PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 499

Public Law 109–54

109th Congress

An Act

Making appropriations for the Department of the Interior, environment, and related

agencies for the fiscal year ending September 30, 2006, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for the Department of the Interior,

environment, and related agencies for the fiscal year ending September 30, 2006, and for other purposes, namely:

TITLE I—DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement,

development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance

of other functions, including maintenance of facilities, as authorized

by law, in the management of lands and their resources under

the jurisdiction of the Bureau of Land Management, including the

general administration of the Bureau, and assessment of mineral

potential of public lands pursuant to Public Law 96–487 (16 U.S.C.

3150(a)), $860,791,000, to remain available until expended, of which

$1,250,000 is for high priority projects, to be carried out by the

Youth Conservation Corps; and of which $3,000,000 shall be available in fiscal year 2006 subject to a match by at least an equal

amount by the National Fish and Wildlife Foundation for costshared projects supporting conservation of Bureau lands; and such

funds shall be advanced to the Foundation as a lump sum grant

without regard to when expenses are incurred.

In addition, $32,696,000 is for Mining Law Administration program operations, including the cost of administering the mining

claim fee program; to remain available until expended, to be reduced

by amounts collected by the Bureau and credited to this appropriation from annual mining claim fees so as to result in a final

appropriation estimated at not more than $860,791,000, and

$2,000,000, to remain available until expended, from communication

site rental fees established by the Bureau for the cost of administering communication site activities.

Department of

the Interior,

Environment,

and Related

Agencies

Appropriations

Act, 2006.

Aug. 2, 2005

[H.R. 2361]

119 STAT. 500 PUBLIC LAW 109–54—AUG. 2, 2005

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department

of the Interior, $766,564,000, to remain available until expended,

of which not to exceed $7,849,000 shall be for the renovation or

construction of fire facilities: Provided, That such funds are also

available for repayment of advances to other appropriation accounts

from which funds were previously transferred for such purposes:

Provided further, That persons hired pursuant to 43 U.S.C. 1469

may be furnished subsistence and lodging without cost from funds

available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office

of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property,

may be credited to the appropriation from which funds were

expended to provide that protection, and are available without

fiscal year limitation: Provided further, That using the amounts

designated under this title of this Act, the Secretary of the Interior

may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training

and monitoring associated with such hazardous fuels reduction

activities, on Federal land, or on adjacent non-Federal land for

activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between

the Federal Government and any non-Federal entity may be shared,

as mutually agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among:

(1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews or related partnerships with State, local,

or non-profit youth groups; (3) small or micro-businesses; or (4)

other entities that will hire or train locally a significant percentage,

defined as 50 percent or more, of the project workforce to complete

such contracts: Provided further, That in implementing this section,

the Secretary shall develop written guidance to field units to ensure

accountability and consistent application of the authorities provided

herein: Provided further, That funds appropriated under this head

may be used to reimburse the United States Fish and Wildlife

Service and the National Marine Fisheries Service for the costs

of carrying out their responsibilities under the Endangered Species

Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,

as required by section 7 of such Act, in connection with wildland

fire management activities: Provided further, That the Secretary

of the Interior may use wildland fire appropriations to enter into

non-competitive sole source leases of real property with local governments, at or below fair market value, to construct capitalized

improvements for fire facilities on such leased properties, including

but not limited to fire guard stations, retardant stations, and other

initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated

with the lease: Provided further, That the Secretary of the Interior

and the Secretary of Agriculture may authorize the transfer of

funds appropriated for wildland fire management, in an aggregate

Guidelines.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 501

amount not to exceed $9,000,000, between the Departments when

such transfers would facilitate and expedite jointly funded wildland

fire management programs and projects: Provided further, That

funds provided for wildfire suppression shall be available for support

of Federal emergency response actions.

CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $11,926,000, to remain available until

expended.

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and

318(d) of Public Law 94–579, including administrative expenses

and acquisition of lands or waters, or interests therein, $8,750,000,

to be derived from the Land and Water Conservation Fund and

to remain available until expended.

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and

development of resources and for construction, operation, and

maintenance of access roads, reforestation, and other improvements

on the revested Oregon and California Railroad grant lands, on

other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of

lands or interests therein, including existing connecting roads on

or adjacent to such grant lands; $110,070,000, to remain available

until expended: Provided, That 25 percent of the aggregate of all

receipts during the current fiscal year from the revested Oregon

and California Railroad grant lands is hereby made a charge against

the Oregon and California land-grant fund and shall be transferred

to the General Fund in the Treasury in accordance with the second

paragraph of subsection (b) of title II of the Act of August 28,

1937 (50 Stat. 876).

FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

(REVOLVING FUND, SPECIAL ACCOUNT)

In addition to the purposes authorized in Public Law 102–

381, funds made available in the Forest Ecosystem Health and

Recovery Fund can be used for the purpose of planning, preparing,

implementing and monitoring salvage timber sales and forest ecosystem health and recovery activities, such as release from competing vegetation and density control treatments. The Federal share

of receipts (defined as the portion of salvage timber receipts not

paid to the counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–

1 et seq., and Public Law 106–393) derived from treatments funded

by this account shall be deposited into the Forest Ecosystem Health

and Recovery Fund.

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and

interests therein, and improvement of Federal rangelands pursuant

to section 401 of the Federal Land Policy and Management Act

of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums

119 STAT. 502 PUBLIC LAW 109–54—AUG. 2, 2005

equal to 50 percent of all moneys received during the prior fiscal

year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.

315 et seq.) and the amount designated for range improvements

from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant

to law, but not less than $10,000,000, to remain available until

expended: Provided, That not to exceed $600,000 shall be available

for administrative expenses.

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and

disposal of public lands and resources, for costs of providing copies

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use

authorizations, and for rehabilitation of damaged property, such

amounts as may be collected under Public Law 94–579, as amended,

and Public Law 93–153, to remain available until expended: Provided, That, notwithstanding any provision to the contrary of section

305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that

have been or will be received pursuant to that section, whether

as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.

1735(c)), shall be available and may be expended under the

authority of this Act by the Secretary to improve, protect, or

rehabilitate any public lands administered through the Bureau

of Land Management which have been damaged by the action

of a resource developer, purchaser, permittee, or any unauthorized

person, without regard to whether all moneys collected from each

such action are used on the exact lands damaged which led to

the action: Provided further, That any such moneys that are in

excess of amounts needed to repair damage to the exact land

for which funds were collected may be used to repair other damaged

public lands.

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under

existing laws, there is hereby appropriated such amounts as may

be contributed under section 307 of the Act of October 21, 1976

(43 U.S.C. 1701), and such amounts as may be advanced for

administrative costs, surveys, appraisals, and costs of making

conveyances of omitted lands under section 211(b) of that Act,

to remain available until expended.

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be

available for purchase, erection, and dismantlement of temporary

structures, and alteration and maintenance of necessary buildings

and appurtenant facilities to which the United States has title;

up to $100,000 for payments, at the discretion of the Secretary,

for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of

enforcement activities authorized or approved by the Secretary and

to be accounted for solely on her certificate, not to exceed $10,000:

Provided, That notwithstanding 44 U.S.C. 501, the Bureau may,

43 USC 1735

note.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 503

under cooperative cost-sharing and partnership arrangements

authorized by law, procure printing services from cooperators in

connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and

the Bureau determines the cooperator is capable of meeting accepted

quality standards.

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife

Service, as authorized by law, and for scientific and economic

studies, maintenance of the herd of long-horned cattle on the

Wichita Mountains Wildlife Refuge, general administration, and

for the performance of other authorized functions related to such

resources by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $1,008,880,000, to remain available until September 30, 2007,

except as otherwise provided herein: Provided, That $2,500,000

is for high priority projects, which shall be carried out by the

Youth Conservation Corps: Provided further, That not to exceed

$18,130,000 shall be used for implementing subsections (a), (b),

(c), and (e) of section 4 of the Endangered Species Act, as amended,

for species that are indigenous to the United States (except for

processing petitions, developing and issuing proposed and final

regulations, and taking any other steps to implement actions

described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which

not to exceed $12,852,000 shall be used for any activity regarding

the designation of critical habitat, pursuant to subsection (a)(3),

excluding litigation support, for species listed pursuant to subsection

(a)(1) prior to October 1, 2005: Provided further, That of the amount

available for law enforcement, up to $400,000, to remain available

until expended, may at the discretion of the Secretary be used

for payment for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and

emergency expenses of enforcement activity, authorized or approved

by the Secretary and to be accounted for solely on her certificate:

Provided further, That of the amount provided for environmental

contaminants, up to $1,000,000 may remain available until

expended for contaminant sample analyses.

CONSTRUCTION

For construction, improvement, acquisition, or removal of

buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein;

$45,891,000, to remain available until expended: Provided, That

funds made available under the 2005 Consolidated Appropriations

Act (Public Law 108–447) for the Chase Lake and Arrowwood

National Wildlife Refuges, North Dakota, shall be transferred to

North Dakota State University to complete planning and design

for a Joint Interpretive Center.

119 STAT. 504 PUBLIC LAW 109–54—AUG. 2, 2005

LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through

11), including administrative expenses, and for acquisition of land

or waters, or interest therein, in accordance with statutory authority

applicable to the United States Fish and Wildlife Service,

$28,408,000 to be derived from the Land and Water Conservation

Fund and to remain available until expended: Provided, That none

of the funds appropriated for specific land acquisition projects can

be used to pay for any administrative overhead, planning or other

management costs.

LANDOWNER INCENTIVE PROGRAM

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through

11), including administrative expenses, and for private conservation

efforts to be carried out on private lands, $24,000,000, to be derived

from the Land and Water Conservation Fund, and to remain available until expended: Provided, That the amount provided herein

is for a Landowner Incentive Program established by the Secretary

that provides matching, competitively awarded grants to States,

the District of Columbia, federally recognized Indian tribes, Puerto

Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, and American Samoa, to establish or supplement

existing landowner incentive programs that provide technical and

financial assistance, including habitat protection and restoration,

to private landowners for the protection and management of habitat

to benefit federally listed, proposed, candidate, or other at-risk

species on private lands.

PRIVATE STEWARDSHIP GRANTS

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through

11), including administrative expenses, and for private conservation

efforts to be carried out on private lands, $7,386,000, to be derived

from the Land and Water Conservation Fund, and to remain available until expended: Provided, That the amount provided herein

is for the Private Stewardship Grants Program established by the

Secretary to provide grants and other assistance to individuals

and groups engaged in private conservation efforts that benefit

federally listed, proposed, candidate, or other at-risk species.

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out section 6 of the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended,

$82,200,000, of which $20,161,000 is to be derived from the Cooperative Endangered Species Conservation Fund and $62,039,000 is

to be derived from the Land and Water Conservation Fund and

to remain available until expended.

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17,

1978 (16 U.S.C. 715s), $14,414,000.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 505

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North

American Wetlands Conservation Act, Public Law 101–233, as

amended, $40,000,000, to remain available until expended.

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For financial assistance for projects to promote the conservation

of neotropical migratory birds in accordance with the Neotropical

Migratory Bird Conservation Act, Public Law 106–247 (16 U.S.C.

6101–6109), $4,000,000, to remain available until expended.

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–

4245, and 1538), the Asian Elephant Conservation Act of 1997

(Public Law 105–96; 16 U.S.C. 4261–4266), the Rhinoceros and

Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), the Great

Ape Conservation Act of 2000 (16 U.S.C. 6301), and the Marine

Turtle Conservation Act of 2004 (Public Law 108–266; 16 U.S.C.

6601), $6,500,000, to remain available until expended.

STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District

of Columbia, Puerto Rico, Guam, the United States Virgin Islands,

the Northern Mariana Islands, American Samoa, and federally recognized Indian tribes under the provisions of the Fish and Wildlife

Act of 1956 and the Fish and Wildlife Coordination Act, for the

development and implementation of programs for the benefit of

wildlife and their habitat, including species that are not hunted

or fished, $68,500,000, to be derived from the Land and Water

Conservation Fund and to remain available until expended: Provided, That of the amount provided herein, $6,000,000 is for a

competitive grant program for Indian tribes not subject to the

remaining provisions of this appropriation: Provided further, That

the Secretary shall, after deducting said $6,000,000 and administrative expenses, apportion the amount provided herein in the following

manner: (1) to the District of Columbia and to the Commonwealth

of Puerto Rico, each a sum equal to not more than one-half of

1 percent thereof; and (2) to Guam, American Samoa, the United

States Virgin Islands, and the Commonwealth of the Northern

Mariana Islands, each a sum equal to not more than one-fourth

of 1 percent thereof: Provided further, That the Secretary shall

apportion the remaining amount in the following manner: (1) onethird of which is based on the ratio to which the land area of

such State bears to the total land area of all such States; and

(2) two-thirds of which is based on the ratio to which the population

of such State bears to the total population of all such States:

Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available

for apportionment under this paragraph for any fiscal year or

more than 5 percent of such amount: Provided further, That the

Federal share of planning grants shall not exceed 75 percent of

the total costs of such projects and the Federal share of implementation grants shall not exceed 50 percent of the total costs of such

119 STAT. 506 PUBLIC LAW 109–54—AUG. 2, 2005

projects: Provided further, That the non-Federal share of such

projects may not be derived from Federal grant programs: Provided

further, That no State, territory, or other jurisdiction shall receive

a grant unless it has developed, by October 1, 2005, a comprehensive

wildlife conservation plan, consistent with criteria established by

the Secretary of the Interior, that considers the broad range of

the State, territory, or other jurisdiction’s wildlife and associated

habitats, with appropriate priority placed on those species with

the greatest conservation need and taking into consideration the

relative level of funding available for the conservation of those

species: Provided further, That no State, territory, or other jurisdiction shall receive a grant if its comprehensive wildlife conservation

plan is disapproved and such funds that would have been distributed to such State, territory, or other jurisdiction shall be distributed equitably to States, territories, and other jurisdictions with

approved plans: Provided further, That any amount apportioned

in 2006 to any State, territory, or other jurisdiction that remains

unobligated as of September 30, 2007, shall be reapportioned,

together with funds appropriated in 2008, in the manner provided

herein: Provided further, That balances from amounts previously

appropriated under the heading ‘‘State Wildlife Grants’’ shall be

transferred to and merged with this appropriation and shall remain

available until expended.

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish

and Wildlife Service shall be available for purchase of passenger

motor vehicles; repair of damage to public roads within and adjacent

to reservation areas caused by operations of the Service; options

for the purchase of land at not to exceed $1 for each option;

facilities incident to such public recreational uses on conservation

areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities

under the jurisdiction of the Service and to which the United

States has title, and which are used pursuant to law in connection

with management, and investigation of fish and wildlife resources:

Provided, That notwithstanding 44 U.S.C. 501, the Service may,

under cooperative cost sharing and partnership arrangements

authorized by law, procure printing services from cooperators in

connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash

or services and the Service determines the cooperator is capable

of meeting accepted quality standards: Provided further, That, notwithstanding any other provision of law, the Service may use up

to $2,000,000 from funds provided for contracts for employmentrelated legal services: Provided further, That the Service may accept

donated aircraft as replacements for existing aircraft: Provided

further, That, notwithstanding any other provision of law, the Secretary of the Interior may not spend any of the funds appropriated

in this Act for the purchase of lands or interests in lands to

be used in the establishment of any new unit of the National

Wildlife Refuge System unless the purchase is approved in advance

by the House and Senate Committees on Appropriations in compliance with the reprogramming procedures contained in the statement

of the managers accompanying this Act.

Deadline.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 507

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and

maintenance of areas and facilities administered by the National

Park Service (including special road maintenance service to trucking

permittees on a reimbursable basis), and for the general administration of the National Park Service, $1,744,074,000, of which

$9,892,000 is for planning and interagency coordination in support

of Everglades restoration and shall remain available until expended;

of which $97,600,000, to remain available until September 30, 2007,

is for maintenance, repair or rehabilitation projects for constructed

assets, operation of the National Park Service automated facility

management software system, and comprehensive facility condition

assessments; and of which $2,000,000 is for the Youth Conservation

Corps for high priority projects: Provided, That the only funds

in this account which may be made available to support United

States Park Police are those funds approved for emergency law

and order incidents pursuant to established National Park Service

procedures, those funds needed to maintain and repair United

States Park Police administrative facilities, and those funds necessary to reimburse the United States Park Police account for

the unbudgeted overtime and travel costs associated with special

events for an amount not to exceed $10,000 per event subject

to the review and concurrence of the Washington headquarters

office.

UNITED STATES PARK POLICE

For expenses necessary to carry out the programs of the United

States Park Police, $81,411,000.

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs,

environmental compliance and review, international park affairs,

statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $54,965,000: Provided, That

none of the funds in this Act for the River, Trails and Conservation

Assistance program may be used for cash agreements, or for

cooperative agreements that are inconsistent with the program’s

final strategic plan.

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the Omnibus

Parks and Public Lands Management Act of 1996 (Public Law

104–333), $73,250,000, to be derived from the Historic Preservation

Fund and to remain available until September 30, 2007, of which

$30,000,000 shall be for Save America’s Treasures for preservation

of nationally significant sites, structures, and artifacts: Provided,

That not to exceed $5,000,000 of the amount provided for Save

America’s Treasures may be for Preserve America grants to States,

Tribes, and local communities for projects that preserve important

historic resources through the promotion of heritage tourism: Provided further, That any individual Save America’s Treasures or

119 STAT. 508 PUBLIC LAW 109–54—AUG. 2, 2005

Preserve America grant shall be matched by non-Federal funds:

Provided further, That individual projects shall only be eligible

for one grant: Provided further, That all projects to be funded

shall be approved by the Secretary of the Interior in consultation

with the House and Senate Committees on Appropriations, and

in consultation with the President’s Committee on the Arts and

Humanities prior to the commitment of Save America’s Treasures

grant funds and with the Advisory Council on Historic Preservation

prior to the commitment of Preserve America grant funds: Provided

further, That Save America’s Treasures funds allocated for Federal

projects, following approval, shall be available by transfer to appropriate accounts of individual agencies.

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For construction, improvements, repair or replacement of physical facilities, including the modifications authorized by section

104 of the Everglades National Park Protection and Expansion

Act of 1989, $301,291,000, to remain available until expended,

of which $17,000,000 for modified water deliveries to Everglades

National Park shall be derived by transfer from unobligated balances in the ‘‘Land Acquisition and State Assistance’’ account for

Everglades National Park land acquisitions, and of which $400,000

for the Mark Twain Boyhood Home National Historic Landmark

shall be derived from the Historic Preservation Fund pursuant

to 16 U.S.C. 470a: Provided, That none of the funds available

to the National Park Service may be used to plan, design, or

construct any partnership project with a total value in excess of

$5,000,000, without advance approval of the House and Senate

Committees on Appropriations: Provided further, That notwithstanding any other provision of law, the National Park Service

may not accept donations or services associated with the planning,

design, or construction of such new facilities without advance

approval of the House and Senate Committees on Appropriations:

Provided further, That funds provided under this heading for

implementation of modified water deliveries to Everglades National

Park shall be expended consistent with the requirements of the

fifth proviso under this heading in Public Law 108–108: Provided

further, That funds provided under this heading for implementation

of modified water deliveries to Everglades National Park shall

be available for obligation only if matching funds are appropriated

to the Army Corps of Engineers for the same purpose: Provided

further, That none of the funds provided under this heading for

implementation of modified water deliveries to Everglades National

Park shall be available for obligation if any of the funds appropriated to the Army Corps of Engineers for the purpose of implementing modified water deliveries, including finalizing detailed

engineering and design documents for a bridge or series of bridges

for the Tamiami Trail component of the project, becomes unavailable

for obligation: Provided further, That hereinafter notwithstanding

any other provision of law, procurements for the Mount Rainier

National Park Jackson Visitor Center replacement and the

rehabilitation of Paradise Inn and Annex may be issued which

include the full scope of the facility: Provided further, That the

solicitation and contract shall contain the clause ‘‘availability of

funds’’ found at 48 CFR 52.232.18: Provided further, That none

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 509

of the funds provided in this or any other Act may be used for

planning, design, or construction of any underground security

screening or visitor contact facility at the Washington Monument

until such facility has been approved in writing by the House

and Senate Committees on Appropriations.

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 2006 by 16

U.S.C. 460l–10a is rescinded.

LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11),

including administrative expenses, and for acquisition of lands or

waters, or interest therein, in accordance with the statutory

authority applicable to the National Park Service, $74,824,000,

to be derived from the Land and Water Conservation Fund and

to remain available until expended, of which $30,000,000 is for

the State assistance program including $1,587,000 for program

administration: Provided, That none of the funds provided for the

State assistance program may be used to establish a contingency

fund.

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available

for the purchase of not to exceed 245 passenger motor vehicles,

of which 199 shall be for replacement only, including not to exceed

193 for police-type use, 10 buses, and 8 ambulances: Provided,

That none of the funds appropriated to the National Park Service

may be used to implement an agreement for the redevelopment

of the southern end of Ellis Island until such agreement has been

submitted to the Congress and shall not be implemented prior

to the expiration of 30 calendar days (not including any day in

which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) from the

receipt by the Speaker of the House of Representatives and the

President of the Senate of a full and comprehensive report on

the development of the southern end of Ellis Island, including

the facts and circumstances relied upon in support of the proposed

project: Provided further, That in fiscal year 2006 and thereafter,

appropriations available to the National Park Service may be used

to maintain the following areas in Washington, District of Columbia:

Jackson Place, Madison Place, and Pennsylvania Avenue between

15th and 17th Streets, Northwest.

None of the funds in this Act may be spent by the National

Park Service for activities taken in direct response to the United

Nations Biodiversity Convention.

The National Park Service may distribute to operating units

based on the safety record of each unit the costs of programs

designed to improve workplace and employee safety, and to encourage employees receiving workers’ compensation benefits pursuant

to chapter 81 of title 5, United States Code, to return to appropriate

positions for which they are medically able.

Ellis Island.

Deadline.

Reports.

16 USC 460l–10a

note.

119 STAT. 510 PUBLIC LAW 109–54—AUG. 2, 2005

If the Secretary of the Interior considers the decision of any

value determination proceeding conducted under a National Park

Service concession contract issued prior to November 13, 1998,

to misinterpret or misapply relevant contractual requirements or

their underlying legal authority, the Secretary may seek, within

180 days of any such decision, the de novo review of the value

determination by the United States Court of Federal Claims, and

that court may make an order affirming, vacating, modifying or

correcting the determination.

In addition to other uses set forth in section 407(d) of Public

Law 105–391, franchise fees credited to a sub-account shall be

available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System

to extinguish or reduce liability for Possessory Interest or leasehold

surrender interest. Such funds may only be used for this purpose

to the extent that the benefiting unit anticipated franchise fee

receipts over the term of the contract at that unit exceed the

amount of funds used to extinguish or reduce liability. Franchise

fees at the benefiting unit shall be credited to the sub-account

of the originating unit over a period not to exceed the term of

a single contract at the benefiting unit, in the amount of funds

so expended to extinguish or reduce liability.

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water

resources of the United States, its territories and possessions, and

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify

lands as to their mineral and water resources; give engineering

supervision to power permittees and Federal Energy Regulatory

Commission licensees; administer the minerals exploration program

(30 U.S.C. 641); conduct inquiries into the economic conditions

affecting mining and materials processing industries (30 U.S.C.

