner an annual fee as follows:
(1) Lots not appraised since september 30, 1995.--
For a lot that has not been appraised since September
30, 1995, the annual fee shall be equal to the amount
of the annual fee in effect on the date of enactment of
this title, adjusted annually to reflect changes in the
Implicit Price Deflator-Gross National Product Index.
(2) Lots appraised on or after september 30,
1995.--
(A) In general.--Except as provided in
subparagraph (B), for a lot that has been
appraised on or after September 30, 1995, the
annual fee shall be equal to the amount of the
fee in effect on the date of enactment of this
title, adjusted annually to reflect changes in
the Implicit Price Deflator-Gross National
Product Index.
(B) Appraisals resulting in base fee
increase.--
(i) In general.--Except as provided
in clause (ii), for a lot that has been
appraised on or after September 30,
1995, for which the appraisal resulted
in an increase of the base fee by an
amount greater than $3,000, the annual
fee shall be equal to the sum of $3,000
plus the amount of the annual fee in
effect on October 1, 1996, adjusted
annually to reflect the percentage
change in the Implicit Price Deflator-
Gross National Product Index.
(ii) Fees paid after request of new
appraisal or peer review.--If--
(I) the cabin owner of a
lot described in clause (i)
requests a new appraisal or
peer review under subsection
(c); and
(II) the base cabin user
fee established as a result of
the appraisal or peer review is
determined to be an amount that
is 90 percent or more of the
fee in effect for the lot as
determined by an appraisal
conducted on or after September
30, 1995;
the Secretary shall charge the cabin
owner, in addition to the annual fee
that would otherwise have been due
under section 609, the difference
between the base cabin user fee
determined through the conduct of the
new appraisal or peer review and the
annual fee that would otherwise have
been due under section 609, to be
assessed retroactively for each year
beginning with the year in which the
previous appraisal was conducted, and
to be paid in 3 equal annual
installments.
(b) Term.--
(1) Lots not appraised since september 30, 1995.--
For a lot that has not been appraised since September
30, 1995, the Secretary shall charge fees in accordance
with subsection (a)(2)(A) until--
(A) a base cabin user fee is determined in
accordance with--
(i) this title; or
(ii) regulations and policies in
effect on the date of enactment of this
title; and
(B) the right of the cabin owner to a
second appraisal under section 610 is
exhausted.
(2) Lots appraised on or after september 30,
1995.--For a lot that has been appraised on or after
September 30, 1995, the Secretary shall charge fees
under subsection (a)(2) until--
(A) the cabin owner requests a new
appraisal or peer review, and a base cabin user
fee is established, under subsection (c); or
(B) in the absence of a request for a peer
review or a new appraisal under subsection (c),
the date that is 2 years after the date on
which the Forest Service promulgates
regulations and policies and develops appraisal
guidelines under this title.
(c) Request For New Appraisal Under New Law.--
(1) In general.--Not later than 2 years after the
promulgation of final regulations and policies and the
development of appraisal guidelines in accordance with
section 606(a)(5), cabin owners that are subject to
appraisals completed after September 30, 1995, but
before the date of promulgation of final regulations
under section 613, may request, in accordance with
paragraph (2), that the Secretary--
(A) conduct a new appraisal and determine a
new base cabin user fee in accordance with this
title; or
(B) commission a peer review of the
existing appraisals in accordance with
paragraph (4).
(2) Appraisal groupings by typical lot.--A request
for a new appraisal or for a peer review of existing
appraisals under paragraph (1) shall be made by a
majority of the cabin owners in a group of cabins
represented in the appraisal process by a typical lot.
(3) Conduct of new appraisal.--On receipt of a
request for an appraisal and fee determination in
accordance with paragraph (2), the Secretary shall
conduct the new appraisal and fee determination in
accordance with this title.
(4) Peer review of existing appraisals.--
(A) In general.--On receipt of a request
for peer review in accordance with paragraph
(2), the Secretary shall obtain from an
independent professional appraisal organization
a review of the appraisal (including any report
on the appraisal) that was used to establish
the estimated fee simple value of the lots
within the subject grouping.
(B) Inconsistency.--If peer review
described in subparagraph (A) results in a
determination that an appraisal or appraisal
report includes provisions or procedures that
were implemented or conducted in a manner
inconsistent with this title, the Secretary
shall, as appropriate and in accordance with
this title--
(i) revise an existing base cabin
user fee; or
(ii) subject to an agreement with
the cabin owners, conduct a new
appraisal and fee determination.
(5) Payment of costs.--Cabin owners and the
Secretary shall share, in equal proportion, the payment
of all reasonable costs of any new appraisal or peer
review.
(d) Assumption of New Base Cabin User Fee.--In the absence
of a request under subsection (c) for a new appraisal and fee
determination from a cabin owner whose cabin user fee was
determined as a result of an appraisal conducted after
September 30, 1995, but before the date of promulgation of
final regulations under section 613, the Secretary may consider
the base cabin user fee resulting from the appraisal conducted
between September 30, 1995 and the date of promulgation of the
final regulations under section 613 to be the base cabin user
fee that complies with this section.
TITLE VII--TREATMENT OF CERTAIN FUNDS FOR MINER BENEFITS
Sec. 701. (a) Reallocation of Interest.--Notwithstanding
any other provision of law, interest credited to the fund
established by section 401 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231) for fiscal years 1992
through 1995 not transferred to the Combined Fund identified in
section 402(h)(2) of such Act prior to the date of enactment of
this Act shall be transferred to such Combined Fund--
(1) in such amounts as estimated by the trustees of
such Fund to offset the amount of any deficit in net
assets in the Combined Fund through August 31, 2001;
(2) in the amount of $2,200,000 for the purpose of
the Combined Fund providing a refund of any premium (as
described in section 9704(a) of the Internal Revenue
Code of 1988), on a proportional basis, to those
signatory operators or any related persons to such
operators (as defined in section 9701(c) of the
Internal Revenue Code of 1988) who have been denied
such refunds as the result of final judgments or
settlements if prior to the date of enactment of this
Act such signatory operator (or any related persons to
such operator)--
(A) had all of its beneficiary assignments
made under section 9706 of the Internal Revenue
Code of 1986 voided by the Commissioner of the
Social Security Administration;
(B) was subject to a final judgment or
final settlement of litigation adverse to a
claim by such operator that the assignment of
beneficiaries under section 9706 of the
Internal Revenue Code of 1986 was
unconstitutional as applied to it; and
(C) paid to the Combined Fund any premium
amount that had not been refunded; and
(3) in such amounts as necessary for the purpose of
the Combined Fund providing a monthly refund of any
premium (as described in section 9704(a) of the
Internal Revenue Code of 1986) paid by an assigned
operator (as defined by section 9701(c)(5) of the
Internal Revenue Code of 1986) commencing with the
first monthly premium due date after the date of
enactment of this Act and ending August 31, 2001, if
according to the records of the Combined Fund such
operator (or any related persons of such operator)--
(A) was not a signatory to the 1981 or
later National Bituminous Coal Wage Agreement
or any ``me too'' agreement related to such
Coal Wage Agreement;
(B) reported credit hours to the UMWA 1974
Pension Plan on fewer than ten classified mine
workers in every month during its last year of
operations under the National Bituminous Coal
Wage Agreement of 1978 or any ``me too''
agreement related to such Coal Wage Agreement;
(C) has had not more than 60 beneficiaries,
including eligible dependents of retired
miners, assigned to it under section 9706 of
the Internal Revenue Code of 1986 not including
beneficiary assignments relieved by the Social
Security Administration;
(D) was assessed premiums by the Combined
Fund in October 1999, made payments pursuant to
that assessment and has no delinquency as of
September 30, 2000; and
(E) is not directly engaged in the
production or sale of coal and has no related
person engaged in the production of coal as of
September 30, 2000.
(b) Separability Clause.--If any provision of this title or
the application thereof to any person or circumstances is held
invalid, the remainder of the title and the application of such
provision to other persons or circumstances shall not be
affected thereby.
TITLE VIII--LAND CONSERVATION, PRESERVATION AND INFRASTRUCTURE
IMPROVEMENT
For activities authorized by law for the acquisition,
conservation, and maintenance of Federal and non-Federal lands
and resources, and for Payments in Lieu of Taxes, in addition
to the amounts provided under previous titles of this Act,
$686,000,000, to remain available until expended, of which
$179,000,000 is for the acquisition of lands or interests in
lands; and of which $50,000,000 is for ``National Park Service,
Land Acquisition and State Assistance'' for the state
assistance program; and of which $20,000,000 is for ``Forest
Service, National Forest System'' for inventory and monitoring
activities and planning; and of which $78,000,000 is for
``United States Fish and Wildlife Service, Cooperative
Endangered Species Fund''; and of which $20,000,000 is for
``United States Fish and Wildlife Service, North American
Wetlands Conservation Fund''; and of which $20,000,000 is for
``United States Geological Survey, Surveys, Investigations, and
Research'' for science and cooperative programs; and of which
$30,000,000 is for ``Forest Service, State and Private
Forestry'' for the Forest Legacy program; and of which
$50,000,000 is for ``United States Fish and Wildlife Service,
State Wildlife Grants''; and of which $20,000,000 is for
``National Park Service, Urban Park and Recreation Fund''; and
of which $15,000,000 is for ``National Park Service, Historic
Preservation Fund'' for grants to states and Indian tribes; and
of which $4,000,000 is for ``Forest Service, State and Private
Forestry'' for urban and community forestry programs; and of
which $50,000,000 is for ``Bureau of Land Management, Payments
in Lieu of Taxes''; and of which $150,000,000 is for ``Federal
Infrastructure Improvement'' for the deferred maintenance needs
of the Federal land management agencies: Provided, That of the
funds provided under this heading for the acquisition of lands
or interests in lands, $130,000,000 shall be available to the
Department of the Interior and $49,000,000 shall be available
to the Department of Agriculture, Forest Service: Provided
further, That none of the funds provided under this heading for
the acquisition of lands or interests in lands shall be
available until the House Committee on Appropriations and the
Senate Committee on Appropriations provide to the Secretaries,
in writing, a list of specific acquisitions to be undertaken
with such funds: Provided further, That of the funds provided
under this heading for ``Federal Infrastructure Improvement''
for the deferred maintenance needs of the Federal land
management agencies, $25,000,000 shall be for the Bureau of
Land Management, $25,000,000 shall be for the United States
Fish and Wildlife Service, $50,000,000 shall be for the
National Park Service and $50,000,000 shall be for the Forest
Service.
Sec. 801. (a) Categories.--Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(c)) is amended--
(1) in paragraph (6), by--
(A) in subparagraph (B), by striking
``and'' after the semicolon;
(B) in subparagraph (C), by inserting
``and'' after the semicolon; and
(C) adding at the end the following:
``(D) for the conservation spending
category: $1,760,000,000, in new budget
authority and $1,232,000,000 in outlays;'';
(2) in paragraph (7), by--
(A) in subparagraph (A), by striking
``and'' after the semicolon;
(B) in subparagraph (B), by striking the
period and inserting ``; and''; and
(C) adding at the end the following:
``(C) for the conservation spending
category: $1,920,000,000, in new budget
authority and $1,872,000,000 in outlays;''; and
(3) by inserting after paragraph (7) the following:
``(8) with respect to fiscal year 2004 for the
conservation spending category: $2,080,000,000, in new
budget authority and $2,032,000,000 in outlays;
``(9) with respect to fiscal year 2005 for the
conservation spending category: $2,240,000,000, in new
budget authority and $2,192,000,000 in outlays;
``(10) with respect to fiscal year 2006 for the
conservation spending category: $2,400,000,000, in new
budget authority and $2,352,000,000 in outlays;
``(11) with respect to each fiscal year 2002
through 2006 for the Federal and State Land and Water
Conservation Fund sub-category of the conservation
spending category: $540,000,000 in new budget authority
and the outlays flowing therefrom;
``(12) with respect to each fiscal year 2002
through 2006 for the State and Other Conservation sub-
category of the conservation spending category:
$300,000,000 in new budget authority and the outlays
flowing therefrom;
``(13) with respect to each fiscal year 2002
through 2006 for the Urban and Historic Preservation
sub-category of the conservation spending category:
$160,000,000 in new budget authority and the outlays
flowing therefrom;
``(14) with respect to each fiscal year 2002
through 2006 for the Payments in Lieu of Taxes sub-
category of the conservation spending category:
$50,000,000 in new budget authority and the outlays
flowing therefrom;
``(15) with respect to each fiscal year 2002
through 2006 for the Federal Deferred Maintenance sub-
category of the conservation spending category:
$150,000,000 in new budget authority and the outlays
flowing therefrom;
``(16) with respect to fiscal year 2002 for the
Coastal Assistance sub-category of the conservation
spending category: $440,000,000 in new budget authority
and the outlays flowing therefrom; with respect to
fiscal year 2003 for the Coastal Assistance sub-
category of the conservation spending category:
$480,000,000 in new budget authority and the outlays
flowing therefrom; with respect to fiscal year 2004 for
the Coastal Assistance sub-category of the conservation
spending category: $520,000,000 in new budget authority
and the outlays flowing therefrom; with respect to
fiscal year 2005 for the Coastal Assistance sub-
category of the conservation spending category:
$560,000,000 in new budget authority and the outlays
flowing therefrom; and with respect to fiscal year 2006
for the Coastal Assistance sub-category of the
conservation spending category: $600,000,000 in new
budget authority and the outlays flowing therefrom;''.
(b) Addition to Discretionary Spending Limits.--Section
251(b)(2) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the
end the following:
``(H) Conservation spending.--(i) If a bill
or resolution making appropriations for any
fiscal year appropriates an amount for the
conservation spending category that is less
than the limit for the conservation spending
category as specified in subsection (c), then
the adjustment for new budget authority and
outlays for the following fiscal year for that
category shall be the amount of new budget
authority and outlays that equals the
difference between the amount appropriated and
the amount of that category specified in
subsection (c).
``(ii) If a bill or resolution making
appropriations for any fiscal year appropriates
an amount for any conservation spending sub-
category that is less than the limit for that
conservation spending sub-category as specified
in subsections (c)(11)-(c)(16), then the
adjustment for new budget authority for the
following fiscal year for that sub-category
shall be the amount of new budget authority
that equals the difference between the amount
appropriated and the amount of that sub-
category specified in subsection (c)(11)-
(c)(16).
``(iii) The total amount provided for any
conservation activity within the conservation
spending category may not exceed any authorized
ceiling for that activity.''.
(c) Categories Defined.--Section 250(c)(4) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(4)) is amended by adding at the end the following:
``(E) The term `conservation spending
category' means discretionary appropriations
for conservation activities in the following
budget accounts or portions thereof providing
appropriations to preserve and protect lands,
habitat, wildlife, and other natural resources,
to provide recreational opportunities, and for
related purposes:
``(i) 14-5033 Bureau of Land
Management Land Acquisition.
``(ii) 14-5020 Fish and Wildlife
Service Land Acquisition.
``(iii) 14-5035 National Park
Service Land Acquisition and State
Assistance.
``(iv) 12-9923 Forest Service Land
Acquisition.
``(v) 14-5143 Fish and Wildlife
Service Cooperative Endangered Species
Conservation Fund.
``(vi) 14-5241 Fish and Wildlife
Service North American Wetlands
Conservation Fund.
``(vii) 14-1694 Fish and Wildlife
Service State Wildlife Grants.
``(viii) 14-0804 United States
Geological Survey Surveys,
Investigations, and Research, the State
Planning Partnership programs:
Community/Federal Information
Partnership, Urban Dynamics, and
Decision Support for Resource
Management.
``(ix) 12-1105 Forest Service State
and Private Forestry, the Forest Legacy
Program, Urban and Community Forestry,
and Smart Growth Partnerships.
``(x) 14-1031 National Park Service
Urban Park and Recreation Recovery
program.
``(xi) 14-5140 National Park
Service Historic Preservation Fund.
``(xii) Youth Conservation Corps.
``(xiii) 14-1114 Bureau of Land
Management Payments in Lieu of Taxes.
``(xiv) Federal Infrastructure
Improvement (as established in title
VIII of the Department of the Interior
and Related Agencies Appropriations
Act, 2001).
``(xv) 13-1460 NOAA Procurement
Acquisition and Construction, the
National Marine Sanctuaries and the
National Estuarine Research Reserve
Systems.
``(xvi) 13-1450 NOAA Operations,
Research, and Facilities, the Coastal
Zone Management Act programs, the
National Marine Sanctuaries, the
National Estuarine Research Reserve
Systems, and Coral Restoration
programs.
``(xvii) 13-1451 NOAA Pacific
Coastal Salmon Recovery.
``(F) The term `Federal and State Land and
Water Conservation Fund sub-category' means
discretionary appropriations for activities in
the accounts described in (E)(i)-(E)(iv) or
portions thereof.
``(G) The term `State and Other
Conservation sub-category' means discretionary
appropriations for activities in the accounts
described in (E)(v)-(E)(ix), with the exception
of Urban and Community Forestry as described in
(E)(ix), or portions thereof.
``(H) The term `Urban and Historic
Preservation sub-category' means discretionary
appropriations for activities in the accounts
described in (E)(ix)-(E)(xii), with the
exception of Forest Legacy and Smart Growth
Partnerships as described in (E)(ix), or
portions thereof.
``(I) The term `Payments in Lieu of Taxes
sub-category' means discretionary
appropriations for activities in the account
described in (E)(xiii) or portions thereof.
``(J) The term `Federal Deferred
Maintenance sub-category' means discretionary
appropriations for activities in the account
described in (E)(xiv) or portions thereof.
``(K) The term `Coastal Assistance sub-
category' means discretionary appropriations
for activities in the accounts described in
(E)(xv)-(E)(xvii) or portions thereof.''.
TITLE IX
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
For deposit of an additional amount into the account
established under section 3113(d) of title 31, United States
Code, to reduce the public debt, $5,000,000,000.
This Act may be cited as the ``Department of the Interior
and Related Agencies Appropriations Act, 2001''.
And the Senate agree to the same.
Ralph Regula,
Jim Kolbe,
Joe Skeen,
Charles H. Taylor,
George R. Nethercutt, Jr.,
Zach Wamp,
Jack Kingston,
John E. Peterson,
Bill Young,
Norman Dicks,
John P. Murtha,
James P. Moran,
Bud Cramer,
Maurice D. Hinchey,
David R. Obey,
Managers on Part of the House.
Slade Gorton,
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Conrad Burns,
Robert F. Bennett,
Judd Gregg,
Ben Nighthorse Campbell,
Robert C. Byrd,
Patrick Leahy,
Fritz Hollings,
Harry Reid,
Byron L. Dorgan,
Herb Kohl,
Dianne Feinstein,
Managers on Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4578), making
appropriations for the Department of the Interior and Related
Agencies for the fiscal year ending September 30, 2001, and for
other purposes, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report.
The conference agreement on H.R. 4578 incorporates some
of the provisions of both the House and the Senate versions of
the bill. Report language and allocations set forth in either
House Report 106-646 or Senate Report 106-312 that are not
changed by the conference are approved by the committee of
conference. The statement of the managers, while repeating some
report language for emphasis, does not negate the language
referenced above unless expressly provided herein.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
The conference agreement provides $709,733,000 for
management of lands and resources instead of $670,571,000 as
proposed by the House and $689,133,000 as proposed by the
Senate.
Increases above the House for land resources include
$1,500,000 for noxious weeds, $500,000 for the national
laboratory grazing study, $500,000 for Montana State University
weed program, $750,000 for Idaho weed control, $50,000 for
petroglyphs protection and $4,000,000 for the horse and burro
program.
Increases above the House for wildlife and fisheries
include $900,000 for Yukon River salmon and $500,000 for the
National Fish and Wildlife Foundation.
Increases above the House for threatened and endangered
species include $2,000,000 for the sagebrush and prairie
grasslands.
Increases above the House for recreation management
include $1,000,000 for Missouri River activities associated
with the Lewis and Clark Bicentennial celebration, $500,000 for
the Missouri River undaunted stewardship program and $8,000,000
for public land treasures.
The managers have provided an additional $8,000,000 for
public land treasures under recreation resources management, of
which $5,000,000 is for National conservation areas and
$3,000,000 is for National historic trails and scenic rivers.
These funds should be allocated to the appropriate activities
and subactivities as proposed in the Bureau's budget request.
Increases above the House for energy and minerals include
$1,000,000 for the minerals at risk program, $700,000 for the
development of a mining claim information system in Alaska, and
$500,000 for a coalbed methane EIS in Montana.
Increases above the House for realty and ownership
management include $847,000 for uncontrollable costs, $145,000
for rights of way backlog, $650,000 for the Montana cadastral
project, $300,000 for the Utah geographic reference project,
and $2,400,000 for Alaska conveyance.
Increases above the House for resources protection and
maintenance include $130,000 for additional personnel,
$10,000,000 for updating land management plans, and a $750,000
addition to the base program.
Increases above the House level for transportation and
facilities maintenance include an increase of $1,540,000 for
deferred maintenance.
Increases above the House level for mining law
administration include $799,000 for uncontrollable costs and
$163,000 for program delivery.
The managers have provided a total increase of
$19,000,000 for land use planning. At the request of the
Bureau, the managers have agreed to place the entire amount in
the land use planning subactivity instead of distributing these
funds across numerous subactivities as was presented in the
budget request. This should allow for a simpler accounting,
fund distribution, and management of these funds within the
Bureau. However, the managers expect the Bureau to inform the
House and Senate Committees on Appropriations prior to making
any significant changes from the land use priorities presented
in the budget request. It is expected that these funds will be
allocated primarily to those plans at greatest risk of legal
challenge.
Instead of $500,000 within available funds for the
Montana Bureau of Mines and Geology, Montana Tech University to
perform an assessment of coal bed methane (CBM) development on
water resources in the Powder River Basin as proposed by the
Senate, the managers have included an additional $500,000 to
prepare an EIS for future CBM and conventional oil and gas
development in the Montana portion of the Powder River Basin.
The managers expect that this EIS will address the impacts of
CBM development on water resources in the Basin and that the
agency will contract with entities such as Montana Tech
University who have existing agreements with the agency for
work of this nature.
The managers have provided $500,000 for the Undaunted
Stewardship program, which will allow for local input and
participation in grants to protect historic sites along the
Lewis and Clark Trail. This program is designed to provide
educational courses, develop best management practices, and
establish conservation easements. This program is to be
cooperatively administered by the Bureau and Montana State
University.
The managers have provided an additional $9,000,000 for
the implementation of the Bureau's new horse and burro strategy
to achieve appropriate management levels of wild horse and
burro populations on all herd management areas by 2005. This is
the first time the Bureau has developed a scientific strategy
with detailed program cost analysis based on extensive use of a
wild horse and burro population model. This population model
has been validated by the university community and the
Biological Resources Division of the U.S. Geological Survey.
The Managers direct that as part of the Bureau's annual budget
request to the Congress, the Bureau provide an annual report on
its progress towards achieving appropriate management levels.
The managers have clarified language contained in House
report 106-646 dealing with wilderness reinventory efforts by
the Bureau. The House language was meant to apply only to the
State of Utah where the Bureau has already completed its
wilderness reinventory. The managers urge the Bureau to brief
the Congress, as appropriate, prior to commencing any new
large-scale wilderness inventory in Utah.
The managers are pleased with the work the land managing
agencies are doing in the area of bat conservation. The
managers understand that the North American Strategic Plan for
Bat Conservation is on the verge of completion. The managers
recommend that the land management agencies cooperatively
review this plan and are encouraged to develop implementation
strategies when it is finalized. In addition, the agencies
should continue to develop and implement cooperative cost-
sharing bat conservation efforts with the States, Mexico and
Canada, as well as non-governmental partners. Lastly, the
agencies are encouraged to fund jointly a Federal bat
coordinator position to help oversee the vast array of Federal
and non-Federal bat conservation projects.
The managers encourage the Bureau to work with the Waste
Management Education and Research Consortium (WERC) at New
Mexico State University in addressing the problem of abandoned
mine sites in the western United States. WERC can assist the
Bureau by helping to establish a science-based inventory of
abandoned mine sites and recommend priorities for remediation.
The managers encourage the BLM to conduct a full
investigation, including review of documents and evidence
provided by the Voisin family to determine if the government
transferred the ownership of Last Island, Louisiana while the
property was owned by ancestors of the Voisin family. Should
the BLM determine that the property was transferred
inappropriately, the report shall include recommendations for
the resolution of this issue.
wildland fire management
The conference agreement provides $625,513,000 for
wildland fire management instead of $292,197,000 as proposed by
the House and $292,679,000 as proposed by the Senate.
Changes to the House included increases of $132,834,000
for preparedness and $482,000 for an Alaska rural fire
suppression program. The managers have also included a
contingent emergency appropriation of $200,000,000 as an
emergency contingency reserve to ensure adequate funding is
available to fund critical fire programs in fiscal year 2001.
The managers recognize that the severity of the 2000 fire
season is attributable to a variety of factors including
unusual weather conditions and accumulated wildland fuels that
overwhelmed available Federal agency resources. To prepare
better for fires in 2001 and beyond, the managers propose
significant improvements to preparedness, fuels treatments, and
other aspects of fire management. For the Department of the
Interior, the managers provide a total of $979,253,000 in both
emergency and non-emergency funds for: the Department's revised
calculation for normal year readiness and certain one-time
improvements to preparedness capability; a greatly expanded
fuels treatment program that places primary emphasis on
community protection; stabilization and rehabilitation of
burned areas; and community assistance programs that may be
used to develop local capability and homeowner education. The
following discussion includes instructions pertaining to both
the title I wildfire funds as well as title IV wildfire funds.
The managers have provided $625,513,000 in Title I for
wildland fire management, of which $315,406,000 in non-
emergency funds for preparedness, an increase of $133,316,000
over the budget request. The conference agreement includes a
$200,000,000 emergency contingency reserve, to ensure that
adequate funds are immediately available to fund these critical
programs in FY 2001. The managers have included in title IV for
wildland fire management an emergency appropriation of
$353,740,000 which includes $116,611,000 for wildfire
suppression, $142,129,000 for hazardous fuels, $85,000,000 for
emergency stabilization and rehabilitation, and $10,000,000 for
a new rural fire assistance program. The managers strongly
believe that this FY 2001 funding will only be of value in
increasing the Nation's firefighting capability and ability to
protect communities if it is sustained in future years.
The managers direct the Departments of the Interior and
Agriculture to continue to work together to formulate
complementary budget requests that reflect the same principles
and budget organization. In addition, the managers expect the
agencies to seek the advice of governors and local and tribal
government representatives in setting priorities for fuels
treatments, burned area rehabilitation, and public outreach and
education.
Wildland fire preparedness
For wildland fire preparedness, the managers provide
$315,406,000 as a non-emergency appropriation in title I,
$132,834,000 above the Senate, including: $254,838,000 for
readiness and program management, $8,000,000 for fire sciences,
$30,000,000 for deferred maintenance and capital improvement,
$22,086,000 for one-time capital investments, and $482,000 for
a rural Alaska fire suppression program.
The managers understand that the increased scope and
intensity of the 1999 and 2000 fire seasons, as well as the
increased frequency and severity of fires over the preceding
decade, have led Federal fire managers to reassess the
assumptions underlying an average fire season. Based on actual
experience, especially over the past two years, Federal fire
managers have concluded that the variables used to determine
the optimal level of preparedness need to be revised. Numerous
variables, including changing assumptions about fire personnel,
deployment strategies and other factors affecting cost
calculations underlie the recommendations in the agencies'
recent report to the President. For example, the duration of
the average fire season has steadily increased--by two to three
months--over the past several years. The expanded fire season
increases the duration of the season for which fire employees
are paid and results in increased personnel costs.
The managers support the conclusions of wildfire managers
that initial attack capability should be increased to address
the number and severity of wildfires that have burned the
landscape over the past few years. To address this revised
assumption, the managers support full funding for: eight new
hotshot crews that will be used for both initial attack on
small fires and extended attack on larger fires; twenty new
smokejumpers that serve as the primary initial attack force in
remote areas; and additional air resources.
Recent experience dictates the need to increase staffing
for engines from the current level of five days a week to seven
days a week to combat the increasingly volatile fire season.
Fire managers have also concluded that more of the firefighting
workforce should be permanent seasonal, an employment status
that entitles workers to benefits not earned by temporary
employees. The managers support the recommendation to convert
more than 1,000 positions to permanent seasonal status, as a
retention incentive to ensure that a sustained cadre of
professional firefighters is available when needed. This
increase in overall readiness costs should prove beneficial in
the long run to the government's ability to address fire
readiness, overall program management, and reduce overall costs
by putting out wildfires when they are small.
It is the managers' understanding that readiness and
program management cost calculations have increased due to
changes in resource objectives such as protection of newly
discovered cultural artifacts and new land ownership patterns.
In recent years costs associated with human settlement into the
urban-wildland interface have risen faster than models could
accurately describe and are underrepresented in average cost
calculations. The managers also understand that additional
wildfire management personnel will require additional equipment
and appropriate work environments, and that work conditions
must emphasize firefighter and public safety. Therefore, the
managers have included within the preparedness activity
sufficient resources to provide the equipment, office, and
storage space necessary to provide safe and efficient
operations. Additional funds provided under this appropriation
for facilities are to be used to fund the highest priority
health and safety needs, as identified in the Department's
five-year plan for deferred maintenance and capital
improvements.
The managers support an acceleration of research
activities and expanded emphasis for the Joint Fire Science
Program and have provided an additional $4,000,000 respectively
to the Departments of the Interior and Agriculture to support
the recommendations regarding scientific support for fuels
treatments and other science needs beyond hazardous fuels.
These funds are in addition to the $4,000,000 provided for each
agency as part of the Administration's original budget request.
Additional funds should be used for such efforts as increased
rapid response projects to ensure necessary resources are
available for testing and evaluation of post-fire
rehabilitation, assessment of post-fire and fire behavior
effects, use of aircraft-based remote sensing operations,
implementation of protocols for evaluating post-fire
stabilization and rehabilitation, and the development of
effective means for collecting and disseminating information
about treatment techniques. The managers expect the increased
funds to be made available to the Joint Fire Science activities
of the Departments for the direct benefit of fire management
programs, including burned area rehabilitation.
One means of directly benefiting wildfire management
programs is to address locally and regionally important science
and technology needs associated with wildfire management and
suppression, fuels management, and post-fire rehabilitation
without requiring national-level requests for proposals. Thus,
the managers expect the Joint Fire Sciences Governing Board to
make a significant portion of the increased funds directly
available to the fire management programs of the Agriculture
and Interior Departments to fund projects that directly address
locally and regionally important science and technology needs
associated with fire management and suppression, fuels
management, and post-fire rehabilitation. The managers further
expect the Departments to ensure that these programs are
implemented within existing structures without new program
management or other overhead activities that might reduce the
direct benefit of funds provided.
The January 1998 Joint Fire Science Plan developed by the
two Departments and submitted to the Congress included
provisions for a Stakeholder Advisory Group of technical
experts from land management organizations, private industry,
academia, other Federal agencies, and the public to formulate
recommendations for program priorities and advise the Joint
Fire Science Program Governing Board. This Group is to be
established under the provisions of the Federal Advisory
Committee Act. The managers are concerned that nearly three
years have passed without establishment of this group. The
managers direct the Secretaries to establish the group by
December 31, 2000.
Wildland fire operations
For wildland fire operations, the managers provide
$468,847,000 of which $353,740,000 is funded in title IV as an
emergency appropriation. This funding level includes
$153,447,000 to cover costs of the ten-year average of
suppression, $195,400,000 for hazardous fuels reduction, and
$85,000,000 for rehabilitation of burned areas.
