Pub.L. 107-064 Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2002, and for other purposes. <> %%Fi...

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DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 2002

[[Page 115 STAT. 414]]

Public Law 107-63
107th Congress

                                 An Act


 
  Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2002, and for other 
            purposes. <<NOTE: Nov. 5, 2001 -  [H.R. 2217]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
the Interior and Related Agencies Appropriations Act, 2002.>> That the 
following sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the Department of the Interior and related 
agencies for the fiscal year ending September 30, 2002, and for other 
purposes, namely:

                   TITLE I--DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For expenses necessary for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the general administration of 
the Bureau, and assessment of mineral potential of public lands pursuant 
to Public Law 96-487 (16 U.S.C. 3150(a)), $775,632,000, to remain 
available until expended, of which $1,000,000 is for high priority 
projects which shall be carried out by the Youth Conservation Corps, 
defined in section 250(c)(4)(E) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended, for the purposes of such Act; 
of which $4,000,000 shall be available for assessment of the mineral 
potential of public lands in Alaska pursuant to section 1010 of Public 
Law 96-487 (16 U.S.C. 3150); and of which not to exceed $1,000,000 shall 
be derived from the special receipt account established by the Land and 
Water Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); and 
of which $3,000,000 shall be available in fiscal year 2002 subject to a 
match by at least an equal amount by the National Fish and Wildlife 
Foundation, to such Foundation for cost-shared projects supporting 
conservation of Bureau lands and such funds shall be advanced to the 
Foundation as a lump sum grant without regard to when expenses are 
incurred; in addition, $32,298,000 for Mining Law Administration program 
operations, including the cost of administering the mining claim fee 
program; to remain available until expended, to be reduced by amounts 
collected by the Bureau and credited to this appropriation

[[Page 115 STAT. 415]]

from annual mining claim fees so as to result in a final appropriation 
estimated at not more than $775,632,000, and $2,000,000, to remain 
available until expended, from communication site rental fees 
established by the Bureau for the cost of administering communication 
site activities: Provided, That appropriations herein made shall not be 
available for the destruction of healthy, unadopted, wild horses and 
burros in the care of the Bureau or its contractors: Provided further, 
That of the amount provided, $28,000,000 is for the conservation 
activities defined in section 250(c)(4)(E) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, for the purposes of 
such Act: Provided further, That fiscal year 2001 balances in the 
Federal Infrastructure Improvement account for the Bureau of Land 
Management shall be transferred to and merged with this appropriation, 
and shall remain available until expended.

                        wildland fire management

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $624,421,000, to remain available until expended, of 
which not to exceed $19,774,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes: Provided 
further, That unobligated balances of amounts previously appropriated to 
the ``Fire Protection'' and ``Emergency Department of the Interior 
Firefighting Fund'' may be transferred and merged with this 
appropriation: Provided further, That persons hired pursuant to 43 
U.S.C. 1469 may be furnished subsistence and lodging without cost from 
funds available from this appropriation: Provided further, That 
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of 
the Department of the Interior for fire protection rendered pursuant to 
42 U.S.C. 1856 et seq., protection of United States property, may be 
credited to the appropriation from which funds were expended to provide 
that protection, and are available without fiscal year limitation: 
Provided further, That using the amounts designated under this title of 
this Act, the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for hazardous fuels 
reduction activities, and for training and monitoring associated with 
such hazardous fuels reduction activities, on Federal land, or on 
adjacent non-Federal land for activities that benefit resources on 
Federal land: Provided further, That the costs of implementing any 
cooperative agreement between the Federal government and any non-Federal 
entity may be shared, as mutually agreed on by the affected parties: 
Provided further, That in entering into such grants or cooperative 
agreements, the Secretary may consider the enhancement of local and 
small business employment opportunities for rural communities, and that 
in entering into procurement contracts under this section on a best 
value basis, the Secretary may take into account the ability of an 
entity to enhance local and small business employment opportunities in 
rural communities, and that the Secretary may award procurement 
contracts, grants, or cooperative agreements under this section to 
entities that include local non-profit entities, Youth Conservation 
Corps or related partnerships, or small or disadvantaged businesses: 
Provided further, That

