35–896

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–187

DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATIONS BILL, 2008 

JUNE 11, 2007.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. DICKS, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

Additional Views 

[To accompany H.R. 2643] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for the 

Department of the Interior, the Environmental Protection Agency, 

and Related Agencies for the fiscal year ending September 30, 2008 

and for other purposes. The bill provides regular annual appropriations for the Department of the Interior (except the Bureau of Reclamation and the Central Utah Project), the Environmental Protection Agency, and for other related agencies, including the Forest 

Service, the Indian Health Service, the Smithsonian Institution, 

and the National Foundation on the Arts and the Humanities. 

CONTENTS

Page number 

Bill Report 

TITLE I—DEPARTMENT OF THE INTERIOR: 

Bureau of Land Management ............................................................ 2 8 

United States Fish and Wildlife Service ........................................... 11 24 

National Park Service ......................................................................... 18 37 

United States Geological Survey ....................................................... 24 50 

Minerals Management Service .......................................................... 26 54 

Office of Surface Mining Reclamation and Enforcement ................. 29 60 

Bureau of Indian Affairs .................................................................... 31 63 

Departmental Offices .......................................................................... 39 72 

Department-wide Programs ............................................................... 44 81 


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Page number 

Bill Report 

General Provisions, Department of the Interior ............................... 47 82 

TITLE II—ENVIRONMENTAL PROTECTION AGENCY: 

Science and Technology ...................................................................... 55 97 

Commission on Climate Change Adaptation and Mitigation .......... 56 100 

Environmental Programs and Management ..................................... 57 102 

Office of Inspector General ................................................................. 58 109 

Buildings and Facilities ...................................................................... 58 110 

Hazardous Substance Superfund ....................................................... 58 110 

Leaking Underground Storage Tank Program ................................. 59 113 

Oil Spill Response ............................................................................... 60 114 

State and Tribal Assistance Grants .................................................. 60 115 

Administrative Provisions .................................................................. 65 118 

TITLE III—RELATED AGENCIES: 

Forest Service, USDA ......................................................................... 67 120 

Indian Health Service, DHHS ........................................................... 81 142 

National Institute of Environmental Health Sciences ..................... 88 148 

Agency for Toxic Substances and Disease Registry ......................... 89 148 

Other Related Agencies: 

Council on Environmental Quality and Office of Environmental Quality .......................................................................... 90 149 

Chemical Safety and Hazard Investigation Board .................... 90 149 

Office of Navajo and Hopi Indian Relocation ............................ 91 150 

Institute of American Indian and Alaska Native Culture and 

Arts Development ..................................................................... 92 151 

Smithsonian Institution .............................................................. 92 151 

National Gallery of Art ............................................................... 94 155 

John F. Kennedy Center for the Performing Arts .................... 95 157 

Woodrow Wilson International Center for Scholars ................. 96 158 

National Foundation on the Arts and the Humanities ............ 96 159 

Commission of Fine Arts ............................................................. 98 163 

Advisory Council on Historic Preservation ................................ 99 164 

National Capital Planning Commission ..................................... 99 165 

United States Holocaust Memorial Museum ............................. 100 165 

Presidio Trust ............................................................................... 100 165 

White House Commission on the National Moment of Remembrance ................................................................................ 100 166 

TITLE IV—GENERAL PROVISIONS 101 166 

TITLE V—GLOBAL CLIMATE CHANGE SENSE OF CONGRESS 110 167 

BILL-WIDE REPORTING REQUIREMENTS AND REPROGRAMMING GUIDELINES — 168 


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BUDGET AUTHORITY RECOMMENDED IN BILL BY TITLE 

Activity Budget estimates, 

fiscal year 2008 

Committee bill, 

fiscal year 2008 

Committee bill compared with budget 

estimates

Title I, Department of the Interior: New Budget (obligational) 

authority ............................................................................... $9,713,245,000 $10,163,478,000 +$450,233,000

Title II, Environmental Protection Agency: New Budget 

(obligational) authority ......................................................... 7,199,400,000 8,085,915,000 +886,515,000 

Title III, related agencies: New Budget (obligational) authority .......................................................................................... 8,770,858,000 9,383,732,000 +612,874,000

Grand total, New Budget (obligational) authority ........... 25,683,503,000 27,633,125,000 +1,949,622,000 

CHANGING DIRECTIONS

The recommendations presented in the accompanying bill are the 

product of a very deliberate and bipartisan process. The Subcommittee on Interior, Environment and Related Agencies held 38 

separate hearings over three months with more than 250 witnesses. This included agency officials, Members of Congress and 

more than 100 tribal leaders and other public witnesses. These 

hearings included both standard budget hearings as well as a series of broader sessions to look at long-term trends in a few critical 

areas. This included five ‘‘contextual’’ hearings which looked at: (1) 

preserving open spaces and recreational opportunities; (2) protecting the quality of our water and air; (3) the status of Native 

American communities; (4) America’s artistic and cultural heritage; 

and finally (5) the critical area of climate change. Many of the recommendations in this bill flow directly from these hearings. 

This bill is structured in response to this review to begin the 

process of reinvesting significant new resources to address the future needs of our country. This new period of reinvestment follows 

a period of significant disinvestment in environmental and conservation programs and a period of clearly inadequate funding towards fulfilling the moral and treaty obligations of this Nation to 

Native American communities. Had the Administration’s budget request been approved for 2008, funding over the last six years would 

have fallen 16 percent for the Department of the Interior, 29 percent for the Environmental Protection Agency and 35 percent for 

the non-fire portion of the budget of the Forest Service. Given that 

history, the Committee believes that the 4.5 percent increase provided in this bill is well justified. 

This report provides detailed justifications for its recommendations but a few of the increases and decreases recommended by the 

Committee deserve special mention: 

National Parks.—The bill includes substantial new investments 

in our national parks as part of the $3 billion, ten-year proposal 

from the President to upgrade the parks in preparation for the centennial of the founding of the National Park Service in 2016. The 

bill provides $2,047 million, a $199 million increase over fiscal year 

2007, for core operational costs of our national parks as proposed 

by the President. This increase will begin to reverse the major declines which have occurred over the last decade as the parks have 

had to absorb fixed costs and other new requirements year after 

year. The additional funds will support 3,000 badly needed new 


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seasonal employees and 590 additional year-round staff. $85 million is also included for critical repair and maintenance projects. 

The bill also provides $50 million as the governmental contribution for the new Centennial Challenge initiative proposed by the 

President for the parks. These funds must be matched by private 

funds. Centennial Challenge funds will support special facility and 

visitor service projects which enhance the visitor experience beyond 

the levels possible through the normal appropriations process. 

National Wildlife Refuges.—The bill provides $451 million, a $56 

million increase over 2007, for national wildlife refuges. This will 

begin to reverse the current staffing shortfall problems within the 

U.S. Fish and Wildlife Service which has lost almost 600 FTEs 

since 2004. $85 million has also been provided for the very successful State Wildlife Grants programs managed by the Service. 

Native Americans.—The bill provides $5,731 million to support 

critical education, health care, economic development and law enforcement programs for Native Americans, $231 million over the 

request for the Bureau of Indian Affairs (BIA) and the Indian 

Health Service (IHS). To address one of the biggest issues facing 

Indian Country, the bill adds $35 million for a methamphetamine 

prevention initiative that spans both the BIA and the IHS. 

Wildfires.—The bill provides $2,781 million for the wildfire programs to support the national fire plan, an increase of $199 million 

over the current level. The President’s budget had proposed more 

than $100 million in reductions in critical fire preparedness activities. This bill restores those cuts and provides an increase of $163 

million over fiscal year 2007 for wildfire suppression, fully funding 

the 10-year average costs. It also includes over $500 million for vitally needed hazardous fuels projects to reduce the risk of further 

catastrophic wildfires. 

Forest Service.—The President’s budget request would have required the loss of over 2,100 full time staff at the Forest Service 

and dramatic reductions in its ability to provide basic services for 

the American public. Instead, the Committee recommendation has 

made a major investment of $345 million above the request for 

non-fire programs to restore recreation and trails, forest protection 

and harvest, natural resource stewardship, cooperative forestry, 

and quality science programs. This brings non-fire funding up to 

$2.6 billion, an increase of 4 percent and $102 million over fiscal 

year 2007. The decade-long neglect of maintenance to the vast Forest Service road network and trail system is addressed with the 

new $65 million legacy roads and trails remediation initiative to 

begin the restoration of sensitive watersheds. 

Environmental Protection Agency.—The bill provides $8,086 million for the EPA, an $887 million increase over the President’s

budget. The President had proposed $526 million of reductions for 

this agency. The bill restores those cuts and provides a number of 

critical increases. The bill includes $1,125 million, a $437 million 

increase above the request, for the Clean Water State Revolving 

Fund; $220 million for Clean Air State Grants; $140 million for 

sewer and water grants in local communities; $35.5 million for underground storage tank grants; and $50 million for the new diesel 

emission reduction program. 


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Climate Change.—This bill addresses the critical issue of climate 

change in a number of ways. First, it provides $266 million for various climate change activities throughout the bill, an increase of 

$94 million over the 2007 level. 

The bill also establishes a new temporary Commission on Climate Change Mitigation and Adaptation. This Commission will include the heads of the major Federal agencies with climate science 

responsibilities, as well as a set of public Members with appropriate expertise. The bill designates the President of the National 

Academy of Sciences as the Chairman of the new Commission and 

charges it with reviewing for the first time in an organized way the 

science issues related to how the world adapts to the reality of climate change and the steps necessary to advance this science. (See 

p. 99) The bill includes a statutory set-aside of $2 million for the Environmental Protection Agency to begin the formal process of developing a regulatory framework for the reduction of greenhouse 

gases.

The bill also includes the same Sense of Congress Resolution 

adopted last year by the Committee recognizing the reality of climate change and the need to address its consequences. 

Cultural Agencies.—The National Endowment for the Arts and 

the National Endowment for the Humanities would each receive 

$160 million, increases over the 2007 appropriations levels of $35 

million and $19 million respectively. 

Reductions.—This bill also recommends reductions below the 

2007 level totaling over $400 million. This includes $135 million of 

net reductions from construction programs throughout the bill 

based on evidence at the hearings that many of these programs 

have a backlog of previously funded projects which must be completed prior to undertaking new work. The bill also terminates the 

Land Owner Incentive and Private Stewardship programs at the 

U.S. Fish and Wildlife Service. 

The Committee believes that this bill, with its increases and decreases, is a responsible package which invests in key environmental and conservation priorities and honors our stewardship responsibilities to Native Americans. 

CROSSCUTTING ISSUES

The Committee also wishes to express its concerns about a number of issues which affect multiple areas within the bill. 

Environment and Law Enforcement Concerns on the Southwest 

Border.—The Committee remains concerned that the illegal immigration problems on the Southwestern border are having devastating impacts on Federal and tribal lands. The lands of the National Wildlife Refuge System, National Park Service, Bureau of 

Land Management and the U.S. Forest Service are severely 

stressed by the thousands of illegal immigrants that cross the border. Tribal lands are equally impacted. Thousands of pounds of 

trash and hundreds of miles of trails and illegal roads are being 

left behind in environmentally sensitive areas. Alarmingly, many 

sections of our public lands are now so dangerous that Federal 

agencies must restrict public access. With increased border scrutiny in urban sectors, drug traffickers have moved their operations 


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to more remote Federal and tribal lands. Due to this high level of 

drug trafficking, Federal employees often put their lives at risk just 

by showing up for work. 

The Committee has increased funding in each of the land management agencies law enforcement accounts and in the Bureau of 

Indian Affairs and expects a portion of that funding to be used to 

protect tribal members, visitors, employees, and natural resources 

along the Southwestern border. 

Methamphetamine Use in Indian Country.—The Committee is extremely concerned about the rising use of methamphetamine in Indian Country. This drug destroys lives, obliterates families, and 

has the potential to destroy tribal cultures. Increases in violent 

crime, child abuse, spousal abuse and suicide can all be traced to 

methamphetamine use. In hearings this year, the Committee 

learned that entire reservations were being targeted by international drug cartels due to a lack of adequate law enforcement. 

The Committee commends the administration for its recognition of 

this problem and the increased funding it proposed to help fight it, 

but more needs to be done. The Committee has increased funding 

in this bill by $35,000,000 above the request for law enforcement 

officers, training, tribal courts, detention facilities and anti-drug 

education activities. The Committee understands that this is not 

just a law enforcement problem and therefore has included 

$15,000,000 within this amount for the Indian Health Service for 

substance abuse treatment and mental health issues, including 

youth suicide, associated with methamphetamine use. The Committee expects the Directors of the Indian Health Service and the 

Bureau of Indian Affairs to distribute this funding outside of the 

normal formulas and methodologies to target the areas with the 

highest needs in Indian Country. 

The Committee directs the Departments to report on the allocation of these increased funds within 60 days of enactment of this 

appropriation.

EXECUTIVE BRANCH PROJECT REVIEW PROCESS

Projects.—Congress has made significant reforms in the way it 

reviews funding for the Federal government; reforms which the 

Committee takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does 

not begin with Congress. It begins with the Executive Branch. For 

example, the Administration requested 115 construction and land 

acquisition projects totaling $272 million. The Administration, in 

selecting these projects, goes through a process that is the functional equivalent of earmarking. When the Committee reviews the 

budget request, it goes through a process of rigorous review and 

may alter or modify this list to reflect additional priorities. 

Contractors.—The Executive Branch also engages in another 

practice which steers or directs money to specific entities or purposes through a process of contracting out various activities and 

services.

In many important work locations, the number of people working 

for contractors exceeds the number of Federal employees in the 

same building or location. Many of these, in fact, are non-competitive or sole-sourced. When added together, the Executive Branch 


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steers or directs far greater spending to specific projects or corporations than is directed or earmarked by Congress. And the practice 

of non-competitive contracting has exploded in the past five years. 

For example the Department of the Interior reported to the Committee that the value of contracts awarded through processes that 

were ‘‘not fully and openly competitive’’ increased from $26 million 

in 2000 to $167 million in 2005. In 2005 $80 million was awarded 

on a purely sole-source basis. Examples included: 

• $7,650,000 for warehousing services to the Lauricella Land 

Company

• $6,532,000 for phosphate rock mining to the Connolly-Pacific Company 

• $11,043,000 for security services to Adesta the Limited Liability Company 

• $6,000,000 for computer equipment from the GTSI Corp. 

The Committee provides no recommendation at this time for specific projects contained in either the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 

will be considered comprehensively after the Committee has properly analyzed all relevant information. 


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TITLE I—DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

The Bureau of Land Management is responsible for the multiple 

use management, protection, and development of a full range of 

natural resources, including minerals, timber, rangeland, fish and 

wildlife habitat, and wilderness on about 258 million acres of the 

Nation’s public lands and for management of 700 million additional 

acres of Federally-owned subsurface mineral rights. The Bureau is 

the second largest supplier of public outdoor recreation in the 

Western United States. The Bureau’s National Landscape Conservation System includes over 23 million acres of national monuments, conservation areas, wild and scenic rivers, national scenic 

and historic trails, and other areas which have received special recognition and protection through congressional or presidential conservation designations. The Bureau’s wildland fire management account supports fire activities for all Departmental bureaus, including the National Park Service, the Fish and Wildlife Service, and 

the Bureau of Indian Affairs. 

The amounts recommended by the Committee for each Bureau of 

Land Management appropriation account and the Department’s

wildland fire management appropriation account, compared with 

the budget estimates by activity, are shown in the following table: 


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MANAGEMENT OF LANDS AND RESOURCES

Appropriation enacted, 2007 .............................................................. $866,911,000 

Budget estimate, 2008 ....................................................................... 879,438,000 

Recommended, 2008 ........................................................................... 888,628,000 

Comparison:

Appropriation, 2007 .................................................................... +21,717,000 

Budget estimate, 2008 ................................................................ +9,190,000 

The Committee recommends $888,628,000 for management of 

lands and resources, $9,190,000 above the budget request and 

$21,717,000 above the fiscal year 2007 enacted level. Most of the 

programs and activities have been given small increases above the 

budget request intended to restore core, fundamental management 

funding which was decreased by the Administration in fiscal year 

2007 to accommodate their increased funding for oil and gas activities. Non program-specific funds are provided for the Healthy 

Lands Initiative, as requested, and for the National Landscape 

Conservation System. 

The amounts recommended by the Committee compared with the 

budget estimates by activity are shown in the table at the beginning of the Bureau of Land Management entry. 

Land Resources.—The Committee recommends $194,390,000 for 

land resources, $10,958,000 above the budget request and 

$8,834,000 above the fiscal year 2007 enacted level. The Committee 

recommendation includes restoration of the wild horse and burro 

program funding to the previous level, plus fixed costs. Funding for 

cultural resources management is restored to the fiscal year 2007 

level, an increase of $1,089,000 over the request and $1,599,000 

above the fiscal year 2006 level. 

Wildlife and Fisheries.—The Committee recommends $43,647,000 

for wildlife and fisheries, $2,725,000 above the request and 

$2,867,000 above the fiscal year 2007 enacted level. 

Threatened and Endangered Species.—The Committee recommends $23,000,000 for threatened and endangered species, 

$1,070,000 above the request and $1,593,000 above the fiscal year 

2007 enacted level. The Committee encourages the Bureau to increase its efforts toward recovery of listed plant and animal species 

on Bureau-managed lands and waters. The Committee encourages 

the Bureau to adopt procedures to track consultation and recovery 

costs that are charged to this and other activities. 

Recreation Management.—The Committee recommends 

$69,085,000 for recreation management, $3,950,000 above the 

budget request and $5,388,000 above the fiscal year 2007 enacted 

level. The Committee expects that $2,000,000 of the increase be 

used to support the various national scenic and historic trails above 

historic funding levels. The Committee directs the Bureau to include in subsequent budget justifications a clear exposition of trailrelated funding requests and accomplishments from all budget activities.

The Committee recognizes that the growing disconnection of 

America’s children from the natural world impacts the children’s

health as well as the future of natural resource conservation. Within the recreation management, Challenge Cost Share, and National 

Landscape Conservation System activities the Bureau should imVerDate Aug 31 2005 06:25 Jun 12, 2007 Jkt 035896 PO 00000 Frm 00015 Fmt 6602 Sfmt 6602 E:\HR\OC\HR187.XXX HR187

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plement projects that help connect children and their families with 

nature.

Energy and Minerals.—The Committee recommends 

$112,114,000 for energy and minerals, $29,419,000 below the budget request and $24,423,000 below the fiscal year 2007 enacted 

level. The Committee notes that the recommendation includes, as 

requested by the Administration, a new cost recovery program 

which had been requested under the Service Charges, Deposits and 

Forfeitures account. The Committee recommendation provides that 

the new cost recovery program apply to each application for a permit to drill, and that the estimated $20,000,000 in revenues yielded 

be used to off-set appropriations for the oil and gas management 

activity. When these additional funds are considered, the Committee recommendation for oil and gas activities is $5,000,000 

below the fiscal year 2007 level and $9,419,000 below the request. 

The Administration’s request had assumed that $21,000,000 would 

be generated by the cost recovery program. The Committee recommendation does not include the Administration request to 

amend the Energy Policy Act of 2005 to stop the use of $20,000,000 

in mandatory funds for the pilot oil and gas permitting offices. 

The Committee recommendation includes bill language which 

provides a cap on the funds available for oil and gas activities. This 

should help the Bureau manage these funds and demonstrate to 

the public that other Bureau conservation funds are not being used 

to support oil and gas drilling activities. 

The Committee is concerned that in the past the Bureau has not 

properly charged all energy and minerals activities to this account, 

but rather, has allowed, or even encouraged, the use of other natural resource and public service funds for direct support of oil and 

gas activities. The Bureau should carefully evaluate its charged-asworked procedures, and report back to the Committee by March 20, 

2008 on steps taken to assure the public that oil and gas and other 

mineral activities are not supported at the expense of other Bureau 

conservation programs. 

The Committee recommendation for oil and gas funding includes 

the requested increase for inspection, enforcement and monitoring. 

In addition, the Committee encourages careful auditing of existing 

permits.

The Committee directs that wilderness and wilderness quality 

lands should be very carefully examined and only used for oil and 

gas leasing when less sensitive lands are not available and when 

existing permitted areas are fully developed. According to BLM 

data, there are 24 million acres of onshore leases with no oil and 

gas drilling activity on them. 

The Committee is also concerned that the Bureau may be moving 

too quickly on new commercial oil shale leasing activities in and 

near Colorado. The Bureau should use experience and knowledge 

gained from the recently established demonstration leases and not 

proceed with new commercial leases until full and complete reports 

are presented and made available for public review from the demonstration leases. The Bureau should report to the Committee if 

additional legislative steps are necessary to make this adjustment. 

Realty and Ownership Management.—The Committee recommends $80,861,000 for realty and ownership management, 


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$2,132,000 above the budget request and $1,777,000 below the fiscal year 2007 enacted level. The Committee is concerned about the 

Department’s interpretation and actions that would disclaim Federal interest in lands subject to an RS2477 claim or issue any ‘‘nonbinding determination’’ that would have a similar effect. The Bureau should provide advance notice to the Congress in the event 

that the Department plans to approve any RS2477 claims, and provide quarterly reports to the Committee on the Bureau’s activities 

concerning various claims under the RS2477 statute. 

Under the land acquisition heading, the Committee rejects the 

Administration proposal to use revenue from the sale of certain 

subsurface mineral rights to fund new acquisition projects. The 

Committee is also concerned about various Bureau land sales activities and the subsequent use of those funds. Therefore, the Committee requests annual summaries of sales, expenditures, and fund 

balances in the budget justification from all the Bureau’s land authorizations.

Resource Protection and Maintenance.—The Committee recommends $87,124,000 for resource protection and maintenance, 

$5,158,000 above the budget request and $1,970,000 above the fiscal year 2007 enacted level. The Committee is concerned that the 

Bureau is focusing too much of its resource management planning 

program on areas selected for intensive energy development. In addition, the Committee requests the Bureau to provide a report summarizing the extent to which existing and future plans include 

evaluations of the impacts of global climate change. 

The Committee remains concerned about law enforcement activities along the southwestern border in New Mexico, Arizona, and 

California, and therefore directs that a substantial portion of the 

increase provided be used for law enforcement in areas having high 

visitation, potential for drug trafficking, and which are near the 

border.

Transportation and Facilities Maintenance.—The Committee recommends $75,974,000 for transportation and facilities maintenance, $4,217,000 above the budget request and $5,606,000 above 

the fiscal year 2007 enacted level. The Committee understands the 

Bureau has a large backlog in deferred maintenance, and has included this increase to begin to remedy the situation. The Committee also expects that a substantial portion of the increase be 

used for the national scenic and historic trails and that future 

budget justifications should clearly display trails funding in this activity and elsewhere in the Bureau. 

Land and Resource Information Systems.—The Committee recommends $17,487,000 for land and resource information systems, 

$779,000 above the budget request and $403,000 above the fiscal 

year 2007 enacted level. 

Mining Law Administration.—The Committee recommends 

$34,696,000 for mining law administration as requested. Offsetting 

fees are equal to the amount made available to support this activity.

Workforce and Organizational Support.—The Committee recommends $149,946,000 for workforce and organizational support, 

$3,023,000 below the budget request and $213,000 above the fiscal 

year 2007 enacted level. The Committee has rejected the request 


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for $3,023,000 in this account related to development costs of the 

department-wide financial and business management system 

(FBMS). Funding for the FBMS activity has been consolidated in 

the ‘‘Office of the Secretary’’ account. 

Challenge Cost Share.—The Committee recommends $10,000,000 

for the Bureau’s traditional challenge cost share program, $643,000 

above both the budget request and the fiscal year 2007 enacted 

funding level. The Committee notes that the Bureau has very successfully used this funding to leverage private contributions and 

provide numerous projects which enhance public lands and public 

service. The Committee directs that future annual budget justifications should include a display summarizing past accomplishments 

and anticipated activities. 

Healthy Lands Initiative.—The Committee recommends 

$15,000,000 for the new Healthy Lands Initiative as requested. The 

Committee recommendation retains the funds in this new activity 

because the Committee has not yet determined how to distribute 

these new funds among the various program activities which will 

be doing the work, including land resources, wildlife and fisheries, 

threatened and endangered species and recreation management. 

Accordingly, the Committee directs the Bureau to consult with the 

House and Senate Committees on Appropriations and then provide 

a detail table within 60 days of enactment, which allocates these 

funds among pre-existing budget activities. Subsequent budget justifications should request funds for the initiative in the appropriate 

activities, and also include a cross-cutting table clearly indicating 

overall initiative funding. 

Although the Committee is hopeful that the Healthy Lands Initiative will address important conservation needs, the Committee 

expects the States and the private sector, which have greatly benefited from recent oil, gas and mineral activity on Bureau lands, to 

make substantial financial commitments to assist the Department’s

efforts. The Healthy Lands Initiative must be a science-based lands 

restoration effort, which features native species habitat restoration 

and protection, as well as public service and watershed protection. 

National Landscape Conservation System Program Increase.—

The Committee recommendation includes $10,000,000 to increase 

overall funding for management of the National Landscape Conservation System (NLCS), the Bureau’s network of national monuments, conservation areas, and other special lands. These funds are 

in addition to other funding increases provided within existing 

budget activities. The Committee directs the Bureau to consult 

with the House and Senate Committees on Appropriations and subsequently provide a detailed table within 60 days of enactment, 

which allocates these funds among appropriate, preexisting budget 

activities. Subsequent budget justifications should request funds 

for the NLCS in the appropriate activities, and also include a crosscutting table clearly indicating overall NLCS funding by budget activity and for each substantial unit of the NLCS. 


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CONSTRUCTION

Appropriation enacted, 2007 .............................................................. $11,751,000 

Budget estimate, 2008 ....................................................................... 6,476,000 

Recommended, 2008 ........................................................................... 6,476,000 

Comparison:

Appropriation, 2007 .................................................................... ¥5,275,000

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $6,476,000 for construction as requested, $5,275,000 below the 2007 enacted level. The Committee 

encourages the Bureau to request wildfire-related construction 

funding needs in this account in the future. 

Projects.—Congress has made significant reforms in the way it 

reviews funding for the Federal government; reforms which the 

Committee takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does 

not begin with Congress. It begins with the Executive Branch. For 

example, following is a list of some BLM construction projects submitted by the Administration: $2,368,000 for Lemhi River, ID, TMDL road maintenance, 

phase II $1,069,000 for Vernal district warehouse, UT, yard reconstruction

$396,000 for McInnis Canyons NCA, CO, kiosks 

The Administration, in selecting these projects, goes through a 

process that is the functional equivalent of earmarking. When the 

Committee reviews the budget request, it goes through a process 

of rigorous review and may alter or modify this list to reflect additional priorities. 

The Committee provides no recommendation at this time for specific projects contained either in the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 

will be considered comprehensively after the Committee has properly analyzed all relevant information. 

LAND ACQUISITION

Appropriation enacted, 2007 .............................................................. $8,634,000 

Budget estimate, 2008 ....................................................................... 1,619,000 

Recommended, 2008 ........................................................................... 18,634,000 

Comparison:

Appropriation, 2007 .................................................................... +10,000,000 

Budget estimate, 2008 ................................................................ +17,015,000 

The Committee recommends $18,634,000 for land acquisition, $10,000,000 above the fiscal year 2007 enacted level and 

$17,015,000 above the budget request. The Committee recommendation includes $1,569,000 for acquisi- tion management, $1,000,000 for emergencies and hardships, and 

$16,065,000 for land acquisition projects. 

The Committee has not agreed with the Administration’s proposal to generate revenues for land acquisition projects from the 

sale of subsurface mineral rights. 

Projects.—Congress has made significant reforms in the way it 

reviews funding for the Federal government; reforms which the 

Committee takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does 

not begin with Congress. It begins with the Executive Branch. The 


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following is a list of examples of land acquisition projects submitted 

by the Administration: $1,000,000 for Blackfoot River Special 

Recreation Management Area in Montana; $1,500,000 for the 

Upper Snake/South Fork Snake River Special Recreation Management Area; and $500,000 for the Upper Sacramento Area of Critical Environmental Concern. The Administration, in selecting these 

projects, goes through a process that is the functional equivalent of 

earmarking. When the Committee reviews the budget request, it 

goes through a process of rigorous review and may alter or modify 

this list to reflect additional priorities. 

The Committee provides no recommendations at this time for 

specific projects contained either in the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 

will be considered comprehensively after the Committee has properly analyzed all relevant information. 

OREGON AND CALIFORNIA GRANT LANDS

Appropriation enacted, 2007 .............................................................. $108,991,000 

Budget estimate, 2008 ....................................................................... 110,242,000 

Recommended, 2008 ........................................................................... 110,242,000 

Comparison:

Appropriation, 2007 .................................................................... +1,251,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $110,242,000 for the Oregon and 

California grant lands as requested, $1,251,000 above the fiscal 

year 2007 enacted level. The amounts recommended by the Committee compared with the budget estimates by activity are shown 

in the table at the beginning of the Bureau of Land Management 

entry.

FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

(REVOLVING FUND, SPECIAL ACCOUNT)

The Committee includes bill language, as in the past, allowing 

funds made available in the Forest Ecosystem Health and Recovery 

Fund to be used for various forestry purposes including planning, 

preparing, implementing and monitoring salvage timber sales and 

forest ecosystem restoration activities. This fund includes the Federal share of receipts derived from treatments funded by this account and deposited into this fund. 

RANGE IMPROVEMENTS

Appropriation enacted, 2007 .............................................................. $10,000,000 

Budget estimate, 2008 ....................................................................... 10,000,000 

Recommended, 2008 ........................................................................... 10,000,000 

Comparison:

Appropriation, 2007 .................................................................... 0 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends an indefinite appropriation of not 

less than $10,000,000 to be derived from public lands receipts and 

Bankhead-Jones Farm Tenant Act lands grazing receipts. The 

Committee has retained bill language as in previous years even 

though the Administration had requested its deletion. Receipts are 

used for construction, purchase, and maintenance of range improvements, such as seeding, fence construction, weed control, 


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water development, fish and wildlife habitat improvement, and 

planning and design of these projects. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

The Committee recommends an indefinite appropriation estimated to be $25,905,000 for service charges, deposits, and forfeitures. The Committee recommendation includes a modification of 

the Administration request to establish a new energy and minerals 

cost recovery program for oil and gas management activities. The 

request originally estimated that $21,000,000 would be generated 

within this account; instead, the recommendation moves the new 

cost recovery program to the Management of Lands and Resources 

appropriation where it is discussed further. The Service Charges, 

Deposits, and Forfeitures appropriation is offset with fees collected 

under specified sections of the Federal Land Policy and Management Act of 1976 and other Acts to pay for reasonable administrative and other costs in connection with rights-of-way applications 

from the private sector, miscellaneous cost-recoverable realty cases, 

timber contract expenses, repair of damaged lands, the adopt-ahorse program, the provision of copies of official public land documents and applications for permits to drill oil and gas wells. 

MISCELLANEOUS TRUST FUNDS

The Committee recommends an indefinite appropriation estimated to be $12,405,000, the budget request, for miscellaneous 

trust funds. The Federal Land Policy and Management Act of 1976 

provides for the receipt and expenditure of moneys received as donations or gifts (section 307). Funds in this trust fund are derived 

from the administrative and survey costs paid by applicants for 

conveyance of omitted lands (lands fraudulently or erroneously 

omitted from original cadastral surveys), from advances for other 

types of surveys requested by individuals, and from contributions 

made by users of Federal rangelands. Amounts received from the 

sale of Alaska town lots are also available for expenses of sale and 

maintenance of town sites. Revenue from unsurveyed lands, and 

surveys of omitted lands, administrative costs of conveyance, and 

gifts and donations must be appropriated before it can be used. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

Appropriation enacted, 2007 .............................................................. $758,355,000 

Budget estimate, 2008 ....................................................................... 801,849,000 

Recommended, 2008 ........................................................................... 806,644,000 

Comparison:

Appropriation, 2007 .................................................................... +48,289,000 

Budget estimate, 2008 ................................................................ +4,795,000 

The Committee recommends $806,644,000 for wildland fire management at the Department of the Interior, $4,795,000 above the 

budget request and $48,289,000 above the fiscal year 2007 enacted 

level. The amounts recommended by the Committee compared with 

the budget estimates by activity are shown in the table at the beginning of the Bureau of Land Management entry. 


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Wildfire Preparedness.—The Committee recommends 

$274,863,000 for wildfire preparedness, $6,529,000 above the request and equal to the fiscal year 2007 enacted level. The Committee believes that the Department and the Forest Service must 

work together, along with State and other partners, to maintain 

sufficient readiness with the preparedness program. The Committee rejects the requested funding cut for this important activity. 

The Committee expects that the Department will do its utmost to 

maintain wildfire suppression capability at least at the same levels 

as in fiscal year 2006. The Department should immediately notify 

the Committees on Appropriations if it appears that funding shortfalls may limit needed firefighting capacity. 

The Committee also notes the importance of the seemingly endless development of the Fire Program Analysis System jointly developed with the Forest Service. The Department and the Forest 

Service should continue this effort, but should provide public 

benchmarks, project costs, and progress reports, as well as summaries of expected model outputs, on the government wildfire management web site with quarterly updates. The full cost and scope 

of this effort should be included in subsequent budget justifications. 

Wildfire Suppression Operations.—The Committee recommends 

$294,398,000 for wildfire suppression operations, as requested, an 

increase of $45,213,000 above the fiscal year 2007 enacted funding 

level. The Committee recommendation fully meets the 10-year average expenditure on suppression actions which actually occurred, 

adjusted for inflation. The Committee remains concerned about the 

high costs of large fire incidents. The Department of the Interior, 

along with the Forest Service, should ensure that cost containment 

is an important priority when suppressing wildland fires. Therefore, the Committee directs the Department of the Interior and the 

Forest Service to continue reports required previously and to examine, using independent panels, any individual wildfire incident 

which results in expenses greater than $10,000,000. The Department should work carefully with the Forest Service, States, tribes 

and others to evaluate and implement various cost efficiencies, and 

jointly report back with the Forest Service to the Committee by 

March 30, 2008 on specific actions taken to potentially reduce the 

increased wildfire suppression costs. 

Hazardous Fuels.—The Committee has provided $202,792,000 for 

hazardous fuels reduction work as requested, an increase of 

$3,005,000 above the fiscal year 2007 level. 

The Committee is concerned that the Department does not have 

a fully open and coherent way of allocating hazardous fuels funds 

among bureaus, and among regions or States within bureaus. The 

Government Accountability Office (GAO) is continuing to evaluate 

this situation, but it is becoming increasingly clear that funding 

does not always go to the highest priority fuels projects. It is essential that scarce program dollars are used for projects which have 

the greatest benefit to the Nation. This will require much greater 

collaboration with the Forest Service and others. Funding allocations need to go to projects which reduce risk to communities and 

to firefighters, and should emphasize areas near large population 

centers. The Committee directs the Department and the Forest 

Service to deliver a joint report to the Committee by March 30, 


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2008, to be publicly posted on the wildfire management website, 

which clearly indicates how funds are allocated among bureaus, 

agencies, regions, and States. The report should include clear 

metrics to evaluate program performance, and these metrics must 

rely on measures that indicate project impacts to protect communities, lives, property, and ecosystems, and which reward successful 

field units that design projects in accordance with community wildfire protection plans or their equivalent. 

The Committee realizes that the existing designation of wildland/ 

urban interface (WUI) on maps includes areas that have extremely 

sparse human habitation, as well as areas of large cities and communities. The existing situation makes the WUI concept less useful 

in practice than it should be. Therefore, the Committee directs the 

partners to reevaluate the existing definitions and criteria for WUI 

and adjust the Forest Service, the Department of the Interior, and 

State maps and policies accordingly. 

Rehabilitation.—The Committee recommends $24,591,000 as requested for the burned area rehabilitation and restoration program, an increase of $1,805,000 above the fiscal year 2007 enacted 

level. The rehabilitation activity funds should be used for these 

purposes and not reprogrammed for other activities. Rehabilitation 

is a key aspect of the national fire plan. The Committee notes that 

record wildfire years have occurred recently, and the Interior Department lands have not had adequate restoration activities. The 

Interior Department and the Forest Service should include updates 

on rehabilitation needs in future budget justifications. As outlined 

in the budget request, the Committee expects the Department of 

the Interior, in close partnership with the Forest Service, to continue the native plant materials program funding no less than the 

fiscal year 2007 level. 

Fire Facilities.—The Committee recommends $4,000,000 for fire 

facilities, a decrease of $3,734,000 below both the request and the 

fiscal year 2007 enacted level. The Committee encourages the Department in the future to direct that each participating bureau 

fund these facilities through regular, intra-bureau construction selection criteria and bureau-specific construction accounts. 

Joint Fire Sciences Program.—The Committee recommends 

$6,000,000 for the joint fire science program, an increase of 

$2,000,000 above both the request and the fiscal year 2007 enacted 

level.

ADMINISTRATIVE PROVISIONS, BUREAU OF LAND MANAGEMENT

The Committee recommendation includes the administrative provisions as requested. The requested provisions includes a new item 

which provides a technical change to mining law which clarifies the 

time of day annual work on claims must be registered, and extends 

hereafter the Bureau’s authority to collect mining claim maintenance fees. The Committee includes a new provision which allows 

refunds or rebates received on an ongoing basis from an information technology vender to be deposited into the Bureau’s management of lands and resources fund to offset the Bureau’s costs incurred in providing this service. 


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UNITED STATES FISH AND WILDLIFE SERVICE

The mission of the U.S. Fish and Wildlife Service is to conserve, 

protect and enhance fish and wildlife and their habitats for the 

continuing benefit of people. The Service has responsibility for migratory birds, threatened and endangered species, certain marine 

mammals, and lands under Service control. 

The Service manages more than 96 million acres across the 

United States, encompassing a 547-unit National Wildlife Refuge 

System, additional wildlife and wetlands areas, and 70 National 

fish hatcheries. A network of law enforcement agents and port inspectors enforce Federal laws for the protection of fish and wildlife. 

In 2003, the Service celebrated the 100th anniversary of the establishment of the National Wildlife Refuge System. 

The amounts recommended by the Committee compared with the 

budget estimates by activity are shown in the following table: 


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RESOURCE MANAGEMENT

Appropriation enacted, 2007 .............................................................. $1,013,969,000 

Budget estimate, 2008 ....................................................................... 1,034,520,000 

Recommended, 2008 ........................................................................... 1,104,572,000 

Comparison:

Appropriation, 2007 .................................................................... +90,603,000 

Budget estimate, 2008 ................................................................ +70,052,000 

The Committee recommends $1,104,572,000 for resource management, an increase of $90,603,000 above the fiscal year 2007 level 

and $70,052,000 above the budget request. Changes to the budget 

request are detailed below. 

Ecological Services.—The Committee recommends $266,370,000 

for ecological services, an increase of $16,998,000 above the fiscal 

year 2007 level and $11,000,000 above the budget request. 

Changes from the request include increases of $500,000 for candidate conservation, $500,000 for listing, $1,000,000 for the consultation program, $4,000,000 for the recovery program, $1,000,000 

for the partners for fish and wildlife program, $500,000 for the national wetlands inventory program, $2,000,000 for the coastal programs, and $1,500,000 for environmental contaminants. 