The managers encourage continued emphasis on safety as a
priority in the suppression program. Funding provided under
this appropriation is expected to provide for the most
efficient and safe strategy for the protection of life,
property, and resources. Funding is included to cover the
projected 10-year average of suppression expenditures for the
Department.
The managers have provided $195,000,000 for hazardous
fuels management activities. These funds are to support
activities on Federal lands and adjacent non-Federal lands,
which reduce the risks and consequences of wildfire, both in
and around communities and in wildland areas. Treatment methods
include application of prescribed fire, mechanical removal,
mulching, and application of chemicals. In many areas a
combination of these methods will be necessary over a period of
several years to reduce risks and to maintain healthy and
viable forests and rangelands. The increased funding included
in this appropriation will expand the existing fuels management
program to reduce risks to communities and risks to natural
resources in high-risk areas. As proposed by the Senate, the
managers have included $120,300,000 for the Department of the
Interior to accelerate treatments, planning efforts, and
collaborative projects with non-Federal partners in the
wildland-urban interface. This funding is provided as part of
the Department's ongoing fuels treatment program, but must be
dedicated to projects within the urban-wildland interface.
The managers understand that fuels treatment
accomplishments have been constrained by a lack of funding to
conduct planning, assessments, clearances, consultation, and
environmental analyses necessary for the land management and
regulatory agencies to ensure that fuels treatments are
accomplished quickly and in an environmentally sound manner.
The managers agree that additional funding should be made
available from this appropriation to conduct such assessments
and clearances, in the interests of expediting fuels treatments
in an environmentally sound manner. Funds may be used directly
by the Bureau of Land Management, or on a reimbursable basis
with National Park Service, Fish and Wildlife Service, Bureau
of Indian Affairs, or National Marine Fisheries Service, to
provide for appropriate planning and clearances. Funding will
also be available for supporting community-based efforts to
address defensible space and fuels management issues and to
support outreach and education efforts associated with fuels
management and risk reduction activities. In conducting
treatments, local contract personnel are to be used wherever
possible. The managers expect the Department to show planned
and actual funding and accomplishments for fuels management
activities in future budget requests to Congress. The managers
understand that actual amounts may differ from planned levels
and agree that the agencies have the ability to fund additional
projects and amounts based on actual needs.
Within the amounts provided for wildland-urban
treatments, $8,800,000 is to be made available to the
Ecological Restoration Institute (ERI) of Northern Arizona
University, through a cooperative agreement with the Bureau of
Land Management, to support new and existing ecologically-based
forest restoration activities in ponderosa pine forests. The
managers' goal is to develop a scientifically based model that
will promote restoration of the ecological health of forests in
the southwest, while reducing the threat of wildfire to forest
communities. Under this agreement, the managers expect that ERI
will: (1) research, develop, monitor, and conduct fuels
treatments in partnership with all Federal, Tribal, State, and
private landowners to demonstrate the feasibility of
restoration-based fuels treatments on a community-level; (2)
conduct an adaptive ecosystem analysis of ponderosa pine and
related forests as a prototype for larger ecosystem analyses,
and to fill the gap between project or district/forest level
analyses and regional analyses to support future operational
scale treatments; (3) develop options and recommendations for
developing markets for by-products of fuels treatment
activities; (4) hold community workshops to design suitable
treatments, training and information transfer to land managers,
and information development and transfer to inform the public
and land managers about ecologically-based treatments.
Recognizing the importance of cooperative agreements, the
managers request that the Bureau place a priority on timely
negotiation and implementation of this agreement to ensure the
prompt availability of funding pursuant to it, and that the
Bureau conduct negotiations at the national level. The
agreement shall not include funding for facilities or capital
equipment like buildings and vehicles.
Included within the amounts for wildland fire operations
is increased funding for burned area rehabilitation to address
short term and long-term detrimental consequences of wildfires.
The managers note that wildland fires burning under the right
conditions, are beneficial and even essential to the health of
forests and rangelands. However, some severe wildfires can
trigger a wide array of detrimental impacts, ranging from short
term floods, debris flow, and loss of water quality to longer
term invasion by non-native species and loss of productivity of
the land. The increased funding for burned area rehabilitation
is designed to prevent further degradation of resources
following wildland fire through (1) short-term stabilization
activities to protect life and property, protect municipal
watersheds, and prevent unacceptable degradation of critical
natural and cultural resources, and (2) longer-term
rehabilitation activities to repair and improve lands unlikely
to recover naturally from severe fire damage. The managers
direct the agencies to develop a long-term program to manage
and supply native plant materials for use in various Federal
land management restoration and rehabilitation needs. The
managers recommend that the interagency native plant
conservation initiative lead this effort.
It is essential to monitor over the long-term various
wildfire operations and rehabilitation activities and use this
evaluation to alter future activities where indicated. The
managers expect that funding for burned area rehabilitation
will be available from this appropriation for only a limited
period of time, after which ongoing site maintenance must be
funded from the land management bureaus' appropriate operating
accounts. In conducting stabilization and rehabilitation
treatments, local contract personnel should be used wherever
possible. The managers expect the Department to show planned
and actual funding and accomplishments for stabilization and
rehabilitation activities in future budget requests to
Congress. The managers understand that actual amounts may
differ from planned levels, and agree that the agencies have
the ability to fund additional projects and amounts based on
actual needs.
The managers direct the Departments of the Interior and
Agriculture to report to the Appropriations Committees, by
December 1, 2000, on criteria for rehabilitation projects to be
funded from this appropriation.
Rural fire assistance
For rural fire assistance, the managers provide
$10,000,000 for the Department of the Interior in a pilot
effort to enhance the fire protection capability of rural fire
districts. Training, equipment purchase, and prevention
activities are to be conducted on a cost-shared basis. The
managers recognize that safe and effective protection in the
urban-wildland interface demands close coordination between
local, State, Tribal, and Federal firefighting resources. When
large Interior landholdings are present, the managers support
an expanded relationship between the Interior Department and
other governments for purposes of developing local fire
prevention capability on a cost-shared basis.
central hazardous materials fund
The conference agreement provides $10,000,000 for the
central hazardous materials fund as proposed by the House and
Senate.
construction
The conference agreement provides $16,860,000 for
construction instead of $5,300,000 as proposed by the House and
$15,360,000 as proposed by the Senate.
Increases Above the House by Project
Project Cost
Rock Springs admin. Building............................ $3,000,000
Caliente admin. Building................................ 1,605,000
Susie Creek bridge...................................... 295,000
Hult Pond dam........................................... 400,000
Margie's Cove trail..................................... 95,000
Muskrat Springs water system............................ 70,000
Dutch Joe road.......................................... 235,000
Escalante science center................................ 1,000,000
Coldfoot visitor center................................. 3,760,000
Fort Benton visitor center.............................. 400,000
California Trail interpretive center.................... 200,000
Blackwell Island facility............................... 500,000
The managers encourage the Bureau to work with the town
of Escalante and Garfield County, UT to ensure that the
construction of the science center is consistent with the
Escalante Center master plan.
payments in lieu of taxes
The conference agreement provides $150,000,000 for
payments in lieu of taxes instead of $144,385,000 as proposed
by the House and $148,000,000 as proposed by the Senate
land acquisition
The conference agreement provides $31,100,000 for land
acquisition instead of $19,000,000 as proposed by the House and
$10,600,000 as proposed by the Senate. Funds should be
distributed as follows:
Area (State) Amount
Cerbat Foothills (AZ)................................... $750,000
El Dorado County (native plant preserve) (CA)........... 5,000,000
Gunnison Basin ACEC (CO)................................ 2,000,000
Lower Salmon River ACEC (ID)............................ 2,000,000
North Platte River (WY)................................. 250,000
Organ Mtns. (NM)........................................ 2,000,000
Otay Mountain/Kuchamaa HCP (CA)......................... 1,000,000
Potomac River (MD)...................................... 1,000,000
Potrero Creek (CA)...................................... 2,000,000
San Pedro Ecosystem (easements only) (AZ)............... 3,000,000
Sandy River (OR)........................................ 750,000
Santa Rosa Mtns. NSA (CA)............................... 1,000,000
Snake River Birds of Prey NCA (ID)...................... 500,000
Upper Crab Creek (WA)................................... 2,000,000
Upper Snake/S. Fork Snake R. (ID)....................... 2,000,000
West Eugene Wetlands (OR)............................... 1,350,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 26,600,000
Emergency/hardship/inholding............................ 1,500,000
Acquisition management.................................. 3,000,000
--------------------------------------------------------
____________________________________________________
Total............................................... 31,100,000
The amounts provided for the Santa Rosa Mountains and the
Potomac River complete the Federal investment in these areas.
The managers have included $2,000,000 for acquisition of
the Potrero Creek property in Southern California. These funds
may not be expended until the BLM has completed an appraisal
using accepted and standard government land appraisal
techniques. The managers direct the BLM to begin work on the
appraisal within 30 days of enactment of this Act.
OREGON AND CALIFORNIA GRANT LANDS
The conference agreement provides $104,267,000 for Oregon
and California grant lands as proposed by the Senate instead of
$100,467,000 as proposed by the House.
Increases above the House include $350,000 for
uncontrollable costs, $3,000,000 for survey and manage, and
$350,000 for annual maintenance.
RANGE IMPROVEMENTS
The conference agreement provides an indefinite
appropriation for range improvements of not less than
$10,000,000 as proposed by the House and Senate.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The conference agreement provides an indefinite
appropriation for service charges, deposits, and forfeitures
which is estimated to be $7,500,000 as proposed by the House
and Senate.
MISCELLANEOUS TRUST FUNDS
The conference agreement provides an indefinite
appropriation of $7,700,000 for miscellaneous trust funds as
proposed by the House and Senate.
United States Fish and Wildife Service
RESOURCE MANAGEMENT
The conference agreement provides $776,595,000 for
resource management instead of $731,400,000 as proposed by the
House and $763,442,000 as proposed by the Senate. The numerical
changes described below are to the House recommended level.
In the endangered species listing program, there is a
decrease of $40,000 for the borderlands program. In
consultation, there are increases of $18,000 for forest
planning, $2,000 for Everglades, $1,500,000 for cold water fish
in Montana and Idaho, $270,000 for the California/Nevada desert
resource initiative, $1,000,000 for Central Valley and Southern
California habitat conservation planning, $500,000 for bighorn
sheep conservation in Nevada and a general increase of
$1,000,000 for other consultations.
Increases in the recovery program include $5,000,000 for
matching grants for Pacific salmon conservation and restoration
in Washington, $100,000 for the Citizens' Management Committee
as defined by alternative one of the final EIS for grizzly bear
recovery in the Bitterroot ecosystem, $288,000 for wolf
recovery in Idaho, $100,000 for wolf monitoring by the Nez
Perce tribe, $600,000 for eider research at the Alaska SeaLife
Center, $600,000 for Lahontan cutthroat trout restoration and
$500,000 for the black capped vireo in Texas. Decreases in the
recovery program include $498,000 for the Bruneau Hot Springs
snail and $398,000 for the Prebles meadow jumping mouse.
In habitat conservation, increases include $1,400,000 for
Washington salmon enhancement, $4,000 for bull trout recovery
in Washington, $500,000 for private lands conservation efforts
in Hawaii, $50,000 for rehabilitation of the White River in
Indiana in response to a recent fish kill, $252,000 in project
planning for the Middle Rio Grande Bosque program and $350,000
for Long Live the Kings and Hood Canal Salmon Enhancement
Group.
In the environmental contaminants program, there is an
increase of $400,000 for baseline data on subsistence foods in
Alaska.
Changes in refuge operations and maintenance include a
general increase of $314,000 for refuge operations and a
decrease of $445,000 for the borderlands program.
In migratory bird management, increases include $575,000
to reduce sea bird by-catch in Alaska, $2,050,000 for joint
ventures, subject to the distribution described below, and a
general increase of $1,000,000.
Law enforcement operations increases include $7,000,000
to fill vacancies and to train and equip new personnel and
$360,000 for staffing and operations associated with the new
port of entry designation in Anchorage, Alaska.
Increases in hatchery operations and maintenance include
$5,000,000 for the Washington Hatchery Improvement Project,
$184,000 for marking of hatchery salmon in Washington and
$400,000 for the hatchery restoration/recovery program proposed
in the budget request. In fish and wildlife management, there
are increases of $8,000 for whirling disease research to be
distributed as proposed by the Senate, $50,000 for the Regional
Mark Processing Center, $11,051,000 for the Alaska subsistence
program, $750,000 for the Klamath River flow study, $500,000
for Trinity River restoration, $200,000 for Yukon River
fisheries management studies and $100,000 for Yukon River
Salmon Treaty education efforts.
The $5,000,000 proposed by the Senate as an emergency
appropriation for Atlantic salmon restoration is addressed in
the emergency title of the conference agreement.
In general administration, increases include $100,000 in
international affairs for the tundra to tropics program,
$500,000 for the National Fish and Wildlife Foundation and
$2,000,000 for Pingree Forest non-development easements in
Maine to be handled through the National Fish and Wildlife
Foundation.
Bill Language.--The conference agreement earmarks
$1,000,000 for the Youth Conservation Corps as proposed by the
House instead of $2,000,000 as proposed by the Senate. The
earmark for endangered species listing programs is $6,355,000
as proposed by the Senate rather than $6,395,000 as proposed by
the House. The Senate proposal to provide $5,000,000 in
emergency funding for Atlantic salmon restoration in Maine has
been modified to require a cost share and included in the
emergency appropriations title.
The managers agree to the following:
1. The increase provided in consultation for cold water
fish in Montana and Idaho are for preparation and
implementation of plans, programs, or agreements identified by
the States of Idaho and Montana that will address habitat for
freshwater aquatic species on non-Federal lands. These funds
will supplement funds that have already been allocated by the
States and will only be expended for landowners that are
voluntarily enrolled in such plans, programs, or agreements.
The amount provided is to be split equally between Montana and
Idaho.
2. While there is no specific earmark for the Prebles
meadow jumping mouse in the recovery program, the managers
expect the Service to continue work in this area.
3. The increase proposed by the Senate in habitat
conservation for an Alaska Village Initiative for a commercial
management program is not included in this account but is
addressed under the Bureau of Indian Affairs.
4. While there is no specific increase for alien species
control in the refuge operations and maintenance account, the
Service is encouraged to place a priority on these activities
in the refuge operating needs system.
5. The Service, within its fixed cost increases should
ensure that a base increase is provided to cover the recently
hired maintenance worker at the Ohio River Islands NWR, WV. The
cost for fiscal year 2001 is estimated to be $45,000. The
Service should ensure that the annualized costs for new
personnel are adequately reflected in its fixed cost increase
budget estimates each year.
6. Any future funding for the Klamath River flow study
and the Trinity River restoration study will only be considered
after the Administration has clearly identified the full
estimated costs for these programs and the appropriate amounts
to be budgeted by the various agencies involved for each year.
The fiscal year 2002 budget justification should include an
interagency crosscut table for each of these programs.
7. The managers have not agreed to the Senate language
requiring ``conclusive evidence'' that the recovery zone can
support grizzly bears prior to their relocation in Idaho and
Montana. The managers, however, agree that no funds
appropriated in this Act should be spent on the physical
relocation of grizzly bears into the Selway-Bitterroot
Ecosystem in Idaho and Montana prior to the completion of a
peer review of the habitat study, and a conclusion based upon
the best available scientific data that the recovery zone can
adequately support the proposed grizzly population.
8. The managers have not agreed to the Senate language
requiring that wolves that stray into Oregon be removed. The
managers, however, expect the Service to learn from the
mistakes made in the New Mexico wolf introduction program and
to coordinate extensively with the public at every stage of the
wolf reintroduction and recovery program. The protocols to be
followed should be developed in close consultation with the
public.
9. The managers are concerned by the Service's failure to
conduct population estimation, population reassessment, and
desert tortoise monitoring as described in the 1994 Desert
Tortoise Recovery Plan. The managers expect the Service to
undertake such work in fiscal year 2001. The methodology to be
used in conducting the monitoring should be designed to permit
correlation with the data gathered between 1980 and 2000.
10. General increases have been provided for refuge
operations and maintenance. These increases should be
distributed in accordance with the priorities set forth in the
refuge operating needs system and the maintenance management
system.
11. The increase provided in the environmental
contaminants program is to develop baseline data on
contaminants identified by the Arctic Council as threats in
wildlife that are subsistence foods in Alaska. The funding also
may be used to sample, in partnership with scientists employed
by local governments, wildlife remains found in sudden,
unexpected die-offs.
12. The projects proposed by the Senate for the Canaan
Valley NWR, WV, and the Kealia Pond NWR, HI are addressed in
the construction account.
13. The Service should follow the direction in the Senate
report with respect to the release of prokelisia to control
Spartina grass in conjunction with mowing and spraying.
14. The September 1, 2000 reprogramming request submitted
by the Service to address administrative cost realignments,
rental cost increases and increased administrative costs is
approved. The Service should ensure that all necessary base
adjustments are made in the 2002 budget within the fixed cost
category to reflect correctly these ``uncontrollable'' costs.
15. The managers have recently become aware of a General
Accounting Office review of procedures in the Carlsbad, CA,
ecological services office. In particular, the managers are
concerned by reports from GAO that automated systems are
inadequate. The fiscal year 2002 budget request should address
this problem.
Joint Ventures.--Funds for joint venture programs are to
be distributed in fiscal year 2001 as shown in the following
table. In addition, the managers expect the Service to phase in
additional funding over the next three years to achieve the
levels specified in the table for fiscal year 2004. To the
extent that the funding specified for 2004 is insufficient, the
managers do not object to a proposal for higher funding levels
for joint ventures. The Service is urged to re-evaluate all
their ``optimal'' funding calculations and, in particular, the
sea duck joint venture calculation and report to the House and
Senate Committees on Appropriations if any of those amounts
should be raised. The managers note that the joint venture
programs have leveraged a small amount of Federal funding many
times over to accomplish much needed habitat improvements
throughout the country.
JOINT VENTURES FUNDING
------------------------------------------------------------------------
Target level
Fiscal year fiscal year
2001 2004
------------------------------------------------------------------------
Atlantic Coast........................ $380,000 $800,000
Lower Mississippi..................... 502,000 750,000
Upper Mississippi..................... 240,000 650,000
Prairie Pothole....................... 1,185,000 1,400,000
Gulf Coast............................ 340,000 700,000
Playa Lakes........................... 225,000 700,000
Rainwater Basin....................... 225,000 400,000
Intermountain West.................... 240,000 1,000,000
Central Valley........................ 360,000 550,000
Pacific Coast......................... 240,000 700,000
San Francisco Bay..................... 225,000 370,000
Sonoran............................... 225,000 400,000
Arctic Goose.......................... 140,000 370,000
Black Duck............................ 110,000 370,000
Sea Duck.............................. 250,000 550,000
Administration........................ 599,000 750,000
---------------------------------
Total........................... 5,486,000 10,460,000
------------------------------------------------------------------------
CONSTRUCTION
The conference agreement provides $63,015,000 for
construction instead of $48,395,000 as proposed by the House
and $54,803,000 as proposed by the Senate.
Funds are to be distributed as follows:
------------------------------------------------------------------------
Project Description Amount
------------------------------------------------------------------------
Alaska Maritime NWR, AK.......... Headquarters/Visitor $593,000
Center.
Alchesay/Williams Creek NFH, AZ.. Environmental 927,000
Pollution Control--
Phase II (c).
Anahuac NWR, TX.................. Bridge Rehab/ 673,000
Replacement--Phase
I (p/d/ic).
Bear River NWR, UT............... Water management 500,000
facilities (c).
Bear River NWR, UT............... Education Center (c) 3,600,000
Blackwater NWR, MD............... Carpentry/Auto Shop. 300,000
Bozeman FTC, MT.................. Laboratory/ 1,600,000
Administration
Building--Phase II
(c).
Bridge Safety Inspection......... .................... 495,000
Cabo Rojo NWR, PR................ Replace Office 500,000
Building (Seismic)--
Phase I (p/d).
Canaan Valley NWR, WV............ Heavy equipment 350,000
replacement.
Chincoteague NWR, VA............. Headquarters & 3,500,000
Visitor Center--
Phase II (c).
Clarks River NWR, KY............. Garage and visitor 500,000
access.
Coleman NFH, CA.................. Seismic Safety Rehab 301,000
of 3 buildings--
Phase I (p/d).
Dam Safety Inspection............ .................... 570,000
Ennis NFH, MT.................... Raceway Enclosure-- 1,000,000
Phase II (c).
Great Dismal Swamp NWR, VA....... Planning and public 250,000
use.
Hagerman NWR, TX................. Bridge 368,000
Rehabilitation--Pha
se I (p/d).
Jackson NFH, WY.................. Seismic Safety Rehab 373,000
of 2 Buildings--
Phase I (p/d).
John Heinz NWR, PA............... Administrative wing. 800,000
Kealia Pond NWR, HI.............. Water control 700,000
structures.
Kodiak NWR, AK................... Visitor Center/ 180,000
planning.
Lake Thibadeau NWR, MT........... Lake Thibadeau 450,000
Diversion Dam--
Phase II (c).
Leavenworth NFH, WA.............. Nada Dam--Phase II 300,000
SEED Study.
Mason Neck NWR, VA............... ADA accessibility 130,000
(c).
Mason Neck NWR, VA............... Non-motorized trail. 600,000
Nat'l Eagle Repository, CO....... Relocation of 400,000
National Eagle
Repository--Phase
II (d/c).
Nat'l Wildlife Repository, CO.... Renovation of 950,000
National Wildlife
Property
Repository--Phase
II (d/c).
Nat'l Conservation Training Ctr, Fourth Dormitory (p/ 12,750,000
WV. d/c).
NFW Forensics Lab, OR............ Forensics Laboratory 1,838,000
Expansion--Phase II
(d/ic).
Noxubee NWR, MS.................. Visitor Center (c).. 2,000,000
Parker River NWR, MA............. Headquarters Complex 1,230,000
(c).
Pittsford NFH, VT................ Planning and design/ 300,000
hatchery
rehabilitation.
San Pablo Bay NWR, CA............ Renovate Office-- 275,000
Phase I (p/d).
Seatuck & Sayville NWRs, NY...... Visitor facilities.. 115,000
Silvio O. Conte NWR, VT.......... Education Center.... 1,512,000
Six NFHs......................... Water Treatment 2,500,000
Improvement--Phase
II (c).
Sonny Bono Salton Sea NWR, CA.... Seismic Safety Rehab 55,000
of 1 Building--
Phase I (p/d).
Tern Island NWR, HI.............. Rehabilitate 8,600,000
Seawall--Phase III
(c).
Tishomingo NFH, OK............... Pennington Creek 229,000
Foot Bridge--Phase
II (c).
White River NWR, AR.............. Visitor Center 1,100,000
construction.
White Sulphur Springs NFH, WV.... Holding and 350,000
propagation.
White Sulphur Springs NFH, WV.... Office renovations.. 20,000
----------------
Subtotal: Line item .................... 53,784,000
Construction.
================
Nationwide Engineering
Services:
Demolition Fund.............. .................... 1,389,000
Env. Compliance.............. .................... 1,860,000
Seismic Safety Program....... .................... 200,000
Other Engineering Services... .................... 5,782,000
----------------
Subtotal: Engineering .................... 9,231,000
Services.
================
Grand total................ .................... 63,015,000
------------------------------------------------------------------------
The managers agree to the following:
1. Funds for the Clarks River NWR, KY, garage and visitor
contact station complete the project.
2. The Downeast Heritage Center, ME, project proposed by
the Senate is addressed in the National Park Service.
3. The administrative wing at the John Heinz NWR, PA,
will eliminate the need for rent associated with temporary
office space. The managers note that the John Heinz refuge has
done an admirable job in raising private funds for visitors'
center construction.
4. The Service should pursue cost-sharing opportunities
for the Kealia Pond NWR, HI, water control structure project.
5. The total cost for the Kodiak NWR, AK, Administrative
and Visitors' Center should not exceed $10 million of which the
Fish and Wildlife Service maximum share is $7 million and the
cost share is $3 million.
6. The funding provided for a fourth dormitory at the
National Conservation Training Center, WV, will complete the
dormitory project and fully fund the connection of the facility
to the city water supply.
7. Funds for the Noxubee NWR, MS, Administrative and
Visitors' Center will complete the Fish and Wildlife Service
commitment to the project.
8. The Service should, as soon as possible, notify the
House and Senate Committees on Appropriations, of the total
estimated cost for the Pittsford NFH, VT, hatchery
rehabilitation project.
9. Funds for the Silvio O. Conte NWR, VT, Education
Center will complete the Fish and Wildlife Service commitment
to the project. Any additional funding requirements should be
accommodated with non-Department of the Interior funds.
10. No funds are included for the Waccamaw NWR, SC,
Visitors' Center. This refuge has not yet been opened. The
managers urge the Service to include this project, as
appropriate, in their priority system for future consideration.
11. Funds for the White River NWR, AR, Administrative and
Visitors' Center, in combination with previously appropriated
funds, will complete the Fish and Wildlife Service commitment
to the project. The remaining $600,000 required for the
visitors' center portion of the project should be accommodated
with non-Department of Interior funds.
12. Funds for the holding and propagation facility at the
White Sulphur Springs NFH, WV, will complete the project.
Bill Language.--The conference agreement includes bill
language directing the release of previously appropriated funds
for exhibits at the Ding Darling NWR, FL.
LAND ACQUISITION
The conference agreement provides $62,800,000 for land
acquisition instead of $30,000,000 as proposed by the House and
$46,100,000 as proposed by the Senate. Funds should be
distributed as follows:
Area (State) Amount
Archie Carr NWR (FL).................................... $2,000,000
Back Bay NWR (VA)....................................... 500,000
Balcones Canyonlands NWR (TX)........................... 1,750,000
Big Muddy NWR (MO)...................................... 1,000,000
Bon Secour NWR (AL)..................................... 1,000,000
Buenos Aires NWR (AZ)................................... 1,000,000
Canaan Valley NWR (WV).................................. 500,000
Cat Island NWR (LA)..................................... 1,500,000
Centennial Valley NWR (MT).............................. 1,750,000
Clarks River NWR (KY)................................... 500,000
Dakota Tallgrass Prairie Project (SD)................... 2,100,000
Edwin B. Forsythe NWR (NJ).............................. 1,000,000
Grand Bay NWR (AL)...................................... 1,150,000
Great Meadows Complex (MA).............................. 1,000,000
Hakalau Forest NWR (HI)................................. 1,000,000
Lake Umbagog NWR (NH)................................... 1,500,000
Leslie Canyon NWR (AZ).................................. 2,000,000
Louisiana Black Bear NWR (LA)........................... 1,000,000
Lower Rio Grande Valley NWR (TX)........................ 500,000
Minnesota Valley NWR (MN)............................... 500,000
Montezuma NWR (NY)...................................... 2,000,000
Neal Smith NWR (IA)..................................... 600,000
North Dakota Prairie Project (ND)....................... 800,000
Northern Tallgrass NWR (MN)............................. 1,000,000
Ohio River Islands NWR (WV)............................. 500,000
Palmyra Atoll/Kingman Reef (HI)......................... 1,000,000
Patoka River NWR (IN)................................... 800,000
Pelican Island NWR (Lear tract) (FL).................... 3,200,000
Prime Hook NWR (DE)..................................... 1,300,000
Rachel Carson NWR (ME).................................. 1,000,000
Rappahannock River NWR (VA)............................. 1,000,000
Rhode Island NWR Complex (RI)........................... 1,500,000
San Diego NWR (CA)...................................... 3,000,000
Silvio O. Conte NWR (CT/MA/NH/VT)....................... 750,000
Stewart B. McKinney NWR (CT)............................ 1,500,000
Waccamaw NWR (SC)....................................... 1,000,000
Walkill River NWR (NJ).................................. 1,000,000
Wertheim NWR (NY)....................................... 2,000,000
Western Montana Project (MT)............................ 1,000,000
Whittlesey Creek NWR (WI)............................... 500,000
Willapa NWR (WA)........................................ 2,000,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 50,700,000
Emergencies/Hardships................................... 750,000
Exchanges............................................... 850,000
Inholdings.............................................. 1,000,000
Acquisition Management.................................. 9,500,000
--------------------------------------------------------
____________________________________________________
Total............................................... 62,800,000
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The conference agreement provides $26,925,000 for the
cooperative endangered species conservation fund as proposed by
the Senate instead of $23,000,000 as proposed by the House. The
increase above the House is for habitat conservation planning
land acquisition.
NATIONAL WILDLIFE REFUGE FUND
The conference agreement provides $11,439,000 for the
National wildlife refuge fund instead of $10,439,000 as
proposed by the House and $10,000,000 as proposed by the
Senate. The managers urge the Service to request increased
funds for this account in future budget requests commensurate
with increases in land acquisition.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The conference agreement provides $20,000,000 for the
North American wetlands conservation fund instead of
$15,499,000 as proposed by the House and $16,500,000 as
proposed by the Senate. Within this amount, $19,200,000 is for
wetlands conservation and $800,000 is for administration.
WILDLIFE CONSERVATION AND APPRECIATION FUND
The conference agreement provides $797,000 for the
wildlife conservation and appreciation fund as proposed by both
the House and the Senate.
MULTINATIONAL SPECIES CONSERVATION FUND
The conference agreement provides $2,500,000 for the
multinational species conservation fund as proposed by the
Senate instead of $2,391,000 as proposed by the House.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
The conference agreement provides $1,389,144,000 for the
operation of the National park system instead of $1,426,476,000
as proposed by the House and $1,367,554,000 as proposed by the
Senate (excluding U.S. Park Police funding, which is included
in a new appropriations account). The agreement provides
$283,465,000 for Resource Stewardship instead of $275,124,000
as proposed by the House and $279,375,000 as proposed by the
Senate. Changes to the House level include $900,000 for
Learning Centers, $1,107,000 for native and exotic species
management, $1,034,000 for Alaska subsistence fisheries,
$1,750,000 for vegetation mapping, $825,000 for water resources
restoration and protection, $1,275,000 for water quality
monitoring, $500,000 for the Everglades Task Force, $250,000
for museum management, $400,000 for Vanishing Treasures and
$300,000 for the ongoing Civil War Soldiers and Sailors
Partnership. These funds are not intended to be used to
initiate any portion of the proposed digitization initiative in
the budget.
The conference agreement provides $279,871,000 for
Visitor Services as proposed by the Senate. Changes to the
House level include $1,000,000 for the 2001 Presidential
Inaugural and $235,000 for Regional office park support.
The conference agreement provides $78,048,000 for the
U.S. Park Police in a new appropriations account that follows
this account.
The conference agreement provides $469,703,000 for
maintenance instead of $446,661,000 as proposed by the House
and $449,203,000 as proposed by the Senate. Increases to the
House level include $20,000,000 for additional maintenance and
operational needs of the Service. Following enactment of the
Bill, the National Park Service should make the necessary
adjustments to align these additional funds for the purposes
approved by the House and Senate Committees on Appropriations
with the proper budget subactivity. Two specific needs provided
for in this increase are $975,000 for the 9 National Trails and
a $2,300,000 base increase for Harpers Ferry Design Center.
In addition, the managers have provided increases of
$42,000 for regional office park support, $2,000,000 for
facility management software and $1,000,000 for condition
assessments. The conference agreement does not include the
general increase for maintenance as proposed by the House.
Although the managers have provided funds for the maintenance
management system and building condition assessments, the
managers remain concerned that the improvements provided by
these efforts will take too long to implement and may still not
fully document the complete maintenance backlog of the Service,
as required by the House and Senate Committees on
Appropriations and by statute, within the next few years.
