767c0127c5051429386d7b0ca47b60296f9450f6b06455880dd7afcdc3fb815a

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 502 of H. Con. Res. 95, the
concurrent resolution on the budget for fiscal year 2004, and must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.

a183807a0b60b0d510e16a310d208bfc5dba98e694582d8ab5e41180e332182d

TITLE I

-DEPARTMENT OF THE INTERIOR

of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this authority
until the Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section 502 of H.
Con. Res. 95, the concurrent resolution on the budget for fiscal year
2004, and must be replenished by a supplemental appropriation which
must be requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.

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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.

e9059b83172d1a9a363d443fa6d7edb56233ca1cf5ecc7396f79827ff1f4df23

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.

6858fae8ed81c5720677bc0d5fa6e1d0144c116f7efbd2d567a08a4148580d40

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).

10e26ac7bd5ceca1787bd42d287a99a85125b05abd3fdaa97d809395875b2417

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.

fed0d3a548c3de4f63348dfe4718816903098660022186a600d643e12360ea01

Department of the Interior for the conduct of offshore preleasing,
leasing and related activities placed under restriction in the
President's moratorium statement of June 12, 1998, in the areas of
northern, central, and southern California; the North Atlantic;
Washington and Oregon; and the eastern Gulf of Mexico south of 26
degrees north latitude and east of 86 degrees west longitude.

25569a7f56b02c605d06d46aa8beb88ed32cd7c339285573984506abc022ff20

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.

fac6caa53ad16e754f57c15b4a2588653d5e10b46858da93227333afacdf27ec

Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.

1fffa1845aa82cd9451ea82dd9cc445a03cb85b23f686c5d3bef53e6d0127bfa

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.

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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.

b3fe56ca9e548d19b7fd5e5fc49cebfa847ccf8c6d0c469f3cbf1f3f2ab60826

of Indian Affairs and Office of Special Trustee for American Indians
and any unobligated balances from prior appropriations Acts made under
the same headings shall be available for expenditure or transfer for
Indian trust management and reform activities, except that total
funding for historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.

8fbe0add5077fdb5c305b161a88649a5da18b9b242d9282b0ec7c2c966b473a2

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.

bb052a1696f87620571bca05d6620add043fd31f480f87ff625862ebd086e198

of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2004. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.

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postsecondary schools for fiscal year 2004 shall be allocated among the
schools proportionate to the unmet need of the schools as determined by
the Postsecondary Funding Formula adopted by the Office of Indian
Education Programs.

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as may be necessary to ensure that the lands comprising the Huron
Cemetery in Kansas City, Kansas (as described in section 123 of Public
Law 106-291) are used only in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only: (1) for
religious and cultural uses that are compatible with the use of the
lands as a cemetery; and (2) as a burial ground.

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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.

e13613333cc28a8d010a4b8b12802651a6dfd5311af4f30d7a90c27094751267

Park Service hereafter may authorize, through cooperative agreement,
the Golden Gate National Parks Association to provide fee-based
education, interpretive and visitor service functions within the Crissy
Field and Fort Point areas of the Presidio.

822ee17cfb8abf72dab2be90a55f5945c9e62758bc9e966ae373ee1b94e1a165

Bureau of Land Management for the sale of seeds or seedlings including
those collected in fiscal year 2003, may be credited to the
appropriation from which funds were expended to acquire or grow the
seeds or seedlings and are available without fiscal year limitation.

06eb50593b025235ccd80166b2aca8e4455c47d5a4eb78011f82b476480c7697

Department of the Interior and Related Agencies Act, 2002, the
Administrator of General Services shall sell all right, title, and
interest of the United States in and to the improvements and equipment
of the White River Oil Shale Mine.

921d293aff3676f4966cee0ffb37b3bc6fc50fc51eb889d01610c64389a65ba0

use of helicopters or motor vehicles on the Sheldon and Hart National
Wildlife Refuges for the purpose of capturing and transporting horses
and burros. The provisions of subsection (a) of the Act of September 8,
1959 (18 U.S.C. 47(a)) shall not be applicable to such use. Such use
shall be in accordance with humane procedures prescribed by the
Secretary.

09acabda57d1992652e0f60d1ef4bd21727e6da0df38bac566cc9da98bab48c0

Land Management, Land Acquisition'' in title I of the Department of the
Interior and Related Agencies Appropriation Act, 2002 (115 Stat. 420),
the Secretary of the Interior shall grant $500,000 to the City of St.
George, Utah, for the purchase of the land as provided in the Virgin
River Dinosaur Footprint Preserve Act (116 Stat. 2896), with any
surplus funds available after the purchase to be available for the
purpose of the preservation of the land and the paleontological
resources on the land.

7acdc8ee25082c2ca5f6c2edbdcc0d03dd916020b8989967bc7d7ddfcf7c4367

by the National Park Service for Shenandoah Valley Battlefields
National Historic District, New Jersey Pinelands Preserve, and Ice Age
National Scenic Trail may be used for a grant to a State, a local
government, or any other governmental land management entity for the
acquisition of lands without regard to any restriction on the use of
Federal land acquisition funds provided through the Land and Water
Conservation Fund Act of 1965 as amended.

e7c70e9d88b3e9b3fc6b3a33612ecd7d318944b56d56b32916abde66929ce3cc

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.

82dbb5803147632fc05847ce7b36b0812ebbe5dee02868d52068051a57afb2a3

(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when such
pedestrian use is consistent with generally accepted safety standards.

2a4fffd52dc41f173a2aad8ee9f29d668c4836dd7d57303f533e9d9c603a212b

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.

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compensate the Special Master and the Special Master-Monitor, and all
variations thereto, appointed by the United States District Court for
the District of Columbia in the Cobell v. Norton litigation at an
annual rate that exceeds 200 percent of the highest Senior Executive
Service rate of pay for the Washington-Baltimore locality pay area.

676a153155512fba8ffc78f40dc7f8330809935d3323f5d536569dbe8526456e

to pay private attorneys fees and costs for employees and former
employees of the Department of the Interior reasonably incurred in
connection with Cobell v. Norton to the extent that such fees and costs
are not paid by the Department of Justice or by private insurance. In
no case shall the Secretary make payments under this section that would
result in payment of hourly fees in excess of the highest hourly rate
approved by the District Court for the District of Columbia for counsel
in Cobell v. Norton.

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carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from Federally operated
or Federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.

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Management, Salaries and Expenses'', may be transferred to ``United
States Fish and Wildlife Service, Resource Management'' for operational
needs at the Midway Atoll National Wildlife Refuge airport.

1d3ce83a548fbc74f8bfd2c9907a3ccdacb9dec700710e6b04eeefc6dd8908f2

of the Interior and Related Agencies Appropriations Act, 2002 (115
Stat. 443) affects the decision of the United States Court of Appeals
for the 10th Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250
(2001).
(b) Use of Certain Indian Land.--Nothing in this section permits
the conduct of gaming under the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.) on land described in section 123 of the Department of the
Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 944),
or land that is contiguous to that land, regardless of whether the land
or contiguous land has been taken into trust by the Secretary of the
Interior.

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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.

76b1cdf8144c4b8ffc4110bc93c05193b6c8a15293821f0c0e98e27c9411b9dd

section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)),
the total amount of all fees imposed by the National Indian Gaming
Commission for fiscal year 2005 shall not exceed $12,000,000.

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Public Law 105-363 shall be deemed to have been satisfied and within
thirty days of enactment of this Act, the Secretary of the Interior
shall transfer to the State of Utah all right, title, and interest of
the United States in and to the Wilcox Ranch lands acquired under
section 2(b) of Public Law 105-363, for management by the Utah Division
of Wildlife Resources for wildlife habitat and public access to the
Ranch as well as to adjacent lands managed by the Bureau of Land
Management.

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Monument shall be designated the Congaree National Park.

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amended as follows:
(1) Paragraph 122(a)(4) is amended to read--
``(4) Tribally controlled school.--The term `tribally
controlled school' means a school that currently receives a grant
under the Tribally Controlled Schools Act of 1988, as amended (25
U.S.C. 2501 et seq.) or is determined by the Secretary to meet the
eligibility criteria of section 5205 of the Tribally Controlled
Schools Act of 1988, as amended (25 U.S.C. 2504).''.
(2) Paragraph 122(b)(1) is amended by striking the second
sentence and inserting: ``The Secretary shall ensure that
applications for funding to replace schools currently receiving
funding for facility operation and maintenance from the Bureau of
Indian Affairs receive the highest priority for grants under this
section. Among such applications, the Secretary shall give priority
to applications of Indian tribes that agree to fund all future
facility operation and maintenance costs of the tribally controlled
school funded under the demonstration program from other than
Federal funds.''.
(3) Subsection (c) is amended by inserting after ``Effect of
Grant.--'' the following: ``(1) Except as provided in paragraph (2)
of this subsection,'' and is further amended by adding the
following new paragraph:
``(2) A tribe receiving a grant for construction of a tribally
controlled school under this section shall not be eligible to
receive funding from the Bureau of Indian Affairs for that school
for education operations or facility operation and maintenance if
the school that was not at the time of the grant: (i) a school
receiving funding for education operations or facility operation
and maintenance under the Tribally Controlled Schools Act or the
Indian Self-Determination and Education Assistance Act or (ii) a
school operated by the Bureau of Indian Affairs.''.
(b) Notwithstanding the provisions of paragraph (b)(1) of section
122 of division F of Public Law 108-7, as amended by this Act, the
Saginaw-Chippewa tribal school and the Redwater Elementary School shall
receive priority for funding available in fiscal year 2004. The
Saginaw-Chippewa tribal school shall receive $3,000,000 from prior year
funds, and the Redwater Elementary School shall receive $6,000,000
available in fiscal year 2004.