The increase for the coastal programs is for the digital transformation of Coastal Barrier Resources Act maps. 

The increase for the national wetlands inventory is for additional 

wetlands mapping capabilities associated with preparing for and 

reacting to climate change. 

The increase for the environmental contaminants program is for 

partnering with other agencies on oil spill response and activities 

associated with preparing for and reacting to contaminants issues 

associated with climate change. 

The Committee is aware that the Department of the Interior is 

considering revisions to the regulations implementing the Endangered Species Act. The Committee is concerned that the potential 

scope of these changes may weaken the core protections provided 

to species under the Act. The Committee reminds the Service that 

revisions to the regulations must be clearly vetted through the public notification process. The Committee also expects the Service to 

fully comply with the laws and procedures regarding regulation 

changes and Federal Register notices and encourages the Service 

to exercise the option of allowing an extended public comment period.

The Committee encourages the Service to investigate ways to reduce its growing costs for publishing notices in the Federal Register by providing references and links in the Register to information that is readily available on the internet. 

National Wildlife Refuge System.—The Committee recommends 

$451,004,000 for the National Wildlife Refuge System, an increase 

of $55,671,000 above the fiscal year 2007 level and $56,200,000 

above the budget request. 

The Committee recommendation includes an increase of 

$50,200,000 for refuge operations and $6,000,000 for refuge maintenance.

The increase for refuge operations includes $30,000,000 in wild- life and habitat management, $9,200,000 for visitor services, 

$5,000,000 for law enforcement, $3,000,000 for challenge cost-share 


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partnerships, $1,000,000 for invasive species eradication activities 

with volunteer groups, $1,000,000 for increased support of general 

volunteer programs, and $1,000,000 for refuge conservation planning.

The funding provided for wildlife and habitat management, visitor services, and law enforcement should be distributed outside of 

the Refuge Operations Needs System (RONS) and provide increases to cover base operational needs and staffing shortfalls nationwide. Consideration should be given to those regions and areas 

that have the highest staffing shortfalls and needs. The Committee 

is concerned that the Service follows the practice of allocation by 

tradition rather than funding the highest national needs. 

The Committee recognizes that the growing disconnection of 

America’s children from the natural world impacts the children’s

health as well as the future of natural resource conservation. Within the visitor services increases, the Refuge System, in partnership 

with the Service’s National Conservation Training Center, should 

implement projects that help connect children and their families 

with nature. 

Refuge law enforcement funding should be used to address problems associated with the Southwestern border and increase law enforcement visibility on refuges nationwide. The Committee has further addressed the Southwestern border issue at the front of this 

report.

With the increased funding for refuge planning, the Committee 

advises the Service and its partners to take steps to integrate State 

Wildlife Action Plans, Refuge Comprehensive Conservation Plans, 

the National Fish Habitat Action Plan, and other conservation 

planning tools to improve connectivity between refuges, hatcheries 

and all other state, tribal and Federal conservation lands. 

The increase for refuge maintenance includes $3,000,000 for annual maintenance and $3,000,000 for high priority maintenance 

staffing needs. 

The Service is directed to report to the Committee on the 

planned allocation of refuge system funding increases 60 days after 

the enactment of this appropriation. 

The Committee is concerned about the increasing number of refuges that are being consolidated into ‘‘complexes’’, where the staff 

and decisions concerning the refuge’s management are moved too 

far from the resources and communities they serve. Additionally, 

the practice of consolidating refuges seems to be inconsistently applied among Service regions. The Committee suggests that the 

Service reduce the number of complexed refuges to the maximum 

extent possible and report on its plans for consolidating or reversing previous consolidations of refuge management by January 30, 

2008.

Migratory Bird Management and Law Enforcement.—The Committee recommends $101,667,000 for migratory bird management 

and law enforcement, an increase of $4,016,000 above the fiscal 

year 2007 level and $3,500,000 above the budget request. Changes to the request include increases of $1,000,000 for the 

migratory bird management, National Bird Conservation Initiative 

and $2,500,000 for law enforcement special agent staffing shortfalls 

nationwide.


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Fisheries.—The Committee recommends $126,254,000 for fisheries, an increase of $9,076,000 above the fiscal year 2007 enacted 

level and $1,500,000 above the budget request. Changes to the request include $1,000,000 for national fish 

hatchery operations and $500,000 for fish hatchery annual maintenance.

The Committee directs the Service to work with the Corp of Engineers and other Federal partners to obtain full reimbursement 

for the operation and maintenance of mitigation hatcheries in the 

National Fish Hatchery System. 

The Committee commends the Service for the increases requested for the National Fish Passage Program and the National 

Fish Habitat Action Plan. These programs are vital to the future 

of the Nation’s fish and aquatic communities. The Committee encourages the Service to continue to expand its partnerships with 

State, tribal, Federal and private partners to coordinate a unified 

approach to fish habitat restoration nationwide. 

General Administration.—The Committee recommends 

$159,277,000 for general administration, an increase of $4,842,000 

above the fiscal year 2007 enacted level and a decrease of 

$2,148,000 below the budget request. The Committee has rejected the request for $2,148,000 related to 

development costs of the department-wide financial and business 

management system (FBMS). Funding for FBMS activity has been 

consolidated in the ‘‘Office of the Secretary’’ account. 

Bill Language.—The Committee recommends continuing bill language to limit funding for the endangered species listing program. 

A total of $18,763,000 is for listing, of which $12,926,000 is for critical habitat designation. 

CONSTRUCTION

Appropriation enacted, 2007 .............................................................. $45,300,000 

Budget estimate, 2008 ....................................................................... 23,071,000 

Recommended, 2008 ........................................................................... 31,653,000 

Comparison:

Appropriation, 2007 .................................................................... ¥13,647,000

Budget estimate, 2008 ................................................................ +8,582,000 

The Committee recommends $31,653,000 for construction, a decrease of $13,647,000 below the fiscal year 2007 enacted level and 

an increase of $8,582,000 above the budget request. 

The construction funding includes $9,901,000 for nationwide engineering services, $13,252,000 for line-item construction projects, 

$6,000,000 for the visitor facility enhancements program, and 

$2,500,000 to replace waterfowl survey aircraft. 

Projects.—Congress has made significant reforms in the way it 

reviews funding for the Federal government; reforms which the 

Committee takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does 

not begin with Congress. It begins with the Executive Branch. The 

following is a list of examples of construction projects submitted by 

the Administration: $2,000,000 for the Devil’s Kitchen Dam on 

Crab Orchard National Wildlife Refuge in Illinois; $2,037,000 for 

the Jackson National Fish Hatchery in Montana; and $2,346,000 to 

replace a fueling facility at Midway Atoll National Wildlife Refuge 


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in Hawaii. The Administration, in selecting these projects, goes 

through a process that is the functional equivalent of earmarking. 

When the Committee reviews the budget request, it goes through 

a process of rigorous review and may alter or modify this list to reflect additional priorities. 

The Committee provides no recommendation at this time for specific projects contained either in the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 

will be considered comprehensively after the Committee has properly analyzed all relevant information. 

LAND ACQUISITION

Appropriation enacted, 2007 .............................................................. $28,046,000 

Budget estimate, 2008 ....................................................................... 18,011,000 

Recommended, 2008 ........................................................................... 43,046,000 

Comparison:

Appropriation, 2007 .................................................................... +15,000,000 

Budget estimate, 2008 ................................................................ +25,035,000 

The Committee recommends an appropriation of $43,046,000 for 

land acquisition, $15,000,000 above the fiscal year 2007 enacted 

level and $25,035,000 above the budget request. 

The land acquisition funding includes $28,650,000 for acquisition 

projects, $1,500,000 for inholdings, $1,478,000 for emergencies and 

hardships, $1,485,000 for exchanges, $8,140,000 for acquisition 

management, and $1,793,000 for the cost allocation methodology. 

Projects.—Congress has made significant reforms in the way it 

reviews funding for the Federal government; reforms which the 

Committee takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does 

not begin with Congress. It begins with the Executive Branch. The 

following is a list of examples of land acquisition projects submitted 

by the Administration: $1,851,000 for the Upper Klamath National 

Wildlife Refuge in Oregon and $1,044,000 for the Key Deer National Wildlife Refuge in Florida. The Administration, in selecting 

these projects, goes through a process that is the functional equivalent of earmarking. When the Committee reviews the budget request it goes through a process of rigorous review and may alter 

or modify this list to reflect additional priorities. 

The Committee provides no recommendation at this time for specific projects contained either in the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 

will be considered comprehensively after the Committee has properly analyzed all relevant information. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

Eighty percent of the habitat for more than half of the listed endangered and threatened species is on private land. The Cooperative Endangered Species Conservation Fund provides grants to 

States and territories for endangered species recovery actions on 

non-Federal lands and provides funds for non-Federal land acquisition to facilitate habitat protection. Individual States and territories provide 25 percent of grant project costs. Cost sharing is reduced to 10 percent when two or more States or territories are involved in a project. 


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Appropriation enacted, 2007 .............................................................. $81,001,000 

Budget estimate, 2008 ....................................................................... 80,001,000 

Recommended, 2008 ........................................................................... 81,001,000 

Comparison:

Appropriation, 2007 .................................................................... 0 

Budget estimate, 2008 ................................................................ +1,000,000 

The Committee recommends $81,001,000 for the cooperative endangered species conservation fund, the same as the fiscal year 

2007 enacted level and an increase of $1,000,000 above the budget 

request. The change to the budget request is an increase of 

$1,000,000 for habitat conservation plan land acquisition. The 

$5,067,000 requested for the Nez Perce/Snake River water settlement has been funded under the Bureau of Indian Affairs, Indian 

Land and Water Claims Settlements, and the funding for habitat 

conservation plan acquisition has been increased by that amount. 

Funds for this program are not derived from the Land and Water 

Conservation Fund as proposed by the Administration. 

NATIONAL WILDLIFE REFUGE FUND

This program makes payments in lieu of taxes to counties in 

which Service lands are located based on their fair market value. 

Payments to counties are estimated to be $19,328,000 in fiscal year 

2008 with $14,202,000 derived from this appropriation and 

$5,126,000 from net refuge receipts estimated to be collected in fiscal year 2007. 

Appropriation enacted, 2007 .............................................................. $14,202,000 

Budget estimate, 2008 ....................................................................... 10,811,000 

Recommended, 2008 ........................................................................... 14,202,000 

Comparison:

Appropriation, 2007 .................................................................... 0 

Budget estimate, 2008 ................................................................ +3,391,000 

The Committee recommends $14,202,000 for the National Wildlife Refuge Fund, the same as the fiscal year 2007 enacted level 

and $3,391,000 above the budget request. 

NORTH AMERICAN WETLANDS CONSERVATION FUND

The U.S. Fish and Wildlife Service, through the North American 

Wetlands Conservation Fund, leverages partner contributions for 

wetlands conservation. Projects to date have been in 50 States, 13 

Canadian provinces, 25 Mexican states, and the U.S. Virgin Islands. In addition to this appropriation, the Service receives funding from: fines for violations of the Migratory Bird Treaty Act; interest earned on tax receipts in the Federal Aid in Wildlife Restoration account from taxes on firearms, ammunition, archery equipment, pistols, and revolvers; and from the Sport Fish Restoration 

account from taxes on fishing tackle and equipment, electric trolling motors and fish finders; and certain marine gasoline taxes. By 

law, sport fish restoration receipts are used for coastal wetlands in 

States bordering the Pacific and Atlantic Oceans, States bordering 

the Great Lakes, Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the freely associated 

States in the Pacific, and American Samoa. 


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Appropriation enacted, 2007 .............................................................. $39,412,000 

Budget estimate, 2008 ....................................................................... 42,646,000 

Recommended, 2008 ........................................................................... 42,646,000 

Comparison:

Appropriation, 2007 .................................................................... +3,234,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $42,646,000 for the North American 

Wetlands Conservation Fund, an increase of $3,234,000 above the 

fiscal year 2007 enacted level and the same as the budget request. 

The Committee commends the Administration for requesting an 

increase in this program that enjoys broad public and Congressional support. 

Funds for this program are not derived from the Land and Water 

Conservation Fund as proposed by the Administration. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

The Neotropical Migratory Bird Conservation Act of 2000 authorizes grants for the conservation of neotropical migratory birds in 

the United States, Latin America and the Caribbean, with 75 percent of the amounts available to be expended on projects outside 

the U.S. There is a three-to-one matching requirement under this 

program.

Appropriation enacted, 2007 .............................................................. $3,941,000 

Budget estimate, 2008 ....................................................................... 3,960,000 

Recommended, 2008 ........................................................................... 5,000,000 

Comparison:

Appropriation, 2007 .................................................................... +1,059,000 

Budget estimate, 2008 ................................................................ +1,040,000 

The Committee recommends $5,000,000 for the neotropical migratory bird conservation program, an increase of $1,059,000 above 

the fiscal year 2007 enacted level and $1,040,000 above the budget 

request.

MULTINATIONAL SPECIES CONSERVATION FUND

This account combines funding for programs under the former rewards and operations (African elephant) account, the former rhinoceros and tiger conservation account, the Asian elephant conservation program, and the great ape conservation program. 

The African Elephant Act of 1988 established a fund for assisting 

nations and organizations involved with conservation of African 

elephants. The Service provides grants to African nations and to 

qualified organizations and individuals to protect and manage critical populations of these elephants. 

The Rhinoceros and Tiger Conservation Act of 1994 authorized 

programs to enhance compliance with the Convention on International Trade in Endangered Species (CITES) and U.S. or foreign 

laws prohibiting the taking or trade of rhinoceros, tigers, or their 

habitat.

The Asian Elephant Conservation Act of 1997 authorized a grant 

program, similar to the African elephant program, to enable cooperators from regional and range country agencies and organizations to address Asian elephant conservation problems. The world’s

surviving populations of wild Asian elephants are found in 13 

south and southeastern Asian countries. 


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The Great Ape Conservation Act of 2000 authorized grants to foreign governments, the CITES secretariat, and non-governmental 

organizations for the conservation of great apes. 

Appropriation enacted, 2007 .............................................................. $6,404,000 

Budget estimate, 2008 ....................................................................... 4,257,000 

Recommended, 2008 ........................................................................... 10,000,000 

Comparison:

Appropriation, 2007 .................................................................... +3,596,000 

Budget estimate, 2008 ................................................................ +5,743,000 

The Committee recommends $10,000,000 for the multinational 

species conservation fund, an increase of $3,596,000 above the fiscal year 2007 enacted level and $5,743,000 above the budget request.

The funding levels are as follows: $2,500,000 for rhinoceros and tiger conservation, $1,500,000 for marine turtle conservation, and 

$2,000,000 each for African elephant conservation, Asian elephant 

conservation, and great ape conservation. 

STATE AND TRIBAL WILDLIFE GRANTS

The State and tribal wildlife grants program provides funds for 

States to implement their comprehensive wildlife conservation 

plans for species of greatest conservation need. States are required 

to provide at least a 50 percent cost share for grants that implement the State Wildlife Action Plans. 

Appropriation enacted, 2007 .............................................................. $67,492,000 

Budget estimate, 2008 ....................................................................... 69,492,000 

Recommended, 2008 ........................................................................... 85,000,000 

Comparison:

Appropriation, 2007 .................................................................... +17,508,000 

Budget estimate, 2008 ................................................................ +15,508,000 

The Committee recommends $85,000,000 for State and tribal 

wildlife grants, an increase of $17,508,000 above the fiscal year 

2007 enacted level and $15,508,000 above the budget request. 

Within the amount provided, $7,000,000 is for competitively awarded grants to Indian tribes. 

The Committee is encouraged by the quality of the completed 

State wildlife action plans. The Committee believes that these 

plans must serve as anchors for conservation efforts of key habitats 

and species of greatest concern in the States. The States should 

promote these plans to build additional financial support and resources at the State and local level for wildlife conservation and 

not rely entirely on Federal funding. The Committee encourages 

the Service and its partners to take steps to integrate State wildlife 

action plans with other Federal, State, tribal and local conservation 

planning tools to advance wildlife conservation efforts nationwide. 

The Committee expects the Service and the States to develop and 

implement data and mapping standards so that management activities are strategically coordinated and conservation results consistently measured. Additionally, the Service should advocate cooperative projects that involve multiple States or tribes when key 

habitats cross State or tribal boundaries. 

The Committee has accepted the Administration’s proposal to 

discontinue the landowner incentive and private stewardship 

grants programs and believes funding for the State wildlife action 


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program and for other existing Service grant programs will adequately replace these efforts with a more coordinated focus on species, habitats, and ecosystems of greatest conservation need. 

NATIONAL PARK SERVICE

The mission of the National Park Service is to preserve 

unimpaired the natural and cultural resources and values of the 

national park system for the enjoyment, education, and inspiration 

of this and future generations. Established in 1916, the National 

Park Service has stewardship responsibilities for the protection and 

preservation of the heritage resources of the national park system. 

The system, consisting of 391 separate and distinct units, is recognized globally as a leader in park management and resource preservation. The national park system represents much of the finest 

the Nation has to offer in terms of scenery, historical and archeological relics, and cultural heritage. Through its varied sites, the 

National Park Service attempts to explain America’s history, interpret its culture, preserve examples of its natural ecosystems, and 

provide recreational and educational opportunities for U.S. citizens 

and visitors from all over the world. In addition, the National Park 

Service provides support to tribal, local, and State governments to 

preserve culturally significant, ecologically important, and public 

recreational lands. 

The bill includes a total of $2,512,172,000 in the aggregate for 

the National Park Service, an increase of $222,737,000 over the fiscal year 2007 enacted level and an increase of $148,388,000 over 

the request. These funds are allocated among six different appropriation accounts as described below: 


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NATIONAL PARK SERVICE CENTENNIAL

Restoring the Parks for the Centennial.—The National Park Service (NPS) will be 100 years old in 2016 and the Service has embarked on an historic ten-year, $3 billion effort to enhance the national parks leading up to the Centennial celebration. The Committee welcomes the Administration’s new initiative and has, with 

the few exceptions noted below, approved the budget request in 

support of the Centennial effort. The $2,512 million recommended 

in this bill for 2008 is the largest appropriation ever for the Parks, 

an increase of $223 million over the 2007 enacted level. These 

amounts will provide the resources to begin preparing the system 

for a second century of conservation, environmental stewardship 

and recreation benefiting millions of visitors from throughout the 

world. The fiscal year 2008 increase includes, for example: 

A $199 million increase for core park operations, the largest 

increase for park operations in history and an 11 percent increase over fiscal year 2007. Every park in the system will receive a budget increase in fiscal year 2008. 

Provides full fixed costs for parks for the second year in a 

row.

Provides $40.6 million for 3,000 new seasonal, uniformed 

park rangers for interpretation, maintenance, and resource 

protection to augment existing seasonal staff. In addition to 

the seasonals, funding is provided to increase permanent staffing by 590 full time equivalents (FTEs). 

Provides $50 million in additional funds for facility maintenance programs of cyclic maintenance and repair and rehabilitation.

Provides $3.8 million to expand park volunteer programs, $1 

million to expand the junior ranger program, $1.8 million to 

augment youth programs, and $1 million to improve the NPS 

website content and better connect to all segments of the population.

The Committee believes that the fiscal year 2008 request provides an excellent foundation for the ten-year effort to achieve 

these goals and commends the Secretary of the Interior and Director of the National Park Service for their leadership in presenting 

this request. 

Centennial Challenge Matching Funds.—A key part of the Centennial effort is its ten-year proposal for a $2 billion public-private 

partnership program called the Centennial Challenge. This is in 

addition to the $1 billion commitment for enhancements in the 

basic operational budget of the parks. Under the Centennial Challenge program, $200 million per year, $100 million each of public 

and private funds, would be dedicated to support ‘‘signature

projects,’’ which provide critical enhancements for the parks beyond 

the amounts necessary for their basic operations. The President 

has proposed new legislation providing that the $100 million of annual public funding for this program be permanent funding. This 

legislation is being considered by the Natural Resources Committee, but it may not be enacted in time for fiscal year 2008. For 

this reason, the Committee has recommended a 2008 discretionary 

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share authorization, to initiate this important aspect of the Centennial effort. 

The Committee notes that the National Park System has a long 

history of philanthropic support and encourages this public-private 

partnership effort. It wishes, however, to emphasize several points 

in approving funds for this purpose. 

First, the amount provided for the Centennial Challenge is intended to supplement funding for core operations. The Committee 

expects the Administration to fully fund the day-to-day operational 

costs of the parks through its core appropriations accounts. 

Second, the Park Service should be aggressive in structuring its 

partnership agreements to avoid projects which commercialize the 

parks and ensure that projects are chosen through a transparent 

and completely apolitical process. 

Lastly, the Service, in structuring this large public-private partnership, must ensure that control of projects remains with the Federal government and that projects are consistent with Park Service 

needs and priorities, as reflected in general management plans or 

other Service-wide needs documents. In order to ensure that appropriated funds are spent on activities which meet these standards, 

the Committee directs that the House and Senate Appropriations 

Committees be kept informed as the Centennial Challenge program 

criteria are finalized. It also directs that the Committees be consulted before final action is taken on all projects. 

The Committee, in approving these funds, recognizes that the 

scope of this effort, both in terms of the amounts of money and duration of time, is unique and that new procedures and mechanisms 

may be required for handling private donations of this magnitude. 

This includes financial arrangements through private foundations 

or other third parties. It is essential, however, that control of 

projects be retained by the National Park Service, which retains 

the fundamental stewardship responsibility for the parks. 

OPERATION OF THE NATIONAL PARK SYSTEM

Appropriation enacted, 2007 .............................................................. $1,847,897,000 

Budget estimate, 2008 ....................................................................... 2,057,132,000 

Recommended, 2008 ........................................................................... 2,046,809,000 

Comparison:

Appropriation, 2007 .................................................................... +198,912,000 

Budget estimate, 2008 ................................................................ ¥10,323,000

The Committee recommends $2,046,809,000 for operation of the 

National Park System (NPS), an increase of $198,912,000 above 

the 2007 enacted level and $10,323,000 below the request. This account funds the day-to-day operations of individual park units as 

well as regional and headquarters support operations. This includes funding for 21,589 FTE positions. The increases approved by 

the Committee include the full amount necessary to cover fixed 

costs and support for an additional 3,000 seasonal employees and 

590 additional full-year FTE positions, as requested. This is the 

largest increase for the park operations ever requested or appropriated. Funds will be used to restore staffing for parks in areas 

of visitor services, maintenance and interpretation as well as for rebuilding and refurbishing park landscapes and infrastructure. 


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The Committee has consolidated funding for activities of the 

United States Park Police within the ‘‘Operations of the National 

Park System’’ account to allow more flexibility in administering 

this budget. Funding was requested in a separate account by the 

President. The Committee has approved the full amount requested 

for the Park Police, $88,122,000. 

The Committee has not approved the request for $7,000,000 to 

initiate restoration studies related to the Hetch Hetchy Valley in 

California. This highly controversial proposal, with a potential cost 

of as much as $10 billion, was not well justified in the budget materials. The Committee has also rejected the request for $5,108,000 

in this account related to development costs of the department-wide 

Financial and Business Management System (FBMS). Funding for 

FBMS activity has been consolidated in the ‘‘Office of the Secretary’’ account. Lastly, the Committee has reallocated $1,000,000 

from ‘‘maintenance’’ to ‘‘park support’’ to expand social science support for the park system, as discussed below. 

Park Base Funding.—The Committee has provided not less than $1,233 million for the support of individual park units under the 

‘‘park base’’ funding category. This is an increase of $105 million 

over the 2007 enacted level and the same as the President’s request. This increase will support improved visitor services including, but not limited to, education, interpretation, maintenance and 

law enforcement. All parks will benefit from this increase. Funding 

provided for the direct support of parks through the ‘‘park base’’ activity should not be reduced or reallocated to any other activity 

without the express approval of the House and Senate Committees 

on Appropriations following the reprogramming guidelines in this 

report.

Social Science Support/Diversity in the Parks.—The Committee 

continues to be concerned that minorities do not use the parks 

more frequently despite their growing numbers within the U.S. 

population. To address this challenge, the Committee believes that 

the Service must first improve its system for collecting basic visitation statistics, including which demographic and economic groups 

are not using the parks and why. To address these challenges, the 

Committee has reallocated $1,000,000 from the maintenance program to park support to expand the social science capacity of the 

park system. 

South Florida Initiative.—The Committee continues to support 

the restoration of the Everglades and the protection and preservation of the national parks and national wildlife refuges located in 

South Florida. Since this initiative began over a decade ago, the 

Committee has provided over $1 billion to the Department of the 

Interior and its bureaus for restoration projects and activities. The 

Committee appreciates the progress that has been made to restore 

the Everglades but it remains critical to hold all parties accountable for the environmental goals, which are the ultimate justification for the public’s investment and support. Without clean water, 

the Everglades will be irretrievably altered, and its unique habitat 

will continue to be degraded. The Committee intends to continue 

to monitor this project carefully and requests that the Department 

submit a detailed report by February 1, 2008, describing the status 

of the Everglades restoration program. 


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The following additional guidance is provided with respect to 

funding provided under this account: 

National Trail System.—The Committee has provided $10,000,000 for the National Trail System, an increase of 

$1,785,000 above the request. 

Partnerships Wild and Scenic Rivers.—The Committee has pro- vided $2,000,000 for the Partnerships Wild and Scenic Rivers program, an increase of $1,142,000 above the request. This funding 

level permits inclusion of additional partnerships and expanded 

support for existing programs. 

Park Service Police Helicopter.—The Committee is aware that the 

Park Service Police helicopter is aging and encourages the Service 

to develop a plan for its replacement in its fiscal year 2009 budget 

submission.

Civil War Sesquicentennial.—The Committee encourages the 

Park Service to begin a focused effort to develop plans for commemoration of the 150th anniversary of the Civil War and to submit a report to the Committee prior to the fiscal year 2009 appropriations hearings on its efforts in this regard. The Committee also 

wishes to commend the Service for its expanded efforts to include 

the role of slavery in its interpretations at Civil War battlefields 

and monuments. 

Japanese American Confinement Sites.—The Committee is aware 

that legislation passed at the end of the 109th Congress authorizing a new program of grant support to preserve Japanese American World War II confinement sites through partnerships with 

local preservation groups (P.L. 109–441). The Committee directs 

that the Service analyze the scope of such an effort and submit a 

report on how this legislation might be implemented. The Committee expects to receive this report prior to the fiscal year 2009 

appropriation hearings. 

Buffalo National River.—The Committee expects the Service to 

fully consult with local and regional officials and the public before 

taking any actions with respect to access or road closings related 

to the Buffalo National River, Arkansas. 

Gettysburg Historic Landscape.—The Committee remains supportive of efforts to restore the historic landscapes of the Gettysburg battlefields. 

Chesapeake Bay Historic Heritage Support.—The Committee is 

fully supportive of Park Service activities related to historic tourism and recreation in the Chesapeake Bay region and encourages 

continuation of these efforts. 

Mississippi National River and Recreation Area Visitor Center.—

The Committee encourages the National Park Service to consider 

recognizing the contributions of former Congressman Bruce Vento 

to the creation of the Mississippi National River and Recreation 

Area by naming its new visitor center in his honor. 

Connecting Children with Nature.—The Committee recognizes 

that the growing disconnection of America’s children from the natural world impacts the children’s health as well as the future of 

natural resource conservation. The Service should implement 

projects that help connect children and their families with nature 

using visitor services and Centennial Challenge funds, as appropriate.


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4th of July and Memorial Day Concerts.—The Committee is appreciative of the Park Service support of the 4th of July and Memorial Day concerts conducted on the grounds of the U.S. Capitol and 

has included funds which will allow expansion of this support at 

levels determined to be appropriate by the Director. 

Brown v. Board of Education National Historic Site.—The Committee is supportive of efforts by the Service for enhanced interpretation and visitor services at the Brown v. Board of Education National Historic Site and encourages the continuation of these activities.

Virgin Islands National Park.—The Committee supports the Department’s proposal to convert the present retained use estate at 

Virgin Islands National Park to a lease and urges the Department 

to move expeditiously to achieve that goal. 

National Park System Advisory Board.—The Committee has included language in the bill extending the authorization for the National Park System Advisory Board for one year. 

Urban Park and Recreation Recovery Program.—The Secretary 

and National Park Service have on-going statutory duties with respect to the Urban Park and Recreation Recovery (UPARR) program (16 USC 2501 et seq.) that are unaffected by funding levels 

in this bill. The Committee expects the Park Service to continue to 

carry out these duties, including, but not limited to, on-going monitoring and active enforcement of Section 1010 (16 USC 2509) concerning conversion of UPARR-funded projects from public recreational use to other uses. 

Kenilworth Park South:—The Committee is aware of efforts by 

non-profit organizations to partner with the National Park Service 

in providing educational and recreational facilities on National 

Park Service property at Kenilworth Park South in the District of 

Columbia whose primary purpose will be the development of life 

skills and character-enhancing values. The Committee encourages 

the National Park Service to act promptly on this partnership proposal.

CENTENNIAL CHALLENGE

Appropriation enacted, 2007 .............................................................. $0 

Budget estimate, 2008 ....................................................................... 100,000,000* 

Recommended, 2008 ........................................................................... 50,000,000 

Comparison:

Appropriation, 2007 .................................................................... +50,000,000 

Budget estimate, 2008 ................................................................ ¥50,000,000

*These funds were requested as permanent funding under the President’s budget. This proposal has not 

yet been considered by the Congress. Funds in this bill are annual appropriations. 

The bill includes $50,000,000 of annual appropriations to initiate 

the new Centennial Challenge matching grant program. This is in 

lieu of the $100,000,000 of permanent appropriation funding proposed by the President but not yet enacted into law. The Committee’s instructions regarding the expenditure of these funds are included under the section on the ‘‘National Park Service Centennial.’’

NATIONAL RECREATION AND PRESERVATION

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tional heritage resources, technical assistance to Federal, State and 

local agencies, and administration of Historic Preservation Fund 

grants.

Appropriation enacted, 2007 .............................................................. $54,369,000 

Budget estimate, 2008 ....................................................................... 48,885,000 

Recommended, 2008 ........................................................................... 62,881,000 

Comparison:

Appropriation, 2007 .................................................................... +8,512,000 

Budget estimate, 2008 ................................................................ +13,996,000 

The Committee recommends $62,881,000 for national recreation 

and preservation, an increase of $13,996,000 above the request and 

an increase of $8,512,000 above the enacted level (see NPS table 

for details). 

Heritage Partnership Program.—The Committee recommends 

$20,000,000 for the heritage partnership program, an increase of 

$9,996,000 over the budget request and $6,665,000 above the enacted level. These funds finance grants to local non-profit groups 

in support of historical and cultural recognition, preservation and 

tourism activities. The Committee has recommended this increase 

to allow funding for the expanded number of heritage partnerships 

authorized during the 109th Congress. The number of authorized 

partnerships has increased from 27 to 37. The Committee has not 

specified funding levels for individual heritage partnership grants 

in the bill or in this report. The Park Service is directed to allocate 

funding based on competitive criteria, following the general approach used in 2007. 

Statutory or Contractual Aid.—The Committee has recommended 

$5,000,000 for grants and contracts in support of national, State 

and regional recreation and preservation activities. This is 

$1,777,000 above the 2007 enacted level. The President did not request funding for this program. 

National Inventory of Historic Properties within the National 

Park System.—The Committee has not approved the request for $1 

million to begin a ten-year program to inventory all historic assets 

within the national parks. The Committee does not believe that the 

budget adequately justifies this program. In particular, the Committee did not have enough information about the definitions of 

historic assets to be used, methodologies for conducting the inventories or the long-term cost of such an undertaking. 

HISTORIC PRESERVATION FUND

The Historic Preservation Fund allows the State historic preservation offices to perform a variety of functions. These include State 

management and administration of existing grant obligations; review and advice on Federal projects and actions; determinations 

and nominations to the National Register; Tax Act certifications; 

and technical preservation services. The States also review properties to develop data for planning use. Funding in this account 

also supports direct grants to qualifying organizations for individual preservation projects and for activities in support of heritage 

tourism and local historic preservation. 


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Appropriation enacted, 2007 .............................................................. $55,663,000 

Budget estimate, 2008 ....................................................................... 63,658,000 

Recommended, 2008 ........................................................................... 81,500,000 

Comparison:

Appropriation, 2007 .................................................................... +25,837,000 

Budget estimate, 2008 ................................................................ +17,842,000 

The Committee recommends $81,500,000 for historic preservation programs, an increase of $17,842,000 above the request and 

$25,837,000 above the enacted level (see NPS table for details). 

State Historic Preservation Offices.—The Committee is fully supportive of longstanding efforts of the State Historic Preservation 

Offices to identify and protect irreplaceable historic and archeological resources. The Committee has provided $45,000,000 for 

State Historic Preservation offices, an increase of $7,783,000 over 

the 2007 enacted level for these programs. 

National Inventory of Historic Properties.—The Committee has 

not approved the request for $4 million to begin a ten-year program 

to inventory all historic assets throughout the United States. While 

the Committee believes that the concept of a comprehensive inventory and database of historic sites has potential merit, it does not 

believe that the 2008 budget request adequately justified this expenditure. In particular, the Committee did not have enough information about the definitions of historic assets to be used, methodologies for conducting the inventories or the long term cost of 

such an undertaking. 

Historically Black Colleges and Universities (HBCU) Grants.—

The Committee remains strongly supportive of HBCU historic preservation activities, but there have been significant carryover balances over the last three years in this program. The Committee has 

deferred consideration of further funding for this program until 

prior year funds have been utilized. 

Save America’s Treasures.—The Committee has recommended 

$20,000,000 for the Save America’s Treasures program for 2008. 

This is $10,000,000 more than requested by the President and 

$11,926,000 more than the 2007 enacted level. These funds are 

used to make small, one-time grants for specific local, historic 

projects to preserve a building or artifact which might otherwise be 

lost to future generations. All projects require a 50 percent match. 

Preserve America.—The Committee has recommended 

$10,000,000 for the Preserve America program, the same as requested by the President and $5,074,000 above the 2007 enacted 

level. This program provides small grants to local communities in 

support of heritage tourism, education and historic preservation 

planning activities. The Committee is fully supportive of this program.

CONSTRUCTION

Appropriation enacted, 2007 .............................................................. $297,482,000 

Budget estimate, 2008 ....................................................................... 201,580,000 

Recommended, 2008 ........................................................................... 201,580,000 

Comparison:

Appropriation, 2007 .................................................................... ¥95,902,000

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $201,580,000 for construction, the 

same amount as the budget request and a decrease of $95,902,000 


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below the 2007 enacted level. While the construction and facility 

improvement needs of the parks are substantial, the Park Service 

construction program has had significant funding increases in recent years and has accumulated a large backlog of incomplete 

projects. Agency personnel testified to the Committee that there 

are over $370 million of unobligated balances in the ‘‘Construction’’

account. Based on this information, the Committee recommends approval of the budget request. 

Bill language carried in previous years requiring pre-approval by 

the Committee of any partnership construction agreement with a 

value in excess of $5 million has been deleted from the bill. The 

Committee directs, however, that the Service continue to submit 

such projects for review in advance of final approval, as in previous 

years.

Projects.—Congress has made significant reforms in the way it 

reviews funding for the Federal government; reforms which the 

Committee takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does 

not begin with Congress. It begins with the Executive Branch. Following are examples of National Park Service construction projects 

submitted by the Administration: 

Everglades National Park water delivery projects (FL), .................... $14,526,000 

Ford’s Theater National Historic site (DC) ......................................... 3,521,000 

Channel Islands National Park, pier replacement (CA) ..................... 9,294,000 

Five Forks National Historic Landmark (VA) ..................................... 3,045,000 

Redwood National Park maintenance facility (CA) ............................ 11,144,000 

San Francisco National Maritime Park amphitheater (CA) .............. 10,051,000 

White House, Washington, utility upgrade (DC) ................................ 5,902,000 

The Administration, in selecting these projects, goes through a 

process that is the functional equivalent of earmarking. When the 

Committee reviews the budget request, it goes through a process 

of rigorous review and may alter or modify this list to reflect additional priorities. 

The Committee provides no recommendation at this time for specific projects contained either in the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 

will be considered comprehensively after the Committee has properly analyzed all relevant information. 

LAND AND WATER CONSERVATION FUND

RESCISSION

Appropriation enacted, 2006 .............................................................. ¥$30,000,000

Budget estimate, 2007 ....................................................................... ¥30,000,000

Recommended, 2007 ........................................................................... ¥30,000,000

Comparison:

Appropriation, 2006 .................................................................... 0 

Budget estimate, 2007 ................................................................ 0 

The Committee recommends the rescission of $30,000,000 in the 

annual contract authority provided by 16 U.S.C. 46l–10a. There are 

no plans to use this authority in fiscal year 2008. The Committee 

does not agree with the Administration’s proposal to permanently 

cancel the authority. 


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LAND ACQUISITION AND STATE ASSISTANCE

Appropriation enacted, 2007 .............................................................. $64,024,000 

Budget estimate, 2008 ....................................................................... 22,529,000 

Recommended, 2008 ........................................................................... 99,402,000 

Comparison:

Appropriation, 2007 .................................................................... +35,378,000 

Budget estimate, 2008 ................................................................ +76,873,000 

The Committee recommends $99,402,000 for land acquisition and 

State assistance, an increase of $35,378,000 above the fiscal year 

2007 enacted level and $76,873,000 above the request. 

The Committee recommends funding levels of $50,000,000 for assistance to States, $34,535,000 for land acquisition projects, 

$9,786,000 for acquisition management, $2,540,000 for inholdings, 

and $2,541,000 for emergencies and hardships. 

The Committee provides no recommendation at this time for specific projects contained either in the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 

will be considered comprehensively after the Committee has properly analyzed all relevant information. 

UNITED STATES GEOLOGICAL SURVEY

The United States Geological Survey was established by an act 

of Congress on March 3, 1879 to provide a permanent Federal 

agency to conduct up-to-date systematic and scientific ‘‘classification of the public lands, and examination of the geological structure, mineral resources, and products of the National domain’’. The 

USGS is the Federal government’s largest earth-science research 

agency and the primary source of data on the Nation’s surface and 

ground water resources. Its activities include conducting detailed 

assessments of the energy and mineral potential of the Nation’s

land and State offshore areas; investigating and issuing warnings 

of earthquakes, volcanic eruptions, landslides, and other geologic 

and hydrologic hazards; research on the geologic structure of the 

Nation; studies of the geologic features, structure, processes, and 

history of other planets of our solar system; topographic surveys of 

the Nation and preparation of topographic and thematic maps and 

related cartographic products; development and production of digital cartographic data bases and products; collection on a routine 

basis of data on the quantity, quality, and use of surface and 

ground water; research in hydraulics and hydrology; the coordination of all Federal water data acquisition; the scientific understanding and technologies needed to support the sound management and conservation of our Nation’s biological resources; and the 

application of remotely sensed data to the development of new cartographic, geologic, and hydrologic research techniques for natural 

resources planning and management, surveys, investigations, and 

research.