3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the

foregoing activities; $976,035,000, of which $63,770,000 shall be

available only for cooperation with States or municipalities for

water resources investigations; of which $8,000,000 shall remain

available until expended for satellite operations; of which

$21,720,000 shall be available until September 30, 2007, for the

operation and maintenance of facilities and deferred maintenance;

of which $1,600,000 shall be available until expended for deferred

maintenance and capital improvement projects that exceed $100,000

in cost; and of which $177,485,000 shall be available until September 30, 2007, for the biological research activity and the operation of the Cooperative Research Units: Provided, That none of

the funds provided for the biological research activity shall be

used to conduct new surveys on private property, unless specifically

authorized in writing by the property owner: Provided further,

That no part of this appropriation shall be used to pay more

than one-half the cost of topographic mapping or water resources

data collection and investigations carried on in cooperation with

States and municipalities.

43 USC 50.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 511

ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the

United States Geological Survey such sums as are necessary shall

be available for the purchase and replacement of passenger motor

vehicles; reimbursement to the General Services Administration

for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical or other specialized

surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance

of necessary buildings and appurtenant facilities; acquisition of

lands for gauging stations and observation wells; expenses of the

United States National Committee on Geology; and payment of

compensation and expenses of persons on the rolls of the Survey

duly appointed to represent the United States in the negotiation

and administration of interstate compacts: Provided, That activities

funded by appropriations herein made may be accomplished through

the use of contracts, grants, or cooperative agreements as defined

in 31 U.S.C. 6302 et seq.: Provided further, That the United States

Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or

nonprofit organizations, without regard to 41 U.S.C. 5, for the

temporary or intermittent services of students or recent graduates,

who shall be considered employees for the purpose of chapters

57 and 81 of title 5, United States Code, relating to compensation

for travel and work injuries, and chapter 171 of title 28, United

States Code, relating to tort claims, but shall not be considered

to be Federal employees for any other purposes.

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, $153,651,000, of which $78,529,000

shall be available for royalty management activities; and an amount

not to exceed $122,730,000, to be credited to this appropriation

and to remain available until expended, from additions 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 $122,730,000 in addition to receipts are not realized

from the sources of receipts stated above, the amount needed to

reach $122,730,000 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, 2007: 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,

119 STAT. 512 PUBLIC LAW 109–54—AUG. 2, 2005

That notwithstanding any other provision 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 in fiscal year 2006

and thereafter, the 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 program is equal

to or greater than royalty income recognized under a comparable

royalty-in-value program.

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title

IV, sections 4202 and 4303, title VII, and title VIII, section 8201

of the Oil Pollution Act of 1990, $7,006,000, which shall be derived

from the Oil Spill Liability Trust Fund, to remain available until

expended.

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law

95–87, as amended, including the purchase of not to exceed 10

passenger motor vehicles, for replacement only; $110,435,000: Provided, That the Secretary of the Interior, pursuant to regulations,

may use directly or through grants to States, moneys collected

in fiscal year 2006 for civil penalties assessed under section 518

of the Surface Mining Control and Reclamation Act of 1977 (30

U.S.C. 1268), to reclaim lands adversely affected by coal mining

practices after August 3, 1977, to remain available until expended:

Provided further, That appropriations for the Office of Surface

Mining Reclamation and Enforcement may provide for the travel

and per diem expenses of State and tribal personnel attending

Office of Surface Mining Reclamation and Enforcement sponsored

training.

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface

Mining Control and Reclamation Act of 1977, Public Law 95–87,

as amended, including the purchase of not more than 10 passenger

motor vehicles for replacement only, $188,014,000, to be derived

from receipts of the Abandoned Mine Reclamation Fund and to

remain available until expended; of which up to $10,000,000, to

be derived from the Federal Expenses Share of the Fund, shall

30 USC 1211

note.

30 USC 1758.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 513

be for supplemental grants to States for the reclamation of abandoned sites with acid mine rock drainage from coal mines, and

for associated activities, through the Appalachian Clean Streams

Initiative: Provided, That grants to minimum program States will be $1,500,000 per State in fiscal year 2006: Provided further, That

pursuant to Public Law 97–365, the Department of the Interior

is authorized to use up to 20 percent from the recovery of the

delinquent debt owed to the United States Government to pay

for contracts to collect these debts: Provided further, That funds

made available under title IV of Public Law 95–87 may be used

for any required non-Federal share of the cost of projects funded

by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage

from abandoned mines: Provided further, That such projects must

be consistent with the purposes and priorities of the Surface Mining

Control and Reclamation Act: Provided further, That amounts allocated under section 402(g)(2) of the Surface Mining Control and

Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) as of September

30, 2005, but not appropriated as of that date, are reallocated

to the allocation established in section 402(g)(3) of the Surface

Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(3)):

Provided further, That the State of Maryland may set aside the

greater of $1,000,000 or 10 percent of the total of the grants made

available to the State under title IV of the Surface Mining Control

and Reclamation Act of 1977, as amended (30 U.S.C. 1231 et

seq.), if the amount set aside is deposited in an acid mine drainage

abatement and treatment fund established under a State law,

pursuant to which law the amount (together with all interest earned

on the amount) is expended by the State to undertake acid mine

drainage abatement and treatment projects, except that before any

amounts greater than 10 percent of its title IV grants are deposited

in an acid mine drainage abatement and treatment fund, the State

of Maryland must first complete all Surface Mining Control and

Reclamation Act priority one projects: Provided further, That

amounts provided under this heading may be used for the travel

and per diem expenses of State and tribal personnel attending

Office of Surface Mining Reclamation and Enforcement sponsored

training.

ADMINISTRATIVE PROVISION

With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer

title for computer hardware, software and other technical equipment

to State and Tribal regulatory and reclamation programs.

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For expenses necessary for the operation of Indian programs,

as authorized by law, including the Snyder Act of November 2,

1921 (25 U.S.C. 13), the Indian Self-Determination and Education

Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the

Education Amendments of 1978 (25 U.S.C. 2001–2019), and the

Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),

as amended, $1,991,490,000, to remain available until September

30, 2007 except as otherwise provided herein, of which not to

119 STAT. 514 PUBLIC LAW 109–54—AUG. 2, 2005

exceed $86,462,000 shall be for welfare assistance payments and

notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended,

not to exceed $134,609,000 shall be available for payments to tribes

and tribal organizations for contract support costs associated with

ongoing contracts, grants, compacts, or annual funding agreements

entered into with the Bureau prior to or during fiscal year 2006,

as authorized by such Act, except that tribes and tribal organizations may use their tribal priority allocations for unmet indirect

contract support costs of ongoing contracts, grants, or compacts,

or annual funding agreements and for unmet welfare assistance

costs; and of which not to exceed $464,585,000 for school operations

costs of Bureau-funded schools and other education programs shall

become available on July 1, 2006, and shall remain available until

September 30, 2007; and of which not to exceed $61,667,000 shall

remain available until expended for housing improvement, road

maintenance, attorney fees, litigation support, the Indian SelfDetermination Fund, land records improvement, and the NavajoHopi Settlement Program: Provided, That notwithstanding any

other provision of law, including but not limited to the Indian

Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008,

not to exceed $44,718,000 within and only from such amounts

made available for school operations shall be available to tribes

and tribal organizations for administrative cost grants associated

with ongoing grants entered into with the Bureau prior to or during

fiscal year 2005 for the operation of Bureau-funded schools, and

up to $500,000 within and only from such amounts made available

for school operations shall be available for the transitional costs

of initial administrative cost grants to tribes and tribal organizations that enter into grants for the operation on or after July

1, 2005, of Bureau-operated schools: Provided further, That any

forestry funds allocated to a tribe which remain unobligated as

of September 30, 2007, may be transferred during fiscal year 2008

to an Indian forest land assistance account established for the

benefit of such tribe within the tribe’s trust fund account: Provided

further, That any such unobligated balances not so transferred

shall expire on September 30, 2008.

CONSTRUCTION

For construction, repair, improvement, and maintenance of

irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract;

acquisition of lands, and interests in lands; and preparation of

lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $275,637,000, to remain

available until expended: Provided, That such amounts as may

be available for the construction of the Navajo Indian Irrigation

Project may be transferred to the Bureau of Reclamation: Provided

further, That not to exceed 6 percent of contract authority available

to the Bureau of Indian Affairs from the Federal Highway Trust

Fund may be used to cover the road program management costs

of the Bureau: Provided further, That any funds provided for the

Safety of Dams program pursuant to 25 U.S.C. 13 shall be made

available on a nonreimbursable basis: Provided further, That for

fiscal year 2006, in implementing new construction or facilities

improvement and repair project grants in excess of $100,000 that

are provided to tribally controlled grant schools under Public Law

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 515

100–297, as amended, the Secretary of the Interior shall use the

Administrative and Audit Requirements and Cost Principles for

Assistance Programs contained in 43 CFR part 12 as the regulatory

requirements: Provided further, That such grants shall not be subject to section 12.61 of 43 CFR; the Secretary and the grantee

shall negotiate and determine a schedule of payments for the work

to be performed: Provided further, That in considering applications,

the Secretary shall consider whether the Indian tribe or tribal

organization would be deficient in assuring that the construction

projects conform to applicable building standards and codes and

Federal, tribal, or State health and safety standards as required

by 25 U.S.C. 2005(b), with respect to organizational and financial

management capabilities: Provided further, That if the Secretary

declines an application, the Secretary shall follow the requirements

contained in 25 U.S.C. 2504(f): Provided further, That any disputes

between the Secretary and any grantee concerning a grant shall

be subject to the disputes provision in 25 U.S.C. 2507(e): Provided

further, That in order to ensure timely completion of replacement

school construction projects, the Secretary may assume control of

a project and all funds related to the project, if, within eighteen

months of the date of enactment of this Act, any tribe or tribal

organization receiving funds appropriated in this Act or in any

prior Act, has not completed the planning and design phase of

the project and commenced construction of the replacement school:

Provided further, That this Appropriation may be reimbursed from

the Office of the Special Trustee for American Indians Appropriation

for the appropriate share of construction costs for space expansion

needed in agency offices to meet trust reform implementation.

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For miscellaneous payments to Indian tribes and individuals and for necessary administrative expenses, $34,754,000, to remain

available until expended, for implementation of Indian land and

water claim settlements pursuant to Public Laws 99–264, 100–

580, 101–618, 106–554, 107–331, and 108–34, and for implementation of other land and water rights settlements, of which

$10,000,000 shall be available for payment to the Quinault Indian

Nation pursuant to the terms of the North Boundary Settlement

Agreement dated July 14, 2000, providing for the acquisition of

perpetual conservation easements from the Nation.

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed and insured loans, $6,348,000, of

which $701,000 is for administrative expenses, as authorized by

the Indian Financing Act of 1974, as amended: Provided, That

such costs, including the cost of modifying such loans, shall be

as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That these funds are available to subsidize total

loan principal, any part of which is to be guaranteed, not to exceed

$118,884,000.

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation

of Indian programs by direct expenditure, contracts, cooperative

119 STAT. 516 PUBLIC LAW 109–54—AUG. 2, 2005

agreements, compacts and grants, either directly or in cooperation

with States and other organizations.

Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs

may contract for services in support of the management, operation,

and maintenance of the Power Division of the San Carlos Irrigation

Project.

Appropriations for the Bureau of Indian Affairs (except the

revolving fund for loans, the Indian loan guarantee and insurance

fund, and the Indian Guaranteed Loan Program account) shall

be available for expenses of exhibits, and purchase and replacement

of passenger motor vehicles.

Notwithstanding any other provision of law, no funds available

to the Bureau of Indian Affairs for central office operations or

pooled overhead general administration (except facilities operations

and maintenance) shall be available for tribal contracts, grants,

compacts, or cooperative agreements with the Bureau of Indian

Affairs under the provisions of the Indian Self-Determination Act

or the Tribal Self-Governance Act of 1994 (Public Law 103–413).

In the event any tribe returns appropriations made available

by this Act to the Bureau of Indian Affairs for distribution to

other tribes, this action shall not diminish the Federal Government’s

trust responsibility to that tribe, or the government-to-government

relationship between the United States and that tribe, or that

tribe’s ability to access future appropriations.

Notwithstanding any other provision of law, no funds available

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available

to support the operation of any elementary or secondary school

in the State of Alaska.