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October 1, 2003, to prepare and submit to the Congress, in a manner
otherwise consistent with the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), plans for the use and
distribution of the Mescalero Apache Tribe's Judgment Funds from Docket
92-403L, the Pueblo of Isleta's Judgment Funds from Docket 98-166L, and
the Assiniboine and Sioux Tribes of the Fort Peck Reservation's
Judgment Funds in Docket No. 773-87-L of the United States Court of
Federal Claims; each plan shall become effective upon the expiration of
a 60-day period beginning on the day each plan is submitted to the
Congress.

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``Eastern Band of Cherokee Indians Land Exchange Act of 2003''.
(b) Findings and Purposes.--
(1) Findings.--Congress finds the following:
(A) Since time immemorial, the ancestors of the Eastern
Band of Cherokee Indians have lived in the Great Smoky
Mountains of North Carolina. The Eastern Band's ancestral
homeland includes substantial parts of seven eastern States and
the land that now constitutes the Great Smoky Mountains
National Park.
(B) The Eastern Band has proposed a land exchange with the
National Park Service and has spent over $1,500,000 for studies
to thoroughly inventory the environmental and cultural
resources of the proposed land exchange parcels.
(C) Such land exchange would benefit the American public by
enabling the National Park Service to acquire the Yellow Face
tract, comprising 218 acres of land adjacent to the Blue Ridge
Parkway.
(D) Acquisition of the Yellow Face tract for protection by
the National Park Service would serve the public interest by
preserving important views for Blue Ridge Parkway visitors,
preserving habitat for endangered species and threatened
species including the northern flying squirrel and the rock
gnome lichen, preserving valuable high altitude wetland seeps,
and preserving the property from rapidly advancing residential
development.
(E) The proposed land exchange would also benefit the
Eastern Band by allowing it to acquire the Ravensford tract,
comprising 143 acres adjacent to the Tribe's trust territory in
Cherokee, North Carolina, and currently within the Great Smoky
Mountains National Park and Blue Ridge Parkway. The Ravensford
tract is part of the Tribe's ancestral homeland as evidenced by
archaeological finds dating back no less than 6,000 years.
(F) The Eastern Band has a critical need to replace the
current Cherokee Elementary School, which was built by the
Department of the Interior over 40 years ago with a capacity of
480 students. The school now hosts 794 students in dilapidated
buildings and mobile classrooms at a dangerous highway
intersection in downtown Cherokee, North Carolina.
(G) The Eastern Band ultimately intends to build a new
three-school campus to serve as an environmental, cultural, and
educational ``village,'' where Cherokee language and culture
can be taught alongside the standard curriculum.
(H) The land exchange and construction of this educational
village will benefit the American public by preserving Cherokee
traditions and fostering a vibrant, modern, and well-educated
Indian nation.
(I) The land exchange will also reunify tribal reservation
lands now separated between the Big Cove Community and the
balance of the Qualla Boundary, reestablishing the territorial
integrity of the Eastern Band.
(J) The Ravensford tract contains no threatened species or
endangered species listed pursuant to the Endangered Species
Act of 1973. The 218-acre Yellow Face tract has a number of
listed threatened species and endangered species and a higher
appraised value than the 143-acre Ravensford tract.
(K) The American public will benefit from the Eastern
Band's commitment to mitigate any impacts on natural and
cultural resources on the Ravensford tract, by among other
things reducing the requested acreage from 168 to 143 acres.
(L) The Congress and the Department of the Interior have
approved land exchanges in the past when the benefits to the
public and requesting party are clear, as they are in this
case.
(2) Purposes.--The purposes of this section are the following:
(A) To acquire the Yellow Face tract for protection by the
National Park Service, in order to preserve the Waterrock Knob
area's spectacular views, endangered species and high altitude
wetland seeps from encroachment by housing development, for the
benefit and enjoyment of the American public.
(B) To transfer the Ravensford tract, to be held in trust
by the United States for the benefit of the Eastern Band of
Cherokee Indians, in order to provide for an education facility
that promotes the cultural integrity of the Eastern Band and to
reunify two Cherokee communities that were historically
contiguous, while mitigating any impacts on natural and
cultural resources on the tract.
(C) To promote cooperative activities and partnerships
between the Eastern band and the National Park Service within
the Eastern Band's ancestral homelands.
(c) Land Exchange.--
(1) In general.--The Secretary of the Interior (``Secretary'')
shall exchange the Ravensford tract, currently in the Great Smoky
Mountains National Park and the Blue Ridge Parkway, for the Yellow
Face tract adjacent to the Waterrock Knob Visitor Center on the
Blue Ridge Parkway.
(2) Treatment of exchanged lands.--Effective upon receipt by
the Secretary of a deed or deeds satisfactory to the Secretary for
the lands comprising the Yellow Face tract (as described in
subsection (3)) to the United States, all right, title, and
interest of the United States in and to the Ravensford tract (as
described in subsection (4)), including all improvements and
appurtenances, are declared to be held in trust by the United
States for the benefit of the Eastern Band of Cherokee Indians as
part of the Cherokee Indian Reservation.
(3) Yellow face tract.--The Yellow Face tract shall contain
Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face Section,
Qualla Township, Jackson County, North Carolina, which consist
altogether of approximately 218 acres and are depicted as the
``Yellow Face Tract'' on the map entitled ``Land Exchange Between
the National Park Service and the Eastern Band of Cherokee
Indians,'' numbered 133/80020A, and dated November 2002. The map
shall be on file and available for public inspection in the
appropriate offices of the National Park Service and the Bureau of
Indian Affairs. Upon completion of the land exchange, the Secretary
shall adjust the boundary of the Blue Ridge Parkway to include such
lands and shall manage the lands as part of the parkway.
(4) Ravensford tract.--The lands declared by subsection (2) to
be held in trust for the Eastern Band of Cherokee Indians shall
consist of approximately 143 acres depicted as the ``Ravensford
Tract'' on the map identified in subsection (3). Upon completion of
the land exchange, the Secretary shall adjust the boundaries of
Great Smoky Mountains National Park and the Blue Ridge Parkway to
exclude such lands.
(5) Legal descriptions.--Not later than 1 year after the date
of enactment of this section, the Secretary of the Interior shall
file a legal description of the areas described in subsections (3)
and (4) with the Committee on Resources of the House of
Representatives and the Committee on Indian Affairs and the
Committee on Energy and Natural Resources of the Senate. Such legal
descriptions shall have the same force and effect as if the
information contained in the description were included in those
subsections except that the Secretary may correct clerical and
typographical errors in such legal descriptions. The legal
descriptions shall be on file and available for public inspection
in the offices of the National Park Service and the Bureau of
Indian Affairs.
(d) Implementation Process.--
(1) Government-to-government agreements.--In order to fulfill
the purposes of this section and to establish cooperative
partnerships for purposes of this section the Director of the
National Park Service and the Eastern Band of Cherokee Indians
shall enter into government-to-government consultations and shall
develop protocols to review planned construction on the Ravensford
tract. The Director of the National Park Service is authorized to
enter into cooperative agreements with the Eastern Band for the
purpose of providing training, management, protection,
preservation, and interpretation of the natural and cultural
resources on the Ravensford tract.
(2) Construction standards.--Recognizing the mutual interests
and responsibilities of the Eastern Band of Cherokee Indians and
the National Park Service for the conservation and protection of
the resources on the Ravensford tract, the National Park Service
and the Eastern Band shall develop mutually agreed upon standards
for size, impact, and design of construction consistent with the
purposes of this section on the Ravensford tract. The standards
shall be consistent with the Eastern Band's need to develop
educational facilities and support infrastructure adequate for
current and future generations and shall otherwise minimize or
mitigate any adverse impacts on natural or cultural resources. The
standards shall be based on recognized best practices for
environmental sustainability and shall be reviewed periodically and
revised as necessary. Development of the tract shall be limited to
a road and utility corridor, an educational campus, and the
infrastructure necessary to support such development. No new
structures shall be constructed on the part of the Ravensford tract
depicted as the ``No New Construction'' area on the map referred to
in subsection (c)(3), which is generally the area north of the
point where Big Cove Road crosses the Raven Fork River. All
development on the Ravensford tract shall be conducted in a manner
consistent with this section and such development standards.
(e) Gaming Prohibition.--Gaming as defined and regulated by the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall be
prohibited on the Ravensford tract.