The amounts recommended by the Committee compared with the 

budget estimates by activity are shown in the following table: 


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SURVEYS, INVESTIGATIONS, AND RESEARCH

Appropriation enacted, 2007 .............................................................. $982,780,000 

Budget estimate, 2008 ....................................................................... 974,952,000 

Recommended, 2008 ........................................................................... 1,032,764,000 

Comparison:

Appropriation, 2007 .................................................................... +49,984,000 

Budget estimate, 2008 ................................................................ +57,812,000 

The Committee recommends $1,032,764,000 for surveys, investigations, and research, an increase of $57,812,000 above the budget request and $49,984,000 above the fiscal year 2007 enacted 

level. Changes to the budget request are discussed below. 

Geographic Research, Investigations, and Remote Sensing.—The

Committee recommends $79,955,000 for geographic research and 

remote sensing, $5,000,000 above the budget request and $235,000 

below the fiscal year 2007 enacted level. The recommendation includes $2,000,000 for the national cooperative geographic information system mapping program and $3,000,000 for the geographic 

analysis and monitoring activity to enhance the integrated multihazards initiative and to restore reductions in the request. The recommendation fully funds the budget request of $24,150,000 for the 

Landsat Data Continuity Mission. 

Geologic Hazards, Resources and Processes.—The Committee recommends $249,834,000 for geologic hazards, resources, and processes, $27,749,000 above the budget request and $12,831,000 above 

the fiscal year 2007 enacted level. The recommendation includes a 

total of $51,636,000 for the minerals resources program, an increase of $21,749,000 above the request. This large funding increase restores the minerals assessment team; the Committee 

strongly encourages the Administration to support this vital program and not suggest its elimination again. Other changes include 

increases of $4,000,000 for the earthquake multi-hazards program, 

$500,000 each for the volcano and global seismographic network 

programs, and $1,000,000 for national cooperative geologic mapping. The increase for earthquake science and monitoring should be 

used to enhance monitoring and analysis around the Nation and be 

implemented in cooperation with the integrated multi-hazards 

demonstration project. The Committee is aware that earthquake 

science is vital to the Nation and the Survey should consider major 

faults wherever they occur. 

Water Resources Investigations.—The Committee recommends 

$223,489,000 for water resources investigations, $11,035,000 above 

the budget request and $8,593,000 above the fiscal year 2007 enacted level. Changes from the request include: an increase of 

$2,667,000 for the National streamflow information program to enhance the multi-hazards initiative and to rebuild basic capacity for 

this vital network; $1,000,000 for hydrologic research and development; $964,000 for the cooperative water program; and an increase 

of $6,404,000 for the Water Resources Research Act program to 

bring its funding back to the fiscal year 2006 level. 

Biological Research.—The Committee recommends $187,114,000 

for biological research, $6,000,000 above the budget request and 

$11,422,000 above the fiscal year 2007 enacted level. The recommendation includes the requested amount to continue support of 

the national rare species data network and the highly pathogenic 


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avian influenza monitoring effort. Changes from the request include a non-specified increase of $4,500,000 to restore basic biological research and monitoring capacity such as restoring funding for 

contaminant/endocrine biology and northwest forest biology, and 

$1,500,000 for the cooperative research units. The Committee recommendation fully funds the budget request of $5,000,000 for the 

Healthy Lands Initiative, and provides no less than the request for 

the multi-hazards initiative. 

Enterprise Information.—The Committee recommends 

$112,120,000 for enterprise information as requested, $338,000 

above the fiscal year 2007 enacted level. 

The Committee notes with concern that the Survey continues to 

have difficulties consolidating the National Geospatial Technical 

Operations Center (NGTOC). The ongoing delays are harming the 

Federal functions of geospatial and technical science. Services to 

the national geospatial community are too important to risk loss or 

delay of these functions. The Committee directs the Survey to implement a new and streamlined approach to establish a future Federal NGTOC with operations centers in both existing sites. 

Science Support.—The Committee recommends $68,699,000 for 

science support, $468,000 above the budget request and $917,000 

above the fiscal year 2007 enacted level. The Committee has rejected the request for $2,440,000 in this account related to development costs of the department-wide financial and business management system (FBMS). Funding for the FBMS activity has been consolidated in the ‘‘Office of the Secretary’’ account. 

Facilities.—The Committee recommends $101,553,000 for facilities as requested, a $6,118,000 increase to the fiscal year 2007 enacted level. The Committee fully supports the needed updates in 

the request for the wildlife research facilities. 

Global Climate Change Research Program Increase.—The Committee recommends a $10,000,000 increase for vital research efforts 

of Survey scientists related to various aspects of global climate 

change. The Committee notes the overall high quality of research 

programs of the Survey in this important area, and requests that 

the Survey notify the House and Senate Committees on Appropriations of its allocation of these funds within 60 days of enactment. 

The Committee notes that these funds may be used to support the 

National Global Warming and Wildlife Science Center, if authorized.

MINERALS MANAGEMENT SERVICE

The Minerals Management Service is responsible for collecting, 

distributing, accounting and auditing revenues from mineral leases 

on Federal and Indian lands. In fiscal year 2007, MMS expects to 

collect and distribute about $14.0 billion from active Federal and 

Indian leases. The MMS also manages the offshore energy and 

mineral resources on the Nation’s outer continental shelf. To date, 

the OCS program has been focused primarily on oil and gas leasing. Over the past several years, MMS has been exploring the possible development of other marine mineral resources, especially 

sand and gravel. With the passage of the Oil Pollution Act of 1990, 

MMS assumed increased responsibility for oil spill research, including the promotion of increased oil spill response capabilities, and 


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for oil spill financial responsibility certifications of offshore platforms and pipelines. Under the Energy Policy Act of 2005, MMS 

has new responsibilities over Federal offshore renewable energy 

and related uses of America’s offshore public lands. Fiscal year 

2007 marks the start of the Coastal Impact Assistance Program; it 

will provide $1 billion in mandatory funding over the next 4 years 

from offshore oil and gas receipts to coastal States (primarily Louisiana, Texas and Mississippi) and counties for environmental restoration and other important civic projects. 

The amounts recommended by the Committee compared with the 

budget estimates by activity are shown in the following table: 


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ROYALTY AND OFFSHORE MINERALS MANAGEMENT

Appropriation enacted, 2007 .............................................................. $152,612,000 

Budget estimate, 2008 ....................................................................... 155,048,000 

Recommended, 2008 ........................................................................... 153,552,000 

Comparison:

Appropriation, 2007 .................................................................... +940,000 

Budget estimate, 2008 ................................................................ ¥1,496,000

The Committee recommends an appropriation of $153,552,000 for 

royalty and offshore minerals management, a decrease of 

$1,496,000 below the budget request and $940,000 above the 2007 

enacted level. The Committee recommends use of $135,730,000 in 

receipts, as requested, which agrees with the Administration request to increase receipts by $7,000,000. The recommendation decreases the leasing activity by $1,000,000 below the request, but 

still $2,672,000 above the fiscal year 2007 level. In addition, the 

Committee has rejected the request for $496,000 in this account related to development costs of the department-wide financial and 

business management system (FBMS). Funding for the FBMS activity has been consolidated in the ‘‘Office of the Secretary’’ account.

The Committee is concerned about recent Departmental Inspector General reports regarding the need for more and better audits, 

in addition to ongoing compliance monitoring. The Committee expects the Service to report back by January 31, 2008 on steps it 

is taking to remedy this situation, including a discussion of what 

kind of auditors are needed, and comments from the Department 

regarding whether auditors should be housed in separate bureaus 

or perhaps in the Inspector General’s office. 

The Committee is aware that concerns have been raised about 

the MMS’s methods for collecting royalties for extraction of gas 

from certain Federal and Indian lands. The Committee believes it 

is imperative that the Interior Department’s inspection, audit and 

enforcement activities result in proper revenue collections. Accordingly, the Committee directs the Department of the Interior to provide a report to the House and Senate Committees on Appropriations by January 31, 2008. The report should include a proposed 

timetable and estimated costs associated with analyzing options for 

changing regulations for Federal and Native American natural gas 

leases, to institute more accurate measurement and reporting of 

natural gas that can improve the accuracy of gas flow measurements including but not limited to: requiring the use of digital meters on all leases which are calibrated monthly; checking for pipeline bypasses; ensuring condensates are reported; and regularly inspecting measurements taken at company master meters which can 

then be compared to well-specific meters for accuracy. 

The Committee expects that the authorizing committees of jurisdiction will provide a thorough legislative solution to the deepwater 

royalty relief issue. Until that occurs, the Committee expects the 

Secretary to conduct negotiations with holders of offshore leases 

which were previously issued without price thresholds on royalty 

relief to see that fair royalties are provided for the American taxpayers.

The Committee is concerned about potential oil and gas leasing 

in Alaska’s North Aleutian OCS Planning Area, also known as 


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Bristol Bay. Bristol Bay is home to one of the world’s great fisheries, and is home to a vital Alaska culture, both of which could 

be at risk from off-shore drilling or spills. Given the extreme oceanographic and meteorological conditions prevalent in the North 

Aleutian Basin, and the extremely valuable fishery, it is vital that 

outer continental shelf oil or gas drilling only be conducted only 

after detailed studies and information are available and guarantee 

safety.

The Committee is very concerned that there is a lack of sound, 

peer-reviewed scientific data to support OCS leasing decisions in 

this area. The Committee directs the MMS, working with the U.S. 

Geological Survey and other technical and scientific bodies, to document technological and economic aspects of currently available, 

state-of-the-art oil spill containment, responses to blowouts, and 

the availability and response time for seagoing response tugboats 

and skimmer vessels; recommend appropriate necessary networks 

of oceanic monitoring infrastructure capable of providing real-time 

data in support of oil spill response operations, including predictive 

ocean surface current data, and probable impacts to affected shoreline segments from barge and tanker transport; and develop a 

worst-case scenario cost analysis of the maximum credible OCS accident in the North Aleutian Basin, including lost access to commercial and indigenous fisheries and long-term damage to fisheries 

and other marine resources. 

The Committee is also concerned that MMS has had inadequate 

coordination with other Federal agencies to ensure the best available protection of this region. The Committee directs the Minerals 

Management Service to coordinate with National Marine Fisheries 

Service, the Fish and Wildlife Service and the National Meteorological Center and to conduct a gap-analysis literature review of all 

available peer-reviewed scientific papers to determine what studies 

must be subjected to further analysis, including a literature review 

on the impacts of oil spills on commercial fisheries and marine 

mammals.

In addition, the Committee directs the GAO to conduct an economic analysis and provide a report to the Committee as soon as 

possible delineating the total anticipated cost to the American taxpayer of additional OCS royalty forgiveness provisions that will be 

applied to the North Aleutian Basin and to other Alaskan OCS waters as a result of the relevant provisions of the Energy Policy Act 

of 2005 and the cost, in 2007 dollars, of federal repurchase or 

buybacks of previously-leased OCS tracts within the North Aleutian Basin that were deemed too risky to develop. 

OIL SPILL RESEARCH

Appropriation enacted, 2007 .............................................................. $6,903,000 

Budget estimate, 2008 ....................................................................... 6,403,000 

Recommended, 2008 ........................................................................... 6,403,000 

Comparison:

Appropriation, 2007 .................................................................... ¥500,000

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $6,403,000, as requested, to be derived from the Oil Spill Liability Trust Fund, to conduct oil spill 


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research and financial responsibility and inspection activities associated with the Oil Pollution Act of 1990, Public Law 101–380.

ADMINISTRATIVE PROVISIONS

The Committee recommendation includes bill language on three 

legislative matters requested by the Administration. First, language is included to continue to allow three percent of the coastal 

impact assistance funds provided in section 31 of the Outer Continental Shelf Lands Act to be used for necessary administrative requirements of the Service. The Service should include information 

on activities and funding related to the coastal impact program in 

future budget justifications. Second, the Committee has included 

bill language which deducts a portion of State royalties to help 

cover Federal administrative costs, resulting in a $43,000,000 revenue source for the bill. Finally, the recommendation has language 

which defers an Ultradeepwater oil and gas research and development grant directed by the Energy Policy Act of 2005, resulting in 

a $50,000,000 addition to the bill. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

The Office of Surface Mining Reclamation and Enforcement 

(OSMRE), through its regulation and technology account, regulates 

surface coal mining operations to ensure that the environment is 

reclaimed once mining is completed. The OSMRE accomplishes this 

mission by providing grants to those States that maintain their 

own regulatory and reclamation programs and by conducting oversight of State programs. Further, the OSMRE administers the regulatory programs in the States that do not have their own programs and on Federal and Tribal lands. Through its Abandoned 

Mine Land (AML) reclamation account, the OSMRE provides environmental restoration at abandoned coal mines using tonnagebased fees collected from current coal production operations. In 

their un-reclaimed condition these abandoned sites endanger public 

health and safety, and prevent the beneficial use of land and water 

resources. The Surface Mining Control and Reclamation Act 

amendments of 2006 dramatically changed the manner in which 

AML funds are distributed. Beginning in 2007, the State AML payments are mandatory and not subject to appropriation, resulting in 

a net savings of $133,000,000 to the discretionary appropriation account.

The amounts recommended by the Committee for each Office of 

Surface Mining Reclamation and Enforcement appropriation account, compared with the budget estimates by activity, are shown 

in the following table: 


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REGULATION AND TECHNOLOGY

Appropriation enacted, 2007 .............................................................. $109,198,000 

Budget estimate, 2008 ....................................................................... 115,460,000 

Recommended, 2008 ........................................................................... 117,337,000 

Comparison:

Appropriation, 2007 .................................................................... +8,139,000 

Budget estimate, 2008 ................................................................ +1,877,000 

The Committee recommends $117,337,000 for regulation and 

technology, $1,877,000 above the budget request and $8,139,000 

above the fiscal year 2007 enacted level. The amounts recommended by the Committee compared with the budget estimates 

by activity are shown in the table at the beginning of the Office of 

Surface Mining Reclamation and Enforcement entry. The recommendation includes an increase of $2,000,000 above the request 

and $7,110,000 above the fiscal year 2007 level for support to the 

State regulatory programs. The Committee encourages continued 

support for the State regulatory programs which provide important 

services to their States and to the Nation. In addition, the Committee has rejected the request for $123,000 in this account related 

to development costs of the department-wide financial and business 

management system (FBMS). Funding for the FBMS activity has 

been consolidated in the ‘‘Office of the Secretary’’ account. 

ABANDONED MINE RECLAMATION FUND

Appropriation enacted, 2007 .............................................................. $185,393,000 

Budget estimate, 2008 ....................................................................... 52,835,000 

Recommended, 2008 ........................................................................... 52,774,000 

Comparison:

Appropriation, 2007 .................................................................... ¥132,619,000

Budget estimate, 2008 ................................................................ ¥61,000

The Committee recommends $52,774,000 for the Abandoned 

Mine Reclamation Fund, $61,000 below the budget request and 

$132,619,000 below the fiscal year 2007 enacted level. The large reduction below the fiscal year 2007 level is due to the Surface Mining Control and Reclamation Act amendments passed in late 2006 

which move the coal tax and abandoned mine land fund payments 

from discretionary to mandatory payments. All States will receive 

increases over past practices. The amounts recommended by the 

Committee compared with the budget estimates by activity are 

shown in the table at the beginning of the Office of Surface Mining 

Reclamation and Enforcement entry. The only change from the 

budget request is that the Committee has rejected the request for 

$61,000 in this account related to development costs of the department-wide financial and business management system (FBMS). 

Funding for the FBMS activity has been consolidated in the ‘‘Office

of the Secretary’’ account. The Committee notes that the acid mine 

drainage set-aside was expanded from 10 percent to 30 percent, 

and therefore the Committee strongly encourages the States to utilize the increased mandatory funding provided for acid mine drainage remediation to support the clean stream efforts. 

BUREAU OF INDIAN AFFAIRS

The Bureau of Indian Affairs was created in 1824. Its mission is 

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sponsibility that results from treaties with Native groups. The Bureau delivers services to over 1.6 million Native Americans. In addition, the Bureau provides education programs to Native Americans through the operation of 170 schools and 14 dormitories. The 

Bureau administers more than 56 million acres of land held in 

trust status. Over 10 million of these acres belong to individuals 

and 46 million acres are held in trust for Tribes. 

The amounts recommended by the Committee compared with the 

budget estimates by activity are shown in the following table: 


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OPERATION OF INDIAN PROGRAMS

Appropriation enacted, 2007 .............................................................. $1,988,223,000 

Budget estimate, 2008 ....................................................................... 1,990,918,000 

Recommended, 2008 ........................................................................... 2,093,545,000 

Comparison:

Appropriation, 2007 .................................................................... +105,322,000 

Budget estimate, 2008 ................................................................ +102,627,000 

The Committee recommends $2,093,545,000 for the operation of 

Indian programs, $105,322,000 above the fiscal year 2007 enacted 

level and $102,627,000 above the budget request. 

Tribal Government.—The Committee recommends $403,009,000 

for Tribal Government activities, an increase of $10,748,000 above 

the fiscal year 2007 enacted level and $5,311,000 above the budget 

request.

The change to the request is to fund compacts associated with 

the Johnson-O’Malley educational assistance grants in the consolidated tribal government and self governance compacts programs. 

Human Services.—The Committee recommends $146,548,000 for 

human services, an increase of $1,724,000 above the fiscal year 

2007 enacted level and $25,845,000 above the budget request. 

Changes to the request include increases of $18,830,000 to restore the housing improvement program, $6,015,000 to restore the 

welfare assistance program and $1,000,000 for the Indian Child 

Welfare Act program. 

The Committee is concerned that the housing needs in areas of 

Indian Country are not being met. The Committee directs the Bureau to work with the Department of Housing and Urban Development (HUD) to evaluate the effectiveness of the Bureau’s Housing 

Improvement Program and determine whether the program and its 

criteria could be successfully integrated into HUD’s existing housing programs and expanded to better meet the needs in Indian 

Country.

Bill Language.—The Committee has included bill language, as 

proposed by the Administration, to allow the Secretary to exceed 

the welfare budget cap in cases of designated Federal disasters. 

Trust: Natural Resources Management.—The Committee recommends $152,684,000 for natural resources management and 

oversight, an increase of $7,446,000 above the fiscal year 2007 enacted level and $11,000,000 above the budget request. Changes to the request include $2,000,000 for the general natural resource program, $4,000,000 for rights protection implementation, $3,000,000 for tribal management development programs, 

$1,000,000 for endangered species management and $1,000,000 for 

irrigation operations and maintenance. 

Trust: Real Estate Services.—The Committee recommends 

$150,722,000 for real estate services and oversight, $6,649,000 

above the fiscal year 2007 enacted level and the same as the budget request. 

Education.—The Committee recommends $699,040,000 for education, $41,128,000 above the fiscal year 2007 enacted level and 

$38,500,000 above the budget request. 

Changes to the request include increases of $16,500,000 to re- store the Johnson-O’Malley assistance grants, $3,000,000 to restore 

the early childhood development program, $5,000,000 to restore 


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scholarships and adult education, $7,000,000 for elementary and 

secondary education program enhancements, $1,000,000 for student transportation, and $6,000,000 for tribal technical colleges. 

The Committee directs that not less than $2,000,000 of the increase provided for education program enhancements should be 

used to implement anti-drug education programs in Bureau 

schools.

The Committee agrees with the premise put forward by the Administration that we must work to improve Indian education to 

boost student learning and academic achievement. However, the 

Administration’s initiative to increase funding for one portion of 

education is financed by decreasing other vital areas of education. 

Reducing funding for adult education and scholarships, tribal technical colleges, early childhood development and Johnson-O’Malley

assistance grants under the premise of improving education is 

clearly disingenuous. The Committee has restored these important 

programs and provided additional increases for elementary and secondary education programs, student transportation, and tribal 

technical colleges. 

The Committee has once again rejected the Administration’s proposal to eliminate the Johnson-O’Malley Education Assistance 

grants. Every attempt by this Administration to terminate this program has been resoundingly rejected by Congress. The feckless justification for the termination of this program—that Department of 

Education programs can take the place of these grants—has never 

been substantiated or explained to any level of adequacy. The Committee implores the Administration to include this program in future requests. 

The Committee is concerned about the coordination of educational opportunities between the Bureau of Indian Affairs and 

the Department of Education. The Committee expects the Bureau 

to establish a formal way of tracking individual students, including 

a formal point of contact at the Bureau, as they alternate between 

Bureau schools and public schools to ensure that Indian children’s

educational progress is tracked sufficiently. The Bureau should report to the Committee on its progress in meeting this goal by January 30, 2008. 

Public Safety and Justice.—The Committee recommends 

$250,018,000 for public safety and justice, an increase of 

$32,407,000 above the fiscal year 2007 enacted level and 

$16,200,000 above the budget request. 

Changes to the request include $9,500,000 for tribal law enforcement to combat methamphetamine use in Indian Country, 

$500,000 for increased training activities at the Indian police academy, $5,000,000 for increased capacity for tribal courts, and 

$1,200,000 to restore the fire protection program. 

The Committee is extremely concerned about the increasing use 

of methamphetamine in Indian Country and has provided language 

delineating these concerns in the front of this report. 

Community and Economic Development.—The Committee recommends $47,339,000 for community and economic development, 

an increase of $5,105,000 above the fiscal year 2007 enacted level 

and $8,278,000 above the request. 


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Executive Direction and Administration Services.—The Committee recommends $244,185,000, an increase of $115,000 above 

the fiscal year 2007 enacted level and a decrease of $2,507,000 

below the request. 

The Committee has rejected the request for $2,507,000 related to 

development costs of the department-wide financial and business 

management system (FBMS). Funding for FBMS activity has been 

consolidated in the ‘‘Office of the Secretary’’ account. 

CONSTRUCTION

Appropriation enacted, 2007 .............................................................. $271,823,000 

Budget estimate, 2008 ....................................................................... $197,627,000 

Recommended, 2008 ........................................................................... 207,983,000 

Comparison:

Appropriation, 2007 .................................................................... ¥63,840,000

Budget estimate, 2008 ................................................................ +10,356,000 

The Committee recommends $207,983,000 for construction, a decrease of $63,840,000 below the fiscal year 2007 enacted level and 

an increase of $10,356,000 above the budget request. 

Education.—The Committee recommends $145,200,000 for education construction, a decrease of $59,756,000 below the fiscal year 

2007 enacted level and an increase of $5,356,000 above the budget 

request.

Changes to the request include $356,000 to restore employee 

housing repair and $5,000,000 for facilities improvement and repair.

Public Safety and Justice.—The Committee recommends 

$14,621,000 for public safety and justice construction, an increase 

of $3,016,000 above the fiscal year 2007 enacted level and 

$3,000,000 above the budget request. 

The change to the request is for maintenance and improvement 

of existing detention centers. 

The Committee is concerned about the deplorable conditions that 

exist in detention centers in Indian Country. The Committee directs the Bureau, in partnership with the Department of Justice, 

to develop a plan for the replacement and construction of deteriorated detention centers, including recommendations on the location 

of those detention facilities based on need by March 30, 2008. 

Resources Management.—The Committee recommends 

$39,916,000 for resources management construction, a decrease of 

$5,209,000 below the fiscal year 2007 enacted level and an increase 

of $2,000,000 above the request. 

The change to the request is for repair and rehabilitation of Indian irrigation projects. 

General Administration.—The Committee recommends 

$2,114,000 for general administration, a decrease of $1,994,000 

below the fiscal year 2007 enacted level and the same as the budget request. 

Construction Management.—The Committee recommends 

$6,132,000 for construction management, an increase of $103,000 

above the fiscal year 2007 enacted level and the same as the budget request. 


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INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

(INCLUDING TRANSFER OF FUNDS)

Appropriation enacted, 2007 .............................................................. $42,000,000 

Budget estimate, 2008 ....................................................................... 34,069,000 

Recommended, 2008 ........................................................................... 39,136,000 

Comparison:

Appropriation, 2007 .................................................................... ¥2,864,000

Budget estimate, 2008 ................................................................ +5,067,000 

The Committee recommends $39,136,000 for Indian land and 

water claim settlements and miscellaneous payments to Indians, a 

decrease of $2,864,000 below the fiscal year 2007 enacted level and 

an increase of $5,067,000 above the request. 

The change to the request is an increase of $5,067,000 for the 

Nez Perce/Snake River settlement, which was requested in the U.S. 

Fish and Wildlife Service, Cooperative Endangered Species Fund 

account.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

Appropriation enacted, 2007 .............................................................. $6,258,000 

Budget estimate, 2008 ....................................................................... 6,276,000 

Recommended, 2008 ........................................................................... 6,276,000 

Comparison:

Appropriation, 2007 .................................................................... +18,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $6,276,000 for the Indian guaranteed loan program account, an increase of $18,000 above the fiscal 

year 2007 enacted level and the same as the budget request. 

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

Appropriation enacted, 2007 .............................................................. $116,265,000 

Budget estimate, 2008 ....................................................................... 101,445,000 

Recommended, 2008 ........................................................................... 136,413,000 

Comparison:

Appropriation, 2007 .................................................................... +20,148,000 

Budget estimate, 2008 ................................................................ +34,968,000 

The amounts recommended by the Committee compared with the 

budget estimates by activity are shown in the following table: 


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The Committee recommends $136,413,000 for salaries and expenses for the Office of the Secretary, an increase of $20,148,000 

above the enacted and $34,968,000 above the official budget request. With the exception of a reduction in funding for the Financial and Business Management System (FBMS) as discussed below, 

the Committee has approved the amounts requested for this account.

Financial and Business Management System.—The President’s

budget requests $38,858,000 for the new department-wide financial 

and business management system spread throughout various appropriation accounts of the Department. The Committee bill includes $35,262,000 for the FBMS system in this account. This is 

$3,596,000 below the request and $13,026,000 above the comparable amount available in fiscal year 2007. 

The Committee continues to be concerned about the development 

of the new financial and business management system (FBMS). 

Numerous sources within the Department have indicated that 

early implementation efforts at the Minerals Management Service 

and the Office of Surface Mining have not gone smoothly and that 

substantial improvements in the system are required but have not 

yet been fully tested. Because of the potential for serious and costly 

errors, which may occur when large scale restructuring of financial 

control systems are implemented, the Committee directs that the 

FBMS system not be implemented in other bureaus until all issues 

raised during the MMS and OSMRE implementation have been addressed and the FBMS system readiness for deployment has been 

validated by an external review organization with experience with 

such systems. 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

The Office of Insular Affairs (OIA) was established on August 4, 

1995, through Secretarial Order No. 3191, which also abolished the 

former Office of Territorial and International Affairs. The OIA has 

important responsibilities to help the United States government 

fulfill its responsibilities to the four U.S. territories of Guam, 

American Samoa (AS), U.S. Virgin Islands (USVI) and the Commonwealth of the Northern Mariana Islands (CNMI) and also the 

three freely associated States: the Federated States of Micronesia 

(FSM), the Republic of the Marshall Islands (RMI) and the Republic of Palau. The permanent and trust fund payments to the territories and the compact nations provide substantial financial resources to these governments. During fiscal year 2004 new financial arrangements for the Compacts of Free Association with the 

FSM and the RMI were implemented; this also included mandatory 

payments for certain activities previously provided in discretionary 

appropriations as well as Compact impact payments of $30,000,000 

per year split among Guam, CNMI, AS, and Hawaii. 

Appropriation enacted, 2007 .............................................................. $76,197,000 

Budget estimate, 2008 ....................................................................... 74,921,000 

Recommended, 2008 ........................................................................... 78,292,000 

Comparison:

Appropriation, 2007 .................................................................... +2,095,000 

Budget estimate, 2008 ................................................................ +3,371,000 


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The amounts recommended by the Committee for the Office of 

Insular Affairs appropriations accounts compared with the budget 

estimates by activity are shown in the following table: 


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The Committee recommends $78,292,000 for assistance to territories, $3,371,000 above the budget request and $2,095,000 above 

the fiscal year 2007 level. 

Territorial Assistance.—The Committee recommends $27,692,000 

for territorial assistance, $3,371,000 above the budget request and 

$2,095,000 above the fiscal year 2007 level. Increases to the budget 

request should be used to allow previous initiatives on health and 

retired government workers to continue as in the past, and to provide critically needed oversight of the compacts of free association 

and territorial negotiations. In addition, the Committee has rejected the request for $8,000 in this account related to development 

costs of the department-wide financial and business management 

system (FBMS). Funding for the FBMS activity has been consolidated in the ‘‘Office of the Secretary’’ account. 

The Committee directs that the funds provided for water and 

wastewater projects not be allocated to the CNMI until and unless 

the Commonwealth has a unified territorial infrastructure plan certified by the Secretary. 

The Committee has included $500,000 above the request for the 

coral reef initiative to enhance work at the U.S. territories in the 

Pacific and the USVI and the freely associated States; the Secretary should notify the Committees on the intended use of these 

funds within 60 days of enactment of this Act. 

American Samoa.—The Committee recommends $22,880,000 for 

American Samoa operations, the same as both the budget request 

and the fiscal year 2007 level. 

Northern Mariana Islands/Covenant Grants.—The Committee 

recommends $27,720,000 for CNMI covenant grants, the same as 

the budget request and the fiscal year 2007 level. The Committee 

is very concerned about the process used by the Department and 

the territorial government to allocate these funds, especially those 

needed in American Samoa. The Committee directs the Office of Insular Affairs and the Secretary to work with all territorial governmental bodies and the Congressional Delegate for American Samoa 

to be sure that the highest priority construction projects receive the 

covenant funding. 

COMPACT OF FREE ASSOCIATION

Appropriation enacted, 2007 .............................................................. $5,313,000 

Budget estimate, 2008 ....................................................................... 4,862,000 

Recommended, 2008 ........................................................................... 5,362,000 

Comparison:

Appropriation, 2007 .................................................................... +49,000 

Budget estimate, 2008 ................................................................ +500,000 

The Committee recommends $5,362,000 for the compact of free 

association, $500,000 above the budget request and $49,000 above 

the fiscal year 2007 level. The Committee recommendation continues Enewetak support. 


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OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

Appropriation enacted, 2007 .............................................................. $55,018,000 

Budget estimate, 2008 ....................................................................... 58,949,000 

Recommended, 2008 ........................................................................... 59,250,000 

Comparison:

Appropriation, 2007 .................................................................... +4,232,000 

Budget estimate, 2008 ................................................................ +301,000 

The Committee recommends $59,250,000 for salaries and expenses of the Office of the Solicitor. The Committee has added 

$500,000 to the budget request to upgrade filing and record keeping capacity in the Office. The Committee has rejected the request 

for $199,000 in this account related to development costs of the department-wide financial and business management system (FBMS). 

Funding for the FBMS activity has been consolidated in the ‘‘Office

of the Secretary’’ account. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriation enacted, 2007 .............................................................. $38,823,000 

Budget estimate, 2008 ....................................................................... 42,322,000 

Recommended, 2008 ........................................................................... 43,822,000 

Comparison:

Appropriation, 2007 .................................................................... +4,999,000 

Budget estimate, 2008 ................................................................ +1,500,000 

The Committee recommends $43,822,000 for salaries and expenses of the Office of Inspector General. The Committee greatly 

values this office and the important contributions it makes to the 

performance of the Department and its bureaus. The Committee 

believes that increased resources for this office will pay substantial 

dividends in savings to the taxpayer and has added $1,500,000 to 

the request to expand the investigation and audit functions of the 

Office. The Committee also believes that the increased resources 

will allow the Inspector General to expand efforts to share best 

management practices among the Department’s bureaus and offices 

and ethics oversight. 

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

The Office of Special Trustee for American Indians (OST) was established by the American Indian Trust Fund Management Reform 

Act of 1994 (Public Law 103–412). The Special Trustee is charged 

with general oversight of Indian trust asset reform efforts Department-wide to ensure proper and efficient discharge of the Secretary’s trust responsibilities to Indian Tribes and individual Indians. The Office of the Special Trustee was created to ensure that 

the Department of the Interior establishes appropriate policies and 

procedures, develops necessary systems, and takes affirmative actions to reform the management of Indian trust funds. In carrying 

out the management and oversight of the Indian trust funds, the 

Secretary has a responsibility to ensure that trust accounts are 

properly maintained, invested and reported in accordance with the 


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American Indian Trust Fund Management Reform Act of 1994, 

Congressional action, and other applicable laws. 

The Special Trustee for American Indians also has responsibility 

for the related financial trust functions including deposit, investment, and disbursement of trust funds. The Department has responsibility for what may be the largest land trust in the world. 

Indian trust lands today encompass approximately 56 million acres 

of land—over 10 million acres belonging to individual Indians and 

nearly 45 million acres owned by Indian Tribes. On these lands, 

the Interior Department manages over 100,000 leases for individual Indians and Tribes. Leasing, use permits, sale revenues, and 

investment income of over $330 million per year are collected into 

over 300,000 individual Indian money accounts, and over $460 million per year is collected into over 1,400 Tribal accounts per year. 

In addition, the trust manages approximately $2.9 billion in tribal 

funds and $400 million in individual Indian funds. 

Appropriation enacted, 2007 .............................................................. $189,251,000 

Budget estimate, 2008 ....................................................................... 186,158,000 

Recommended, 2008 ........................................................................... 182,542,000 

Comparison:

Appropriation, 2007 .................................................................... ¥6,709,000

Budget estimate, 2008 ................................................................ ¥3,616,000

The Committee recommends $182,542,000 for Federal Trust programs, a decrease of $6,709,000 below the fiscal year 2007 enacted 

level and $3,616,000 below the budget request. 

The change to the request is a reduction of $3,616,000 for the Office of Historical Accounting. 

Since the inception of the Cobell case, the Committee has appropriated hundreds of millions of dollars for litigation and accounting 

activities. The Committee believes that these funds would have 

been better used to fund greatly needed health care, law enforcement and education programs in Indian country. The Committee 

believes that this case must be resolved without further negatively 

impacting funding levels for Indian programs. Proposals to settle 

this case and all other trust-related litigation should be expeditiously considered by the litigants, Indian Country, Congress, and 

the Administration. Any settlement of trust-related litigation must 

also address the land fractionation issue which is at the core of the 

trust issue. The Committee strongly suggests that the parties settle 

trust litigation in its entirety and finally move on to focus on the 

more pertinent needs in Indian Country. 

The Committee has rejected the request to allocate $211,000 related to development costs of the department-wide financial and 

business management system (FBMS). Funding for FBMS activity 

has been consolidated in the ‘‘Office of the Secretary’’ account. 

Bill Language.—As in previous fiscal years, the Committee has 

included bill language under the Office of Special Trustee that limits the amount of funding available for historical accounting to 

$56,384,000. The clear intent of the Committee is to definitively 

limit the amount of funding available to conduct historical accounting activities. 


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INDIAN LAND CONSOLIDATION

Appropriation enacted, 2007 .............................................................. $34,006,000 

Budget estimate, 2008 ....................................................................... 10,000,000 

Recommended, 2008 ........................................................................... 10,000,000 

Comparison:

Appropriation, 2007 .................................................................... ¥24,006,000

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $10,000,000 for Indian Land Consolidation, a decrease of $24,006,000 below the fiscal year 2007 enacted level and the same as the budget request. 

The Committee accepts the proposed reduction to this activity 

and reiterates its position that any settlement in ongoing Trust litigation includes a comprehensive reform to solve the problem of 

land fractionation. 

DEPARTMENT-WIDE PROGRAMS

PAYMENTS IN LIEU OF TAXES

Payments in Lieu of Taxes (PILT) provide for payments to local 

units of government containing certain Federally owned lands. 

These payments are designed to supplement other Federal land receipt sharing payments that local governments may be receiving. 

The recipients may use payments received for any governmental 

purpose.

Appropriation enacted, 2007 .............................................................. $232,528,000 

Budget estimate, 2008 ....................................................................... 190,000,000 

Recommended, 2008 ........................................................................... 232,528,000 

Comparison:

Appropriation, 2007 .................................................................... 0 

Budget estimate, 2008 ................................................................ +42,528,000 

The Committee recommends $232,528,000 for PILT, $42,528,000 

above the budget request and the same amount as fiscal year 2007. 

CENTRAL HAZARDOUS MATERIALS FUND

The Central Hazardous Materials Fund was established to fund 

response action-related studies and remediation/cleanup of contaminated sites for which the Department of the Interior may be 

liable pursuant to the Comprehensive Environmental Response, 

Compensation and Liability Act and includes sums recovered from 

or paid by a party as reimbursement for remedial action or related 

response activities. Prior to fiscal year 2007 this account was located in the Bureau of Land Management. 

Appropriation enacted, 2007 .............................................................. $9,715,000 

Budget estimate, 2008 ....................................................................... 9,954,000 

Recommended, 2008 ........................................................................... 9,954,000 

Comparison:

Appropriation, 2007 .................................................................... +239,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $9,954,000 for the central hazardous materials fund, as requested, an increase of $239,000 above 

the fiscal year 2007 enacted level. 


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NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

The purpose of the Natural Resource Damage Assessment Fund 

is to provide the basis for claims against responsible parties for the 

restoration of injured natural resources. Assessments ultimately 

will lead to the restoration of injured resources and reimbursement 

for reasonable assessment costs from responsible parties through 

negotiated settlements or other legal actions. Operating on a ‘‘polluter pays’’ principle, the program anticipates recovering about $40 

million in receipts in fiscal year 2008, with the vast majority to be 

used for the restoration of injured resources. The program works 

to restore sites ranging in size from small town landfills to the 

Exxon Valdez oil spill of 1989 in Alaska. 

Appropriation enacted, 2007 .............................................................. $6,043,000 

Budget estimate, 2008 ....................................................................... 6,224,000 

Recommended, 2008 ........................................................................... 6,224,000 

Comparison:

Appropriation, 2007 .................................................................... +181,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $6,224,000 for the natural resource 

damage assessment fund, an increase of $181,000 above the fiscal 

year 2007 level and the same as the budget request. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)

Sections 101 and 102 provide for emergency transfer authority 

with the approval of the Secretary. 

Section 103 provides for the use of appropriations for certain 

services.

Section 104 continues a provision which prohibits the expenditure of funds for Outer Continental Shelf (OCS) leasing activities 

in California, the North Atlantic, Washington, Oregon, and the 

eastern Gulf of Mexico near Florida. 

Section 105 continues a provision which prohibits the expenditure of funds for oil and gas leasing activities in the Mid-Atlantic 

and South Atlantic planning areas. 

Section 106 permits the transfer of funds between the Bureau of 

Indian Affairs and the Office of Special Trustee for American Indians.

Section 107 continues a provision permitting the redistribution of 

tribal priority allocation and tribal base funds to alleviate funding 

inequities.

Section 108 continues a provision permitting the conveyance of 

the Twin Cities Research Center of the former Bureau of Mines for 

the benefit of the National Wildlife Refuge System. 

Section 109 continues a previous provision and authorizes the 

Secretary of the Interior to hereafter use helicopter or motor vehicles to capture and transport horses and burros at the Sheldon and 

Hart National Wildlife Refuges, OR. 

Section 110 continues a provision limiting compensation for the 

Special Master and Court Monitor appointed by the Court in Cobell 


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v. Kempthorne to 200 percent of the highest Senior Executive Service rate of pay. 

Section 111 continues a provision allowing the Secretary to pay 

private attorney fees for employees and former employees in connection with Cobell v. Kempthorne. 

Section 112 continues a provision dealing with the U.S. Fish and 

Wildlife Service’s responsibilities for mass marking of salmonid 

stocks.

Section 113 makes funds appropriated for fiscal year 2008 available to the tribes within the California Tribal Trust Reform Consortium and others on the same basis as funds were distributed in 

fiscal year 2005, and separates this demonstration project from the 

Department of the Interior’s trust reform reorganization. 

