S.2708 - Department of the Interior and Related Agencies Appropriations Act, 2003107th Congress (2001-2002)

Summary: S.2708 — 107th Congress (2001-2002)All Information (Except Text)

Shown Here:
Reported to Senate without amendment (06/28/2002)

Title I: Department of the Interior - Makes appropriations to the Bureau of Land Management (BLM) for: (1) land and resource management; (2) wildland fire management (including $110 million for emergency rehabilitation and wildfire suppression); (3) hazardous waste substances remedial action; (4) construction; (5) payments in lieu of taxes; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to public lands; and (10) miscellaneous trust funds.

Appropriates funds to the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) land acquisition; (4) the Landowner Incentive Program; (5) the Private Stewardship Program; (6) the Cooperative Endangered Species Conservation Fund; (7) the National Wildlife Refuge Fund; (8) expenses related to carrying out the North American Wetlands Conservation Act; (9) conservation projects for neotropical migratory birds; (10) carrying out the African Elephant Conservation Act , the Asian Elephant Conservation Act of 1997, the Rhinoceros and Tiger Conservation Act of 1994, and the Great Ape Conservation Act of 2000; and (11) wildlife conservation grants.

Makes appropriations to the National Park Service (NPS) for: (1) the National Park System; (2) the U.S. Park Police; (3) national recreation and preservation; (4) carrying out the Urban Park and Recreation Recovery Act of 1978; (5) carrying out the Historic Preservation Act of 1966 and the Omnibus Parks and Public Lands Management Act of 1996; (6) construction; and (7) land acquisition and State assistance (to be derived from the Land and Water Conservation Fund).

Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 2003.

Makes appropriations for: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, Indian land and water claim settlements and miscellaneous payments to Indians, and Indian guaranteed loans; (5) assistance to U.S. territories and for carrying out the Compacts of Free Association with respect to Micronesia, the Marshall Islands, and Palau; (6) departmental management; (7) the Office of the Solicitor; (8) the Office of Inspector General; (9) the Office of Special Trustee for American Indians; and (10) natural resource damage assessment and restoration.

Sets forth authorized and prohibited uses of specified funds.

(Sec. 107) Prohibits the use of funds provided in this title for offshore oil and natural gas leasing and related activities: (1) in specified areas of California, the North Atlantic, Washington and Oregon, and the eastern Gulf of Mexico; (2) on lands within the North Aleutian Basin planning area; (3) in the eastern Gulf of Mexico planning area for lands outside Sale 181; and (4) in the Mid-Atlantic and South Atlantic planning areas.

(Sec. 113) Provides that, for purposes of reducing the backlog of Indian probate cases in the Department of the Interior, certain hearing requirements with respect to descent and distribution of Indian lands are deemed satisfied by a proceeding conducted by an Indian probate judge appointed by the Secretary of the Interior (Secretary) without regard to requirements for competitive service appointments.

(Sec. 114) Allows the Secretary to redistribute any Tribal Priority Allocation funds to alleviate tribal funding inequities by transferring funds to address identified, unmet needs; dual enrollment; overlapping service areas; or inaccurate distribution methodologies. Prohibits any reduction in such funds of more than ten percent in FY 2003 for any tribe.

(Sec. 116) Requires the Secretary to ensure that the lands composing the Huron Cemetery in Kansas are used only for compatible religious and cultural purposes.

(Sec. 118) Allows the NPS to authorize the Golden Gate National Parks Association to provide fee-based education, interpretive, and visitor service functions within the Crissy Field and Fort Point Areas of the Presidio.

(Sec. 120) Directs the Secretary of the Interior to carry out the Tribal School Construction Demonstration Program to provide grants to Indian tribes for half the costs of constructing tribally controlled schools.

(Sec. 121) Directs the Administrator of General Services to sell improvements and equipment of the White River Oil Shale Mine in Utah.

(Sec. 122) Authorizes the Secretary to use or contract for the use of helicopters or motor vehicles on the Sheldon and Hart National Wildlife Refuges for capturing and transporting horses and burros.

(Sec. 123) Prohibits the use of any funds contained in this Act to approve the transfer of lands on South Fox Island, Michigan until Congress has authorized such transfer.

(Sec. 124) Allows the Secretary to obligate the expenditure of fees for contracts for transportation service at Zion National Park before fees are received, provided that total obligations do not exceed fee collections retained at the Park.

(Sec. 126) Prohibits any funds made available in this Act or any other Act providing appropriations for the Department of the Interior from being expended to issue a Record of Decision or take any action to issue a right-of-way grant for a pipeline or associated facilities related to the Cadiz groundwater storage and dry-year supply program.

(Sec. 127) Authorizes the NPS to obligate the $1 million made available in FY 2002 for planning the John Adams Presidential memorial in cooperation with non-Federal partners.

(Sec. 128) Makes funds remaining in the NPS Construction (Trust Fund) account at the completion of all authorized projects available for the rehabilitation and improvement of Going-to-the Sun Road in Glacier National Park.

(Sec. 129) Directs the Secretary to provide interim compensation payments under the Glacier Bay compensation plan.