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the Interior's trust reorganization plan within fiscal years 2003 or
2004, funds appropriated for fiscal year 2004 shall be available to the
tribes within the California Tribal Trust Reform Consortium and to the
Salt River Pima Maricopa Indian Community, the Confederated Salish-
Kootenai Tribes of the Flathead Reservation and the Chippewa Cree Tribe
of the Rocky Boys Reservation on the same basis as funds were
distributed in fiscal year 2003. This Demonstration Project shall
operate separate and apart from the Department of the Interior's trust
reform reorganization, and the Department shall not impose its trust
management infrastructure upon or alter the existing trust resource
management systems of the above referenced tribes having a self-
governance compact and operating in accordance with the Tribal Self-
Governance Program set forth in 25 U.S.C. Sections 458aa-458hh:
Provided, That the California Trust Reform Consortium and any other
participating tribe agree to carry out their responsibilites under the
same fiduciary standards as those to which the Secretary of the
Interior is held: Provided further, That they demonstrate to the
satisfaction of the Secretary that they have the capability to do so.

556b52aff950e5a14cdab06ec3d88cd8824877e090e574925cf13c129af85653

Ridge National Heritage Area Act of 2003''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that:
(A) The Blue Ridge Mountains and the extensive cultural and
natural resources of the Blue Ridge Mountains have played a
significant role in the history of the United States and the
State of North Carolina.
(B) Archaeological evidence indicates that the Blue Ridge
Mountains have been inhabited by humans since the last retreat
of the glaciers, with the Native Americans living in the area
at the time of European discovery being primarily of Cherokee
descent.
(C) The Blue Ridge Mountains of western North Carolina,
including the Great Smoky Mountains, played a unique and
significant role in the establishment and development of the
culture of the United States through several distinct legacies,
including--
(i) the craft heritage that--
(I) was first influenced by the Cherokee Indians;
(II) was the origin of the traditional craft
movement starting in 1900 and the contemporary craft
movement starting in the 1940's; and
(III) is carried out by over 4,000 craftspeople in
the Blue Ridge Mountains of western North Carolina, the
third largest concentration of such people in the
United States;
(ii) a musical heritage comprised of distinctive
instrumental and vocal traditions that--
(I) includes stringband music, bluegrass, ballad
singing, blues, and sacred music;
(II) has received national recognition; and
(III) has made the region one of the richest
repositories of traditional music and folklife in the
United States;
(iii) the Cherokee heritage--
(I) dating back thousands of years; and
(II) offering--
(aa) nationally significant cultural traditions
practiced by the Eastern Band of Cherokee Indians;
(bb) authentic tradition bearers;
(cc) historic sites; and
(dd) historically important collections of
Cherokee artifacts; and
(iv) the agricultural heritage established by the
Cherokee Indians, including medicinal and ceremonial food
crops, combined with the historic European patterns of
raising livestock, culminating in the largest number of
specialty crop farms in North Carolina.
(D) The artifacts and structures associated with those
legacies are unusually well-preserved.
(E) The Blue Ridge Mountains are recognized as having one
of the richest collections of historical resources in North
America.
(F) The history and cultural heritage of the Blue Ridge
Mountains are shared with the States of Virginia, Tennessee,
and Georgia.
(G) there are significant cultural, economic, and
educational benefits in celebrating and promoting this mutual
heritage.
(H) according to the 2002 reports entitled ``The Blue Ridge
Heritage and Cultural Partnership'' and ``Western North
Carolina National Heritage Area Feasibility Study and Plan'',
the Blue Ridge Mountains contain numerous resources that are of
outstanding importance to the history of the United States.
(I) it is in the interest of the United States to preserve
and interpret the cultural and historical resources of the Blue
Ridge Mountains for the education and benefit of present and
future generations.
(2) Purpose.--The purpose of this section is to foster a close
working relationship with, and to assist, all levels of government,
the private sector, and local communities in the State in managing,
preserving, protecting, and interpreting the cultural, historical,
and natural resources of the Heritage Area while continuing to
develop economic opportunities.
(c) Definitions.--
(1) In this section:
(A) Heritage area.--The term ``Heritage Area'' means the
Blue Ridge National Heritage Area established by subsection
(d).
(B) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
subsection (d)(3).
(C) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area approved under
subsection (e).
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(E) State.--The term ``State'' means the State of North
Carolina.
(d) Blue Ridge National Heritage Area.--
(1) Establishment.--There is established the Blue Ridge
National Heritage Area in the State.
(2) Boundaries.--The Heritage Area shall consist of the
counties of Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell,
Cherokee, Clay, Graham, Haywood, Henderson, Jackson, McDowell,
Macon, Madison, Mitchell, Polk, Rutherford, Surry, Swain,
Transylvania, Watauga, Wilkes, Yadkin, and Yancey in the State.
(3) Management entity.--
(A) In general.--As a condition of the receipt of funds
made available under subsection (i), the Blue Ridge National
Heritage Area Partnership shall be the management entity for
the Heritage Area.
(B) Board of directors.--
(i) Composition.--The management entity shall be
governed by a board of directors composed of nine members,
of whom--
(I) two members shall be appointed by
AdvantageWest;
(II) two members shall be appointed by HandMade In
America, Inc.;
(III) one member shall be appointed by the
Education Research Consortium of Western North
Carolina;
(IV) one member shall be appointed by the Eastern
Band of the Cherokee Indians; and
(V) three members shall be appointed by the
Governor of North Carolina and shall--
(aa) reside in geographically diverse regions
of the Heritage Area;
(bb) be a representative of State or local
governments or the private sector; and
(cc) have knowledge of tourism, economic and
community development, regional planning, historic
preservation, cultural or natural resources
development, regional planning, conservation,
recreational services, education, or museum
services.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this section, the management entity shall submit to
the Secretary for approval a management plan for the Heritage Area.
(2) Consideration of other plans and actions.--In developing
the management plan, the management entity shall--
(A) for the purpose of presenting a unified preservation
and interpretation plan, take into consideration Federal,
State, and local plans; and
(B) provide for the participation of residents, public
agencies, and private organizations in the Heritage Area.
(3) Contents.--The management plan shall--
(A) present comprehensive recommendations and strategies
for the conservation, funding, management, and development of
the Heritage Area;
(B) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(C) include--
(i) an inventory of the cultural, historical, natural,
and recreational resources of the Heritage Area, including
a list of property that--
(I) relates to the purposes of the Heritage Area;
and
(II) should be conserved, restored, managed,
developed, or maintained because of the significance of
the property;
(ii) a program of strategies and actions for the
implementation of the management plan that identifies the
roles of agencies and organizations that are involved in
the implementation of the management plan;
(iii) an interpretive and educational plan for the
Heritage Area;
(iv) a recommendation of policies for resource
management and protection that develop intergovernmental
cooperative agreements to manage and protect the cultural,
historical, natural, and recreational resources of the
Heritage Area; and
(v) an analysis of ways in which Federal, State, and
local programs may best be coordinated to promote the
purposes of this section.
(4) Effect of failure to submit.--If a management plan is not
submitted to the Secretary by the date described in paragraph (1),
the Secretary shall not provide any additional funding under this
section until a management plan is submitted to the Secretary.
(5) Approval or disapproval of management plan.--
(A) In general.--Not later than 90 days after receiving the
management plan submitted under paragraph (1), the Secretary
shall approve or disapprove the management plan.
(B) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether the
management plan--
(i) has strong local support from landowners, business
interests, nonprofit organizations, and governments in the
Heritage Area; and
(ii) has a high potential for effective partnership
mechanisms.
(C) Action following disapproval.--If the Secretary
disapproves a management plan under subparagraph (A), the
Secretary shall--
(i) advise the management entity in writing of the
reasons for the disapproval;
(ii) make recommendations for revisions to the
management plan; and
(iii) allow the management entity to submit to the
Secretary revisions to the management plan.
(D) Deadline for approval of revision.--Not later than 60
days after the date on which a revision is submitted under
subparagraph (C)(iii), the Secretary shall approve or
disapprove the proposed revision.
(6) Amendment of approved management plan.--
(A) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(i) review the management plan; and
(ii) submit to the Secretary, for review and approval,
the recommendation of the management entity for any
amendments to the management plan.
(B) Use of funds.--No funds made available under subsection
(i) shall be used to implement any amendment proposed by the
management entity under subparagraph (A) until the Secretary
approves the amendment.
(f) Authorities and Duties of the Management Entity.--
(1) Authorities.--For the purposes of developing and
implementing the management plan, the management entity may use
funds made available under subsection (i) to--
(A) make grants to, and enter into cooperative agreements
with, the State (including a political subdivision), nonprofit
organizations, or persons;
(B) hire and compensate staff; and
(C) enter into contracts for goods and services.
(2) Duties.--In addition to developing the management plan, the
management entity shall--
(A) develop and implement the management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups in
the Heritage Area;
(B) conduct public meetings in the Heritage Area at least
semiannually on the development and implementation of the
management plan;
(C) give priority to the implementation of actions, goals,
and strategies in the management plan, including providing
assistance to units of government, nonprofit organizations, and
persons in--
(i) carrying out the programs that protect resources in
the Heritage Area;
(ii) encouraging economic viability in the Heritage
Area in accordance with the goals of the management plan;
(iii) establishing and maintaining interpretive
exhibits in the Heritage Area;
(iv) developing recreational and educational
opportunities in the Heritage Area; and
(v) increasing public awareness of and appreciation for
the cultural, historical, and natural resources of the
Heritage Area; and
(D) for any fiscal year for which Federal funds are
received under subsection (i)--
(i) submit to the Secretary a report that describes,
for the fiscal year--
(I) the accomplishments of the management entity;
(II) the expenses and income of the management
entity; and
(III) each entity to which a grant was made;
(ii) make available for audit by Congress, the
Secretary, and appropriate units of government, all records
relating to the expenditure of funds and any matching
funds; and
(iii) require, for all agreements authorizing
expenditure of Federal funds by any entity, that the
receiving entity make available for audit all records
relating to the expenditure of funds.
(3) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds received under
subsection (i) to acquire real property or an interest in real
property.
(g) Technical and Financial Assistance.--
(1) In general.--The Secretary may provide to the management
entity technical assistance and, subject to the availability of
appropriations, financial assistance, for use in developing and
implementing the management plan.
(2) Priority for assistance.--In providing assistance under
subsection (a), the Secretary shall give priority to actions that
facilitate--
(A) the preservation of the significant cultural,
historical, natural, and recreational resources of the Heritage
Area; and
(B) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources of the Heritage Area.
(h) Land Use Regulation.--
(1) In general.--Nothing in this section--
(A) grants any power of zoning or land use to the
management entity; or
(B) modifies, enlarges, or diminishes any authority of the
Federal Government or any State or local government to regulate
any use of land under any law (including regulations).
(2) Private property.--Nothing in this section--
(A) abridges the rights of any person with respect to
private property;
(B) affects the authority of the State or local government
with respect to private property; or
(C) imposes any additional burden on any property owner.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000, of which not more than
$1,000,000 shall be made available for any fiscal year.
(2) Non-federal share.--The non-Federal share of the cost of
any activities carried out using Federal funds made available under
subsection (a) shall be not less than 50 percent.
(j) Termination of Authority.--The authority of the Secretary to
provide assistance under this section terminates on the date that is 15
years after the date of enactment of this section.