Section 114 continues a provision authorizing the Secretary of 

the Interior to acquire lands in support of transportation of visitors 

to Ellis, Governors, and Liberty Islands, NJ and NY. 

Section 115 limits funds to issue new leases for oil or natural gas 

under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et. 

seq.) to any lessee where such existing lease is not subject to limitations on royalty relief based on market price. 


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TITLE II—ENVIRONMENTAL PROTECTION AGENCY 

The Environmental Protection Agency (EPA) was created by Reorganization Plan No. 3 of 1970, which consolidated nine programs 

from five different agencies and departments. Major EPA programs 

include air and water quality, drinking water, hazardous waste, research, pesticides, radiation, toxic substances, enforcement and 

compliance assurance, pollution prevention, oil spills, Superfund, 

Brownfields, and the Leaking Underground Storage Tank program. 

In addition, EPA provides Federal assistance for wastewater treatment, sewer overflow control, drinking water facilities, other water 

infrastructure projects, and diesel emission reduction projects. The 

Agency is responsible for conducting research and development, establishing environmental standards through the use of risk assessment and cost-benefit analysis, monitoring pollution conditions, 

seeking compliance through a variety of means including enforcement, managing audits and investigations, and providing technical 

assistance and grant support to States and tribes, which are delegated authority for much of the program implementation. Under 

existing statutory authority, the Agency contributes to specific 

homeland security efforts and may participate in international environmental activities. 

Among the statutes for which the Environmental Protection 

Agency has sole or significant oversight responsibilities are: 

National Environmental Policy Act of 1969, as amended. 

Federal Insecticide, Fungicide, and Rodenticide Act, as 

amended.

Toxic Substances Control Act, as amended. 

Federal Water Pollution Control Act, as amended. 

Federal Food, Drug and Cosmetic Act, as amended. 

Marine Protection, Research, and Sanctuaries Act of 1972, as 

amended.

Oil Pollution Act of 1990. 

Public Health Service Act (Title XIV), as amended. 

Solid Waste Disposal Act, as amended. 

Clean Air Act, as amended. 

Safe Drinking Water Act, as amended. 

Great Lakes Legacy Act of 2002. 

Bioterrorism Act of 2002. 

Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (CERCLA), as amended. 

Small Business Liability Relief and Brownfields Revitalization Act of 2002 (amending CERCLA). 

Emergency Planning and Community Right-to-Know Act of 

1986.

Pollution Prevention Act of 1990. 

Resource Conservation and Recovery Act, as amended. 

Pollution Prosecution Act of 1990. 

Pesticide Registration Improvement Act of 2003. 

Energy Policy Act of 2005. 

For fiscal year 2008, the Committee recommends $8,085,915,000 

for the Environmental Protection Agency, an increase of 

$886,515,000 above the President’s request and $360,785,000 above 

the fiscal year 2007 enacted level. The amounts recommended by 


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the Committee compared with the budget request and 2007 enacted 

levels are shown by account, program area and selected activity in 

the following table. 


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Reprogrammings.—The EPA is held to the bill-wide reprogramming limitation of $1,000,000 annually or increases or decreases of 

more than 10 percent annually. This limitation will be applied to 

each program area in every account at the levels provided in the 

detailed table above. This will allow the Agency the flexibility to 

reprogram funds within a set program area. However, the Committee has cited funding levels for certain program-projects or activities within a program area. The reprogramming limitation applies to those funding levels cited within a program area. The other 

guidelines laid out in the ‘‘Reprogramming Guidelines’’ section of 

the Committee’s Report continue to be in effect. 

Congressional Budget Justification.—The Committee continues to 

be disappointed by the lack of transparency in the Agency’s budget 

submission. In order to address these concerns, the Committee directs a number of changes to all future EPA Budget Justifications. 

First, if the reader is unfamiliar with the Agency’s budget structure, it is difficult to find specific programs in the Budget Justification. The Committee directs the Agency to include in its Budget 

Justifications a comprehensive index by topic and program, specifically providing a page reference for major programs and activities 

within the program-projects. 

Second, in organizing the budget structure by program-project, 

and by justifying the budget at that level, the Agency does not provide to Congress the requested levels for many programs below the 

program-project level. Many of these programs are important to the 

Committee, Congress as a whole, and the public at large. For example, the budget includes a program-project entitled, ‘‘National

Estuary Program/Coastal Waterways’’, which funds, among other 

things, the National Estuary grants authorized by Section 320 of 

the Clean Water Act. However, the requested level for this important grant program does not appear in the Budget Justification. 

The Committee directs the Agency to include in its Budget Justifications the budget request for the major component activities 

below the program-project level. 

Third, the Committee finds it very useful to have the appropriations bill language included in the Budget Justification, as the 

Agency did in its fiscal year 2007 Budget Justification. The Committee directs the Agency to include the requested bill language, 

with changes highlighted, at the beginning of each account section 

in its Budget Justifications. 

GAO Review of Agency Budget Execution.—The Committee directs the Government Accountability Office to review EPA’s execution of the budget as directed by Congress. Specifically, for selected 

EPA programs, GAO should identify the factors that influence the 

Agency’s allocation of funds to the regional offices, and the allocation of funds to individual projects within the regional offices. In 

addition, GAO should evaluate EPA’s internal controls for ensuring 

that offices obligate funds consistent with the budget as justified to 

and amended by the Congress. This review should include sampling of obligation documents in at least 3 regional offices, and one 

large and one small headquarters office, to ensure that obligations 

align with program projects identified in the operating plan. GAO 

should make all efforts to provide its findings to the Committee before EPA’s fiscal year 2009 budget hearing. 


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SCIENCE AND TECHNOLOGY

The Science and Technology (S&T) account funds all Environmental Protection Agency research, including, Superfund research 

activities paid with funds moved into this account from the Hazardous Substance Superfund account. This account includes programs carried out through grants, contracts, and cooperative agreements with other Federal agencies, States, universities, and private 

business, as well as in-house research. It also funds personnel compensation and benefits, travel, supplies and operating expenses, including rent, utilities and security, for all Agency research. Research addresses a wide range of environmental and health concerns across all environmental media and encompasses both longterm basic and near-term applied research to provide the scientific 

knowledge and technologies necessary for preventing, regulating, 

and abating pollution, and to anticipate emerging environmental 

issues.

Appropriation enacted, 2007 .............................................................. $733,387,000 

Budget estimate, 2008 ....................................................................... 754,506,000 

Recommended, 2008 ........................................................................... 788,269,000 

Comparison:

Appropriation, 2007 .................................................................... +54,882,000 

Budget estimate, 2008 ................................................................ +33,763,000 

The Committee recommends $788,269,000 for science and technology, $33,763,000 above the budget request and $54,882,000 

above the 2007 enacted level. The Committee notes that a portion 

of the increase above the 2007 enacted level in this account is attributable to the realignment of rent, utilities and security from the 

Environmental Programs and Management (EPM) account. The 

Committee recommends that $26,126,000, as requested by the 

President, be paid to this account from the Hazardous Substance 

Superfund account for ongoing research activities consistent with 

the intent of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. The changes to 

the request, as recommended by the Committee, are discussed by 

program area below. 

Air Toxics and Quality.—The Committee recommends an increase of $2,000,000 above the request for Federal Vehicles and 

Fuels Standards and Certification. This increase is for activities related to greenhouse gas emission reductions. 

Climate Protection Program.—The Committee recommends an increase of $5,500,000 above the request for the Clean Automotive 

Technology Program, which is an increase of $5,727,000 above fiscal year 2007. To the extent possible, the Committee expects that 

not less than $9,000,000 will be available for research and engineering for this program. The Committee continues to believe that 

the Agency’s collaborative research with industry partners to advance hydraulic hybrid technology and clean combustion engines 

holds significant potential to cost-effectively reduce harmful emissions and greenhouse gases from motor vehicles. The Committee 

continues to believe the Administration should give this program 

high priority within its budget request. 

Homeland Security.—The Committee recommends a decrease of 

$6,884,000 below the request, which is a decrease of $13,293,000 


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below fiscal year 2007. The decrease from the President’s budget 

shall be applied as follows: 

¥$3,884,000 from the Water Security Initiative. The Committee supports the Water Security Initiative, but has deferred 

funding a small portion of the fiscal year 2008 request for two 

pilot projects. The Committee understands that the late action 

on the 2007 enacted budget will delay the obligation of funds 

for those pilot projects until 2008. The Agency should be prepared to brief the Committee in January 2008 on the status of 

the initiative and the Agency’s plan for how it will use this information once the pilots are completed. 

¥$2,000,000 from Safe Buildings. Should the Agency continue to request funds for this program, the Committee directs 

the Agency to more fully justify the program in its future 

Budget Justification. 

¥$1,000,000 from overall Homeland Security activities in 

this account. 

Research: Clean Air.—The Committee recommends an increase of 

$16,400,000 above the request, which is $20,084,000 above the fiscal year 2007 level. The increase is directed to Global Change Research. The Committee urges the Agency to expand its research related to climate and global change and suggests at least two areas 

for fruitful research. Given the interest in sequestering carbon 

emissions from power plants, the Committee suggests the Agency 

increase its research efforts into the ecosystem and public health 

impacts of carbon sequestration. To the extent necessary, the Agency shall use this increase for any necessary research or technology 

testing related to the development of the greenhouse gas regulation 

called for in the Administrative Provisions section of this bill. Finally, the Committee expects the Agency to use as much of these 

funds as possible to fund exploratory grants through the Science To 

Achieve Results (STAR) program. 

Research: Clean Water.—The Committee recommends an increase 

of $5,000,000 for a new Breakthrough Technology Fund to develop, 

test and evaluate innovative water and wastewater technologies. 

The gap between the funding need for water and wastewater infrastructure and the funds available for such projects is enormous. 

The Committee supports the Agency’s Sustainable Infrastructure 

Strategy, funded in the EPM account, which attempts to deal with 

this shortfall in innovative ways. The approach includes an emphasis on better management at water and wastewater facilities, water 

efficiency, reuse and conservation, and full cost pricing. The Committee believes that an added investment into clean water research 

will allow the Agency to make great strides in identifying and evaluating new technologies and compliment the Sustainable Infrastructure Strategy. To the extent the Agency chooses, these funds 

are available for STAR extramural grants, as well as intramural 

work.

Research: Human Health and Ecosystems.—The Committee recommends an increase of $11,747,000 above the request, which provides the fiscal year 2007 level of $229,321,000 for this program 

area. With the increase provided, the Committee directs: +$2,776,000 for the STAR portion of the Fellowships program, for a total of $11,214,000. 


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+$350,000 for Endocrine Disruptor research to restore the 

program to the fiscal year 2007 level of $10,481,000. An additional increase for Endocrine Disruptor work is found in the 

EPM account. 

¥$2,776,000 from Computational Toxicology. 

+$11,397,000 for basic research in this program area. From 

within this amount, the Committee directs no less than 

$5,000,000 to the Environmental Monitoring and Assessment 

Program (EMAP), to restore the majority of the reduction proposed by the President. The Committee finds the decreases to 

ecosystems research unacceptable. 

The Committee notes that by providing over $229 million for the 

Research: Human Health and Ecosystems program area, it has approved the requested increase of $6,098,000 for Human Health 

Risk Assessments. The Committee expects the Agency to use as 

much of that increase as necessary to expedite its new risk assessment for trichloroethylene (TCE), as recommended by the National 

Academy of Science’s National Research Council. 

The Committee has included the following additional guidance 

with respect to funding provided under this account. 

Science To Achieve Results (STAR) Across the Science and Technology Account.—The Committee continues to stress the importance of the STAR program and has attempted to target increases 

to areas that will both expand research and support the STAR program. Funding reductions to the STAR program are not acceptable 

because such reductions ultimately result in gaps in critical environmental research. 

Polycyclic Aromatic Hydrocarbons (PAH) Study.—The Committee 

urges the Agency to study human health effects and ecosystem impacts from exposure to polycyclic aromatic hydrocarbons (PAH) 

through parking lot seal-coatings. 

Study of Trona.—The Committee is aware of concerns about the 

public health impacts of using the chemical Trona as a means to 

control sulfur dioxide emissions at coal-fired power plants. The 

Committee urges the Agency to use a portion of the increase provided to the Research: Human Health and Ecosystems program 

area to investigate the potential adverse health and environmental 

impacts of Trona. 

Endocrine Disruptor Research.—It has been more than 10 years 

since Congress passed the Food Quality Protection Act (FQPA) and 

amendments to the Safe Drinking Water Act (SDWA). Both Acts 

contain provisions that call for the screening and testing of chemicals and pesticides for possible endocrine disrupting effects. These 

laws require EPA to develop a screening program that uses appropriate validated test systems and other scientifically relevant information and to determine if the effect that certain substances have 

in humans is similar to the effect produced by a naturally occurring hormone. The Committee is troubled by the lack of progress 

in fulfilling this Federal mandate and believes that this lack of 

progress merits serious consideration of an alternative approach. 

The Committee, therefore, directs EPA to draft a proposal for an 

extramural research grant program and estimates of funding levels. The research program should be based at academic institutions 

which would apply in a competitive process for funding to address 


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critical questions in endocrine disruption. The research should include interdisciplinary collaboration and research designs using 

sensitive models at environmentally relevant doses and vulnerable 

life stages. 

The Committee supports the Agency’s effort to review the costs 

associated with running its laboratories. The Committee understands that the purpose of the study is not to close labs, but to 

identify efficiencies and cost savings applicable to all labs. The 

Committee expects the Agency to report near term recommendations, and any resulting savings by the end of the summer 2007, 

and its plans for a long term assessment of lab network needs over 

the next ten years as soon as possible, preferably before the 2009 

budget hearings. 

California Emissions Standards.— The transportation sector accounts for approximately one third of CO2 emissions within the 

United States. A reduction in vehicle emission levels will provide 

a significant public health benefit from decreased levels of respiratory illness and mitigation of global climate change forcing pollutants. In the absence of action by the federal government, the 

State of California, with the support of at least 11 other states, has 

proactively developed standards to address passenger car, lightduty truck, and medium-duty passenger vehicle greenhouse gas 

emissions. The Committee strongly encourages the EPA to promptly issue a decision on the State of California’s December 2005 petition for a waiver to enact car emissions standards that would reduce greenhouse gases from vehicles by 30 percent by 2016. In 

light of the 2006 report by the National Academies of Sciences recommending a two-year limit on all waiver reviews, the committee 

believes it is reasonable to expect the Agency to issue this waiver 

no later then December 31, 2007. If the EPA is unable to issue a 

decision by that date, the committee expects the EPA to provide a 

report detailing why the review could not be completed by that 

date, the current status of the review, and a timeline for completion of any remaining phase of the review. 

COMMISSION ON CLIMATE CHANGE ADAPTATION AND MITIGATION

Appropriation enacted, 2007 .............................................................. $0 

Budget estimate, 2008 ....................................................................... 0 

Recommended, 2008 ........................................................................... 50,000,000 

Comparison:

Appropriation, 2007 .................................................................... +50,000,000 

Budget estimate, 2008 ................................................................ +50,000,000 

CLIMATE CHANGE COMMISSION

As noted in the introduction to this report, the Committee views 

global climate change as one of the great challenges facing our 

country. The recent reports of the Intergovernmental Panel on Climate Change (IPCC) have eliminated any lingering doubt about 

whether global warming is occurring. In fact, these reports make 

clear that global warming has already resulted in real and significant impacts. This was confirmed at hearings held by the Appropriations Committee in April during which witnesses from the land 

management agencies of the Interior Department and Forest Service described climate related changes already occurring in the naVerDate Aug 31 2005 06:25 Jun 12, 2007 Jkt 035896 PO 00000 Frm 00100 Fmt 6602 Sfmt 6602 E:\HR\OC\HR187.XXX HR187

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tional parks, wildlife refuges and on other public lands. These impacts included increased wildfires, changing precipitation and 

water availability patterns, increasing presence of invasive species, 

changing migratory patterns for many animals and birds, and significant loss of habitat for many species. The conclusions are clear. 

Climate change is real; its impacts are already present; and, irrespective of regulatory or technological changes put in place over the 

next few years, climate change will remain a reality for the foreseeable future. The challenge now is how to live with this reality. 

To begin to address this reality, society must now initiate a new 

stage of the debate which focuses on effective steps to facilitate adaptation to and mitigation of climate change. This debate will take 

many forms and it will be a long process which may lead us in unknown directions. At the onset of this effort, we know, however, 

that science will be a key tool for monitoring climate change and 

for developing and testing different adaptation and mitigation 

strategies and tools. For this reason, the Committee has included 

$50 million in this bill to jump-start the scientific effort around the 

adaptation and mitigation challenges. 

The specific science activity which will be required will not be 

limited to agencies funded in the Interior and Environment Appropriations bill. The Committee has taken the unusual step, therefore, of creating a temporary, two-year Commission whose mission 

is to analyze the science needs throughout government with regard 

to climate change adaptation and mitigation. The design for this 

Commission follows that of the recent and widely cited National 

Academy of Sciences ‘‘Rising Above the Gathering Storm’’ review of 

American competitiveness. It is important to understand that the 

new Commission established in this bill is not charged with studying the question of whether climate change is occurring or at what 

rate. Nor is it a Commission to determine the causes of global 

warming or regulatory approaches to ameliorate these causes. Its 

charter is limited to making recommendations on the science questions that need to be addressed and the initial steps which should 

be taken to begin serious research related to those questions. The 

first set of recommendations of the Commission under this charter 

is due by July 1, 2008 and the second set of recommendations by 

March 30, 2009. The Commission will terminate on September 30, 

2009 after submitting a final report on implementation of its recommendations.

While the use of a commission or advisory committee to guide 

Federal science investment is not unusual, this Commission is 

atypical in two ways. First, it cuts across all areas of climate related science which might contribute to these challenges. Second, 

it may be unique in that money is included in this fiscal year 2008 

bill to begin implementation of the Commission’s recommendations 

during 2008. Of the $50 million included in the bill, $45 million 

will be transferred on July 1, 2008 by the Administrator of the 

EPA to various Federal science agencies for implementation of 

Commission recommendations. The amounts of the various transfers are to be based on the Commission’s report. In short, this is 

a Commission which will actually have money to invest, making it 

at the same time both more credible and more effective. 


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The Commission will be comprised of science leaders both inside 

and outside government. Specifically, it will include the Administrator of the Environmental Protection Agency, the Director of the 

National Science Foundation, the Administrator of the National 

Aeronautics and Space Administration, the Director of the United 

States Geological Survey, the Undersecretary for Science of the Department of Energy, the Administrator of the National Oceanographic and Atmospheric Administration, the Chief of the United 

States Forest Service, the President of the National Academy of 

Engineering, the President of the National Academy of Sciences, 

and six additional members with appropriate expertise to be selected by the Chairman. The President of the National Academy of 

Sciences is designated as the Chairman by statute. The Commission will be housed within the Environmental Protection Agency for 

administrative and logistical support. The bill includes $5 million 

for support costs of the Commission. In addition to supporting employment of Commission staff directly, funds are provided for contractual support from the National Academy of Sciences. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

The Environmental Programs and Management account encompasses a broad range of abatement, prevention, enforcement, and 

compliance activities, and personnel compensation, benefits, travel, 

and expenses for all programs of the Agency except Science and 

Technology, Hazardous Substance Superfund, Leaking Underground Storage Tank Trust Fund, Oil Spill Response, and the Office of Inspector General. 

Abatement, prevention, and compliance activities include setting 

environmental standards, issuing permits, monitoring emissions 

and ambient conditions and providing technical and legal assistance toward enforcement, compliance, and oversight. In most cases, 

the States are directly responsible for actual operation of the various environmental programs and the Agency’s activities include 

oversight and assistance. 

In addition to program costs, this account funds administrative 

costs associated with the operating programs of the Agency, including support for executive direction, policy oversight, resources management, general office and building services for program operations, and direct implementation of Agency environmental programs for headquarters, the ten EPA Regional offices, and all nonresearch field operations. 

Appropriation enacted, 2007 .............................................................. $2,358,370,000 

Budget estimate, 2008 ....................................................................... 2,298,188,000 

Recommended, 2008 ........................................................................... 2,375,582,000 

Comparison:

Appropriation, 2007 .................................................................... +17,212,000 

Budget estimate, 2008 ................................................................ +77,394,000 

The Committee recommends $2,375,582,000 for environmental 

programs and management, an increase of $77,394,000 above the 

budget request and an increase of $17,212,000 above the 2007 enacted level. The changes to the request, as recommended by the 

Committee, are discussed by program area below. 

Air Toxics and Quality.—The Committee recommends an increase of $2,000,000 to the request, which is a decrease of 


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$1,245,000 from fiscal year 2007. Based on the recent Supreme 

Court decision, Massachusetts et al. v. EPA et al., the Committee 

directs the Agency to use this increase to begin the process to develop a rule to reduce greenhouse gas emissions. An Administrative 

Provision at the end of Title II makes these funds available only 

for this purpose. The Agency may, of course, spend more on this 

effort, as it sees fit. 

The Committee believes the Agency could begin as early as 2008 

to promulgate a regulation to control greenhouse gas emissions. To 

the extent further research or technology testing is required, the 

Agency may use a portion of the $16,400,000 increase provided in 

the Science and Technology account under the Research: Clean Air 

program. Additional direction related to this provision is found in 

the EPA Administrative Provisions section below. 

Climate Protection.—The Committee recommends a net increase 

of $7,574,000 above the request, which is $3,299,000 above fiscal 

year 2007. From within the new total, the Committee directs an increase of $8,074,000 for the Energy Star program to bring the total 

program level to $52,000,000. The Committee also has reduced the 

amount for the Asia-Pacific Partnership by $2,500,000, which is 

half the requested amount. The Committee intends the remainder 

of the increase provided in this program area for other core climate 

protection programs. The Committee has provided the budget request for the Methane-to-Markets program. 

Enforcement.—The Committee recommends an increase of 

$10,178,000 above the request, which is $11,828,000 above fiscal 

year 2007. From the increase, the Committee directs $3,178,000 for 

the Environmental Justice program. This increase brings the total 

program to $7,000,000, almost $1,500,000 above the fiscal year 

2006 level. The remaining increase of $7,000,000 is directed to support additional personnel in the Civil and Criminal Enforcement 

areas, to be allocated between the two at the Agency’s discretion. 

Geographic Programs.—The Committee recommends an increase 

of $24,557,000 in this program area in order to augument efforts 

to protect and save the Nation’s great water bodies. This amount 

is $23,398,000 above the fiscal year 2007 level. This increase, coupled with funds provided elsewhere for the National Estuaries Program and the Great Lakes Legacy Act, greatly expands the Committee’s commitment to a number of important water bodies 

throughout the country. The Committee directs the increase in this 

program area to be distributed to provide the following total program levels: 

$30,000,000 for the Chesapeake Bay Program. Of this 

amount, $22,000,000 is for the base program, $4,000,000 for 

small watershed grants, and $4,000,000 for targeted watershed 

grants. The Committee notes recent GAO findings that EPA 

should focus on a cost effective strategy for nitrogen reductions 

and restoration activities that help the Agency achieve its 

Chesapeake 2000 commitments by 2010. To the extent possible, the Agency should focus the funds provided for targeted 

watershed grants to cost-effective, nitrogen reductions and restoration activities that have already been identified. 


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$25,000,000 for the Great Lakes National Program Office. A 

majority of the increase should be used for additional staff to 

implement the Great Lakes Legacy Act. 

$15,000,000 for implementation of the Puget Sound program, 

including funding for both grants and contracts necessary to 

accomplish the goals of the section 320 management plan. 

$10,000,000 for the Long Island Sound program to implement both the Long Island Sound Restoration and Stewardship 

Acts.

$4,448,000 for the Community for a Renewed Environment 

(CARE) program. 

$3,651,000 for Other Geographic Activities, not specified in 

the detailed table. 

In addition, the Committee directs a $4,953,000 reduction to the 

Regional Administrators’ Geographic Initiative, for a total program 

level of $4,600,000. The Committee notes that the Agency’s budget 

provides little justification on how these funds will be used in fiscal 

year 2008. At a minimum, future Budget Justifications should include the criteria used to allocate the funds by Region and the criteria used by each Region to select priojects. To the extent that the 

Agency can list the projects proposed to be funded, it should do so. 

In addition, the Committee also directs the Agency to submit a report by January 15, 2008, to include for fiscal years 2005, 2006, 

and 2007: (1) the criteria used to allocate these funds to each regional office; (2) the criteria used to select the projects funded by 

each Region; (3) a list, by Region, of the projects and amounts funded; and, (4) a summary of how each project met the selection criteria and its accomplishments. 

Indoor Air.—The Committee recommends an increase of 

$500,000, which is $1,745,000 below fiscal year 2007. The Committee directs this increase to the Reduced Risks from Indoor Air 

program.

Information Exchange/Outreach.—The Committee recommends 

an increase of $9,000,000, which is $4,538,000 above fiscal year 

2007. The Committee provides the increase to restore the Environmental Education Program and directs the Agency to apply the formula mandated in the statute to the entire amount provided. 

Legal/Science/Regulatory/Economic Review.—The Committee 

provides the request and directs, from within that amount: 

¥$1,300,000 from the Regulatory Innovation and Regulatory/ 

Economic-Management and Analysis program-projects, to be allocated between the two at the Agency’s discretion. 

+$1,300,000 to the Legal Advice: Environmental Program and 

Legal Advice: Support Program, to be allocated between the two at 

the Agency’s discretion. 

Operations and Administration.—The Committee recommends a 

decrease of $6,000,000, to be distributed as follows: 

¥$2,000,000 from facilities infrastructure and operations. The 

Committee takes this action in anticipation of rent savings identified from its building consolidation study. The Committee urges the 

Agency to complete this study as expeditiously as possible and report its findings, and any additional budget savings, to the Committee at that time. 


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¥$2,000,000 from Acquisition Management from development of 

the new acquisition management system. According to information 

received by the Committee this new funding level will still provide 

a $1,000,000 increase above fiscal year 2007 for this new data system.

The Agency has the discretion to decide where within this program area to take the remainder of the reduction. 

The Committee commends the Agency for its work to improve 

grants management and believes it has created a model program. 

Although the Committee has not specifically increased the request 

for ‘‘Financial Assistance Grants and IAG Management’’, it recognizes the additional workload associated with many of the programmatic increases recommended in this bill, including the grants 

for diesel emission reductions, environmental education, geographic 

specific and other programs. The Agency should brief the Committee as soon as possible on the impact of this additional workload 

and how the Agency will address it both at headquarters and in 

the regions. 

Resource Conservation and Recovery Act.—The Committee recommends a decrease of $2,000,000, which is $166,000 less than fiscal year 2007. Within this program area, the Committee denies, 

without prejudice, the Agency’s request of $4,000,000 for an electronic manifest for hazardous waste. The Committee takes this action because Congress has yet to authorize the Agency to collect 

fees to run this program. The Committee is willing to reconsider 

funding in future years once the authorization is enacted. Due to 

prior year shortfalls in this area, the Committee recommends 

$2,000,000 of the funds remain in this program area. The Committee is aware of the extraordinary delays in issuing a final regulation on disposal of industrial wipes. With a portion of the 

$2,000,000, the Committee expects the Agency to expedite completion of this regulation and report to the Committee no later than 

January 30, 2008 on its status. 

Toxics Risk Review and Prevention.—The Committee recommends an increase of $3,585,000, which is $644,000 below fiscal 

year 2007. The Committee directs $2,360,000 of the increase to the 

Endocrine Disruptor program, which restores this program to its 

2007 level. The remainder of the increase, $1,225,000, is directed 

to the High Production Volume Challenge and Voluntary Children’s

Chemical Evaluation Programs, restoring those programs to the enacted levels. 

Water: Ecosystems.—The Committee recommends an increase of 

$12,000,000, which is $13,225,000 above fiscal year 2007. The Committee directs $10,000,000 of the increase to the National Estuary 

Program grant, authorized by section 320 of the Clean Water Act. 

This increase will provide a total of $16,832,000 for the grant program. The Committee directs all that each national estuary receive 

a minimum of $600,000. 

The Committee has also provided an increase of $2,000,000 for the Great Lakes Legacy Act, for a total of $37,000,000. This is 

$6,920,000 above fiscal year 2007. The Committee notes its concern 

that the backlog to review proposals may delay the timely obligation of funds and the completion of clean-ups. As such, the Committee notes GAO observations that Agency staffing resources do 


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not match the complexity of the program and may not be sufficient 

to administer the program. Furthermore, GAO observed that the 

program has completed only three clean-up actions. Thus, the Committee provided, under the Geographic Program elsewhere in this 

account, resources to fund additional staff in the Great Lakes National program Office specifically to implement the Great Lakes 

Legacy Act. 

Water: Ecosystems.—The Committee recommends an increase of 

$10,000,000, which is $11,225,000 above fiscal year 2007. The Committee directs the increase to the National Estuary Program grant, 

authorized by section 320 of the Clean Water Act. This increase 

will provide a total of $16,832,000 for the grant program. The Committee directs that each national estuary receive a minimum of 

$600,000.

The Committee has also provided the request of $35,000,000 for 

the Great Lakes Legacy Act. However, the Committee notes its concern that the backlog to review proposals may delay the timely obligation of funds and the completion of clean-ups. As such, the 

Committee notes GAO observations that Agency staffing resources 

do not match the complexity of the program and may not be sufficient to administer the program. Furthermore, GAO observed that 

the program has completed only one clean-up action. Thus, the 

Committee provided under the Geographic Program elsewhere in 

this account, resources to fund additional staff in the Great Lakes 

National Program Office specifically to implement the Great Lakes 

Legacy Act. 

Water: Human Health Protection.—The Committee recommends 

an increase of $16,000,000, which is $5,528,000 over fiscal year 

2007. The Committee directs the increase to a competitive program 

to provide technical assistance to rural and small public water systems, as authorized by section 1442(e) of the Safe Drinking Water 

Act, as amended. Such a program should include assistance to 

small public water systems for managing, financing, planning and 

developing new and existing water facilities to enable such water 

systems to achieve and maintain compliance with applicable national drinking water standards. Such assistance may include 

multi-state regional technical assistance. In addition, this competitive program should provide for source water and groundwater protection work, eligible to be provided under section 104 of the Federal Water Pollution Control Act, as amended. The Committee expects the Agency to issue the competitive announcement in a timely fashion to ensure no lag in assistance for small systems. 

Rural Water Technical Assistance.—The Committee understands 

that EPA is planning to allocate approximately $7.6 million of FY 

07 funds for competitive grants for rural water technical assistance 

activities. The Committee notes that the importance of continuing 

assistane to rural communities as virtually all the systems out of 

compliance with federal standards are small—having 3300 population or less. A recent report by the Agency indicated that there 

is still substantial need for third party technical assistance. For 

this reason, the Committee urges the Agency to expedite the process for making grants for rural water technical assistance and expects the Agency to complete the process no later than December 

31, 2007. 


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The Committee has included the following additional guidance 

with respect to funding provided under this account. 

Underground Injection of Carbon Dioxide.—The Committee recognizes that a safe system for underground sequestration of carbon 

dioxide emissions from industrial operations may be a key element 

of efforts to deal with global climate change. The Agency has recently issued draft guidelines for permitting experimental carbon 

dioxide underground injection pilot projects. The Committee encourages the Agency to expand its efforts to analyze the safety and 

permanence issues associated with this procedure if it is implemented on a large scale and to develop a regulatory framework for 

how these risks might be minimized. The Committee expects the 

Agency to be prepared to testify on this matter during the fiscal 

year 2009 appropriations hearings. 

Voluntary Programs.—The Agency implements a number of programs it refers to as ‘‘Voluntary Programs’’, which are designed in 

part to foster partnerships with the regulated community. Information received by the Committee indicates that more than $180 million, or almost 8 percent of the funds requested in EPM, are associated with Voluntary Programs. To better understand the funding 

of and environmental benefits associated with these programs, the 

Committee directs the Agency to submit a report within 60 days of 

enactment on each voluntary program funded through this account 

and the Science and Technology account, to include the following 

for fiscal years 2006, 2007 and 2008: a short summary of the purpose of the program and an estimate of the environmental benefits 

achieved through the program; the funding for each program, by 

account and program-project; for each grant program, the salary, 

contract and grant amounts; to the extent grants are awarded in 

the program, the statutory authority used to award the grants and 

a short summary of the criteria used to select the grantee. 

Migrant Farm Workers.—The Committee supports the Agency’s

programs on pesticides education, particularly those directed to migrant farm workers and encourage expansion of this effort. 

Environmental Justice.—The Committee directs the Agency to 

submit a report, no later than 180 days after enactment of this bill, 

on its implementation of recommendations included in the 2004 

and 2006 Inspector General (2004–P–00007 and 2006–P–00034)

and 2005 Government Accountability Office (GAO–05–289) reports 

on environmental justice. The report should also identify actions to 

modify the Administrator’s emergency management procedures to 

incorporate environmental justice in the Agency’s Incident Command Structure (in accordance with the December 18, 2006, letter 

from the Deputy Administrator to the Acting Inspector General of 

the Agency). The Agency shall submit the report to both the Committees on Appropriations and Energy and Commerce. 

Waste-Coal Fired Power Plant Emissions.—The Committee is 

aware of concerns that the Agency’s Clean Air Interstate Rule 

(CAIR) includes provisions to regulate waste-coal fired power 

plants. Within 30 days of enactment, the Agency is directed to report to the Committee on the waste-coal plant inclusion in CAIR. 

This report should include the reasons the rule incorporated this 

type of plant, the economic impact to the included facilities and the 

environmental impact if the plants were to be excluded. 


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Green Infrastructure Partnership.—The Committee is supportive 

of the Agency’s efforts to foster work in the area of green infrastructure and approaches to control combined sewer overflows and 

storm water pollution. The Committee is aware of and supports the 

Agency’s April 19, 2007, partnership agreement to promote this 

type of infrastructure and supports Agency efforts to provide technical assistance, training, and resource materials to Federal, State, 

and local partners who want to implement green infrastructure 

projects. The Committee urges the Agency to include information 

on implementation in its fiscal year 2009 Budget Justification. 

Great Lakes Legacy Act Cost Share Criteria.—The Committee directs the Environmental Protection Agency to provide as soon as 

possible a report outlining the criteria it uses to determine the 

types of projects which qualify for the non-Federal match under the 

Great Lakes Legacy Act (GLLA). The Committee understands that 

the Agency has denied the Toledo Waterways Initiative as the required non-Federal share for a GLLA sediment remediation project 

on the Ottawa River. Because the denial came after an initial indication that the project would be acceptable, the Committee is concerned that the criteria used to determine applicability of the 

match requirement may be unclear. The Toledo Waterways Initiative and other Combined Sewer Overflow projects represent significant expenditures of local resources. Concerned that the Agency 

may have missed opportunities to remediate dangerous, toxic outflows into the Great Lakes, the Committee expects the Agency to 

explain its decision and the steps it has taken to clarify the criteria 

for future proposals. 

Pesticide and Endocrine Disruptor Report.—Given that the Committee has restored funding for the Endocrine Disruptor Program, 

it expects the Agency to accelerate its schedule for completing validation of screening and testing assays. To that end, the Committee 

directs the Agency to report to Congress within six months of enactment of this Act, and annually thereafter, on: (a) the number of 

pesticides that EPA has registered or re-registered, and the number of pesticides for which EPA has made either a re-registration 

eligibility decision, issued a tolerance, or conducted a registration 

review, since August 3, 1999; (b) the number of such pesticides for 

which EPA has conducted or required testing for endocrine disrupting effects; (c) the number of such pesticides for which EPA 

has considered and made a determination regarding endocrine disrupting effects; (d) the number and identity of endocrine disruptor 

screening and testing assays EPA has validated; (e) the number 

and identity of endocrine disruptor screening and testing assays 

that EPA has not validated; and (f) the reasons each assay has not 

been validated. The Committee encourages the Agency to expedite 

its validation of Tier 2 screening and directs the Agency to include 

in this report a schedule for completing validations for Tier 2 

screening and testing assays. The Committee is aware that EPA 

plans to complete its validation of the Tier 1 assay system for 

screening endocrine disruptor chemicals and expects to require Tier 

1 screening during calendar year 2008. The Committee directs the 

Agency to begin, by August 2008, to require the use of a battery 

of assays for endocrine disruptor screening as required by section 

408(p) of the Federal Food, Drug and Cosmetic Act. Should EPA 


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decide to delay implementation of the Tier 1 screening, the Agency 

should notify the Committee of the reasons for such delay and provide a revised date for implementation. 

Water Quality Best Management Practices.—The Committee 

urges the Agency to conduct a comprehensive update of the Water 

Quality National Best Management Practices Database and to contribute data to update international best management practices 

databases.

OFFICE OF INSPECTOR GENERAL

The Office of Inspector General (OIG) provides audit, evaluation, 

and investigation products and advisory services to improve the 

performance and integrity of EPA programs and operations. For at 

least one additional fiscal year, the Inspector General (IG ) will 

perform the function of IG for the Chemical Safety Board. This account funds personnel compensation and benefits, travel, and expenses (excluding rent, utilities, and security costs) for the Office 

of Inspector General. In addition to the funds provided under this 

heading, this account receives funds from the Hazardous Substance 

Superfund account. 

Appropriation enacted, 2007 .............................................................. $37,172,000 

Budget estimate, 2008 ....................................................................... 38,008,000 

Recommended, 2008 ........................................................................... 43,500,000 

Comparison:

Appropriation, 2007 .................................................................... +$6,328,000 

Budget estimate, 2008 ................................................................ +$5,492,000 

The Committee recommends $43,500,000, $5,492,000 above the 

budget request and $6,328,000 above the 2007 enacted level. In addition, the Committee recommends that $10,000,000, an increase of 

$2,851,000 above the request, be paid to this account from the Hazardous Substance Superfund account. 

The Committee has approved an increase to maintain the Office’s

staffing levels prior to the reductions implemented by the Acting 

Inspector General. The Committee directs that none of the funds 

provided in fiscal year 2008 be used for ‘‘buy outs’’ associated with 

proposed staffing reductions. The Committee believes the IG acted 

prematurely in pursuing staff ‘‘buy outs’’, based on the President’s

fiscal year 2008 budget request, prior to Congressional action on 

that request. The Committee is concerned that this action will result in loss of experienced staff, adversely affecting the OIG’s ability to perform audits and respond to Congressional requests. The 

IG is directed to provide quarterly staffing reports to the Committee, to make every effort to maintain experienced staff, and in 

the future consult with Congress before taking actions to reduce 

the staff. 

The Committee has again included authorization for the EPA IG 

to serve as the IG for the Chemical Safety and Hazard Investigation Board. The Committee has included direction in the Chemical 

Safety Board section of this report that it hopes will limit this activity of the EPA IG to only one more year. However, no matter 

how long this arrangement, the Committee recognizes the efforts of 

the Office of the Inspector General in this area. 


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BUILDINGS AND FACILITIES

The Buildings and Facilities account provides for the design and 

construction of EPA-owned facilities as well as for the repair, extension, alteration, and improvement of facilities used by the Agency. The funds are used to correct unsafe conditions, protect health 

and safety of employees and Agency visitors, and prevent deterioration of structures and equipment. 

