29–010

Calendar No. 720

108TH CONGRESS REPORT " SENATE ! 2d Session 108–361 

PILT AND REFUGE REVENUE SHARING PERMANENT 

FUNDING ACT 

SEPTEMBER 28, 2004.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 511] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 511) to provide permanent funding for the Payment In Lieu of Taxes program, and for other purposes, having 

considered the same, reports favorably thereon with an amendment 

and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following:

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘PILT and Refuge Revenue Sharing Permanent 

Funding Act’’. 

SEC. 2. PERMANENT FUNDING. 

(a) PAYMENTS IN LIEU OF TAXES.—

(1) IN GENERAL.—Section 6906 of title 31, United States Code, is amended to 

read as follows: 

‘‘§ 6906. Funding 

‘‘For fiscal year 2005 and each fiscal year thereafter, amounts authorized under 

this chapter shall be made available to the Secretary of the Interior, without further 

appropriation, for obligation or expenditure in accordance with this chapter.’’. 

(2) CONFORMING AMENDMENT.—The table of sections for chapter 69 of title 31, 

United States Code, is amended by striking the item relating to section 6906 

and inserting the following:

‘‘6906. Funding.’’.

(b) REFUGE REVENUE SHARING.—Section 401(d) of the Act of June 15, 1935 (16 

U.S.C. 715s(d)) is amended—

(1) by striking ‘‘If the net receipts’’ and inserting the following: 

‘‘(1) If the net receipts’’; and 

(2) by adding at the end the following: 

2

‘‘(2) For fiscal year 2005 and each fiscal year thereafter, the amount made available under paragraph (1) shall be made available to the Secretary, without further 

appropriation, for obligation or expenditure in accordance with this section.’’.

PURPOSE OF THE MEASURE

The purpose of S. 511 is to is to amend the Payments in Lieu 

of Taxes (PILT) Act and the Refuge Revenue Sharing Act to provide for the authorized amounts for both programs to be made 

available annually to the Secretary of the Interior without the need 

for further appropriation. 

BACKGROUND AND NEED

The Payments in Lieu of Taxes Act (31 U.S.C. 6901 et seq.) authorizes the Secretary of the Interior to make annual payments to 

units of general local government (usually counties) in which entitlement lands are located. The PILT Act defines entitlement lands 

to include Federal lands administered by the Forest Service, the 

Bureau of Land Management and National Park Service; National 

Wildlife Refuges created from the public domain; lands dedicated 

for Federal water resource development projects; and certain local 

areas specifically identified in the Act. 

The purpose of the PILT program is to partially compensate local 

governments for the loss of property taxes as a result of the nontaxable Federal lands located within their boundaries. The PILT 

Act uses a formula to determine the amount of compensation factoring in Federal acreage, local population, and receipt-sharing 

payments. In 1994, Congress amended the formula and increased 

the authorized payments. Historically, appropriations have been 

far less than the authorized amount, although they have increased 

significantly in recent years. 

The Refuge Revenue Sharing Fund was established in 1935 to 

provide revenue sharing to units of local government that contain 

national wildlife refuges. Under the Refuge Revenue Sharing Act 

(16 U.S.C. 715s), local governments receive either 25 percent of the 

net receipts generated from refuge lands, 3⁄4 of 1 percent of adjusted purchase price of refuge lands, or 75 cents an acre for purchased lands, whichever is greater. Under the 1976 amendments to 

the Act, the program was expanded to include all lands administered by the Fish and Wildlife Service (not just refuge lands) and 

authorization was provided for additional appropriations to supplement payments, if refuge revenues fell below the authorized payment level. Like the PILT program, annual payments to local governments now fall far below the authorized level. For FY 2001 the 

estimated authorized level was approximately $32 million, while 

receipts accounted for $4.3 million and another $11.4 was appropriated. 

S. 511 would eliminate the need for annual appropriations, while 

providing local governments with more certainty in budgeting for 

annual revenues from the PILT and refuge revenue sharing programs. 

