Summary: H.R.5093 — 107th Congress (2001-2002)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (07/17/2002)

Department of the Interior and Related Agencies Appropriations Act, 2003 - Makes appropriations for the Department of the Interior and related agencies for FY 2003.

Title I: Department of the Interior - Makes appropriations for FY 2003 to the Bureau of Land Management (BLM) for: (1) land and resource management; (2) wildland fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) payments in lieu of taxes to local governments; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to pubic 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 establishment of a Landowner Incentive Program that provides assistance to private landowners for private conservation efforts; (5) the establishment of a Private Stewardship Grants Program; (6) expenses related to carrying out the Endangered Species Act of 1973; (7) the National Wildlife Refuge Fund; (8) expenses related to carrying out the North American Wetlands Conservation Act; (9) financial assistance for projects to promote the conservation of neotropical migratory birds; (10) expenses related to carrying out the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, the Rhinoceros and Tiger Conservation Act of 1994; (11) the Great Ape Conservation Act of 2000; and (12) wildlife conservation grants to States, the District of Columbia, U.S. territories, and Indian tribes.

Makes appropriations for FY 2003 to the National Park Service (NPS) for: (1) the National Park System; (2) the U.S. Park Police; (3) expenses for national recreation and preservation programs; (4) expenses to carry out the Urban Park and Recreation Recovery Act of 1978; (5) expenses related to carrying out the Historic Preservation Act of 1966 and the Omnibus Parks and Public Lands Management Act of 1996; (5) national recreation and preservation activities; (6) expenses related to carrying out the Urban Park and Recreation Recovery Act of 1978; (7) expenses related to carrying out the Historic Preservation Act of 1966 and the Omnibus Parks and Public Lands Management Act of 1996; (8) construction; and (9) land acquisition and State assistance 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 FY 2003 to: (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 and the Offices of the Solicitor and of the Inspector General; (7) the National Indian Gaming Commission; (8) trust programs for Indians; (9) a program for consolidation of fractional interests in Indian lands by direct expenditure or cooperative agreement; and (10) natural resource damage assessment.

Sets forth authorized and prohibited uses of specified funds.

(Sec. 107) Prohibits the use of funds provided in this title for specified offshore leasing and related activities in the areas of or including California, the North Atlantic, Washington and Oregon, the eastern Gulf of Mexico, and the Mid-Atlantic and South Atlantic planning areas.

(Sec. 112) Bars the NPS from developing a reduced entrance fee program to accommodate non-local travel through a unit. Authorizes the Secretary of the Interior (Secretary) to provide for and regulate local non-recreational passage through National Park System units, allowing each unit to develop guidelines and permits for activity appropriate to such unit.

(Sec. 114) Permits the Secretary to negotiate agreements and leases, without regard to certain specified provisions of Federal law, with various entities for all or part of the property within Fort Baker administered by the Secretary as part of the Golden Gate National Recreation Area. Prescribes that proceeds from such arrangements shall be used to cover expenses incurred by the NPS and nonprofit park partners in support of the Fort Baker properties.

(Sec. 115) 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 without regard to requirements for competitive service appointments.

(Sec. 116) 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. 118) Requires the Secretary to ensure that the lands composing the Huron Cemetery in Kansas are used only for religious and cultural purposes compatible with their use as a cemetery and a burial ground.

(Sec. 120) Amends the National Parks Omnibus Management Act of 1998 to extend through FY 2003 the Secretary's authority to obligate expenditure of fees, before they are received, under a transportation services contract at Zion National Park.

(Sec. 121) Allows the NPS to authorize, through a cooperative agreement, the Golden Gate National Parks Association to provide fee-based education, interpretive, and visitor service functions within the Crissy Field and Fort Point Areas of the Presidio.

(Sec. 123) Directs the Administrator of General Services to sell all right, title, and interest of the United States in and to the improvements and equipment of the White River Oil Shale Mine in Uintah County, Utah, subject to terms and conditions of the Department of the Interior and Related Agencies Act of 2002.