Therefore, by April 2001, a report is to be provided to the
Committees that describes how and when the Service will provide
a park by park comprehensive listing, with cost estimates, of
deferred maintenance affecting all facilities in the National
Park Service, including buildings, historic structures, roads,
trails, utility systems, campgrounds, picnic areas and all
other items requiring maintenance and repair. The Service
should also address the issue raised by the Committees
concerning why large parks cannot conduct their own condition
assessment internally and without additional funds.
Within in the amounts provided for repair and
rehabilitation, the managers earmark the following projects:
$350,000 to repair the lighthouse at Fire Island NS (this
amount is not intended to initiate planning for a new visitor
center), $75,000 to repair the Ocean Beach Pavilion at Fire
Island, NS, $309,000 for repairs of the Bachlott House and
$100,000 for the Alberty House which are both located at
Cumberland Island NS, and $500,000 for maintenance projects at
the Ozark National Scenic Riverways Park.
The conference agreement provides $259,178,000 for Park
Support instead of $254,628,000 as proposed by the House and
$262,178,000 as proposed by the Senate. Changes to the House
level include $500,000 for regional office park support,
$750,000 for mid-level management intake training program,
$100,000 for Wild and Scenic Rivers (existing partnership
rivers), $200,000 for a wilderness study at Apostle Islands NL
and $3,000,000 for the Challenge cost share program for
activities related to the anniversary of the Lewis and Clark
expedition. The amount provided for Lewis and Clark related
activities are for the purposes described in the Senate report,
but include $2,000,000 for a major national traveling
exhibition that will include more than 200 Lewis and Clark
original artifacts, artworks and manuscripts. This funding must
be matched by private sources.
The conference agreement provides $96,927,000 for
External Administrative Costs as proposed by the Senate.
Changes to the House include $2,000,000 for GSA rental space
needs. The conference agreement does not include the
$66,500,000 general increase proposed by the House.
Through a combination of appropriated funds, recreational
fee demonstration project revenues, partnerships, and other
sources, the National Park system has unprecedented levels of
funding available to it to address critical resource protection
and visitor service requirements. The managers emphasize the
importance of applying prudent and sound financial management
practices to ensure the integrity of these funding sources,
particularly with regard to tracking for accountability
purposes. Consistent with Comptroller General opinions,
appropriations are not to be augmented with other funding
sources. Projects that are identified to be completed for an
identified amount of funding, regardless of fund source, are to
be completed as proposed. Any additional resources to be
applied to a project constitute a reprogramming and are subject
to the established guidelines. The managers are particularly
concerned about construction projects for which bids come in
above estimates, and the proposed solution is to defer exhibits
and to fund the remaining elements at a later date using a
different fund source, such as fees. This is not an appropriate
use of the fee program.
The managers direct that the National Park Service make
sufficient funds available to assure that signs marking the
Lewis and Clark route in the State of North Dakota are adequate
to meet National Park Service standards.
The managers support the decision of the Ozark National
Scenic Riverways to retain the carpentry and maintenance
positions. The managers recognize the urgent needs at ONSR for
key carpentry and maintenance personnel who have specialized
skills in properly maintaining park facilities. The managers
expect that these positions will be retained at ONSR.
The managers are aware of a recommendation by the
National Park Service's National Leadership Council to
consolidate funding for all aspects of the ongoing intake
program into a centralized program. Currently, the salary costs
are paid by the parks, regions, and program offices
participating in the program. The managers have no objection to
the internal reprogramming necessary (not to exceed $1,106,000)
to allow for centralized funding for this important program.
This approach results in no net change in costs and should
allow for greater participation in the program by more parks
throughout the system.
The managers are aware that the EPA, through cooperative
agreements with the National Park Service, has maintained a
long-term environmental and air quality monitoring site in the
Great Smoky Mountains National Park through the demonstration
intensive site project and sites in wilderness areas of the
Nantahala National Forest and Pisgah National Forest. The
managers are concerned, however, by reports that the EPA may be
considering terminating funding support for these monitoring
sites. Because of the wealth of information provided to
Federal, State and local stakeholders by the sites, the
managers expect the EPA to continue its monitoring partnerships
with the Great Smoky Mountains NP and both national forests.
The managers are also aware of the vital role played by the
Southern Appalachian Mountains Initiative (SAMI), through the
EPA, in studying the effects of air pollutants on the Great
Smoky Mountains NP and nearby forests.
The managers wish to reiterate the concern expressed by
the Senate with respect to the lack of adequate ambulance
service at the Hawaii Volcanoes National Park. The managers
therefore direct that, within the amounts provided for
operation of the National Park System, the Service shall
provide the necessary funds, not to exceed $350,000, for the
Federal share of the cooperative effort to provide emergency
medical services in the Hawaii Volcanoes National Park. This
support should be in addition to the Park's base operating
funds.
The managers are aware that legislation currently under
consideration would authorize the inclusion of the Wills House
within Gettysburg National Military Park. Should such
legislation be enacted, the managers encourage the Service to
initiate rehabilitation of the House within available repair
and rehabilitation funds.
The managers expect that funding for the First Ladies
National Historic Site will be included in the fiscal year 2002
Park Service request and in all future budget requests.
United States Park Police
The conference agreement provides $78,048,000 for the
United States Park Police as a new appropriations account
instead of $75,641,000 as proposed by the House and $76,441,000
as proposed by the Senate under the operation of the National
park system account.
The increases to the budget request are associated only
with the Washington Monument and several other nationally
recognized park sites in Washington, D.C. and in certain cases
represent one time only costs. The increases include $235,000
for design costs associated with a visitor screening facility
and x-ray machine at the Washington Monument, $275,000 for
design of a parkwide key system, $997,000 to design and install
closed circuit television and alarm systems at five specific
monuments and $100,000 for planning for a parkwide
communication system. Plans for any of these items that require
additional appropriations should be carefully reviewed by the
leadership of the National Park Service as well as the
Development Advisory Board to ensure that the scope and costs
are carefully and frugally estimated. The managers have also
included $800,000 for the 2001 Presidential Inaugural.
The managers note that funds available for U.S. Park
Police (USPP) operations have grown at a rate well above nearly
every account in the Interior appropriations bill. Since fiscal
year 1987, the USPP operating account has increased nearly 80
percent above inflation. By comparison, over the same period,
the operating accounts for several large national parks grew by
lesser amounts. The entire operation of the national park
system account grew by 50 percent during this period, while
accommodating the requirements of 43 new park areas. Despite
the growth during this period, the House and Senate Committees
on Appropriations have continued to receive requests for items
that have been funded in prior years, such as anti- and
counter-terrorism, drug enforcement, recruit classes, and
equipment replacement. The recommendations which follow are
intended to improve accountability and oversight of the USPP
budget.
To strengthen fund controls that apply to the USPP, the
managers have established a separate appropriation account for
USPP activities. The only extent to which USPP will be able to
draw on the operation of the national park system account is
limited to the funds contained in that appropriation account
for ongoing USPP activities at the Statue of Liberty and
Gateway National Recreation Area and the purposes identified
below. Bill language is included in the Operations account. The
establishment of this separate appropriations account, to be
managed as discussed below, will preclude funds from being
transferred from the USPP to other park purposes, and vice
versa.
This account covers the operational costs of the United
States Park Police, including those costs for uniformed and
civilian staff assigned to the USPP, supplies, materials,
utilities, equipment, and pension costs for retired officers.
The USPP may receive additional funds on a reimbursable basis
from non-NPS entities. No other funds are to be used to augment
the USPP operational budget.
As stated above, the funding recommended for this
appropriation activity in fiscal year 2001 is $78,048,000,
which represents the budget request and additional funds to
cover the four specific items detailed above. The only other
funds which may be allocated to the park police are for those
USPP costs assumed in the ONPS budget as continuing in the park
bases of the Statue of Liberty and Gateway National Recreation
Area, to respond to approved emergency law and order incidents
and to maintain and repair USPP administrative facilities. When
the Director has determined the appropriate amounts of the
funding of these two units that should be devoted to USPP
purposes, and the level of service that the USPP must continue
to provide with those resources, the House and Senate
Committees on Appropriations should be informed. In developing
the fiscal year 2002 budget, the Service should make the
necessary adjustments to show these funding increments entirely
in the USPP appropriation account.
The managers are concerned about the ongoing reports of
financial shortfalls and funding discrepancies involving the
USPP budget. The managers expect the USPP to prepare a detailed
financial plan on the proposed use of the fiscal year 2001
funds appropriated in the separate account as well as to be
made available from ONPS, within 30 days of enactment of this
Act. The financial plan should include information such as
existing and planned staffing levels, pay and benefits,
overtime pay, recruitment classes, planned expenditures for
equipment, and complete object class data for each USPP
program. Once the financial plan has been reviewed and approved
by the regional director for the National Capital Region, the
National Park Service's comptroller, and the National Academy
of Public Administration, it is to be followed.
The budget function for the USPP is to be carefully
controlled by the regional director's office. Any proposed
deviation from the financial plan must be approved in advance
by the regional director, and if it constitutes a reprogramming
pursuant to the reprogramming guidelines, must come before the
House and Senate Committees on Appropriations for approval. The
USPP is directed to manage its expenditures using the same
financial management system as the rest of the National Park
Service, and should cease use of other systems immediately. The
managers expect the USPP to engage in the same budget
formulation, execution, and reporting practices as the rest of
the Service.
With regard to recruitment classes, the funding level
recommended by the managers continues the $2,361,000 provided
in fiscal year 2000 for the conduct of two recruit classes
(each with a class size of 24 recruits). These funds cover
salary costs for the 48 recruits as well as their training
costs, travel, lodging, initial uniform, equipment, applicant
physicals, and background checks. At the end of training, these
recruits will fill existing funded vacancies. It is the
managers' expectation that two recruit classes will be
conducted in fiscal year 2001. This assumption should be
reflected in the financial plan; any proposed reallocation of
funds from recruit classes to other operating expenses is
considered a reprogramming and must be approved by the House
and Senate Committees on Appropriations.
In addition to the financial controls imposed above, the
managers also expect the USPP to identify the necessary funds
to pay for an independent review of the structure and financial
plan of the USPP. This funding should be reflected in the
financial plan. The managers direct the National Park Service
to contract with the National Academy of Public Administration
for this assessment within 30 days of enactment of this Act.
The assessment should include: (1) an evaluation of the mission
and goals of the USPP in accordance with statutory and
regulatory requirements, (2) an assessment of the USPP mission
vis-a-vis other Federal agencies and law enforcement entities,
including a review of the extent to which the USPP is involved
in supporting law enforcement functions which go beyond the
mission of the National Park Service, including estimated costs
associated with these activities, (3) an evaluation of current
and future staffing requirements to meet mission and goals, and
an examination of the methodology used by the USPP to determine
staffing needs, and (4) an analysis of the spending patterns of
the USPP over the last three fiscal years, with particular
regard to the extent to which actual expenditures tracked
against approved financial plans, the adequacy of budget
projections for items such as overtime and special deployments
versus actual expenses, the extent to which the USPP assessed
the costs of new activities before committing personnel, a
review of the operating costs for the helicopters for NPS
purposes versus other jurisdictions, and an assessment of the
expenditures for equipment replacement against an identified
plan.
National Recreation and Preservation
(including transfer of funds)
The conference agreement provides $58,359,000 for
National recreation and preservation instead of $47,956,000 as
proposed by the House and $61,249,000 as proposed by the Senate
(excluding urban parks funding, which is included in a separate
appropriations account). The agreement provides $542,000 for
recreation programs as proposed by the House and Senate. The
agreement provides $10,805,000 for natural programs instead of
$11,205,000 proposed by the House and $10,505,000 as proposed
by the Senate. This includes increases of $300,000 for the
Rivers and Trails program and $300,000 for hydro relicensing.
While the managers have not earmarked the River and Trails
program, consideration should be given to groups involved in
hiking and biking trails in southeastern Michigan and the
Service is encouraged to work cooperatively with groups in this
area.
The conference agreement includes $20,753,000 for
cultural programs instead of $19,853,000 as proposed by the
House and $20,253,000 as proposed by the Senate. This includes
$250,000 for the ongoing Revolutionary War/War of 1812 study,
and increases of $100,000 for Gettysburg NMP technical
assistance, $250,000 for the National Center for Preservation
Technology and $300,000 for Heritage Preservation, Inc.
The managers are aware of efforts to commemorate and
interpret underground railroad sites in Wilmington, Delaware,
and the surrounding area, and encourage the National Park
Service to provide technical assistance and such other support
for these efforts as is consistent with the National
Underground Railroad Network to Freedom Act and other
appropriate Service programs.
The conference agreement includes $10,307,000 for
Heritage Partnership Programs instead of $9,420,000 as proposed
by the House and $9,787,000 as proposed by the Senate. Funds
are to be distributed as follows:
America's Agricultural Heritage Partnership............. $500,000
Augusta Canal National Heritage Area.................... 700,000
Automobile National Heritage Area....................... 338,000
Cache La Poudre River Corridor.......................... 50,000
Cane River National Heritage Area....................... 400,000
Delaware and Lehigh National Heritage Corridor.......... 600,000
Essex National Heritage Area............................ 1,000,000
Hudson River Valley National Heritage Area.............. 902,000
Illinois and Michigan Canal National Heritage Corridor.. 240,000
John H. Chafee Blackstone River Valley National Heritage
Corridor............................................ 600,000
Lackawanna Heritage Area................................ 500,000
National Coal Heritage.................................. 245,000
Ohio and Erie Canal National Heritage Center............ 1,000,000
Quinebaug and Shetucket Rivers Valley National Heritage
Corridor............................................ 515,000
Rivers of Steel National Heritage Area.................. 1,000,000
Schuykill National Heritage Center...................... 200,000
Shenandoah Valley Battlefields National Historic
District............................................ 400,000
South Carolina National Heritage Corridor............... 1,000,000
--------------------------------------------------------
____________________________________________________
Project total..................................... 10,190,000
Overhead/fixed costs.................................... 117,000
--------------------------------------------------------
____________________________________________________
Total............................................. 10,307,000
The managers have reallocated the technical assistance
funds requested in the budget to the individual heritage areas,
which are in a better position to decide their needs. These
funds are for technical assistance to local governments and
partner organizations to help implement locally supported
projects consistent with the overall plans for these designated
areas. These funds may be used to contract for government or
private sector services to respond to local requests for
assistance. Within the total provided, the managers have
included $17,000 for fixed costs and $100,000 for
administrative overhead.
The managers direct that implementation funds for the
Hudson River Valley National Heritage Area are contingent upon
National Park Service approval of the management and
interpretive plans that are currently being developed.
The conference agreement provides $12,296,000 for
Statutory or Contractual Aid instead of $3,280,000 as proposed
by the House and $16,506,000 as proposed by the Senate. The
funds are to be distributed as follows:
Alaska Native Cultural Center........................... $742,000
Aleutian World War II National Historic Area............ 100,000
Brown Foundation........................................ 101,000
Chesapeake Bay Gateways................................. 2,300,000
Dayton Aviation Heritage Commission..................... 300,000
Four Corners Interpretive Center........................ 2,250,000
Ice Age National Scientific Reserve..................... 798,000
Johnstown Area Heritage Association..................... 49,000
Lamprey River........................................... 500,000
Mandan On-a-Slant Village............................... 500,000
Martin Luther King, Jr. Center.......................... 529,000
National First Ladies Library........................... 500,000
Native Hawaiian culture and arts program................ 742,000
New Orleans Jazz Commission............................. 66,000
Roosevelt Campobello International Park Commission...... 730,000
Route 66 National Historic Highway...................... 500,000
Sewall-Belmont House.................................... 495,000
Vancouver National Historic Reserve..................... 400,000
Wheeling National Heritage Area......................... 594,000
Women's Progress Commission............................. 100,000
The managers have provided $2,300,000 for the Chesapeake
Bay Gateway program. Within this amount is $800,000 for grants
and technical assistance and $1,500,000 for the purchase of the
Holly Farm Beach property requested in the President's budget.
The acquisition dollars are subject to at least an equal match
by State or private funds. Should the $1,500,000 not be
expended for the purchase of the Holly Farm Beach property, the
Service should submit a reprogramming for other needs within
the National Park Service. These funds will not be made
available in addition to the $800,000 provided for the base
program. The managers have not provided $2,000,000 for the
Urban Parks Program in the account as proposed by the House and
Senate. A total of $10 million is provided in a separate
account.
The managers have included language in the bill providing
for the transfer to this account of $1,595,000 previously
appropriated for the acquisition of Ferry Farm, George
Washington's Boyhood Home. Since an easement on this property
has been acquired at the appraised fair market value, these
funds are not required for further acquisition. The transferred
funds are to be provided as a grant to the George Washington's
Fredericksburg Foundation for the conduct of archaeological
investigations at the site, research into the life of George
Washington's family at Ferry Farm, development of interactive
education programs, development of visitor programs, and other
activities that complement the National Park Service's programs
and mission in the Fredericksburg area.
URBAN PARK AND RECREATION FUND
The conference agreement provides $10,000,000 for the
urban park and recreation fund instead of the $2,000,000
proposed by the House and Senate as part of the National
recreation and preservation account.
HISTORIC PRESERVATION FUND
The conference agreement provides $79,347,000 for the
historic preservation fund instead of $41,347,000 as proposed
by the House and $44,347,000 as proposed by the Senate. Changes
to the House level include $3,000,000 for State Historic
Preservation Offices as proposed by the Senate.
The managers have also provided $35,000,000 for Save
America's Treasures. These funds are subject to a fifty percent
cost share, and no single project may receive more than one
grant from this program. The funds are to be distributed as
follows:
Alexandria Academy, VA.................................. $200,000
Arlington House, VA..................................... 150,000
Ashland Depot, WI....................................... 500,000
Athens State Founders Hall, AL.......................... 100,000
Belle of Louisville, KY................................. 500,000
Berman Museum, PA....................................... 250,000
Bodie Lighthouse, NC.................................... 200,000
Boston Symphony Hall, MA................................ 200,000
Darwin Martin House, NY................................. 1,000,000
Delf Norona Museum, WV.................................. 500,000
Durst-Taylor House, TX.................................. 275,000
First Avenue National Register District (Fairbanks), AK. 300,000
Grays Harbor County Courthouse, WA...................... 500,000
Barre Heritage Museum, VT............................... 950,000
Hopewell Museum, KY..................................... 250,000
Huntsville Depot, AL.................................... 75,000
Old Danforth Street Bridge, MA.......................... 500,000
Lewes Maritime Park, DE................................. 1,000,000
Liberty Theater, OR..................................... 400,000
Lincoln Pond/Colonial Theatre, FL....................... 837,000
Loudoun House, KY....................................... 750,000
Marine Science Center Historic site, WA................. 150,000
Mark Twain House (annex), Hartford, CT.................. 1,000,000
Mary O'Keefe Cultural Center for Arts and Education, MS. 300,000
Monitor Barns project, VT............................... 200,000
Museo de las Americas, CO............................... 110,000
New Bedford Whaling NHP (Corson Building), MA........... 150,000
Ochre Court, RI......................................... 300,000
Ohio Company of Associations papers, OH................. 200,000
Old Dutch Church National Historic Site, NY............. 300,000
Osceola Courthouse, FL.................................. 500,000
Point Retreat Lighthouse, AK............................ 300,000
Pond Spring, AL......................................... 363,000
Princess Theater, AL.................................... 125,000
Rice Museum (Brown's Ferry), SC......................... 250,000
Rosa Parks Museum, AL................................... 405,000
Rowan Oak, MS........................................... 300,000
Shaker Village Museum, NY............................... 750,000
Southside Sportsman Club, NY............................ 400,000
Titan Missile Museum, AZ................................ 200,000
Truman Memorial, MO..................................... 250,000
Voting Rights Museum, GA................................ 250,000
Vulcan statue, AL....................................... 1,500,000
Wausau Grand Theater, WI................................ 400,000
Wheeler Block Building, VT.............................. 175,000
Woodward Opera House, OH................................ 900,000
Yokut Tribe Heritage Center, CA......................... 275,000
York Farmers' Market, PA................................ 260,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 20,000,000
Undistributed........................................... 15,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 35,000,000
Additional project recommendations for funding shall be
subject to formal approval of the House and Senate Committees
on Appropriations prior to any distribution of funds. Within
the undistributed funds provided, the managers have no
objection to the project identified in the budget request.
CONSTRUCTION
The conference agreement provides $242,174,000 for
construction instead of $141,004,000 as proposed by the House
and $204,450,000 as proposed by the Senate. The funds are to be
distributed as follows:
[Dollars in thousands]
------------------------------------------------------------------------
Project Planning Construction
------------------------------------------------------------------------
Antietam NB, MD (stabilize/restore ............... 500
battlefield structures)..............
Apostle Islands NL, WI (erosion ............... 1,360
control).............................
Apostle Islands NL, WI (rehab Outer ............... 600
Island lighthouse)...................
Arches NP, UT (visitor center)........ 514 ...............
Big Bend NP, TX (rehabilitate water ............... 770
system)..............................
Canaveral NS, FL (Seminole Rest)...... 300 300
Cape Cod NS, MA (rehabilitate visitor ............... 2,753
center)..............................
Castillo San Marcos NM, FL (stabilize ............... 828
and restore fort)....................
Chiricahua NM, AZ (replace water ............... 1,128
system)..............................
Colonial NHP, VA (erosion control).... ............... 3,064
Corinth NB, MS (construct visitor ............... 4,000
center)..............................
Cumberland Island NS, GA (St. Mary's 779 ...............
visitor center)......................
Cuyahoga NRA, OH (stabilize riverbank) ............... 3,000
Dayton Aviation NHP, OH (east ............... 1,300
exhibits)............................
Delaware Water Gap NRA, PA/NJ (Depew 114 ...............
site)................................
Down East Heritage Center, ME......... 350 ...............
Dry Tortugas NP, FL (stabilize and ............... 500
restore fort)........................
Edison NHS, NJ (preserve historic 129 1,175
buildings and museum collections)....
Everglades NP, FL (modified water ............... 9,000
delivery system).....................
Fire Island NS, NY (rehabilitate and ............... 1,933
protect beach facilities, dunes,
wetlands)............................
Ft. Stanwix NM, NY (completes ............... 1,500
rehabilitation)......................
Ft. Washington Park, MD (repair 386 ...............
masonry wall)........................
Gateway NRA, NY/NJ (preservation of 300 ...............
artifacts at Sandy Hook unit)........
George Washington Memorial Parkway, MD/ ............... 2,200
VA (rehabilitate Glen Echo
facilities)..........................
George Washington Memorial Parkway, MD/ 100 ...............
VA (Belle Haven).....................
George Washington Memorial Parkway, MD/ ............... 300
VA (Mt. Vernon trail)................
Gettysburg NMP, PA (install fire ............... 1,323
suppression).........................
Glacier NP, MT (rehabilitate sewage ............... 4,544
treatment system)....................
Grand Portage NM, MN (heritage center) 511 ...............
Harpers Ferry NHP, WV (rehabilitate 153 1,086
maintenance building)................
Hispanic Cultural Center, NM ............... 1,500
(construct cultural center)..........
Hot Springs NP, AR (rehabilitation)... ............... 3,000
Independence NHP, PA (rehabilitate ............... 7,250
Merchant's Exchange building)........
John H. Chafee Blackstone River Valley ............... 2,500
NHC, RI/MA...........................
Kenai Fjords NP, AK (completes 795 ...............
interagency visitor center design)...
Kendall Courthouse, IL (restoration).. ............... 300
Keweenaw NHP, MI (restore historic 400 ...............
Calumett, Hecla and Union building)..
Lake Champlain NHLs, VT (including Mt. ............... 650
Independence)........................
Lincoln Library, IL................... ............... 10,000
Lincoln Home NHS, IL (restore historic 290 ...............
structures)..........................
Longfellow NHS, MA (carriage barn).... ............... 487
Maggie Walker NHS, VA (stabilize and ............... 1,867
restore historic structures).........
Mammoth Cave NP, KY (resolve OSHA ............... 3,650
violations/resource deterioration)...
Manzanar NHS, CA (establish ............... 5,124
interpretive center and headquarters)
Minute Man NHP, MA (restore Battle ............... 818
Road Trail historic structures)......
Missouri Recreation River Research & 193 2,350
Education Center, NE (Ponca State
Park)................................
Morristown NHP, NJ.................... 500 ...............
Morris Thompson Visitor and Cultural 500 ...............
Center, AK (planning)................
Mt. Rainier NP, WA (exhibit planning 150 ...............
and film)............................
National Capital Parks--Central, DC ............... 936
(preserve Jefferson Memorial)........
National Constitution Center, PA ............... 10,000
(Federal contribution)...............
National Underground RR Freedom ............... 6,000
Center, OH...........................
New Jersey Coastal Heritage Trail, NJ ............... 338
(exhibits, signage)..................
New River Gorge NR, WV (repair 445 800
retaining wall, visitor facilities,
technical support)...................
North Cascades NP, WA (stabilize and ............... 2,370
repair visitor center)...............
Olympic NP, WA (removal of Elwha dam & ............... 15,000
related facilities; water protection
facilities)..........................
Palace of the Governors, NM (build ............... 10,000
museum)..............................
Palo Alto Battlefield NHS, TX 203 1,614
(completes visitor center)...........
Petersburg NB, VA (preserve historic ............... 666
earthen forts).......................
Redwood NP, CA (remove failing roads). ............... 713
Salem Maritime NHP, MA (rehabilitate ............... 1,002
historic Polish Club)................
Santa Monica Mountains NRA, CA ............... 1,345
(rehabilitate unsafe facilities).....
Sequoia NP, CA (remove facilities and ............... 8,381
restore Giant Forest)................
Shiloh NMP, TN (erosion control)...... ............... 1,000
Southwest Pennsylvania Heritage, PA ............... 3,000
(rehabilitation).....................
St. Croix NSR, WI (planning for VC/ 240 330
headquarters; rehabilitate river
launch site).........................
St. Gaudens NHS, NH (collections 20 445
building, fire suppression)..........
Statue of Liberty and Ellis Island, NY/ 340 2,000
NJ (ferry terminal utilities)........
Tuskegee Airmen NHS, AL (stabilization 500 ...............
planning)............................
U.S. Grant Boyhood Home, OH ............... 365
(rehabilitation).....................
Vancouver NHR, WA (exhibits, ............... 2,000
rehabilitation)......................
Vicksburg NMP, MS (various)........... 739 550
Washita Battlefield NHS, OK (visitor 788 ...............
center planning).....................
Wheeling Heritage Area, WV............ ............... 4,000
Wilson's Creek NB, MO (complete ............... 38
library).............................
Wright Brothers NM, NC (planning for 200 ...............
visitor center restoration)..........
Yellowstone NP, WY (replace water and ............... 5,077
wastewater treatment facilities).....
---------------------------------
Subtotal.......................... 9,939 160,630
Line-item projects (from above)....... ............... 160,630
Emergency or Unscheduled Projects..... ............... 3,500
Housing replacement................... ............... 5,000
Dam safety............................ ............... 1,440
Equipment replacement................. ............... 18,000
Construction planning (PB 10,840 plus ............... 20,779
amounts from above for add-ons)......
Pre-design and supplementary services. ............... 4,500
Construction program management and ............... 17,100
operations...........................
General management planning........... ............... 11,225
---------------------------------
Total, NPS Construction........... ............... 242,174
------------------------------------------------------------------------
The managers have provided $1,500,000 to complete the
Federal investment at Fort Stanwix NM in New York.
The managers expect the Service to provide the necessary
funds, within the amounts provided for Equipment Replacement,
to replace the landing craft at Cumberland Island NS and
replace the airplane at Glen Canyon National Recreation Area.
Within the amounts provided for special resource studies
are funds to initiate a Lincoln Highway Study ($300,000), to
initiate a study to define the cultural significance and value
to the Nation of the Congaree Creek site in Lexington County,
SC, as part of the Congaree National Swamp Monument, and a
study for a national heritage area in the Upper Housatonic
Valley in Northwest Connecticut. These three studies are
subject to separate authorizations.
The managers support continuation of research activities
initiated as part of the Women's Rights (NHP) trail study and
direct the Service to continue this effort throughout fiscal
year 2001. It is the managers' understanding that prior to any
discussions about implementation of the plan, this project must
be authorized by the appropriate House and Senate legislative
committees.
The managers are aware that the Service is in the process
of drafting a new management plan for the Niobrara National
Scenic River. The managers firmly believe that this plan should
embody a strong and central role for a local management council
as envisioned in the Niobrara Scenic River Designation Act of
1991, and as recommended by the Niobrara Scenic River Advisory
Commission established pursuant to the Act. The Council should
be a full partner with the National Park Service in managing
the Niobrara National Scenic River, and this relationship
should be reflected in the General Management Plan.
The managers are aware of a proposal by the National Park
Service regarding the use of $2.6 million in unobligated funds
remaining for the visitor transportation system at Grand Canyon
National Park. Approximately $7.4 million was appropriated in
recent years for improvements to the existing visitor
transportation system at Grand Canyon. The funds were provided
to meet equipment needs to expand the loop system available to
South Rim visitors; to retrofit buses to natural gas; to
purchase both electric and natural gas buses; and to conduct
planning associated with the proposed new visitor transit
system from outside the park. The managers have no objections
to the use of the balance of the funds to purchase new bus
trailer units as well as to install a permanent natural gas
fueling station.
The managers are aware of serious information technology
requirements facing the Service, and urge the Service to
prioritize the necessary investments in order to foster
improved management of information and business practices
across the Service. Towards that end, the managers have no
objection to the recommendation of the National Leadership
Council that the IT equipment replacement funds appropriated
herein ($1,985,000) be used to address information
infrastructure costs associated with the new network design. In
addition, $2,700,000 of the $20,000,000 added by the managers
in the ONPS account for maintenance should be used for this
purpose. Improvements to the NPS bandwidth capability should
improve the ability of parks, however remote, to use systems
such as the Project Management Information System, ParkNet, the
Operations Formulation System, the Interior Department
Electronic Acquisition System, and the Project Management
Development System.
As part of the Memorandum of Understanding (MOU) directed
in last year's conference agreement, the managers urge the City
of Port Angeles and the Park Service to agree on the water
supply facilities necessary to mitigate the impact of Elwha
River dam removal. If the City and Park Service cannot agree on
the type and scope of new water supply facilities by March 1,
2001 (or within a reasonable time prior to designing the
facilities), the managers direct that the water supply
facilities included in the MOU minimally meet the water quality
standards mandated by, and be acceptable to, the Washington
State Department of Health.
land and water conservation fund
(rescission)
The conference agreement rescinds the contract authority
provided for fiscal year 2001 by 16 U.S.C. 460l-10a as proposed
by both the House and the Senate.
land acquisition and state assistance
The conference agreement provides $110,540,000 for land
acquisition and State assistance instead of $104,000,000 as
proposed by the House and $87,140,000 as proposed by the
Senate. Funds should be distributed as follows:
Area (State) Amount
Apostle Islands NL (WI)................................. $200,000
Appalachian NST (Ovoka Farm) (VA)....................... 1,200,000
Black Canyon of the Gunnison NP/Curecanti NRA (CO)...... 1,300,000
Brandywine Battlefield (PA)............................. 1,000,000
Cape Cod NS (MA)........................................ 500,000
Chickamauga/Chattanooga NMP (TN)........................ 1,200,000
Cumberland Gap NHP-Tunnel (TN).......................... 40,000
Cuyahoga Valley NRA (OH)................................ 1,500,000
Delaware Water Gap NRA (PA)............................. 1,000,000
Ebey's Landing NHR (WA)................................. 3,250,000
Everglades--Grant to the State of Florida............... 12,000,000
Fredericksburg/Spotsylvania NMP (VA).................... 2,500,000
Gettysburg NMP (PA)..................................... 2,000,000
Gulf Islands NS (Cat Island) (MS)....................... 2,000,000
Harpers Ferry NHP (WV).................................. 2,000,000
Homestead NHS (NE)...................................... 400,000
Ice Age NST (Wilke Tract) (WI).......................... 2,000,000
Indiana Dunes NL (IN)................................... 2,000,000
Mississippi National River RA (Lower Phalen Creek) (MN). 1,300,000
Manassas NB (VA)........................................ 1,000,000
Petroglyph NM (NM)...................................... 2,700,000
Piscataway Park (MD).................................... 200,000
Saguaro NP (AZ)......................................... 2,200,000
Santa Monica Mountains NRA (CA)......................... 2,000,000
Shenandoah NHA (VA)..................................... 1,000,000
Sitka NHP (Sheldon Jackson College) (AK)................ 1,300,000
Sleeping Bear Dunes NL (MI)............................. 1,100,000
Stones River NB (TN).................................... 1,500,000
Vicksburg NMP (MS)...................................... 150,000
Wrangell-St. Elias NP & Pres. (AK)...................... 1,500,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 52,040,000
Emergency & Hardship.................................... 4,000,000
Inholdings & Exchanges.................................. 2,500,000
Acquisition Management.................................. 11,500,000
Stateside Grants........................................ 39,000,000
Administrative Assistance to States..................... 1,500,000
--------------------------------------------------------
____________________________________________________
Total............................................. 110,540,000
The managers have not included additional funds for
acquisition at Big Cypress National Preserve, Florida due to a
prior year unobligated balance of $11,000,000. The managers
understand that these funds cannot be obligated in fiscal year
2001 due to a lack of willing sellers.