2e3930d83f8a10c45be87a9158d87b8cc183df166ad0a2e6875b0f97e539b43e

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

ed1443a913472aff8458a649f3aa34b00be95af0309a62ef94620889cf64fc73

Field Office, Bureau of Land Management within the past seven years
shall be renewed under section 402 of the Federal Land Policy and
Management Act of 1976, as amended (43 U.S.C. 1752) and under section 3
of the Taylor Grazing Act of 1934, as amended (43 U.S.C. 315b). The
terms and conditions contained in the most recently expired
nonrenewable grazing permit shall continue in effect under the renewed
permit. Upon completion of any required analysis or documentation, the
permit may be canceled, suspended or modified, in whole or in part, to
meet the requirements of applicable laws and regulations. Nothing in
this section shall be deemed to extend the nonrenewable permits beyond
the standard 1-year term.

c8af7b45bf0ba1906a3a8c18ab37bf39b865a76d1ba18ec8e391ec77f6296820

Law 106-246 (114 Stat. 549) is amended by inserting before the period
at the end the following: ``, unless the amount of the interim
compensation exceeds the amount of the final compensation''.

abd20b57c0cfbcc61c0af7ca259e873080bc7987245df3f7566630a0a4166066

Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3), the following claims
shall be given notice of defect and the opportunity to cure:
AKFF054162-AKFF054163, AKFF054165-AKFF054166, and AKFF054170-
AKFF054171.

22f4af050c190ac20d820385d55ce507216455634e48b40da90e95105f28b3fb

available by this or any other Act, hereafter enacted, may be used to
permit the use of the National Mall for a special event, unless the
permit expressly prohibits the erection, placement, or use of
structures and signs bearing commercial advertising. The Secretary may
allow for recognition of sponsors of special events: Provided, That the
size and form of the recognition shall be consistent with the special
nature and sanctity of the Mall and any lettering or design identifying
the sponsor shall be no larger than one-third the size of the lettering
or design identifying the special event. In approving special events,
the Secretary shall ensure, to the maximum extent practicable, that
public use of, and access to the Mall is not restricted. For purposes
of this section, the term ``special event'' shall have the meaning
given to it by section 7.96(g)(1)(ii) of title 36, Code of Federal
Regulations.

e081b51da0afb61f635fd0946c8d7b92c9ddf1d5352b0242bf1a8c6ea2787793

Interior in this Act, $5,000,000 is provided for a grant to Kendall
County, Illinois.

02f29ead4b41c78abba9ce5166e1fe8a2de14947b56166e807cb7dd5e8bf07e5

705(b) of the Clark County Conservation of Public Land and Natural
Resources Act of 2002 (116 Stat. 2015) is amended by inserting after
``map'' the following: ``and the approximately 10 acres of land in
Clark County, Nevada, described as the NW\1/4\ SE\1/4\ SW\1/4\ of
section 28, T. 20 S., R. 60 E., Mount Diablo Base and Meridian''.

2284318eef97b28c34bbddf3c89a84bb6e651dbcce1ac9abaeeb12286b26a0a6

first section of Public Law 94-545 (90 Stat. 2517; 102 Stat. 2607) is
amended--
(1) in subsection (b), by striking the last sentence; and
(2) by adding at the end the following:
``(c) Acquisition of Additional Land.--
``(1) In general.--The Secretary may acquire by donation, by
purchase from a willing seller with donated or appropriated funds,
by transfer, or by exchange, land or an interest in land described
in paragraph (2) for inclusion in the monument.
``(2) Description of land.--The land referred to in paragraph
(1) is the approximately 4,576 acres of land adjacent to the
Monument, as depicted on the map entitled ``Congaree National Park
Boundary Map'', numbered 178/80015, and dated August 2003.
``(3) Availability of map.--The map referred to in paragraph
(2) shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
``(4) Boundary revision.--On acquisition of the land or an
interest in land under paragraph (1), the Secretary shall revise
the boundary of the monument to reflect the acquisition.
``(5) Administration.--Any land acquired by the Secretary under
paragraph (1) shall be administered by the Secretary as part of the
monument.
``(6) Effect.--Nothing in this section--
``(A) affects the use of private land adjacent to the
monument;
``(B) preempts the authority of the State with respect to
the regulation of hunting, fishing, boating, and wildlife
management on private land or water outside the boundaries of
the monument; or
``(C) negatively affects the economic development of the
areas surrounding the monument.
``(d) Acreage Limitation.--The total acreage of the monument shall
not exceed 26,776 acres.''.

da883e9cd841dec1d2149b5c0040bb40a8ec39bd16df0165e0c8bd63b54cdc74

(c)(5)(D) by striking ``the date of the enactment of the Marine Mammal
Protection Act Amendments of 1994'' and inserting ``February 18,
1997''.

a473ea741012e91ea7254389d37fabff498caec8a78d4e2ca76b3dcef5b649a2

d0b0b12cb2ed2ae51c4045238f8df18087433014df47f1d4845d6cf3212c6cce

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.

54bb20f7c779c6a63f826c7eb96d1c857c57b618f3b7db77c9de1abdb665cda0

TITLE III

-GENERAL PROVISIONS

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.

34c2c2b378c195e6236724023130e7321efcfc98710072aa6818da4d02b92a4c

remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

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.

025c162a383a5c8821780d10911e65a763189ad300110a1474cdf0407a837472

activity, subactivity, or project funded by this Act unless notice of
such assessments and the basis therefor are presented to the Committees
on Appropriations and are approved by such committees.

edb3167a69e88c0bc0117a9da305bac6ccc3c4d30547e64b0c5fe7574cf853f8

prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 2003.

49c23fc41bd7f522afafaa38e1e6c0e2ba11506d8ba9663fe6504d1fafe04aa5

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, 2004, 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.

8239921a36b6210766e9af7cf733a5b464061f9b497a9c03fdfe3226ba020f89

appropriated to or earmarked in committee reports for the Bureau of
Indian Affairs and the Indian Health Service by Public Laws 103-138,
103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 107-63,
and 108-7 for payments to tribes and tribal organizations for contract
support costs associated with self-determination or self-governance
contracts, grants, compacts, or annual funding agreements with the
Bureau of Indian Affairs or the Indian Health Service as funded by such
Acts, are the total amounts available for fiscal years 1994 through
2003 for such purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority
allocations for unmet indirect costs of ongoing contracts, grants,
self-governance compacts or annual funding agreements.

46126f7c2df47522650216d4941a8ba4389eaec0067db92675427ac38f6a48ce

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.

8c40f2226afdb2aaba260354fa3680a6f7fa0cdf5c2ea4ef8b412fa7a0ea1d6e

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.

5608066c4a4e0528a5ec70983262c0b120104032ad3e9119be8bca6a15bb5ecf

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.

6ca968e9e8e2ad700c4a5d8f66a64436190fc494dc802e5885f946e2f900dd9c

be expended or obligated to complete and issue the 5-year program under
the Forest and Rangeland Renewable Resources Planning Act.

1404972902c41f4fafc0bad0ae389167a9d92abe968e29e7133012b5c8bfc9dc

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.

89e906e4116d39838eaa5b25dfc79e41d00698537f254ff9a9cad1b0216960a5

funds in this Act may be used for GSA Telecommunication Centers.