(Sec. 130) Prohibits the use of funds to enforce, in the Alaska region, any rule, regulation, policy or management tool not promulgated pursuant to the Administrative Procedures Act.

Title II: Related Agencies - Makes appropriations for FY 2003 to the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System (NFS); (4) wildland fire management (including $290 million for emergency rehabilitation, pre-suppression, and wildfire suppression activities); (5) capital improvement and maintenance; (6) land acquisition; (7) range rehabilitation, protection, and improvement; (8) gifts, donations, and bequests for forest and rangeland research; (9) Federal land management in Alaska for subsistence uses; and (10) specified administrative activities.

Prohibits any funds made available under this Act from being expended to abolish any region or to move or close any regional offices of the Forest Service.

Makes appropriations for the Department of Energy for: (1) fossil energy research and development activities; (2) naval petroleum and oil shale reserve activities; (3) installment payments pertaining to the Elk Hills School Lands Fund; (4) energy conservation activities; (5) activities of the Office of Hearings and Appeals; (6) the Strategic Petroleum Reserve; (7) the Northeast Home Heating Oil Reserve; (8) Energy Information Administration activities; and (9) specified administrative items. Defers the availability of specified funds for clean coal technology until October 1, 2003.

States that, unless specifically provided for in an appropriations Act, funds made available to the Department of Energy may not be used to: (1) finance or implement authorized price support or loan guarantee programs; or (2) issue or process procurement documents for various enterprises.

Makes appropriations to the Department of Health and Human Services for the Indian Health Service (IHS).

Makes appropriations for: (1) the Office of Navajo and Hopi Indian Relocation; (2) the Institute of American Indian and Alaska Native Culture and Arts Development; (3) the Smithsonian Institution; (4) the National Gallery of Art; (5) the John F. Kennedy Center for the Performing Arts; (6) the Woodrow Wilson International Center for Scholars; (7) the National Foundation for the Arts (NEA); (8) the National Endowment for the Humanities; (9) the Commission of Fine Arts; (10) the Advisory Council on Historic Preservation; (11) the National Capital Planning Commission; (12) the U.S. Holocaust Memorial Museum; and (13) the Presidio Trust.

Title III: General Provisions - Sets forth limitations on the use of funds under this Act.

(Sec. 306) Prohibits the use of funds under this Act for: (1) planning or offering timber from giant sequoias on BLM or Forest System lands for sale in a manner different than such sales were conducted in FY 2002; (2) entering by the NPS into a concession contract which provides for the removal of the underground lunchroom at Carlsbad Caverns National Park; and (3) accepting or processing applications for a patent for mining or mill site claims located under the general mining laws, unless the Secretary takes specified actions.

(Sec. 310) Authorizes the Secretaries of Agriculture and of the Interior 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 timber-dependent areas in Washington, Oregon, northern California, Idaho, Montana, and Alaska that have been affected by reduced timber harvesting on Federal lands.

(Sec. 311) Requires the Chairperson of the NEA to: (1) award grants to individuals only for literature, National Heritage, or American Jazz Masters fellowships; (2) establish procedures to ensure that no funding provided through a grant, except one made to a State or local arts agency or regional group, may be used to make a grant to any other individual or organization to conduct activities independent of the grant recipient; (3) ensure that priority is given to providing services or awarding financial assistance for projects or programs that serve underserved populations; and (4) establish a grant category for programs of national impact or availability or able to tour several States.

(Sec. 314) Prohibits any funds in this Act from being expended to complete and issue the five-year program under the Forest and Rangeland Renewable Resources Planning Act.

(Sec. 319) Sets forth requirements for the sale of timber in Region 10 of the Forest Service, including western red cedar timber.

(Sec. 322) Prohibits any funds under this Act from being expended to conduct preleasing, leasing, and related activities under the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a national monument, except where such activities are allowed under the presidential proclamation establishing such monument.

(Sec. 323) Amends the Department of the Interior and Related Agencies Appropriations Act, 1999 to extend the authority of the Forest Service to enter into stewardship end result contracts to authorize an additional 28 contracts, with at least nine allocated to Region 1.

(Sec. 324) Provides that employees of the foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies shall qualify for General Service Administration contract airfares beginning in FY 2004.

(Sec. 325) Authorizes the Secretaries of Agriculture and of the Interior to enter into reciprocal agreements with foreign countries pursuant to the Wildfire Suppression Assistance Act pursuant to which the individuals furnished are considered, for tort liability purposes, employees of the country receiving those services when fighting fires. Prohibits: (1) either Secretary from entering into any such agreement unless the foreign country agrees to assume all liability for the acts of American firefighters; and (2) subjecting the sending country or any organization associated with the firefighter to any action pertaining to or arising out of fighting fires.

(Sec. 326) Sets forth requirements for the renewal of grazing permits and leases that expire or that are transferred or waived during FY 2003.

(Sec. 327) Allows the Secretaries of Agriculture and of the Interior, in evaluating bids and proposals for a Federal contract for forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish population monitoring, or habitat restoration or management with funds made available by this Act, to 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 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.