The conference agreement provides $1,300,000 for the
Black Canyon of the Gunnison National Park and for the
Curecanti National Recreation Area, located in Colorado. The
managers direct the Service to use the funds to complete the
acquisition project in the Black Canyon of the Gunnison NP and
to purchase the Fitti parcel in the Curecanti NRA.
The $1.2 million identified for the purchase of a portion
of the Ovoka Farm for inclusion within the Appalachian National
Scenic Trail shall not be expended until an agreement with the
United States is signed for the purchase of four tracts
containing 75.14 acres within the current boundary of the
Appalachian NST and owned by Phillip S. Thomas. The price to be
paid by the National Park Service for these tracts and for the
portion of Ovoka farm shall not exceed the approved appraised
value as established by the National Park Service. The
acquisition of these tracts and a portion of Ovoka Farm shall
be subject only to restrictions the Park Service finds
acceptable.
The $2 million identified for the purchase of Cat Island,
MS, is subject to authorization.
The $1,000,000 included for the Shenandoah Valley
Battlefields National Historic District is contingent upon the
final approval by the Secretary of the Interior of the
Commission plan and the establishment of the management entity
to manage and administer the district as authorized by Public
Law 104-333. The funds are to be used only for land
acquisitions as authorized in Public Law 104-333.
The $1,100,000 included for the Sleeping Bear Dunes
National Lakeshore are for the following parcels: #34-127 (160
acres), and #34-169 (31 acres). Seven acres of parcel #34-169
as negotiated are to remain with the current owner.
In fiscal year 2000, Congress provided $1,500,000 for
land acquisition at the Hawaii Volcanoes National Park. The
managers are aware that the negotiations have stalled with the
seller of the Great Crack property, which was the Service's
intended purchase with these funds. The managers are also aware
of the Park's long standing interest in acquiring the Kahuku
Ranch, which is contiguous to the Park and that the owners of
the Kahuku Ranch have offered the ranch for sale. The managers,
therefore, direct that the $1,500,000 provided in fiscal year
2000 be used toward the purchase of the Kahuku Ranch for an
addition to Hawaii Volcanoes National Park. The current
authorizing language, however, puts a restriction on lands
added to ``round out'' the park. The restriction only allows
these additions to the Park through donation of land or
purchase with donated funds. As such, the above direction is
subject to the removal of this restriction from the authorizing
language. The managers further direct the Service to conduct a
full review and public scoping process with respect to adding
Kahuku Ranch to Hawaii Volcanoes National Park prior to
expending any of these funds for purchase of the Kahuku
property.
The managers have provided $1.5 million for the intended
purchase of patented mining claims in Wrangell-St. Elias
National Park by the National Park Service. The managers note
that the Director of the National Park Service recently
announced that an appraisal on certain patented claims will
commence in October, 2000. It is the express intent of the
managers that the National Park Service works with the holders
of mining claims in Wrangell-St. Elias National Park in order
to reach a purchase price that is objectively fair and
equitable, both to the citizens of the United States and to the
affected claim owners. To that end, and in order to facilitate
the acquisition process, the managers instruct the National
Park Service to consult with claim owners to attempt to select
property appraisers who will be mutually agreeable. Upon
completion of any appraisal in anticipation of the acquisition
of the mining claims in Wrangell-St. Elias National Park, the
National Park Service is further instructed to negotiate with
the claim owners in a good faith effort to arrive at a price
for the purchase of the claims that is acceptable to all
parties.
Language is included in the bill which allows
$50,000,000, in unexpended Everglades land acquisition funds
appropriated in fiscal years 1994 and 2000, to be used for the
implementation of the Modified Water Deliveries project,
including implementation of the Recommended Plan for the 8.5
square mile area component of the project. The managers also
agree to the Department's proposal to redirect $3,796,000 in
unexpended land acquisition funds appropriated originally for
the construction of the Modified Water Deliveries project, but
later transferred for land acquisition projects pursuant to
discretionary authority granted to the Secretary in Public Law
103-219, for the Modified Water Deliveries Project. The
Modified Water Deliveries Project provides a base upon which
further hydrologic improvements for the park will be made in
the form of the proper quantity, quality, timing, and
distribution of water to the park as anticipated under the
Comprehensive Everglades Restoration Plan.
Language is also included in the bill, as proposed by the
Senate which prohibits Stateside land and water funds from
being used to establish a reserve or contingency fund.
United States Geological Survey
surveys, investigations, and research
The conference agreement provides $862,046,000 for
surveys, investigations, and research instead of $816,676,000
as proposed by the House and $848,396,000 as proposed by the
Senate.
Changes to the House funding level for the national
mapping program include increases of $2,096,000 for
uncontrollable costs, $500,000 for the national atlas, and
$3,400,000 for Landsat operations, and a decrease of $100,000
for hyperspectral remote sensing.
Increases above the House for geologic hazards, resources
and processes include $4,296,000 for uncontrollable costs,
$1,000,000 for earthquake hazards, $250,000 for the Hawaiian
volcano program, $1,525,000 for minerals at risk, $475,000 for
Yukon Flats geology surveys, $1,200,000 for the Nevada gold
study, $500,000 for geologic mapping, and $300,000 for Lake
Mead/Mojave research.
Changes to the House level for water resources include
increases of $5,292,000 for uncontrollable costs, $1,370,000
for real time hazards, $300,000 for the Lake Champlain toxic
study, $450,000 for Hawaiian water monitoring, $2,000,000 for
the ground water program, and $300,000 for the Southern
Maryland aquifer study, and a decrease of $500,000 from the
Molokai well project.
Increases above the House for biological research include
$3,177,000 for uncontrollable costs, $400,000 for the
cooperative research units, $180,000 for a Yukon River chum
salmon study, $8,000,000 for science center funding, $500,000
for ballast water research, $500,000 for sea otter research for
the Fish and Wildlife Service, $4,000,000 for the National
Biological Information Infrastructure and $750,000 for the
continuation of the Mark Twain National Forest mining study to
be accomplished in cooperation with the water resources
division and the Forest Service.
The managers recognize the importance of the National
Biological Information Infrastructure (NBII), which can provide
valuable information to assist private and governmental
entities in developing cost-effective responses to problems of
environmental pollution, natural disasters, and many other
issues. Therefore, the managers have provided $4,000,000 to
create NBII ``nodes'' to work in conjunction with private and
public partners to provide increased access to and organization
of information to address these and other challenges. These
funds are to be used to create a nationwide network covering
the following regions: Pacific Basin, Hawaii, $350,000;
Southwest, Texas, $1,000,000; Southern Appalachian, Tennessee,
$1,000,000; Pacific Northwest, Washington, $200,000; Central
Region, Ohio, $250,000; North American Avian Conservation,
Maryland, $200,000; Network Standards and Technology, Colorado,
$250,000; Fisheries Node, Virginia and Pennsylvania, $400,000;
California/Southwest Ecosystems Node, California, $200,000;
Greater Yellowstone Ecosystem Node, Montana, $150,000.
Increases above the House for science support include
$1,791,000 for uncontrollable costs. Increases above the House
for facilities include $1,418,000 for uncontrollable costs.
The managers have provided $500,000 to the Western
Fisheries Research Center to conduct a pilot project on the
pre- and post-treatment of ballast water for biological
activity. The center should develop a protocol for the
sampling/monitoring of discharge of exchanged ballast water;
develop an attainable standard for treated ballast water that
can be effectively monitored; evaluate the treatment
effectiveness; and develop and publish a report of the project
results.
The managers have included an additional $500,000 for the
continued development of the National Geologic Map Data Base as
authorized by the National Geologic Mapping Act. With the
development of the prototype data base, the managers expect the
Survey to work with State geological surveys in converting maps
to digital format.
The managers direct that within available funds, the
Leetown Science Center should begin to conduct drug efficiency
research. In addition, of the $920,000 earmarked in Senate
report 106-312 for the Leetown Science Center, $300,000 is for
engineering and design and $620,000 is for the repair and
rehabilitation of heating, ventilation, and air conditioning
and other activities outlined in the budget request.
Within the funds provided for the Biological Research
Division, the managers have earmarked $3,400,000 for mission-
critical science support for the Fish and Wildlife Service
(FWS). The managers reiterate that these funds are for research
needs solely identified by FWS and, as such, are provided to
establish a parallel program similar to the Natural Resources
Preservation program in the National Park Service.
The managers support the expansion of the Gateway to the
Earth program to other organizations across the country as
provided in House report 106-646. Further, the managers
encourage the Ohio View consortium to provide leadership and
expertise to the new program participants.
The managers have maintained funding for light distancing
and ranging (LIDAR) technology to assist with recovery of
Chinook Salmon and Summer Chum Salmon under the Endangered
Species Act. These funds should be used in Mason County, WA, to
contract for the continued mapping of drainage systems and
stream systems, and to identify potentially unstable slopes.
The managers commend the progress the Survey has made to
date in increasing the use of private sector services in the
conduct of its work, as well as developing ongoing dialogue
with the private sector. The managers continue to encourage
that, where appropriate, the Survey makes use of private sector
services in all areas including scientific research, technical
support, and administrative activities, to achieve an
appropriate balance to best meet the mission of the Survey.
The managers endorse the concept that the Department of
the Interior, as primary steward of the Nation's public lands,
is the appropriate agency to manage the Landsat program in
partnership with the National Aeronautics and Space
Administration. As such the managers have provided an
additional $3,400,000 for Landsat 7 operations.
With respect to USGS at-cost pricing of Landsat 7
products, as called for by the Land Remote Sensing Policy Act
of 1992, the managers realize that this creates a perception of
competition with private sector operators of remote-sensing
satellites. Therefore, the managers are pleased to learn that
the Survey has taken steps at the highest levels to improve
communication with the private sector and to work toward
mutually beneficial partnerships wherever feasible. The
managers urge the Survey to increase and sustain such efforts.
Minerals Management Service
royalty and offshore minerals management
The conference agreement provides $133,410,000 for
royalty and offshore minerals management instead of
$127,200,000 as proposed by the House and $134,010,000 as
proposed by the Senate. The total amount available for this
account is $240,820,000, which includes $107,410,000 in
offsetting receipts, which offset partially the 2001 funding
requirements for the royalty and offshore minerals management
program.
Changes to the House include an increase of $6,620,000
for uncontrollable costs. In addition, the managers have agreed
to an increase in offsetting receipts of $410,000 as proposed
by the Senate.
The managers have modified language proposed by the House
for the continuation of the royalty-in-kind pilot programs. The
modification allows the Service to pay transportation not only
to wholesale market centers but also to upstream pooling
points.
The managers have again provided $1,400,000 to the
Offshore Technology Research Center (OTRC) for research in
support of the Bureau's offshore minerals program. The managers
expect the full amount to be spent on the OTRC in College
Station, TX. The managers note that this research effort is to
be a cooperative one in which OTRC and MMS work together to
develop projects that meet the Bureau's critical research
needs, and the new technical, safety, and environmental
challenges the nation faces as offshore drilling moves into
deeper water. As such, OTRC is expected to work closely with
MMS to develop an appropriate list of projects that meet the
Bureau's critical research needs.
Within the funds provided for royalty and offshore
minerals management, the managers have included $600,000 for
the Center for Marine Resources and Environmental Technology.
OIL SPILL RESEARCH
The conference agreement provides $6,118,000 for oil
spill research as proposed by both the House and the Senate.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
The conference agreement provides $100,801,000 for
regulation and technology as proposed by the Senate instead of
$97,478,000 as proposed by the House. Funding for the
activities should follow the Senate recommendation. An
additional $275,000 is estimated to be available for use from
performance bond forfeitures.
ABANDONED MINE RECLAMATION FUND
The conference agreement provides $202,438,000 for the
abandoned mine reclamation fund instead of $197,873,000 as
proposed by the House and $201,438,000 as proposed by the
Senate. Funding for technology development, financial
management and executive direction should follow the Senate
recommended levels. The managers have also included the Senate
recommended funding level for the Appalachian Clean Streams
Initiative which increases the cap to $10,000,000. The managers
have also included the Senate proposed bill language for
minimum program States and bill language included in previous
years dealing with certain aspects of the State of Maryland
program. The conference agreement does not provide the Senate
recommended funding in this appropriation for a reforestation
demonstration in Kentucky although funding for this activity is
included in the Forest Service, State and Private forestry
appropriation. The managers have also provided separate funding
for the House recommended program on priority abandoned mine
reclamation and acid mine remediation in the anthracite region
of Pennsylvania in the Title I general provisions.
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
The conference agreement provides $1,741,212,000 for the
operation of Indian programs instead of $1,657,446,000 as
proposed by the House and $1,704,620,000 as proposed by the
Senate.
Increases above the House for tribal priority allocations
include $11,175,000 for uncontrollable costs, $5,000,000 for
the Indian self determination fund, $11,000,000 for the housing
improvement program $1,600,000 for general trust revenues,
$2,571,000 for real estate services, and $1,089,000 for real
estate appraisals.
Increases above the House for other recurring programs
include $10,910,000 for uncontrollable costs, $3,575,000 for
the FACE program, $2,925,000 for the model, therapeutic
residential $1,000,000 for administrative cost grants, $500,000
for Alaska subsistence, $176,000 for the Reindeer Herders
Association, and $1,891,000 for the tribally controlled
community colleges.
Increases above the House for non recurring programs
include $555,000 for uncontrollable costs, $2,300,000 for real
estates services, $1,000,000 for a distance learning,
telemedicine, fiber optic pilot program in Montana, $146,000
for Alaska legal services, $200,000 for forest inventory for
the Uintah and Ouray tribes, and $300,000 for a tribal guiding
program in Alaska.
Increases above the House for central office operations
include $727,000 for uncontrollable costs and $500,000 for
trust services.
Increases above the House for regional office operations
include $899,000 for uncontrollable costs $1,400,000 for
general trust services, $2,500,000 for real estate services,
$1,040,000 for land title records, $1,000,000 for land record
improvements, and $500,000 for general trust services.
Increases above the House for special programs and pooled
overhead include $7,637,000 for uncontrollable costs,
$9,000,000 for the law enforcement initiative, and $650,000 for
the Crownpoint Institute.
The managers continue to support the Tribally Controlled
Community Colleges (TCCC) and the technical schools of United
Tribes Technical College (UTTC) and the Crownpoint Institute of
Technology (CIT). To understand better how the House and Senate
Committees on Appropriations can further assist the TCCCs and
technical schools, the managers direct the TCCCs, UTTC, and CIT
to provide a report that describes the programs and services of
each institution. The report will also include all sources of
funding that support each institution's operations and
facilities, and the amount of funding by source for the
school's most recent fiscal year, the past fiscal year, and any
proposed program expansion or changes in operations for the
budget year. This report should be submitted to the Bureau of
Indian Affairs by December 31st each year. The Bureau is
directed to provide a consolidated summary of the reports in
conjunction with its annual budget submission to the Congress.
The managers have provided $1,000,000 for the distance
learning project on the Crow, Fort Peck, and Northern Cheyenne
reservations. These funds are for a fiber optic system to
benefit these communities in a broad array of areas from health
care to education and will eventually provide many new
opportunities for reservation residents. The Rocky Mountain
Technology Foundation will oversee the expenditure of these
funds and is expected to provide a cost share to the project
using in-kind or monetary donations from private and public
sources. The Foundation is directed to provide an annual report
to the House and Senate Committees on Appropriations through
the Bureau of Indian Affairs. The report will describe the
complete proposal for this Distance Learning Project, its
relationship to other similar projects, and what has been
accomplished to date with these funds.
The managers have been informed that severe seepage may
occur when the Shoshone and Arapaho tribes complete the first
fill protocols on the reservation's newly renovated Washaki Dam
next spring. The managers direct the Bureau to assess the
condition of the dam by February 1, 2001, and determine whether
funds are needed to pro-actively address the situation. If it
is determined that funds are needed, the Bureau should submit a
reprogramming request if funds are available.
A number of concerns have been raised concerning whether
tribes have been complying with the Single Audit Act. To
address this potentially serious issue, the managers direct the
Department to report back to the House and Senate Committees on
Appropriations detailing to what extent tribes in the lower 48
States, as well as those tribes in Alaska, have been in
compliance with the requirements of this Act. If it is found
that the tribes are not conforming with these audit
requirements, the Secretary shall provide recommendations to
the Committees that could be put in place to ensure that tribes
comply with the Single Audit Act.
The managers have restored funding for the housing
improvement program as proposed by the Senate. The managers
direct the Bureau to maintain the current distribution of funds
between repair and rehabilitation and construction of new
housing stock.
CONSTRUCTION
The conference agreement provides $357,404,000 for
construction instead of $184,404,000 as proposed by the House
and $341,004,000 as proposed by the Senate.
Increases above the House for education construction
include $395,000 for uncontrollable costs, $79,690,000 for
replacement school construction, $7,000,000 for a new tribal
school construction demonstration program as discussed below,
$5,000,000 for advance planning and design, $593,000 for
employee housing, and $80,109,000 for facilities improvement
and repair.
Changes to the House for public safety and justice
include an increase of $4,000 for uncontrollable costs.
Changes to the House for resources management include an
increase of $72,000 for uncontrollable costs.
Changes to the House for general administration include
an increase of $137,000 for uncontrollable costs.
The Administration's request for replacement school
construction assumed full funding for all school replacement
construction projects in the budget year based on guidance from
the Office of Management and Budget. The managers note that the
Lummi Tribal school was short funded by $8,400,000 in the
President's budget. The managers have corrected this error. The
conference agreement provides full funding for the next six
schools on the BIA priority list.
As mentioned above, the managers provide an additional
$7,000,000 to establish a new tribal school construction
demonstration program. This new program will allow tribes to
cost share 50 percent of the cost for replacement schools.
Under this new demonstration program the Secretary is directed
to give priority consideration to those tribes that are on the
BIA priority list for construction of a replacement school.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The conference agreement provides $37,526,000 for Indian
land and water claim settlements and miscellaneous payments to
Indians instead of $34,026,000 as proposed by the House and
$35,276,000 as proposed by the Senate.
Increases above the House include $1,250,000 for Aleutian
Pribilof church repairs, which completes this program as
authorized, $50,000 for Walker River (Weber Dam), $200,000 for
Pyramid Lake and $2,000,000 for the Great Lakes Fishing
Settlement.
The managers understand that an agreement has finally
been reached between the tribes, the State of Michigan and the
Federal government in United States v. Michigan, Case No. 2:73
CV 26. Pursuant to the consent agreement entered by the Court
in this case, the managers provide $2,000,000 as part of the
Federal government's obligation. The managers direct the Bureau
to include the Great Lakes Fisheries settlement agreement in
its fiscal year 2002 budget request. The managers intend to
address the remaining Federal government obligations under the
consent agreement in the fiscal year 2002 appropriation.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The conference agreement provides $4,988,000 for the
Indian guaranteed loan program account as proposed by the
Senate instead of $4,985,000 as proposed by the House.
ADMINISTRATIVE PROVISIONS
The managers have agreed to a technical change in
language relating to charter schools as proposed by the Senate.
Departmental Offices
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
The conference agreement provides $75,471,000 for
assistance to territories, instead of $69,471,000 proposed by
the House and $68,471,000 as proposed by the Senate. The
managers have agreed to follow the funding levels proposed by
the House for the activities except additional funds which have
been provided for compact input in the technical assistance
activity. The managers have also included bill language
recommended by the House directing a $300,000 payment to the
Virgin Islands for disaster assistance loans and $700,000 for
the Prior Service Benefits Fund. The managers direct that
funding for the Close-Up Foundation activities should be
maintained at least at the fiscal year 1999 level. The managers
have added compact impact assistance funding of $5,000,000 for
Guam and $1,000,000 for the Commonwealth of the Northern Marian
Islands.
In fiscal year 1999, language was included in the
conference agreement concerning the withholding of American
Samoa construction funds in the amount of $2,000,000. These
funds were to be withheld until issues associated with unpaid
island medical bills were resolved. The managers understand
that the American Samoa government has taken significant steps
to address this problem and, therefore, direct the Department
to release these funds.
COMPACT OF FREE ASSOCIATION
The conference agreement provides $20,745,000 for the
Compact of Free Association as proposed by the House instead of
$20,545,000 as proposed by the Senate.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
The conference agreement provides $64,319,000 for
salaries and expenses for departmental management, instead of
$62,406,000 as proposed by the House and $64,019,000 as
proposed by the Senate. Funds should be distributed as follows:
Departmental direction.................................. $12,241,000
Management and coordination............................. 23,798,000
Hearings and appeals.................................... 8,288,000
Central services........................................ 19,104,000
Bureau of Mines workers compensation/unemployment....... 888,000
--------------------------------------------------------
____________________________________________________
Total............................................... 64,319,000
Language is included in the bill directing that funds be
provided to Alaska Pacific University for development of an
ANILCA training curriculum as described in section 347 of the
Senate bill. Within the total for Departmental direction,
$300,000 is included to implement this provision.
One of the highest priorities of the Department and the
managers has been reducing the backlog of maintenance needs in
the Department. Congress and the Department have worked
together to institute an aggressive Safe Visits to Public Lands
Initiative and thereby improve management and accountability
for the Department's infrastructure, and focus maintenance and
construction funding on the highest priority health and safety
and resource protection needs.
The managers are pleased that the National Park Service
has made progress in developing a comprehensive maintenance
management system that will provide consistent and reliable
maintenance information tools for local staff to carry out day-
to-day maintenance of public assets efficiently as well as to
provide information to managers and Congress. To that end, the
managers have provided the requested funds to continue this
initiative.
In addition, the Secretary is directed to work with the
Bureau of Land Management, the U.S. Geological Survey, and the
Fish and Wildlife Service to evaluate the adoption and
implementation of the core system used by NPS. The Managers
believe that it is critical that the Department coordinate the
development and use of consistent facilities management and
condition assessment systems Department-wide.
Office of the Solicitor
SALARIES AND EXPENSES
The conference agreement provides $40,196,000 for
salaries and expenses of the Office of the Solicitor as
proposed by the House instead of $39,206,000 as proposed by the
Senate. Funds should be distributed as follows:
Legal services.......................................... $33,630,000
General administration.................................. 6,566,000
--------------------------------------------------------
____________________________________________________
Total............................................... 40,196,000
Office of Inspector General
SALARIES AND EXPENSES
The conference agreement provides $27,846,000 for
salaries and expenses of the Office of Inspector General as
proposed by the Senate instead of $26,086,000 as proposed by
the House. Funds should be distributed as follows:
Audit................................................... $15,809,000
Investigations.......................................... 5,566,000
Administration.......................................... 6,471,000
--------------------------------------------------------
____________________________________________________
Total............................................... 27,846,000
Office of Special Trustee for American Indians
FEDERAL TRUST PROGRAMS
The conference agreement provides $82,628,000 for Federal
trust programs as proposed by the Senate instead of $82,428,000
as proposed by the House.
The managers have provided $27,600,000 in emergency
appropriations (in title V) to address trust fund reform issues
that could not be anticipated prior to the submission of the
fiscal year 2001 budget request. These funds will: support work
to address the breaches of trust identified in the recent
District Court decision; allow the government to begin
preparation for the second trial relating to an accounting for
Individual Indian Money Accounts (IIM); and address critical
trust fund reform shortfalls.
The Department of the Interior has announced its
intention to explore the use of sampling as the best, most cost
effective approach to provide an accounting for IIM
beneficiaries. While the Indian Trust Fund Reform Act
contemplated that such an accounting would sometime occur, the
managers have been concerned for years about the potential cost
and effectiveness of any approach that might be used. After
investing $20 million over five years in a tribal account
reconciliation process, there has been no resolution of issues
surrounding tribal accounts. The cost of a similar accounting
for the approximately three hundred thousand IIM account
holders could conceivably cost hundreds of millions of dollars.
Therefore while approving the request to begin an IIM
sampling approach, the managers direct the Department to
develop a detailed plan for the sampling methodology it adopts,
its costs and benefits, and the degree of confidence that can
be placed on the likely results. This plan must be provided to
the House and Senate Committees on Appropriations prior to
commencing a full sampling project. Finally, the determination
of the use of funds for sampling or any other approach for
reconciling a historical IIM accounting must be done within the
limits of funds made available by the Congress for such
purposes.
Ultimately, the managers believe that resolution of the
long standing issues of the performance of the Department of
the Interior's management of Indian trusts is best worked out
through a negotiation and settlement process, and not by
spending millions of dollars for accountants to reconcile
relatively small sums of funds over decades. If the sampling
approach provides a reasonable basis for settlement of these
claims or can provide a basis for a greater level of confidence
on the part of beneficiaries about the past, this investment
will be useful. Given the tremendous needs in Indian country
for public services from education to health care, the managers
will be extremely judicious in allocating funds for an
historical accounting or sampling study.
INDIAN LAND CONSOLIDATION
The conference agreement provides $9,000,000 for Indian
land consolidation programs instead of $5,000,000 as proposed
by the House and $10,000,000 as proposed by the Senate.
Natural Resource Damage Assessment and Restoration
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The conference agreement provides $5,403,000 for the
natural resource damage assessment fund as proposed by the
Senate instead of $5,374,000 as proposed by the House.
General Provisions, Department of the Interior
The conference agreement includes sections 101 through
112 and section 117 which were identical in both the House and
the Senate bills. These sections continue provisions carried in
past years.
Section 113 retains the text of section 113 as proposed
by the House which makes permanent a provision permitting the
retention of rebates from credit card services for deposit to
the Department Working Capital Fund. Section 113 proposed by
the Senate continued the provision carried last year providing
the exemption for one year.
Section 114 modifies the text of section 114 as proposed
by both the House and the Senate to make a technical correction
for funds transfer authority.
Section 115 retains the text of section 115 as proposed
by the House which makes permanent a provision permitting the
retention of proceeds from agreements and leases at Fort Baker,
Golden Gate National Recreation Area. Section 115 proposed by
the Senate continued the provision carried last year providing
the exemption for one year.
Section 116 retains the language included in last year's
Interior Appropriations Act regarding grazing permit extensions
as proposed by the Senate. The House had identical language
with the exception of the use of the word ``may'' in the House
bill versus ``shall'' in the Senate bill.
Section 118 retains the text of section 118 as proposed
by the House which permits the redistribution of Tribal
Priority Allocation and tribal base funds to alleviate funding
inequities. The Senate had no similar provision.
Section 119 retains the text of section 119 as proposed
by the House which requires a written certification of
consistency from the Corps of Engineers prior to establishment
of a Kankakee National Wildlife Refuge in Indiana and Illinois.
This language is identical to that included in last year's
Interior Appropriations Act. The Senate language on this issue
required submission of a plan consistent with an April 16, 1999
partnership agreement between the Service and the Corps prior
to refuge establishment.
Section 120 retains the text of section 120 as proposed
by the House which renames the Great Marsh Trail at the Mason
Neck National Wildlife Refuge in Virginia the ``Joseph V.
Gartlan, Jr. Great Marsh Trail.'' The Senate had no similar
provision.
Section 121 retains the text of section 121 as proposed
by the House and section 124 as proposed by the Senate which
continues a provision carried last year requiring the
allocation of Bureau of Indian Affairs postsecondary schools
funds consistent with unmet needs.
Section 122 modifies the text of section 118 as proposed
by the Senate which prohibits distribution of Tribal Priority
Allocation (TPA) funds to tribes in the State of Alaska with
memberships of less than 25 individuals living in the village
and provides for the redistribution of funds that would have
been provided to such tribes. The modification adds the
requirement that at least 25 members reside in the service area
of any tribe which remains eligible to receive TPA funding
directly.
Section 123 retains the text of section 120 as proposed
by the Senate which continues a provision carried last year
protecting lands at Huron Cemetery in Kansas for religious and
cultural uses and as a burial ground. The House had no similar
provision.
Section 124 retains the text of section 121 as proposed
by the Senate which continues a provision carried last year
prohibiting the use of funds to transfer land into trust status
for the Shoalwater Bay Indian Tribe in Clark County,
Washington, until the tribe and the county reach agreement on
development issues. The House had no similar provision.
Section 125 retains the text of section 122 as proposed
by the Senate, which continues a provision from last year's
Interior Appropriations Act with regard to two provisions in
Secretarial Order 3206 regarding Indian tribes and the
Endangered Species Act. The House had no similar provision.
Section 126 retains the text of section 123 as proposed
by the Senate which continues a provision carried last year
prohibiting studies or implementation of a plan to drain Lake
Powell in Arizona and Utah. The House had no similar provision.
Section 127 retains the text of section 126 as proposed
by the Senate which permits the Secretary of the Interior to
retain and use land and other forms of reimbursement associated
with the previously authorized conveyance of the Twin Cities
Research Center for the benefit of the National Wildlife Refuge
System in Minnesota. The House had no similar provision. This
is a repetition of language included in last year's Interior
Appropriations Act.
Section 128 retains the text of section 127 as proposed
by the Senate which protects historic rights associated with
pre-ANILCA entry permits. The House had no similar provision.
Section 129 retains the text of section 128 as proposed
by the Senate which designates Anchorage, Alaska, as a port of
entry for purposes of the Endangered Species Act. The House had
no similar provision. Funding for operation of this port of
entry is included under the Fish and Wildlife Service resource
management account.
Section 130 retains the text of section 129 as proposed
by the Senate which adjusts the boundaries of Sitka National
Historic Park in Alaska. The House had no similar provision.
Section 131 makes technical changes to language proposed
by the Senate in section 130 regarding the treatment of
proceeds from certain lease sales in the National Petroleum
Reserve-Alaska. The House had no similar provision.
Section 132 retains the text of section 131 as proposed
by the Senate which conveys land in Alaska to Harvey R.
Redmond. The House had no similar provision.
Section 133 modifies the text of section 132 as proposed
by the Senate, which clarifies the terms and conditions of a
land conveyance to Nye County, Nevada, which was authorized in
the FY 2000 Interior and Related Agencies Appropriations Act.