977758d4a47900788b6288c0887b45b6f5b4280320081b385f71f042f691a9e3

year 2004 the Secretaries of Agriculture and the Interior are
authorized to limit competition for watershed restoration project
contracts as part of the ``Jobs in the Woods'' Program established in
Region 10 of the Forest Service to individuals and entities in
historically timber-dependent areas in the States of Washington,
Oregon, northern California, Idaho, Montana, and Alaska that have been
affected by reduced timber harvesting on Federal lands. The Secretaries
shall consider the benefits to the local economy in evaluating bids and
designing procurements which create economic opportunities for local
contractors.

3dea27b273ace806f44f7d56f9ea325dfde1ff0ac09622216c1965e7fd53bf8f

and trails fund provided for in the 14th paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C.
501), shall be used by the Secretary of Agriculture, without regard to
the State in which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or to carry
out and administer projects to improve forest health conditions, which
may include the repair or reconstruction of roads, bridges, and trails
on National Forest System lands in the wildland-community interface
where there is an abnormally high risk of fire. The projects shall
emphasize reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity, and
biological integrity. The projects may be completed in a subsequent
fiscal year. Funds shall not be expended under this section to replace
funds which would otherwise appropriately be expended from the timber
salvage sale fund. Nothing in this section shall be construed to exempt
any project from any environmental law.

292ef42d38dd9b6dd7e0bdb59594151359740431a7fd8c253494af3a073d1139

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.

0db69269d13aa867e0e73c77561ab1efe773c1c539a0116df63c6cee33818d34

indicated rate is deficit when appraised using a residual value
approach that assigns domestic Alaska values for western redcedar.
Program accomplishments shall be based on volume sold. Should Region 10
sell, in fiscal year 2004, the annual average portion of the decadal
allowable sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised using a
residual value approach that assigns domestic Alaska values for western
redcedar, all of the western redcedar timber from those sales which is
surplus to the needs of domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. Should Region 10 sell, in fiscal year 2003,
less than the annual average portion of the decadal allowable sale
quantity called for in the Tongass Land Management Plan in sales which
are not deficit when appraised using a residual value approach that
assigns domestic Alaska values for western redcedar, the volume of
western redcedar timber available to domestic processors at prevailing
domestic prices in the contiguous 48 United States shall be that
volume: (i) which is surplus to the needs of domestic processors in
Alaska; and (ii) is that percent of the surplus western redcedar volume
determined by calculating the ratio of the total timber volume which
has been sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current Tongass Land
Management Plan. The percentage shall be calculated by Region 10 on a
rolling basis as each sale is sold (for purposes of this amendment, a
``rolling basis'' shall mean that the determination of how much western
redcedar is eligible for sale to various markets shall be made at the
time each sale is awarded). Western redcedar shall be deemed ``surplus
to the needs of domestic processors in Alaska'' when the timber sale
holder has presented to the Forest Service documentation of the
inability to sell western redcedar logs from a given sale to domestic
Alaska processors at a price equal to or greater than the log selling
value stated in the contract. All additional western redcedar volume
not sold to Alaska or contiguous 48 United States domestic processors
may be exported to foreign markets at the election of the timber sale
holder. All Alaska yellow cedar may be sold at prevailing export prices
at the election of the timber sale holder.

8fb91fbb91c3190a4bd384103c9d46f0b2f324582f211ac092e5a629efee676c

Recreation Fee Demonstration Program as authorized by section 315 of
the Department of the Interior and Related Agencies Appropriations Act
for Fiscal Year 1996, as amended, shall not result in--
(1) displacement of the holder of an authorization to provide
commercial recreation services on Federal lands. Prior to
initiating any project, the Secretary shall consult with
potentially affected holders to determine what impacts the project
may have on the holders. Any modifications to the authorization
shall be made within the terms and conditions of the authorization
and authorities of the impacted agency; and
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided in
the past by a private sector provider, except when--
(A) the private sector provider fails to bid on such
opportunities;
(B) the private sector provider terminates its relationship
with the agency; or
(C) the agency revokes the permit for non-compliance with
the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee Demonstration
Program to provide for operations until a subsequent operator can be
found through the offering of a new prospectus.

513e520a1db06e9ca478086ee00d12fd8d26c6ceabc6ae953acd331a6632b689

shall not be considered to be in violation of subparagraph 6(f)(5)(A)
of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other
requirement of the Forest and Rangeland Renewable Resources Planning
Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the
Secretary is not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan and a
court of proper jurisdiction may order completion of the plan on an
accelerated basis.

c1214fd9f30344393be3025df2518535b7a262a0e091c38062bdfc743021b8ad

preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.

c8fc7aae74b8b336a8da2b2ad7a81f4b4a995783f63d7b98cbd6eb7b98207063

Section 329 of the Department of the Interior and Related Agencies
Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63) is
amended--
(1) in subsection (b), by striking ``20'' and inserting ``30'';
(2) in subsection (c) by striking ``3'' and inserting ``8'';
and
(3) in subsection (d), by striking ``2006'' and inserting
``2007''.

4bd6aeb74dc32910e709e7ea0b654c8c0f405f450efef0779ed300a015262f6a

Congress to solicit private sector funds on behalf of Federal land
management agencies shall, in fiscal year 2005, qualify for General
Service Administration contract airfares.

88771c47d4fbfdefc27db4c4ee13f58f34c46bf47dadd9c277ae385715074cf9

pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m)
the Secretary of Agriculture and the Secretary of the Interior are
authorized to enter into reciprocal agreements in which the individuals
furnished under said agreements to provide wildfire services are
considered, for purposes of tort liability, employees of the country
receiving said services when the individuals are engaged in fire
suppression: Provided, That the Secretary of Agriculture or the
Secretary of the Interior shall not enter into any agreement under this
provision unless the foreign country (either directly or through its
fire organization) agrees to assume any and all liability for the acts
or omissions of American firefighters engaged in firefighting in a
foreign country: Provided further, That when an agreement is reached
for furnishing fire fighting services, the only remedies for acts or
omissions committed while fighting fires shall be those provided under
the laws of the host country, and those remedies shall be the exclusive
remedies for any claim arising out of fighting fires in a foreign
country: Provided further, That neither the sending country nor any
legal organization associated with the firefighter shall be subject to
any legal action whatsoever pertaining to or arising out of the
firefighter's role in fire suppression.

15e627735db49f92311662c41fbec23dec312baa7dd7b56371c7e55adac75354

Interior or a grazing permit issued by the Secretary of Agriculture
where National Forest System lands are involved that expires, is
transferred, or waived during fiscal years 2004-2008 shall be renewed
under section 402 of the Federal Land Policy and Management Act of
1976, as amended (43 U.S.C. 1752), section 19 of the Granger-Thye Act,
as amended (16 U.S.C. 5801), title III of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010 et seq.), or, if applicable, section 510 of
the California Desert Protection Act (16 U.S.C. 410aaa-50). The terms
and conditions contained in the expired, transferred, or waived permit
or lease shall continue in effect under the renewed permit or lease
until such time as the Secretary of the Interior or Secretary of
Agriculture as appropriate completes processing of such permit or lease
in compliance with all applicable laws and regulations, at which time
such permit or lease may be canceled, suspended or modified, in whole
or in part, to meet the requirements of such applicable laws and
regulations. Nothing in this section shall be deemed to alter the
statutory authority of the Secretary of the Interior or the Secretary
of Agriculture: Provided, That where National Forest System lands are
involved and the Secretary of Agriculture has renewed an expired or
waived grazing permit prior to fiscal year 2004, the terms and
conditions of the renewed grazing permit shall remain in effect until
such time as the Secretary of Agriculture completes processing of the
renewed permit in compliance with all applicable laws and regulations
or until the expiration of the renewed permit, whichever comes first.
Upon completion of the processing, the permit may be canceled,
suspended or modified, in whole or in part, to meet the requirements of
applicable laws and regulations: Provided further, That beginning in
November 2004, and every year thereafter, the Secretaries of the
Interior and Agriculture shall report to Congress the extent to which
they are completing analysis required under applicable laws prior to
the expiration of grazing permits, and beginning in May 2004, and every
two years thereafter, the Secretaries shall provide Congress
recommendations for legislative provisions necessary to ensure all
permit renewals are completed in a timely manner. The legislative
recommendations provided shall be consistent with the funding levels
requested in the Secretaries' budget proposals: Provided further, That
notwithstanding section 504 of the Rescissions Act (109 Stat. 212), the
Secretaries in their sole discretion determine the priority and timing
for completing required environmental analysis of grazing allotments
based on the environmental significance of the allotments and funding
available to the Secretaries for this purpose: Provided further, That
any Federal lands included within the boundary of Lake Roosevelt
National Recreation Area, as designated by the Secretary of the
Interior on April 5, 1990 (Lake Roosevelt Cooperative Management
Agreement), that were utilized as of March 31, 1997, for grazing
purposes pursuant to a permit issued by the National Park Service, the
person or persons so utilizing such lands as of March 31, 1997, shall
be entitled to renew said permit under such terms and conditions as the
Secretary may prescribe, for the lifetime of the permittee or 20 years,
whichever is less.

e77e74351604173eb0c735cc14c1bccb76e20194a543d2d09eeacd55d0b4d51d

to promote the more efficient use of the health care funding allocation
for fiscal year 2004, the Eagle Butte Service Unit of the Indian Health
Service, at the request of the Cheyenne River Sioux Tribe, may pay base
salary rates to health professionals up to the highest grade and step
available to a physician, pharmacist, or other health professional and
may pay a recruitment or retention bonus of up to 25 percent above the
base pay rate.

de43c2019ebb7d5d9345ff513ebc5e768eb199b50377373d9b957e8c28fa642c

transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.