(Sec. 124) 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. 125) Permits funds provided for Federal land acquisition by the NPS for Shenandoah Valley Battlefields National Historic District and Ice Age National Scenic Trail to be used for a grant to a State, local government, or any other governmental land management entity for the acquisition of lands without regard to Land and Water Conservation Fund Act of 1965 restrictions.

(Sec. 127) Specifies that no funds made available in this Act may be used to demolish the bridge between Jersey City, New Jersey, and Ellis Island, or to prevent safe pedestrian use of such bridge.

(Sec. 129) Provides that notwithstanding any other provision of law, the United States Fish and Wildlife Service may use funds appropriated in this Act for incidental expenses related to promoting and celebrating the Centennial of the National Wildlife Refuge System.

(Sec. 130) Permits the NPS to enter into a cooperative agreement with and transfer funds to Capital Concerts, a non-profit organization, to carry out certain specified programs.

(Sec. 131) Directs the Secretary to provide a summary of the Ernst and Young report on the historical accounting for the five named plaintiffs in Cobell vs. Norton to Congress.

(Sec. 132) Forbids funds in this Act or any other Act earmarked for the Department of the Interior or of the Department of Justice that exceed a certain specified figure from being used to compensate the Special Master and the Court Monitor in the Cobell vs. Norton litigation.

(Sec. 133) Directs the Special Trustee for American Indians, in consultation with the Secretary and the Tribes, to appoint new members to the Special Trustee Advisory Board.

(Sec. 134) Allows the Secretary to use discretionary funds to pay private attorneys fees and costs for employees and former employees of the Department of the Interior in connection with Cobell vs. Norton to the extent such moneys are not paid by the Department of Justice or by private insurance.

(Sec. 135) Permits appropriations for the Wildland Fire Management account allocated to the NPS, Fish and Wildlife Service, and the Bureau of Indian Affairs to be used for entering into cooperative agreements with specified actors for specified purposes related to watershed restoration and enhancement.

(Sec. 137) Provides that funds for the National Museum of African American History and Culture Plan Action Presidential Commission shall remain available until expended, notwithstanding any other provision of law.

(Sec. 138) Directs the U.S. Fish and Wildlife Service to implement a system of mass marketing of salmonid stocks released from Federally operated or Federally financed hatcheries. Precludes such requirement from applying when the hatchery fish are produced for conservation purposes.

Title II: Related Agencies - Makes FY 2003 appropriations for 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; (5) capital improvement and maintenance; (6) land acquisitions, including specified National Forest areas in Utah, Nevada, and California; (7) range rehabilitation, protection, and improvement; (8) gifts, donations, and bequests for forest and rangeland research; and (9) Federal land management in Alaska.

Defers funds made available in prior years for clean coal technology from being used until October 1, 2003, subject to a specified condition. Makes appropriations for the Department of Energy for: (1) fossil energy research and development that includes acquisition of real property, plants or facilities, technological investigations and research targeting mineral substances, and a Clean Coal Power Initiative; (3) naval petroleum and oil shale reserve activities; (4) installment payments pertaining to the Elk Hills School Lands Fund; (5) implementation of energy conservation activities; (6) implementation of activities of the Office of Hearings and Appeals, and of the Energy Information Administration; and (7) the Strategic Petroleum Reserve and the Northeast Home Heating Oil Reserve.

Specifies that, unless specifically provided for in an appropriations Act, funds made available to the Department of Energy under this Act 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 for FY 2003 to the Department of Health and Human Services for the Indian Health Service (IHS) and Indian health facilities.

Makes appropriations for FY 2003 to: (1) the Office of Navajo and Hopi Indian Relocation; and (2) the Institute of American Indian and Alaska Native Culture and Arts Development.

Sets forth requirements for uses of, and limitations on, funds appropriated under this title.