This section allows the County, notwithstanding any provision
of the Recreation and Public Purposes Act, to lease the land to
a non-profit organization, so that the organization could then
construct, own, and operate the Nevada Science and Technology
Center. The County would retain title to the conveyed lands and
the organization would own the facilities, but could only build
facilities for public, non-commercial purposes. In effect, the
lands would still be used for a public function, consistent
with the purposes of the Recreation and Public Purposes Act,
but the County would be contracting this function out to the
non-profit organization.
Section 134 modifies the text of section 133 as proposed
by the Senate which requires a land exchange regarding the
Mississippi River Wildlife and Fish Refuge. The House had no
similar provision. The modification extends the time period by
60 days and specifies that the area in question is a 150 foot
wide strip.
Section 135 retains the text of section 134 as proposed
by the Senate which expresses the sense of the Senate regarding
repayment of Indian judgment claims. The House had no similar
provision.
Section 136 provides authority for the Fish and Wildlife
Service to charge fees including, as appropriate, fees to
foreign countries for forensics services provided by the
National Fish and Wildlife Forensics Laboratory in Oregon.
These fees are to be retained for operational expenses of the
lab.
Section 137 adjusts the boundaries of the Argus
Wilderness Area in California.
Section 138 authorizes a land exchange in Washington
between the Fish and Wildlife Service and the Othello Housing
Authority.
Section 139 continues a provision carried last year
providing contract authority regarding transportation at Zion
National Park in Utah.
Section 140 authorizes the National Park Service to enter
into a cooperative agreement with 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.
Section 141 names the visitor's center and administrative
building at the Chincoteague National Wildlife Refuge in
Virginia the ``Herbert H. Bateman Educational and
Administrative Center''.
Section 142 allows the Bureau of Land Management to
retain revenues derived from the sale of surplus seedlings.
Section 143 makes a technical change to P.L. 105-83 to
allow the completion of construction of the Cibecue Community
School in Arizona.
Section 144 clarifies title conveyances of land transfers
related to abandoned railroad rights-of-way in Valley City, ND.
Section 145 authorizes the establishment of the First
Ladies National Historic Site in Canton, Ohio, to provide
unique opportunities for education and study into the impact of
first ladies on our nation's history.
Section 146 authorizes the establishment of an
interpretive center in Springfield, Illinois, to preserve and
make available to the public materials related to the life of
President Abraham Lincoln.
Section 147 authorizes the Palace of the Governors in New
Mexico.
Section 148 authorizes the Southwestern Pennsylvania
Heritage Preservation Commission, which provides the region
with the ability to tell its nationally significant stories to
a broad audience.
Section 149 renames the Cuyahoga Valley National
Recreation Area in Ohio the Cuyahoga Valley National Park.
Section 150 authorizes the establishment of the National
Underground Railroad Freedom Center in Cincinnati, Ohio, that
will house an interpretive center, museum, educational and
research facilities all dedicated to communicating the
importance of the quest for human freedom which provided the
foundation of the Underground Railroad.
Section 151 provides for priority abandoned mine
reclamation and acid mine remediation activities. Funding of
$12,000,000 is provided to the Commonwealth of Pennsylvania for
its large backlog in the anthracite region. Projects should use
the standard cost-sharing mechanisms of the Surface Mining
Control and Reclamation Act of 1977, as amended. These funds
are derived from the portion of AML fees allocated to the RAMP
program and will not affect other normal State allocations for
abandoned mine reclamation. The provision also provides
$600,000 to continue a priority demonstration project in
Pennsylvania to determine the efficacy of improving water
quality by removing metals from waters polluted by acid mine
drainage.
Section 152 provides for the use of previously
appropriated funds for the Nisqually Indian Tribe to acquire
land for the Nisqually NWR, WA, and to manage those lands for
refuge purposes.
Section 153 establishes a cost-shared tribal school
construction program. This item is discussed in more detail
under the Bureau of Indian Affairs construction account.
Section 154 permits the sale of improvements and
equipment at the White River Oil Shale Mine in Utah, and the
retention and use of those funds by the Bureau of Land
Management and the General Services Administration.
Section 155 names the Blue Ridge Parkway headquarters
building the ``Gary E. Everhardt Headquarters Building''.
Section 156 allows the Bureau of Land Management to
promulgate new hardrock mining regulations that are not
inconsistent with the National Research Council Report entitled
``Hardrock Mining on Federal Lands.'' This provision reinstates
a requirement that was included in Public Law 106-113. In that
Act, Congress authorized changes to the hardrock mining
regulations that are ``not inconsistent with'' the Report. The
statutory requirement was based on a consensus reached among
Committee Members and the Administration. On December 8, 1999,
the Interior Solicitor wrote an opinion concluding that this
requirement applies only to a few lines of the Report, and that
it imposes no significant restrictions on the Bureau's
rulemaking authority. The Committee does not agree with the
solicitor's opinion, and does not intend the language in this
section to constitute any ratification of or agreement with
that opinion.
Section 157 authorizes the Wheeling National Heritage
Area in West Virginia.
The conference agreement does not include language
proposed by the House in section 122 regarding National Park
Service construction in Florida and in section 123 regarding
limitations in Title III general provisions, and by the Senate
in section 125 regarding Caspian Tern nesting at Rice Island.
The managers however, note that they agree with the House and
Senate report language regarding Caspian terns.
TITLE II--RELATED AGENCIES
Department of Agriculture
Forest Service
FOREST AND RANGELAND RESEARCH
The conference agreement provides $229,616,000 for forest
and rangeland research instead of $224,966,000 as proposed by
the House or $221,966,000 as proposed by the Senate. The
managers have agreed to the Senate proposal to direct
$1,400,000 to the Northeast ecosystem research cooperative
program and $250,000 to the University of Washington
silviculture effort at the Olympic Natural Resource Center. The
managers have also agreed with Senate direction concerning
funding levels for the wood utilization laboratory in Sitka,
AK, and for operations of the Forest Research Laboratories
located in Princeton, Parsons, and Morgantown, WV, and funds
for the CROP study on the Colville National Forest, WA. The
managers have provided funding for the U.S. Geological Survey
to study hydrological and biological impacts of lead and zinc
mining on the Mark Twain National Forest, MO, rather than the
Forest Service as was proposed by the Senate. The managers have
not agreed to the Senate proposals to reduce funding for fixed
costs or for a general program reduction. The managers have
included $3,000,000 in funding for small diameter tree and low-
value resource research. The managers would support the Forest
Service looking for other additional funding for this latter
effort. The managers have not agreed to the Senate proposal to
increase funding in this account for the Forest Inventory and
Analysis program; however the managers have agreed to the House
proposal to provide $5,000,000 in new funding for this program
within the State and private forestry program. The managers
expect that given the additional money provided in the State
and private forestry account on a matching basis the research
program will attempt to adjust, to the extent practicable, its
funding allocations to address the needs of States which are
unable to meet this matching requirement. The managers direct
the Forest Service to provide total operational funding of
$750,000 to the Rapid City, SD, lab; the funds and the funding
increase above the fiscal year 2000 level should come out of
the national allocation and should be used to hire a range
scientist to work on invasive plants and other range ecology
and management issues. The conference agreement does not
include a special allocation recommended by the Senate for
small diameter research at the Princeton, WV, lab nor are new
funds provided for the Northern Forest Research Cooperative,
although the managers would support both of these efforts if
additional funding became available. The managers direct the
Forest Service to provide $502,000 in appropriated funds for
the Wind River canopy crane, WA.
STATE AND PRIVATE FORESTRY
The conference agreement provides $250,955,000 for State
and private forestry instead of $197,337,000 as proposed by the
House and $226,266,000 as proposed by the Senate. These funds
include $12,500,000 as contingent emergency funds for priority
pest management on Federal, State and private lands. These
funds were not included in the House or Senate bills, nor in
the Administration request. These funds should assist efforts
to combat a variety of pests, including southern pine beetle,
gypsy moth, bark beetle, Douglas-fir tussock moth, and several
fungal pests.
The agreement provides non-emergency funding of
$41,383,000 for Federal lands forest health management and
$22,561,000 for cooperative lands forest health management. The
managers have agreed to the House proposal on Asian long-horn
beetle work in urban areas and the Senate proposal for the
Vermont forest cooperative. The managers direct the Forest
Service to keep the insect and disease maps up-to-date and
publicly available, such as on the agency web-site, and submit
them to the House and Senate Committees on Appropriations
annually.
The conference agreement includes $25,000,000 for State
fire assistance as recommended by the House. Additional
priority emergency funds for State and volunteer assistance are
included in title IV. The managers have agreed to redirect the
Senate proposal for Kenai Peninsula Borough, AK, assistance to
the emergency wildfire management provisions included in title
IV. The managers have not included the Senate proposal for a
special allocation for Kentucky though the additional funds
provided in title IV may assist these needs. The conference
agreement includes $5,000,000 for volunteer fire assistance as
recommended by both the House and the Senate; this is more than
double the administration request. The managers do not agree to
the Senate report language concerning volunteer fire assistance
allocations and fuel loads.
The conference agreement includes $32,854,000 for forest
stewardship instead of $31,454,000 as proposed by the House and
$30,454,000 as proposed by the Senate. This funding includes
the House proposed funding for the New York City watershed and
the Senate proposed funding for Utah technical education and
State of Washington stewardship activities. The managers have
also added an additional $750,000 for an update of the
cooperative study on the New York-New Jersey highlands area.
The conference agreement includes $30,000,000 for the
forest legacy program as proposed by the Senate instead of
$10,000,000 proposed by the House. The managers agree to the
Senate proposal of directing $1,400,000 to the Ossippee
Mountain conservation, easement NH, and also to direct no less
than $2,000,000 to the Great Mountain, CT, easement, and no
less than $2,000,000 for the West Branch, ME, project. The
managers also acknowledge the importance of forest protection
in South Carolina and encourage the Forest Service to work with
the appropriate State agencies to ensure continuation of these
much needed protections.
The conference agreement includes $31,721,000 for the
urban and community forestry program instead of $31,521,000
proposed by the House and $31,021,000 proposed by the Senate.
The managers agree to the House proposal for the NE
Pennsylvania forestry program and the Senate proposal for the
Chicago, IL, wilderness program. In addition, the managers
agree to provide $500,000 for cooperative activities in Forest
Park in St. Louis, MO, and to a general reduction below the
House proposed level of $1,000,000. The managers do not agree
to the Senate direction concerning the funding allocation
process or State funding limits for the urban and community
forestry program. The managers have modified bill language
proposed by the House concerning the urban resources
partnership. The conference agreement maintains a one-year
moratorium on funding this program, but the managers encourage
funding of inner-city activities through the normal urban and
forestry competitive grants program. The managers await
communication from the Inspector General's office regarding any
progress in this area and hope that the Forest Service can
rectify the many concerns published by the Inspector General.
The conference agreement includes the following
distribution of funds for the economic action programs:
Economic Action Programs Conference
Project:
Economic recovery base program...................... $3,642,000
Rural development base program...................... 2,192,000
NE & Midwest allocation............................. 2,500,000
Forest Prod. Cons. & Recycling...................... 1,080,000
Wood in transportation.............................. 922,000
Special Projects:
4 Corners forestry.................................. 1,000,000
Graham County, NC econ. Plan........................ 10,000
Hawaii training..................................... 200,000
NY City watershed rural development................. 300,000
NY City watershed enhancement....................... 500,000
Brevard College, NC Cradle of Forestry.............. 300,000
Mosier beach, Col. Riv Gorge NSA.................... 500,000
Lake Tahoe erosion grants (CA, NV).................. 2,000,000
Univ. of WA landscape ecology....................... 300,000
Travelers' Rest-Lewis & Clark Trail, MT............. 500,000
Grand Canyon Forests Foundation, AZ................. 0
Wind River-Skamania County, WA...................... 200,000
Ketchikan Wood Tech Center et al, AK................ 750,000
Envi Sci-Public Policy Research Inst, ID............ 0
Michigan St. Univ. Victor Center.................... 150,000
Kiln facilities, AK................................. 2,000,000
Sealaska Corp ethanol biomass, AK................... 2,000,000
Wood educ. & resource center (WV)................... 2,500,000
Little Applegate river, OR.......................... 500,000
State of KY reforestation on mine lands............. 1,000,000
NC recreational lake economic study................. 40,000
United Fisherman of AK ed prog...................... 250,000
Kake land exchange, AK.............................. 5,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 30,336,000
The conference agreement provides $250,000 in a direct
lump sum payment for the United Fisherman of Alaska to
implement an educational program to deal with subsistence
management and other fisheries issues; these funds may not be
used for any lobbying activities affecting Federal or State
regulations or legislation. While the managers have fully
funded the base operating budget for the Wood Education and
Resource Center, the managers encourage the Center's efforts to
generate income and hope that such income can be used to offset
operating expenses in the near future. The managers have also
included $5,000,000 to assist a land transfer for Kake, AK;
these funds are contingent upon an authorization bill being
enacted. The conference agreement also includes $2,000,000 to
cost-share kiln-drying facilities in southeast and south-
central Alaska. The managers expect that the funds provided for
reforestation on abandoned mine lands in Kentucky are to be
matched with funds provided in this bill to the Department of
Energy for carbon sequestration research, as well as other non-
federal funds.
The conference agreement includes $9,600,000 for Pacific
Northwest Assistance instead of $6,822,000 proposed by the
House and $9,880,000 proposed by the Senate. This funding
includes Senate-proposed allocations of $900,000 for the
University of Washington and Washington State University
extension forestry effort and $1,878,000 for Columbia River
Gorge economic development in the States of Washington and
Oregon. The agreement does not include funding proposed by the
Senate concerning payments for counties in the Columbia River
Gorge because the managers understand that there are
significant unobligated balances available for this purpose
which are more than enough to meet the needs for this fiscal
year. The managers expect to be informed if additional funds
are necessary.
The conference agreement includes $5,000,000 for forest
resource information and analysis as proposed by the House; the
Senate had no similar provision. This funding should aid the
forest inventory and analysis program as directed by the House
by enhancing cooperation with the States. The conference
agreement also includes $5,000,000 for the International
program as proposed by the Senate instead of $4,500,000
proposed by the House.
national forest system
The conference agreement provides $1,280,693,000 for the
National forest system instead of $1,207,545,000 as proposed by
the House and $1,232,814,000 as proposed by the Senate. Funds
should be distributed as follows:
Land Management Planning................................ $68,907,000
Inventory and Monitoring................................ 163,852,000
Vegetation & watershed management....................... 182,034,000
Wildlife & Fish habitat Management...................... 129,028,000
Recreation, Heritage & wilderness....................... 230,270,000
Forest Products......................................... 255,844,000
Grazing Management...................................... 33,856,000
Landownership Management................................ 86,609,000
Minerals and Geology Management......................... 47,945,000
Law Enforcement Operations.............................. 74,358,000
Quincy Library Group, CA................................ 2,000,000
Valles Caldera, NM operations........................... 990,000
Tongass timber pipeline, AK............................. 5,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 1,280,693,000
The managers have modified language contained in the
Senate report regarding limiting the size of the land
management planning and inventory and monitoring expenditures
in the Washington Office as well as language specific to the
Natural Resource Information System. The managers concur that
funds used for National Commitments and other headquarters
expenditures are excessive. The managers expect priority for
funding allocations in these budget line items to emphasize
field efforts to revise, maintain, and amend forest plans and
for conducting appropriate inventory and monitoring activities
at the field level in order to assure multiple use management
on national forest lands. Technology investments that support
these activities should be pursued over a timeframe that
minimizes impacts on accomplishing field level work. The
managers note the potential benefits of the Natural Resource
Information system and encourage its continued development and
implementation. The managers expect a thorough agency review to
assure this system is consistent with strategic objectives.
This review should assess the effectiveness of implementation
that results in efficient management of information through the
use of standardized methods of collecting and using data to
evaluate natural resource conditions on National Forest System
lands.
The conference agreement includes the following
congressional priorities in the vegetation and watershed
management activity: $300,000 for the CROP project on the
Colville NF, WA; $1,000,000 for acid mine clean-up on the Wayne
NF, OH; $360,000 for the Rubio Canyon waterline analysis on the
Angeles NF, CA; $1,500,000 increase for aquatic restoration in
Washington and Oregon; $1,250,000 increase for Lake Tahoe
watershed protection; and $300,000 for invasive weed programs
on the Okanogan NF and other eastern Washington national
forests with no more than five percent of these funds to be
assessed as indirect costs. The wildlife and fisheries habitat
funding includes $200,000 proposed by the Senate for the Batten
Kill River, VT, project; the Alaska State payment proposed by
the Senate is not funded and the funding for the Little
Applegate project, OR is included in the State and private
forestry account. The recreation, heritage and wilderness
activity includes: $700,000 for operations of the Continental
Divide trail; $100,000 for the Monongahela Institute effort at
Seneca Rocks, WV; $120,000 for the Monongahela NF, Cheat
Mountain assessment, WV; $100,000 for cooperative recreational
site planning on the Wayne NF, OH; $100,000 for cooperative
efforts regarding radios for use at Tuckerman's Ravine on the
White Mountain NF, NH; and $68,000 for the Talimena scenic
byway which the Senate had included in the vegetation
management activity. The managers direct the Forest Service to
conduct a feasibility study on constructing a recreational lake
on the Bienville NF in Smith County, MS. The managers agree to
the House report direction concerning national scenic and
historic trails and Region 5 grazing monitoring. The managers
do not agree to the Senate report direction concerning
allocation of funds for the Washington office and national
commitments in the inventory and monitoring activity or the
land management planning activity. The forest products activity
includes $700,000 proposed by the Senate for the State of
Alaska to monitor log transfer facilities as well as the
$790,000 proposed by the Senate for forestry treatments on the
Apache-Sitgreaves NF, AZ. The House proposal for $250,000 for a
Pacific Crest trail lands team is funded. The managers have
added $500,000 to the law enforcement activity for the special
needs caused by methamphetamine dumps and $500,000 for special
needs on the Pisgah and Nantahala NFs. The conference agreement
also includes additional funds for Senate proposals of
$2,000,000 for the Quincy Library Group project, CA, $5,000,000
for Tongass NF, AK, timber pipeline, and $990,000 for Valles
Caldera, NM, management.
The managers have provided $255,844,000, an increase of
$10,700,000 above the House and $10,000,000 above the Senate
for the forest products activity. The total funds provided for
the timber sales program in combination with the increase
provided for engineering support within the capital improvement
and maintenance appropriation should be more than sufficient to
attain the 3.6 billion board foot offer level using the
agency's own unit cost estimates. Accordingly, the managers
urge the agency to offer no less than 3.6 billion board feet
for sale in fiscal year 2001. The conference agreement does not
include bill language proposed by the Senate concerning
mandatory reprogramming of funds to attain the Congressionally
directed sale offer level.
The managers have included an additional $500,000 in the
minerals and geology management activity to support necessary
administrative duties related to the Kensington Mine in
southeast Alaska, including completion of a supplemental
environmental impact statement.
The managers are generally pleased with the Land Between
the Lakes National Recreation Area management transition from
the Tennessee Valley Authority to the Forest Service. The
managers direct the administration to use the environmental
education trust fund established in the authorization of this
area strictly for the authorized purposes and not for general
operations of the NRA.
wildland fire management
The conference agreement provides $1,265,129,000 for
wildland fire management instead of $618,343,000 as proposed by
the House and $767,629,000 as proposed by the Senate. The
managers note that this funding total includes $426,000,000 in
contingent emergency appropriations which will repay previously
advanced sums as well as establish an available contingency
fund for future emergencies. This emergency contingency funding
includes the $150,000,000 in the Senate passed bill as well as
$276,000,000 recommended in the Administration's wildfire
report. The managers have also addressed other priority
wildfire needs in title IV where an additional $619,274,000 for
the Forest Service is provided for a variety of emergency
needs. The managers have not included additional funds above
the request for acquisition of a high band radio system at the
Monogahela NF, WV, as proposed by the Senate because funds for
this project were included in the request.
The following discussion includes instructions pertaining
both to the title II funds as well the title IV funds provided
for the Forest Service.
The managers recognize that the severity of the 2000 fire
season is attributable to a combination of unusual weather
conditions and accumulated wildland fuels that overwhelmed
available Federal agency resources. To prepare better for fires
in 2001 and beyond, the managers propose significant
improvements to preparedness, fuels treatments, and other
aspects of fire management. The managers expect the agencies to
work closely with States and local communities to maximize
benefits to the environment and to local communities.
The conference agreement has responded to special needs
and the Administration's recent wildfire report with additional
funding here and in title IV for additional emergency funds.
The conference agreement includes funding for all of the
Administration's supplemental request as well as strategic
enhancements for certain priority activities. Overall, for the
Forest Service, the managers provide $1,884,403,000 to fund:
repayment of previously advanced funds, additional wildfire
suppression activities; the agency's revised calculation for
normal year readiness; certain one-time improvements to
preparedness capability; an expanded fuels treatment program
that places primary emphasis on community protection;
stabilization, rehabilitation, and restoration of burned areas;
assistance to State and local governments for enhanced
protection of communities; control and eradication of invasive
species; development of new technologies and businesses to
economically harvest small diameter forest products; and
community assistance programs that may be used to develop local
capability and homeowner education. The managers have funded
$1,045,274,000 as ``emergency'', including $426,000,000 in
title II to ensure that adequate funds are immediately
available if needed to fund suppression activities in fiscal
year 2001, and to repay funds borrowed from agency trust funds
during the fiscal year 2000 season. The remaining $619,274,000
in emergency funding is included in title IV for a variety of
items needed to protect lands and communities.
The managers strongly believe this FY 2001 funding will
only be of value in increasing the Nation's firefighting
capability and ability to protect communities if it is
sustained in future years. Accordingly, the House and Senate
Committees on Appropriations expect that the fiscal year 2002
budget request will continue initiatives begun under this
appropriation that ensure a significant commitment to these
programs. The managers also direct the Departments of the
Interior and Agriculture to continue to work together to
formulate complementary budget requests that reflect the same
principles and budget organization. In addition, the managers
expect the agencies to seek the advice of governors, and local
and tribal government representatives in setting priorities for
fuels treatments, burned area rehabilitation, and public
outreach and education.
Fire preparedness
For fire preparedness, the managers provide $612,490,000,
$208,147,000 above the initial request and $204,147,000 above
the House passed level. This funding includes $574,890,000 to
enhance wildfire readiness by attaining a most efficient level
of 100 percent, $4,000,000 for joint fire sciences, $12,000,000
for the development of new systems and technology, and
$17,000,000 to restructure the agency workforce to respond
better to future fire preparedness, operations, and suppression
needs. In addition, $600,000 is provided for cooperative
research and technology development between Federal fire
research and fire management agencies and the University of
Montana National Center for Landscape Fire Analysis. These
activities should be funded through normal Joint Fire Science
Program peer review procedures and focus on developing remote
sensing and other landscape scale applications for fire
management in areas of fuel mapping, fire and smoke monitoring,
and fire modeling and prediction in order to support and
enhance existing efforts in these areas by the Forest Service,
Department of the Interior, National Aeronautics and Space
Administration, universities, and other agency researchers and
collaborators.
The managers understand that the increased scope and
intensity of the 1999 and 2000 fire seasons, as well as the
increased frequency and severity of fires over the preceding
decade, have led Federal fire managers to reassess the
assumptions underlying an average fire season. Variables,
addressed in the Administration's Report on Managing Impacts of
Wildfires on Communities and the Environment, including
changing assumptions about fire personnel, deployment
strategies, duration of the average fire season, needs for new
technologies for rapid response, coordinated response needs
with State and local agencies, and other factors, will require
a major adjustment in funding strategies for the preparedness
program. The managers expect future budget requests for this
line item will reflect this new level of agency preparedness.
The managers concur that initial attack capability should
be increased to address the number and severity of fires that
have burned the landscape over the past few years and have
included full funding for approximately: 2,800 additional
firefighters, 412 engines, and other resources necessary to
achieve a 100 percent most efficient level.
Within the funds provided is $17,000,000 to facilitate
restructuring of the agency's firefighting workforce. The
managers concur with recommendations for conversion of
temporary seasonal employees to permanent seasonal status in
order to encourage workforce retention. The managers expect the
Departments to devote resources necessary to increase staffing
for engines from the current level of five days a week to seven
days a week to combat increasingly volatile fire seasons.
Additionally the managers support agency plans to increase
potentially permanent staffing by approximately 500 to respond
to projected retirements and other changes in the workforce.
The managers support an acceleration of research
activities and expanded emphasis for the Joint Fire Science
Program and have provided an additional $4,000,000,
respectively, to the Departments of the Interior and
Agriculture to support the recommendations regarding scientific
support for fuels treatments and other programs contained in
the report to the President. These funds are in addition to the
$4,000,000 provided for each agency as part of the
Administration's original budget request. The funds provided
are to be used for such efforts as increased rapid response
projects to assure necessary resources are available for
testing and evaluation of post-fire rehabilitation, assessment
of post-fire and fire behavior effects, use of aircraft-based
remote sensing operations, implementation of protocols for
evaluating post-fire stabilization and rehabilitation, and the
development of effective means for collecting and disseminating
information about treatment techniques. The managers expect the
increased funds to be made available to the Joint Fire Science
activities of the Departments for the direct benefit of fire
management programs, including burned area rehabilitation.
The managers expect the Joint Fire Sciences Governing
Board to make a significant portion of the increased funds
directly available to the fire management programs of the
Agriculture and Interior Departments to fund projects that
directly address locally and regionally important science and
technology needs associated with fire management and
suppression, fuels management, and post-fire rehabilitation.
The managers further expect the Departments to assure that
these programs are implemented within existing structures with
a minimum of new program management or other overhead
activities that might reduce the direct benefit of funds
provided. The January 1998 Joint Fire Science Plan developed by
the two Departments and submitted to the Congress included
provisions for a Stakeholder Advisory Group of technical
experts from land management organizations, private industry,
academia, other Federal agencies, and the public to formulate
recommendations for program priorities and advise the Joint
Fire Science Program Governing Board. This Group is to be
established under the provisions of the Federal Advisory
Committee Act. The managers are concerned that nearly three
years have passed without establishment of this group. The
managers direct the Secretaries to establish the group by
December 31, 2000.
In addition to funds provided for the Joint Fire Sciences
Program, $12,000,000 is provided for development of systems to
support financial and logistic support to fire operations and
technologies to support such activities as fire management
planning, additional research for measurement, technology
transfer, and remote sensing, and funds for improving and
validating models for fire weather, fire hazard, behavior,
emissions and smoke dispersion.
Fire operations
The conference agreement provides $226,639,000 for fire
operations in the normal title II non-emergency program, which
is $16,639,000 above the House passed level and $10,610,000
above the original Administration request. This funding
includes $141,029,000 for wildfire suppression activities and
$85,610,000 for the non-emergency hazardous fuels program. The
conference agreement provides for the following Congressional
priorities within the hazardous fuels program: $263,000 for
Apache-Sitgreaves NF, AZ, urban interface; $1,000,000 for the
Quincy Library Group project, CA; $6,947,000 for windstorm
damage in Minnesota; $1,500,000 for the Lake Tahoe basin; and
$2,400,000 for work on the Giant Sequoia National Monument and
Sequoia National Forests. The managers have also provided
$426,000,000 in title II as an emergency contingent
appropriation for future emergency fire suppression needs and
for repayment of funds borrowed from agency trust funds in
fiscal year 2000.
The conference agreement also provides $619,274,000 in
emergency funds for wildfire operations in title IV for a
variety of needs including: $179,000,000 in additional funds to
cover annual suppression costs based on the ten-year average;
$120,000,000 in additional funds for hazardous fuels reduction;
$142,000,000 for rehabilitation and restoration of burned
areas; $16,000,000 to support wildfire related research and
development; $44,000,000 for immediate reconstruction of
severely deficient wildfire facilities; $50,494,000 for State
fire assistance to support State and local fire readiness and
fuel treatment activities; $8,280,000 in additional funds for
priority volunteer fire assistance; $12,000,000 in additional
funds for forest health treatments to help control and
eradicate invasive species; $12,500,000 in additional funds for
priority projects and incentives for economic use of small
diameter forest products; and $35,000,000 for community and
private land fire assistance.
The funding included in title IV, fire operations for
hazardous fuels management activities is $25,000,000 above the
level included in the Administration's wildfire report; the
total includes $11,500,000 for analysis, monitoring and
planning activities. The managers direct that the increased
funding provided be dedicated to projects within the wildland-
urban interface on Federal lands or adjacent non-Federal lands.
These funds are to support activities necessary to reduce the
risks and consequences of wildfire, both in and around
communities and in wildland areas. Treatment methods include
application of prescribed fire, mechanical removal, mulching,
and application of chemicals. In many areas a combination of
these methods will be necessary over a period of several years
to reduce risks and to maintain healthy and viable forests and
rangelands. The increased funding included in this
appropriation will expand the existing fuels management program
to reduce risks to communities and natural resources in high-
risk areas. The managers understand that fuels treatment
accomplishments have been constrained by lack of funding to
conduct planning, assessments, clearances, consultation, and
environmental analyses necessary for the land management and
regulatory agencies to ensure that fuels treatments are
accomplished quickly and in an environmentally sound manner. In
conducting treatments, local contract personnel are to be used
wherever possible. The managers expect the agency to show
planned and actual funding and accomplishments for fuels
management activities in future budget requests to Congress.
The managers understand that actual amounts may differ from
planned levels. The managers expect the agencies to work
closely with States and local communities in implementing this
program in an effective and efficient manner.
The managers intend that $15 million of the additional
funding provided for fuels reduction in title IV be used to
carry out and implement the Quincy Library Group plan. This
will be in addition to other funding appropriated in title II.
The managers have included $142,000,000 within wildfire
operations for rehabilitation and restoration; this is
$97,000,000 above the total in the Administration's wildfire
report. These funds are needed for priority burned area
rehabilitation and restoration to address short term and longer
term detrimental consequences of wildfires. The managers are
disturbed that the Administration failed to propose sufficient
funding for this activity in view of the catastrophic damage
which occurred in burned areas. Accordingly, a total of
$142,000,000 for restoration activities is provided. The
managers note that wildland fires burning at the right times
and places, and under the right burning conditions, are
beneficial or even essential to the health of forests and
rangelands. However, some severe wildfires can trigger a wide
array of detrimental impacts, ranging from short-term floods,
debris flow, and loss of water quality to longer-term invasion
by non-native species and loss of productivity of the land. The
increased funding for burned area rehabilitation and
restoration is designed to prevent further degradation of
resources following wildland fire through (1) short-term
stabilization and rehabilitation activities to protect life and
property, protect municipal watersheds, and prevent
unacceptable degradation of critical natural and cultural
resources, and (2) longer-term restoration activities to repair
and improve lands unlikely to recover naturally from severe
fire damage. The managers direct the agencies to develop a
long-term program to manage and supply native plant materials
for use in various Federal land management restoration and
rehabilitation needs. The managers recommend that the
interagency native plant conservation initiative lead this
effort.
Long-term monitoring of treatment effectiveness and
dissemination of results are essential components of successful
restoration in order to develop better treatment plans for
future fires. Longer-term projects may include replacement and
repair of facilities or reforestation activities if such
facilities or reforestation is part of a previously approved
land management plan. The managers expect that funding for
these activities will be available from this appropriation only
concurrent with this emergency situation and in the future will
be requested within the agency's existing budget structure. In
conducting rehabilitation and restoration activities, local
contract personnel should be used wherever possible. The
managers expect the agency to show planned and actual funding
and accomplishments for stabilization and rehabilitation
activities in future budget requests to Congress. The managers
understand that actual amounts may differ from planned levels,
and agree that the agencies have the ability to fund additional
projects and amounts based on actual needs. The managers direct
the Departments of the Interior and Agriculture to report to
the House and Senate Appropriations Committees, by December 1,
2000, on criteria for restoration projects to be funded from
this appropriation.