10a6dcd5cd8d653f5a4cc8aa100185b5e8d7ebd1a528f569de6bb444e097a4e9

issue a permit or lease for oil or gas drilling in the Finger Lakes
National Forest, New York, during fiscal year 2004.

46395ceab4ce18f4ee6e9f4ee2ea1f3b3a49a95f51a6e59381f673e1d51858bb

for the planning, design, or construction of improvements to
Pennsylvania Avenue in front of the White House without the advance
approval of the Committees on Appropriations.

29ac105299abad14f4aa5a1603fbf24e21fd80e705fddb96ad51fbc5ab110183

by this Act, the Secretary of Agriculture and the Secretary of the
Interior (the ``Secretaries'') may, in evaluating bids and proposals,
give consideration to local contractors who are from, and who provide
employment and training for, dislocated and displaced workers in an
economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by reduced
timber harvesting on Federal lands and other forest-dependent rural
communities isolated from significant alternative employment
opportunities: Provided, That the Secretaries may award grants or
cooperative agreements to local non-profit entities, Youth Conservation
Corps or related partnerships with State, local or non-profit youth
groups, or small or disadvantaged business: Provided further, That the
contract, grant, or cooperative agreement is for forest hazardous fuels
reduction, watershed or water quality monitoring or restoration,
wildlife or fish population monitoring, or habitat restoration or
management: Provided further, That the terms ``rural community'' and
``economically disadvantaged'' shall have the same meanings as in
section 2374 of Public Law 101-624: Provided further, That the
Secretaries shall develop guidance to implement this section: Provided
further, That nothing in this section shall be construed as relieving
the Secretaries of any duty under applicable procurement laws, except
as provided in this section.

316700dc9be43b96d7816c1734b775f2a400ae23879ebdfbc0e096401fa157a7

lands or interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations:
Provided, That this provision shall not apply to funds appropriated to
implement the Everglades National Park Protection and Expansion Act of
1989, or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.

eed86cd6df2467b26d0a95f7197852d9f7ad8ee4698e665e7955cbf3f2fdfffb

Related Agencies Appropriations Act, 1996 (as contained in section
101(c) of Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a
note), is amended--
(1) by striking ``September 30, 2004'' and inserting ``December
31, 2005''; and
(2) by striking ``2007'' and inserting ``2008''.

4e117a5e262c3a961da4adee2f1740a4aa49981b0902bf018dcbc2a2a6ba074c

1998. (a) Definitions.--For purposes of this section:
(1) ``Gallatin Land Consolidation Act of 1998'' means Public
Law 105-267 (112 Stat. 2371).
(2) ``Option Agreement'' has the same meaning as defined in
section 3(6) of the Gallatin Land Consolidation Act of 1998.
(3) ``Secretary'' means the Secretary of Agriculture.
(4) ``Excess receipts'' means National Forest Fund receipts
from the National Forests in Montana, which are identified and
adjusted by the Forest Service within the fiscal year, and which
are in excess of funds retained for: the Salvage Sale Fund; the
Knutson-Vandenberg Fund; the Purchaser Road/Specified Road Credits;
the Twenty-Five Percent Fund, as amended; the Ten Percent Road and
Trail Fund; the Timber Sale Pipeline Restoration Fund; the Fifty
Percent Grazing Class A Receipts Fund; and the Land and Water
Conservation Fund Recreation User Fees Receipts--Class A Fund.
(5) ``Special Account'' means the special account referenced in
section 4(c)(2) of the Gallatin Land Consolidation Act of 1998.
(6) ``Eastside National Forests'' has the same meaning as in
section 3(4) of the Gallatin Land Consolidation Act of 1998.
(b) Special Account.--
(1) The Secretary is authorized and directed, without further
appropriation or reprogramming of funds, to transfer to the Special
Account these enumerated funds and receipts in the following order:
(A) timber sale receipts from the Gallatin National Forest
and other Eastside National Forests, as such receipts are
referenced in section 4(a)(2)(C) of the Gallatin Land
Consolidation Act of 1998;
(B) any available funds heretofore appropriated for the
acquisition of lands for National Forest purposes in the State
of Montana through fiscal year 2003;
(C) net receipts from the conveyance of lands on the
Gallatin National Forest as authorized by subsection (c); and
(D) excess receipts for fiscal years 2003 through 2008.
(2) All funds in the Special Account shall be available to the
Secretary until expended, without further appropriation, and will
be expended prior to the end of fiscal year 2008 for the following
purposes:
(A) the completion of the land acquisitions authorized by
the Gallatin Land Consolidation Act of 1998 and fulfillment of
the Option Agreement, as may be amended from time to time; and
(B) the acquisition of lands for which acquisition funds
were transferred to the Special Account pursuant to subsection
(b)(1)(B).
(3) The Special Account shall be closed at the end of fiscal
year 2008 and any monies remaining in the Special Account shall be
transferred to the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'', 16 U.S.C. 484a) to remain
available, until expended, for the acquisition of lands for
National Forest purposes in the State of Montana.
(4) Funds deposited in the Special Account or eligible for
deposit shall not be subject to transfer or reprogramming for
wildland fire management or any other emergency purposes.
(c) Land Conveyances Within the Gallatin National Forest.--
(1) Conveyance authority.--The Secretary is authorized, under
such terms and conditions as the Secretary may prescribe and
without requirements for further administrative or environmental
analyses or examination, to sell or exchange any or all rights,
title, and interests of the United States in the following lands
within the Gallatin National Forest in the State of Montana:
(A) SMC East Boulder Mine Portal Tract: Principal Meridian,
T.3S., R.11E., Section 4, lots 3 to 4 inclusive, W\1/2\SE\1/
4\NW\1/4\, containing 76.27 acres more or less.
(B) Forest Service West Yellowstone Administrative Site:
United States Forest Service Administrative Site located within
the NE\1/4\ of Block 17 of the Townsite of West Yellowstone
which is situated in the N\1/2\ of Section 34, T.13S., R.5E.,
Principal Meridian, Gallatin County, Montana, containing 1.04
acres more or less.
(C) Mill Fork Mission Creek Tract: Principal Meridian,
T.13S., R.5E., Section 34, NW\1/4\SW\1/4\, containing 40 acres
more or less.
(D) West Yellowstone Town Expansion Tract #1: Principal
Meridian, T.13S., R.5E., Section 33, E\1/2\E\1/2\NE\1/4\,
containing 40 acres more or less.
(E) West Yellowstone Town Expansion Tract #2: Principal
Meridian, T.13S., R.5E., Section 33, NE\1/4\SE\1/4\, containing
40 acres more or less.
(2) Descriptions.--The Secretary may modify the descriptions in
subsection (c)(1) to correct errors or to reconfigure the
properties in order to facilitate a conveyance.
(3) Consideration.--Consideration for a sale or exchange of
land under this subsection may include cash, land, or a combination
of both.
(4) Valuation.--Any appraisals of land deemed necessary or
desirable by the Secretary to carry out the purposes of this
section shall conform to the Uniform Appraisal Standards for
Federal Land Acquisitions.
(5) Cash equalization.--Notwithstanding any other provision of
law, the Secretary may accept a cash equalization payment in excess
of 25 percent of the value of any land exchanged under this
subsection.
(6) Solicitations of offers.--The Secretary may--
(A) solicit offers for sale or exchange of land under this
subsection on such terms and conditions as the Secretary may
prescribe; or
(B) reject any offer made under this subsection if the
Secretary determines that the offer is not adequate or not in
the public interest.
(7) Methods of sale.--The Secretary may sell land at public or
private sale, including competitive sale by auction, bid, or
otherwise, in accordance with such terms, conditions, and
procedures as the Secretary determines will be in the best
interests of the United States.
(8) Brokers.--The Secretary may utilize brokers or other third
parties in the disposition of the land authorized by this
subsection and, from the proceeds of the sale, may pay reasonable
commissions or fees on the sale or sales.
(9) Receipts from sale or exchange.--The Secretary shall
deposit the net receipts of a sale or exchange under this
subsection in the Special Account.
(d) Miscellaneous Provisions.--
(1) Receipts from any sale or exchange pursuant to subsection
(c) of this section:
(A) Shall not be deemed excess receipts for purposes of
this section.
(B) Shall not be paid or distributed to the State or
counties under any provision of law, or otherwise deemed as
moneys received from the National Forest for purposes of the
Act of May 23, 1908 or the Act of March 1, 1911 (16 U.S.C. 500,
as amended), or the Act of March 4, 1913 (16 U.S.C. 501, as
amended).
(2) As of the date of enactment of this section, any public
land order withdrawing land described in subsection (c)(1) from all
forms of appropriation under the public land laws is revoked with
respect to any portion of the land conveyed by the Secretary under
this section.
(3) Subject to valid existing rights, all lands described in
section (c)(1) are withdrawn from location, entry, and patent under
the mining laws of the United States.
(4) The Agriculture Property Management Regulations shall not
apply to any action taken pursuant to this section.
(e) Option Agreement Amendment.--The Amendment No. 1 to the Option
Agreement is hereby ratified as a matter of Federal law and the parties
to it are authorized to effect the terms and conditions thereof.

f2cdc8caf8ea4806c93bdb517223d2bc4c4c4f80d13b322e6352e719f2f87d96

Lakes Protection Act of 1998 (16 U.S.C. 460lll-61) is amended to read
as follows:
``(c) Use of Funds.--The Secretary of Agriculture may expend
amounts appropriated or otherwise made available to carry out this
title in a manner consistent with the authorities exercised by the
Tennessee Valley Authority before the transfer of the Recreation Area
to the administrative jurisdiction of the Secretary, including
campground management and visitor services, paid advertisement, and
procurement of food and supplies for resale purposes.''.