LEGISLATIVE HISTORY

S. 511 was introduced by Senator Bingaman on March 4, 2003 

for himself and Senators Baucus, Ensign, Feinstein, Leahy, Reid, 

3

and Wyden. The Subcommittee on Public Lands and Forests held 

a hearing on September 11, 2003. During the 107th Congress, a 

similar bill, S. 454, sponsored by Senator Bingaman and nine other 

Senator was heard in the Subcommittee on Public Lands and Forests on May 9, 2002 and favorably reported from the Energy and 

Natural Resources Committee on June 5, 2002. The Committee on 

Energy and Natural Resources ordered S. 511 to be favorably reported, as amended, at its business meeting on September 15, 

2004. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on September 15, 2004, by a unanimous 

voice vote, of a quorum present, recommends that the Senate pass 

S. 511, if amended as described herein. 

COMMITTEE AMENDMENTS

The amendment adopted by the Committee eliminated section 2 

of S. 511 (as introduced) and reordered subsequent sections as 

needed. The amendment eliminated the funding formula provision, 

but retained the mandatory funding provisions for both PILT and 

the U.S. Fish & Wildlife Refuge Revenue sharing payments. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title. 

Section 2 amends the Payment in Lieu of Taxes Act and The Refuge Revenue Sharing Act to make authorized amounts available to 

the Secretary of the Interior without further appropriations for obligation or expenditure in accordance with the respective Acts, beginning in fiscal year 2005. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office.

S. 511—PILT and Refuge Revenue-Sharing Permanent Funding Act 

Summary: 

S. 511 would provide new direct spending authority for the Secretary of the Interior to make payments to states and counties 

under the payment in lieu of taxes (PILT) program and the refuge 

revenue-sharing program. CBO estimates that enacting S. 511 

would increase direct spending by $376 million in 2005, by about 

$2 billion over the 2005–2009 period, and by about $4.2 billion over 

the 2005–2014 period. Enacting the bill would not affect revenues. 

By making PILT and refuge revenue-sharing payments fully 

available without further appropriation action, S. 511 could lead to 

savings in discretionary spending. Assuming that annual appropriations are reduced accordingly, CBO estimates that discretionary spending could be reduced by $243 million in fiscal year 

2005 and about $1.3 billion over the 2005–2009 period. 

S. 511 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or tribal governments. EnactVerDate jul 14 2003 15:36 Sep 29, 2004 Jkt 029010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR361.XXX SR361
4

ing this legislation probably would benefit local governments that 

receive payments under these two programs. 

Estimated Cost to the Federal Government: 

For this estimate, CBO assumes that S. 511 will be enacted near 

the start of fiscal year 2005. The estimated budgetary impact of S. 

511 is shown in the following table. The costs of this legislation fall 

within budget function 800 (general government).

By fiscal year, in millions of dollars—

2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 

DIRECT SPENDING

Mandatory Spending 

Under Current Law 

for PILT and Refuge 

Revenue Sharing: 1

Estimated Budget 

Authority .......... 6 6 6 6 6 6 6 6 6 6 6 

Estimated Outlays 6 6 6 6 6 6 6 6 6 6 6 

Proposed Changes: 

PILT: 

Estimated 

Budget 

Authority 0 337 342 348 354 360 367 373 380 387 394 

Estimated 

Outlays ... 0 337 342 348 354 360 367 373 380 387 394 

Refuge Revenue 

Sharing: 

Estimated 

Budget 

Authority 0 39 41 44 47 51 54 58 62 66 71 

Estimated 

Outlays ... 0 39 41 44 47 51 54 58 62 66 71 

Total Changes: 

Estimated 

Budget 

Authority 0 376 383 392 401 411 421 431 442 453 465 

Estimated 

Outlays ... 0 376 383 392 401 411 421 431 442 453 465 

Mandatory Spending 

Under S. 511 for PILT 

and Refuge Revenue 

Sharing: 

