Pub.L. 108-109 To provide for the establishment by the Secretary of Veterans Affairs of additional cemeteries in the National Cemetery Administration. <> ...

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[[Page 117 STAT. 1241]]

Public Law 108-108
108th Congress

                                 An Act


 
  Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2004, and for other 
            purposes. <<NOTE: Nov. 10, 2003 -  [H.R. 2691]>> 

    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, 2004.>> 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, 2004, and for other 
purposes, namely:

                   TITLE I--DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For necessary expenses 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)), $850,321,000, to remain 
available until expended, of which $1,000,000 is for high priority 
projects, to be carried out by the Youth Conservation Corps; $2,484,000 
is 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 2004 subject to a match by at least an equal 
amount by the National Fish and Wildlife 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, $32,696,000 is for Mining Law 
Administration program operations, including the cost of administering 
the mining claim fee program; to remain available until expended, to be 
reduced by amounts collected by the Bureau and credited to this 
appropriation from annual mining claim fees so as to result in a final 
appropriation estimated at not more than $850,321,000; and $2,000,000, 
to remain available until expended, from communication site rental

[[Page 117 STAT. 1242]]

fees established by the Bureau for the cost of administering 
communication site activities: Provided, That appropriations herein made 
shall not be available for the destruction of healthy, unadopted, wild 
horses and burros in the care of the Bureau or its contractors.

                        wildland fire management

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $792,725,000, to remain available until expended, of 
which not to exceed $12,374,000 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 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 
of the funds provided, $99,000,000 is to repay prior year advances from 
other appropriations from which funds were transferred for wildfire 
suppression and emergency rehabilitation activities: Provided further, 
That this additional amount is designated by the Congress as an 
emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th 
Congress), the concurrent resolution on the budget for fiscal year 2004: 
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 notwithstanding requirements of the Competition 
in Contracting Act, the Secretary, for purposes of hazardous fuels 
reduction activities, may obtain maximum practicable competition among: 
(A) local private, nonprofit, or cooperative entities; (B) Youth 
Conservation Corps crews or related partnerships with state, local, or 
non-profit youth groups; (C) small or micro-businesses; or (D) other 
entities that will hire or train locally a significant percentage, 
defined as 50 percent or more, of the project workforce to complete such 
contracts: Provided further, That in implementing this section, the 
Secretary shall develop written guidance to field units to ensure 
accountability and consistent application of the authorities provided 
herein: Provided further, That 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

[[Page 117 STAT. 1243]]

fire management activities: Provided further, That the Secretary of the 
Interior may use wildland fire appropriations to enter into non-
competitive sole source leases of real property with local governments, 
at or below fair market value, to construct capitalized improvements for 
fire facilities on such leased properties, including but not limited to 
fire guard stations, retardant stations, and other initial attack and 
fire support facilities, and to make advance payments for any such lease 
or for construction activity associated with the lease: Provided 
further, That the Secretary of the Interior and the Secretary of 
Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$12,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management programs 
and projects: Provided further, That funds provided for wildfire 
suppression shall be available for support of Federal emergency response 
actions.

                    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, $13,976,000, to remain available until 
expended.

                            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, $18,600,000, to be derived from 
the Land and Water Conservation Fund and to remain available until 
expended.

                    oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of

[[Page 117 STAT. 1244]]

lands or interests therein, including existing connecting roads on or 
adjacent to such grant lands; $106,672,000, 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

    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, implementing 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. 1181f-1 et seq., and Public Law 106-393) 
derived from treatments funded by this account shall be deposited into 
the Forest Ecosystem Health and Recovery Fund.

                           range improvements

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

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until expended: Provided, <<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

[[Page 117 STAT. 1245]]

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: Provided further, That 
section 28 of title 30, United States Code, is amended: (1) in section 
28f(a), by striking ``for years 2002 through 2003'' and inserting in 
lieu thereof ``for years 2004 through 2008''; and (2) in section 28g, by 
striking ``and before September 30, 2003'' and inserting in lieu thereof 
``and before September 30, 2008''.

                 United States Fish and Wildlife Service

                           resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
maintenance of the herd of long-horned cattle on the Wichita Mountains 
Wildlife Refuge, general administration, and for the performance of 
other authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities, $963,352,000, to remain 
available until September 30, 2005, except as otherwise provided herein: 
Provided, That not less than

[[Page 117 STAT. 1246]]

$2,000,000 shall be provided to local governments in southern California 
for planning associated with the Natural Communities Conservation 
Planning (NCCP) program and shall remain available until expended: 
Provided further, That $2,000,000 is for high priority projects, which 
shall be carried out by the Youth Conservation Corps: Provided further, 
That not to exceed $12,286,000 shall be used for implementing 
subsections (a), (b), (c), and (e) of section 4 of the Endangered 
Species Act, as amended, for species that are indigenous to the United 
States (except for processing petitions, developing and issuing proposed 
and final regulations, and taking any other steps to implement actions 
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of 

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