Appropriations made available in this or any other Act for

schools funded by the Bureau shall be available only to the schools

in the Bureau school system as of September 1, 1996. No funds

available to the Bureau shall be used to support expanded grades

for any school or dormitory beyond the grade structure in place

or approved by the Secretary of the Interior at each school in

the Bureau school system as of October 1, 1995. Funds made

available under this Act may not be used to establish a charter

school at a Bureau-funded school (as that term is defined in section

1146 of the Education Amendments of 1978 (25 U.S.C. 2026)),

except that a charter school that is in existence on the date of

the enactment of this Act and that has operated at a Bureaufunded school before September 1, 1999, may continue to operate

during that period, but only if the charter school pays to the

Bureau a pro rata share of funds to reimburse the Bureau for

the use of the real and personal property (including buses and

vans), the funds of the charter school are kept separate and apart

from Bureau funds, and the Bureau does not assume any obligation

for charter school programs of the State in which the school is

located if the charter school loses such funding. Employees of

Bureau-funded schools sharing a campus with a charter school

and performing functions related to the charter school’s operation

and employees of a charter school shall not be treated as Federal

employees for purposes of chapter 171 of title 28, United States

Code.

Notwithstanding any other provision of law, including section

113 of title I of appendix C of Public Law 106–113, if a tribe

or tribal organization in fiscal year 2003 or 2004 received indirect

Charter schools.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 517

and administrative costs pursuant to a distribution formula based

on section 5(f) of Public Law 101–301, the Secretary shall continue

to distribute indirect and administrative cost funds to such tribe

or tribal organization using the section 5(f) distribution formula.

DEPARTMENTAL OFFICES

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the

jurisdiction of the Department of the Interior, $76,883,000, of which:

(1) $69,502,000 shall be available until expended for technical

assistance, including maintenance assistance, disaster assistance,

insular management controls, coral reef initiative activities, and

brown tree snake control and research; grants to the judiciary

in American Samoa for compensation and expenses, as authorized

by law (48 U.S.C. 1661(c)); grants to the Government of American

Samoa, in addition to current local revenues, for construction and

support of governmental functions; grants to the Government of

the Virgin Islands as authorized by law; grants to the Government

of Guam, as authorized by law; and grants to the Government

of the Northern Mariana Islands as authorized by law (Public

Law 94–241; 90 Stat. 272); and (2) $7,381,000 shall be available

for salaries and expenses of the Office of Insular Affairs: Provided,

That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments,

may be audited by the Government Accountability Office, at its

discretion, in accordance with chapter 35 of title 31, United States

Code: Provided further, That Northern Mariana Islands Covenant

grant funding shall be provided according to those terms of the

Agreement of the Special Representatives on Future United States

Financial Assistance for the Northern Mariana Islands approved

by Public Law 104–134: Provided further, That of the amounts

provided for technical assistance, sufficient funds shall be made

available for a grant to the Pacific Basin Development Council:

Provided further, That of the amounts provided for technical assistance, sufficient funding shall be made available for a grant to

the Close Up Foundation: Provided further, That the funds for

the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance

improvement of capital infrastructure with territorial participation

and cost sharing to be determined by the Secretary based on the

grantee’s commitment to timely maintenance of its capital assets:

Provided further, That any appropriation for disaster assistance

under this heading in this Act or previous appropriations Acts

may be used as non-Federal matching funds for the purpose of

hazard mitigation grants provided pursuant to section 404 of the

Robert T. Stafford Disaster Relief and Emergency Assistance Act

(42 U.S.C. 5170c).

COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $5,362,000, to remain available until expended, as provided for in sections 221(a)(2), 221(b),

and 233 of the Compact of Free Association for the Republic of

48 USC 1469b.

119 STAT. 518 PUBLIC LAW 109–54—AUG. 2, 2005

Palau; and section 221(a)(2) of the Compacts of Free Association

for the Government of the Republic of the Marshall Islands and

the Federated States of Micronesia, as authorized by Public Law

99–658 and Public Law 108–188.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for management of the Department of the Interior, $127,183,000; of which $7,441,000 is to be derived

from the Land and Water Conservation Fund and shall remain

available until expended; of which not to exceed $8,500 may be

for official reception and representation expenses; and of which

up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with

the orderly closure of the United States Bureau of Mines: Provided,

That none of the funds in this Act or previous appropriations

Acts may be used to establish reserves in the Working Capital

Fund account other than for accrued annual leave and depreciation

of equipment without prior approval of the House and Senate

Committees on Appropriations.

PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20,

1976, as amended (31 U.S.C. 6901–6907), $236,000,000, of which

not to exceed $400,000 shall be available for administrative

expenses: Provided, That no payment shall be made to otherwise

eligible units of local government if the computed amount of the

payment is less than $100.

CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and

any of its component offices and bureaus for the remedial action,

including associated activities, of hazardous waste substances,

pollutants, or contaminants pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act, as

amended (42 U.S.C. 9601 et seq.), $9,855,000, to remain available

until expended: Provided, That hereafter, notwithstanding 31 U.S.C.

3302, sums recovered from or paid by a party in advance of or

as reimbursement for remedial action or response activities conducted by the Department pursuant to section 107 or 113(f) of

such Act, shall be credited to this account, to be available until

expended without further appropriation: Provided further, That

hereafter such sums recovered from or paid by any party are not

limited to monetary payments and may include stocks, bonds or

other personal or real property, which may be retained, liquidated,

or otherwise disposed of by the Secretary and which shall be credited to this account.

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor, $55,440,000.

42 USC 9607

note.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 519

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,

$39,116,000.

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For the operation of trust programs for Indians by direct

expenditure, contracts, cooperative agreements, compacts, and

grants, $191,593,000, to remain available until expended, of which

not to exceed $58,000,000 from this or any other Act, shall be

available for historical accounting: Provided, That funds for trust

management improvements and litigation support may, as needed,

be transferred to or merged with the Bureau of Indian Affairs,

‘‘Operation of Indian Programs’’ account; the Office of the Solicitor,

‘‘Salaries and Expenses’’ account; and the Departmental Management, ‘‘Salaries and Expenses’’ account: Provided further, That

funds made available to Tribes and Tribal organizations through

contracts or grants obligated during fiscal year 2006, as authorized

by the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et

seq.), shall remain available until expended by the contractor or

grantee: Provided further, That, notwithstanding any other provision of law, the statute of limitations shall not commence to run

on any claim, including any claim in litigation pending on the

date of the enactment of this Act, concerning losses to or mismanagement of trust funds, until the affected tribe or individual

Indian has been furnished with an accounting of such funds from

which the beneficiary can determine whether there has been a

loss: Provided further, That, notwithstanding any other provision

of law, the Secretary shall not be required to provide a quarterly

statement of performance for any Indian trust account that has

not had activity for at least 18 months and has a balance of

$1.00 or less: Provided further, That the Secretary shall issue

an annual account statement and maintain a record of any such

accounts and shall permit the balance in each such account to

be withdrawn upon the express written request of the account

holder: Provided further, That not to exceed $50,000 is available

for the Secretary to make payments to correct administrative errors

of either disbursements from or deposits to Individual Indian Money

or Tribal accounts after September 30, 2002: Provided further,

That erroneous payments that are recovered shall be credited to

and remain available in this account for this purpose.

INDIAN LAND CONSOLIDATION

For consolidation of fractional interests in Indian lands and

expenses associated with redetermining and redistributing

escheated interests in allotted lands, and for necessary expenses

to carry out the Indian Land Consolidation Act of 1983, as amended,

by direct expenditure or cooperative agreement, $34,514,000, to

remain available until expended, and which may be transferred

to the Bureau of Indian Affairs and Departmental Management

accounts: Provided, That funds provided under this heading may

be expended pursuant to the authorities contained in the provisos

Records.

25 USC 4011

note.

119 STAT. 520 PUBLIC LAW 109–54—AUG. 2, 2005

under the heading ‘‘Office of Special Trustee for American Indians,

Indian Land Consolidation’’ of the Interior and Related Agencies

Appropriations Act, 2001 (Public Law 106–291).

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry

out the provisions of the Comprehensive Environmental Response,

Compensation, and Liability Act, as amended (42 U.S.C. 9601 et

seq.), Federal Water Pollution Control Act, as amended (33 U.S.C.

1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101–

380) (33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended

(16 U.S.C. 19jj et seq.), $6,106,000, to remain available until

expended.

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available

resources within the Working Capital Fund, 15 aircraft, 10 of which

shall be for replacement and which may be obtained by donation,

purchase or through available excess surplus property: Provided,

That existing aircraft being replaced may be sold, with proceeds

derived or trade-in value used to offset the purchase price for

the replacement aircraft: Provided further, That no programs funded

with appropriated funds in the ‘‘Departmental Management’’,

‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’ may

be augmented through the Working Capital Fund: Provided further,

That the annual budget justification for Departmental Management

shall describe estimated Working Capital Fund charges to bureaus

and offices, including the methodology on which charges are based:

Provided further, That departures from the Working Capital Fund

estimates contained in the Departmental Management budget justification shall be presented to the Committees on Appropriations

for approval: Provided further, That the Secretary shall provide

a semi-annual report to the Committees on Appropriations on

reimbursable support agreements between the Office of the Secretary and the National Business Center and the bureaus and

offices of the Department, including the amounts billed pursuant

to such agreements.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 101. Appropriations made in this title shall be available

for expenditure or transfer (within each bureau or office), with

the approval of the Secretary, for the emergency reconstruction,

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or

other unavoidable causes: Provided, That no funds shall be made

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have

been exhausted: Provided further, That all funds used pursuant

to this section must be replenished by a supplemental appropriation

which must be requested as promptly as possible.

SEC. 102. The Secretary may authorize the expenditure or

transfer of any no year appropriation in this title, in addition

Reports.

Deadlines.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 521

to the amounts included in the budget programs of the several

agencies, for the suppression or emergency prevention of wildland

fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related

to potential or actual earthquakes, floods, volcanoes, storms, or

other unavoidable causes; for contingency planning subsequent to

actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention,

suppression, and control of actual or potential grasshopper and

Mormon cricket outbreaks on lands under the jurisdiction of the

Secretary, pursuant to the authority in section 1773(b) of Public

Law 99–198 (99 Stat. 1658); for emergency reclamation projects

under section 410 of Public Law 95–87; and shall transfer, from

any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit

assumption of regulatory authority in the event a primacy State

is not carrying out the regulatory provisions of the Surface Mining

Act: Provided, That appropriations made in this title for wildland

fire operations shall be available for the payment of obligations

incurred during the preceding fiscal year, and for reimbursement

to other Federal agencies for destruction of vehicles, aircraft, or

other equipment in connection with their use for wildland fire

operations, such reimbursement to be credited to appropriations

currently available at the time of receipt thereof: Provided further,

That for wildland fire operations, no funds shall be made available

under this authority until the Secretary determines that funds

appropriated for ‘‘wildland fire operations’’ shall be exhausted

within 30 days: Provided further, That all funds used pursuant

to this section must be replenished by a supplemental appropriation

which must be requested as promptly as possible: Provided further,

That such replenishment funds shall be used to reimburse, on

a pro rata basis, accounts from which emergency funds were transferred.

SEC. 103. Appropriations made to the Department of the

Interior in this title shall be available for services as authorized

by 5 U.S.C. 3109, when authorized by the Secretary, in total amount

not to exceed $500,000; hire, maintenance, and operation of aircraft;

hire of passenger motor vehicles; purchase of reprints; payment

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment

of dues, when authorized by the Secretary, for library membership

in societies or associations which issue publications to members

only or at a price to members lower than to subscribers who

are not members.

SEC. 104. No funds provided in this title may be expended

by the Department of the Interior for the conduct of offshore

preleasing, leasing and related activities placed under restriction

in the President’s moratorium statement of June 12, 1998, in the

areas of northern, central, and southern California; the North

Atlantic; Washington and Oregon; and the eastern Gulf of Mexico

south of 26 degrees north latitude and east of 86 degrees west

longitude.