Estimated Budget 

Authority 1 ........ 6 382 389 398 407 417 427 437 448 459 471 

Estimated Outlays 6 382 389 398 407 417 427 437 448 459 471

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 2

Estimated Authorization 

Level ......................... 0 ¥243 ¥247 ¥250 ¥255 ¥259 ¥263 ¥269 ¥273 ¥278 ¥284

Estimated Outlays ........ 0 ¥243 ¥247 ¥250 ¥255 ¥259 ¥263 ¥269 ¥273 ¥278 ¥284 

1 Includes the estimated mandatory portion of annual funding for refuge revenue-sharing payments under current law. 

2 The changes in spending subject to appropriation represent discretionary savings that could occur under S. 511 beginning in 2005, when 

all PILT and refuge revenue-sharing payments would become mandatory spending. A total of $239 million was appropriated for these payments in 2004, including $225 million for PILT and $14 million for refuge revenue sharing. 

Basis of estimate: CBO estimates that enacting S. 511 would increase direct spending for PILT and refuge revenue-sharing payments by $376 million in 2005 and about $4.2 billion over the 

2005–2014 period. Enacting this legislation would reduce the need 

for future appropriations for these programs, but any resulting savings would depend on future appropriation actions.

5

Permanent funding for PILT 

PILT is a payment program that compensates local governments 

for losses in their tax bases due to the presence of certain federal 

lands within their jurisdictions, which are exempt from state and 

local taxation. The Department of the Interior (DOI) calculates the 

PILT payment authorized for each local jurisdiction based on population, the number of federal acres present, and other federal payments received by the jurisdiction. S. 511 would provide permanent 

funding for PILT payments, which, under current law, are subject 

to appropriation. According to DOI, the full authorization level for 

PILT payments in fiscal year 2004 is $331 million. (However, only 

$225 million was appropriated for those payments.) CBO estimates 

that providing full funding for future PILT payments would increase direct spending by $337 million in 2005, about $1.7 billion 

over the 2005–2009 period, and about $3.6 billion over the next 10 

years. 

Refuge revenue-sharing payments 

The Refuge Revenue Sharing Act authorizes the U.S. Fish and 

Wildlife Service (USFWS) to make payments to counties where national wildlife refuges and other USFWS-administered land is located. Generally, the authorized level of such payments for each 

county is equal to the greater of: (1) $0.75 per acre of USFWS land 

located in the county, (2) 25 percent of net offsetting receipts (if 

any) earned from commercial activities on such land, or (3) threefourths of one percent of the land’s fair market value. The annual 

payments are funded by a combination of direct spending authority 

and discretionary appropriations. 

Over the last 20 years, refuge revenue-sharing payments have 

been less than the authorized level, and each county’s payment has 

been reduced proportionately. Beginning in fiscal year 2005, S. 511 

would make available, without further appropriation, the entire 

amount necessary to fund all payments to counties at the authorized level. CBO estimates that the bill would increase direct spending by $39 million in 2005, $222 million over the 2005–2009 period, and $533 million over the next 10 years. 

Spending subject to appropriation 

By making PILT and refuge revenue-sharing payments fully 

available without further appropriation action, S. 511 would reduce 

the need for future appropriations for these programs. Assuming 

that annual appropriations are reduced accordingly, CBO estimates 

that discretionary spending could be reduced by $243 million in fiscal year 2005 and about $1.3 billion over the 2005–2009 period. 

Those potential savings in spending subject to appropriation are 

less than the estimated increase in direct spending under S. 511 

because, in recent years, appropriations for PILT and refuge revenue-sharing payments have been less than the full amounts authorized for such payments. As a result, CBO’s baseline for PILT 

and refuge revenue-sharing payments assumes that, under current 

law, appropriations would continue to fall short of authorized levels 

of payments. 

Intergovernmental and private-sector impact: S. 454 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

6

Enacting this legislation probably would benefit local governments 

that receive payments under these two programs. 