Appropriation enacted, 2007 .............................................................. $39,626,000 

Budget estimate, 2008 ....................................................................... 34,801,000 

Recommended, 2008 ........................................................................... 34,801,000 

Comparison:

Appropriation, 2007 .................................................................... ¥4,825,000

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $34,801,000, the budget request, which is a decrease of $4,825,000 from the enacted level. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

The Hazardous Substance Superfund (Superfund) program was 

established in 1980 by the Comprehensive Environmental Response, Compensation, and Liability Act to clean-up emergency 

hazardous materials, spills, and dangerous, uncontrolled, and/or 

abandoned hazardous waste sites. The Superfund Amendments and 

Reauthorization Act (SARA) expanded the program substantially in 

1986, authorizing approximately $8,500,000,000 in revenues over 

five years. In 1990, the Omnibus Budget Reconciliation Act extended the program’s authorization through 1994 for 

$5,100,000,000 with taxing authority through calendar year 1995. 

Subsequent to the tax expiring, funding has come primarily by appropriation from the General Fund of the Treasury. 

The Superfund program is operated by EPA subject to annual appropriations from a dedicated trust fund and from general revenues. Enforcement activities are used to identify and induce parties 

responsible for hazardous waste problems to undertake clean-up 

actions and pay for EPA oversight of those actions. In addition, responsible parties have been required to cover the cost of fund-financed removal and remedial actions undertaken at spills and 

waste sites by Federal and State agencies. Funds are paid from 

this account to the Office of Inspector General and the Science and 

Technology accounts for Superfund related activities. 

Appropriation enacted, 2007 .............................................................. $1,255,097,000 

Budget estimate, 2008 ....................................................................... 1,244,706,000 

Recommended, 2008 ........................................................................... 1,272,008,000 

Comparison:

Appropriation, 2007 .................................................................... +16,911,000 

Budget estimate, 2008 ................................................................ +27,302,000 

The Committee recommends $1,272,008,000 for the Hazardous 

Substance Superfund, increases of $27,302,000 above the request 

and $16,911,000 above the fiscal year 2007 enacted level. The 

changes to the request, as recommended by the Committee, are discussed by program area below. 

Audits, Evaluations and Investigations.—The Committee recommends an increase of $2,851,000, which is $3,337,000 below fisVerDate Aug 31 2005 06:25 Jun 12, 2007 Jkt 035896 PO 00000 Frm 00110 Fmt 6602 Sfmt 6602 E:\HR\OC\HR187.XXX HR187

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cal year 2007. The Committee directs these funds to partially restore the reduction in Superfund work assumed by the President’s

budget and directs that none of these funds be used for buyouts associated with staffing reductions. The Committee notes that nowhere in the Agency’s budget justification does it explain why it 

has proposed such a large decrease in the IG portion of the Superfund. Considering that the Superfund program is the largest single 

program the Agency administers, recognizing past issues with implementation of the program, and acknowledging the need for effective management to stretch Federal dollars further, the Committee 

cannot agree to a large reduction in this program. The Committee 

cites, as an example of the OIG’s important Superfund work, the 

recent report on the Agency’s management of Interagency Agreements with the U.S. Army Corps of Engineers. 

Enforcement.—The Committee recommends an increase of 

$9,000,000, which is an increase of $4,716,000 above fiscal year 

2007. The Committee directs this increase to the Superfund Enforcement program, including a $1,500,000 increase for the Department of Justice Interagency Agreement. The Agency’s focus on the 

‘‘Enforcement First’’ philosophy for the Superfund program has 

been crucial in leveraging Federal funds. This effort has led to potentially responsible parties (PRPs) cleaning up 70 percent of the 

Superfund sites. A strong enforcement component is essential both 

to securing consent order agreements with PRPs for fund studies 

and clean-ups and to recovering from those PRPs Federal money 

spent on clean-ups. The more the Agency uses its enforcement program to leverage private resources from PRPs, the more limited 

Federal resources are available for those ‘‘orphan’’ sites without responsible parties. The Committee recognizes the importance of the 

correct ‘‘mix’’ between enforcement and clean-up funds. In the past, 

the program has demonstrated that when the two components 

work together to encourage private sector clean-up of sites, more is 

accomplished. To that end, the Committee has also recommended 

an increase in remedial clean-up funds, as referenced below. 

Legal/Science/Regulatory/Economic Review.—The Committee 

recommends an increase of $287,000, which is an increase of 

$213,000 above fiscal year 2007. The Committee directs this increase to the Legal Advice: Environmental Program. 

Superfund Cleanup.—The Committee recommends an increase of 

$15,164,000, which is $22,763,000 above fiscal year 2007. The Committee directs the increase to the Superfund Remedial program, 

providing a total funding level for this effort of $600,000,000. The 

Committee recognizes the ever increasing complexity of the remaining sites on the Superfund National Priority List. However, the 

Committee was most disappointed when the Agency reduced the 

number of completed constructions from the historic high of 88 per 

year to the new, low estimate of 24. With these additional funds, 

the Committee expects the Agency to raise its estimate of construction completes. 

Bill Language.—Bill language is included to pay funds from this 

account to the Office of Inspector General and the Science and 

Technology accounts. The funds paid to the Office of the Inspector 

General account are increased above the budget request by 

$2,851,000.


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The Committee has included the following additional guidance 

with respect to funding provided under this account. 

Use of the Army Corps of Engineers To Oversee Superfund Cleanups.—The Committee is concerned by the recent OIG report on the 

Agency’s management of Superfund Interagency Agreements 

(IAGs) with the Army Corps of Engineers (the COE). According to 

the OIG, the Agency has spent over $500,000,000 in the last two 

completed fiscal years on Superfund IAGs with the COE. The Committee is disappointed to learn that the Agency does not routinely 

consider alternatives to using the COE. In principle, the Committee 

does not object to using the COE as a means to clean-up Superfund 

sites. However, cost considerations should always be an important 

consideration when determining how best to perform work at a 

Superfund site. The Committee believes the COE should be used 

only when it is the most cost effective and timely mechanism to 

complete clean-ups. 

The Committee agrees with the OIG report that the Agency 

needs to develop its own independent cost estimates of the COE 

work and conduct cost analysis of alternatives prior to determining 

whether or not to engage the COE. The Committee appreciates the 

Agency’s decision to update and reissue past policy guidance to the 

Regions. However, the Committee expects the Agency to also implement controls to ensure that the Regional Offices comply with the 

updated guidance. Therefore, the Committee directs the Agency to 

report on how it will monitor compliance with the policy to ensure 

implementation in all Regions. The report is due to the Committee 

on December 31, 2007. 

Superfund Alternative Sites.—The Committee appreciates the 

Agency’s responses to the Committee’s questions on Superfund Alternative Sites (SAS), which are those sites that are eligible for the 

National Priority List (NPL) but not listed. The Committee understands the Agency has re-evaluated the number of sites it categorizes as SAS. Where it once reported 109 SAS in 2003, it now 

reports only 22 as of the end of 2005. The Committee notes that 

even at this lower number, 90 percent of the SAS are in three of 

the four Regions with the highest percentage of completed NPL 

sites. At best, this indicates an inconsistent use of Superfund Alternative Sites among the Regions. 

The Committee directs the Agency to report by December 31, 

2007 on these sites. The report should include a discussion of: (1) 

the steps the Agency has taken to ensure that the criteria the Regions use to identify and fund Alternative Sites are uniform; and, 

(2) how the Agency prioritizes these sites along with NPL sites to 

ensure that response funds are spent on sites with the highest risk. 

In addition, the Committee requests the Agency to report, at the 

end of each fiscal year, the number of SAS funded, by Region; the 

intramural and extramural costs associated with those sites; and 

information on each site listed including the risk posed by each 

site.

Relocations.—The Committee is aware of concerns about inconsistent policies regarding payment of relocation costs associated 

with Superfund sites. The Committee directs the Agency to provide 

information on: (1) the criteria it uses to determine when to relocate a jurisdiction (town, municipality, subdivision, etc.); (2) a list 


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of the requests for relocation it received in 2006 and 2007; (3) the 

final determination on the request; and, (4) the Agency’s reasons 

for approving or denying the request. 

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

Subtitle I of the Solid Waste Disposal Act, as amended by the 

Superfund Amendments and Reauthorization Act, authorized the 

establishment of a response program for clean-up of releases from 

leaking underground storage tanks. Owners and operators of facilities with underground tanks must demonstrate financial responsibility and bear initial responsibility for clean-up. The Federal trust 

fund is funded through the imposition of a motor fuel tax of onetenth of a cent per gallon. 

In addition to State resources, the Leaking Underground Storage 

Tank (LUST) Trust Fund provides funding to clean-up sites, enforce necessary corrective actions and recover costs expended from 

the Fund for clean-up activities. The underground storage tank response program is designed to operate primarily through cooperative agreements with States. Funds are also used for grants to nonState entities, including Indian tribes, under Section 8001 of the 

Resource Conservation and Recovery Act. The Energy Policy Act of 

2005 expanded the authorized activities of the Fund to include the 

underground storage tank program. In 2006, Congress amended 

section 9508 of the Internal Revenue Code to authorize expenditures from the trust fund for prevention and inspection activities. 

Appropriation enacted, 2007 .............................................................. $100,252,000 

Budget estimate, 2008 ....................................................................... 92,235,000 

Recommended, 2008 ........................................................................... 117,961,000 

Comparison:

Appropriation, 2007 .................................................................... +17,709,000 

Budget estimate, 2008 ................................................................ +25,726,000 

The Committee recommends $117,961,000 for the Leaking Underground Storage Tank Trust Fund Program (LUST) Trust Fund, 

which is an increase of $25,726,000 above the request and 

$17,709,000 above the 2007 enacted level. To facilitate comparisons 

to the President’s request, the amounts referenced below reflect the 

movement of the underground storage tank grants, as authorized 

by the Energy Policy Act, into this account. The changes to the request, as recommended by the Committee, are discussed by program area below 

Underground Storage Tanks (LUST/UST).—After adjusting the 

account to reflect the movement of the grant program from the 

State and Tribal Assistance (STAG) account to the LUST account, 

the Committee’s recommendation is an increase of $25,726,000. 

With the increase provided, the Committee directs: 

+$10,000,000 for the LUST Cooperative Agreements with the 

States.

+$15,726,000 for the Underground Storage Tank Grants authorized by the Energy Policy Act. This increase, combined with the 

funds moved from the STAG account, will provide a total of 

$35,500,000 for this new grant program. A small portion of the 

President’s request, which would fund State activities not authorized to be funded through the LUST Trust Fund, remains in the 

STAG account. 


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Bill Language.—Bill language is included to fund the underground storage tank grant program, authorized by the 2005 Energy 

Policy Act and tribal grants from this account. The President had 

proposed $22,274,000 for UST grants in the State and Tribal Assistance Grants account. However, the Energy Policy Act envisioned these grants to be funded from the LUST Trust Fund. Consistent with that authorization, the Committee includes bill language to provide LUST Trust Fund resources to fund the portion 

of the State and tribal grants associated with activities authorized 

by the Energy Policy Act. The President’s budget had also requested an amendment to the Energy Policy Act to change the 

types and frequency of State inspections, in part to offset the impact of the proposed reduction in grant resources. With the increase provided, the Committee sees no need to accept the President’s proposal to amend the Energy Policy Act. 

The Committee also includes bill language which authorizes, for 

one year, the Administrator to use the LUST Trust Fund for tribal 

grants to develop and implement underground storage tank programs.

OIL SPILL RESPONSE

This appropriation, authorized by the Federal Water Pollution 

Control Act, as amended by the Oil Pollution Act of 1990, provides 

funds to prepare for and prevent releases of oil and other petroleum products in navigable waterways. In addition, EPA is reimbursed for incident specific response costs through the Oil Spill Liability Trust Fund managed by the United States Coast Guard. 

EPA is responsible for directing all clean-up and removal activities posing a threat to public health and the environment; conducting site inspections; providing a means to achieve clean-up activities by private parties; reviewing containment plans at facilities; reviewing area contingency plans; pursuing cost recovery of 

fund-financed clean-ups; and conducting research of oil clean-up 

techniques. Funds for this appropriation are provided through the 

Oil Spill Liability Trust Fund which is composed of fees and collections made through provisions of the Oil Pollution Act of 1990, the 

Comprehensive Oil Pollution Liability and Compensation Act, the 

Deepwater Port Act of 1974, the Outer Continental Shelf Lands Act 

Amendments of 1978, and the Federal Water Pollution Control Act, 

as amended. Pursuant to law, the Trust Fund is managed by the 

United States Coast Guard. 

Appropriation enacted, 2007 .............................................................. $15,734,000 

Budget estimate, 2008 ....................................................................... 17,280,000 

Recommended, 2008 ........................................................................... 17,280,000 

Comparison:

Appropriation, 2007 .................................................................... +1,546,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $17,280,000 for oil spill response, 

the budget request, which is an increase of $1,546,000 above the 

enacted level. 


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STATE AND TRIBAL ASSISTANCE GRANTS

The State and Tribal Assistance Grants (STAG) account provides 

grant funds for programs operated primarily by State, local, tribal 

and other governmental partners. The account includes two broad 

types of funds: (1) Infrastructure Assistance, which is used primarily by local governments for projects supporting environmental 

protection; and, (2) Categorical Grants, which assist State and tribal governments with the operation of environmental programs. 

In the STAG account, EPA provides funding for infrastructure 

projects through two State Revolving Funds (Clean Water and 

Drinking Water), geographic specific projects in Alaskan Native 

Villages and on the United States-Mexico Border, Brownfield revitalization projects, Diesel emission reduction grants and other targeted special projects. 

The State Revolving Funds (SRFs) provide Federal financial assistance to protect the Nation’s water resources. The Clean Water 

SRF helps eliminate municipal discharge of untreated or inadequately treated pollutants and thereby helps maintain or restore 

the country’s water to a swimmable and/or fishable quality. The 

Clean Water SRF provides resources for municipal, inter-municipal, State, and interstate agencies and tribal governments to plan, 

design, and construct wastewater facilities and other projects, including non-point source, estuary, stormwater, and sewer overflow 

projects. The Safe Drinking Water SRF finances improvements to 

community water systems so that they can achieve compliance with 

the mandates of the Safe Drinking Water Act and continue to protect public health. 

All of the major Federal environmental statutes include provisions that allow the Federal government, through EPA, to delegate 

to the States and tribes the day-to-day management of environmental programs. The Federal statutes were designed to recognize 

the State as partners and co-regulators, allowing the States to 

issue and enforce permits, carry out inspections and monitoring 

and collect data. To assist the States in this task, the statutes also 

authorized EPA to provide grants to the States and tribes. These 

grants, which cover every major aspect of environmental protection, 

include those programs authorized by sections 319 and 106 of the 

Federal Water Pollution Control Act, as amended (for non-point 

source pollution and the water quality permits programs), sections 

105 and 103 of the Clean Air Act (for State and Local air quality 

management programs), section 128 of CERCLA (for the 

Brownfields program management), section 1443(a) of the Safe 

Drinking Water Act (for public water system supervision), and section 3011 of RCRA (for hazardous waste financial assistance.) 

Appropriation enacted, 2007 .............................................................. $3,185,492,000 

Budget estimate, 2008 ....................................................................... 2,724,676,000 

Recommended, 2008 ........................................................................... 3,391,514,000 

Comparison:

Appropriation, 2007 .................................................................... +206,022,000 

Budget estimate, 2008 ................................................................ +666,838,000 

The Committee recommends $3,391,514,000 for State and tribal 

assistance grants, increases of $666,838,000 above the request and 

$206,022,000 above the 2007 enacted level. The changes to the reVerDate Aug 31 2005 06:25 Jun 12, 2007 Jkt 035896 PO 00000 Frm 00115 Fmt 6602 Sfmt 6602 E:\HR\OC\HR187.XXX HR187

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quest, as recommended by the Committee, are discussed below by 

program area. 

For the infrastructure assistance portion of this account, the Committee recommends $2,277,667,000, an increase of 

$598,188,000 above the request and $177,033,000 above the fiscal 

year 2007 enacted level. The Committee recognizes the growing 

need to not only build new, but also repair and replace existing, 

water and wastewater infrastructure. Given the documented need, 

the Committee is concerned by the continued downward trend in 

the President’s request for infrastructure assistance. Therefore, the 

Committee recommends $1,125,000,000 for the Clean Water State 

Revolving Fund, which is $437,446,000 above the request and 

$41,183,000 above the enacted level. Based on a rough historical 

average, this increase will assist as many as 150 communities with 

their water and wastewater needs. The Committee also has provided the requested level of $842,167,000 for the Drinking Water 

State Revolving Fund, an increase of $4,672,000 above the enacted 

level.

For other infrastructure programs in this account, the Committee 

recommends: (1) an allocation of $140,000,000 for grants to local 

communities for water and sewer infrastructure; (2) $100,000,000 

for Brownfield projects, which is $10,742,000 above the request; (3) 

the requested level of $10,000,000 for the Mexican Border program; 

(4) $10,500,000 for the Alaskan Native Villages grant program, a 

reduction of $5,000,000 from the request; and, (5) $50,000,000 for 

the Diesel emissions reduction grant program, an increase of 

$15,000,000 above the request. The Diesel Emission Grant Program, authorized by Sections 791–797 of the 2005 Energy Policy 

Act, supersedes the Clean School Bus Demonstration Initiative. It 

targets emission reduction grants in five sectors: freight, construction, school buses, agriculture and ports. 

For categorical grants to States, the Committee recommends a 

net increase of $68,650,000, to be allocated has follows: ¥$2,850,000 from the Environmental Information grant program. This mature program, which supports the flow of environmental data between EPA and the States, will have operational 

nodes in all 50 States by 2008. The Committee encourages the 

Agency to focus future efforts on tribal and territorial programs, 

taking into account the unique needs of these smaller partners and 

expects the Agency to offer active assistance to advance small partner capabilities. +$10,000,000 for Section 319 Non-point Source Grants, which restores the program to the fiscal year 2006 level. 

¥$1,000,000 from Pollution Prevention Grants, which provides a 

level slightly above the fiscal year 2007 level. 

+$2,500,000 from Public Water System Supervision Grants, 

which is $3,321,000 above fiscal year 2007. The additional funding 

is intended to help the States implement new drinking water 

standards and rules. 

+$35,000,000 for State and Local Air Quality Management Grants, an increase of $20,419,000 above fiscal year 2007. The 

Committee recognizes the importance of these grants to the States, 

which implement the majority of clean air regulations. This increase restores the grants to the fiscal year 2006 level. 


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+$25,000,000 for Targeted Watershed grants, an increase of 

$8,392,000 above fiscal year 2007. The Committee supports this 

grant program as an innovative way to target funding to some of 

the Nation’s most problematic watersheds. Of the funds provided, 

the Committee directs $15,000,000 to continue the Western Estuaries Program initiated by the Agency in fiscal year 2007. The 

Committee also supports, through this grant program, work done 

in the mid-Atlantic highlands area. 

+$1,000,000 for wastewater operator training grants, offset by an 

equal decrease to the Sector Grant. 

In addition to these changes from the request, the Committee 

has moved to the LUST Trust Fund account all but $2,500,000 of 

the funding for the underground storage tank grants, as authorized 

by the 2005 Energy Policy Act. The amount remaining in the STAG 

account funds those activities not authorized to be funded through 

LUST Trust Fund receipts. 

Bill Language.—The Committee recommendation retains language included in prior years on the State administrative costs of 

the Clean Water State Revolving Fund and Targeted Watershed 

grants. The Committee rejects bill language, as proposed by the 

President, that would have the effect of requiring a State match of 

funds provided for the particulate matter monitoring network. The 

Committee also rejects the proposal to limit funds provided for 

water quality monitoring to only those activities that meet standards for statistically representative monitoring programs. The 

Committee believes that these funds should be available in part to 

fund the States’ monitoring needs for Total Maximum Daily Loads 

and National Pollutant Discharge and Elimination Systems 

(NPDES) permits. 

The Committee includes a new provision to provide STAG account funds for a small portion of the underground storage tank 

program.

The Committee has included the following additional guidance 

with respect to funding provided under this account. 

NPDES Permit Fees.—The Committee is aware of concerns expressed about the proposed pilot program to encourage States to 

charge fees for NPDES permits. The Committee understands that 

the Agency received many negative comments during the comment 

period on the proposed rule. Therefore, the Committee urges the 

Agency to delay implementation of this program until the concerns 

are addressed. Until then, the Committee denies, without prejudice, the $5,000,000 request for the fees pilot program. 

State use of bonds as match for the SRFs.—The Committee is interested in the policy implications of a recent OIG report on the 

States’ use of bonds to meet Clean Water and Drinking Water Revolving Fund match requirements (Report No. 2007–P–00012,

March 29, 2007). The OIG found that the current EPA regulations 

and practices allowing States to use bonds, repaid from interest on 

the SRFs, to meet the State match requirement have resulted in 

an estimated $937 million reduction in funds available for loans 

since the inception of the SRFs. Given the Agency’s own estimated 

need for capital water and wastewater infrastructure, the Committee questions a policy which results in almost a billion dollar reduction in funds available for loans. However, the Committee also 


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recognizes the constraints on States’ abilities to quickly raise the 

20 percent match required by law and the need for flexibility in obtaining that match. The Committee directs the Agency to survey 

the States on their use of bonds to raise the required match, assess 

the impacts of the policy on the current program, and report to the 

Committee by January 31, 2008, on its findings and recommendations for improvements or changes. 

Decentralized water projects.—The Committee recognizes the 

water quality benefits from many types of decentralized water 

projects, including distributed stormwater controls, decentralized 

wastewater treatment, low-impact development practices, conservation easements, stream buffers and wetlands restoration. The Committee expects the Agency to encourage States to use their SRF 

funds for these types of projects and has included bill language, 

carried in prior years, to allow the States to use up to $75,000,000 

of the Clean Water SRF for these types of projects. 

Mexican Border.—The Committee recommends the President’s

funding request for the Mexican Border program; however, the 

Committee remains concerned about the high unliquidated balances in this account. Since 1995, Congress has provided over 

$800,000,000 for important water projects along the border. As of 

April, 2007, $255,500,000 of those funds remain unliquidated. That 

sum, combined with the funds provided in fiscal year 2007, leaves 

more than $300,000,000 in funds still available for projects along 

the border. Until these balances are reduced, the Committee can 

not agree to provide large additional increases. In order to expedite 

the reduction of these funds and complete these important projects, 

the Committee directs the Agency to report by December 31, 2007, 

on the steps it has taken to reduce the balances and the reforms 

it has put in place to prevent future high unliquidated balances. It 

also directs the Agency to report on a quarterly basis the unobligated and unliquidated balances in this program. 

ADMINISTRATIVE PROVISIONS

The Committee recommendation continues language carried in 

prior years on Tribal Cooperative Authority, Environmental Justice 

and the collection and obligation of pesticides fees. The Committee 

recommends new bill language, as proposed by the President, on 

the following: 

A limitation on reimbursements for consultants. This language is 

identical to a provision carried in fiscal year 2005 and earlier restricting EPA’s use of consultants. 

A rescission of $5,000,000 in unobligated balances from older, 

prior year accounts. 

The Committee rejects bill language, as proposed by the President, on the following: 

A limitation on diesel emission reduction grants to those areas 

not in attainment with air quality standards. Such a limitation is 

not included in the Authorizing Act. 

An amendment to the Energy Policy Act to change the requirements for State inspection and enforcement of the underground 

storage tank program. 

The Committee includes a new provision, not requested by the President, which restricts $2,000,000 of EPM funds to only that 


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work required to develop a regulation to reduce greenhouse gas 

emissions. The Committee directs the Agency to publish in the Federal Register by July 1, 2008, an Advanced Notice of Proposed 

Rulemaking (ANPRM) indicating options to reduce greenhouse gas 

emissions in the transportation, electricity generation and industrial/commercial sectors, soliciting comment on those options, and 

providing an opportunity for the public to suggest additional options. The Committee directs the Agency to report prior to the submission of the fiscal year 2009 budget justification its schedule and 

budget for issuing a final regulation. In addition, the Committee 

expects the Agency to provide quarterly updates on its progress towards developing a proposal and its plans for promulgating a 

greenhouse gas emissions reduction regulation. 


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TITLE III—RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

The U.S. Forest Service manages 193 million acres of public 

lands for multiple use, including lands in 44 States and Puerto 

Rico, and cooperates with States, other Federal agencies, Tribes 

and others to sustain the Nation’s forests and grasslands. The Forest Service administers a wide variety of programs, including forest 

and rangeland research, State and private forestry assistance, 

wildfire suppression and fuels reduction, cooperative forest health 

programs, and human resource programs. The National Forest System (NFS) includes 155 National forests, 20 National grasslands, 

20 National recreation areas, a National Tallgrass prairie, 6 National monuments, and 6 land utilization projects. The NFS is 

managed for multiple use, including timber production, recreation, 

wilderness, minerals, grazing, fish and wildlife habitat management, and soil and water conservation. The Forest Service celebrated its centennial in 2005. 

Administration Request Inadequacies.—The Committee notes 

that the Administration request for the Forest Service in fiscal year 

2008 is severely lacking in a number of ways, including inadequate 

financial support for fundamentally important land management, 

public service, and science, as well as unacceptable policy recommendations. Once again, despite wide-spread criticism last year, 

the Administration has proposed selling off national forest system 

lands to generate funds for rural schools, primarily in the west. 

The Committee strongly encourages the Administration to permanently abandon this notion, and to work with the Congress to come 

up with meaningful reform to aid counties. 

Wildland Fire Funding Problems.—The Committee also notes 

that the Federal funding situation for wildland fire management 

and for emergency wildfire suppression activities is unacceptable. 

The Committee has partially remedied this situation by increasing 

funding for preparedness, hazardous fuels reduction, State assistance and forest health work, and rehabilitation of burned areas. 

Yet, the overriding situation still exists that the Forest Service 

budget has been constrained by the Administration in order to provide for emergency wildfire suppression. The Committee supports 

methods to reduce and manage emergency suppression costs. But 

by all accounts, this will continue to be a major Federal and State 

activity due to the widespread human occupation of the wildlands, 

the extensive drought and climate change, and hazardous fuels 

build-ups. The Committee has directed the Administration, working with the Congress, to establish a high level commission to develop and evaluate a number of policy and funding recommendations to help remedy the existing situation. This is discussed under 

the wildland fire management account. 

The amounts recommended by the Committee for each Forest 

Service appropriation account, compared with the budget estimates 

by activity, are shown in the following table: 


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FOREST AND RANGELAND RESEARCH

Forest and rangeland research and development sponsors basic 

and applied scientific research. This research provides both credible 

and relevant knowledge about forests and rangelands and new 

technologies that can be used to sustain the health, productivity, 

and diversity of private and public lands to meet the needs of 

present and future generations. Research is conducted across the 

U.S. through six research stations, the Forest Products Laboratory, 

and the International Institute of Tropical Forestry in Puerto Rico, 

as well as cooperative research efforts with many of the Nation’s

universities.

Appropriation enacted, 2007 .............................................................. $280,488,000 

Budget estimate, 2008 ....................................................................... 263,000,000 

Recommended, 2008 ........................................................................... 295,937,000 

Comparison:

Appropriation, 2007 .................................................................... +15,449,000 

Budget estimate, 2008 ................................................................ +32,937,000 

The Committee recommends $295,937,000 for forest and rangeland research, an increase of $32,937,000 above the budget request 

and $15,449,000 above the fiscal year 2007 funding level. The Committee was very concerned about the large cuts to basic and applied 

research sought by the Administration. Forest Service science is 

important, and therefore the Committee recommendation provides 

a $10,000,000 increase above the fiscal year 2007 enacted level to 

both cover fixed costs and to reestablish fundamental, core research 

efforts. Given this increase, the Committee anticipates that there 

is no need to close any existing Forest Service research facility. In 

addition, the Committee recommendation includes $2,500,000 as a 

non-specified increase for the Forest Service global climate change 

program. The Service should notify the House and Senate Committees on Appropriations within 60 days of enactment of its desired 

use of these climate research funds. 

The Forest Service should treat the funding for the forest inventory and analysis (FIA) program as a budget line item. Funding for 

FIA under this heading is $62,329,000 as requested, $2,949,000 

above the fiscal year 2007 enacted level. The Committee notes that 

an additional $5,000,000 for the FIA program is provided within 

the State and private forestry appropriation under the forest resource information and analysis budget line item. The two FIA program components thus receive a total of $67,329,000, an increase 

of $5,000,000 over the Administration request and $3,361,000 

above the fiscal year 2007 enacted level. 

STATE AND PRIVATE FORESTRY

Through cooperative programs with State and local governments, 

non-industrial private forest landowners, forest industry and conservation organizations, the Forest Service supports the protection 

and management of the nearly 500 million acres of non-Federal forests in the country. Technical and financial assistance is offered to 

improve wildland fire management and protect communities from 

wildfire; control insects and disease; improve management of private forests; conserve environmentally important forests; and enhance stewardship of urban and rural forests. The Forest Service 


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provides special expertise and disease suppression for all Federal 

and tribal lands, as well as cooperative assistance with the States 

for State and private lands. 

Appropriation enacted, 2007 .............................................................. $279,761,000 

Budget estimate, 2008 ....................................................................... 202,458,000 

Recommended, 2008 ........................................................................... 280,602,000 

Comparison:

Appropriation, 2007 .................................................................... +841,000 

Budget estimate, 2008 ................................................................ +78,144,000 

The Committee recommends $280,602,000 for State and private 

forestry, $78,144,000 above the budget request and $841,000 above 

the 2007 funding level. The amounts recommended by the Committee compared with the budget estimates by activity are shown 

in the table at the beginning of the Forest Service entry. Aspects 

of the budget request are approved, unless otherwise stated below. 

Funding levels are presented as changes from the request. 

Forest Health Management.—The Committee recommends 

$101,067,000 for forest health management, $9,978,000 above the 

request and equal to the fiscal year 2007 enacted level. The forest 

health program should continue to stress strategic funding allocations, and should continue the slow-the-spread, suppression and 

eradication efforts for gypsy moth at or near historic levels, depending on pest activity, and continue to emphasize bark beetle 

and mountain pine beetle work in the West. 

Cooperative Fire Protection.—The Committee recommends 

$42,122,000 for cooperative fire protection as requested, $3,315,000 

above the fiscal year 2007 funding level. Most of this increase is 

for the volunteer fire assistance program. The Committee expects 

the Forest Service volunteer fire program to work carefully with 

the Department of the Interior bureaus to see that all rural fire assistance needs are properly considered. The Committee expects the 

Forest Service to implement a funding allocation based primarily 

on need for States and territories. The allocations should relate to 

the amount of forest-land and population in the States; small territories with low population levels should not receive larger allocations than heavily forested and populated States. The Committee 

also notes that the cooperative fire portion of the national fire plan 

within the wildland fire management account includes an additional $46,221,000 for State fire assistance and $10,000,000 for volunteer fire assistance. 

Forest Stewardship.—The Committee recommends $36,947,000 

for forest stewardship, $16,947,000 above the budget request and 

$5,000,000 below the fiscal year 2007 enacted level. The Committee 

encourages the new strategic direction taken by this program, especially in the Southern region. 

Forest Legacy Program.—The Committee recommends 

$62,787,000 for forest legacy, $33,476,000 above the request and 

$6,451,000 above the fiscal year 2007 enacted level. The recommendation provides $57,216,000 for projects and $5,571,000 for 

administration, and uses $6,451,000 in prior year funds from failed 

projects to offset the total. 

Projects.—Congress has made significant reforms in the way it 

reviews funding for the Federal government; reforms which the 

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thority. Earmarking or directed spending of Federal dollars does 

not begin with Congress. It begins with the Executive Branch. For 

example, following is a list of some Forest Service forest legacy 

projects submitted by the Administration: $1,500,000 for Turkey Creek, Texas, phase II 

$3,500,000 for Paulding County land area, GA 

$2,000,000 for Mobile Tensaw Delta, AL 

$1,750,000 for the Koochiching property, MN 

The Administration, in selecting these projects, goes through a 

process that is the functional equivalent of earmarking. When the 

Committee reviews the budget request, it goes through a process 

of rigorous review and may alter or modify this list to reflect additional priorities. 

The Committee provides no recommendation at this time for specific projects contained in either the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 

will be considered comprehensively after the Committee has properly analyzed all relevant information. 

Urban and Community Forestry.—The Committee recommends 

$31,130,000 for urban and community forestry, $13,694,000 above 

the budget request and $1,000,000 above the fiscal year 2007 level. 

The Committee expects the Forest Service to focus funding allocations on efforts in large urban areas and on various efforts to enhance green infrastructure, including strategic selection of several 

projects of national and regional significance. 

Forest Resource Information and Analysis.—The Committee recommends $5,000,000 for forest resource information and analysis, 

which was excluded from the Administration request, and $412,000 

above the 2007 enacted level. 

International Program.—The Committee recommends $8,000,000 

for the International Program, $5,500,000 above the request and 

$1,114,000 above the fiscal year 2007 level. The Committee supports the Program’s various partnership and emergency response 

activities, as well as work on combating illegal logging and promoting sustainable forestry, thus helping mitigate climate change 

by conserving the world’s forests. The Committee also clarifies that 

the International Program has authority to sign agreements directly with the U.S. Agency for International Development, Department of State, or Millennium Challenge Corporation. 

Bill Language.—The Committee recommends continuing bill language deriving forest legacy funds from the Land and Water Conservation Fund (LWCF). 

NATIONAL FOREST SYSTEM

Within the National Forest System (NFS), which covers 193 million acres, there are 51 Congressionally designated areas, including 

20 National recreation areas, and 7 National scenic areas. The NFS 

hosted over 211 million visits in fiscal year 2002. The NFS includes 

over 133,000 miles of trails and 25,000 developed facilities, including 4,389 campgrounds, 58 major visitor centers, and about onehalf of the Nation’s ski-lift capacity. Wilderness areas cover 35 million acres, nearly two-thirds of the wilderness in the contiguous 48 

States. The NFS includes a substantial amount of the Nation’s

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tional forest vegetation was managed through timber sale activities, which produced nearly 2.9 billion board feet of timber volume. 

The Forest Service also has major habitat management responsibilities for more than 3,000 species of wildlife and fish, and 10,000 

plant species and provides important habitat and open space for 

over 422 threatened or endangered species. Half of the Nation’s big 

game habitat and coldwater fish habitat, including salmon and 

steelhead, is located on NFS lands and waters. In addition, in the 

16 western States, where the water supply is sometimes critically 

short, about 55 percent of the total annual yield of water is from 

National forest system lands. 

Appropriation enacted, 2007 .............................................................. $1,452,729,000 

Budget estimate, 2008 ....................................................................... 1,344,377,000 

Recommended, 2008 ........................................................................... 1,506,502,000 

Comparison:

Appropriation, 2007 .................................................................... +53,773,000 

Budget estimate, 2008 ................................................................ +162,125,000 

The Committee recommends $1,506,502,000 for the National Forest System, an increase of $162,125,000 above the request and 

$53,773,000 above the fiscal year 2007 enacted level (a 2.8 percent 

increase). The amounts recommended by the Committee compared 

with the budget estimates by activity are shown in the table at the 

beginning of the Forest Service entry. Aspects of the budget request are approved, unless otherwise stated below. Funding levels 

are presented as changes from the request. 

Land Management Planning.—The Committee recommends 

$52,607,000 for land management planning as requested, a decrease of $5,068,000 below the fiscal year 2007 enacted level. The 

Committee requests the Service to provide a report summarizing 

the extent to which existing and future forest plans take the prospects of global climate change into account. The Committee notes 

that general provisions in Title IV no longer contain a previous 

temporary legislative moratorium on completing the Resources 

Planning Act 5 year plan. The Committee looks forward to periodic 

reports on the Service’s plans to implement the Forest and Rangeland Renewable Resources Planning Act’s 5 year program. 

Inventory and Monitoring.—The Committee recommends 

$170,638,000 for inventory and monitoring, $4,000,000 above the 

budget request and $24,176,000 above the fiscal year 2007 level. 

Recreation, Heritage and Wilderness.—The Committee recommends $271,797,000 for recreation, heritage and wilderness, 

$40,397,000 above the President’s budget request and $13,000,000 

above the fiscal year 2007 level. A portion of the increase should 

be used to raise the base funding level for the operation of the various national scenic and historic trails. 

The Committee directs the Service to guarantee full public participation and careful analyses of recreational facilities before extensive closures are implemented. The Committee expects that the 

increased funding will be directed to the highest priority locations 

benefiting the most visitors and aiding local economies. The Committee directs the Service not to use recreation or wildlife and fisheries program funding for various NEPA clearance activities in direct support of other commodity programs which receive separate 

funding.


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The Committee recognizes that the growing disconnection of 

America’s children from the natural world impacts the children’s

health as well as the future of natural resource conservation. The 

Forest Service should implement projects that help connect children and their families with nature using funds from the recreation, heritage and wilderness management, challenge cost share, 

and other Forest Service appropriations, as appropriate. 

Wildlife and Fish Habitat Management.—The Committee recommends $136,734,000 for wildlife and fish habitat management, 

an increase of $19,101,000 above the budget request and 

$5,000,000 above the fiscal year 2007 level. The Committee encourages the Service to increase its efforts toward recovery of listed 

plant and animal species on Forest Service managed lands and waters and take actions which will protect sensitive plant and animal 

species from requiring listing. 

Grazing Management.—The Committee recommends $48,826,000 

for grazing management, $1,801,000 above the budget request and 

$1,000,000 above the fiscal year 2007 funding level. The increase 

above the request is to maintain existing programs. 

Forest Products.—The Committee recommends $332,614,000 for 

forest products, an increase of $14,052,000 above the request and 

$13,000,000 above the fiscal year 2007 funding level. The recommendation supports the policy in the budget request to fund 

court-ordered forestry activities in support of the President’s Pacific 

Northwest forest plan. In addition, the Committee directs the Forest Service to set aside $10,000,000 within the forest products activity to be allocated to those national forests which have the highest ratio of timber receipts produced compared to timber sales 

budget allocation. The Committee encourages the Service to direct 

timber sales funding to those areas where existing roads are available and where there are lower engineering costs for making roads 

suitable for harvest activities. 

The Committee believes the existing budget allocation procedures 

and implementation do not serve the Nation. Therefore, the Committee directs the Service to devise and implement a new, clear 

and transparent budget allocation process. This procedure must include forest by forest budget displays, publicly available on the 

agency’s website, throughout the annual budget allocation and distribution process. When changes are made during the process, they 

should be reasoned, justified, and publicly explained. Before allocating forest products funding, KV funds, timber pipeline funds, 

and hazardous fuels reduction funds to the field in fiscal year 2008, 

the Committee directs the Forest Service to provide the House and 

Senate Committees on Appropriations a fourteen-day review period 

to examine the methodology utilized. 

Vegetation and Watershed Management.—The Committee recommends $179,349,000 for vegetation and watershed management, 

an increase of $25,027,000 above the request and an increase of 

$2,500,000 above the fiscal year 2007 funding level. The Committee 

is disturbed by the requested 63 percent reduction in reforestation 

activities. Given the importance of forests for our future, the Committee expects the Service to revisit the allocations within this 

budget activity. The Committee expects that some vegetation and 

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provement where the thinning will increase the future habitat, watershed and commercial value of the forests, and that vegetation 

management will focus on native plant restoration and removal of 

invasive species. 