SEC. 105. No funds provided in this title may be expended

by the Department of the Interior to conduct offshore oil and natural

gas preleasing, leasing and related activities in the eastern Gulf

of Mexico planning area for any lands located outside Sale 181,

119 STAT. 522 PUBLIC LAW 109–54—AUG. 2, 2005

as identified in the final Outer Continental Shelf 5-Year Oil and

Gas Leasing Program, 1997–2002.

SEC. 106. No funds provided in this title may be expended

by the Department of the Interior to conduct oil and natural gas

preleasing, leasing and related activities in the Mid-Atlantic and

South Atlantic planning areas.

SEC. 107. Appropriations made in this Act under the headings

Bureau of Indian Affairs and Office of Special Trustee for American

Indians and any unobligated balances from prior appropriations

Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities,

except that total funding for historical accounting activities shall

not exceed amounts specifically designated in this Act for such

purpose.

SEC. 108. Notwithstanding any other provision of law, in fiscal

years 2006 through 2010, for the purpose of reducing the backlog

of Indian probate cases in the Department of the Interior, the

hearing requirements of chapter 10 of title 25, United States Code,

are deemed satisfied by a proceeding conducted by an Indian probate judge, appointed by the Secretary without regard to the provisions of title 5, United States Code, governing the appointments

in the competitive service, for such period of time as the Secretary

determines necessary: Provided, That the basic pay of an Indian

probate judge so appointed may be fixed by the Secretary without

regard to the provisions of chapter 51, and subchapter III of chapter

53 of title 5, United States Code, governing the classification and

pay of General Schedule employees, except that no such Indian

probate judge may be paid at a level which exceeds the maximum

rate payable for the highest grade of the General Schedule,

including locality pay.

SEC. 109. Notwithstanding any other provision of law, the

Secretary of the Interior is authorized to redistribute any Tribal

Priority Allocation funds, including tribal base funds, to alleviate

tribal funding inequities by transferring funds to address identified,

unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction

in Tribal Priority Allocation funds of more than 10 percent in

fiscal year 2006. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the

10 percent limitation does not apply.

SEC. 110. (a) For fiscal year 2006 and each succeeding fiscal

year, any funds made available by this Act for the Southwest

Indian Polytechnic Institute and Haskell Indian Nations University

for postsecondary programs of the Bureau of Indian Affairs in

excess of the amount made available for those postsecondary programs for fiscal year 2005 shall be allocated in direct proportion

to the need of the schools, as determined in accordance with the

postsecondary funding formula adopted by the Office of Indian

Education Programs.

(b) For fiscal year 2007 and each succeeding fiscal year, the

Bureau of Indian Affairs shall use the postsecondary funding formula adopted by the Office of Indian Education Programs based

on the needs of the Southwest Indian Polytechnic Institute and

Haskell Indian Nations University to justify the amounts submitted

as part of the budget request of the Department of the Interior.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 523

SEC. 111. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104–

208, the Secretary may accept and retain land and other forms

of reimbursement: Provided, That the Secretary may retain and

use any such reimbursement until expended and without further

appropriation: (1) for the benefit of the National Wildlife Refuge

System within the State of Minnesota; and (2) for all activities

authorized by Public Law 100–696; 16 U.S.C. 460zz.

SEC. 112. The Secretary of the Interior may use or contract

for the use of helicopters or motor vehicles on the Sheldon and

Hart National Wildlife Refuges for the purpose of capturing and

transporting horses and burros. The provisions of subsection (a)

of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be

applicable to such use. Such use shall be in accordance with humane

procedures prescribed by the Secretary.

SEC. 113. Funds provided in this Act for Federal land acquisition by the National Park Service for Shenandoah Valley Battlefields National Historic District and Ice Age National Scenic Trail,

and funds provided in division E of Public Law 108–447 (118

Stat. 3050) for land acquisition at the Niobrara National Scenic

River, may be used for a grant to a State, a local government,

or any other land management entity for the acquisition of lands

without regard to any restriction on the use of Federal land acquisition funds provided through the Land and Water Conservation

Fund Act of 1965 as amended.

SEC. 114. None of the funds made available by this Act may

be obligated or expended by the National Park Service to enter

into or implement a concession contract which permits or requires

the removal of the underground lunchroom at the Carlsbad Caverns

National Park.

SEC. 115. None of the funds made available in this Act may

be used: (1) to demolish the bridge between Jersey City, New

Jersey, and Ellis Island; or (2) to prevent pedestrian use of such

bridge, when such pedestrian use is consistent with generally

accepted safety standards.

SEC. 116. None of the funds in this or any other Act can

be used to compensate the Special Master and the Special MasterMonitor, and all variations thereto, appointed by the United States

District Court for the District of Columbia in the Cobell v. Norton

litigation at an annual rate that exceeds 200 percent of the highest

Senior Executive Service rate of pay for the Washington-Baltimore

locality pay area.

SEC. 117. The Secretary of the Interior may use discretionary

funds to pay private attorney fees and costs for employees and

former employees of the Department of the Interior reasonably

incurred in connection with Cobell v. Norton to the extent that

such fees and costs are not paid by the Department of Justice

or by private insurance. In no case shall the Secretary make payments under this section that would result in payment of hourly

fees in excess of the highest hourly rate approved by the District

Court for the District of Columbia for counsel in Cobell v. Norton.

SEC. 118. The United States Fish and Wildlife Service shall,

in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking

of salmonid stocks, intended for harvest, that are released from

Federally operated or Federally financed hatcheries including but

New Jersey.

Ellis Island.

Procedures.

119 STAT. 524 PUBLIC LAW 109–54—AUG. 2, 2005

not limited to fish releases of coho, chinook, and steelhead species.

Marked fish must have a visible mark that can be readily identified

by commercial and recreational fishers.

SEC. 119. (a) IN GENERAL.—Nothing in section 134 of the

Department of the Interior and Related Agencies Appropriations

Act, 2002 (115 Stat. 443) affects the decision of the United States

Court of Appeals for the 10th Circuit in Sac and Fox Nation v.

Norton, 240 F.3d 1250 (2001).

(b) USE OF CERTAIN INDIAN LAND.—Nothing in this section

permits the conduct of gaming under the Indian Gaming Regulatory

Act (25 U.S.C. 2701 et seq.) on land described in section 123

of the Department of the Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 944), or land that is contiguous to that

land, regardless of whether the land or contiguous land has been

taken into trust by the Secretary of the Interior.

SEC. 120. No funds appropriated for the Department of the

Interior by this Act or any other Act shall be used to study or

implement any plan to drain Lake Powell or to reduce the water

level of the lake below the range of water levels required for

the operation of the Glen Canyon Dam.

SEC. 121. Notwithstanding the limitation in subparagraph

(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25

U.S.C. 2717(a)), the total amount of all fees imposed by the National

Indian Gaming Commission for fiscal year 2007 shall not exceed

$12,000,000.

SEC. 122. Notwithstanding any implementation of the Department of the Interior’s trust reorganization or reengineering plans,

or the implementation of the ‘‘To Be’’ Model, funds appropriated

for fiscal year 2006 shall be available to the tribes within the

California Tribal Trust Reform Consortium and to the Salt River

Pima-Maricopa Indian Community, the Confederated Salish and

Kootenai Tribes of the Flathead Reservation and the Chippewa

Cree Tribe of the Rocky Boys Reservation through the same methodology as funds were distributed in fiscal year 2003. This Demonstration Project shall continue to operate separate and apart from

the Department of the Interior’s trust reform and reorganization

and the Department shall not impose its trust management infrastructure upon or alter the existing trust resource management

systems of the above referenced tribes having a self-governance

compact and operating in accordance with the Tribal Self-Governance Program set forth in 25 U.S.C. 458aa–458hh: Provided, That

the California Trust Reform Consortium and any other participating

tribe agree to carry out their responsibilities under the same written

and implemented fiduciary standards as those being carried by

the Secretary of the Interior: Provided further, That they demonstrate to the satisfaction of the Secretary that they have the

capability to do so: Provided further, That the Department shall

provide funds to the tribes in an amount equal to that required

by 25 U.S.C. 458cc(g)(3), including funds specifically or functionally

related to the provision of trust services to the tribes or their

members.

SEC. 123. Notwithstanding any provision of law, including 42

U.S.C. 4321 et. seq., nonrenewable grazing permits authorized in

the Jarbidge Field Office, Bureau of Land Management within

the past 9 years, shall be renewed. The Animal Unit Months contained in the most recently expired nonrenewable grazing permit,

authorized between March 1, 1997, and February 28, 2003, shall

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 525

continue in effect under the renewed permit. Nothing in this section

shall be deemed to extend the nonrenewable permits beyond the

standard 1-year term.

SEC. 124. Notwithstanding any other provision of law, the

Secretary of the Interior is authorized to acquire lands, waters,

or interests therein including the use of all or part of any pier,

dock, or landing within the State of New York and the State

of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors

to Ellis, Governors, and Liberty Islands, and of other program

and administrative activities, by donation or with appropriated

funds, including franchise fees (and other monetary consideration),

or by exchange; and the Secretary is authorized to negotiate and

enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions

as the Secretary may determine reasonable.

SEC. 125. Upon the request of the permittee for the Clark

Mountain Allotment lands adjacent to the Mojave National Preserve, the Secretary shall also issue a special use permit for that

portion of the grazing allotment located within the Preserve. The

special use permit shall be issued with the same terms and conditions as the most recently-issued permit for that allotment and

the Secretary shall consider the permit to be one transferred in

accordance with section 325 of Public Law 108–108.

SEC. 126. Notwithstanding any other provision of law, the

National Park Service final winter use rules published in Part

VII of the Federal Register for November 10, 2004, 69 Fed. Reg.

65348 et seq., shall be in force and effect for the winter use season

of 2005–2006 that commences on or about December 15, 2005.

SEC. 127. Section 1121(d) of the Education Amendments of

1978 (25 U.S.C. 2001(d)) is amended by striking paragraph (7)

and inserting the following:

‘‘(7) APPROVAL OF INDIAN TRIBES.—The Secretary shall not

terminate, close, consolidate, contract, transfer to another

authority, or take any other action relating to an elementary

school or secondary school (or any program of such a school)

of an Indian tribe without the approval of the governing body

of any Indian tribe that would be affected by such an action.’’.

SEC. 128. Section 108(e) of the Act entitled ‘‘An Act to establish

the Kalaupapa National Historical Park in the State of Hawaii,

and for other purposes’’ (16 U.S.C. 410jj–7) is amended by striking

‘‘twenty-five years from’’ and inserting ‘‘on the date that is 45

years after’’.

SEC. 129. Section 402(b) of the Surface Mining Control and

Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking

‘‘September 30, 2005,’’ and inserting ‘‘June 30, 2006,’’.

SEC. 130. None of the funds in this or any other Act may

be used to set up Centers of Excellence and Partnership Skills

Bank training without prior approval of the House and Senate

Committees on Appropriations.

SEC. 131. Section 114 of the Department of the Interior and

Related Agencies Appropriations Act, 2003 (16 U.S.C. 460bb–3 note;

117 Stat. 239; division F of Public Law 108–7), is amended—

(1) in the second sentence, by inserting ‘‘, including utility

expenses of the National Park Service or lessees of the National

Park Service’’ after ‘‘Fort Baker properties’’; and

Applicability.

Effective date.

Mojave National

Preserve.

New York.

New Jersey.

119 STAT. 526 PUBLIC LAW 109–54—AUG. 2, 2005

(2) by inserting between the first and second sentences

the following: ‘‘In furtherance of a lease entered into under

the first sentence, the Secretary of the Interior or a lessee

may impose fees on overnight lodgers for the purpose of covering the cost of providing utilities and transportation services

at Fort Baker properties at a rate not to exceed the annual

cost of providing these services.’’.

SEC. 132. (a) Section 813(a) of the Federal Lands Recreation

Enhancement Act (16 U.S.C. 6812(a)) is amended by striking ‘‘and

(i)’’ and inserting ‘‘and (i) (except for paragraph (1)(C))’’.