The managers have provided funds for emergency
reconstruction and maintenance of the agency's rapidly
deteriorating fire facilities. The managers note that the
Administration failed to request adequate funding to support
these critical infrastructure needs. Accordingly, the managers
have included on a one-time basis, $44,000,000 for this
purpose. Included in the amount is $12,000,000 for
reconstruction and repair of air tanker bases and $32,000,000
for reconstruction and repair of additional fire related
facilities. The managers direct that the fiscal year 2002
budget justification contain an exhibit which shows project
specific information on the accomplishments with these funds.
The managers have provided funding for these activities from
this appropriation only concurrent with this emergency
situation. In the future the managers expect the agency to
request such funds within the agency's existing budget
structure.
Within the title IV funding for fire operations, the
managers have included $16,000,000 to support basic and applied
wildfire related research and development. Funding is provided
for such activities as developing new strategies to reduce
fuels in wildland urban interface areas, improve capability to
monitor, predict, prevent and decrease invasive species in
burned areas, study impacts of alternative fire regimes and
management activities, and study the interactions between fire,
land management treatments and other disturbances. The managers
have provided funding for these activities from this
appropriation only concurrent with this emergency situation. In
the future the managers expect the agency to request such funds
within the agency's existing budget structure.
The managers have provided $118,274,000 within title IV
for emergency activities consistent with the authorizations the
agency has to support State and private forestry programs. The
managers have provided funding for these activities from this
appropriation only concurrent with this emergency situation and
in the future expect the agency to request such funds within
the agency's existing budget structure.
The managers concur that effective management of fire
related issues in the wildland urban interface requires strong
commitment and resources from State, tribal, and local
governments. Fire readiness capability must be on an equal par
between State, local and Federal organizations, including
availability of resources, adequacy of planning, and commitment
to training. Of the amount provided for State and private
related activities, $50,494,000 is designated for State fire
assistance, including support for the FIREWISE program and the
use of cost share incentives. The managers expect cost sharing
incentives to use one-to-one cost sharing, not three-to-one
Federal to State as recommended by the Administration. Of the
State fire assistance funding, $7,500,000 is a direct lump sum
payment to the Kenai Peninsula Borough to complete the
activities outlined in the spruce bark beetle task force action
plan. Ten percent of these funds shall be made available to the
Cook Inlet Tribal Council for reforestation on Native
inholdings and Federal lands identified by the task force. In
order to improve the ability of rural volunteer fire fighting
departments to respond to wildfire, the managers have provided
$8,280,000 within funds designated for State and private type
activities to improve the capability and readiness of these
critical front line firefighting resources. The managers note
that this funding, coupled with the $5,000,000 provided for
volunteer fire assistance in title II, equals the
Administration's request for these activities.
The managers have included $59,500,000 in title IV within
funds provided for other State and private type activities;
this includes $12,000,000 for the management and control of
invasive species in cooperation with State and tribal
governments; $12,500,000 to provide technical and financial
assistance through the development and expansion of markets for
traditionally underutilized wood products to enhance
utilization of materials removed during hazardous fuels
management activities; and $35,000,000 for community and
private land fire assistance.
The community and private land fire assistance funds are
provided because the managers recognize the serious impacts of
wildfires on State and private lands. These funds are
additional funds beyond the Administration's request for
programs which assist State and private groups in addressing
damage caused by fire. This additional $35,000,000 for
community and private land fire assistance should be allocated
primarily to Western States such as Montana and Idaho which
have had the most severe fire damage. The managers are
particularly concerned that many miles of fencing in Montana
were burned and the Departments of Agriculture and of the
Interior have generally only reimbursed persons who have
constructed these fences the depreciated value, even though
authority exists to provide replacement value. The managers
direct that up to $9,000,000 be made available to reimburse
affected parties at replacement value. The managers expect that
the allocation of some of these funds for longer term
restoration of facilities such as roads and trails should take
into account the severe impacts of fire in particular States
such as Idaho and Montana which sustained serious damage to
miles of roads and trails and other similar facilities.
Furthermore, the managers are especially concerned about
the potential impacts of invasive species and insects on
Federal, State, and private lands that have been severely
burned. The managers understand that in some States suffering
the most severe fire damage, such as Montana, that the spread
of pine beetle infestations has increased as much as threefold.
With the funds provided for cooperative forestry health
management the managers encourage the agency to work through
the use of cooperative agreements with State and private groups
which can enhance accomplishments on the ground in the efforts
to combat the spread of invasive species and insect and disease
problems. In Western States severely impacted by fire such as
Idaho and Montana, the managers are particularly concerned that
highly rural, dispersed populations may lack adequately
equipped volunteer fire departments and State firefighting
resources which may have contributed to the severity of fires
and resulting damage. Accordingly, the managers direct the
agency to consider these factors in making allocations to the
States for State fire assistance and for volunteer fire
assistance.
CAPITAL IMPROVEMENT AND MAINTENANCE
The conference agreement provides $468,568,000 for
capital improvement and maintenance instead of $434,466,000 as
proposed by the House and $448,312,000 as proposed by the
Senate. The conference agreement provides for the following
distribution of funds:
Project Conference
Facilities:
Maintenance......................................... $73,306,000
Capital Improvement requested program............... 74,535,000
Allegheny NF Marienville RS (PA).................... 1,000,000
Allegheny NF visitor services (PA).................. 500,000
Angeles NF water & sewer rehab (CA)................. 900,000
Big Bear Lake center, phase II (CA)................. 1,300,000
Cedar Lake rec area (OK)............................ 740,000
Coweeta research rehab (NC)......................... 110,000
Cradle of Forestry projects (NC).................... 380,000
Franklin County Lake project (MS)................... 2,000,000
Gladie Creek center (KY)............................ 1,250,000
Grey Towers NHS site rehab (PA)..................... 500,000
Hardwood research center plan (IN).................. 300,000
Hubbard Brook (NH).................................. 600,000
Indian Boundary cmp rehab, (TN)..................... 350,000
Inst. of Pacific Island Forestry (HI)............... 2,000,000
Lake Sherwood rec area (WV)......................... 150,000
Mount Tabor Work Center (VT)........................ 175,000
Mt Baker Snoqualmie NF cmpgrnd...................... 2,000,000
Nantahala NF Fontana Lake (NC)...................... 600,000
Ocoee River sites and cons. Center (TN)............. 800,000
Ouachita NF Albert rec area (AR).................... 600,000
Ouachita NF Camp Clearfolk (AR)..................... 400,000
Uwharrie NF Badin Lake (NC)......................... 400,000
Uwharrie NF Kings Mtn Pt (NC)....................... 900,000
Waldo Lake rehab (OR)............................... 500,000
--------------------------------------------------------
____________________________________________________
Total facilities.................................. 166,296,000
========================================================
____________________________________________________
Roads:
Maintenance......................................... 130,000,000
Lake Tahoe Basin (CA-NV)............................ 1,500,000
Beartooth Highway snow removal...................... 0
Capital improvement requested prog.................. 103,447,000
Highland Scenic Hiway (WV).......................... 600,000
--------------------------------------------------------
____________________________________________________
Total roads....................................... 235,547,000
========================================================
____________________________________________________
Trails:
Maintenance......................................... 31,000,000
Capital improvement requested prog.................. 34,025,000
FL National scenic trail............................ 500,000
Virginia Creeper Trail.............................. 200,000
Continental Divide Trail line....................... 1,000,000
--------------------------------------------------------
____________________________________________________
Total trails...................................... 66,725,000
========================================================
____________________________________________________
Total Cap Improvement and Maintenance............. 468,568,000
The conference agreement does not include funding
proposed by the Senate for snow removal and repairs on the
Beartooth Highway near Yellowstone National Park; existing
funding is not rescinded as was proposed by the Senate. The
managers expect the Forest Service to follow Senate directions
concerning the roads program. The managers emphasize the need
for a cost-share for the Grey Towers, PA, funding; the Forest
Service is encouraged to work with Tulare County, CA, on plans
for recreational facilities. The conference agreement includes
$2,000,000 for the Forest Service to develop a campground in
the Middle Fork Snoqualmie Valley in the Mt. Baker-Snoqualmie
National Forest, WA. The managers expect that the preliminary
planning, environmental and ecological analysis necessary to
design and locate the campground will occur in conjunction with
the reconstruction of King County's Lake Dorothy Highway and
Forest Service Road 56. The managers understand that the new
road will terminate at mile post 12 at the Taylor River Bridge
and an existing trailhead parking lot. The managers expect that
the campground will be located adjacent to these existing
facilities.
LAND ACQUISITION
The conference agreement provides $102,205,000 for land
acquisition instead of $52,000,000 as proposed by the House and
$76,320,000 as proposed by the Senate. Funds should be
distributed as follows:
Area (State) Amount
Angeles NF (CA)......................................... $2,000,000
Arapaho NF (Beaver Brook Watershed) (CO)................ 2,000,000
Black Hills NF (Spearfish Canyon) (SD).................. 1,000,000
Bonneville Shoreline Trail (UT)......................... 2,500,000
Chattooga WSR (GA/NC/SC)................................ 2,000,000
Chugach NF (Seward multi-agency ctr.) (AK).............. 1,630,000
Coconino NF (Bar T Bar Ranch ) (AZ)..................... 3,200,000
Coconino NF (Sedona Red Rock) (AZ)...................... 3,000,000
Daniel Boone NF (KY).................................... 2,000,000
DeSoto NF (U. of Mississippi) (MS)...................... 10,800,000
Dry Lake (AZ)........................................... 750,000
Florida National Scenic Trail (FL)...................... 5,000,000
Francis Marion NF (Tibwin Forests & Waterways) (SC)..... 2,000,000
Green Mountain NF (VT).................................. 2,000,000
Hoosier NF (Unique Areas) (IN).......................... 1,000,000
I-90/Plum Creek escrow lands (WA)....................... 8,600,000
Lake Tahoe Ecosystem (CA/NV)............................ 4,000,000
Lewis and Clark Historic Trail (ID/MT).................. 2,000,000
Los Padres NF (Big Sur Ecosystem) (CA).................. 3,000,000
Mark Twain NF (Ozark Mt. Streams & Rivers) (MO)......... 1,500,000
Monongahela NF (WV)..................................... 925,000
Mountains to Sound (WA)................................. 5,000,000
Pacific Crest Trail (CA/OR/WA).......................... 3,000,000
Pacific Northwest Streams (OR/WA)....................... 1,500,000
Pisgah NF (Lake James) (NC)............................. 4,000,000
Rye Creek (MT).......................................... 2,800,000
San Bernardino NF (CA).................................. 2,500,000
Sawtooth NF (Sawtooth NRA) (ID)......................... 2,000,000
Wayne NF (Sunday Creek) (OH)............................ 4,000,000
White Mountain NF (NH).................................. 2,000,000
Wisconsin Wild Waterways (WI)........................... 2,500,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 90,205,000
Forest Inholdings....................................... 1,500,000
Wilderness Protection................................... 500,000
Cash Equalization....................................... 1,500,000
Acquisition Management.................................. 8,500,000
--------------------------------------------------------
____________________________________________________
Total............................................. 102,205,000
The managers have provided $2,000,000 to purchase non-
development scenic easements in Pingree Forest, ME, in
cooperation with the National Fish and Wildlife Foundation
under the resource management account in the U.S. Fish and
Wildlife Service.
The managers are concerned with the urban lot purchase
program at the Lake Tahoe Basin Management Unit. The role of
the Forest Service in acquiring, administering and maintaining
the urban lots appears inappropriate and often ineffective.
Considering the mission of the Forest Service and limited
operating funds, opportunities should be explored to transfer
the urban lots currently administered by the Forest Service to
State and local governments for their management and
protection.
None of the funding provided for Federal land acquisition
shall be used to acquire additional lots. Acquisition of larger
resource lands adjacent to National Forest System land to
protect watershed values and provide recreation opportunities
should be the focus of the Forest Service land acquisition
program at Lake Tahoe.
The managers direct the Forest Service to provide a
report to the House and Senate Committees on Appropriations by
April 30, 2001. The report should provide a detailed view of
past Federal and State acquisitions at the Lake Tahoe Basin
Management Unit, the costs and challenges of managing these
fragmented properties, and legislative options for the Federal
government to turn over this program to State and local
authorities.
The managers note that the conference agreement has
provided substantial resources in other activities to help
protect Lake Tahoe. This funding includes $2,000,000 for
cooperative erosion grants in State and private forestry,
$1,250,000 for the NFS vegetation and watershed activity to
enhance restoration of sensitive watersheds, $1,500,000 in
capital improvement and maintenance to help fix the ailing road
system, and $1,500,000 in wildfire management funding to
enhance forest health by reducing hazardous fuel.
The Forest Service should acquire land in Spearfish
Canyon, SD, but it should have flexibility and responsibility
to make selections that would provide the highest and best
beneficial public use for the expenditure.
The managers have not provided specific funding in land
acquisition for the Craig, AK, and Kake, AK, projects as was
proposed by the Senate. Funding for the Kake, AK, land transfer
is included in State and private forestry, contingent upon
authorization, and funding for Craig, AK, is provided in the
southeast Alaska economic disaster fund. Bill language and
funding for the Umpqua land exchange project is included in
title III.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The conference agreement provides $1,069,000 for the
acquisition of lands for national forests special acts, an
increase of $1,000 above the House and the Senate proposals.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The conference agreement provides an indefinite
appropriation estimated to be $234,000 for the acquisition of
lands to complete land exchanges as proposed by both the House
and the Senate.
RANGE BETTERMENT FUND
The conference agreement provides an indefinite
appropriation estimated to be $3,300,000 for the range
betterment fund as proposed by both the House and the Senate.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The conference agreement provides $92,000 for gifts,
donations and bequests for forest and rangeland research as
proposed by both the House and the Senate.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The conference agreement provides $5,500,000 for
management of national forest system lands for subsistence uses
in Alaska as proposed by the Senate. No funding was proposed by
the House. The managers do not agree to the Senate proposal to
transfer a portion of these funds to the State of Alaska for
this program. Funds are provided in State and private forestry
for educational efforts of the United Fishermen of Alaska
rather than in this account as was proposed by the Senate.
SOUTHEAST ALASKA ECONOMIC DISASTER FUND
The conference agreement provides $5,000,000 for the
Southeast Alaska Economic Disaster fund; this was not included
in the Senate or House proposals. These funds should be used
for Craig, AK, to assist with economic development.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
The managers have included bill language proposed by the
Senate concerning the National Forest Foundation and the
National Fish and Wildlife Foundation. The conference agreement
includes: the Senate proposal to increase the limit on funding
advances for law enforcement emergencies; the House language
providing certain contracting procedures during the transition
phase at the Land Between the Lakes NRA; the Senate proposal to
reimburse a former employee for certain expenses; the Senate
proposal to allow certain activities on the Green Mountain
National Forest, VT, concerning the sale of excess buildings;
and technical changes to language concerning definitions of
indirect costs. The Forest Service is encouraged to give
priority to projects for the Alaska jobs-in-the-woods program
that enhance the southeast Alaska economy, such as the
Southeast Alaska Intertie.
The managers are concerned about reports that certain
Forest Service officials have spent large sums when purchasing
new vehicles to get them painted to the agency standard green
color. The managers expect the agency to acquire its vehicles
in the most cost effective manner possible. The managers direct
the agency to change its policy to prevent such expensive
purchases. The managers have not included section 501 of the
House passed bill which legislatively required all vehicles
purchased to be white. With the exception of specific vehicles,
such as are used for law enforcement and fire prevention, where
a specific color is an essential element of agency recognition
and public safety, the managers expect vehicle paint standards
to emphasize economical acquisitions.
The managers remain extremely concerned about the size of
the headquarters office and emphasize the need to get funding
to field units. The managers expect full adherence, as was
directed by both the House and the Senate, to the National
Academy of Public Administration report dealing with staffing
size limits for the Chief Financial Officer. If the workload
proves too pressing for the existing staff, the managers
encourage the use of contractors to accomplish short term
efforts. The Congress has provided substantial resources and
many technical reforms, such as the major simplification of the
budget structure in this Act, which aid the financial
management reform effort. The managers expect to continue to
receive regular updates on progress in agency accountability
and financial management.
DEPARTMENT OF ENERGY
The managers encourage the Department to work with State
and Federal environmental and energy organizations to integrate
energy and environmental policies, programs and regulations. In
particular strategies should be developed to reduce multiple
pollutants, improve energy efficiency and enhance reliability.
The Department should work with the Environmental Protection
Agency, the Environmental Council of the States, The State and
Territorial Air Pollution Prevention Administrators/Association
of Local Air Pollution Control Officials, The National
Association of State Energy Officials and the National
Association of Regulatory Utility Commissioners. This effort
should be directed at avoiding contradictory programs,
duplicative activities and related problems.
CLEAN COAL TECHNOLOGY
(DEFERRAL)
The conference agreement provides for the deferral of
$67,000,000 in previously appropriated funds for the clean coal
technology program as proposed by the Senate instead of a
deferral of $89,000,000 as proposed by the House. The managers
also have agreed, under the fossil energy research and
development account, to transfer $95,000,000 in previously
appropriated clean coal technology funding to the fossil energy
research and development account for a power plant improvement
initiative. This initiative is particularly timely, given the
current electricity shortages in certain parts of the country
and the changing make-up of the industry as electric power
deregulation is implemented.
The managers agree that a report required by the Senate
dealing with a potential new round of clean coal technology
projects is not necessary. This issue should be addressed in
the context of the power plant improvement initiative funded
under the fossil energy research and development account.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides a total of $540,653,000
for fossil energy research and development instead of
$365,439,000 as proposed by the House and $401,338,000 as
proposed by the Senate. Of the amount provided, $433,653,000 is
new budget authority, $95,000,000 is derived by transfer from
previously appropriated funds from the clean coal technology
account for a power plant improvement initiative and
$12,000,000 is derived by transfer from the SPR petroleum
account in the Strategic Petroleum Reserve. The numerical
changes described below are to the House recommended level.
In central, systems increases include $1,000,000 for the
international clean energy initiative, $1,000,000 for a study
of the use of clean coal alternatives for replacement of the
Capitol power plant and $2,000,000 for electro-catalytic
oxidation technology.
In the indirect fired cycle program there is a decrease
of $1,000,000. In the turbine program there is an increase of
$3,000,000 for ramgen technology. In the fuel cell program a
one-time increase of $2,000,000 is provided for a demonstration
of solid oxide technology in Nuiqsut, Alaska, and there is an
increase of $8,000,000 for the solid state energy conversion
alliance. In the innovative concepts program there is a
decrease of $1,500,000, which leaves an increase above fiscal
year 2000 of $2,000,000 for multi-layer ceramic technology. In
the transportation fuels and chemicals program there is an
increase of $500,000 for the international clean energy
initiative.
In advanced fuels research there are increases of
$839,000 for hydrogen enabling science, $1,000,000 for advanced
concepts/Vision 21 and $1,000,000 for advanced separation
technology and decreases of $650,000 for molecular modeling and
catalyst development and $489,000 for C-1 chemistry. In the
technology crosscut program there is an increase of $30,000 for
the National Energy Technology Laboratory center of excellence
for computational energy science.
In natural gas programs there is an increase of
$7,000,000 for the methane hydrates program.
For oil exploration and production research there is an
increase of $1,000,000 for sonication technology for oil
recovery and a decrease of $500,000 for analysis and planning.
For emerging processing technology applications there is an
increase of $2,600,000 for biodesulfurization of diesel fuel.
There is also a decrease of $12,000,000, which reflects the use
of previously appropriated Strategic Petroleum Reserve funds
from the SPR petroleum account.
In other programs there is an increase of $700,000 for
cooperative research and development; $951,000 for headquarters
program direction fixed costs; $3,833,000 for fixed costs at
energy technology centers, including $1,933,000 for salaries
and benefits and $1,900,000 for contractor services; $1,900,000
for general plant projects, of which $1,300,000 is for National
Energy Technology Center renovation projects; and $45,000,000,
which reverses a general reduction adopted in House floor
action.
The managers agree to the following:
1. The materials research program under the central
systems activity should focus on hazardous air pollutants in
general and mercury in particular.
2. Future funding for the Capitol power plant is the
responsibility of the Architect of the Capitol and the
$1,000,000 provided for a study of clean coal alternatives
completes the funding commitment through Interior and Related
Agencies appropriations.
3. Emphasis in the indirect fired cycle program should be
placed on co-production, novel hybrid cycles and systems
integration to complement the Vision 21 program. In fiscal year
2001 the program should move towards hybrid gasification/
combustion technology.
4. The Department should continue and expand the advanced
separation technology initiative in its fiscal year 2002 and
later budget requests.
5. Within the methane hydrates program, the Department is
strongly encouraged to consider the expertise of the Gulf of
Mexico Hydrate Research Consortium, as well as the expertise of
the Center for Marine Resources and Environmental Technology in
gas hydrate research related to geohazard and sea floor
stability in the Gulf of Mexico.
6. The ultra clean fuels initiative should not exclude
coal-based fuels.
7. The report required by the House dealing with
financial incentives for reducing emissions from existing coal-
fired plants is not necessary. This issue should be addressed
in the context of the power plant improvement initiative.
8. Research on the biodesulfurization of gasoline should
be continued within this account and coordinated with programs
in this area in the petroleum industries of the future program
in the energy conservation account.
Power plant improvement initiative.--In the coming years,
the surge in U.S. demand for electric power shows no signs of
abating. Yet, in many regions, our expanding 21st century
economy is being powered by an out-of-date and undersized
electric power system. The result has been an increasing
frequency of power supply disruptions and sharp increases in
the electric bills of many Americans. For the sick and the
elderly, access to reliable electricity can be a matter of life
and death. Without reliable and affordable electric power,
commercial and industrial businesses can grind to a halt. We
risk short-circuiting the continued expansion of digital
commerce and e-business that are integral to economic
prosperity.
More than half of our nation's electricity is currently
supplied by coal, and for decades into the future, plentiful
American coal will continue to provide low cost and reliable
electricity. Coal-fired electric power is fundamental to the
U.S. economy and domestic energy security. As the U.S. electric
industry transitions to a new and competitive business
structure, the demands on the existing fleet of coal-based
electric generating facilities are changing. Power plants must
operate in a fashion that reduces environmental impacts,
achieves greater efficiency in operation, reduces carbon
dioxide and other emissions, remains cost-competitive, and
responds quickly to changing customer demand. By achieving
greater efficiency, these generating plants will be capable of
supplying more electricity, which is needed in today's economy
and for the future.
The managers have agreed to fund a power plant
improvement initiative that will demonstrate advanced coal-
based technologies applicable to existing and new power plants
including co-production plants, for example, plants that
produce heat, electric power and liquid fuels, and new
technologies such as the introduction of coal fines into fuel
streams at power plants. The managers expect that there will be
at least a 50 percent industry cost share for each of these
projects and that the program will focus on technology that can
be commercialized over the next few years. Such demonstrations
must advance the efficiency, environmental controls and cost-
competitiveness of coal-fired capacity well beyond that which
is in operation now or has been demonstrated to date.
The managers have included bill language that provides
for a request for proposals 120 days after enactment of this
Act. The Department should circulate a draft for comment and
receive input from outside groups and industry before issuing
the final request for proposals. The language provides for
obligation of funds after September 30, 2001, and incorporates
the governing provisions of previous demonstration programs for
the expenditure of funds, including repayment of government
contributions that are to be retained for future demonstration
projects.
The managers expect the Department of Energy to use the
draft solicitation and public review process to specify the
criteria for the technical and financial evaluation of
projects. The criteria should include as a minimum: (1) the
approximate size of a commercial scale project to ensure a
commercially viable demonstration and, if intended for existing
facilities, applicability to a large portion of existing
capacity and (2) the increase in performance factors, such as
efficiency, cost-competitiveness, and/or emissions removal
required for both existing and new facilities.
Bill Language.--The conference agreement includes
language, as proposed by the Senate, transferring $12,000,000
from the SPR petroleum account to offset partially fossil
energy research and development funding requirements for fiscal
year 2001. Language also is included transferring $95,000,000
from the clean coal technology account for a power plant
improvement initiative. The conference agreement also includes
Senate proposed language permitting the use of up to 4 percent
of National Energy Technology Center program direction funds to
support other Department of Energy activities. Language also is
included under title III--General Provisions requiring the
National Energy Technology Laboratory to establish an advisory
group under the same terms and conditions as such groups at
other National Laboratories.
ALTERNATIVE FUELS PRODUCTION
(RESCISSION)
The conference agreement provides for the rescission of
$1,000,000 in unobligated balances from the alternative fuels
production account as proposed by both the House and the
Senate.
NAVAL PETROLEUM AND OIL SHALE RESERVES
The conference agreement provides $1,600,000 in new
funding for the Naval petroleum and oil shale reserves for an
advanced oil recovery program at Naval Petroleum Reserve Number
3. No funds are provided, as proposed by both the House and the
Senate, for ongoing operations at the Reserves because
unobligated balances from previous fiscal years should be
sufficient to continue necessary operations in fiscal year
2001. The $7,000,000 rescission proposed by the Senate is not
agreed to. The $1,600,000 is for engineering studies to
determine project scope, cost, revenue projections and a
timetable for demonstration of technology that has the
potential to increase significantly oil production at NPR-3,
extend the life of the field and increase revenues to the
Federal government. If the results of the engineering studies
are acceptable to the Department, it may enter into an
agreement with a non-Federal entity to develop a cost shared
demonstration project for below-the-reservoir production at
NPR-3.
ELK HILLS SCHOOL LANDS FUND
The conference agreement provides $36,000,000 for the
third payment from the Elk Hills school lands fund as proposed
by both the House and the Senate. The managers have agreed to
delay this payment until October 1, 2001, and expect the
payment to be made on that date or as soon thereafter as
possible.
ENERGY CONSERVATION
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $816,940,000 for energy
conservation instead of $649,672,000 as proposed by the House
and $763,937,000 as proposed by the Senate, including
$2,000,000 to be derived by transfer from the biomass energy
development account. The numerical changes described below are
to the House recommended level.
In technology roadmaps and competitive research and
development for buildings there is an increase of $762,000 for
roadmaps and a decrease of $500,000 for competitive R&D.
Increases in residential buildings integration include $750,000
for Building America and $100,000 for residential building
codes. In commercial buildings integration there are increases
of $600,000 for research and development and $100,000 for
commercial building energy codes.
In equipment, materials and tools there are increases of
$300,000 for lighting research and development to increase the
base budget for the hybrid lighting partnership, $1,645,000 for
residential absorption heat pumps, $3,000,000 for desiccants
and chillers, $1,000,000 for refrigeration, $1,950,000 for
cogeneration/fuel cells, $500,000 for appliances and emerging
technology research and development, $500,000 for windows
research and $1,000,000 for lighting and appliance standards.
There are also increases of $13,000,000 for the
weatherization assistance program and $1,000,000 for the State
energy conservation program.
In the Federal energy management program increases
include $1,000,000 for program activities and $300,000 for
program direction. The managers expect the Department to
incorporate the use of distributed generation into the Federal
energy management program. Onsite power options should be
considered for all Federal facility power needs based on a
balance between economic and environmental considerations.
Distributed generation technologies can provide improved
reliability, quality of power, total cost of ownership,
environmental benefits and remote power needed to achieve
Federal missions. The Department of Energy should set the
example immediately in its own facilities and report to the
House and Senate Committees on Appropriations within 90 days of
enactment of this Act with a plan for doing so at DOE sites in
fiscal year 2001 and throughout the Federal government in
fiscal year 2001 and beyond.
For industries of the future (specific) programs
increases include $178,000 for aluminum, $30,000 for glass,
$250,000 for mining, $2,000,000 for agriculture and $1,800,000
for supporting industries. In industries of the future
(crosscutting) there are increases of $450,000 for inventions
and innovations and $3,000,000 for distributed generation and a
decrease of $450,000 for the National Competitiveness through
Energy, Environment and Economics grants program. In management
and planning for industry sector programs there is an increase
of $590,000 for fixed costs in program direction and a decrease
of $390,000 in evaluation and planning.
In transportation hybrid systems increases include
$4,000,000 for high power energy storage and $4,000,000 for
heavy vehicle propulsion. For fuel cell programs there are
increases of $1,600,000 for systems work and $4,500,000 for
fuel processor/storage work. In the advanced combustion engine
program increases include $3,000,000 for combustion and after
treatment, $1,000,000 for heavy truck engine research, and
$1,000,000 for health impacts of fuels. Other vehicle
technology research and development increases include
$1,500,000 for cooperative automotive research for advanced
technologies, $500,000 for heavy vehicles/truck safety and
$1,000,000 for a cost shared program on engine boosting
technology for light trucks and sport utility vehicles.
In fuels utilization there are increases of $500,000 for
petroleum based fuels and, in the alternative fuels program,
$500,000 for medium trucks, $500,000 for heavy trucks and
$500,000 for environmental impacts. There is also a decrease of
$1,000,000 for health impacts of fuels because this program has
been funded in the vehicle technology/advanced combustion
engine activity.
Other changes in transportation programs include
increases of $2,900,000 in materials technology for heavy
vehicle high strength weight reduction, $2,300,000 for the
clean cities program in technology deployment and $126,500,000,
which reverses the House floor action that eliminated funding
for the Partnership for a New Generation of Vehicles program.
There is also a decrease of $21,500,000, which reverses a
general increase adopted in House floor action. That increase
has been spread across various programs.
Finally, in policy and management there are increases of
$225,000 for the working capital fund and $278,000 for the
Golden, CO, field office and a decrease of $1,000,000 for the
one-time cost associated with the National Academy of Sciences
study funded in last year's Act.
The managers agree to the following:
1. The recently approved reorganization to separate
distributed generation functions into a new office should be
appropriately shown in future budget requests as should the
realignment of management support services.
2. The Department should evaluate ambient temperature
cure glass technology for air conditioning, which has the
potential to reduce energy use for air conditioning, and
incorporate that technology, as appropriate, in the Federal
Energy Management Program.
3. Given the increases provided in the conference
agreement, projects at the Northwest Alliance for
Transportation Technologies should be funded at substantially
higher levels than previous years.
4. Work with and at the National Transportation Research
Center should also be continued and expanded.
5. The report required by the House dealing with engine
boosting technology is not necessary. This issue should be
addressed in the new program on this subject which is funded in
the vehicle technology research and development activity.
6. With respect to the House direction on Postal Service
vehicles, no funds should be used for electric vehicle
purchases. Such purchases are the responsibility of the Postal
Service and the cooperating States.
7. The managers are aware of recent technological
advances that may increase opportunities for the application of
homogenous charge combustion ignition technologies in mobile
systems. This technology has the potential to reduce
dramatically NOX and particulate emissions. The
managers direct the Office of Energy Efficiency to submit a
report that outlines recent developments in this technology,
describes related research being performed with Federal
support, and discusses potential future directions for research
and development. This report should be submitted by April 1,
2001. The managers further urge the Department to work with the
National Research Council to address the potential of
homogenous charge combustion ignition technology in its next
annual review of the PNGV program.
8. Research on the biodesulfurization of gasoline should
be continued in the petroleum industries of the future program
and coordinated with programs in this area in Fossil Energy.
Bill Language.--The conference agreement earmarks a total
of $191,000,000 for energy conservation programs of which
$153,000,000 is earmarked for weatherization assistance grants
and $38,000,000 is earmarked for State energy conservation
grants. The conference agreement modifies language proposed by
the Senate permitting the waiver of cost sharing for
weatherization assistance grants. Such waivers can be granted
no more than twice. The modification specifies that such
waivers can be granted for no more than 50 percent of the
required cost share. In addition, the cost-sharing requirement
for direct grants for weatherization assistance to Indian
tribes is permanently waived.