Minerals and Geology Management.—The Committee recommends $84,164,000 for minerals and geology management, an 

increase of $13,329,000 above the request and equal to the 2007 

funding level. The Committee directs the Service to use increased 

minerals and geology program funds above the request for managing geologic hazards and resources as well as managing environmental restoration, and not use these funds for processing mineral 

applications.

Land Ownership Management.—The Committee recommends 

$92,932,000 for land ownership management, $12,092,000 above 

the budget request and $2,000,000 above the 2007 funding level. 

The Committee directs the Service not to use any funds to continue 

the ill-conceived proposal to sell off national forest system lands to 

support rural schools. 

Law Enforcement Operations.—The Committee recommends 

$123,841,000 for law enforcement operations as requested, an increase of $8,841,000 above the 2007 funding level. The Committee 

expects that some of the increased funding for law enforcement be 

used to combat drug trafficking, marijuana plantations, and methamphetamine labs. 

Valles Caldera National Preserve.—The Committee recommends 

$3,500,000 for the Valles Caldera National Preserve, equal to the 

2007 funding level and $2,650,000 above the budget request. 

Challenge Cost-share.—The Committee recommends $9,500,000 

to re-establish the challenge cost program back to the fiscal year 

2005 level, an increase of $5,066,000 over the fiscal year 2006 level. 

The Committee commends the Service for its implementation of 

this program during these years, and expects a similar program in 

fiscal year 2008. The Committee is also encouraged by the Service’s

recent efforts in cooperative conservation education and encourages 

use of some challenge cost-share funds to further those outdoor 

education programs in cooperation with Interior Department bureaus and the National Environmental Education Foundation. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

Appropriation enacted, 2007 .............................................................. $436,400,000 

Budget estimate, 2008 ....................................................................... 422,565,000 

Recommended, 2008 ........................................................................... 480,197,000 

Comparison:

Appropriation, 2007 .................................................................... +43,797,000 

Budget estimate, 2008 ................................................................ +57,632,000 

The Committee recommends $480,197,000 for capital improvement and maintenance, $57,632,000 above the request and 

$43,797,000 above the fiscal year 2007 enacted level. This includes 

$15,000,000 obtained by virtue of legislative language which brings 

the roads and trails fund activities on budget. In addition to these 

sums, the Committee recommendation increases the infrastructure 

improvement program by an additional $40,000,000 by transferring 

$40,000,000 of Forest Service purchaser elect road funds which are 


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excess to their previous needs. This is discussed below. The 

amounts recommended by the Committee compared with the budget estimates by activity are shown in the table at the beginning of 

the Forest Service entry. 

Facilities Maintenance.—The Committee recommends 

$72,466,000 for facilities maintenance, $8,858,000 above the request and $3,000,000 above the fiscal year 2007 level. The Committee notes that it has maintained the Administration requested 

bill language in the Administrative provisions allowing assessment 

of programs for maintenance of facilities. The Committee notes that 

the Forest Service expects to generate an additional $49,200,000 

for maintenance and construction of facilities through the use of 

the funds generated by selling administrative sites no longer needed. The Committee expects to get regular updates on this program 

and continued detailed tables in the annual budget justification. 

Facilities Capital Improvement.—The Committee recommends 

$58,039,000 for facilities capital improvement, $2,000,000 above 

the request and $2,635,000 below the fiscal year 2007 level. 

Projects.—Congress has made significant reforms in the way it 

reviews funding for the Federal government; reforms which the 

Committee takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does 

not begin with Congress. It begins with the Executive Branch. For 

example, following is a list of some Forest Service facility construction projects submitted by the Administration: 

$2,500,000 for the Texas National Forest Supervisor’s office, 

phase I 

$15,000,000 for the Forest Products Lab, Madison WI, modernization, Phase II 

$1,651,000 for the Verde Valley, AZ, administrative site 

$1,177,000 for the False Island, AK, remote facility 

The Administration, in selecting these projects, goes through a 

process that is the functional equivalent of earmarking. When the 

Committee reviews the budget request, it goes through a process 

of rigorous review and may alter or modify this list to reflect additional priorities. 

The Committee provides no recommendation at this time for specific projects contained either in the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 

will be considered comprehensively after the Committee has properly analyzed all relevant information. 

Road Maintenance.—The Committee recommends $144,832,000 

for road maintenance, $30,329,000 above the request and 

$11,594,000 above the fiscal year 2007 level. The recommended 

funding level is equal to the fiscal year 2006 level. The Committee 

finds the drastic cut in road maintenance proposed by this Administration to be totally unacceptable. In response, the Committee 

has included a major new road remediation program which is discussed below. Forest Service roads in disrepair make it difficult for 

visitors and others to get around, but more importantly, these extensive, decayed roads fail and degrade streams, destroying habitat 

and community water supplies. The Committee has increased the 

road decommissioning authority to $65,000,000. 


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The Committee is concerned that the creation of unauthorized 

roads on National Forests poses serious threats to public safety, 

water quality and natural resources, increases road maintenance 

expenses, and causes recreational conflicts. Because most unauthorized roads were created illegally without public review or any 

National Environmental Policy Act compliance, their removal from 

the landscape should be encouraged and expedited under current 

travel management planning processes. The Committee encourages 

the use of categorical exclusions, as appropriate, under the National Environmental Policy Act, to expedite the decommissioning 

of the burgeoning network of unauthorized roads. If certain unauthorized roads are deemed appropriate for addition to the transportation system at a later date, they may be added in compliance 

with travel management regulations at that time. 

Road Capital Improvement.—The Committee recommends 

$90,560,000 for road capital improvement, $22,368,000 below the 

request and equal to the fiscal year 2007 level. The Committee expects the Forest Service to focus its timber road program on those 

areas that do not need expensive construction or engineering support. The Service has not justified the high costs of road engineering nor the need for the large requested increase. The Service is 

directed to carefully evaluate road engineering costs, especially for 

timber roads, and be able to justify specific road costs. 

Trail Maintenance.—The Committee recommends $49,800,000 for 

trail maintenance, $10,733,000 above the budget request and equal 

to the fiscal year 2007 level. The Committee recommendation includes base funding for maintenance, construction, and operation of 

the network of national scenic and historic trails at least 

$2,000,000 above the fiscal year 2006 levels. Future budget justifications should continue to provide specific trail operation, maintenance and construction funding and accomplishment data for the 

national scenic and historic trails. 

Trail Capital Improvement.—The Committee recommends 

$29,000,000 for trail capital improvement, $1,680,000 above the 

budget request and $5,438,000 above the fiscal year 2007 level. 

Infrastructure Improvement.—The Committee recommends 

$10,500,000 for infrastructure improvement, an increase of 

$1,400,000 over both the Administration request and the fiscal year 

2007 enacted level. 

Legacy Road and Trail Remediation.—The Committee recommendation includes a major, new $65,000,000 strategic effort to 

fix roads and trails in environmentally sensitive areas, roads and 

trails damaged by recent storms, and roads which may harm community water systems. These funds should be used for urgently 

needed road decommissioning, road and trail repair and maintenance and associated activities, and the removal of fish passage 

barriers, especially in areas where Forest Service roads may be 

contributing to water quality problems in streams and water bodies 

which support threatened, endangered or sensitive species or community water sources. The initiative funding includes a transfer of 

$40,000,000 that is not needed for its original purpose from the 

purchaser elect road fund, and bill language which directs that the 

road and trails fund receipts go into the Treasury, allowing the use 

of the $15,000,000 in this acount. The Service should utilize public 


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input to help select projects, and report back to the Committee on 

the selected projects. 

Bill Language.—The recommendation includes bill language: (1) 

transferring $40,000,000 from the timber purchaser election fund 

into the capital improvement and maintenance account; (2) allowing up to $65,000,000 to be used for road decommissioning; (3) encouraging expedited decommissioning of unauthorized roads in response to threats to public safety, water quality, or natural resources; and (4) transferring funds from the road and trail fund 

into the Treasury, netting a $15,000,000 addition to this account. 

LAND ACQUISITION

Appropriation enacted, 2007 .............................................................. $41,936,000 

Budget estimate, 2008 ....................................................................... 15,703,000 

Recommended, 2008 ........................................................................... 44,485,000 

Comparison:

Appropriation, 2007 .................................................................... +2,549,000 

Budget estimate, 2008 ................................................................ +28,782,000 

The Committee recommends $44,485,000 for land acquisition, 

$2,549,000 above the fiscal year 2007 level and an increase of 

$28,782,000 above the budget request. 

The Committee recommends funding levels of $31,549,000 for 

land acquisition projects, $12,087,000 for acquisition management, 

$500,000 for cash equalization, and $349,000 for critical inholdings/ 

wilderness protection. 

Projects.—Congress has made significant reforms in the way it 

reviews funding for the Federal government; reforms which the 

Committee takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does 

not begin with Congress. It begins with the Executive Branch. The 

following is a list of examples of land acquisition projects submitted 

by the Administration: $4,500,000 for the Sun Ranch in Montana; 

$500,000 for the Thunder Mountain parcel in Idaho; and $650,000 

for the Garner Ranch in California. The Administration, in selecting these projects, goes through a process that is the functional 

equivalent of earmarking. When the Committee reviews the budget 

request, it goes through a process of rigorous review and may alter 

or modify this list to reflect additional priorities. 

The Committee provides no recommendation at this time for specific projects contained either in the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 

will be considered comprehensively after the Committee has properly analyzed all relevant information. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

Appropriation enacted, 2007 .............................................................. $1,053,000 

Budget estimate, 2008 ....................................................................... 1,053,000 

Recommended, 2008 ........................................................................... 1,053,000 

Comparison:

Appropriation, 2007 .................................................................... 0 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $1,053,000 for acquisition of lands 

for National forests, special acts, as requested. 


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ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

Appropriation enacted, 2007 .............................................................. $231,000 

Budget estimate, 2008 ....................................................................... 231,000 

Recommended, 2008 ........................................................................... 231,000 

Comparison:

Appropriation, 2007 .................................................................... 0 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $231,000, as requested, for acquisition of lands to complete land exchanges under the Act of December 4, 1967 (16 U.S.C. 484a). Under the Act, deposits made by public school districts or public school authorities to provide for cash 

equalization of certain land exchanges can be appropriated to acquire similar lands suitable for National forest system purposes in 

the same State as the National forest lands conveyed in the exchanges.

RANGE BETTERMENT FUND

Appropriation enacted, 2007 .............................................................. $2,876,000 

Budget estimate, 2008 ....................................................................... 3,750,000 

Recommended, 2008 ........................................................................... 3,750,000 

Comparison:

Appropriation, 2007 .................................................................... +874,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $3,750,000, as requested, for the 

range betterment fund, to be derived from grazing receipts from 

the National Forests (Public Law 94–579, as amended) and to be 

used for range rehabilitation, protection, and improvements including seeding, reseeding, fence construction, weed control, water development, and fish and wildlife habitat enhancement in 16 western States. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

Appropriation enacted, 2007 .............................................................. $63,000 

Budget estimate, 2008 ....................................................................... 56,000 

Recommended, 2008 ........................................................................... 56,000 

Comparison:

Appropriation, 2007 .................................................................... ¥7,000

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $56,000, the budget estimate, for 

gifts, donations and bequests for forest and rangeland research. 

Authority for the program is contained in Public Law 95–307 (16 

U.S.C. 1643, section 4(b)). Amounts appropriated and not needed 

for current operations may be invested in public debt securities. 

Both the principal and earnings from the receipts are available to 

the Forest Service. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

Appropriation enacted, 2007 .............................................................. $5,009,000 

Budget estimate, 2008 ....................................................................... 5,053,000 

Recommended, 2008 ........................................................................... 5,053,000 

Comparison:

Appropriation, 2007 .................................................................... +44,000 

Budget estimate, 2008 ................................................................ 0 


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The Committee recommends $5,053,000, the same as the budget 

request and $44,000 above the enacted level, for the management 

of national forest lands for subsistence uses in Alaska. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

Appropriation enacted, 2007 .............................................................. $1,823,603,000 

Budget estimate, 2008 ....................................................................... 1,868,627,000 

Recommended, 2008 ........................................................................... 1,974,648,000 

Comparison:

Appropriation, 2007 .................................................................... +151,045,000 

Budget estimate, 2008 ................................................................ +106,021,000 

The Committee recommends $1,974,648,000 for wildland fire 

management, an increase of $106,021,000 above the budget request 

and $151,045,000 above the enacted level. The amounts recommended by the Committee compared with the budget estimate 

by activity are shown in the table at the beginning of the Forest 

Service entry. 

The Committee recommendation supports the direction provided 

by the national fire plan and therefore rejects the budget request 

to establish a new appropriation account for the salaries of 

wildland firefighters. The concept of a new wildland firefighter appropriation account was not supported by a single outside expert 

witness and was poorly justified in the budget request and by departmental witnesses. Therefore, the Committee recommendation 

retains preparedness funding as it has been structured in the past 

and the same as it is structured for the Interior Department. 

The Committee recommendation also rejects the Administration 

request cutting funding for essential fire preparedness activities by 

$96,590,000. That proposal is clearly irresponsible and would impair the ability of the Forest Service and its partners to launch successful initial attacks, thereby making more destructive and expensive fires not just possible, but inevitable. Although the Committee 

shares the concern of the Administration and others about the 

large costs of wildfires, the Committee feels the Administration approach is misguided and would result in more large, expensive fires 

and greater harm to the environment. The Committee recommendation also invests in maintaining key aspects of the national fire plan, including increased funding for hazardous fuels reduction, increased State fire assistance and forest health management, increased fire suppression funding, increased burned area rehabilitation funding, and an investment in fire science. 

The Committee recognizes the existing, highly undesirable situation for Federal funding of natural resource and emergency wildfire 

suppression. The Committee directs the Administration, working 

with the Congress and the States, to establish a high-level commission to propose alternative methods to fund and manage fire suppression and firefighting capacity in the Federal and State sectors. 

The Service may use up to $500,000 from the preparedness activity 

to support this commission. The inter-departmental Wildland Fire 

Leadership Council should begin this process during the summer 

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ment of this Act with proposals for final commission composition 

and schedules. 

Wildfire Preparedness.—The Committee recommends 

$675,382,000 for wildfire preparedness, an increase of $106,590,000 

above the request for both preparedness plus wildland firefighters, 

and an increase of $10,000,000 above the fiscal year 2007 level. 

The Committee directs the Forest Service to maintain the levels 

of readiness needed for public safety that were established in fiscal 

years 2005 and 2006. Accordingly, the Committee directs the Forest Service to analyze current readiness levels to determine whether maintaining preparedness resources in the field at a level not 

less than that established in fiscal year 2005 will, based on the 

best information available, result in lower overall firefighting costs. 

If the Forest Service makes such a determination, the Committee 

directs the Forest Service to adjust the levels for preparedness and 

suppression funding accordingly and report on these adjustments 

to the House and Senate Committees on Appropriations. The Secretary of Agriculture should advise the House and Senate Committees on Appropriations in writing prior to the decision. 

The Committee is concerned about recent reports that firefighters may be subject to personal liability for on-the-job activities 

during emergencies. The Service should report to the Committees 

on this situation and suggest appropriate remedies. 

The Committee also notes the importance of the seemingly endless development of the Fire Program Analysis System that is 

being jointly developed with the Department of the Interior. The 

Department and the Forest Service should continue this effort, but 

should provide public benchmarks, project costs, and progress reports, as well as summaries of expected model outputs, on the government wildfire management website with quarterly updates. The 

full cost and scope of this effort should be included in subsequent 

budget justifications. 

Wildfire Suppression Operations.—The Committee recommends 

$859,021,000 for wildfire suppression operations, an increase of 

$117,544,000 above the fiscal year 2007 level and $52,011,000 

below the budget request. The Committee recommendation for 

wildfire suppression operations fully funds the average of the actual obligations for the preceding 10 years, inflation adjusted to 

2006 dollars. This is an honesty-in-budgeting provision, so that the 

Congress allocates a reasonable sum for anticipated emergencies. 

This year, however, for the Forest Service, the Office of Management and Budget (OMB) changed this procedure. The Administration request miscalculated this average because the OMB added 9 

years of estimated administrative costs which were never actually 

charged to the wildfire suppression account. The 10-year obligation 

values are: 

Fiscal year Wildfire suppression 

obligations GDP deflater 2006 = 1.0 Inflated suppression obligations

10-year average of 

inflated suppression 

obligations

1997 ....................................................... $179,100,000 0.82020 218,361,000 473,111,000 

1998 ....................................................... 306,800,000 0.82786 370,596,000 442,219,000 

1999 ....................................................... 361,100,000 0.83956 430,108,000 434,767,000 

2000 ....................................................... 1,076,000,000 0.86029 1,250,742,000 522,521,000 

2001 ....................................................... 683,122,000 0.87999 776,284,000 581,477,000 

2002 ....................................................... 1,279,000,000 0.89410 1,430,491,000 684,971,000 


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Fiscal year Wildfire suppression 

obligations

GDP deflater 2006 = 

1.0

Inflated suppression 

obligations

10-year average of 

inflated suppression 

obligations

2003 ....................................................... 1,023,500,000 0.91251 1,121,633,000 772,747,000 

2004 ....................................................... 726,000,000 0.93462 776,788,000 752,039,000 

2005 ....................................................... 690,000,000 0.96610 714,208,000 776,943,000 

2006 ....................................................... 1,501,000,000 1.00000 1,501,000,000 859,021,000 

The OMB included estimates of what the administrative cost 

pools would have been if they had been charged to wildfire suppression for the years prior to 2006. Before 2006, these administrative costs were not obligated from the wildfire suppression account. 

Hence, the OMB budget request is $52,011,000 higher than the actual 10-year average, inflation adjusted. 

The Committee remains concerned about the high costs of large 

fire incidents. The Department of the Interior, along with the Forest Service, should ensure that cost containment is an important 

priority when suppressing wildland fires. Therefore, the Committee 

directs the Department of the Interior and the Forest Service to 

continue reports directed previously and to examine, using independent panels, any individual wildfire incident which results in 

expenses greater than $10,000,000. The Forest Service should work 

carefully with the Department of the Interior, States, tribes and 

others to evaluate and implement various cost efficiencies, and 

jointly report back with the Forest Service to the Committee by 

March 30, 2008 on specific actions taken to potentially reduce the 

increased wildfire suppression costs. 

The Committee supports increased use of the appropriate management response concept, the use of wildland fire use, and implementation of management efficiencies and program leadership and 

training methods discussed in recent hearings. The Committee supports an increase in the number of strike teams qualified and experienced in managing wildland fire use, adding wildland fire use 

acres to fuel reduction accomplishment targets, and taking administrative steps to reduce barriers to increased, responsible wildland 

fire use. 

The Committee recommendation continues previous bill language 

requiring the Forest Service to treat wildfire suppression like other 

non-emergency appropriations with regard to indirect cost pools to 

support agency overhead. 

Hazardous Fuels.—The Committee recommends $310,258,000 for 

hazardous fuels reduction work, $18,725,000 above the budget request and $9,000,000 above the fiscal year 2007 level. The recommendation includes $7,000,000 for biomass grants, $2,000,000 

above the request. The Committee recognizes the Federal role in 

helping develop and implement new technologies to bring value to 

otherwise unwanted woody materials. 

The Committee has provided a substantial increase for hazardous fuels activities. Yet, the Committee is concerned that the 

Service does not have a fully open and coherent way of allocating 

hazardous fuels funds among regions. The GAO is continuing to 

evaluate this situation, but so far it is clear that Federal funding 

does not always go to the highest priority fuels projects. It is essential that scarce program dollars are used for projects which have 

the greatest benefit to the Nation. This will require much greater 


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collaboration with the Department of the Interior and others. The 

Committee directs the Forest Service and the Department of the 

Interior to deliver a joint report to the Committee by March 30, 

2008, to be publicly posted on the wildfire management website, 

which clearly indicates how funds are allocated among bureaus and 

agencies, and regions and States. The report should include clear 

metrics to evaluate program performance, and these metrics must 

rely on measures that indicate project impacts to protect communities, lives, property, and ecosystems, and which reward successful 

field units that design projects in accordance with community wildfire protection plans or their equivalent. Funding allocations need 

to go to projects that reduce risk to communities and to firefighters, 

and should emphasize areas near large population centers. Both 

Departments need to implement additional program metrics beyond merely acres treated; these metrics must account for important tactical goals including protection of communities and populations.

The Committee realizes that the existing designation of wildland/ 

urban interface (WUI) on maps includes areas that have extremely 

sparse human habitation, as well as areas of large cities and communities. The existing situation makes the WUI concept less useful 

in practice than it should be. Therefore, the Committee directs the 

partners to reevaluate the existing definitions and criteria for WUI 

and adjust the Forest Service, the Department of the Interior, and 

State maps and policies accordingly. 

The Committee supports the goals of the Southwest Forest 

Health and Wildfire Prevention Act of 2004 as well as the continued participation of all the stakeholders. 

Rehabilitation.—The Committee has restored $18,000,000 for the 

burned area rehabilitation and restoration program which was excluded from the request, an increase of $11,811,000 above the fiscal 

year 2007 enacted level. Rehabilitation is a key aspect of the national fire plan. The Committee notes that record wildfire years 

have occurred recently, and the National forest lands have not had 

adequate restoration activities. The Service and the Interior Department should include updates on rehabilitation needs in future 

budget justifications. As outlined in the budget request, the Committee expects the Forest Service, in close partnership with the Department of the Interior, to continue the native plant materials 

program funding at no less than the fiscal year 2007 level. 

Fire Plan Research and Development.—The Committee recommends $23,500,000 for research and development, $1,500,000 

above the budget request and $711,000 above the fiscal year 2007 

enacted level. 

Joint Fire Sciences Program.—The Committee recommends 

$8,000,000 for the joint fire science program as requested, an increase of $118,000 above the fiscal year 2007 enacted level. The 

Committee stresses that it is vital that both the Interior Department and the Forest Service work on these research efforts jointly, 

and that the program continue to stress practical solutions and collaboration with the Nation’s forestry schools and other partners. 

The Committee commends the managers of this program and the 

many partners for the advances made possible by this program. 


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Forest Health Management, Federal Lands and Co-op Lands.— The Committee recommends $24,266,000 for the forest health portion of the national fire plan as requested, including $14,252,000 

for Federal lands and $10,014,000 for cooperative efforts with the 

States and others. 

State Fire Assistance.—The Committee recommends $46,221,000 

for State fire assistance, $11,217,000 above the request and equal 

to the fiscal year 2007 enacted level. The program is essential to 

maintain and enhance the partnership between State foresters, 

State fire agencies and the Federal wildfire management enterprise. The Committee believes that safe and effective responses to 

wildland fire requires coordination and leadership among all those 

with suppression/protection responsibility, including local, State 

and Federal entities. More and more wildfires occur in the wildland 

urban interface (WUI), where initial attack on wildfires increasingly falls to local and State response. The effectiveness of these 

non-Federal forces directly impacts the need for allocation of Federal resources to protect lives, property and community infrastructure, as well as to prevent damage to critical natural resources 

across ownerships. It is in the Federal interest to facilitate the effectiveness of State and local efforts in wildland fire planning, prevention and mitigation, as well as suppression. In recognition of 

this interest, the Forest Service should direct funds towards increasing the effectiveness and responsibilities of non-Federal partners to address WUI capability. The Committee directs the Service 

to allocate at least 10 percent of the State fire assistance funding 

to address suppression response in the WUI. The Committee encourages the Forest Service to select approximately 12 national forests for cross boundary protection responsibility which can be provided by State and local forces. 

Volunteer Fire Assistance.—The recommendation includes 

$10,000,000 for volunteer fire assistance, $2,000,000 above the request and $2,227,000 above the enacted level. 

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

The Committee has continued most administrative provisions included in previous years. The Committee has continued the 

wildland fire transfer authority, allowing use of funds from other 

accounts available to the Forest Service during wildfire emergencies when other wildfire emergency funds are not available, but 

unlike last year, there is no requirement that the first transfer of 

funds into the wildland fire management account must include unobligated funds from the land acquisition and the forest legacy accounts.

The Committee limits funding for the working capital fund of the 

Department of Agriculture to the $73,285,000 requested in the 

budget and limits the transfers to the USDA reimbursable programs (Greenbook charges) to the request of $24,021,000. The Committee is concerned that the Department of Agriculture over-assesses the Forest Service for the Greenbook charges. The Department should report to the Committees on Appropriations within 

120 days of enactment of this Act on specifically what each charge 

is for and how it is calculated; charging solely on an FTE basis is 

insufficient.


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The Committee is concerned about the huge costs of agency business process centralization and therefore directs that detailed reports remain a part of the budget justification and that all expenses be carefully evaluated and explained, and transparent to 

the public at large. 

The Committee has amended previous language concerning interactions with foreign countries to clarify that the Forest Service 

International Program has the authority to sign agreements directly with the U.S. Agency for International Development, the Department of State, the Millennium Challenge Corporation and natural resource institutions around the world to address natural resource issues. 

The Committee continues the authority for transfers to the National Forest Foundation and the National Fish and Wildlife Foundation; the former $500,000 above the requested level for a total of 

$3,000,000 and the latter recommendation at the request of 

$2,650,000. The Committee notes that it is acceptable for these 

foundations to make grants to Federal recipients, including Forest 

Service offices. The Committee allows $100,000 in administrative 

funds to be used by the National Forest Foundation but this will 

be the final year of Federal administrative support. The Foundation should be independent of this Federal administrative funding 

support like the National Park and National Fish and Wildlife 

Foundations.

The recommendation provides that $5,000,000 is available for 

Youth Conservation Corps and Public Lands Corps projects, in accordance with P.L. 109–154.

The Committee notes that the Forest Service has done a poor job 

of implementing its competitive sourcing program. Section 414 in 

Title IV general provisions includes bill language providing a oneyear moratorium for the Forest Service on this matter. The Committee notes that its investigations staff previously found widespread management lapses which required legislative action. P.L. 

109–54 Sec. 422(d) requires the Forest Service to report, ‘‘in accordance with full cost accounting principles, all costs attributable to 

developing, implementing, supporting, managing, monitoring, and 

reporting on competitive sourcing, including personnel, consultant, 

travel, and training costs associated with program management.’’

This has not been implemented. The Committee understands that 

alleged savings are not substantiated. The Forest Service has inadequately considered the potential impact on its ability to provide 

emergency wildfire staffing when engaging in competitive sourcing 

which could dramatically alter the Federal workforce. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

The provision of Federal health services to Indians is based on 

a special relationship between Indian tribes and the U.S. Government first set forth in the 1830s by the U.S. Supreme Court under 

Chief Justice John Marshall. Numerous treaties, statutes, constitutional provisions, and international law have reconfirmed this relationship. Principal among these is the Snyder Act of 1921, which 

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vided by the Federal Government to American Indians and Alaska 

Natives. The Indian Health Service (IHS) provides direct health 

care services in 33 hospitals, 52 health centers, 2 school health centers, and 38 health stations. Tribes and tribal groups, through contracts and compacts with the IHS, operate 15 hospitals, 220 health 

centers, 9 school health centers, and 282 health stations (including 

166 Alaska Native village clinics). The IHS, tribes, and tribal 

groups also operate 11 regional youth substance abuse treatment 

centers and 2,241 units of staff quarters. 

The amounts recommended by the Committee compared with the 

budget estimates by activity are shown in the following table: 


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INDIAN HEALTH SERVICES

Appropriation enacted, 2007 .............................................................. $2,826,222,000 

Budget estimate, 2008 ....................................................................... 2,931,530,000 

Recommended, 2008 ........................................................................... 3,023,532,000 

Comparison:

Appropriation, 2007 .................................................................... +197,310,000 

Budget estimate, 2008 ................................................................ +92,002,000 

The Committee recommends $3,023,532,000 for Indian Health 

Services, an increase of $197,310,000 above the fiscal year 2007 enacted level and $92,002,000 above the budget request. Changes to 

the budget request are detailed below. 

Clinical Services.—The Committee recommends increases of 

$25,000,000 for the Indian Health Care Improvement Fund, 

$10,000,000 for Contract Care and $15,000,000 for prevention and 

treatment of methamphetamine use in Indian Country. 

The Committee directs the Service to allocate the increased funding for the Indian Health Care Improvement fund to bring those 

units with the highest level of need up to at least 40 percent of 

need before allocating any additional funds to units with needs 

above 40 percent. 

Within the increase provided for the prevention and treatment of 

methamphetamine use, at least $5,000,000 should be used for the 

mental health and behavioral issues associated with methamphetamine use, including programs that combat youth suicide. The 

Committee has included language at the front of this report delineating its position on methamphetamine use and the use of the increased funding. 

The Committee remains interested in encouraging more volunteer health care providers to serve Indian country. Last year the 

Committee requested that the Service report on the feasibility of 

establishing a central credentialing system to facilitate increased 

use of volunteers. The Committee understands that the Service 

completed the report but it has not been released by the Department of Health and Human Services. The Committee expects to receive the report no later than October 31, 2007. 

The Committee commends the Service for its electronic health 

records initiative, but is concerned that this effort does not include 

dental records. The Committee encourages the Service to include 

dental records in future efforts. 

Urban Indian Health Clinics.—The Committee does not agree 

with the elimination of the urban Indian clinics and provides an increase of $34,000,000 above the request. 

The Committee believes that the Urban Health program in the 

Indian Health Service provides vital, culturally sensitive health 

care in Indian Country and should not be eliminated in future requests. The Administration’s proposal to terminate this program 

was a clear attempt to eliminate a program based entirely on the 

premise of reducing overall funding with no merit-based justification. The stated justification that other Health and Human Services programs would be available to take the place of the Urban Indian Clinics was not fully supported. Further, no plan was provided 

for transitional benefits for users who would need to shift to other 

health care resources. 


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Indian Health Professions.—The Committee recommends an increase of $5,000,000 above the request for Indian Health Professions for the loan repayment program. 

The Committee continues to be concerned about the high vacancy 

rates of health care providers at IHS and tribal facilities. The Service should determine whether loan repayment is the most effective 

means of retaining health care professionals and evaluate what 

funding level for loan repayment would maximize the number of 

professionals retained by IHS. The Service should report on the results of this effort by January 30, 2008. 

Contract Support Costs.—The Committee recommends 

$274,638,000 for contract support costs, an increase of $9,908,000 

above the fiscal year 2007 level and $3,002,000 above the request. 

Bill language.—Bill language is included extending the availability of Indian Health Services funding to two years and specifying the minimum level of expenditures for contract health care. 

INDIAN HEALTH FACILITIES

Appropriation enacted, 2007 .............................................................. $353,926,000 

Budget estimate, 2008 ....................................................................... 339,196,000 

Recommended, 2008 ........................................................................... 360,895,000 

Comparison:

Appropriation, 2007 .................................................................... +6,969,000 

Budget estimate, 2008 ................................................................ +21,699,000 

The Committee recommends $360,895,000 for Indian health facilities, an increase of $6,969,000 above the fiscal year 2007 enacted level and $21,699,000 above the budget request. Changes to 

the budget request are detailed below. 

The increases from the request include $732,000 for maintenance 

and improvement, $5,503,000 for sanitation facilities, $7,615,000 

for facilities construction, $7,500,000 for facilities and environmental health support, and $349,000 for equipment. 

Within the facilities construction total, $2,000,000 is for joint 

venture projects, $5,000,000 is for small ambulatory facilities, 

$3,000,000 is for dental units, and $10,279,000 is for outpatient facilities construction. 

The Committee encourages the Service to provide additional 

credit to tribes that are willing to provide full funding for facility 

equipment in addition to providing full funding for facility construction when determining priorities for project funding under the 

joint ventures program. 

The Committee has reluctantly agreed with budget requests by 

this Administration in recent years that reduced funding for the 

construction of health care facilities. Short term reductions in funding in order to fulfill other compelling needs in health care are acceptable, but the Committee believes that in the future, a renewed 

effort must be made to focus on facilities construction. The Committee stipulates that the Administration should provide adequate 

funding requests for facilities construction in future budget requests to address the growing needs in Indian Country. 

The Committee provides no recommendation at this time for specific projects contained either in the Administration’s budget or 

proposed by Members of Congress. Individual project allocations 


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will be considered comprehsensively after the Committee has properly analyzed all relevant information. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

The National Institute of Environmental Health Sciences 

(NIEHS), an agency within the National Institutes of Health, was 

authorized in section 311(a) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 and in section 

126(g) of the Superfund amendments and Reauthorization Act of 

1986 to conduct certain research and worker training activities associated with the Nation’s Hazardous Substance Superfund program.

Appropriation enacted, 2007 .............................................................. $79,117,000 

Budget estimate, 2008 ....................................................................... 78,434,000 

Recommended, 2008 ........................................................................... 79,117,000 

Comparison:

Appropriation, 2007 .................................................................... 0 

Budget estimate, 2008 ................................................................ +683,000 

The Committee recommends $79,117,000, an increase of 

$683,000 above the request and equal to fiscal year 2007. The additional funds are intended to allow NIEHS to maintain a comparable effort for grants in the Superfund Basic Research Program 

and the Worker Education and Training Program. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

The Agency for Toxic Substances and Disease Registry (ATSDR), 

an agency of the Public Health Service, was created in section 

104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. The ATSDR’s primary mission is to 

conduct surveys and screening programs to determine relationships 

between exposure to toxic substances and illness. Other activities 

include the maintenance and annual update of a list of hazardous 

substances most commonly found at Superfund sites, the preparation of toxicological profiles on each such hazardous substance, consultations on health issues relating to exposure to hazardous or 

toxic substances, and the development and implementation of certain research activities related to ATSDR’s mission. 

Appropriation enacted, 2007 .............................................................. $75,212,000 

Budget estimate, 2008 ....................................................................... 75,004,000 

Recommended, 2008 ........................................................................... 75,212,000 

Comparison:

Appropriation, 2007 .................................................................... 0 

Budget estimate, 2008 ................................................................ +208,000 

The Committee recommends $75,212,000 for toxic substances 

and environmental public health programs, an increase of $208,000 

above the budget request and equal to fiscal year 2007. 

Bill Language.—The Committee has not limited, as it had in 

prior years, the administrative costs paid to the Centers for Disease Control (CDC) through this account. However, the Committee 


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will carefully review those costs in fiscal year 2008 and may decide 

to institute the cap in later years should it find the costs excessive. 

The Committee has included the following additional guidance 

with respect to funding provided under this account. 

Minority Health Professions.—The Committee encourages the 

Agency to provide adequate funding for its cooperative agreement 

with the minority health professions community. 

Congressional Budget Justification.—The Committee directs the 

Agency to prepare future Budget Justifications using the following 

four functional areas, which the Committee believes captures the 

work of the Agency very well: protecting the public from hazardous 

exposure; increasing knowledge about toxic substances; educating 

health care providers and the public about toxic chemicals; and 

maintaining registries to track the effects of exposures to hazardous substances. To the extent possible, the Agency should display prior year budgets by these four functional areas, to facilitate 

comparisons.

OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

The Council on Environmental Quality (CEQ) was established by 

Congress under the National Environmental Policy Act of 1969 

(NEPA). The Office of Environmental Quality (OEQ), which provides professional and administrative staff for the Council, was established in the Environmental Quality Improvement Act of 1970. 

The Council on Environmental Policy has statutory responsibility 

under NEPA for environmental oversight of all Federal agencies 

and is to coordinate interagency decision-making of all environmental matters. 

Appropriation enacted, 2007 .............................................................. $2,698,000 

Budget estimate, 2008 ....................................................................... 2,703,000 

Recommended, 2008 ........................................................................... 2,703,000 

Comparison:

Appropriation, 2007 .................................................................... +5,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $2,703,000 for the Council on Environmental Quality and the Office of Environmental Quality, the 

same as the budget request and $5,000 more than fiscal year 2007. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

The Chemical Safety and Hazard Investigation Board was authorized by the Clean Air Act Amendments of 1990 to investigate 

accidental releases of certain chemical substances resulting in, or 

that may cause, serious injury, death, substantial property damage, 

or serious adverse effects on human health. The Board became 

operational in fiscal year 1998. 


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Appropriation enacted, 2007 .............................................................. $9,113,000 

Budget estimate, 2008 ....................................................................... 9,049,000 

Recommended, 2008 ........................................................................... 9,549,000 

Comparison:

Appropriation, 2007 .................................................................... +436,000 

Budget estimate, 2008 ................................................................ +500,000 

The Committee recommends $9,549,000 for salaries and expenses 

of the Chemical Safety and Hazard Investigation Board, an increase of $500,000 above the budget request and $436,000 above 

fiscal year 2007. The Committee directs the $500,000 increase, as follows: 

Investigative Positions.—The Committee has provided $361,000 

for salaries and related costs of three new investigative positions, 

not requested by the President. According to testimony received by 

the Committee, the Board is unable to investigate more than half 

of the accidents scoring high enough to warrant the Board’s attention. The Committee believes that it is a wise use of funds to provide these additional investigators. 

Video Production.—The Committee has provided $139,000 to 

support video production, not requested by the President. The Committee agrees that the availability of videos will facilitate improvements in training, engineering and process design and help to prevent multiple tragic and costly workplace accidents around the 

country.

Bill Language.—The Committee continues to carry language, as 

in prior years, authorizing the Inspector General (IG) of the Environmental Protection Agency to act as the IG for the Board. The 

Committee is aware that this situation frustrates both parties, but 

also believes that the role of Inspector Generals is a very important 

management component for all agencies regardless of their size. In 

light of the issues surrounding this arrangement, the Committee 

directs the GAO to update its 2000 report on the Board, review the 

Board’s management and make recommendations on the best way 

to provide IG oversight function for the Board. The Committee expects the GAO to provide its recommendations in time for consideration of the fiscal year 2009 budget process. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

The dispute between the Hopi and Navajo tribes is centuries-old. 

The Hopi trace their origin on the land back to the Anasazi race 

whose presence is recorded back to 1150 A.D. Later in the 16th 

century Navajo settlement led to the isolation of the Hopi Reservation as an island within the area occupied by the Navajo reservation. In 1882, President Arthur issued an Executive Order, which 

granted the Hopi a 2.5 million acre reservation to be occupied by 

the Hopi and such other Indians as the Secretary of the Interior 

saw fit to resettle there. Intertribal problems arose between the 

Navajo tribe and the Hopi tribe revolving around the question of 

the ownership of the land as well as cultural differences between 

the two tribes. Efforts to resolve these conflicts were not successful 

and led Congress to pass legislation in 1958, which authorized a 

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the district court in Arizona partitioned the Joint Use Area equally 

between the Navajo and Hopi tribes under a decree that has required the relocation of members of both tribes. Most of those to 

be relocated are Navajo living on the Hopi partitioned land. 

Appropriation enacted, 2007 .............................................................. $8,509,000 

Budget estimate, 2008 ....................................................................... 9,000,000 

Recommended, 2008 ........................................................................... 9,000,000 

Comparison:

Appropriation, 2007 .................................................................... +491,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $9,000,000 for salaries and expenses 

of the Office of Navajo and Hopi Indian Relocation, an increase of 

$491,000 above the fiscal year 2007 enacted level and the same as 

the budget request. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

Appropriation enacted, 2007 .............................................................. $6,207,000 

Budget estimate, 2008 ....................................................................... 7,297,000 

Recommended, 2008 ........................................................................... 7,297,000 

Comparison:

Appropriation, 2007 .................................................................... +1,090,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $7,297,000 for the Institute of 

American Indian and Alaska Native Culture and Arts Development, an increase of $1,090,000 above the fiscal year 2007 enacted 

level and the same as the budget request. 