4cb7786333a1bcb64cbc4b436b67334b17cef6b2a5d5f8abb3ccabb2c6582d80

Agencies Appropriations Act, 2000, as enacted into law by section
1000(a)(3) of Public Law 106-113 (113 Stat. 1501A-204; 16 U.S.C. 528
note), is amended--
(1) in subsection (b)--
(A) in the first sentence, by striking ``not less than the
fair market value'' and inserting ``fees under subsection
(c)''; and
(B) by striking the second sentence and inserting the
following: ``The Secretary shall establish appraisal methods
and bidding procedures to determine the fair market value of
forest botanical products harvested under the pilot program.'';
(2) in subsection (c), by striking paragraph (1) and inserting
the following new paragraph (1):
``(1) Imposition and collection.--Under the pilot program, the
Secretary of Agriculture shall charge and collect from a person who
harvests forest botanical products on National Forest System lands
a fee in an amount established by the Secretary to recover at least
a portion of the fair market value of the harvested forest
botanical products and a portion of the costs incurred by the
Department of Agriculture associated with granting, modifying, or
monitoring the authorization for harvest of the forest botanical
products, including the costs of any environmental or other
analysis.'';
(3) in subsection (d)(1), by striking ``charges and fees under
subsections (b) and'' and inserting ``a fee under subsection'';
(4) in subsection (f)--
(A) in paragraph (1), by striking ``subsections (b) and''
and inserting ``subsection'';
(B) in paragraph (2), by striking ``in excess of the
amounts collected for forest botanical products during fiscal
year 1999'';
(C) in paragraph (3), by striking ``charges and fees
collected at that unit under the pilot program to pay for'' and
all that follows through the period at the end and inserting
``fees collected at that unit under subsection (c) to pay for
the costs of conducting inventories of forest botanical
products, determining sustainable levels of harvest, monitoring
and assessing the impacts of harvest levels and methods,
conducting restoration activities, including any necessary
vegetation, and covering costs of the Department of Agriculture
described in subsection (c)(1).''; and
(D) in paragraph (4), by striking ``subsections (b) and''
and inserting ``subsection'';
(5) in subsection (g)--
(A) by striking ``charges and fees under subsections (b)
and'' and inserting ``fees under subsection''; and
(B) by striking ``subsections (b) and'' the second place it
appears and inserting ``subsection''; and
(6) in subsection (h), by striking paragraph (1) and inserting
the following new paragraph (1):
``(1) Collection of fees.--The Secretary of Agriculture may
collect fees under the authority of subsection (c) until September
30, 2009.''.

026df20e4b012e30f6a83da97cb1d4931505373aee76b8ed91fabc8148ba691c

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

df5e0f8698968aeabb97311084e2070bf56ce9aa971dba2037fe65f0d7852d2c

hereinafter appropriated under Public Law 106-506 shall require
matching funds from non-Federal sources on the basis of aggregate
contribution to the Environmental Improvement Program, as defined in
Public Law 106-506, rather than on a project-by-project basis, except
for those activities provided under section 9(c) of that Act, to which
this amendment shall not apply.

4dfaaa9b38e7d3cfef12b15fb730e57c66f6fe32fff22e66a24ba194ed571714

Decision for any timber sale in Region 10 of the Forest Service that
had a Notice of Intent prepared on or before January 1, 2003 shall--
(1) be filed in the Alaska District of the Federal District
Court within 30 days after exhaustion of the Forest Service
administrative appeals process (36 CFR 215) or within 30 days of
enactment of this Act if the administrative appeals process has
been exhausted prior to enactment of this Act, and the Forest
Service shall strictly comply with the schedule for completion of
administrative action; and
(2) be completed and a decision rendered by the court not later
than 180 days from the date such request for review is filed; if a
decision is not rendered by the court within 180 days as required
by this subsection, the Secretary of Agriculture shall petition the
court to proceed with the action.

7dfdfe036bf3f456cdbfcd9c2cb2739bac3fab57dac0ee40e461d9877811ca72

with the consent of the timber purchaser, a maximum of 70 contracts for
the sale of timber awarded between October 1, 1995 and January 1, 2002
on the Tongass National Forest in Alaska if--
(1) the Secretary determines, in the Secretary's sole
discretion, that the sale would result in a financial loss to the
purchaser and the costs to the government of seeking a legal remedy
against the purchaser would likely exceed the cost of terminating
the contract; and
(2) the timber purchaser agrees to--
(A) terminate its rights under the contract; and
(B) release the United States from all liability, including
further consideration or compensation resulting from such
cancellation.
(b) Effect of Cancellation.--
(1) In general.--The United States shall not surrender any
claim against a timber purchaser that arose under a contract before
cancellation under this section not in connection with the
cancellation.
(2) Limitation.--Cancellation of a contract under this section
shall release the timber purchaser from liability for any damages
resulting from cancellation of such contract.
(c) Timber Available for Resale.--Timber included in a contract
cancelled under this section shall be available for resale by the
Secretary of Agriculture.

ee7f23f96333eb580542355349d4d92af7722e0f382dabbccabe3abe5992daeb

(1) In each budget submitted by the President to Congress under section
1105 of title 31, United States Code, for a fiscal year, beginning with
fiscal year 2005, amounts requested to perform competitive sourcing
studies for programs, projects, and activities listed in paragraph (2)
shall be set forth separately from other amounts requested.
(2) Paragraph (1) applies to programs, projects, and activities--
(A) of the Department of the Interior for which funds are
appropriated by this Act;
(B) of the Forest Service; and
(C) of the Department of Energy for which funds are
appropriated by this Act.
(b) Annual Reporting Requirements on Competitive Sourcing
Activities.--(1) Not later than December 31 of each year, beginning
with December 31, 2003, the Secretary concerned shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report, covering the preceding fiscal year, on the
competitive sourcing studies conducted by the Department of the
Interior, the Forest Service, or the Department of Energy, as
appropriate, and the costs and cost savings to the citizens of the
United States of such studies.
(2) In this subsection, the term ``Secretary concerned'' means--
(A) the Secretary of the Interior, with respect to the
Department of the Interior programs, projects, and activities for
which funds are appropriated by this Act;
(B) the Secretary of Agriculture, with respect to the Forest
Service; and
(C) the Secretary of Energy, with respect to the Department of
Energy programs, projects, and activities for which funds are
appropriated by this Act.
(3) The report under this subsection shall include, for the fiscal
year covered--
(A) the total number of competitions completed;
(B) the total number of competitions announced, together with a
list of the activities covered by such competitions;
(C) the total number of full-time equivalent Federal employees
studied under completed competitions;
(D) the total number of full-time equivalent Federal employees
being studied under competitions announced, but not completed;
(E) the incremental cost directly attributable to conducting
the competitions identified under subparagraphs (A) and (B),
including costs attributable to paying outside consultants and
contractors;
(F) an estimate of the total anticipated savings, or a
quantifiable description of improvements in service or performance,
derived from completed competitions;
(G) actual savings, or a quantifiable description of
improvements in service or performance, derived from the
implementation of competitions;
(H) the total projected number of full-time equivalent Federal
employees covered by competitions scheduled to be announced in the
fiscal year; and
(I) a description of how the competitive sourcing decision
making processes are aligned with strategic workforce plans.
(c) Declaration of Competitive Sourcing Studies.--For fiscal year
2004, each of the Secretaries of executive departments referred to in
subsection (b)(2) shall submit a detailed competitive sourcing proposal
to the Committees on Appropriations of the Senate and the House of
Representatives not later than 60 days after the date of the enactment
of this Act. The proposal shall include, for each competitive sourcing
study proposed to be carried out by or for the Secretary concerned, the
number of positions to be studied, the amount of funds needed for the
study, and the program, project, and activity from which the funds will
be expended.
(d) Limitation on Competitive Sourcing Studies.--(1) Of the funds
made available by this or any other Act to the Department of Energy or
the Department of the Interior for fiscal year 2004, not more than the
maximum amount specified in paragraph (2)(A) may be used by the
Secretary of Energy or the Secretary of the Interior to initiate or
continue competitive sourcing studies in fiscal year 2004 for programs,
projects, and activities for which funds are appropriated by this Act
until such time as the Secretary concerned submits a reprogramming
proposal to the Committees on Appropriations of the Senate and the
House of Representatives, and such proposal has been processed
consistent with the fiscal year 2004 reprogramming guidelines.
(2) For the purposes of paragraph (1)--
(A) the maximum amount--
(i) with respect to the Department of Energy is $500,000;
and
(ii) with respect to the Department of the Interior is
$2,500,000; and
(B) the fiscal year 2004 reprogramming guidelines referred to
in such paragraph are the reprogramming guidelines set forth in the
joint explanatory statement accompanying the Act (H.R. 2691, 108th
Congress, 1st session), making appropriations for the Department of
the Interior and related agencies for the fiscal year ending
September 30, 2004, and for other purposes.
(3) Of the funds appropriated by this Act, not more than $5,000,000
may be used in fiscal year 2004 for competitive sourcing studies and
related activities by the Forest Service.
(e) Limitation on Conversion to Contractor Performance.--(1) None
of the funds made available in this or any other Act may be used to
convert to contractor performance an activity or function of the Forest
Service, an activity or function of the Department of the Interior
performed under programs, projects, and activities for which funds are
appropriated by this Act, or an activity or function of the Department
of Energy performed under programs, projects, and activities for which
funds are appropriated by this Act, if such activity or function is
performed on or after the date of the enactment of this Act by more
than 10 Federal employees unless--
(A) the conversion is based on the result of a public-private
competition that includes a more efficient and cost effective
organization plan developed by such activity or function; and
(B) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance of
the activity or function by a contractor would be less costly to
the Federal Government by an amount that equals or exceeds the
lesser of--
(i) 10 percent of the more efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(ii) $10,000,000.
(2) This subsection shall not apply to a commercial or industrial
type function that--
(A) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with that
Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian
Organization, as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(3) The conversion of any activity or function under the authority
provided by this subsection shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be established by
statute, regulation, or policy.
(f) Competitive Sourcing Study Defined.--In this subsection, the
term ``competitive sourcing study'' means a study on subjecting work
performed by Federal Government employees or private contractors to
public-private competition or on converting the Federal Government
employees or the work performed by such employees to private contractor
performance under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.