(b) Section 4(i)(1)(C)(i) of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–6a(i)(1)(C)(i)) is amended—

(1) by striking ‘‘Notwithstanding subparagraph (A)’’ and

all that follows through ‘‘or section 107’’ and inserting ‘‘Notwithstanding section 107’’; and

(2) by striking ‘‘account under subparagraph (A)’’ and

inserting ‘‘account under section 807(a) of the Federal Lands

Recreation Enhancement Act (16 U.S.C. 6806(a))’’.

(c) Except as provided in this section, section 4(i)(1)(C) of the

Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

6a(i)(1)(C)) shall be applied and administered as if section 813(a)

of the Federal Lands Recreation Enhancement Act (16 U.S.C.

6812(a)) (and the amendments made by that section) had not been

enacted.

(d) This section and the amendments made by this section

take effect as of December 8, 2004.

SEC. 133. Section 5(c) of the National Trails System Act (16

U.S.C. 1244(c)) is amended by adding at the end the following:

‘‘(43)(A) The Captain John Smith Chesapeake National Historic

Watertrail, a series of routes extending approximately 3,000 miles

along the Chesapeake Bay and the tributaries of the Chesapeake

Bay in the States of Virginia, Maryland, Pennsylvania, and Delaware and the District of Columbia that traces Captain John Smith’s

voyages charting the land and waterways of the Chesapeake Bay

and the tributaries of the Chesapeake Bay.

‘‘(B) The study shall be conducted in consultation with Federal,

State, regional, and local agencies and representatives of the private

sector, including the entities responsible for administering—

‘‘(i) the Chesapeake Bay Gateways and Watertrails Network authorized under the Chesapeake Bay Initiative Act of

1998 (16 U.S.C. 461 note; title V of Public Law 105–312);

and

‘‘(ii) the Chesapeake Bay Program authorized under section

117 of the Federal Water Pollution Control Act (33 U.S.C.

1267).

‘‘(C) The study shall include an extensive analysis of the potential impacts the designation of the trail as a national historic

watertrail is likely to have on land and water, including docks

and piers, along the proposed route or bordering the study route

that is privately owned at the time the study is conducted.’’.

SEC. 134. (a) Notwithstanding section 508(c) of the Omnibus

Parks and Public Lands Management Act of 1996 (40 U.S.C. 8903

note; Public Law 104–333) there is hereby appropriated to the

Secretary of the Interior $10,000,000, to remain available until

expended, for necessary expenses for the Memorial to Martin Luther

King, Jr., authorized in that Act.

Captain John

Smith.

Effective date.

16 USC 460l–6a

note.

Applicability.

16 USC 460l–6a

note.

16 USC 460l–6a,

6812.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 527

(b) The funds appropriated in subsection (a) shall only be

made available after the entire amount is matched by non-Federal

contributions (not including in-kind contributions) that are pledged

and received after July 26, 2005, but prior to the date specified

in subsection (c).

(c) Section 508(b)(2) of the Omnibus Parks and Public Lands

Management Act of 1996 is amended by striking ‘‘November 12,

2006’’ and inserting ‘‘November 12, 2008’’.

TITLE II—ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For science and technology, including research and development

activities, which shall include research and development activities

under the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980, as amended; necessary expenses for

personnel and related costs and travel expenses, including uniforms,

or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals

not to exceed the per diem rate equivalent to the maximum rate

payable for senior level positions under 5 U.S.C. 5376; procurement

of laboratory equipment and supplies; other operating expenses

in support of research and development; construction, alteration,

repair, rehabilitation, and renovation of facilities, not to exceed

$85,000 per project, $741,722,000, to remain available until September 30, 2007.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and

related costs and travel expenses, including uniforms, or allowances

therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed

the per diem rate equivalent to the maximum rate payable for

senior level positions under 5 U.S.C. 5376; hire of passenger motor

vehicles; hire, maintenance, and operation of aircraft; purchase

of reprints; library memberships in societies or associations which

issue publications to members only or at a price to members lower

than to subscribers who are not members; construction, alteration,

repair, rehabilitation, and renovation of facilities, not to exceed

$85,000 per project; and not to exceed $19,000 for official reception

and representation expenses, $2,381,752,000, to remain available

until September 30, 2007, including administrative costs of the

brownfields program under the Small Business Liability Relief and

Brownfields Revitalization Act of 2002.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, and for construction, alteration, repair, rehabilitation,

and renovation of facilities, not to exceed $85,000 per project,

$37,455,000, to remain available until September 30, 2007.

40 USC 8903

note.

119 STAT. 528 PUBLIC LAW 109–54—AUG. 2, 2005

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration,

and purchase of fixed equipment or facilities of, or for use by,

the Environmental Protection Agency, $40,218,000, to remain available until expended.

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6),

and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,

rehabilitation, and renovation of facilities, not to exceed $85,000

per project; $1,260,621,000, to remain available until expended,

consisting of such sums as are available in the Trust Fund upon

the date of enactment of this Act as authorized by section 517(a)

of the Superfund Amendments and Reauthorization Act of 1986

(SARA) and up to $1,260,621,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds

appropriated under this heading may be allocated to other Federal

agencies in accordance with section 111(a) of CERCLA: Provided

further, That of the funds appropriated under this heading,

$13,536,000 shall be transferred to the ‘‘Office of Inspector General’’

appropriation to remain available until September 30, 2007, and

$30,606,000 shall be transferred to the ‘‘Science and Technology’’

appropriation to remain available until September 30, 2007.

LEAKING UNDERGROUND STORAGE TANK PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for

construction, alteration, repair, rehabilitation, and renovation of

facilities, not to exceed $85,000 per project, $73,027,000, to remain

available until expended.

OIL SPILL RESPONSE

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,

$15,863,000, to be derived from the Oil Spill Liability trust fund,

to remain available until expended.

STATE AND TRIBAL ASSISTANCE GRANTS

(INCLUDING RESCISSIONS OF FUNDS)

For environmental programs and infrastructure assistance,

including capitalization grants for State revolving funds and

performance partnership grants, $3,261,696,000, to remain available until expended, of which $900,000,000 shall be for making

capitalization grants for the Clean Water State Revolving Funds

under title VI of the Federal Water Pollution Control Act, as

amended (the ‘‘Act’’); of which up to $50,000,000 shall be available

for loans, including interest free loans as authorized by 33 U.S.C.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 529

1383(d)(1)(A), to municipal, inter-municipal, interstate, or State

agencies or nonprofit entities for projects that provide treatment

for or that minimize sewage or stormwater discharges using one

or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater

treatment, low-impact development practices, conservation easements, stream buffers, or wetlands restoration; $850,000,000 shall

be for capitalization grants for the Drinking Water State Revolving

Funds under section 1452 of the Safe Drinking Water Act, as

amended, except that, notwithstanding section 1452(n) of the Safe

Drinking Water Act, as amended, hereafter none of the funds made

available under this heading in this or previous appropriations

Acts shall be reserved by the Administrator for health effects studies

on drinking water contaminants; $50,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water

and wastewater facilities in the area of the United States-Mexico

Border, after consultation with the appropriate border commission;

$35,000,000 shall be for grants to the State of Alaska to address

drinking water and waste infrastructure needs of rural and Alaska

Native Villages: Provided, That, of these funds: (1) the State of

Alaska shall provide a match of 25 percent; (2) no more than

5 percent of the funds may be used for administrative and overhead

expenses; and (3) not later than October 1, 2005 the State of

Alaska shall make awards consistent with the State-wide priority

list established in 2004 for all water, sewer, waste disposal, and

similar projects carried out by the State of Alaska that are funded

under section 221 of the Federal Water Pollution Control Act (33

U.S.C. 1301) or the Consolidated Farm and Rural Development

Act (7 U.S.C. 1921 et seq.) which shall allocate not less than

25 percent of the funds provided for projects in regional hub communities; $200,000,000 shall be for making special project grants for

the construction of drinking water, wastewater and storm water

infrastructure and for water quality protection in accordance with

the terms and conditions specified for such grants in the joint

explanatory statement of the managers accompanying this Act,

and, for purposes of these grants, each grantee shall contribute

not less than 45 percent of the cost of the project unless the

grantee is approved for a waiver by the Agency; $90,000,000 shall

be to carry out section 104(k) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (CERCLA), as

amended, including grants, interagency agreements, and associated

program support costs; $7,000,000 for making cost-shared grants

for school bus retrofit and replacement projects that reduce diesel

emissions; and $1,129,696,000 shall be for grants, including associated program support costs, to States, federally recognized tribes,

interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control

and abatement and related activities, including activities pursuant

to the provisions set forth under this heading in Public Law 104–

134, and for making grants under section 103 of the Clean Air

Act for particulate matter monitoring and data collection activities

subject to terms and conditions specified by the Administrator,

of which $50,000,000 shall be for carrying out section 128 of

CERCLA, as amended, $20,000,000 shall be for Environmental

Information Exchange Network grants, including associated program support costs, and $16,856,000 shall be for making competitive

Alaska.

Deadline.

119 STAT. 530 PUBLIC LAW 109–54—AUG. 2, 2005

targeted watershed grants: Provided further, That for fiscal year

2006 and thereafter, State authority under section 302(a) of Public

Law 104–182 shall remain in effect: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control

Act, the limitation on the amounts in a State water pollution

control revolving fund that may be used by a State to administer

the fund shall not apply to amounts included as principal in loans

made by such fund in fiscal year 2006 and prior years where

such amounts represent costs of administering the fund to the

extent that such amounts are or were deemed reasonable by the

Administrator, accounted for separately from other assets in the

fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2006, and notwithstanding section 518(f) of the Act, the Administrator is authorized

to use the amounts appropriated for any fiscal year under section

319 of that Act to make grants to Indian tribes pursuant to sections

319(h) and 518(e) of that Act: Provided further, That for fiscal

year 2006, notwithstanding the limitation on amounts in section

518(c) of the Act, up to a total of 11⁄2 percent of the funds appropriated for State Revolving Funds under title VI of that Act may

be reserved by the Administrator for grants under section 518(c)

of that Act: Provided further, That no funds provided by this legislation to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United

States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that

jurisdiction the development or construction of any additional

colonia areas, or the development within an existing colonia the

construction of any new home, business, or other structure which

lacks water, wastewater, or other necessary infrastructure: Provided

further, That, notwithstanding this or any other appropriations

Act, heretofore and hereafter, after consultation with the House

and Senate Committees on Appropriations and for the purpose

of making technical corrections, the Administrator is authorized

to award grants under this heading to entities and for purposes

other than those listed in the joint explanatory statements of the

managers accompanying the Agency’s appropriations Acts for the

construction of drinking water, wastewater and stormwater infrastructure and for water quality protection.

In addition, $80,000,000 is hereby rescinded from prior year

funds in appropriation accounts available to the Environmental

Protection Agency: Provided, That such rescissions shall be taken

solely from amounts associated with grants, contracts, and interagency agreements whose availability, under the original project

period for such grant or interagency agreement or contract period

for such contract, has expired: Provided further, That such rescissions shall include funds that were appropriated under this heading

for special project grants in fiscal year 2000 or earlier that have

not been obligated on an approved grant by September 1, 2006.

ADMINISTRATIVE PROVISIONS

For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1) and

6305(1), the Administrator of the Environmental Protection Agency,

in carrying out the Agency’s function to implement directly Federal

environmental programs required or authorized by law in the

33 USC 1377

note.

33 USC 1377

note.

42 USC 300j–12

note.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 531

absence of an acceptable tribal program, may award cooperative

agreements to federally-recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian

Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State

financial assistance agreements.

The Administrator of the Environmental Protection Agency is

authorized to collect and obligate pesticide registration service fees

in accordance with section 33 of the Federal Insecticide, Fungicide,

and Rodenticide Act (as added by subsection (f)(2) of the Pesticide

Registration Improvement Act of 2003), as amended.

Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated

funds for fiscal year 2006 may be used to award grants or loans

under section 104(k) of CERCLA to eligible entities that satisfy

all of the elements set forth in CERCLA section 101(40) to qualify

as a bona fide prospective purchaser except that the date of acquisition of the property was prior to the date of enactment of the

Small Business Liability Relief and Brownfield Revitalization Act

of 2001.

For fiscal years 2006 through 2011, the Administrator may,

after consultation with the Office of Personnel Management, make

not to exceed five appointments in any fiscal year under the

authority provided in 42 U.S.C. 209 for the Office of Research

and Development.

Beginning in fiscal year 2006 and thereafter, and notwithstanding section 306 of the Toxic Substances Control Act, the Federal share of the cost of radon program activities implemented

with Federal assistance under section 306 shall not exceed 60

percent in the third and subsequent grant years.

GENERAL PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY

SEC. 201. None of the funds made available by this Act may

be used by the Administrator of the Environmental Protection

Agency to accept, consider or rely on third-party intentional dosing

human toxicity studies for pesticides, or to conduct intentional

dosing human toxicity studies for pesticides until the Administrator

issues a final rulemaking on this subject. The Administrator shall

allow for a period of not less than 90 days for public comment

on the Agency’s proposed rule before issuing a final rule. Such

rule shall not permit the use of pregnant women, infants or children

as subjects; shall be consistent with the principles proposed in

the 2004 report of the National Academy of Sciences on intentional

human dosing and the principles of the Nuremberg Code with

respect to human experimentation; and shall establish an independent Human Subjects Review Board. The final rule shall be

issued no later than 180-days after enactment of this Act.

SEC. 202. None of the funds made available by this Act may

be used in contravention of, or to delay the implementation of,

Executive Order No. 12898 of February 11, 1994 (59 Fed. Reg.

7629; relating to Federal actions to address environmental justice

in minority populations and low-income populations).

SEC. 203. None of the funds made available in this Act may

be used to finalize, issue, implement, or enforce the proposed policy

of the Environmental Protection Agency entitled ‘‘National Pollutant

Discharge Elimination System (NPDES) Permit Requirements for

Deadline.

Deadline.

Public

information.

Regulations.

Human dosing.

Establishment.

Effective date.

15 USC 2666

note.

119 STAT. 532 PUBLIC LAW 109–54—AUG. 2, 2005

Municipal Wastewater Treatment During Wet Weather Conditions’’,

dated November 3, 2003 (68 Fed. Reg. 63042).

SEC. 204. None of the funds made available in this Act may

be used in contravention of 15 U.S.C. 2682(c)(3) or to delay the

implementation of that section.

SEC. 205. None of the funds provided in this Act or any other

Act may be used by the Environmental Protection Agency (EPA)

to publish proposed or final regulations pursuant to the requirements of section 428(b) of division G of Public Law 108–199 until

the Administrator of the Environmental Protection Agency, in

coordination with other appropriate Federal agencies, has completed

and published a technical study to look at safety issues, including

the risk of fire and burn to consumers in use, associated with

compliance with the regulations. Not later than 6 months after

the date of enactment of this Act, the Administrator shall complete

and publish the technical study.

TITLE III—RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as

authorized by law, $283,094,000, to remain available until

expended: Provided, That of the funds provided, $60,267,000 is

for the forest inventory and analysis program.

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,

and others, and for forest health management, including treatments

of pests, pathogens, and invasive or noxious plants and for restoring

and rehabilitating forests damaged by pests or invasive plants,

cooperative forestry, and education and land conservation activities

and conducting an international program as authorized,

$283,577,000, to remain available until expended, as authorized

by law of which $57,380,000 is to be derived from the Land and

Water Conservation Fund: Provided, That none of the funds provided under this heading for the acquisition of lands or interests

in lands shall be available until the Forest Service notifies the

House Committee on Appropriations and the Senate Committee

on Appropriations, in writing, of specific contractual and grant

details including the non-Federal cost share: Provided further, That

of the funds provided herein, $1,000,000 shall be provided to Custer

County, Idaho, for economic development in accordance with the

Central Idaho Economic Development and Recreation Act, subject

to authorization: Provided further, That notwithstanding any other

provision of law, of the funds provided under this heading, an

advance lump sum payment of $1,000,000 shall be made available

to Madison County, North Carolina, for a forest recreation center,

and a similar $500,000 payment shall be made available to

Folkmoot USA in Haywood County, North Carolina, for Appalachian

folk programs including forest crafts.

Deadline.

Publication.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 533

NATIONAL FOREST SYSTEM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Forest Service, not otherwise

provided for, for management, protection, improvement, and utilization of the National Forest System, $1,424,348,000, to remain available until expended, which shall include 50 percent of all moneys

received during prior fiscal years as fees collected under the Land

and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,

That unobligated balances under this heading available at the

start of fiscal year 2006 shall be displayed by budget line item

in the fiscal year 2007 budget justification: Provided further, That

of the funds provided under this heading for Forest Products,

$5,000,000 shall be allocated to the Alaska Region, in addition

to its normal allocation for the purposes of preparing additional

timber for sale, to establish a 3-year timber supply and such funds

may be transferred to other appropriations accounts as necessary

to maximize accomplishment: Provided further, That within funds

available for the purpose of implementing the Valles Caldera

Preservation Act, notwithstanding the limitations of section

107(e)(2) of the Valles Caldera Preservation Act (Public Law 106–

248), for fiscal year 2006, the Chair of the Board of Trustees

of the Valles Caldera Trust may receive, upon request, compensation

for each day (including travel time) that the Chair is engaged

in the performance of the functions of the Board, except that compensation shall not exceed the daily equivalent of the annual rate

in effect for members of the Senior Executive Service at the ES–

1 level, and shall be in addition to any reimbursement for travel,

subsistence and other necessary expenses incurred by the Chair

in the performance of the Chair’s duties.

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for forest fire presuppression activities

on National Forest System lands, for emergency fire suppression

on or adjacent to such lands or other lands under fire protection

agreement, hazardous fuels reduction on or adjacent to such lands,

and for emergency rehabilitation of burned-over National Forest

System lands and water, $1,779,395,000, to remain available until

expended: Provided, That such funds including unobligated balances

under this heading, are available for repayment of advances from

other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to

reimburse State and other cooperating entities for services provided

in response to wildfire and other emergencies or disasters to the

extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management

agency: Provided further, That not less than 50 percent of any

unobligated balances remaining (exclusive of amounts for hazardous

fuels reduction) at the end of fiscal year 2005 shall be transferred

to the fund established pursuant to section 3 of Public Law 71–

319 (16 U.S.C. 576 et seq.) if necessary to reimburse the fund

for unpaid past advances: Provided further, That, notwithstanding

any other provision of law, $8,000,000 of funds appropriated under

119 STAT. 534 PUBLIC LAW 109–54—AUG. 2, 2005

this appropriation shall be used for Fire Science Research in support

of the Joint Fire Science Program: Provided further, That all

authorities for the use of funds, including the use of contracts,

grants, and cooperative agreements, available to execute the Forest

and Rangeland Research appropriation, are also available in the

utilization of these funds for Fire Science Research: Provided further, That funds provided shall be available for emergency

rehabilitation and restoration, hazardous fuels reduction activities

in the urban-wildland interface, support to Federal emergency

response, and wildfire suppression activities of the Forest Service:

Provided further, That of the funds provided, $286,000,000 is for

hazardous fuels reduction activities, $6,281,000 is for rehabilitation

and restoration, $23,219,000 is for research activities and to make

competitive research grants pursuant to the Forest and Rangeland

Renewable Resources Research Act, as amended (16 U.S.C. 1641

et seq.), $46,500,000 is for State fire assistance, $7,889,000 is for

volunteer fire assistance, $15,000,000 is for forest health activities

on Federal lands and $10,000,000 is for forest health activities

on State and private lands: Provided further, That amounts in

this paragraph may be transferred to the ‘‘State and Private Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and Rangeland

Research’’ accounts to fund State fire assistance, volunteer fire

assistance, forest health management, forest and rangeland

research, vegetation and watershed management, heritage site

rehabilitation, and wildlife and fish habitat management and restoration: Provided further, That transfers of any amounts in excess

of those authorized in this paragraph, shall require approval of

the House and Senate Committees on Appropriations in compliance

with reprogramming procedures contained in the report accompanying this Act: Provided further, That funds provided under

this heading for hazardous fuels treatments may be transferred

to and made a part of the ‘‘National Forest System’’ account at

the sole discretion of the Chief of the Forest Service thirty days

after notifying the House and the Senate Committees on Appropriations: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any nonFederal entity may be shared, as mutually agreed on by the affected

parties: Provided further, That in addition to funds provided for

State Fire Assistance programs, and subject to all authorities available to the Forest Service under the State and Private Forestry

Appropriation, up to $15,000,000 may be used on adjacent nonFederal lands for the purpose of protecting communities when

hazard reduction activities are planned on national forest lands

that have the potential to place such communities at risk: Provided

further, That included in funding for hazardous fuel reduction is

$5,000,000 for implementing the Community Forest Restoration

Act, Public Law 106–393, title VI, and any portion of such funds

shall be available for use on non-Federal lands in accordance with

authorities available to the Forest Service under the State and

Private Forestry Appropriation: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize

the transfer of funds appropriated for wildland fire management,

in an aggregate amount not to exceed $9,000,000, between the

Departments when such transfers would facilitate and expedite

jointly funded wildland fire management programs and projects:

Provided further, That of the funds provided for hazardous fuels

reduction, not to exceed $5,000,000, may be used to make grants,

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 535

using any authorities available to the Forest Service under the

State and Private Forestry appropriation, for the purpose of creating

incentives for increased use of biomass from national forest lands:

Provided further, That funds designated for wildfire suppression

shall be assessed for indirect costs on the same basis as such

assessments are calculated against other agency programs.

CAPITAL IMPROVEMENT AND MAINTENANCE

For necessary expenses of the Forest Service, not otherwise

provided for, $441,178,000, to remain available until expended for

construction, reconstruction, maintenance and acquisition of

buildings and other facilities, and for construction, reconstruction,

repair, decommissioning, and maintenance of forest roads and trails

by the Forest Service as authorized by 16 U.S.C. 532–538 and

23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of the

funds provided herein for road maintenance shall be available for

the decommissioning of roads, including unauthorized roads not

part of the transportation system, which are no longer needed:

Provided further, That no funds shall be expended to decommission

any system road until notice and an opportunity for public comment

has been provided on each decommissioning project: Provided further, That of funds provided, $3,000,000 is provided for needed

rehabilitation and restoration work at Jarbidge Canyon, Nevada:

Provided further, That the Secretary of Agriculture may authorize

the transfer of up to $1,350,000 as necessary to the Department

of the Interior, Bureau of Land Management and Fish and Wildlife

Service when such transfers would facilitate and expedite needed

rehabilitation work on Bureau of Land Management lands, and

for the Fish and Wildlife Service to implement terms and conditions

identified in the Biological Opinion.

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land

and Water Conservation Fund Act of 1965, as amended (16 U.S.C.

460l–4 through 11), including administrative expenses, and for

acquisition of land or waters, or interest therein, in accordance

with statutory authority applicable to the Forest Service,

$42,500,000, to be derived from the Land and Water Conservation

Fund and to remain available until expended: Provided further, That, subject to valid existing rights, all land and interests in

land acquired in the Thunder Mountain area of the Payette National

Forest (including patented claims and land that are encumbered

by unpatented claims or previously appropriated funds under this

section, or otherwise relinquished by a private party) are withdrawn

from mineral entry or appropriation under Federal mining laws,

and from leasing claims under Federal mineral and geothermal

leasing laws.

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,

and Cleveland National Forests, California, as authorized by law,

$1,069,000, to be derived from forest receipts.

119 STAT. 536 PUBLIC LAW 109–54—AUG. 2, 2005

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds

deposited by State, county, or municipal governments, public school

districts, or other public school authorities, and for authorized

expenditures from funds deposited by non-Federal parties pursuant

to Land Sale and Exchange Acts, pursuant to the Act of December

4, 1967, as amended (16 U.S.C. 484a), to remain available until

expended.