Makes appropriations in specified amounts for various purposes to: (1) the Smithsonian Institution (earmarking certain funds for the National Museum of the American Indian, the Council of American Overseas Research Centers, the National Zoological Park, and other specified programs, while rescinding moneys from unobligated balances of prior year appropriations); (2) the National Gallery of Art; (3) the John F. Kennedy Center for the Performing Arts; (4) the Woodrow Wilson International Center for Scholars; (5) the National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities; (6) the Challenge America Arts Fund, for Challenge America Grants for arts education and public outreach activities to be administered by the NEA; (8) the Commission of Fine Arts, including expenses for National Capital Arts and Cultural Affairs; (9) the Advisory Council on Historic Preservation; (10) the National Capital Planning Commission; (11) the United States Holocaust Memorial Council, for the Holocaust Memorial Museum; and (12) the Presidio Trust Fund.

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.

(Sec. 307) Forbids the use of funds under this Act for accepting or processing applications for a patent for any mining or mill site claimed under the general mining laws, with exceptions.

(Sec. 308) Provides that amounts appropriated to or earmarked in committee reports for the Bureau of Indian Affairs (BIA) and the Indian Health Service 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 are the total amounts available for FY 1994 through 2002 for such purposes, except that, for the BIA, such entities may use their tribal priority allocations for unmet indirect costs.

(Sec. 311) Requires the Chairperson of the NEA to: (1) ensure that priority is given to providing services or awarding financial assistance for projects or programs that serve underserved populations; and (2) establish a grant category for programs that are of national impact or are availability or able to tour several States.

(Sec. 312) Bars the use of funds made available in this Act from being used to complete and issue the five-year program under the Forest and Rangeland Renewable Resources Planning Act.

(Sec. 316) Sets forth requirements for the sale of timber in Region 10 of the Forest Service, including western red cedar timber.

(Sec. 317) Prohibits certain projects undertaken by the Forest Service from resulting in: (1) displacement of the holder of an authorization to provide commercial recreation services on Federal lands; or (2) the return of a commercial recreation service to the Secretary for operation when such services have previously been provided by a private sector provider, with exceptions.

(Sec. 318) Provides that prior to October 1, 2003, the Secretary shall not be considered in violation of the Forest and Rangeland Renewable Resources Planning Act of 1974 solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System, provided the Secretary is acting expeditiously and in good faith.

(Sec. 319) Provides that, until September 30, 2004, the authority of the Secretary of Agriculture to enter into a cooperative agreement for the facilitation of the administration of Forest Service programs and activities includes the use of that legal instrument when the principal purpose of the resulting relationship is to the benefit of the Forest Service and the other party or parties to the agreement, including nonprofit entities.

(Sec. 320) Prohibits expending funds provided in this Act to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a specified National Monument as such boundary existed on January 20, 2001. Makes an exception in cases that are allowed under the Presidential proclamation establishing such monument.

(Sec. 321) Amends the Department of the Interior and Related Agencies Appropriations Act of 1999 to extend for an additional year the Forest Service's authority for stewardship and end result contracts.

(Sec. 323) Amends the Department of the Interior and Related Agencies Appropriations Act of 2002 to allow conveyances on not more than 20 Forest Service sites for public and private agencies (current law allows conveyances on 10 sites). Extends authority to issue such conveyances until September 30, 2006 (present law allows authority until September 30, 2005).

(Sec. 324) Renews grazing permits and leases issued by the Secretary of the Interior or the Secretary of Agriculture involving National Forest System lands that expire (or are transferred or waived) during FY 2003, under the old terms and conditions.

(Sec. 328) Permits the Secretaries of Agriculture and the Interior to make reciprocal agreements in which the individuals furnished by an agreement to provide wildfire services are considered, for tort liability, employees of the country receiving the services when the individuals are fighting fires. Prohibits the Secretaries from making any agreement in which a foreign country does not assume any and all responsibility for acts or omissions of American firefighters while firefighting in such foreign country.

(Sec. 329) Prohibits any funds in this Act from being used to prepare or issue a permit or lease for oil or gas drilling in the Finger Lakes National Forest, New York, during FY 2003.