ECONOMIC REGULATION
The conference agreement provides $2,000,000 for economic
regulation as proposed by the Senate instead of $1,992,000 as
proposed by the House.
STRATEGIC PETROLEUM RESERVE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides a total of $165,000,000
for the strategic petroleum reserve, including the transfer of
$4,000,000 from the SPR petroleum account. The increase above
the House is $8,000,000 for the maintenance of a Northeast Home
Heating Oil Reserve. The House did not include the transfer
from the SPR petroleum account. The Senate proposed a transfer
of $3,000,000 from the SPR petroleum account and a $1,000,000
transfer from the Naval petroleum and oil shale reserves
account to pay for the Northeast Home Heating Oil Reserve.
ENERGY INFORMATION ADMINISTRATION
The conference agreement provides $75,675,000 for the
Energy Information Administration instead of $70,368,000 as
proposed by the House and $74,000,000 as proposed by the
Senate. The increase above the House level includes $4,632,000
to continue core programs and $675,000 for petroleum data
improvements, of which $150,000 is for an outlet level sampling
frame for gasoline and diesel fuels, $125,000 is to expand the
current gasoline sample to allow the weekly publication of
gasoline prices for key States and cities, $100,000 is to
upgrade the weekly petroleum information system to improve the
reliability and accuracy of the data and $300,000 is to
institute a biweekly survey of companies during the heating
season to monitor interruptible natural gas contracts.
Department of Health and Human Services
Indian Health Service
INDIAN HEALTH SERVICES
The conference agreement provides $2,240,658,000 for
Indian health services instead of $2,106,178,000 as proposed by
the House and $2,184,421,000 as proposed by the Senate. The
numerical changes described below are to the House recommended
level.
In hospital and clinic programs there are increases of
$32,106,000 for pay costs, $8,100,000 for staffing of new
facilities, $30,000,000 for the Indian health care improvement
fund, $225,000 for the Shoalwater Bay infant mortality
prevention program, $500,000 for technology improvements and
AIDS research at epidemiology centers, $5,000,000 for loan
repayment with emphasis on critical shortage specialties such
as pharmacists, dentists and podiatrists, $220,000 for the
pharmacy residents program, $1,000,000 for emergency medical
services, $1,000,000 to hire podiatrists and $3,000,000 for
technology upgrades.
For dental health programs, increases include $2,365,000
for pay costs, $792,000 for staffing of new facilities and
$8,000,000 for increased dental services. Increases in mental
health programs include $1,488,000 for pay costs and $384,000
for staffing of new facilities. There is an increase of
$3,717,000 for pay costs associated with alcohol and substance
abuse programs and a program increase of $40,000,000 for
contract health services. Increases of $1,099,000 for pay costs
and $643,000 for staffing of new facilities are provided for
public health nursing.
Health education programs are increased by $326,000 for
pay costs and $134,000 for staffing of new facilities. The
community health representative program is increased by
$1,787,000 for pay costs. Increases for the Alaska immunization
program include $70,000 for pay costs and $2,000 for additional
immunizations.
Increases for urban health programs include $1,096,000
for pay costs and $1,000,000 to incorporate the Southwest
Indian Polytechnic Institute dental program into the urban
Indian health program in the Albuquerque, NM, area. The urban
program for that area is funded pursuant to title V of the
Indian Health Care Improvement Act and run by First Nations
Community HealthSources. With these additional funds, dental
services will be available for the large urban Indian
population in the Albuquerque, NM, area.
Other pay cost increases include $62,000 for Indian
health professions, $2,075,000 for direct operations and
$294,000 for self-governance. Contract support costs increases
include up to $10,000,000 for new and expanded contracts and
$10,000,000 for existing contracts.
Finally, there are decreases of $10,005,000 for staffing
of new facilities because these costs have been spread among
the appropriate accounts and $22,000,000, which was a general
increase in House floor action that has been spread among
various accounts in the conference agreement.
The managers agree to the following:
1. The Service needs to do a better job of estimating
costs, including the distribution of pay cost increases. These
numbers should not be a ``moving target'' that changes
substantially and continuously after the budget submission as
was the case this year.
2. The Service should distribute the Indian health care
improvement fund in accordance with the level of need
methodology to ensure that the most underfunded tribes are
funded at more equitable levels. There should be no set-aside
of a portion of these funds to be distributed under an
alternative methodology. The managers recognize that the LNF
methodology may need some improvements and the Service should
continue to make the necessary refinements.
3. The Service should report to the House and Senate
Committees on Appropriations prior to finalizing any policy on
the distribution of the Indian health care improvement fund for
fiscal year 2001. The managers urge the Service to establish a
minimum level of funds to be provided to individual service
units. The Service also should provide a report on how the
fiscal year 2000 funds were used to improve services to Indians
and Alaska Natives.
4. Despite the reprimand in the House report, the Service
has still not provided the required plan of action to augment
and strengthen its podiatric care program. Because of the
pressing need in this area, the managers have taken actions in
this conference report to address the problem. The report is
still required as requested last year, and the managers expect
that the directed consultation with outside groups will be
fully and clearly explained in that report.
5. The Service should accept the offer from the American
Podiatric Medical Association to assist in the recruitment and
screening of candidates to fill podiatry positions in the
Service. The APMA deserves credit for pursuing much needed
improvements in the podiatry programs at IHS and has an
excellent record with respect to prevention of diabetic
amputations. The Service should consult with APMA on both the
use of the $1,000,000 increase provided to hire additional
podiatrists and the use of the loan repayment program for
podiatrists.
6. The Senate-required report on the proposed
distribution of the general funding increase is not necessary
because the increase has been distributed across the various
programs in the conference agreement.
7. The Senate requirement to investigate possible
inequities in funding allocations applies not only to the Ponca
and the Salish and Kootenai tribes but to all tribes. The House
has received several complaints from Oklahoma tribes. This
investigation should be done in the context of the Indian
Health Care Improvement Fund and the level of need methodology
and does not require a separate report.
8. Within the funding provided for contract health
services, the Indian Health Service should allocate an increase
to the Ketchikan Indian Corporation's (KIC) recurring budget
for hospital-related services for patients of KIC and the
Organized Village of Saxman (OVS) to help implement the
agreement reached by the Indian Health Service, KIC, OVS and
the Southeast Alaska Regional Health Corporation on September
12, 2000. The additional funding will enable KIC to purchase
additional related services at the local Ketchikan General
Hospital. The managers remain concerned that the viability of
Alaska Native regional entities must be preserved. The
accommodation by the managers of the September 12, 2000
agreement in no way is intended to imply that similar requests
for similar arrangements will be encouraged or supported
elsewhere in Alaska.
Bill Language.--The conference agreement does not include
language proposed by the Senate preventing contract health
payments in excess of Medicare and Medicaid rates. The
Secretary of Health and Human Services has authority to address
this issue through the regulatory process. The conference
agreement does not include language proposed by the Senate
giving tribes access to prime vendor rates that are available
to the Service. This authority was enacted earlier this year.
Language is included raising the amount for the Catastrophic
Health Emergency Fund from $12,000,000 to $15,000,000 and
raising the cap for the loan repayment program from $17,000,000
to $22,000,000.
The conference agreement includes language proposed by
the Senate providing up to $10,000,000 for contract support
costs associated with new and expanded self-determination
contracts and self-governance compacts. The managers note that,
unlike the Bureau of Indian Affairs, that funds all contract
support cost requirements at the same rate, the Service has a
varying scale. The managers urge the Office of Management and
Budget to work with the BIA and the IHS to address
discrepancies between the two bureaus with respect to the
calculation and distribution of contract support costs. At
present, the IHS pays many more categories of costs than does
BIA, and the rate of contract support cost payments relative to
the level of need is higher in IHS than in BIA. These
discrepancies should be addressed, and the managers suggest
that the Office of Management and Budget is the appropriate
organization to do so.
INDIAN HEALTH FACILITIES
The conference agreement provides $363,904,000 for Indian
health facilities instead of $336,423,000 as proposed by the
House and $349,350,000 as proposed by the Senate. The numerical
changes described below are to the House recommended level.
In maintenance and improvement, increases include
$2,000,000 to address the maintenance backlog and $1,000,000
for the Northwest Portland area AMEX program with the
understanding that AMEX includes cost sharing in excess of 50
percent and there will be no increase for base funding
requirements for these projects. Increases for sanitation
facilities include $206,000 for pay costs and a program
increase of $1,500,000.
For hospital and clinic construction, there are increases
of $118,000 for the Parker, AZ, clinic, $5,000,000 for small
ambulatory facilities with the understanding that there will be
no additional operating funds associated with these projects,
$5,000,000 for staff quarters in Bethel, AK, $5,000,000 for
joint ventures and $2,000,000 for Hopi, AZ, staff quarters.
For facilities and environmental health support,
increases include $3,657,000 for pay costs and $1,665,000 for
staffing of new facilities. There is also an increase of
$2,000,000 for equipment to raise the total annual funding
available for equipment at tribally built facilities from $3
million to $5 million and a decrease of $1,665,000 for staffing
of new facilities because this amount has been included in the
facilities and environmental health support activity.
The managers agree to the following:
1. The Service is urged to package together several staff
quarters projects whenever possible to attract more bidders for
construction projects and to lower costs. The various projects
on the priority list for Navajo and other tribes in the area
should be reviewed as potential candidates for packaging as
should staff quarters projects in other areas where such
projects can be combined to attract additional interest and
achieve savings.
2. For the joint venture program, up to 3 projects may be
funded, at least 2 of which are replacement facilities.
3. Any funds not needed for completion of individual
construction projects should be reported to the House and
Senate Committees on Appropriations as soon as identified.
These funds should subsequently be used to offset requirements
for other projects on the priority list. To the extent that
such funds become available in fiscal year 2001, they may be
used for clinic design for the next three facilities on the
outpatient priority list.
Bill Language.--The conference agreement includes
language, as proposed by the Senate, directing funds to the
Yukon-Kuskokwim Health Corporation for construction of the
Bethel, AK, staff quarters and earmarking $5,000,000 for the
joint venture program with specific instructions on program
implementation. The House had no similar provisions. Language
also is included increasing the earmark for funds to be
provided to the Hopi Tribe from $240,000 to $2,240,000 to
reduce the debt incurred by the Tribe in providing staff
quarters associated with the new Hopi Health Center. Language
also is included permitting the use of contracts for small
ambulatory facilities.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
The conference agreement provides $15,000,000 for
salaries and expenses of the Office of Navajo and Hopi Indian
Relocation as proposed by the Senate instead of $8,000,000 as
proposed by the House.
Institute of American Indian and Alaska Native Culture and Arts
Development
Payment to the Institute
The conference agreement provides $4,125,000 for payment
to the institute as proposed by the Senate instead of zero
funding as proposed by the House.
Smithsonian Institution
SALARIES AND EXPENSES
The conference agreement provides $387,755,000 for
salaries and expenses of the Smithsonian Institution as
proposed by the Senate instead of $375,230,000 as proposed by
the House.
REPAIR, RESTORATION AND ALTERATION OF FACILITIES
The conference agreement provides $57,600,000 for repair,
restoration and alteration of facilities as proposed by the
Senate instead of $47,900,000 as proposed by the House. Of this
amount, $50,000,000 is provided to address repair and
rehabilitation work required throughout the Smithsonian complex
and $7,600,000 is provided for similar activities at the
National Zoo. In addition, the managers instruct the Zoo to
dedicate the remainder of funds previously designated for an
aquatics exhibit to higher priority safety and security work
referred to in the fiscal year 2001 budget estimate.
In 1995, the Smithsonian's Commission on the Future
issued a report indicating that an amount of $50,000,000
annually, applied to repair and renovation work over the next
decade, would eliminate the Institution's $500,000,000
maintenance backlog. In the five fiscal years following the
issuance of that report, Congress appropriated approximately
$200,000,000 for repair and rehabilitation.
In recent months, as Smithsonian officials have brought
renewed attention to the poor physical condition of their
buildings, the managers have been concerned by statements that
still point to a $500,000,000 maintenance backlog despite an
increased appropriation. Further, the agency has now pointed to
the need for a funding level in the neighborhood of $100
million annually--approximately twice the current amount--
although the House and Senate Committees on Appropriations have
received no additional documentation to substantiate this
request. The managers do not doubt that there is a considerable
maintenance backlog at the Smithsonian and have made a
significant effort to assist the Institution in this area.
However, the apparent lack of progress, the large unobligated
carryover balances in past years, a commitment of funds to
projects of lower priority, the absense of a detailed plan for
implementation of a coordinated maintenance program and grossly
underestimated projects such as the Patent Office Building,
which has tripled in cost, all are issues that should be
explained prior to any substantial increase in funding.
In light of the above, the managers direct the
Smithsonian to contract with the National Academy of Public
Administration (NAPA) in order to provide the House and Senate
Committees on Appropriations with a better understanding of the
expenditure of Federal funds to date, the strides that have
been made since 1996 and the task that lies ahead. In addition,
the Academy is directed to review carefully any future plan
submitted by the Smithsonian to the House and Senate Committees
on Appropriations for additional dollars for critical
maintenance backlog. This should be done on a building-by-
building basis for the needed facilities improvements during
the next eight to ten years. Any planned expenditures for
building maintenance in conjunction with the National Museum of
the American Indian, the Patent Office Building and the
extension of the Air and Space Museum should also be reviewed
by the Academy.
construction
The conference agreement provides $9,500,000 for
construction instead of $4,500,000 as proposed by the Senate
and no funding as proposed by the House. Within the amount
recommended, $4,500,000 is provided for construction of the
Smithsonian Astrophysical Observatory's facility at Hilo,
Hawaii and $5,000,000 is provided for construction of an
American Agriculture exhibit at the National Zoo. This exhibit
has been in the planning stages for several years. The Hilo
funds are subject to authorization.
National Gallery of Art
salaries and expenses
The conference agreement provides $64,781,000 for
salaries and expenses of the National Gallery of Art as
proposed by the Senate instead of $61,279,000 as proposed by
the House. The managers agree that the government-wide
reduction in fiscal year 2000 should be spread appropriately
across the various Gallery programs in future budget
submissions.
repair, restoration and renovation of buildings
The conference agreement provides $10,871,000 for repair,
restoration and renovation of buildings as proposed by the
Senate instead of $8,903,000 as proposed by the House.
John F. Kennedy Center for the Performing Arts
Operations and maintenance
The conference agreement provides $14,000,000 for
operations and maintenance of the Kennedy Center as proposed by
the Senate instead of $13,947,000 as proposed by the House.
construction
The conference agreement provides $20,000,000 for
construction as proposed by the Senate instead of $19,924,000
as proposed by the House.
Woodrow Wilson International Center for Scholars
salaries and expenses
The conference agreement provides $7,310,000 for salaries
and expenses of the Woodrow Wilson International Center for
Scholars as proposed by the Senate instead of $6,763,000 as
proposed by the House. Funds should be distributed as follows:
Fellowship program...................................... $1,169,000
Scholar support......................................... 643,000
Public service.......................................... 2,217,000
General administration.................................. 1,522,000
Smithsonian fee......................................... 135,000
Conference planning..................................... 1,459,000
Space................................................... 165,000
--------------------------------------------------------
____________________________________________________
Total................................................. 7,310,000
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
The conference agreement includes $98,000,000 for grants
and administration of the National Endowment for the Arts as
proposed by the House instead of $105,000,000 as proposed by
the Senate.
National Endowment for the Humanities
grants and administration
The conference agreement provides $104,604,000 for grants
and administration as proposed by the Senate instead of
$100,604,000 as proposed by the House.
matching grants
The conference agreement provides $15,656,000 for
matching grants as proposed by the Senate instead of
$14,656,000 as proposed by the House.
Institute of Museum and Library Services
office of museum services
grants and administration
The conference agreement provides $24,907,000 for grants
and administration of the Office of Museum Services as proposed
by the Senate instead of $24,307,000 as proposed by the House.
Challenge America Arts Fund
challenge america grants
The conference agreement includes $7,000,000 for the
Challenge America Arts Fund, a new account, to provide
additional funding for arts education and outreach activities
for rural and underserved areas. These funds should be used for
matching grants that expand service to more of the Nation and
enhance arts education and community activities. This account
will be administered by the National Endowment for the Arts
following all previous authorized requirements including
prohibitions on obscenity and restrictions on grants to
individuals, subgrants and grants for seasonal support. The
managers direct the NEA to provide a detailed report to the
House and Senate Committees on Appropriations describing the
use of these funds.
The managers note that in recent years the Congress has
instituted several reforms concerning arts funding for obscene
materials. The managers emphasize that the reforms to the NEA
established by Congress are retained in title III of the bill.
In addition to underscoring the need to serve rural and
underserved communities, these reforms include restrictions on
grants to individuals, subgrants and grants for seasonal
support; a cap on the funds provided to any one State in a
given year; an emphasis on grants that encourage public
knowledge, education, understanding and appreciation of the
arts; the appointment of six Members of Congress to the
National Council on the Arts; and a provision allowing the NEA
to solicit and invest private funds for arts support.
Commission of Fine Arts
salaries and expenses
The conference agreement provides $1,078,000 for salaries
and expenses of the Commission of Fine Arts as proposed by the
Senate instead of $1,021,000 as proposed by the House.
National Capital Arts and Cultural Affairs
The conference agreement provides $7,000,000 for National
Capital Arts and Cultural Affairs as proposed by the Senate
instead of $6,973,000 as proposed by the House.
Advisory Council on Historic Preservation
salaries and expenses
The conference agreement provides $3,189,000 for salaries
and expenses of the Advisory Council on Historic Preservation
as proposed by the Senate instead of $2,989,000 as proposed by
the House.
National Capital Planning Commission
salaries and expenses
The conference agreement provides $6,500,000 for salaries
and expenses of the National Capital Planning Commission as
proposed by the Senate instead of $6,288,000 as proposed by the
House.
United States Holocaust Memorial Council
holocaust memorial council
The conference agreement provides $34,439,000 for the
Holocaust Memorial Council as proposed by the Senate instead of
$33,161,000 as proposed by the House.
Presidio Trust
presidio trust fund
The conference agreement provides $33,400,000 for the
Presidio Trust Fund as proposed by both the House and the
Senate.
TITLE III--GENERAL PROVISIONS
The conference agreement includes sections 301 through
306 that were identical in both the House and the Senate bills.
These sections continue provisions carried in past years.
The conference agreement does not include language
proposed by the House in section 307 concerning compliance with
``Buy American'' procedures. This provision was made permanent
in the fiscal year 2000 Interior Appropriations Act.
The conference agreement includes sections 307 through
310, 314, 316 through 319, 321 through 327, and 329 as proposed
by the Senate. Identical language was proposed by the House in
sections 308 through 311, 315, 317 through 320, 322 through
328, and 330. These sections continue provisions carried in
past years.
Section 311 retains the text of section 312 as proposed
by the House, which continues the mining patent moratorium
provision carried last year. The text of section 311 as
proposed by the Senate differed only in the use of
capitalization.
Section 312 retains the text of section 313 as proposed
by the House which continues a provision carried last year
limiting BIA and IHS liability for prior year contract support
costs through 2000. Section 312 proposed by the Senate
continued this provision through 2001.
Section 313 modifies the text of section 313 as proposed
by the Senate and section 314 as proposed by the House which
continues a provision carried last year concerning the Jobs-in-
the-Woods program. The modified text encourages the agencies to
consider various factors when awarding contracts.
Section 315 retains the text of section 316 as proposed
by the House, which makes permanent a provision exempting the
Presidio Trust from State and local taxes and assessments.
Section 315 proposed by the Senate continued the provision for
one year.
Section 320 establishes an advisory commission to provide
recommendations concerning payments to counties having Federal
forest lands. This section was in neither the House or Senate
passed bills. The commission will have 18 months after
enactment to provide to the Congress recommendations concerning
long-term funding for forest counties and other matters. The
commission will terminate three years after enactment.
Section 328 retains the text of section 328 as proposed
by the Senate, which continues a provision carried last year
regulating the export of Western red cedar from National Forest
System lands in Alaska. The text of section 329 as proposed by
the House differed only in the numbering convention used.
Section 330 modifies the text of section 332 as proposed
by the House which allows the Forest Service and the Bureau of
Land Management to pilot test the ``Service First'' initiative.
The Senate had no similar provision. The managers are
encouraged by these interdepartmental efforts and expect that
this provision will assist the expansion of these efforts in
many more areas of the agencies involved. The managers have
clarified the language proposed by the House to make it clear
that this authority may be used agency-wide.
Section 331 retains the text of section 333 as proposed
by the House establishing a four-year program between the
Forest Service and the State of Colorado for cooperative
watershed protection and restoration. The Senate had no similar
provision. The managers will watch the implementation of this
program carefully to determine if this authority provides
enhanced coordination and cooperation between Federal and State
interests. A cooperative effort will greatly enhance efforts to
reduce fuel loadings and provide greater safety to communities
in the wildland urban interface.
Section 332 modifies the text of section 334 as proposed
by the House addressing the Interior Columbia Basin Ecosystem
Management Project. The managers instruct the agencies to
review the environmental analyses and documents regarding the
Interior Columbia Basin Ecosystem Management Project and bring
this analysis and documentation into full conformance with the
requirements of the National Environmental Policy Act
requirements when new information or conditions arise,
including procedures when there are significant new
circumstances or information relevant to environmental concerns
and bearing on the proposed action or its impacts. Such
analysis and documentation should include the summer 2000
wildfires and the President's initiative for managing the
impact of wildfires on communities and the environment. None of
the funds appropriated or otherwise made available by this Act
may be used to issue a record of decision for the Interior
Columbia Basin Ecosystem Management Plan until this analysis is
completed and included in a report submitted to the House and
Senate Committees on Appropriations.
Section 333 retains the text of section 330 as proposed
by the Senate allowing the Forest Service, in consultation with
the Department of Labor, to modify concession contracts for
campgrounds. The House had no similar provision.
Section 334 retains the text of section 331 as proposed
by the Senate prohibiting the Forest Service from using the
recreation fee demonstration program to supplant existing
recreation concessions.
Section 335 retains the text of section 332 as proposed
by the Senate raising the reporting threshold for energy
savings performance contracts through the Department of
Energy's Federal Energy Management Program. The House had no
similar provision.
Section 336 retains the text of section 334 as proposed
by the Senate extending the Recreation Fee Demonstration
Program for one additional year. The managers are greatly
encouraged by the progress being made in this effort and expect
the four land management agencies to continue emphasis on this
program. The House had no similar provision.
Section 337 retains the text of section 335 as proposed
by the Senate which continues a provision carried last year
limiting mining and prospecting on the Mark Twain National
Forest in Missouri. The House had no similar provision.
Section 338 retains the text of section 336 as proposed
by the Senate authorizing the Forest Service to enter into
additional stewardship contracts in Regions 1 and 6. The House
had no similar provision.
Section 339 retains the text of section 337 as proposed
by the Senate which limits cost recovery for special use
permits issued by the Bureau of Land Management and the Forest
Service. The House had no similar provision.
Section 340 modifies the text of section 339 as proposed
by the Senate prohibiting fee increases for fiberoptic cable
rights-of-way. The House had no similar provision. The managers
are concerned that the Forest Service needs to work closely
with the Department of the Interior to establish common
practices concerning the determination of rental fees for
fiberoptic cable rights-of-way uses on Federal lands. The
conference agreement stops the Forest Service from implementing
rental fee direction in a letter issued on May 2, 2000, which,
in some cases, resulted in large increases in rental fees by
using a case-by-case appraisal process. The conference
agreement prevents the issuance of a final rule during fiscal
year 2001 although the managers expect the Secretaries to
continue their work on a common, updated rental fee schedule
and procedure. The managers encourage the two departments to
issue common regulations using the accepted rule-making
process. This will ensure full opportunity for public comment
and allow time for appropriate Congressional attention to this
important issue.
Section 341 includes the text of section 340 as proposed
by the Senate limiting competition for fire and fuel treatment
and watershed restoration contracts in California. The House
had no similar provision.
Section 344 retains the text of section 345 as proposed
by the Senate, which makes available $4 million in prior year
funding for the National Energy Technology Laboratory. The
House had no similar provision.
Section 345 modifies the text of section 348 as proposed
by the Senate prohibiting the closure of backcountry landing
strips. The House had no similar provision. The managers have
modified the Senate proposed language so that public notice and
consent of the Federal Aviation Administration, in consultation
with appropriate State and Federal aviation officials, is made
before permanently closing aircraft landing strips. Landing
strips, which are deemed hazardous for use by general aviation,
may be closed temporarily until repairs are made; landing
strips which are known to contribute to illegal activities may
be closed temporarily as deemed necessary to support law
enforcement efforts; landing strips damaging soil and water
resources or impeding agency compliance with existing laws and/
or regulations may be closed following appropriate public
notice, consultation and consent. Short-term closures are not
affected by this provision.
Section 346 amends the Columbia River Gorge National
Scenic Area Act (CRGNSA) to expedite the acquisition of
critical lands within the NSA. The purpose of this section is
to address the land appraisal assumptions utilized by the
Forest Service to acquire land within the Columbia River Gorge
National Scenic Area. Among other things, Public Law 99-663
authorized the Forest Service to acquire land within the CRGNSA
for the fair market value of the land as determined by an
appraisal. In the CRGNSA, the application of zoning to the
determination of value has led to local anomalies in the
Federal appraisal process.
The practical effect of this section is that privately-
held property in the CRGNSA offered for Federal acquisition
after March 31, 2001, will be appraised taking into account all
zoning and other land use restrictions in the affected States
and counties. For lands offered for sale to the Forest Service
on or before March 31, 2001, fair market value will be
appraised as set out in section 9(e)(2) by not considering the
impacts on value of zoning enacted pursuant to Public Law 99-
663. This will take into account land use restrictions that
would be in effect but for the passage of the scenic area act,
including but not limited to land use restrictions resulting
from the Washington State Growth Management Act or Oregon
statewide land use program.
The language used in this section is prospective only and
intended to address explicitly the question of appraisal
procedures to be used for future CRGNSA land acquisitions by
the Forest Service in a way that provides an administrative
framework for important land acquisitions to occur. Given the
managers' intent, this language should not be construed to
apply generally to Federal land acquisitions elsewhere in the
Nation, nor change the intent and interpretation of the Uniform
Relocation Assistance and Land Acquisition Policies Act of 1970
(Public Law 91-646).
The section also modifies the application of section 8(o)
of Public Law 99-663 which provides, in part, for landowners to
offer their land for purchase by the Forest Service and the
nonapplicability of certain zoning restrictions if the land is
not purchased after three years. As modified by this section,
persons who own land as of September 1, 2000, may offer to sell
their land to the Forest Service by March 31, 2001, and still
be afforded the rights under section 8(o). The Secretary should
continue the practice to treat all landowners' written offers
to sell as bona fide and, therefore, as efforts to initiate the
three-year period for Forest Service acquisition unless a
landowner refuses to cooperate with the Forest Service.
Examples of refusing to cooperate would be withholding
permission for Forest Service staff to access the offered
property or rejecting a purchase for fair market value. Another
example would be an attempt by a landowner to revoke a
previously provided written offer to initiate the three-year
section 8(o) process.
Nothing in this section is intended to modify the basic
structure or operation of the land use regime established with
the 1986 enactment of Public Law 99-663, nor is anything
intended to affect any exposure of the Federal, State or local
governments to claims arising under the Fifth Amendment of the
Constitution for the taking of private property for public
purposes. The managers believe that the Gorge Commission and
the Secretary should exercise their administrative authorities
in a manner which reduces the possibility of taking claims
including modifications of the management plan if necessary.
Subsection (c) of this section provides for the Forest
Service to provide notice to the communities and landowners of
the amendments to the CRGNSA Act contained in this section.
Specifically, the Forest Service will contact private
landowners in the Special Management Areas by first-class mail
based on ownership records provided by the counties located in
the CRGNSA. The counties are urged to provide such records to
the Forest Service as soon as possible. Such cooperation will
provide private landowners the opportunity to consider the
acquisition opportunities made available by these amendments.
The mailing by the Forest Service to those landowners listed by
the counties will provide constructive notice to landowners,
but the Forest Service is not required to provide proof of
receipt by addressee.
The managers expect a considerable, but temporary,
increase in the workload of the Columbia River Gorge National
Scenic Area office of the Forest Service as a result of this
amendment. The managers expect the Secretary to dedicate the
requisite level of resources to this office to process section
8(o) offers. Further, the managers understand the Secretary has
adequate appropriated funds to clear the current backlog of
properties ready for acquisition in FY 2001. The managers are
aware, however, that the demand for appropriations for
acquisitions may increase on a temporary basis over the next
three years to respond to offers made under the auspices of
this section.
Section 347 authorizes a land exchange, which conveys
Forest Service property in Kern County in California in
exchange for county lands suitable for inclusion in the Sequoia
National Forest.
Section 348 requires the Department of Energy to
establish an advisory committee for the National Energy
Technology Laboratory under the same terms and conditions as
such groups at other National laboratories.
Section 349 provides the framework for the development of
an Environmental Impact Statement and Habitat Conservation Plan
for the Umpqua Land Exchange Project, comprising 675,000 acres
in the Coast Range-Umpqua Basin in Douglas County, Oregon. The
project will be managed by the Voluntary Land Exchanges
Foundation in cooperation with the Bureau of Land Management.
The conference agreement provides $4,300,000 for the
development of the EIS and HCP, and the managers expect the
private landowners to bear their full cost of any future
supplemental EIS.
Section 350 provides authority for contract health
services funding increases in the Indian Health Service for the
Ketchikan Indian Corporation and the Organized Village of
Saxman in Alaska.
Section 351 permits the sale of the Forest Service Boise,
ID, laboratory site, occupied by the Rocky Mountain Research
Station, and the use of the proceeds to purchase interests in a
multi-agency facility at the University of Idaho.
The conference agreement does not include language
proposed by the House in section 331 prohibiting new or
expanded Indian self-determination contracts or self-governance
compacts, nor does it include section 335 as proposed by the
House concerning national monuments (superseded by House
section 123). The Senate had no similar provisions.
The conference agreement does not include language
proposed by the Senate in section 320 restricting National
Forest planning, in section 333 rescinding funding for the
Beartooth Highway in Montana, in section 338 exempting
residents in the White Mountain National Forest in New
Hampshire from the recreation fee demonstration program, in
section 341 concerning the White River National Forest in
Colorado, in section 342 concerning roadless area in the White
Mountain National Forest in New Hampshire, in section 343
concerning the release of funds appropriated in fiscal year
1999 for the Department of Energy, in section 344 concerning
funding for tribally controlled community colleges, in section
346 concerning Indian gaming procedures, in section 347
concerning providing a grant to Alaska Pacific University, and
in section 349 prohibiting the use of certain pesticides by the
Department of the Interior. The House had no similar
provisions.
The conference agreement does not include language
proposed by the House in section 501 regarding the color of
Forest Service vehicles, in section 502 concerning the Federal
wildland fire policy and controlled burns, and in section 503
concerning national monuments. The Senate had no similar
provisions. The painting issue is addressed in detail under the
Forest Service Administrative Provisions heading. The wildland
fire policy is discussed in detail, along with other urgent
hazardous fuels management issues, in title IV.
TITLE IV--WILDLAND FIRE EMERGENCY APPROPRIATIONS
Department of the Interior
Bureau of Land Management
wildland fire management
The conference agreement provides $353,740,000 for
wildland fire management instead of $120,300,000 as proposed by
the Senate. Detailed instructions for these funds are provided
below under the Forest Service heading and also under the title
I heading for this account.