Estimate prepared by: Federal Costs: Megan Carroll and Deborah Reis; Impact on State, Local, and Tribal Governments: Marjorie Miller; and Impact on the Private Sector: Jean Talarico. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 511. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 511.

EXECUTIVE COMMUNICATIONS

On September 11, 2003, the Committee on Energy and Natural 

Resources requested legislative reports from the Department of the 

Interior and the Office of Management and Budget setting forth 

Executive agency recommendations on S. 511. These reports had 

not been received when this report was filed. The testimony provided by the Department of the Interior at the Subcommittee hearing on S. 511 follows:

STATEMENT OF CHRIS KEARNEY, DEPUTY ASSISTANT SEC- RETARY FOR POLICY AND INTERNATIONAL AFFAIRS, DE- PARTMENT OF THE INTERIOR

Mr. Chairman and members of the Committee, I am 

pleased to have the opportunity to testify today on S. 511, 

a bill to make the Bureau of Land Management’s (BLM) 

Payments-in-Lieu of Taxes (PILT) Program and the U.S. 

Fish and Wildlife Service’s (FWS) Refuge Revenue Sharing 

(RRS) Program mandatory. A hearing on PILT took place 

last year on May 9, 2002, before this Subcommittee. Our 

position on this bill remains unchanged. The Administration strongly supports the PILT and RRS programs and 

views them as high priorities, but the Administration is 

strongly opposed to S. 511 because it would force the Federal Government to either raise taxes or cut into other programs that are integral to the President’s budget and important for the American people. 

BACKGROUND

The PILT Act (P.L. 94–565) was passed by Congress in 

1976 to provide payments to local governments in counties 

where certain Federal lands are located within their 

boundaries. PILT is based on the concept that these local 

governments incur costs associated with maintaining infraVerDate jul 14 2003 15:36 Sep 29, 2004 Jkt 029010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR361.XXX SR361
7

structure on Federal lands within their boundaries but are 

unable to collect taxes on these lands; thus, they need to 

be compensated for these losses in tax revenues. The payments are made to local governments in lieu of tax revenues and to supplement other Federal land receipts shared 

with local governments. The amounts available for payments to local governments require annual appropriation 

by Congress. In the past, the BLM has allocated payments 

according to the formula in the PILT Act. The formula 

takes into account the population within an affected unit 

of local government, the number of acres of eligible Federal land, and the amount of certain Federal land payments received by the county in the preceding year. These 

payments are other Federal revenues (such as receipts 

from mineral leasing, livestock grazing, and timber harvesting) that the Federal Government transfers to the 

counties. In recognition of the fact that this program is 

multi-bureau in nature, beginning in FY 2004, funding 

and management of PILT will be administered at the Department level. 

The President’s FY 2004 budget request demonstrates 

our commitment to PILT. The Administration requested 

$165 million in FY 2003 for PILT, and $200 million in FY 

2004, an increase of $35 million. Furthermore, while the 

total amount requested for all programs by the Department for FY 2004 represents a 3.3 percent increase from 

the prior year, the request for PILT is more than 21 percent over last year’s request for this important program, 

reflecting our continued commitment and obligation to the 

PILT program even in the context of other significant 

budget priorities. While we recognize the importance of the 

PILT program, it should not be viewed in isolation from 

other departmental and Federal programs that bring or 

will bring benefits to counties in the future. Examples include funding provided for rural fire assistance and our efforts to work with Gateway Communities to increase tourism opportunities. 

This year, some counties received slightly reduced PILT 

payments to adjust for increased revenue received during 

the previous fiscal year under the Secure Rural Schools 

and Community Self-Determination Act. This Act provides 

payments to compensate certain counties for declining timber receipts. The combination of PILT payments and payments under the Secure Rural Schools Act, however, will 

result in a higher overall payment to affected counties. 

RRS (16 U.S.C. 715s), as amended, was enacted in 1935. 