61401525609d672242486c89d78500f30da07c9347a9e94448e506951c940032

Management Act of 1998 (112 Stat. 2346; 116 Stat. 2007) is amended by
striking ``under this Act'' and inserting ``under this Act, including
costs incurred under paragraph (2)(A)''.

02b462bb228244ea30a68aa80f079dae064c71fe654cba08c8499402c87afae8

the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2346;
116 Stat. 2007) is further amended--
(1) in clause (v), by striking ``and'' at the end;
(2) by redesignating clause (vi) as clause (vii); and
(3) by inserting after clause (v) the following:
``(vi) transfer to the Secretary of Agriculture, or, if
the Secretary of Agriculture enters into a cooperative
agreement with the head of another Federal agency, the head
of the Federal agency, for Federal environmental
restoration projects under sections 6 and 7 of the Lake
Tahoe Restoration Act (114 Stat. 2354), environmental
improvement payments under section 2(g) of Public Law 96-
586 (94 Stat. 3382), and any Federal environmental
restoration project included in the environmental
improvement program adopted by the Tahoe Regional Planning
Agency in February 1998 (as amended), in an amount equal to
the cumulative amounts authorized to be appropriated for
such projects under those Acts, in accordance with a
revision to the Southern Nevada Public Land Management Act
of 1998 Implementation Agreement to implement this section,
which shall include a mechanism to ensure appropriate
stakeholders from the States of California and Nevada
participate in the process to recommend projects for
funding; and''.

3bff3b7b140dace1b3194b24d618b7b16a81f4c9852d61d10d094cf45605acee

holdbacks from programs, projects and activities to support
governmentwide, departmental, agency or bureau administrative functions
or headquarters, regional or central office operations shall be
presented in annual budget justifications. Changes to such estimates
shall be presented to the Committees on Appropriations for approval.

296dd30b32cede20798130551e56d055da8aed31cebd97bed72e7f7509ad15a8

rescinded an amount equal to 0.646 percent of--
(1) the budget authority provided for fiscal year 2004 for any
discretionary account in this Act; and
(2) the budget authority provided in any advance appropriation
for fiscal year 2004 for any discretionary account in the
Department of the Interior and Related Agencies Appropriations Act,
2003.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities as
delineated in the appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or for accounts
and items not included in appropriation Acts, as delineated in the
most recently submitted President's budget).

df52582024afabb716781e57b30fae1d4414a84a79b045e799151ff1e493b398

and Kootenai National Forest Rehabilitation Act of 2003''.

a30dae71a73708ce9a311428d951dcd97c8d8f08245d393425a8bc16ad3229da

TITLE IV

-THE FLATHEAD AND KOOTENAI NATIONAL FOREST REHABILITATION ACT

that--
(1) the Robert Fire and Wedge Fire of 2003 caused extensive
resource damage in the Flathead National Forest;
(2) the fires of 2000 caused extensive resource damage on the
Kootenai National Forest and implementation of rehabilitation and
recovery projects developed by the agency for the Forest is
critical;
(3) the environmental planning and analysis to restore areas
affected by the Robert Fire and Wedge Fire will be completed
through a collaborative community process;
(4) the rehabilitation of burned areas needs to be completed in
a timely manner in order to reduce the long-term environmental
impacts; and
(5) wildlife and watershed resource values will be maintained
in areas affected by the Robert Fire and Wedge Fire while exempting
the rehabilitation effort from certain applications of the National
Environmental Policy Act (NEPA) and the Clean Water Act (CWA).
(b) The purpose of this title is to accomplish in a collaborative
environment, the planning and rehabilitation of the Robert Fire and
Wedge Fire and to ensure timely implementation of recovery and
rehabilitation projects on the Kootenai National Forest.

e9f1527f21fe5a2a650010452fc5f36881903467cd52c8eb29e7bc9f362bcdf5

of Agriculture (in this title referred to as the ``Secretary'') may
conduct projects that the Secretary determines are necessary to
rehabilitate and restore, and may conduct salvage harvests on, National
Forest System lands in the North Fork drainage on the Flathead National
Forest, as generally depicted on a map entitled ``North Fork Drainage''
which shall be on file and available for public inspection in the
Office of Chief, Forest Service, Washington, D.C.
(b) Procedure.--
(1) In General.--Except as otherwise provided by this title,
the Secretary shall conduct projects under this title in accordance
with--
(A) the National Environmental Policy Act (42 U.S.C. 4321
et seq.); and
(B) other applicable laws.
(2) Environmental assessment or impact statement.--If an
environmental assessment or an environmental impact statement
(pursuant to section 102(2) of the National Environmental Policy
Act (42 U.S.C. 4332(2)) is required for a project under this title,
the Secretary shall not be required to study, develop, or describe
any alternative to the proposed agency action in the environmental
assessment or the environmental impact statement.
(3) Public collaboration.--To encourage meaningful
participation during preparation of a project under this title, the
Secretary shall facilitate collaboration among the State of
Montana, local governments, and Indian tribes, and participation of
interested persons, during the preparation of each project in a
manner consistent with the Implementation Plan for the 10-year
Comprehensive Strategy of a Collaborative Approach for Reducing
Wildland Fire Risks to Communities and the Environment, dated May
2002, which was developed pursuant to the conference report for the
Department of the Interior and Related Agencies Appropriations Act,
2001 (House Report 106-646).
(4) Compliance with clean water act.--Consistent with the Clean
Water Act (33 U.S.C. 1251 et seq.) and Montana Code 75-5-
703(10)(b), the Secretary is not prohibited from implementing
projects under this title due to the lack of a Total Maximum Daily
Load as provided for under section 303(d) of the Clean Water Act
(33 U.S.C. 1313(d)), except that the Secretary shall comply with
any best management practices required by the State of Montana.
(5) Endangered species act consultation.--If a consultation is
required under section 7 of the Endangered Species Act (16 U.S.C.
1536) for a project under this title, the Secretary of the Interior
shall expedite and give precedence to such consultation over any
similar requests for consultation by the Secretary.
(6) Administrative appeals.--Section 322 of the Department of
the Interior and Related Agencies Appropriations Act, 1993 (Public
Law 102-381; 16 U.S.C. 1612 note) and section 215 of title 36, Code
of Federal Regulations shall apply to projects under this title.

58e5b056f694a292ce31649564a47717a078016734ccc6791ba03085ccc74c0f

Notwithstanding chapter 63 of title 31, United States Code, the
Secretary may enter into contract or cooperative agreements to carry
out a project under this title.
(b) Exemption.--Notwithstanding any other provisions of law, the
Secretary may limit competition for a contract or a cooperative
agreement under subsection (a).

e64f51295183594b10d2a6ce5754a748646614e1206e40b71ed9ad345c3e0762

Department of the Interior and Related Agencies Appropriations Act, 2004

Other Sections

TITLE I

TITLE III

TITLE IV

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