Related Agency
Department of Agriculture
Forest Service
Wildland Fire Management
The conference agreement provides $619,274,000 for
wildland fire management instead of $120,000,000 as proposed by
the Senate. Detailed instructions for these funds are provided
below and also under the title II heading for this account.
General instructions.--The following instructions apply
to both the Department of the Interior and the Forest Service.
The managers are providing substantial resources for priority
emergency needs. The Administration has submitted a report
including requests for an additional $1,578,376,000 for
activities at both the Forest Service and the Department of the
Interior. The conference agreement includes $1,803,116,000
responding to these needs by protecting communities and lands.
The following table summarizes the funding provided under
this Title. Additional funds are provided under title I and
title II.
Summary of Allocations for Wildland Fire
Conference action
BLM title IV emergency operations:
Wildfire suppression................................ $116,611,000
Hazardous fuels..................................... 142,129,000
Rehabilitation...................................... 85,000,000
Rural fire assistance............................... 10,000,000
--------------------------------------------------------
____________________________________________________
BLM emergency title IV subtotal................. 353,740,000
Forest Service title IV emergency operations:
Wildfire suppression................................ 179,000,000
Hazardous fuels..................................... 120,000,000
Rehabilitation...................................... 142,000,000
Fire facilities backlog............................. 44,000,000
Research & development.............................. 16,000,000
State fire assistance................................... 50,494,000
Volunteer fire assistance............................... 8,280,000
Forest health........................................... 12,000,000
Economic action......................................... 12,500,000
Community and private land fire assistance.............. 35,000,000
--------------------------------------------------------
____________________________________________________
FS title IV subtotal................................ 619,274,000
========================================================
____________________________________________________
Total wildland fire emergency in title IV............... 973,014,000
Other wildfire emergency funds added to title I, II..... 626,000,000
Wildfire preparedness funds added to titles I, II....... 341,463,000
--------------------------------------------------------
____________________________________________________
Grand total....................................... 1,940,477,000
The managers have included detailed instructions for the
allocations and activities for these funds within the statement
of the managers text for wildland fire management accounts for
the Department of the Interior and the Forest Service. The
managers encourage the Secretaries to recognize the need to
maximize the use of streamlined administrative procedures and
systems in recognition of the exigent circumstances, and direct
the Departments to ensure that all procedures available on a
government-wide basis for acquisition and employment in
emergency situations are utilized to assure prompt action
without burden of additional, unnecessary internal
requirements.
The managers responded to the emergency situation using
the best available data. The managers recognize that additional
fire, State and community assistance may still be needed. The
managers direct the Secretaries to work with Governors of the
affected States to submit a report summarizing additional
needs, if warranted. The Secretaries should also work with the
Governors on a long-term strategy to deal with the wildland
fire and hazardous fuels situation, as well as needs for
habitat restoration and rehabilitation in the Nation. The
managers expect that a collaborative structure, with the States
and local governments as full partners, will be the most
efficient and effective way of implementing a long term
program.
The managers are very concerned that the agencies need to
work closely with the affected States, including Governors,
county officials and other citizens. Successful implementation
of this program will require close collaboration among citizens
and governments at all levels. The managers direct the
Secretaries to engage Governors in a collaborative structure to
cooperatively develop a coordinated, National ten-year
comprehensive strategy with the States as full partners in the
planning, decision making, and implementation of the plan. Key
decisions should be made at local levels.
The managers have agreed to modified language from the
Senate bill relating to hazardous fuels reduction in the urban
wildland interface. This provision has been altered to make
clear that the contracting authorities provided to the
Secretary of the Interior and the Secretary of Agriculture are
those associated with hazardous fuels reduction activities.
Other significant modifications have also been made. Waivers
from government procurement and contracting laws provided in
paragraph (1) which were permanent in the Senate proposal are
now available only until the sums for hazardous fuels reduction
in this title have been obligated. The managers expect that, in
expending these funds, the Secretaries shall recognize the
needs in certain States that have been most impacted by fires,
such as those states in Regions 1, 3, and 4 of the Forest
Service.
The purpose of paragraph (1) is to provide the
Secretaries with the flexibility to provide employment and
training opportunities to people in rural communities. The
managers direct the Secretaries to give preference to local
workers and youth groups such as the Youth Conservation Corps,
in developing projects under this section to the maximum extent
feasible consistent with funding limitations. The provisions of
this section are not intended to expand the number of
stewardship contracts authorized by section 347 of the FY 1999
Interior and Related Agencies Appropriations Act, (Public Law
105-277, section 347).
Consistent with paragraph (3) and accompanying Senate
instruction, the managers direct the Secretary of Agriculture,
within 60 days after enactment of this Act, to publish in the
Federal Register the Forest Service's cohesive strategy for
protecting fire-adapted ecosystems and an explanation of any
differences between the strategy and other related ongoing
policymaking activities including: revising regulations for the
national forest system transportation policy; roadless area
protection; the Interior Columbia Basin Draft Supplemental
Environmental Impact Statement; and the Sierra Nevada
Framework/Sierra Nevada Forest Plan Draft Environmental Impact
Statement. The Secretary shall also provide 30 days for public
comment on the cohesive strategy and accompanying explanation.
The managers expect that, as appropriate, input received will
be considered in other appropriate ongoing policymaking
activities in the related rulemakings listed in this section.
The managers expect the Secretaries to report jointly to
Congress, by May 1, 2001, with recommendations for additional
funding needs; an inventory of communities at risk that require
hazardous fuel reduction treatments; and additional authorities
needed, if any, to increase the amount of fuel reduction
treatments in high fire risk urban wildland interface areas.
Paragraph (4) modifies language in the original Senate
bill concerning publication of the Forest Service's Cohesive
Strategy for Protecting People and Sustaining Resources in
Fire-Adapted Ecosystems, and explaining any differences between
this strategy and certain rulemaking and planning efforts of
the agency. The language as modified by the conference
agreement provides that documentation required by section
102(2)(C) of the National Environmental Policy Act which
accompanies the rulemakings and planning activities identified
in paragraph (4) must contain an analysis of any differences
between the Cohesive Strategy and the policies and rulemakings
listed in this paragraph.
Paragraph (5) has been added to the original Senate
proposal. It requires the Secretaries of Commerce, the Interior
and Agriculture and the Chairman of the Council on
Environmental Quality, to evaluate the need for revised or
expected environmental compliance procedures. These officials
must then report to Congress within 60 days of enactment to
apprise the Congress of their decision whether to develop any
expedited procedures, or to adopt or recommend any other
measures. Paragraph (5) also provides discretionary authority
for priority to be given to consultations or conferencing under
the Endangered Species Act for hazardous fuels reduction
projects. The managers emphasize that nothing in paragraph (5)
is intended to override any existing environmental laws.
The managers are also especially concerned that the
agencies perform. Accordingly, the managers provide the
following instructions to facilitate effective and efficient
use of these resources. The managers direct that not more than
20 percent of the total funds appropriated by this section may
be spent on indirect costs as defined in this Act for the
Forest Service and in Department of the Interior directives.
Furthermore, the managers direct that all funds appropriated in
this section are to be used only for the purposes outlined in
the detailed discussions included in the title I and title II
wildland fire management accounts. None of these funds may be
diverted to other uses, including but not limited to, roadless
area policy formulation, national monument designation, or
other agency rulemakings not directly related to the purposes
for which these funds are appropriated. The managers encourage
the Secretaries to use all expedited NEPA procedures allowed
under current law or regulation in order to ensure that
projects funded by these appropriations are completed in the
most timely fashion possible. The managers expect that as much
of this work as possible will be completed with the use of
local contractors. The managers also stress that they expect
the normal, every-day programs of these agencies will also be
implemented.
Accountability.--In order to ensure accountability for
the funds appropriated under this title, managers require that
the Secretary of the Interior and Agriculture provide the House
and Senate Committees on Appropriations and the Resources
Committee of the House and the Energy and Natural Resources
Committee in the Senate, within 90 days of enactment, a
financial plan and an action plan as follows:
Financial Plan.--Not more than 90 days from the enactment
of this act, the Secretaries shall deliver a financial plan
showing how they intend to spend all of the funds included
under this title. It is essential that the Congress and the
public be informed and consulted as implementation proceeds.
None of the funds should be retained by either Secretary's
office. The Financial Plan shall include the following
information separately for each Program Component described in
the above table as follows:
Total funds allocated to each Agency within each
Department;
Within each Agency, total funds retained by the
National or Headquarters Office and total funds to be
used to repay accounts used to cover suppression costs
during the 2000 fire season, by account;
Within each Agency, total funds allocated to each
administrative level of each Agency. For the Forest
Service, this will include allocations to each region,
national forest, research station, area, and State. For
the Interior Department, this will include each
Regional and State Office.
Action Plan.--Within ninety days of enactment, the
Secretaries shall deliver an action plan describing in detail
the work proposed to be accomplished with each of the various
funding allocations described in the table. This Action Plan
will include at a minimum the following items:
Preparedness.--Estimates of the number of personnel to be
hired; description of any equipment to be purchased or leased;
description of services to be contracted; descriptions of
research projects funded, by research work unit.
Operations/Fuels Management.--Estimated number of acres
to be treated, by treatment type (prescribed fire alone,
mechanical treatment alone, mechanical plus fire, and other);
and which portions of those treatments are considered to be in
the wildland urban interface.
Operations/Burned Area Rehabilitation.--Estimated number
of acres previously burned to be treated, by type of treatment;
and which portions of those treatments are considered to be in
the wildland urban interface.
State and Volunteer Assistance (FS only).--Estimated
acres to be treated on State and private lands, by State. The
Secretaries should acquire these data from the affected States.
Rural Fire Assistance (DOI only).--Estimated number of
rural fire communities assisted and the distribution of funds
by State.
Forest Health Management (FS only).--Estimated number of
acres which will be treated to manage and control invasive
species and which portions of those treatments are considered
to be in the wildland urban interface.
Economic Action Program (FS only).--A summary of
anticipated projects by State.
In addition, the managers direct the Secretaries to
provide a performance report not more than 90 days following
the end of the fiscal year covered by this appropriation for
all activities covered by this title. The performance report
shall include:
An updated financial report following the same format as
the financial plan described above showing final expenditures
for each item included in the original financial plan, plus any
additional expenditures for items not included in the financial
plan, by the same administrative and program component
categories.
An updated action report following the same format as the
action plan described above showing final accomplishments for
each item included in the original financial plan, with maps
for each national forest and for each State showing where
hazardous fuel treatments were accomplished, plus any
additional accomplishments for items not included in the action
plan, by the same administrative and program component
categories.
TITLE V--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
Department of the Interior
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
The conference agreement provides $17,172,000 for
management of lands and resources, of which $15,687,000 is to
address the consequences of the 1999 fire season on the lands
managed by the Bureau. These funds are provided to restore
damaged biotic resources and infrastructure to prevent a
decline in fish and wildlife habitat. Accordingly, the managers
provide these funds for restoration activities, including but
not limited to, fence replacement, wild horse removal, tree and
shrub seedling purchase and planting, and cheatgrass control.
The managers also recognize the severity of the grasshopper and
Mormon cricket infestation on lands managed by the Bureau and
have provided $1,485,000 to address this problem. The managers
expect coordination with State, local and other Federal
entities in addressing these efforts.
United States Fish and Wildlife Service
resource management
The conference agreement provides $6,500,000 for resource
management, of which $1,500,000 are to be expended for the
preparation and implementation of plans, programs, or
agreements identified by the State of Idaho that will address
habitat for freshwater aquatic species on non-Federal lands in
the State. These funds will supplement funds that have already
been allocated by the State and will only be expended for
landowners that are voluntarily enrolled in such plans,
programs, or agreements. The remaining $5,000,000 is for the
conservation and restoration of Atlantic salmon in the Gulf of
Maine.
The condition of the Atlantic salmon population is at a
critical point, and the decision regarding the listing of the
Atlantic salmon under the Endangered Species Act appears
imminent. Therefore, the funds are needed to assist in the
prevention of the listing of the Atlantic salmon. The funds
will support efforts to acquire lands and conservation
easements to benefit Atlantic salmon, to address adverse
effects on salmon habitat, and to develop and phase in enhanced
aquaculture cages to minimize escape of salmon. The funds
provided for the Atlantic Salmon Commission for salmon
restoration and conservation will support the installation and
upgrading of weirs and fish collection facilities, the conduct
of risk assessments, fish marking, salmon genetics studies and
testing, and the development of enhanced aquaculture cages.
Funds are also provided for the National Academy of Sciences
study on Atlantic salmon. Funds administered by the National
Fish and Wildlife Foundation are subject to cost sharing.
construction
The conference agreement provides $8,500,000 for
construction to repair Service facilities damaged by hurricanes
and winter storms. The managers understand that these funds
will used for repairs to Service property in the States of
Maryland, New Jersey, North Carolina, Pennsylvania, South
Carolina, Virginia, and Washington.
National Park Service
construction
The conference agreement provides $5,300,000 for
construction to repair or replace visitor facilities,
equipment, roads and trails, visitor facilities, and cultural
sites and artifacts at national park units damaged by
hurricanes, tropical storms, ice storms, lightning, and floods.
United States Geological Survey
surveys, investigations, and research
The conference agreement provides $2,700,000 for surveys,
investigations, and research, to repair or replace stream
monitoring equipment and facilities damaged by storms, floods,
and hurricanes. Within this amount, the managers have provided
$900,000 to repair the storm damaged roof at the EROS Data
Center. The managers understand that the remaining funds will
be used for repairs in Alaska, Colorado, Connecticut, Florida,
Georgia, Kansas, Maryland-Delaware-Washington, D.C.,
Massachusetts-Rhode Island, Nevada, New Hampshire-Vermont, New
Jersey, New York, North Carolina, North Dakota, Pennsylvania,
South Carolina, South Dakota, and Virginia.
Bureau of Indian Affairs
operation of indian programs
The conference agreement provides $1,200,000 for the
operation of Indian programs to repair portions of the Yakama
Nation's Signal Peak Road. The Yakama Nation shall provide
$645,750 towards completion of road repairs, of which $100,000
have already been spent by the tribe. These funds are necessary
to repair portions of the road that were significantly damaged
in the past year due to a massive increase in traffic resulting
from efforts to combat a spruce budworm infestation and to
salvage timber in the infested area.
Office of Special Trustee for American Indians
federal trust programs
The conference agreement provides $27,600,000 for Federal
trust programs to address trust fund reform efforts that were
unanticipated prior to the submission of the Administration's
budget request. Of this amount, $2,900,000 is provided to
address breaches of trust, $10,000,000 is to begin the process
of providing an accounting of Individual Indian Money accounts,
$4,000,000 is provided for trial preparation, and $10,700,000
is provided for trust fund reform program shortfalls.
Related Agency
Department of Agriculture
Forest Service
state and private forestry
The conference agreement provides $11,294,000 for State
and private forestry for emergency needs of the Alaska Railroad
caused by avalanches in the Chugach National Forest. The
managers are aware that at least 19 avalanches occurred in the
national forest and other public lands which caused train
derailments resulting in a serious oil spill and the death of
an Alaska Railroad employee. The President declared the area a
disaster on February 17, 2000, pursuant to the Stafford Act,
but no funds are available under that declaration to clean up
the oil spill to prevent contamination of the Susitna River
watershed. Of these funds, $2,000,000 is directed to the Forest
Service, State and private forestry, to establish an avalanche
prevention program in the Chugach National Forest and nearby
public lands.
national forest system
The conference agreement provides $7,249,000 to the
National forest system for damage caused by severe windstorms
in the States of Minnesota and Wisconsin. The fallen timber
caused by these storms in the National forests has caused
serious environmental and other damage which must be addressed
as soon as possible.
TITLE VI--USER FEES UNDER FOREST SYSTEM RECREATION RESIDENCE PROGRAM
The conference agreement includes the ``Cabin User Fee
Fairness Act of 2000''.
TITLE VII--TREATMENT OF CERTAIN FUNDS FOR MINER BENEFITS
Title VII provides for transfers of certain interest
earned by the Abandoned Mine Reclamation Fund to the United
Mine Workers of America Combined Benefit Fund for the purpose
of supplementing the amount of interest transferred under
existing law in such amounts as the trustees of the Combined
Benefit Fund estimate are necessary to pay the amount of any
deficit in net assets in the Combined Fund through August 31,
2001. The managers note that the transfers may take place at
any time between October 1, 2000 and August 31, 2001. The
provision also provides for two other relatively minor
transfers of interest to the Combined Benefit Fund for the
purpose of making certain refunds.
As a general matter, the managers note that it has been
the practice for the amount of the annual interest transfers
under current law to be based on a calculation which multiplies
the number of unassigned beneficiaries by that year's per
beneficiary premium rate established by the Social Security
Administration (SSA) with adjustments made later (normally two
years after the initial transfer) to reflect the Combined
Benefit Fund's actual expenditures for unassigned
beneficiaries. This practice has an adverse effect on the
Combined Benefit Fund's cash flow and is contributing to its
financial difficulties. Further, there is no basis in the Coal
Industry Retiree Health Benefit Act of 1992 for the annual
transfer to be based on the SSA established beneficiary premium
rate. The managers believe that the interest transfer at the
beginning of each fiscal year should be based on the Combined
Benefit Fund trustee's estimate of the year's expenditures for
unassigned beneficiaries which may be adjusted to the actual
amount of those expenditures at a later time if the initial
transfer provides to be either too high or too low. This
approach is completely consistent with the underlying statutory
provision found in section 402(h) of the Surface Mining Control
and Reclamation Act of 1977 which provides that the amount of
interest transferred ``shall not exceed the amount of
expenditures that the trustees of the Combined Fund estimate
will be debited against the unassigned beneficiaries premium
account. * * *'' [emphasis added].
The managers are extremely frustrated that the issue of
the long term solvency of the Combined Benefit Fund has not
been addressed by the Committees of jurisdiction over the past
year as the managers had requested in the fiscal year 2000
conference report (106-479). The managers reiterate that it is
not the responsibility of the Committees on Appropriations to
provide health care benefits to the retired mine workers, their
spouses and dependents through an annual transfer of interest
from the Abandoned Mine Reclamation Fund. The managers are
providing this funding to the Combined Benefit Fund with the
full expectation that this is the final time the Interior will
provide funds to the Combined Benefit Fund. The managers
strongly urge all of the parties associated with the Combined
Benefit Fund, including the so-called ``super reach back''
companies, the ``reach back'' companies, the United Mine
Workers of America and the Bituminous Coal Operators
Association to work together to rectify this situation.
The managers note that the Office of Surface Mining
estimates that over $3 billion worth of priorities one and two
reclamation program needs remain in the inventory of abandoned
mined land problems nationwide. The Abandoned Mine Reclamation
Fund should be conserved, to the extent possible, in order to
fund these necessary projects as well as other authorized uses
of interest earned by this fund.
TITLE VIII--LAND CONSERVATION, PRESERVATION AND INFRASTRUCTURE
IMPROVEMENT
The conference agreement inserts a new title to the bill
creating a six-year Land Conservation, Preservation and
Infrastructure Improvement program within the Federal budget
and provides increased funding for the first year of this
program, fiscal year 2001. This action recognizes land
conservation and related activities as critical National
priorities and provides a mechanism to guarantee significantly
increased funding for critical land acquisition and other land
protection programs. The program is not mandatory and does not
guarantee annual appropriations. The House and Senate
Committees on Appropriations have discretion in the amounts to
be appropriated each year, subject to certain maximum amounts
as described herein. The program is authorized for a period of
six years. Extension beyond six years is a decision that is
left to future Congresses.
The new program created by this title, in addition to
augmenting funding for land conservation and preservation
tools, also recognizes the need to address critical maintenance
problems on our Federal lands and permits the use of a portion
of fiscal year 2001 funding and future years' funding for the
most critical problems in our parks, refuges, forests and other
public lands. Likewise, a portion of funding for payments in
lieu of taxes are permitted and these funds are in addition to
base funding under the Bureau of Land Management in title I.
The managers believe that, when acquiring new lands, the
Federal government has a responsibility to provide funding for
the maintenance of those lands and for payments in lieu of
taxes to the local communities where those lands are located.
The funds for maintenance and payments in lieu of taxes,
provided by the Land Conservation, Preservation and
Infrastructure Improvement program are in addition to baseline
funding for maintenance and payments in lieu of taxes provided
in the operational accounts of the land management agencies
funded in this Act.
Part A: Fiscal year 2001 funding.--The conference
agreement provides for total maximum funding of $1,600,000,000
for the first year of the six-year Land Conservation,
Preservation and Infrastructure Improvement program. It
includes appropriations totaling $1,200,000,000 for fiscal year
2001 for programs in the Departments of the Interior and
Agriculture. The $1,200,000,000 is approximately triple the
historic funding for such activities. This includes
$686,000,000 for activities in this title to augment the
$514,000,000 for such activities provided in other titles of
the Interior bill.
The remaining $400,000,000, which is authorized herein,
is for programs under the jurisdiction of the Commerce-Justice-
State Appropriations Subcommittee, including the Pacific
Coastal Salmon Recovery program, and will be considered in that
bill.
The specific amounts provided for the Departments of the
Interior and Agriculture for these programs in fiscal year 2001
are as follows:
----------------------------------------------------------------------------------------------------------------
Program category This title Other titles Total this bill
----------------------------------------------------------------------------------------------------------------
Federal and State LWCF programs..... $229 million............ $311 million........... $540 million.
State and other conservation $218 million............ $82 million............ $300 million.
programs.
Urban & historic preservation $39 million............. $121 million........... $160 million.
programs.
Additional funding for maintenance.. $150 million............ NA..................... +$150 million.
Additional funding for payments in $50 million............. NA..................... +$50 million.
lieu of taxes.
Coastal programs (NOAA)............. NA...................... NA..................... Commerce/State/Justice
bill.
---------------------------------------------------------------------------
Total......................... $686 million............ $514 million........... $1.2 billion.
----------------------------------------------------------------------------------------------------------------
The distribution of the funds for fiscal year 2001 among
the land management agencies and the U.S. Geological Survey is
specified in the bill. The managers have not, however, mandated
a distribution of individual land acquisition projects or
Forest Service Forest legacy funds. These decisions are left to
the Committees on Appropriations in consultation with the land
management agencies. The final distribution will be based on
programmatic needs and will be determined by the Committees
during fiscal year 2001.
In making funding distributions for maintenance projects,
the managers expect the agencies to address critical
maintenance backlogs. These additional funds are for repair and
rehabilitation of existing facilities or roads and may not be
used for new and expanded facilities or roads.
The managers expect the U.S. Fish and Wildlife Service to
develop a cost-shared, competitively-awarded, project-based
program for the use of State wildlife grant funding and to
present their proposal to the House and Senate Committees on
Appropriations for review and approval prior to the use of any
funds for these grants. The funds should not be distributed on
a formula basis and every effort should be made to leverage
Federal funding to the maximum extent possible. The managers
point to the joint venture program as a good model to pursue.
The managers expect the U.S. Fish and Wildlife Service to
work with the States to develop wildlife conservation plans.
The managers do not object to the use of a portion of the funds
provided for State wildlife grants for such required plans,
subject to cost sharing by the States. Each State plan should
meet requirements that are eastblished by the Service. Each
plan should provide for the conservation of the State's full
array of wildlife and their habitats, with emphasis placed on
those species conservation efforts that are most underfunded
and have the greatest conservation need. The Service shall not
provide a grant to any State unless the State has, or commits
to develop by a mutually agreed date certain, the required
plan.
The specific amounts for programs within each category
for the Departments of the Interior and Agriculture are shown
in the following table:
LAND CONSERVATION, PRESERVATION AND INFRASTRUCTURE PROGRAM
[Dollars in thousands]
------------------------------------------------------------------------
Other Total in
Program categories This title titles this bill
------------------------------------------------------------------------
Dept. of the Interior Land $130,000 $163,940 $293,.940
Acquisition.....................
US Forest Service Land 49,000 106,505 155,505
Acquisition.....................
State Land Acquisition and 50,000 40,500 90,500
Assistance......................
--------------------------------------
Federal and State LWCF..... 229,000 310,945 539,945
======================================
FWS--Cooperative Endangered 78,000 26,925 104,925
Species Fund....................
FWS--State Wildlife Grants....... 50,000 0 50,000
FWS--N. American Wetlands 20,000 20,000 40,000
Conservation....................
USGS--Science Programs........... 20,000 5,000 25,000
FS--Forest Legacy................ 30,000 30,000 60,000
FS--additional planning/inventory/ 20,000 NA 20,000
monitoring......................
--------------------------------------
State and Other 218,000 81,925 299,925
Conservation Programs.....
======================================
NPS--Urban Parks Restoration and 20,000 10,000 30,000
Recovery........................
NPS--Historic Preservation....... 15,000 73,347 88,347
FS--Urban & Community Forestry... 4,000 31,721 35,721
Youth Conservation Corps......... 0 6,000 6,000
--------------------------------------
Urban and Historic 39,000 121,068 160,068
Preservation..............
Additional funding for 150,000 NA 150,000
Maintenance.....................
Additional funding--Payments in 50,000 NA 50,000
Lieu of Taxes...................
Coastal Programs (NOAA programs NA NA (\1\)
to be addressed in Commerce-
State-Justice bill).............
--------------------------------------
Total...................... $686,000 $513,938 $1,199,938
------------------------------------------------------------------------
\1\ C/J/S Bill.
The $78,000,000 provided for the cooperative endangered
species conservation fund includes $28,000,000 for grants to
the States and $50,000,000 for habitat conservation planning
land acquisition.
The $20,000,000 provided in this title for science programs
in the U.S. Geological Survey includes $7,000,000 for national
mapping of which $5,000,000 is for national cooperative
geologic mapping and $2,000,000 is for earth science
information management and delivery, $5,000,000 for water
resources/stream gauges, $3,000,000 for biological research of
which $2,000,000 is to initiate aquatic GAP analysis and
$1,000,000 is to accelerate GAP analysis in the contiguous 48
States, and $5,000,000 for science support/accessible data
transfer.
The additional $20,000,000 for Forest Service planning,
inventory and monitoring should be used to address high
priority needs for these activities within the National Forest
System.
The $15,000,000 provided in this title for historic
preservation includes $12,000,000 for State historic
preservation offices and $3,000,000 for tribal grants.
The additional $150,000,000 provided in this title for
maintenance includes $25,000,000 for the Bureau of Land
Management, $25,000,000 for the U.S. Fish and Wildlife Service,
$50,000,000 for the National Park Service and $50,000,000 for
the Forest Service.
Part B: Land Conservation, Preservation and
Infrastructure Improvement Trust Fund.--Part B of this title
establishes the Land Conservation, Preservation and
Infrastructure Improvement program budget mechanism which
provides a six-year funding priority within the Federal budget
for land conservation activities by setting aside funds each
year over and above the amounts available under Congressional
Budget Resolutions for all other discretionary activities of
the government. The amounts for each year are as follows:
Fiscal year:
2001................................................ $1,600,000,000
2002................................................ 1,760,000,000
2003................................................ 1,920,000,000
2004................................................ 2,080,000,000
2005................................................ 2,240,000,000
2006................................................ 2,400,000,000
These amounts are set aside and automatically available
under the Budget Resolution each year for Land Conservation,
Preservation and Infrastructure Improvement programs but are
subject to annual appropriations. The exact amount and the
distribution among programs will be set in annual appropriation
bills based on need and program performance. The language
provides a ``fencing'' mechanism, however, so that funds are
only available for the specific set of budget activities and
accounts listed in the Land Conservation, Preservation and
Infrastructure Improvement program. The text of the language in
Part B follows the model established in 1995 for the Violent
Crime Trust Fund.
There are six identified program categories for each
year. Each category has an identified ``fenced cap'' for each
fiscal year. The amount of each cap does not assure
appropriations for that amount but does assure that funds from
within one category are not shifted to another category. The
caps by category are shown in the following table:
Program category Fenced cap
Federal and State LWCF.................................. $540,000,000
State and other conservation programs................... 300,000,000
Urban and historic preservation programs................ 160,000,000
Additional funding for maintenance...................... 150,000,000
Additional funding for payments in lieu of taxes........ 50,000,000
Coastal programs (Department of Commerce/NOAA........... 400,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 1,600,000,000
Any funds not appropriated within the caps will be
available in the next fiscal year for appropriation for
activities within the same program category. In addition, each
year, the total amount available for appropriation is increased
by $160,000,000 for the Land Conservation, Preservation and
Infrastructure Improvement Program. That increase is not
subject to the ``fenced caps'', but is available for the
eligible programs herein, in addition to the capped amounts.
The House and Senate Committees on Appropriations have the
discretion to determine the extent to which these funds will be
appropriated. The additional, ``unfenced'' amount available
will be $160,000,000 in fiscal year 2002, $320,000,000 in
fiscal year 2003, $480,000,000 in fiscal year 2004,
$640,000,000 in fiscal year 2005 and $800,000,000 in fiscal
year 2006.
Eligible programs include:
Federal land acquisition
State land and water conservation grants
Urban Park and Recreation Recovery Program
Backlog maintenance (land management agencies)
Payments in Lieu of Taxes
Historic Preservation
Youth Conservation Corps
U.S. Geological Survey's State Planning Partnership programs,
Community/Federal Information Partnership, Urban
Dynamics, and Decision Support for Resource
Management
U.S. Fish and Wildlife Service's North American Wetlands
Conservation Fund, Cooperative Endangered Species
Conservation Fund, and State Wildlife Grants
Forest Service's State and Private Forestry, Forest Legacy
Program, Urban and Community Forestry, Smart Growth
Partnerships and additional funding for planning,
inventory and monitoring
Department of Commerce/NOAA's Pacific Coastal Salmon Recovery,
NOAA Operations, Research, and Facilities, the
Coastal Zone Management Act programs, the National
Marine Sanctuaries, the National Estuarine Research
Reserve Systems, Coral Restoration programs,
Coastal Impact Assistance and the Pacific Coastal
Salmon Recovery Program
TITLE IX
Department of the Treasury
Bureau of the Public Debt
gifts to the united states for reduction of the public debt
The conference agreement provides $5 billion to be used
to reduce the amount of debt held by the public.
CONFERENCE TOTAL--WITH COMPARISONS
The total new budget (obligational) authority for the
fiscal year 2001 recommended by the Committee of Conference,
with comparisons to the fiscal year 2000 amount, the 2001
budget estimates, and the House and Senate bills for 2001
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2000... $14,911,650
Budget estimates of new (obligational) authority, fiscal
year 2001........................................... 16,319,772
House bill, fiscal year 2001............................ 14,959,420
Senate bill, fiscal year 2001........................... 15,772,342
Conference agreement, fiscal year 2001.................. 18,768,117
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2000.............................................. +3,856,467
Budget estimates of new (obligational) authority,
fiscal year 2001.................................. +2,448,345
House bill, fiscal year 2001........................ +3,808,697
Senate bill, fiscal year 2001....................... +2,995,775
Ralph Regula,
Jim Kolbe,
Joe Skeen,
Charles H. Taylor,
George R. Nethercutt, Jr.,
Zach Wamp,
Jack Kingston,
John E. Peterson,
Bill Young,
Norman Dicks,
John P. Murtha,
James P. Moran,
Bud Cramer,
Maurice D. Hinchey,
David R. Obey,
Managers on the Part of the House.
Slade Gorton,
Ted Stevens,
Thad Cochran,
Pete V. Domenici,
Conrad Burns,
Robert F. Bennett,
Judd Gregg,
Ben Nighthorse Campbell,
Robert C. Byrd,
Patrick Leahy,
Fritz Hollings,
Harry Reid,
Byron L. Dorgan,
Herb Kohl,
Dianne Feinstein,
Managers on the Part of the Senate.