It authorizes payments to be made to offset tax losses to 

counties in which the FWS fee and withdrawn public domain lands are located. The original Act provided for 25 

percent of the net receipts from revenues from the sale or 

other disposition of products on refuge lands to be paid to 

counties. The Act was amended in 1964 to make it more 

like the PILT program. The new provisions distinguished 

between acquired lands that are purchased by the FWS 

and lands that are withdrawn from the public domain for 

8

administration by the FWS. For fee lands, the counties received 3⁄4 of 1 percent of the adjusted value of the land or 

25 percent of the net receipts, whichever was greater, with 

the value of the land to be reappraised every 5 years. They 

continued to receive 25 percent of the net receipts collected 

on the withdrawn public domain lands in their county. 

The RRS was amended again in 1978 in order to provide 

payments that better reflected market land values to counties with land administered by the FWS within their 

boundaries. The method used to determine the adjusted 

cost of the land acquired during the depression years of 

the 1930s (using agricultural land indices) resulted in continuing low land values compared to the land prices that 

existed in 1978. Also, other lands that were purchased 

during periods of inflated land values were found to be 

overvalued. The Congress decided that the payments did 

not adequately reflect current tax values of the property. 

It also recognized that national wildlife refuges are established first and foremost for the protection and enhancement of wildlife and that many produce little or no income 

that could be shared with the local county. 

In the 1978 amendments, Congress chose to distinguish 

between lands acquired in fee and lands withdrawn from 

the public domain, by recognizing that the financial impact 

on counties tends to be greater when lands are directly 

withdrawn from the tax rolls, rather than when the refuge 

unit is created out of the public domain and has never 

been subject to a property tax. The formula adopted then, 

and still in effect, allows the FWS to pay counties containing lands acquired in fee the greater of: 75 cents per 

acre, 3⁄4 of 1 percent of the fair market value of the land, 

or 25 percent of the net receipts collected from the area. 

If receipts are insufficient to satisfy these payments, appropriations are authorized to make up the difference.

Counties can use funds for any government purpose and 

pass through the funds to lesser units of local government 

within the county that experience a reduction of real property taxes as a result of the existence of FWS fee lands 

within their boundaries. Counties with FWS lands that are 

withdrawn from the public domain continue to receive 25 

percent of the receipts collected from the area and are paid 

under the provisions of the PILT Act. 

Section 2 would amend the funding formula for PILT 

found in 31 U.S.C. 6903(c)(2) by replacing the present limitation of ‘‘$135.07 times the population’’ with ‘‘$265.68 

times the population’’ and amending the table at the end 

of the section to reflect corresponding increased or deceased amounts for each population level. The Administration appreciates the bill’s intent to help compensate those 

counties with high public land acreage and low population. 

Given the complexity of the PILT formula and the intent 

of the program to compensate counties for the inability to 

collect property taxes on Federal lands, we must be careful 

to ensure that the compensation formula compensates 

counties fairly and does not result in counties actually reVerDate jul 14 2003 15:36 Sep 29, 2004 Jkt 029010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6969 E:\HR\OC\SR361.XXX SR361
9

ceiving payments that are substantially different than 

they otherwise would receive in order to achieve tax 

equivalency. Accordingly, we need to further examine this 

issue to determine the effect of increasing the population 

multiplier value over all counties collectively. We are also 

concerned that this proposed change would increase overall PILT authorization levels significantly, thereby increasing the cost of the bill even further. Again, this counsels 

in favor of a more systematic evaluation of how to address 

issues with the PILT formula within the current authorization levels. 

We continue to engage in discussions with the National 

Association of Counties concerning issues associated with 

the allocation formula and we believe those issues should 

be addressed before considering such a significant action 

as converting these payments to permanent mandatory 

payments, or making any changes to the formula. I would 

like to note that many of the same concerns we have previously expressed regarding PILT funding hold true for 

RRS funding as well. 

Although the Administration supports the purpose of S. 