[[Page 115 STAT. 416]]

funds appropriated under this head may be used to reimburse the United 
States Fish and Wildlife Service and the National Marine Fisheries 
Service for the costs of carrying out their responsibilities under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
conference, as required by section 7 of such Act in connection with 
wildland fire management activities.
    For an additional amount to cover necessary expenses for burned 
areas rehabilitation and fire suppression by the Department of the 
Interior, $54,000,000, to remain available until expended, of which 
$34,000,000 is for wildfire suppression and $20,000,000 is for burned 
areas rehabilitation: Provided, That the Congress designates the entire 
amount as an emergency requirement pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended: Provided further, That $54,000,000 shall be available only to 
the extent an official budget request, that includes designation of the 
$54,000,000 as an emergency requirement as defined in the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                    central hazardous materials fund

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

                              construction

    For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $13,076,000, to remain available until 
expended.

                        payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-6907), $210,000,000, of which not to exceed 
$400,000 shall be available for administrative expenses and of which 
$50,000,000 is for the conservation activities defined in section 
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, for the purposes of such Act: Provided, That no 
payment shall be made to otherwise eligible units of local government if 
the computed amount of the payment is less than $100.

[[Page 115 STAT. 417]]

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) of 
Public Law 94-579, including administrative expenses and acquisition of 
lands or waters, or interests therein, $49,920,000, to be derived from 
the Land and Water Conservation Fund, to remain available until 
expended, and to be for the conservation activities defined in section 
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended, for the purposes of such Act.

                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein including existing 
connecting roads on or adjacent to such grant lands; $105,165,000, to 
remain available until expended: Provided, That 25 percent of the 
aggregate of all receipts during the current fiscal year from the 
revested Oregon and California Railroad grant lands is hereby made a 
charge against the Oregon and California land-grant fund and shall be 
transferred to the General Fund in the Treasury in accordance with the 
second paragraph of subsection (b) of title II of the Act of August 28, 
1937 (50 Stat. 876).

               forest ecosystems health and recovery fund

                    (revolving fund, special account)

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, and monitoring salvage 
timber sales and forest ecosystem health and recovery activities such as 
release from competing vegetation and density control treatments. The 
Federal share of receipts (defined as the portion of salvage timber 
receipts not paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 
1181-1 et seq., and Public Law 103-66) derived from treatments funded by 
this account shall be deposited into the Forest Ecosystem Health and 
Recovery Fund.

                           range improvements

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

[[Page 115 STAT. 418]]

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until expended: Provided, <<NOTE: 43 USC 1735 note.>> That 
notwithstanding any provision to the contrary of section 305(a) of 
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will 
be received pursuant to that section, whether as a result of forfeiture, 
compromise, or settlement, if not appropriate for refund pursuant to 
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and 
may be expended under the authority of this Act by the Secretary to 
improve, protect, or rehabilitate any public lands administered through 
the Bureau of Land Management which have been damaged by the action of a 
resource developer, purchaser, permittee, or any unauthorized person, 
without regard to whether all moneys collected from each such action are 
used on the exact lands damaged which led to the action: Provided 
further, That any such moneys that are in excess of amounts needed to 
repair damage to the exact land for which funds were collected may be 
used to repair other damaged public lands.

                        miscellaneous trust funds

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

                        administrative provisions

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

[[Page 115 STAT. 419]]

        or tunnel site, located pursuant to the mining laws of the 
        United States, whether located before, on or after the enactment 
        of this Act, shall pay to the Secretary of the Interior, on or 
        before September 1 of each year for years 2002 through 2003, a 
        claim maintenance fee of $100 per claim or site''; and

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