SMITHSONIAN INSTITUTION

The Smithsonian Institution is the world’s largest museum and 

research complex, with 18 museums and galleries, the National 

Zoo, and nine research centers around the world. Funded by both 

private and Federal sources, the Smithsonian is unique in the Federal establishment. Created by an act of Congress in 1846 to carry 

out the trust included in James Smithson’s will, it has been engaged for more than 150 years in the ‘‘increase and diffusion of 

knowledge.’’ In 2006, the Smithsonian attracted more than 24 million visitors to its museums, galleries, and zoological park. Additional millions also view Smithsonian traveling exhibitions and 

participate in the annual Folklife Festival on the National Mall. As 

custodian of the National Collections, the Smithsonian is responsible for more than 140 million art objects, natural history specimens, and artifacts. These scientific and cultural collections are a 

vital resource for global research and conservation efforts. The collections are displayed for the enjoyment and education of visitors 

and are available for research by the staff of the Institution and 

by hundreds of visiting students, scientists, and historians each 

year.

Crisis at the Smithsonian.—The long simmering crisis of leadership, governance and principle at the Smithsonian reached critical 

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tor General described these in detail in her review of these matters 

issued on February 23, 2007, and her findings have been widely 

published in the press. These new scandals followed years of complaints by this Committee about such behavior and about policies 

that commercialized Smithsonian assets for short term financial 

gains. Attempts by this Committee over the last several years to 

convince, cajole or direct that the Smithsonian conduct its business 

more in keeping with a dominantly taxpayer financed institution 

were, unfortunately, largely unsuccessful because of a recalcitrant 

Secretary and a largely passive and co-opted Board of Regents. 

While the Committee remains dismayed that it took the Board 

of Regents far too long to respond to public concerns, the Committee is pleased that these new revelations appear to have finally 

convinced the Regents to take the initial actions necessary to restore integrity and public confidence. These first steps include acceptance of the resignation and immediate departure of the Secretary and appointment of two credible outside review committees. 

These committees will focus on reforms of governance and on how 

the Smithsonian spends both its appropriated and its trust fund resources. Reports of these two review committees are due by early 

summer, and each is expected to make specific and far reaching 

recommendations for change. The Committee believes that these 

steps are serious attempts by the Regents to begin a process of systemic reform. The Committee wishes to make clear, however, that 

conduct of serious reviews and the removal of one official is only 

a beginning of a difficult process. Adoption and implementation of 

reforms are necessary before Congress and the public can be convinced that public funding is being invested wisely. 

Given the remaining concerns about the scope of changes at the 

Smithsonian which will be adopted by the Regents, the Committee 

has taken the unfortunate step of rejecting the $35 million increase 

proposed for the Institution’s ‘‘Salaries and Expenses’’ account in 

the President’s budget. The Committee is hopeful that the concerns 

it has expressed will have been addressed prior to our review of the 

2009 budget, and that we will then have the confidence to provide 

increased public funds to address the very real and longstanding 

needs of the Institution, especially its aging infrastructure. The 

amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table: 


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SALARIES AND EXPENSES

Appropriation enacted, 2007 .............................................................. $536,295,000 

Budget estimate, 2008 ....................................................................... 571,347,000 

Recommended, 2008 ........................................................................... 536,295,000 

Comparison:

Appropriation, 2007 .................................................................... 0 

Budget estimate, 2008 ................................................................ ¥35,052,000

The ‘‘Salaries and Expenses’’ account funds the day-to-day operational costs of the museums and research centers as well as the 

overall administrative functions of the Institution. 

As noted above the Committee has recommended an appropria- tion for ‘‘Salaries and Expenses’’ which is $35,052,000 below the requested amount. The Committee has provided maximum flexibility 

to the Institution in deciding how the Smithsonian should implement necessary retrenchments except that funding for the Office of 

the Inspector General may not be reduced below the $1,977,000 in 

the request. 

The Committee is concerned that the increasing use of exclusive 

licensing agreements and the awarding of contracts through noncompetitive processes conflicts with the Smithsonian Institution’s

public trust obligations and its mission to increase and diffuse 

knowledge. The recent awarding of a contract with respect to the 

Smithsonian Institution’s student travel program is an example of 

an agreement which causes the Committee concern. The Committee expects the Smithsonian Institution to address the issues of 

sole-sourcing and competitive bidding processes with respect to its 

business ventures, particularly when it grants licenses or contracts 

to companies to operate under the Smithsonian logo through noncompetitive processes. Within 60 days of enactment of this legislation, the Smithsonian Institution is directed to submit a report to 

the Committee describing under what circumstances it considers it 

appropriate to license the use of its logo to businesses and nonprofit organizations, and under what circumstances, it considers it 

appropriate for such licenses to be exclusive. The report should also 

include a detailed analysis of the Smithsonian Institution’s due 

diligence practices with respect to potential business activities, risk 

analysis with respect to such arrangements, and monitoring of 

business activities to ensure compliance with its contractual obligations and consistency with its mission. 

FACILITIES CAPITAL

Appropriation enacted, 2007 .............................................................. $98,600,000 

Budget estimate, 2008 ....................................................................... 107,100,000 

Recommended, 2008 ........................................................................... 116,100,000 

Comparison:

Appropriation, 2007 .................................................................... +17,500,000 

Budget estimate, 2008 ................................................................ +9,000,000 

The Committee recommends $116,100,000 for facilities capital, an increase of $9,000,000 above the budget request and an increase 

of $17,500,000 above the enacted level. This account provides for 

major facility revitalization projects including replacement of failed 

or failing systems, and upgrades to facilities, as well as for security 

improvements and other critical infrastructure investments. The 

additional amount added by the Committee is to address urgent 

fire safety issues at the National Zoo. 


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NATIONAL GALLERY OF ART

The National Gallery of Art is one of the world’s great galleries. 

Its magnificent works of art are displayed for the benefit of millions of visitors from across this Nation and from other nations. 

The National Gallery of Art serves as an example of a successful 

cooperative endeavor between private individuals and institutions 

and the Federal Government. The many special exhibitions shown 

in the Gallery and then throughout the country bring great art 

treasures to Washington, DC, and the Nation. In 1999, the Gallery 

opened a sculpture garden, which provides an opportunity for the 

public to have an outdoor, artistic experience in a contemplative 

setting.

The amounts recommended by the Committee compared with the 

budget request and 2007 enacted levels are shown by account, program area and selected activity in the following table: 


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SALARIES AND EXPENSES

Appropriation enacted, 2007 .............................................................. $95,767,000 

Budget estimate, 2008 ....................................................................... 97,983,000 

Recommended, 2008 ........................................................................... 101,850,000 

Comparison:

Appropriation, 2007 .................................................................... +6,083,000 

Budget estimate, 2008 ................................................................ +3,867,000 

The Committee recommends $101,850,000 for salaries and expenses of the National Gallery of Art, increases of $3,867,000 above 

the request and $6,083,000 above fiscal year 2007. The changes to 

the request, as recommended by the Committee, are discussed by 

functional area below. 

Care and Utilization of the Art Collection.—The Committee recommends an increase of $2,567,000 above the request and $940,000 

over fiscal year 2007. With the increase, the Committee directs 

$928,000 to restore funds for the repair and maintenance of fixed 

equipment and $1,639,000 to increase the Federal share of the Special Exhibitions Program to the fiscal year 2007 level. 

Operations and Maintenance.—The Committee recommends an 

increase of $500,000 for expected increases in the Gallery’s utility 

usage.

Protection of Buildings, Grounds and Contents.—The Committee 

recommends an increase of $800,000 for hiring security personnel. 

The Committee understands that at least 20 security positions 

have remained unfilled, as the Gallery has had to shift funds to 

pay for fixed costs, such as increased utilities. 

The Committee has included the following additional guidance 

with respect to funding provided under this account. 

Congressional Budget Justification.—The Committee finds useful 

the budgetary detail provided in the Gallery’s Budget Justification. 

However, the organization of the document makes it difficult to follow the budgetary changes by functional area. In future Budget 

Justifications, the Committee directs the Gallery to provide budget 

detail and narrative summaries for the Salaries and Expenses Account by the four functional areas listed in the Committee’s detailed table. This information will provide a clearer picture of proposed program initiatives and/or budget stressors on the Gallery. 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

Appropriation enacted, 2007 .............................................................. $15,962,000 

Budget estimate, 2008 ....................................................................... 18,017,000 

Recommended, 2008 ........................................................................... 18,017,000 

Comparison:

Appropriation, 2007 .................................................................... +2,055,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $18,017,000, the budget request, for 

repair, restoration and renovation of buildings at the National Gallery of Art, an increase of $2,055,000 above fiscal year 2007. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

The John F. Kennedy Center for the Performing Arts is a living 

memorial to the late President Kennedy and is the National Center 

for the Performing Arts. The Center houses nine stages, six of 

which have a total of more than 7,300 seats. The Center consists 


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of over 1.5 million square feet of usable floor space with visitation 

averaging 10,000 on a daily basis. The support systems in the 

building, the operation and maintenance of which are funded 

through this account, often operate at capacity 18 hours a day, 

seven days a week, 365 days a year. 

OPERATIONS AND MAINTENANCE

Appropriation enacted, 2007 .............................................................. $17,575,000 

Budget estimate, 2008 ....................................................................... 20,000,000 

Recommended, 2008 ........................................................................... 20,200,000 

Comparison:

Appropriation, 2007 .................................................................... +2,625,000 

Budget estimate, 2008 ................................................................ +200,000 

The Committee recommends $20,200,000 for operations and 

maintenance, an increase of $200,000 above the budget request and 

an increase of $2,625,000 above fiscal year 2007. The Committee 

directs the increase above the request for minor repairs. 

CAPITAL REPAIR AND RESTORATION

Appropriation enacted, 2007 .............................................................. $12,814,000 

Budget estimate, 2008 ....................................................................... 19,350,000 

Recommended, 2008 ........................................................................... 23,150,000 

Comparison:

Appropriation, 2007 .................................................................... +10,336,000 

Budget estimate, 2008 ................................................................ +3,800,000 

The Committee recommends $23,150,000 for capital repair and 

restoration, an increase of $3,800,000 above the budget request and 

$10,336,000 above the enacted level. The Committee notes that the 

reduced levels provided in this account under the Fiscal Year 2007 

Continuing Resolution required the Kennedy Center to shift 

projects in its Comprehensive Building Plan in order to keep the 

Eisenhower Theater renovation on schedule. Due to this shift, 

funding for replacement of the windows in the Grand Foyer would 

be delayed until fiscal year 2009. The Committee has provided this 

increase to allow the Center to begin that project in fiscal year 

2008.

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

The Woodrow Wilson International Center for Scholars is a 

unique institution with a special mission to serve as a living memorial to President Woodrow Wilson. The Center performs this mandate through its role as an international institute for advanced 

study as well as a facilitator for discussions among scholars, public 

officials, journalists and business leaders from across the country 

on major long-term issues facing this Nation and the world. 

Appropriation enacted, 2007 .............................................................. $9,100,000 

Budget estimate, 2008 ....................................................................... 8,857,000 

Recommended, 2008 ........................................................................... 10,000,000 

Comparison:

Appropriation, 2007 .................................................................... +900,000 

Budget estimate, 2008 ................................................................ +1,143,000 

The Committee recommends $10,000,000 for salaries and expenses of the Woodrow Wilson International Center for Scholars, 


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an increase of $900,000 above the fiscal year 2007 enacted level 

and $1,143,000 above the request. The Committee continues to support the work of the Center and has provided increased resources 

to encourage further research and expanded outreach efforts. 

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

Appropriation enacted, 2007 .............................................................. $124,562,000 

Budget estimate, 2008 ....................................................................... 128,412,000 

Recommended, 2008 ........................................................................... 160,000,000 

Comparison:

Appropriation, 2007 .................................................................... +35,438,000 

Budget estimate, 2008 ................................................................ +31,588,000 

The amounts recommended by the Committee compared with estimates by activity are shown in the following table: 


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The Committee recommends $160,000,000 for the National Endowment for the Arts (NEA), $31,588,000 above the budget request 

and $35,438,000 above the 2007 enacted level. The Committee has 

recommended this large increase in recognition of the high quality 

of new programs initiated by the agency over the last several years 

and the broad and bipartisan support it garners. The Committee 

has been especially pleased with the American Masterpieces, Big 

Read and Operation Homecoming initiatives. Funding for the Endowment was reduced by over 40 percent in the mid-1990s, and the 

$35 million increase recommended for 2008 will begin the process 

of restoring funding to historic levels. All programs of the NEA will 

benefit from this increase. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

The Committee bill provides $160,000,000 for the National En- dowment for the Humanities, an increase of $18,895,000 over the 

2007 enacted level and an increase of $18,645,000 above the President’s requests. These amounts are appropriated in two separate 

accounts as shown in the table which follows: 


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GRANTS AND ADMINISTRATION

Appropriation enacted, 2007 .............................................................. $125,884,000 

Budget estimate, 2008 ....................................................................... 126,845,000 

Recommended, 2008 ........................................................................... 145,500,000 

Comparison:

Appropriation, 2007 .................................................................... +19,616,000 

Budget estimate, 2008 ................................................................ +18,655,000 

The Committee recommends $145,500,000 for grants and administration, $18,655,000 above the budget request and $19,616,000 

above the fiscal year 2007 enacted level. The Committee is fully 

supportive of the We the People and Digital Humanities initiatives

and has added substantial funding for these programs. Within the 

$7,761,000 million increase for We the People, the Committee believes that expansion of the new Picturing America program into 

a nationwide effort should be given the highest priority. The remainder has been used to restore cuts in longstanding NEH program areas and to expand efforts of the Federal-State partnerships 

program.

The Committee believes that the Endowment can play an expanded role in helping Americans develop a broader understanding 

of other cultures and encourages a broadening of its global society 

programs. This can be critical in making Americans more knowledgeable and sensitive to other cultures. The Committee requests 

that the Endowment submit a report to the Committee by February 1, 2008 on its existing global outreach efforts and any plan 

to expand this program in 2008. 

MATCHING GRANTS

Appropriation enacted, 2007 .............................................................. $15,221,000 

Budget estimate, 2008 ....................................................................... 14,510,000 

Recommended, 2008 ........................................................................... 14,500,000 

Comparison:

Appropriation, 2007 .................................................................... ¥721,000

Budget estimate, 2008 ................................................................ ¥10,000

The Committee recommends $14,500,000 for the Challenge 

Grants and Treasury Funds programs as matching grants to nonprofit organizations to support a wide variety of humanities initiatives, $10,000 below the budget request and $721,000 below the fiscal year 2007 level. This program supports projects which are able 

to generate private matching funds for various humanities projects 

as a way to develop a broader private sector donor base for these 

organizations.

COMMISSION OF FINE ARTS

The Commission of Fine Arts was established in 1910 to meet 

the need for a permanent body to advise the government on matters pertaining to the arts, and particularly, to guide the architectural development of Washington, DC. Over the years the Commission’s scope has been expanded to include advice on areas such as 

plans for parks, public buildings, location of National monuments, 

and development of public squares. As a result, the Commission 

annually reviews approximately 500 projects. In fiscal year 1988 

the Commission was given responsibility for the National Capital 

Arts and Cultural Affairs program. 


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SALARIES AND EXPENSES

Appropriation enacted, 2007 .............................................................. $1,873,000 

Budget estimate, 2008 ....................................................................... 2,092,000 

Recommended, 2008 ........................................................................... 2,092,000 

Comparison:

Appropriation, 2007 .................................................................... +219,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $2,092,000 for salaries and expenses 

of the Commission of Fine Arts as requested, an increase of 

$219,000 over the fiscal year 2007 enacted level. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

Appropriation enacted, 2007 .............................................................. $7,143,000 

Budget estimate, 2008 ....................................................................... 0 

Recommended, 2008 ........................................................................... 10,000,000 

Comparison:

Appropriation, 2007 .................................................................... +2,857,000 

Budget estimate, 2008 ................................................................ +10,000,000 

The National Capital Arts and Cultural Affairs program was established in Public Law 99–190 to support artistic and cultural programs in the Nation’s Capital. The Committee recommends 

$10,000,000, an increase of $2,857,000 above the fiscal year 2007 

enacted level and $10,000,000 above the budget request. Significantly more funding has been provided than in previous years to 

reflect increased costs and an expanded program. The Committee 

believes that these grants provide valuable support for cultural institutions in the District of Columbia and foster a greater appreciation for the arts throughout the region. The bill provides that no 

recipient shall receive a grant in excess of $650,000. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

The National Historic Preservation Act of 1966 established the 

Advisory Council on Historic Preservation. The Advisory Council 

was reauthorized as part of the Omnibus Parks and Public Lands 

Management Act of 1996 (Public Law 104–333). The Council’s mandate is to further the National policy of preserving historic and cultural resources for the benefit of present and future generations. 

The Council advises the President and Congress on preservation 

matters and provides consultation on historic properties threatened 

by Federal action. 

Appropriation enacted, 2007 .............................................................. $4,828,000 

Budget estimate, 2008 ....................................................................... 5,348,000 

Recommended, 2008 ........................................................................... 5,348,000 

Comparison:

Appropriation, 2007 .................................................................... +520,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $5,348,000 for salaries and expenses 

of the Advisory Council on Historic Preservation as requested, an 

increase of $520,000 above the fiscal year 2007 enacted level. 


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NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

The National Capital Planning Act of 1952 designated the National Capital Planning Commission as the central planning agency 

for the Federal government in the National Capital Region. The 

three major functions of the Commission are to prepare and adopt 

the Federal elements of the National Capital Comprehensive Plan, 

prepare an annual report on a five-year projection of the Federal 

Capital Improvement Program, and review plans and proposals 

submitted to the Commission. 

Appropriation enacted, 2007 .............................................................. $8,168,000 

Budget estimate, 2008 ....................................................................... 8,265,000 

Recommended, 2008 ........................................................................... 8,265,000 

Comparison:

Appropriation, 2007 .................................................................... +97,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $8,265,000 for salaries and expenses 

of the National Capital Planning Commission, an increase of 

$97,000 above the fiscal year 2007 enacted level and the same as 

the budget request. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

In 1980, Congress passed legislation creating a 65 member Holocaust Memorial Council with the mandate to create and oversee a 

living memorial/museum to victims of holocausts. The museum 

opened in April 1993. Construction costs for the museum came 

solely from donated funds raised by the U.S. Holocaust Memorial 

Museum Campaign and appropriated funds were used for planning 

and development of programmatic components, overall administrative support, and annual commemorative observances. Since the 

opening of the museum, appropriated funds have been provided to 

pay for the ongoing operating costs of the museum as authorized 

by Public Law 102–529 and Public Law 106–292.

Appropriation enacted, 2007 .............................................................. $42,349,000 

Budget estimate, 2008 ....................................................................... 44,996,000 

Recommended, 2008 ........................................................................... 44,996,000 

Comparison:

Appropriation, 2007 .................................................................... +2,647,000 

Budget estimate, 2008 ................................................................ 0 

The Committee recommends $44,996,000 for the Holocaust Memorial Museum as requested, an increase of $2,647,000 above the 

fiscal year 2007 enacted level. 

PRESIDIO TRUST

PRESIDIO TRUST FUND

Appropriation enacted, 2007 .............................................................. $19,706,000 

Budget estimate, 2008 ....................................................................... 18,450,000 

Recommended, 2008 ........................................................................... 22,400,000 

Comparison:

Appropriation, 2007 .................................................................... +2,694,000 

Budget estimate, 2008 ................................................................ +3,950,000 


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The Committee recommends $22,400,000 for the Presidio Trust 

Fund, an increase of $3,950,000 above the budget request and 

$2,694,000 above the enacted level. These funds are used to support the transition of the Presidio army base in San Francisco to 

a mixed use, financially independent facility by the year 2013, as 

authorized by P.L 104–333. Federal appropriations have been provided to the Presidio Trust since 1999 based on the self-sufficiency 

plan required by the basic legislation. Unfortunately, the accumulated effect of multiple years of across-the-board reductions in annual Interior Appropriations Acts has left the Federal government 

$12 million in arrears on its total commitment under the self-sufficiency plan. The increase recommended by the Committee is intended to begin to address this shortfall. The additional funds 

should allow the Presidio to escalate projects including efforts for 

development around the Parade Grounds and the officers club. 

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriation enacted, 2007 .............................................................. $247,000 

Budget estimate, 2008 ....................................................................... 200,000 

Recommended, 2008 ........................................................................... 200,000 

Comparison:

Appropriation, 2007 .................................................................... ¥47,000

Budget estimate, 2008 ................................................................ 0 

The White House Commission on the National Moment of Remembrance, established by Public Law 106–579, was created to (1) 

sustain the American spirit through acts of remembrance, not only 

on Memorial Day, but throughout the year; (2) institutionalize the 

National Moment of Remembrance; and (3) to enhance the commemoration and understanding of Memorial Day. The Committee 

recommends an appropriation of $200,000, a decrease of $47,000 

below the fiscal year 2007 enacted level and the same as the budget request. The Committee recognizes the importance of the sacrifices made by the men and women of the armed forces who serve 

this country. Because of this, the Committee directs the Department of Veterans Affairs to administer all future funds and activities of the Commission. The Committee believes this program can 

more efficiently continue to honor the memory of our service men 

and women if it is administered through the Department of Veterans Affairs. 

TITLE IV—GENERAL PROVISIONS 

Section 401 continues a provision providing for public availability 

of information on consulting services contracts. 

Section 402 continues a provision prohibiting activities to promote public support or opposition to legislative proposals. 

Section 403 continues a provision providing for annual appropriations unless expressly provided otherwise in this Act. 

Section 404 continues a provision limiting the use of personal 

cooks, chauffeurs or servants. 


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Section 405 provides for restrictions on departmental assessments unless approved by the Committees on Appropriations. 

Section 406 prohibits the transfer of funds unless provided in 

this or other Acts. 

Section 407 continues a provision prohibiting the sale of giant sequoia trees. 

Section 408 continues a limitation on accepting and processing 

applications for patents and on the patenting of Federal lands; permits processing of grandfathered applications; and permits thirdparty contractors to process grandfathered applications. 

Section 409 continues a provision limiting payments for contract 

support costs in past years to the funds available in law and accompanying report language in those years for the Bureau of Indian Affairs and the Indian Health Service. 

Section 410 continues a provision allowing Forest Service land 

management plans to be more than 15 years old if the Secretary 

is acting in good faith to update such plans. 

Section 411 continues a provision limiting preleasing, leasing, 

and related activities within the boundaries of National monuments.

Section 412 continues a provision providing the Secretary of the 

Interior and the Secretary of Agriculture the authority to enter into 

reciprocal agreements with foreign nations concerning the personal 

liability of firefighters. 

Section 413 continues a provision authorizing the Secretary of 

the Interior and the Secretary of Agriculture to give consideration 

to rural communities, local and non-profit groups, and disadvantaged workers in entering into contracts for hazardous fuels and 

watershed projects. 

Section 414 continues a provision which provides guidance on 

competitive sourcing activities and clarifies annual reporting requirements to specify the reporting of the full costs associated with 

sourcing studies and related activities. The provision continues the 

funding cap of $3,450,000 for the Department of the Interior and 

also establishes a moratorium for one-year regarding Forest Service competitive sourcing activities. Forest Service competitive 

sourcing is discussed in more detail under the Forest Service, Administrative Provisions heading. 

Section 415 extends through 2012 a previous Forest Service pilot 

program to enhance administration of rights-of-way by allowing 

certain cost-recovery. 

Section 416 extends through 2010 a previous provision concerning Forest Service cooperative agreements with third parties 

that are of mutually significant benefit. 

TITLE V—GLOBAL CLIMATE CHANGE SENSE OF CONGRESS 

This title continues a provision from the fiscal year 2007 House 

passed bill which states that it is the sense of Congress that greenhouse gases are accumulating and causing climate change, that 

human activity is a substantial cause, and that mandatory steps 

will be required to slow or stop the growth of greenhouse gas emissions. Therefore, the sense of Congress is that a comprehensive and 

effective national program of mandatory, market-based limits and 

incentives on greenhouse emissions should be enacted. 


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BILL-WIDE REPORTING REQUIREMENTS

CONSTITUTIONAL AUTHORITY

The Committee on Appropriations bases its authority to report 

this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America which states: 

‘‘No money shall be drawn from the Treasury but in consequence of Appropriations made by law. . . .’’

Appropriations contained in this Act are made pursuant to this 

specific power granted by the Constitution. 

COMPARISON WITH BUDGET RESOLUTION

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives and section 308(a)(1)(A) of the Congressional 

Budget Act of 1974 the following table compares the levels of new 

budget authority provided in the bill with the appropriate allocation under section 302(b) of the Budget Act. 

[In millions of dollars] 

Sec. 302(b) This bill— 

Discretionary Mandatory Discretionary Mandatory 

Budget authority .................................... 27,598 54 27,598 54 

Outlays ................................................... 28,513 55 28,493 55 

FIVE-YEAR OUTLAY PROJECTIONS

Pursuant to section 308(a)(1)(B) of the Congressional Budget Act 

of 1974 the following table contains five-year projections prepared 

by the Congressional Budget Office of outlays associated with the 

budget authority provided in the accompanying bill: 

[In millions of dollars] 

Budget authority (discretionary) 

Outlays:

Fiscal year 2008 ............................................................................................... 17,343 

Fiscal year 2008 ............................................................................................... 5,622 

Fiscal year 2009 ............................................................................................... 2,527 

Fiscal year 2010 ............................................................................................... 1,346 

Fiscal year 2011 ............................................................................................... 612 

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

Pursuant to section 308(a)(1)(C) of the Congressional Budget Act 

of 1974 the amount of financial assistance to State and local governments is as follows: 

[In millions of dollars] 

New budget authority ............................................................................................. 6,028 

Fiscal year 2008 outlays resulting therefrom ....................................................... 2,370 


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RESCISSIONS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table lists the rescissions in the 

accompanying bill: 

RESCISSIONS IN THE BILL

Department or Activity Amounts rescinded

Department of the Interior: Land and Water Conservation Fund 

(contract authority) ............................................................................ $30,000,000 

Environmental Protection Agency: Activities under section 206(a) 

of the Federal Waster Pollution Control Act ................................... $5,000,000 

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table lists the transfers of funds 

included in the accompanying bill. 

APPROPRIATION TRANSFERS RECOMMENDED IN THE BILL

Account from which transfer is made Amount Account to which transfer is made Amount 

Department of the Interior (DOI), Bureau 

of Land Management, (BLM), 

Wildland Fire Management.

9,000,000 Department of Agriculture (USDA), Forest Service, Wildland Fire Management.

9,000,000

Environmental Protection Agency (EPA), 

Hazardous Substance Superfund.

10,000,000 EPA, Office of Inspector General ........... 10,000,000 

EPA, Hazardous Substance Superfund ... 26,126,000 EPA, Science and Technology ................ 26,126,000 

EPA, Commission on Climate Change 

Adaptation and Mitigation.

45,000,000 Various Federal Science agencies to be 

determined by the Commission.

45,000,000

USDA, Forest Service, Timber Purchaser 

Election Fund.

40,000,000 USDA, Forest Service, Capital Improvement and Maintenance.40,000,000

USDA, Forest Service, Wildland Fire 

Management.

9,000,000 DOI, BLM, Wildland Fire Management .. 9,000,000 

USDA, Forest Service, Wildland Fire 

Management.

31,500,000 USDA, Forest Service, Forest and 

Rangeland Research.

31,500,000

USDA, Forest Service, Wildland Fire 

Management.

80,487,000 USDA, Forest Service, State and Private 

Forestry.

80,487,000

USDA, Forest Service, Wildland Fire 

Management.

18,000,000 USDA, Forest Service, National Forest 

System.

18,000,000

White House Commission on the National Moment of Remembrance.200,000 Department of Veterans Affairs, Departmental Administration, General 

Operating Expenses.

200,000

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding:

The Committee on Appropriations considers program 

performance, including a program’s success in developing 

and attaining outcome-related goals and objectives, in developing funding recommendations. 

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the 

House of Representatives, the following statements are submitted 


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describing the effect of provisions in the accompanying bill that directly or indirectly change the application of existing law. In most 

instances these provisions have been included in prior appropriations Acts. 

The Bill includes the following changes in application of existing 

law:

OVERALL BILL

1. Providing that certain appropriations remain available until 

expended or extends the availability of funds beyond the fiscal year 

where programs or projects are continuing but for which legislation 

does not specifically authorize such extended availability. This authority tends to result in savings by preventing the practice of committing funds on low priority projects at the end of the fiscal year 

to avoid losing the funds. 

2. Limiting, in certain instances, the obligation of funds for particular functions or programs. These limitations include restrictions 

on the obligation of funds for administrative expenses, travel expenses, the use of consultants, and programmatic areas within the 

overall jurisdiction of a particular agency. 

3. Limiting official entertainment or reception and representation 

expenses for selected agencies in the bill. 

4. Continuing ongoing activities of those Federal agencies, which 

require annual authorization or additional legislation, which has 

not been enacted. 

TITLE I—DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

5. Providing funds to the Bureau for the management of lands 

and resources. 

6. Providing funds to the Youth Conservation Corp for high priority projects. 

7. Providing funds to the National Fish and Wildlife Foundation 

under certain conditions. 

8. Permitting use of fees for application processing for permits to 

drill.

9. Permitting the use of fees from communication site rentals. 

10. Permitting the use of mining fee collections for program operations.

OREGON AND CALIFORNIA GRANT LANDS

11. Providing that certain receipts are made as a charge against 

the Oregon and California Land Grants Fund. 

FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

12. Permitting the use of salvage timber receipts in the forest 

ecosystems health and recovery fund. 


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SERVICE CHARGES, DEPOSITS, AND FORFEITURES

13. Allowing the use of service charges, deposits and forfeitures 

funds on any damaged public lands. 

14. Authorizing the Secretary to use monies from forfeitures, 

compromises or settlements for improvement, protection and rehabilitation of public lands under certain conditions. 

WILDLAND FIRE MANAGEMENT

15. Permitting the repayments of funds transferred from other 

accounts for firefighting. 

16. Permitting the use of funds for lodging and subsistence of 

firefighters.

17. Permitting the use of grants, contracts and cooperative agreements for hazardous fuels reduction, including cost-sharing and 

local assistance. 

18. Permitting reimbursement to the Fish and Wildlife Service 

and the National Marine Fisheries Service for consultation activities under the Endangered Species Act. 

19. Providing for the transfer of funds between the Department 

of the Interior and the Department of Agriculture for wildland fire 

management.

20. Providing funds for support of Federal emergency response 

actions.

ADMINISTRATIVE PROVISIONS

21. Permitting the payment of rewards for information on violations of law on Bureau lands. 

22. Providing for cost sharing arrangements for printing services. 

23. Amending 30 U.S.C. 28. 

24. Permitting the use of refunds and rebates from an information technology vendor. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

25. Allowing for the maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge. 

26. Providing funding for the Youth Conservation Corps. 

27. Limiting funding for certain Endangered Species Act listing 

programs.

28. Permitting payment for information or rewards in the law enforcement program. 

29. Designating funds for contaminant analyses. 

LAND ACQUISITION

30. Limiting the use of funds for administrative overhead, planning, and other management costs. 

STATE TRIBAL WILDLIFE GRANTS

31. Specifying the State and Tribal Wildlife grants distribution 

formula, the planning and cost-sharing requirements, requiring 

that funds unobligated after two years be reapportioned, and limiting administrative costs. 


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32. Providing that no State, Territory, or other jurisdiction shall 

receive a grant if its conservation plan is disapproved. 

ADMINISTRATIVE PROVISIONS

33. Providing for repair of damage to public roads. 

34. Providing options for the purchase of land not to exceed $1. 

35. Permitting cost-shared arrangements for printing services. 

36. Permitting the use of funds for employment related legal 

services.

37. Permitting the acceptance of donated aircraft. 

38. Limiting the use of funds for establishing new refuges. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

39. Designating funds for everglades restoration. 

40. Providing for repair, rehabilitation and maintenance of National Park Service Assets. 

41. Providing for a Youth Conservation Corps and Public Lands 

Corps program. 

CENTENNIAL CHALLENGE

42. Providing that cost share agreements for signature centennial 

challenge projects receive a 50 percent non-Federal match. 

NATIONAL RECREATION AND PRESERVATION

43. Providing for expenses not otherwise provided for. 

HISTORIC PRESERVATION FUND

44. Providing grants for Save America’s Treasures and Preserve 

America to be matched by non-Federal funds, that individual 

projects are only eligible for one grant and are subject to consultation, and that funds for Federal projects are available by transfer 

to individual agencies. 

CONSTRUCTION AND MAJOR MAINTENANCE

45. Providing funds for modified water deliveries to Everglades 

National Park with certain restrictions. 

LAND AND WATER CONSERVATION FUND

46. Rescinding $30,000,000 in land and water conservation fund 

contract authority. 

LAND ACQUISITION AND STATE ASSISTANCE

47. Requiring that funding for the program is derived from the 

Land and Water Conservation Fund. 

ADMINISTRATIVE PROVISIONS

48. Allowing the Secretary of the Interior to appeal value determinations.


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49. Allowing certain franchise fees to be available for expenditure 

without further appropriation to extinguish or reduce liability for 

certain possessory interests. 

50. Extending National Park System Advisory Board authorization through 2009. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

51. Providing for 2-year availability of funds, and designating 

certain funds to remain available until expended for satellite operations.

52. Prohibiting the conduct of new surveys on private property 

without permission. 

53. Requiring cost sharing for cooperative topographic mapping 

and water resource data collection activities. 

ADMINISTRATIVE PROVISIONS

54. Permitting the use of certain contracts, grants, and cooperative agreements. 

55. Recognizing students and recent graduates as Federal employees for the purposes of travel and work injury compensation. 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

56. Permitting the use of excess receipts from Outer Continental 

Shelf leasing activities. 

57. Providing for reasonable expenses related to volunteer beach 

and marine cleanup activities. 

58. Providing for refunds for overpayments on Indian allottee 

leases.

59. Permitting the use of receipts for administration of the Coastal Impact Assistance Program. 

ADMINISTRATIVE PROVISIONS

60. Prohibits any funds from being used to transfer funds into 

the Ultra-Deepwater and Unconventional Natural Gas and Other 

Petroleum Research Fund. 

61. Requires the Secretary of Interior to deduct 2 percent from 

the amount payable to States from certain payments under section 

35(b) of the Mineral Leasing Act. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

62. Permitting the use of monies collected pursuant to assessment of civil penalties to reclaim lands affected by coal mining 

after August 3, 1977. 

63. Permitting payment to State and tribal personnel for travel 

and per diem expenses for training. 


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ABANDONED MINE RECLAMATION FUND

64. Allowing the use of debt recovery to pay for debt collection. 

65. Allowing funds to be used for travel expenses while attending 

training.

ADMINISTRATIVE PROVISION

66. Permits the Secretary to transfer title for computer equipment to States and tribes. 

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

67. Limiting funds for welfare assistance payments, except for 

disaster relief. 

68. Limiting funds for contract support costs and for administrative cost grants for schools. 

69. Permitting the use of tribal priority allocations for general assistance payments to individuals, for contract support costs, and 

school operations costs. 

70. Providing for an Indian self-determination fund. 

71. Allowing the transfer of certain forestry funds. 

CONSTRUCTION

72. Providing for the transfer of Navajo irrigation project funds 

to the Bureau of Reclamation. 

73. Providing that six percent of Federal Highway Trust Fund 

contract authority may be used for construction management costs. 

74. Providing Safety of Dams funds on a nonreimbursable basis. 

75. Requiring the use of administrative and cost accounting principles for certain school construction projects and exempting such 

projects from certain requirements. 

76. Requiring conformance with building codes and health and 

safety standards and allowing the Secretary to assume control of 

a construction project under certain conditions. 

77. Specifying the procedure for dispute resolution. 

78. Allowing reimbursement of construction costs from the Office 

of Special Trustee. 

ADMINISTRATIVE PROVISIONS

79. Allowing contracting for the San Carlos Irrigation Project. 

80. Limiting the use of funds for contracts, grants and cooperative agreements. 

81. Allowing tribes to return appropriated funding to the Bureau 

without future impact on appropriations. 

82. Prohibiting funding of Alaska schools. 

83. Limiting the number of schools and the expansion of grade 

levels in individual schools. 

84. Permitting the use of Indian Student Equalization Program 

funds to offset costs associated with significant enrollment increases.

85. Specifying distribution of indirect and administrative costs 

for certain tribes. 


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DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY, SALARIES AND EXPENSES

86. Permitting payments to former Bureau of Mines workers. 

87. Designating funds for the Financial and Business Management System. 

INSULAR AFFAIRS, ASSISTANCE TO TERRITORIES

88. Designating funds for various programs and for salaries and 

expenses of the Office Insular Affairs and providing until expended 

for the latter. 

89. Requiring audits of the financial transactions of the Territorial governments by the GAO. 

90. Providing grant funding under certain terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands. 

91. Allowing grants for the Pacific Basin Development Council. 

92. Providing a grant to the Close Up foundation. 

93. Providing for capital infrastructure in various Territories. 

94. Allowing appropriations for disaster assistance to be used as 

non-Federal matching funds for hazard mitigation grants. 

COMPACT OF FREE ASSOCIATION

95. Providing grants to Palau, the Marshall Islands, and Micronesia.

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

96. Limiting the amount of funding available for the historical 

accounting of Indian trust fund accounts. 

97. Allowing transfers to other Department of the Interior accounts.

98. Specifying that the statute of limitations shall not commence 

on any claim resulting from trust funds losses. 

99. Exempting quarterly statements for Indian trust accounts 

$15 or less. 

100. Requiring annual statements and records maintenance for 

Indian trust accounts. 

101. Limiting use of funds to correct administrative errors in Indian trust accounts. 

102. Permitting the use of recoveries from erroneous payments 

pursuant to Indian trust accounts. 

INDIAN LAND CONSOLIDATION

103. Permitting transfers of funds to the Bureau of Indian Affairs and Departmental Management accounts from Indian land 

consolidation for administrative expenses. 


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DEPARTMENT-WIDE PROGRAMS

PAYMENTS IN LIEU OF TAXES

104. Excluding any payment pursuant to the Payments in Lieu 

of Taxes that is less than $100. 

ADMINISTRATIVE PROVISIONS

105. Allowing the sale of existing aircraft with proceeds used to 

offset the purchase price of replacement aircraft. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

106. Allowing transfer of funds in certain emergency situations 

and requiring replacement with a supplemental appropriation request.

107. Permitting the Department to use limited funding for certain services. 

108. Restricting various oil and gas preleasing, leasing, exploration and drilling activities within the Outer Continental Shelf in 

the Georges Bank North Atlantic planning area, Mid Atlantic and 

South Atlantic planning areas, Eastern Gulf of Mexico planning 

area, North Aleutian Basin planning area, Northern, Southern and 

Central California planning areas, and Washington/Oregon planning area. 

109. Permitting the transfer of funds between the Bureau of Indian Affairs and the Office of Special Trustee for American Indians. 

110. Permitting the redistribution of certain Indian funds with 

limitations.