511, we must oppose it for the same reasons that we opposed a similar bill last year in the 107th Congress. We 

support protections for local governments against the loss 

of property tax revenue when private lands are acquired 

by a Federal agency. However, the Administration is 

strongly opposed to creating a new mandatory spending 

category to fund the PILT program because it would force 

the Federal government either to raise taxes or cut into 

other programs that are integral to the President’s budget 

and important to the American public. 

CONCLUSION

The Administration recognizes that PILT and RRS payments are important to local governments, sometimes comprising a significant portion of their operating budgets. 

The PILT and RRS monies have been used for critical 

functions such as local search and rescue operations, road 

maintenance, law enforcement, schools, and emergency 

services. These expenditures often support the activities of 

people from around the country who visit or recreate on 

Federal lands. The Department looks forward to continuing to work cooperatively with the communities on 

these important issues. 

Mr. Chairman, this concludes my prepared statement. I 

would be pleased to answer any questions that you or the 

other members may have.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 511, as ordered reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

10

italic, existing law in which no change is proposed is shown in 

roman): 

31 U.S.C. Sec. 6906 

TITLE 31—MONEY AND FINANCE 

Subtitle V—General Assistance Administration 

CHAPTER 69—PAYMENT FOR ENTITLEMENT LAND 

SEC. 6906. AUTHORIZATION OF APPROPRIATIONS. 

øNecessary amounts may be appropriated to the Secretary of the 

Interior to carry out this chapter. Amounts are available only as 

provided in appropriation laws.¿ For fiscal year 2005 and each fiscal year thereafter, amounts authorized under this chapter shall be 

made available to the Secretary of the Interior, without further appropriation, for obligation or expenditure in accordance with this 

chapter.

16 U.S.C. 715

AN ACT 

To amend the Migratory Bird Hunting Stamp Act of March 16, 

1934, and certain other Acts relating to game and other wildlife, 

administered by the Department of Agriculture, and for other purposes 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

TITLE I—MIGRATORY BIRD HUNTING STAMP 

* * * * * * *

TITLE IV—PARTICIPATION OF STATES IN 

REVENUE FROM CERTAIN WILDLIFE REFUGES 

* * * * * * *

‘‘SEC. 401. (a) Beginning with the next full fiscal year and for 

each fiscal year thereafter, all revenues received by the Secretary 

of the Interior from the sale or other disposition of animals, timber, 

hay, grass, or other products of the soil, minerals, shells, sand, or 

gravel, from other privileges, or from leases for public accommodations or facilities incidental to but not in conflict with the basic 

purposes for which those areas of the National Wildlife Refuge System were established, during each fiscal year in connection with 

the operation and management of those areas of the National Wildlife Refuge System that are solely or primarily administered by 

him, through the United States Fish and Wildlife Service, shall be 

covered into the United States Treasury and be reserved in a separate fund for disposition as hereafter prescribed. Amounts in the 

fund shall remain available until expended, and may be expended 

by the Secretary without further appropriation in the manner hereafter prescribed. The National Wildlife Refuge System (hereafter 

11

referred to as the ‘‘System’’) includes those lands and waters administered by the Secretary as wildlife refuges, wildlife ranges, 

game ranges, wildlife management areas, and waterfowl production 

areas established under any law, proclamation, Executive, or public 

land order. 

* * * * * * *

(d) Authorization of appropriations equal to difference between 

amount of net receipts and aggregate amount of required payments: 

øIf the net receipts¿ (1) If the net receipts in the fund which 

are attributable to revenue collections for any fiscal year do not 

equal the aggregate amount of payments required to be made 

for such fiscal year under subsection (c) of this section to counties, there are authorized to be appropriated to the fund an 

amount equal to the difference between the total amount of net 

receipts and such aggregate amount of payments. 

(2) For fiscal year 2005 and each fiscal year thereafter, the 

amount made available under paragraph (1) shall be made 

available to the Secretary, without further appropriation, for 

obligation or expenditure in accordance with this section.

Æ