111. Permitting the conveyance of the Twin Cities Research Center.

112. Allowing the use of helicopters and motor vehicles on Sheldon and Hart National Wildlife Refuges. 

113. Limiting compensation for the Special Master and Court 

Monitor for the Cobell v. Kempthorne litigation. 

114. Allowing payment of attorney fees for Federal employees related to the Cobell v. Kempthorne litigation. 

115. Requiring the Fish and Wildlife Service to mark hatchery 

salmon.

116. Providing for a tribal trust demonstration program. 

117. Authorizing for the acquisition of lands and leases for Ellis 

Island.

118. Prohibiting use of funds to issue new Outer Continental 

Shelf oil or natural gas leases any lessee where such existing lease 

is not subject to limitations on royalty relief based on market price. 

TITLE II—ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

119. Limiting certain per diem rates. 

COMMISSION ON CLIMATE CHANGE ADAPTATION AND MITIGATION

120. Provides for the creation of a new commission and limits existence to two years. 


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ENVIRONMENTAL PROGRAMS AND MANAGEMENT

121. Limiting certain per diem rates, official representation and 

reception expenses and providing two year funding availability for 

administrative costs of Brownfields program. 

HAZARDOUS SUBSTANCE SUPERFUND

122. Providing for the transfer of funds within certain agency accounts.

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

123. Providing for certain activities authorized by the Solid 

Waste Disposal Act. 

124. Providing for grants to Federally-recognized Indian tribes. 

STATE AND TRIBAL ASSISTANCE GRANTS

125. Permitting the use of limited State Revolving Funds for decentralized projects. 

126. Limiting use of funds provided for Alaska Native Villages. 

127. Designating a minimum 45 percent cost-share for water and 

wastewater infrastructure improvement projects. 

128. Designating grants for water quality monitoring and competitive targeted watershed grants. 

129. Providing for State grants for leaking underground storage 

tank prevention. 

130. Providing waivers for certain uses of clean water State revolving funds for State administrative cost and for grants to Federally-recognized Indian Tribes. 

131. Prohibiting the use of funds for jurisdictions that permit development or construction of additional colonia areas. 

132. Allowing for grants for air monitors under the Clean Air 

Act.

ADMINISTRATIVE PROVISIONS

133. Allowing awards of grants to Federally-recognized Indian 

tribes.

134. Authorizing the collection of pesticide registration service 

fees.

135. Limiting the use of funds for consultants. 

136. Prohibiting the use of funds in contravention of executive 

order 12898. Regarding environmental justice in minority populations.

137. Directing use of funds for clean air regulations. 

TITLE III—RELATED AGENCIES 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

138. Designating funds for the forest inventory and analysis program.


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STATE AND PRIVATE FORESTRY

139. Deriving forest legacy funding from the Land and Water 

Conservation Fund. 

140. Designating funds for the International program. 

NATIONAL FOREST SYSTEM

141. Allowing 50 percent of the fees collected under the Land and 

Water Conservation Fund Act to remain available until expended. 

142. Requiring the budget justification to display unobligated 

balances available at the start of fiscal year. 

CAPITAL IMPROVEMENT AND MAINTENANCE

143. Allowing capital improvement and maintenance funds to be 

used for road decommissioning. 

144. Designating funds for special road and trail maintenance 

and repair activities. 

145. Requiring that funds becoming available in fiscal year 2008 

for the road and trails fund (16 U.S.C. 501) shall be transferred to 

the treasury. 

RANGE BETTERMENT FUND

146. Providing that six percent of range betterment funds may 

be used for administrative expenses. 

WILDLAND FIRE MANAGEMENT

147. Allowing the use of wildland fire funds to repay advances 

from other accounts. 

148. Allowing reimbursement of States for certain wildfire emergency activities. 

149. Requiring 50 percent of any unobligated balances remaining 

at the end of the fiscal year, except hazardous fuels funding, to be 

transferred to the Knutson-Vandenberg Fund as repayment for 

past advances. 

150. Permitting the use of funds for the joint fire science program.

151. Permitting the use of forest and rangeland research funds 

for fire science research. 

152. Permitting the use of funds for emergency rehabilitation 

and restoration and hazardous fuels reduction to support emergency response and wildfire suppression. 

153. Designating funds for hazards fuels reduction, rehabilitation, restoration, and research and permitting competitive research 

grants.

154. Designating funds for State fire assistance, volunteer fire 

assistance and forest health on Federal, State and private lands. 

155. Permitting funding transfers with Committee approval in 

certain cases. 

156. Providing for cost-shared cooperative agreements. 

157. Providing for the use of funds on adjacent, non-Federal 

lands for hazard reduction. 

158. Providing for the use of hazardous fuels reduction funds to 

create incentives for increased use of biomass on National Forest 

lands.


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159. Providing that funds for wildfire suppression shall be assessed for indirect costs. 

160. Providing for the transfer of wildland fire funds between the 

Department of the Interior and the Department of Agriculture. 

ADMINISTRATIVE PROVISIONS

161. Permitting the purchase of passenger motor vehicles. 

162 Providing that proceeds from the sale of aircraft may be used 

to purchase replacement aircraft. 

163. Allowing funds for certain employment contracts. 

164. Allowing funds to be used for purchase and alteration of 

buildings.

165. Allowing for acquisition of certain lands and interests. 

166. Allowing expenses for certain volunteer activities. 

167. Providing for the cost of uniforms. 

168. Providing for debt collections on certain contracts. 

169. Permitting the transfer of funds for emergency firefighting 

from other forest service accounts under certain circumstances. 

170. Allowing funds to be used through the Agency for International Development for work in foreign countries and to support 

other forestry activities outside of the United States. 

171. Prohibiting the transfer of funds under the Department of 

Agriculture transfer authority under certain conditions. 

172. Prohibiting reprogramming of funds without approval. 

173. Limiting funds to be transferred to the USDA Working Capital Fund and reimbursable expenses account. 

174. Designating funds for the Youth Conservation Corps and 

Public Lands Corps. 

175. Limiting the use of funds for official reception and representation expenses. 

176. Providing for matching funds and administrative expenses 

for the National Forest Foundation and matching funds for the National Fish and Wildlife Foundation. 

177. Permitting the use of funds for payments to counties in the 

Columbia River Gorge National Scenic Area. 

178. Providing Federal employee status for certain individuals 

employed under the Older Americans Act of 1965. 

179. Permitting funding assessments for facilities maintenance, 

rent, utilities, and other support services. 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

180. Providing that tribal contract and grant funding is deemed 

obligated at the time of grant or contract award and remains available until expended. 

181. Limiting funds for catastrophic care and loan repayment 

and providing no year availability for loan repayment funds. 

182. Designating a minimum funding level for Contract health 

care.

183. Providing for loan repayment under section 108 of the Indian Health Care Improvement Act. 

184. Providing for use of collections and reporting of collections 

under Title IV of the Indian Health Care Improvement Act. 


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185. Providing that certain contracts and grants may be performed in two fiscal years. 

186. Permitting the use of Indian Health Care Improvement 

Fund monies for facilities improvement and providing no year 

funding availability. 

187. Providing no year funding availability for scholarship funds. 

188. Exempting certain tribal funding from fiscal year constraints.

189. Limiting contract support cost spending. 

190. Providing for the collection of individually identifiable 

health information relating to the Americans with Disabilities Act 

by the Bureau of Indian Affairs. 

INDIAN HEALTH FACILITIES

191. Providing that facilities funds may be used to purchase 

land, modular buildings and trailers. 

192. Providing for TRANSAM equipment to be purchased from 

the Department of Defense. 

193. Prohibiting the use of funds for sanitation facilities for new 

homes funded by the Department of Housing and Urban Development.

194. Allowing for the purchase of ambulances. 

195. Providing for a demolition fund. 

ADMINISTRATIVE PROVISIONS

196. Allowing per diem for senior level positions. 

197. Providing for payments for telephone service in private residences in the field, purchase of motor vehicles, aircraft and reprints.

198. Providing for purchase and erection of modular buildings. 

199. Providing funds for uniforms. 

200. Allowing funding for attendance at professional meetings. 

201. Providing that health care may be extended to non-Indians 

at Indian Health Service facilities, subject to charges, and for the 

use of those funds. 

202. Allowing the transfer of funds from HUD to IHS. 

203. Permitting the use of funds transferred from the Department of Health and Human Services. 

204. Prohibiting limitations on certain Federal travel and transportation.

205. Allowing deobligation and reobligation of funds applied to 

self-governance funding agreements. 

206. Prohibiting personnel ceilings assessments by the Department of Health and Human Services. 

207. Prohibiting the expenditure of funds to implement new eligibility regulations. 

208. Permitting certain reimbursements and the use of those 

funds.

209. Providing that reimbursements for training provide total 

costs.

210. Prohibiting changing the appropriations structure without 

approval of the Appropriations Committees. 


ccoleman on PRODPC75 with HEARING
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AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

211. Designating funds for Individual Learning Accounts and 

providing no year funding availability. 

212. Providing for the conduct of health studies, testing, and 

monitoring.

213. Providing deadlines for health assessments and studies. 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

214. Designating the appointment and duties of the chairman. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

215. Limiting the use of funds for per diem expenses and the 

number of senior level positions. 

216. Providing that in fiscal year 2008 and thereafter the EPA, 

Inspector General shall not serve as Inspector General for the 

Board.

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

217. Defining eligible relocatees. 

218. Prohibiting movement of any single Navajo or Navajo family 

unless a new or replacement home is available. 

219. Limiting relocatees to one new or replacement home. 

220. Establishing a priority for relocation of Navajos to those certified eligible who have selected and received homesites on the 

Navajo reservation or selected a replacement residence off the Navajo reservation. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

221. Limiting lease terms. 

222. Providing for purchase of passenger vehicles and certain 

rental, repair and cleaning of uniforms. 

223. Designating funds for facilities maintenance at the Zoo and 

for certain programs at the National Museum of African American 

History and Culture and repatriation of skeletal remains and providing no year funding availability. 

224. Designating funds for fellowships and scholarly awards and 

providing two year funding availability. 

225. Providing that funds may be used to support American overseas research centers. 

226. Allowing for advance payments to independent contractors 

performing research services or participating in official Smithsonian presentations. 


ccoleman on PRODPC75 with HEARING
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FACILITIES CAPITAL

227. Designating funds for maintenance, repair, rehabilitation, 

and construction and for consultant services. 

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

228. Allowing payment in advance for membership in library, 

museum, and art associations or societies. 

229. Providing for restoration and repair of works of art by contract without advertising. 

230. Providing no-year availability of funds for special exhibitions.

REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS

231. Permitting the Gallery to perform work by contract or otherwise and to select contractors for certain purposes on the basis of 

contractor qualifications as well as price. 

NATIONAL ENDOWMENT FOR THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS, GRANTS AND ADMINISTRATION

232. Permitting transfer of funds within certain accounts and requiring funds to be expensed in accordance with Public Law 108–

447.

NATIONAL ENDOWMENT FOR THE HUMANITIES, MATCHING GRANTS

233. Allowing obligation of National Endowment for the Humanities current and prior year funds from gifts, bequests, and devises 

of money for which equal amounts have not previously been appropriated.

ADMINISTRATIVE PROVISIONS

234. Prohibiting the use of funds for grants and contracts which 

do not include the text of 18 U.S.C. 1913. 

235. Prohibiting the use of appropriated funds and permitting 

the use of nonappropriated funds for reception expenses. 

236. Allowing the chairperson of the National Endowment for the 

Arts to approve small grants under certain circumstances. 

237. Specifying that grants and contracts supported entirely with 

nonappropriated funds are not subject to matching requirements. 

238. Amending PL 108–447 to include opera. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

239. Permitting the charging and use of fees for its publications. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

240. Limiting each annual grant to a maximum of $650,000. 


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ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

241. Restricting hiring at Executive Level V or higher. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

242. Permitting limited use of funds for official reception and 

representation expenses. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

243. Designating funds for equipment replacement and for repair, rehabilitation and for exhibition design and production and 

providing no year availability for these funds. 

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

244. Transferring administration of the Commission to the Department of Veterans Affairs. 

TITLE IV—GENERAL PROVISIONS 

245. Providing for public availability of information on consulting 

services contracts. 

246. Prohibiting the use of funds to distribute literature either 

to promote or oppose legislative proposals on which Congressional 

action is incomplete. 

247. Specifying that funds are for one year unless provided otherwise.

248. Prohibiting the use of funds to provide personal cooks, 

chauffeurs or other personal servants to any office or employee. 

249. Limiting assessments against programs funded in this bill. 

250. Limiting transfer of funds. 

251. Prohibiting the sale of giant sequoia trees in a manner different from 2005. 

252. Continuing a limitation on accepting and processing applications for patents and on the patenting of Federal lands; permitting 

processing of grandfathered applications; and permitting thirdparty contractors to process grandfathered applications. 

253. Limiting the use of funds for contract support costs on Indian contracts. 

254. Providing that certain Forest plans are not in violation of 

the Forest and Rangeland Renewable Resources Planning Act. 

255. Limiting leasing and preleasing activities within National 

Monuments.

256. Providing the Secretary of the Interior and the Secretary of 

Agriculture the authority to enter into reciprocal agreements with 

foreign nations concerning the personal liability of firefighters. 

257. Permitting consideration, when awarding contracts, to local 

contractors who provide employment and training for dislocated 

and displaced workers in economically disadvantaged rural communities.

258. Limiting the use of funds for competitive sourcing studies. 


ccoleman on PRODPC75 with HEARING
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259. Extending Forest Service pilot program to enhance administration of rights-of-ways. 

260. Extending Forest Service cooperative agreement program. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the 

House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law for 

the period concerned: 

[Dollars in thousands] 

Agency / program Last year of authorization Authorization level Appropriations in last 

year of authorization 

Appropriations in this 

bill

Bureau of Land Management: 

All discretionary programs ............ 2002 Such sums $1,681,437 $1,853,029 

U.S. Fish & Wildlife Service: 

Resource Management: 

Endangered Species Act 

Amendments of 1988 ...... 1992 $41,500 35,721 152,543 

Great Lakes Fish & Wildlife 

Restoration Grants .......... 2004 4,000 498 560 

Marine Mammal Protection 

Act Amendments of 1994 1999 10,296 2,008 2,523 

Klamath River Basin Fishery 

Resources Restoration Act 2006 21,000 3,399 3,398 

General Administration: 

Great Ape Conservation ....... 2005 5,000 1,381 2,000 

Fisheries Restoration Irrigation Mitigation Act .......... 2005 25,000 2,000 4,000 

Neotropical Migratory Birds 2005 5,000 3,944 5,000 

National Fish and Wildlife 

Foundation Establishment 

Act ................................... 2005 25,000 7,761 7,656 

U.S. Geological Survey 

National Geologic Mapping 

Reauthorization Act of 

1999 ................................ 2005 64,000 25,162 27,048 

Bureau of Indian Affairs 

The Tribal Colleges or Universities Assistance Act 

of 1978 ............................ 1999 Such sums 32,400 54,721 

The Indian Tribal Justice Act 2007 Such sums 12,013 12,065 

Indian Child Protection and 

Family Violence Prevention Act ............................ 2007 30,000 10,063 10,167 

The No Child Left Behind 

Act ................................... 2007 Such sums 549,293 562,020 

Environmental Protection Agency: 

Hazardous Substance Superfund .. 1994 5,100,000 1,480,853 1,272,008 

State and Tribal Assistance 

Grants:

Alaska Native Villages ......... 1979 2,000 Not available 10,500 

Clean Water SRF .................. 1992 1,800,000 2,400,000 1,125,000,000 

Drinking Water SRF .............. 2003 1,000,000 .............................. 842,167 

Clean Air Act ........................ 1997 Such sums 167,230 231,220 

Radon Abatement Act .......... 1991 10,000 9,000 8,074 

Clean Water Act (FWPCA) .... 1991 .............................. .............................. 468,534 

BEACH Act ............................ 2005 30,000 9,920 9,900 

Safe Drinking Water Act ...... 2003 115,000 .............................. 112,491 

Solid Waste Disposal Act 

(RCRA) ............................. 1988 70,000 71,391 103,346 

Toxic Substances Control Act 1983 1,500 5,100 18,663 

Pollution Prevention Act ....... 1993 8,000 6,800 4,940 


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[Dollars in thousands] 

Agency / program Last year of authorization Authorization level Appropriations in last 

year of authorization 

Appropriations in this 

bill

Indian Environmental General Assistance Program 

Act ................................... 1998 Such sums 38,585 56,925 

Underground Storage Tanks 1988 10,000 14,400 2,500 

Forest Service, International Forestry 

Program ............................................. 2007 Such sums 6,886 8,000 

National Endowment for the Arts .......... 1993 Such sums 174,460 160,000 

National Endowment for the Humanities 1993 Such sums 177,403 160,000 

The Committee notes that authorizing legislation for many of 

these programs is in various stages of the legislative process and 

expects these authorizations to be enacted into law later this year. 

COMPLIANCE WITH CLAUSE 3 OF RULE XIII (RAMSEYER RULE)

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 2324 OF THE REVISED STATUTES OF THE 

UNITED STATES 

(30 U.S.C. 28) 

SEC. 2324. The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the 

laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary 

to hold possession of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground 

so that its boundaries can be readily traced. All records of mining 

claims made after May 10, 1872, shall contain the name or names 

of the locators, the date of the location, and such a description of 

the claim or claims located by reference to some natural object or 

permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventytwo, that is granted a waiver under section 10101 of the Omnibus 

Budget Reconciliation Act of 1993, and until a patent has been 

issued therefor, not less than $100 worth of labor shall be performed or improvements made during each year. On all claims located prior to the 10th day of May 1872, $10 worth of labor shall 

be performed or improvements made each year, for each one hundred feet in length along the vein until a patent has been issued 

therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if 

no location of the same had ever been made, provided that the 

original locators, their heirs, assigns, or legal representatives, have 

not resumed work upon the claim after failure and before such location. Upon the failure of any one of several coowners to contribute his proportion of the expenditures required hereby, the coVerDate Aug 31 2005 06:25 Jun 12, 2007 Jkt 035896 PO 00000 Frm 00185 Fmt 6602 Sfmt 6602 E:\HR\OC\HR187.XXX HR187

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owners who have performed the labor or made the improvements 

may, at the expiration of the year, give such delinquent co-owner 

personal notice in writing or notice by publication in the newspaper 

published nearest the claim, for at least once a week for ninety 

days, and if at the expiration of ninety days after such notice in 

writing or by publication such delinquent should fail or refuse to 

contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his coowners who have made the required expenditures. The period within which the work required to be done annually on all unpatented 

mineral claims located since May 10, 1872, including such claims 

in the Territory of Alaska, øshall commence at 12 o’clock meridian 

on the 1st day of September¿ shall commence at 12:01 ante meridian on the 1st day of September succeeding the date of location of 

such claim. 

Where a person or company has or may run a tunnel for the purposes of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and 

considered as expended on said lode or lodes, whether located prior 

to or since May 10, 1872; and such person or company shall not be 

required to perform work on the surface of said lode or lodes in 

order to hold the same as required by this section. On all such 

valid claims the annual period ending December 31, 1921, shall 

continue to 12 o’clock meridian July 1, 1922. 

OMNIBUS BUDGET RECONCILIATION ACT OF 1993 

(30 U.S.C. 28f and 28g) 

* * * * * * * 

TITLE X—NATURAL RESOURCE 

PROVISIONS

* * * * * * * 

Subtitle B—Hardrock Mining Claim 

Maintenance Fee 

SEC. 10101. FEE. 

(a) CLAIM MAINTENANCE FEE.—The holder of each unpatented 

mining claim, mill, 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 øfor years 2004 through 2008¿,

a claim maintenance fee of $100 per claim or site Such claim maintenance fee shall be in lieu of the assessment work requirement 

contained in the Mining Law of 1872 (30 U.S.C. 28–28e) and the 

related filing requirements contained in section 314 (a) and (c) of 


ccoleman on PRODPC75 with HEARING
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the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1744 (a) and (c)). 

* * * * * * * 

SEC. 10102. LOCATION FEE. 

Notwithstanding any other provision of law, for every unpatented 

mining claim, mill or tunnel site located after the date of enactment of this subtitle øand before September 30, 2008,¿ pursuant to 

the Mining Laws of the United States, the locator shall, at the time 

the location notice is recorded with the Bureau of Land Management, pay to the Secretary of the Interior a location fee, in addition 

to the claim maintenance fee required by section 10101, of $25.00 

per claim. 

* * * * * * * 

SECTION 3 OF THE ACT OF AUGUST 21, 1935 

SEC. 3. (a) * * * 

* * * * * * * 

(f) The National Park System Advisory Board shall continue to 

exist until January 1, ø2007¿ 2009. The provisions of section 14(b) 

of the Federal Advisory Committee Act (the Act of October 6, 1972; 

86 Stat. 776) are hereby waived with respect to the Board, but in 

all other respects, it shall be subject to the provisions of the Federal Advisory Committee Act. 

* * * * * * * 

CONSOLIDATED APPROPRIATIONS ACT, 2005 

(Division E of Public Law 108–447)

* * * * * * * 

DIVISION E—DEPARTMENT OF THE INTERIOR AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2005 

TITLE I—DEPARTMENT OF THE INTERIOR 

* * * * * * * 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental 

studies, regulation of industry operations, and collection of royalties, as authorized by law; for enforcing laws and regulations applicable to oil, gas, and other minerals leases, permits, licenses and 

operating contracts; and for matching grants or cooperative agreements; including the purchase of not to exceed eight passenger 

motor vehicles for replacement only, $169,175,000, of which 

$76,106,000 shall be available for royalty management activities; 

and an amount not to exceed $103,730,000, to be credited to this 

appropriation and to remain available until expended, from addiVerDate Aug 31 2005 06:25 Jun 12, 2007 Jkt 035896 PO 00000 Frm 00187 Fmt 6602 Sfmt 6602 E:\HR\OC\HR187.XXX HR187

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tions to receipts resulting from increases to rates in effect on August 5, 1993, from rate increases to fee collections for Outer Continental Shelf administrative activities performed by the Minerals 

Management Service (MMS) over and above the rates in effect on 

September 30, 1993, and from additional fees for Outer Continental 

Shelf administrative activities established after September 30, 

1993: Provided, That to the extent $103,730,000 in additions to receipts are not realized from the sources of receipts stated above, 

the amount needed to reach $103,730,000 shall be credited to this 

appropriation from receipts resulting from rental rates for Outer 

Continental Shelf leases in effect before August 5, 1993: Provided

further, That $3,000,000 for computer acquisitions shall remain 

available until September 30, 2006: Provided further, That funds 

appropriated under this Act shall be available for the payment of 

interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further, That not to exceed $3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup 

activities: Provided further, That notwithstanding any other provi- sion of law, $15,000 under this heading shall be available for refunds of overpayments in connection with certain Indian leases in 

which the Director of MMS concurred with the claimed refund due, 

to pay amounts owed to Indian allottees or tribes, or to correct 

prior unrecoverable erroneous payments: Provided further, That 

MMS may under the royalty-in-kind program, or under its authority to transfer oil to the Strategic Petroleum Reserve, use a portion 

of the revenues from royalty-in-kind sales, without regard to fiscal 

year limitation, to pay for transportation to wholesale market centers or upstream pooling points, to process or otherwise dispose of 

royalty production taken in kind, and to recover MMS transportation costs, salaries, and other administrative costs directly related to the royalty-in-kind program: Provided further, That MMS 

shall analyze and document the expected return in advance of any 

royalty-in-kind sales to assure to the maximum extent practicable 

that royalty income under the pilot program is equal to or greater 

than royalty income recognized under a comparable royalty-invalue program: Provided further, That in fiscal year 2005 and 

thereafter, notwithstanding 30 U.S.C. 191(a) and 43 U.S.C. 1338, 

the Secretary shall pay amounts owed to States and Indian accounts under the øprovision¿ provisions of 30 U.S.C. 1721(b) and

(d) from amounts received as current receipts from bonuses, royalties, interest collected from lessees and designees, and rentals of 

the public lands and the outer continental shelf under provisions 

of the Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which are not 

payable to a State or the Reclamation Fund. 

* * * * * * * 

SECTION 331 OF THE DEPARTMENT OF THE INTERIOR 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2000 

SEC. 331. ENHANCING FOREST SERVICE ADMINISTRATION OF

RIGHTS-OF-WAY AND LAND USES. (a) The Secretary of Agriculture 

shall develop and implement a pilot program for the purpose of enVerDate Aug 31 2005 06:25 Jun 12, 2007 Jkt 035896 PO 00000 Frm 00188 Fmt 6602 Sfmt 6602 E:\HR\OC\HR187.XXX HR187

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hancing forest service administration of rights-of-way and other 

land uses. The authority for this program shall be for fiscal years 

2000 through ø2006¿ 2012. Prior to the expiration of the authority 

for this pilot program, the Secretary shall submit a report to the 

House and Senate Committees on Appropriations, and the Committee on Energy and Natural Resources of the Senate and the 

Committee on Resources of the House of Representatives that evaluates whether the use of funds under this section resulted in more 

expeditious approval of rights-of-way and special use authorizations. This report shall include the Secretary’s recommendation for 

statutory or regulatory changes to reduce the average processing 

time for rights-of-way and special use permit applications. 

(b) DEPOSIT OF FEES.—Subject to subsections (a) and (f ), during 

fiscal years 2000 through ø2006¿ 2012, the Secretary of Agriculture 

shall deposit into a special account established in the Treasury all 

fees collected by the Secretary to recover the costs of processing applications for, and monitoring compliance with, authorizations to 

use and occupy National Forest System lands pursuant to section 

28(l) of the Mineral Leasing Act (30 U.S.C. 185(l)), section 504(g) 

of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1764(g)), section 9701 of title 31, United States Code, and section 

110(g) of the National Historic Preservation Act (16 U.S.C. 470h–

2(g)).

* * * * * * * 

SECTION 321 OF THE DEPARTMENT OF THE INTERIOR 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2003 

(Division F of Public Law 108–7)

SEC. 321. Until September 30, ø2007¿ 2010, the authority of the 

Secretary of Agriculture to enter into an agreement under the first 

section of Public Law 94–148 (16 U.S.C. 565a–1) for a purpose described in such section includes the authority to use that legal instrument when the principal purpose of the resulting relationship 

is to the mutually significant benefit of the Forest Service and the 

other party or parties to the agreement, including nonprofit entities. An agreement entered into under this section shall not be subject to Public Law 95–224, Federal Grant and Cooperative Agreement Act (1977). 

* * * * * * * 

DEPARTMENT OF THE INTERIOR AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2005 

(Division E of Public Law 108–447)

SEC. 309. Of the funds provided to the National Endowment for 

the 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, National

Opera Fellowship, or American Jazz Masters Fellowship. 


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REPROGRAMMING GUIDELINES

The Committee has revised the reprogramming guidelines to 

modify the threshold and approval requirements for agencies funded within the Interior, Environment and Related Agencies Appropriations bill. This added flexibility is provided with the understanding that the remaining guidelines will be strictly adhered to 

by the agencies. The following guidelines replace all other instructions previously issued by the Committee. 

1. Definitions.—(a) The term ‘‘reprogramming,’’ as defined in 

these procedures, is the administrative process for reallocating 

funds from one budget activity to another after an appropriations 

bill has been enacted into law. For purpose of these guidelines the 

term ‘‘budget activity’’, sometimes referred to by the agencies as 

‘‘budget line-item’’ or ‘‘program area,’’ means any program for 

which a specific appropriation level is specified in Committee reports including reports of a Committee of Conference. For construction and land acquisition accounts, a reprogramming constitutes 

the reallocation of funds from one construction or land acquisition 

project, which is individually identified in the justification or Committee report, to another such project. Beyond these specific requirements, a reprogramming also is defined as a budget change 

which represents any significant departure from the program described in the agency’s budget justifications. 

2. General Guidelines for Reprogramming.—(a) A reprogramming 

should be made only when an unforeseen situation arises; and then 

only if postponement of the project or the activity until the next appropriation year would result in actual loss or damage. 

(b) Reprogramming should not be employed to initiate new programs or to change allocations specifically denied, limited or increased by the Congress. 

(c) Reprogramming proposals submitted to the House and Senate 

Committees on Appropriations for approval shall be considered approved 30 calendar days after receipt if the Committees have posed 

no objection. However, agencies will be expected to extend the approval deadline if specifically requested by either Committee. 

3. Criteria and Exceptions.—A reprogramming must be submitted to the Committees in writing prior to implementation if it 

exceeds $1,000,000 annually or results in an increase or decrease 

of more than 10 percent annually in affected programs, with the 

following exceptions: 

(a) With regard to the tribal priority allocations activity of the 

Bureau of Indian Affairs, there is no restriction on reprogrammings 

among the programs within this activity. However, the Bureau 

shall report on all reprogrammings made during a given fiscal year 

no later than November 1 of that year. 

(b) With regard to the Environmental Protection Agency, State 

and Tribal Assistance Grants account, reprogramming requests associated with States and Tribes applying for partnership grants do 

not need to be submitted to the Committees. 

(c) With regard to Department of Interior or U.S. Forest Service construction projects, the threshold is $2,000,000 or 25 percent per 

project, except that reallocations that will result in a project cancellation or deferral must be submitted. 


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4. Report Language.—Any limitation, directive, or earmarking 

contained in either the House or Senate report which is not contradicted by the other report nor specifically denied in the conference 

report shall be considered as having been approved by both Houses 

of Congress for purposes of these reprogramming guidelines. 

5. Assessments.—Increased assessments for centralized services 

or other purposes or new transfers of funds to contingency or reserve accounts which have not been described in the budget should 

be treated as reprogrammings if the amounts assessed or transferred exceed the thresholds. 

6. Land Acquisitions and Forest Legacy.—(a) Lands shall not be 

acquired for more than the approved appraised value (as addressed 

in section 301(3) of Public Law 91–646) except for condemnations 

and declarations of taking, unless such acquisitions are submitted 

to the Committees for approval in compliance with these procedures.

(b) Subsection (a) does not apply to tracts with an appraised 

value of $1,000,000 or less. 

7. Land Exchanges.—Land exchanges, wherein the estimated 

value of the Federal lands to be exchanged is greater than 

$2,000,000, shall not be consummated until the Committees have 

had a 30–day period in which to examine the proposed exchange, 

and the Committee shall be provided advance notification of exchanges valued between $500,000 and $2,000,000. 

8. Sequestrations or Across-the-Board Reductions.—The definition 

of the term ‘‘budget activity’’ established by paragraph 1(a) of these 

instructions shall also be the definition of the level at which any 

general, across-the-board or sequestration related reductions mandated by law are to be applied to activities funded in any Interior, 

Environment and Related Agencies Appropriations bill. 

EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, this bill, as reported, contains no congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(d), 9(e), or 9(f) of rule XXI. 


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ADDITIONAL VIEWS OF JERRY LEWIS AND TODD TIAHRT 

Chairman Dicks is to be commended for the reasonable and evenhanded manner in which he has conducted the business of the subcommittee. The subcommittee’s work this year has been a bipartisan, collaborative effort. In spite of the comity reflected in much 

of the subcommittee’s work, however, we have genuine policy differences with the Democrat majority and a divergence in views 

over the level of funding necessary to address the critical needs of 

this bill. 

Our 38 subcommittee hearings revealed many unmet needs and 

urgent priorities. Still, while we have an obligation to be good stewards of our environment and public lands for future generations, 

we also have an obligation to be good stewards of our tax dollars. 

In that respect, this legislation falls short. 

The 302(b) allocation for this bill is $27.6 billion, a $1.9 billion 

increase over the President’s budget request and a $1.2 billion increase over the enacted fiscal year 2007 Interior bill. The enacted 

FY07 Interior bill, itself, was $400 million above the House passed 

level. This FY08 subcommittee allocation represents a seven percent increase above the budget request, and a 4.3 percent increase 

over the FY07 enacted level. 

The initial subcommittee allocation—which was $858 million 

above the FY07 enacted level—though very generous, would have 

resulted in a better, more balanced bill. The additional $335 million, added at the last minute to the subcommittee’s already charitable allocation, is simply unnecessary and, more importantly, 

unsustainable.

We would submit that this subcommittee allocation represents 

exactly the kind of unfettered spending that so closely identifies 

the differences of philosophies between Republicans and Democrats. And, who is going to pay for this increased spending? 

In 2004, 50 percent of the total Federal tax burden was shouldered by the 65 million households earning between $24,000 and 

$65,000 per year. The vast majority of those taxes are being paid 

by individuals between the ages of 45 and 54 with incomes between 

$55,000 and $77,000 a year. These are middle-income families, 

many of them from ‘‘the sandwich generation,’’ shouldering the financial burden of supporting both young children and aging parents. Middle-income families end up paying the bill for expanded 

government, and this 302(b) allocation by the Democrat majority 

guarantees years of payments middle-income families do not want 

and cannot afford. 

Repeating the mistakes of the past 

No matter how well-intentioned the Democrat majority, this allocation will cause many of the same problems down the road that 


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this subcommittee has been trying to resolve in recent years—

namely, huge backlogs in operations and maintenance. 

This circumstance is, in many respects, similar to a homeowner 

who receives a big bonus and uses these extra funds to buy a bigger house for his family. The bonus is welcome and unexpected. 

Buying a bigger house seems like a great idea at the time. But 

down the road, he realizes that he can’t depend on getting a bonus 

every year and he finds himself unable to afford living in his new 

house. He, like this subcommittee, risks becoming overextended 

and unable to pay the bills. The difference is the homeowner goes 

bankrupt; the government just keeps on spending. 

It is human nature that we desire to create new programs, build 

new structures, and buy new land. Yet, no one worries about the 

future costs to maintain them. 

Over the years, this subcommittee has learned through good 

oversight that too little money can do real harm. The same is true 

for too much money. We believe the subcommittee should strive for 

balance. And that is precisely what the original subcommittee allocation achieved. 

We ought to provide enough money to allow the agencies to carry 

out their primary mission. We should focus on taking good care of 

what we presently have in the public trust. We have to give careful, thoughtful consideration before purchasing something new. 

Again, we must strive for balance. As this bill continues through 

the legislative process, we are hopeful that Chairman Dicks will be 

sensitive and responsive to this challenge. 

Many areas within this legislation have achieved balance. We applaud Chairman Dicks’ focus on the operating accounts within this 

bill. There has clearly been erosion in this area due in part to the 

absorption of pay and fixed costs over the years. 

However, we believe the subcommittee should move more cautiously in providing funds for new land acquisition and construction. While there are high priority needs in these areas, it is important that we focus on the core missions of these agencies and not 

become over-extended. The subcommittee risks creating a larger 

problem down the road by hastily expanding current areas that we 

cannot oversee or creating new ones we cannot maintain. 

Many will recall that when Congress provided these agencies too 

much funding, too quickly, in the early to mid-1990’s, they lost 

focus. The result was huge backlogs, redundant programs, large 

unobligated balances (many of which still remain), and numerous 

operational shortfalls. Our job is to provide for core needs, be vigilant about oversight, and avoid the mistakes of the past. 

Needed attention to Park Service, Indian Country 

We recognize that Chairman Obey has a special place in his 

heart for the great open spaces in our country. And, we know that 

he appreciates the grandeur of our National Parks. We join the 

Chairman in supporting the $198 million increase in the Operations budget for the National Park Service. 

We are also pleased with the needed attention this bill provides 

to Native Americans. There are many unmet needs within Indian 

Country—in education, health care, law enforcement, methamphetamine treatment, and other areas—and this bill does a great deal 


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to address these priorities. We also believe it critically important 

to restore full funding for the Urban Indian Health Clinics—and

this bill does that. 

Items of concern 

While Chairman Dicks’ Committee mark is positive in many respects, we would be remiss if we didn’t outline several specific 

areas where we would have written this bill differently. 

The fire season is upon us once again and it is appropriate that 

this bill provides additional funding for wildfire preparedness at 

the Bureau of Land Management and U.S. Forest Service. Subcommittee hearings this year demonstrated that there is great interest—and great concern—over this ongoing wildfire challenge 

which is presently consuming almost 45 percent of the Forest Service budget. In light of the large subcommittee allocation, and the 

tremendous anticipated need during this fire season, we think the 

subcommittee could have done even more to address fire preparedness, particularly within the state fire assistance account. 

While reasonable people may disagree over the cause, there is 

clearly a need for more focused science on Climate Change. We believe Chairman Dicks would agree that our response to climate 

change must look at long-term solutions rather than simply trying 

to provide a quick fix. The USGS is the science agency for the Department of the Interior, and we believe they should manage any 

additional funds directed to address this issue for the Department. 

While we have the greatest respect for Chairman Dicks, we are 

concerned about including the Global Climate Change Sense of the 

Congress resolution in this bill. Our concern is based on the simple 

fact that it does not reflect the consensus opinion of the many climate change experts who testified before the subcommittee this 

year. It proposes conclusions and solutions to a problem that is not 

yet fully understood. Historically, mandatory market-based limits 

have not worked. 

We believe we need to make wise, science-based decisions rather 

than merely respond to the heated rhetoric of the day. As one agency scientist testified this year, our greatest need is to focus on the 

gaps in credible scientific information. Without understanding the 

complete scientific data, we will be unable to solve the problems 

created by climate change. And, it will create false hope, presenting 

bad solutions to the wrong problems. 

Securing our energy future 

America needs to secure its own sources of energy—be it from oil, 

natural gas, coal, nuclear, renewable, or other sources. A strong 

and vibrant economy, and the well-paying jobs that go along with 

it, is inextricably linked with reliable—and preferably inexpensive—energy sources. If we want to help businesses and the workers they employ to continue to build and strengthen our economy, 

we must provide them with the tools they need to pursue reliable 

sources of energy. We believe responsible use of our resources is 

precisely the right course to ensure that American workers and 

their employers in manufacturing and other industries have the energy sources necessary for future generations. 


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The approximately 43 million Outer-Continental Shelf (OCS) 

acres under lease generally account for about 20 percent of America’s domestic natural gas. To address the growing demand for domestic sources of natural gas, Mr. Peterson last year offered a common-sense amendment in full committee which was supported on 

a bipartisan basis. Republicans and Democrats alike agreed that 

the United States needed to lessen its dependence on foreign 

sources of natural gas. Unfortunately, that same amendment offered by Mr. Peterson in full committee this year was defeated on 

a largely party-line vote. 

In a 33–30 vote, the Committee also narrowly adopted an amendment offered by Mr. Hinchey that would delay or even prevent potential oil and gas leasing in Alaska’s North Aleutian OCS Planning Area. In spite of more than two years of scheduled environmental analysis by the Mineral Management Service, including an 

environmental impact statement based on the most current science, 

Committee Democrats chose to forego yet another opportunity to 

explore a potential domestic source of energy. At a time when most 

Americans are spending more than three dollars for a gallon of gas, 

this amendment strikes us as exceedingly shortsighted. Recent actions by Venezuelan President Hugo Chavez, who is using his country’s oil resources as a weapon against the United States, underscore our concern. 

In closing, while we have real policy differences and spending 

concerns relating to this legislation, it is our hope that between 

now and conference negotiations with the Senate later this year, 

we can address the most disconcerting issues and seek bipartisan 

consensus on a reasonable, sustainable subcommittee allocation. 

Our sincere desire is to work with Chairman Dicks to fashion a responsible, balanced conference report worthy of broad, bipartisan 

support.

JERRY LEWIS.

TODD TIAHRT.

Æ 


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