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and

improvement, 50 percent of all moneys received during the prior

fiscal year, as fees for grazing domestic livestock on lands in

National Forests in the 16 Western States, pursuant to section

401(b)(1) of Public Law 94–579, as amended, to remain available

until expended, of which not to exceed 6 percent shall be available

for administrative expenses associated with on-the-ground range

rehabilitation, protection, and improvements.

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $64,000, to

remain available until expended, to be derived from the fund established pursuant to the above Act.

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal

lands in Alaska for subsistence uses under title VIII of the Alaska

National Interest Lands Conservation Act (Public Law 96–487),

$5,067,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year

shall be available for: (1) purchase of passenger motor vehicles;

acquisition of passenger motor vehicles from excess sources, and

hire of such vehicles; purchase, lease, operation, maintenance, and

acquisition of aircraft from excess sources to maintain the operable

fleet for use in Forest Service wildland fire programs and other

Forest Service programs; notwithstanding other provisions of law,

existing aircraft being replaced may be sold, with proceeds derived

or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not

to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public

improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and

interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C.

558a, 558d, and 558a note); (6) the cost of uniforms as authorized

by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in

accordance with 31 U.S.C. 3718(c).

None of the funds made available under this Act shall be

obligated or expended to abolish any region, to move or close any

regional office for National Forest System administration of the

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 537

Forest Service, Department of Agriculture without the consent of

the House and Senate Committees on Appropriations.

Any appropriations or funds available to the Forest Service

may be transferred to the Wildland Fire Management appropriation

for forest firefighting, emergency rehabilitation of burned-over or

damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon notification of the

House and Senate Committees on Appropriations and if and only

if all previously appropriated emergency contingent funds under

the heading ‘‘Wildland Fire Management’’ have been released by

the President and apportioned and all wildfire suppression funds

under the heading ‘‘Wildland Fire Management’’ are obligated.

The first transfer of funds into the Wildland Fire Management

account shall include unobligated funds, if available, from the Land

Acquisition account and the Forest Legacy program within the

State and Private Forestry account.

Funds appropriated to the Forest Service shall be available

for assistance to or through the Agency for International Development and the Foreign Agricultural Service in connection with forest

and rangeland research, technical information, and assistance in

foreign countries, and shall be available to support forestry and

related natural resource activities outside the United States and

its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations.

None of the funds made available to the Forest Service under

this Act shall be subject to transfer under the provisions of section

702(b) of the Department of Agriculture Organic Act of 1944 (7

U.S.C. 2257) or 7 U.S.C. 147b, except that in fiscal year 2006

the Forest Service may transfer funds to the ‘‘National Forest

System’’ account from other agency accounts to enable the agency’s

law enforcement program to pay full operating costs including overhead.

None of the funds available to the Forest Service may be

reprogrammed without the advance approval of the House and

Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the report accompanying this

Act.

Not more than $72,646,000 of funds available to the Forest

Service shall be transferred to the Working Capital Fund of the

Department of Agriculture. Nothing in this paragraph shall prohibit

or limit the use of reimbursable agreements requested by the Forest

Service in order to obtain services from the Department of Agriculture’s National Information Technology Center.

Funds available to the Forest Service shall be available to

conduct a program of not less than $2,500,000 for high priority

projects within the scope of the approved budget which shall be

carried out by the Youth Conservation Corps.

Of the funds available to the Forest Service, $4,000 is available

to the Chief of the Forest Service for official reception and representation expenses.

Pursuant to sections 405(b) and 410(b) of Public Law 101–

593, of the funds available to the Forest Service, $3,000,000 may

be advanced in a lump sum to the National Forest Foundation

to aid conservation partnership projects in support of the Forest

Service mission, without regard to when the Foundation incurs

expenses, for administrative expenses or projects on or benefitting

119 STAT. 538 PUBLIC LAW 109–54—AUG. 2, 2005

National Forest System lands or related to Forest Service programs:

Provided, That of the Federal funds made available to the Foundation, no more than $300,000 shall be available for administrative

expenses: Provided further, That the Foundation shall obtain, by

the end of the period of Federal financial assistance, private contributions to match on at least one-for-one basis funds made available by the Forest Service: Provided further, That the Foundation

may transfer Federal funds to a non-Federal recipient for a project

at the same rate that the recipient has obtained the non-Federal

matching funds: Provided further, That authorized investments of

Federal funds held by the Foundation may be made only in interestbearing obligations of the United States or in obligations guaranteed

as to both principal and interest by the United States.

Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000

of the funds available to the Forest Service shall be advanced

to the National Fish and Wildlife Foundation in a lump sum to

aid cost-share conservation projects, without regard to when

expenses are incurred, on or benefitting National Forest System

lands or related to Forest Service programs: Provided, That such

funds shall be matched on at least a one-for-one basis by the

Foundation or its subrecipients.

Funds appropriated to the Forest Service shall be available

for interactions with and providing technical assistance to rural

communities for sustainable rural development purposes.

Funds appropriated to the Forest Service shall be available

for payments to counties within the Columbia River Gorge National

Scenic Area, pursuant to sections 14(c)(1) and (2), and section

16(a)(2) of Public Law 99–663.

Notwithstanding any other provision of law, any appropriations

or funds available to the Forest Service not to exceed $500,000

may be used to reimburse the Office of the General Counsel (OGC),

Department of Agriculture, for travel and related expenses incurred

as a result of OGC assistance or participation requested by the

Forest Service at meetings, training sessions, management reviews,

land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and

the Department of Agriculture should clearly display the sums

previously transferred and the requested funding transfers.

Any appropriations or funds available to the Forest Service

may be used for necessary expenses in the event of law enforcement

emergencies as necessary to protect natural resources and public

or employee safety: Provided, That such amounts shall not exceed

$500,000.

An eligible individual who is employed in any project funded

under title V of the Older American Act of 1965 (42 U.S.C. 3056

et seq.) and administered by the Forest Service shall be considered

to be a Federal employee for purposes of chapter 171 of title 28,

United States Code.

Any funds appropriated to the Forest Service may be used

to meet the non-Federal share requirement in section 502(c) of

the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).

For each fiscal year through 2009, funds available to the Forest

Service in this Act may be used for the purpose of expenses associated with primary and secondary schooling for dependents of agency

personnel stationed in Puerto Rico prior to the date of enactment

of this Act, who are subject to transfer and reassignment to other

locations in the United States, at a cost not in excess of those

16 USC 583j–9

note.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 539

authorized for the Department of Defense for the same area, when

it is determined by the Chief of the Forest Service that public

schools available in the locality are unable to provide adequately

for the education of such dependents.

Funds available to the Forest Service, not to exceed

$35,000,000, shall be assessed for the purpose of performing facilities maintenance. Such assessments shall occur using a square

foot rate charged on the same basis the agency uses to assess

programs for payment of rent, utilities, and other support services.

In support of management of the National Wildlife Refuge

System, Lot 6C of United States Survey 2538–A, containing 2.39

acres and the residential triplex situated thereon, located in Kodiak,

Alaska, is hereby transferred from the USDA Forest Service to

the U.S. Fish and Wildlife Service.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health

Care Improvement Act, and titles II and III of the Public Health

Service Act with respect to the Indian Health Service,

$2,732,298,000, together with payments received during the fiscal

year pursuant to 42 U.S.C. 238(b) for services furnished by the

Indian Health Service: Provided, That funds made available to

tribes and tribal organizations through contracts, grant agreements,

or any other agreements or compacts authorized by the Indian

Self-Determination and Education Assistance Act of 1975 (25 U.S.C.

450), shall be deemed to be obligated at the time of the grant

or contract award and thereafter shall remain available to the

tribe or tribal organization without fiscal year limitation: Provided

further, That up to $18,000,000 shall remain available until

expended, for the Indian Catastrophic Health Emergency Fund:

Provided further, That $507,021,000 for contract medical care shall

remain available for obligation until September 30, 2007: Provided

further, That of the funds provided, up to $27,000,000, to remain

available until expended, shall be used to carry out the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That funds provided in this Act may

be used for one-year contracts and grants which are to be performed

in two fiscal years, so long as the total obligation is recorded

in the year for which the funds are appropriated: Provided further,

That the amounts collected by the Secretary of Health and Human

Services under the authority of title IV of the Indian Health Care

Improvement Act shall remain available until expended for the

purpose of achieving compliance with the applicable conditions and

requirements of titles XVIII and XIX of the Social Security Act

(exclusive of planning, design, or construction of new facilities):

Provided further, That funding contained herein, and in any earlier

appropriations Acts for scholarship programs under the Indian

Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended: Provided further, That amounts received by

tribes and tribal organizations under title IV of the Indian Health

Care Improvement Act shall be reported and accounted for and

available to the receiving tribes and tribal organizations until

Reports.

Records.

119 STAT. 540 PUBLIC LAW 109–54—AUG. 2, 2005

expended: Provided further, That, notwithstanding any other provision of law, of the amounts provided herein, not to exceed

$268,683,000 shall be for payments to tribes and tribal organizations for contract or grant support costs associated with contracts,

grants, self-governance compacts or annual funding agreements

between the Indian Health Service and a tribe or tribal organization

pursuant to the Indian Self-Determination Act of 1975, as amended,

prior to or during fiscal year 2006, of which not to exceed $5,000,000

may be used for contract support costs associated with new or

expanded self-determination contracts, grants, self-governance compacts or annual funding agreements: Provided further, That the

Bureau of Indian Affairs may collect from the Indian Health Service

and tribes and tribal organizations operating health facilities pursuant to Public Law 93–638 such individually identifiable health

information relating to disabled children as may be necessary for

the purpose of carrying out its functions under the Individuals

with Disabilities Education Act, 20 U.S.C. 1400, et seq.: Provided

further, That of the amounts provided to the Indian Health Service, $15,000,000 is provided for alcohol control, enforcement, prevention,

treatment, sobriety and wellness, and education in Alaska, to be

distributed in accordance with the instruction provided in Senate

Report 109–80: Provided further, That none of the funds may be

used for tribal courts or tribal ordinance programs or any program

that is not directly related to alcohol control, enforcement, prevention, treatment, or sobriety: Provided further, That no more than

15 percent may be used by any entity receiving funding for administrative overhead including indirect costs.

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters

for personnel; preparation of plans, specifications, and drawings;

acquisition of sites, purchase and erection of modular buildings,

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act,

and for expenses necessary to carry out such Acts and titles II

and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health

Service, $358,485,000, to remain available until expended: Provided,

That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health

facilities for the benefit of an Indian tribe or tribes may be used

to purchase land for sites to construct, improve, or enlarge health

or related facilities: Provided further, That not to exceed $500,000

shall be used by the Indian Health Service to purchase TRANSAM

equipment from the Department of Defense for distribution to the

Indian Health Service and tribal facilities: Provided further, That

none of the funds appropriated to the Indian Health Service may

be used for sanitation facilities construction for new homes funded

with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That

not to exceed $1,000,000 from this account and the ‘‘Indian Health

Services’’ account shall be used by the Indian Health Service to

obtain ambulances for the Indian Health Service and tribal facilities

in conjunction with an existing interagency agreement between

Alaska.

Alcohol and

alcohol abuse.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 541

the Indian Health Service and the General Services Administration:

Provided further, That notwithstanding any other provision of law,

the Indian Health Service is authorized to construct a replacement

health care facility in Nome, Alaska, on land owned by the Norton

Sound Health Corporation: Provided further, That not to exceed

$500,000 shall be placed in a Demolition Fund, available until

expended, to be used by the Indian Health Service for demolition

of Federal buildings.

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall

be available for services as authorized by 5 U.S.C. 3109 but at

rates not to exceed the per diem rate equivalent to the maximum

rate payable for senior-level positions under 5 U.S.C. 5376; hire

of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of

modular buildings and renovation of existing facilities; payments

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms

or allowances therefor as authorized by 5 U.S.C. 5901–5902; and

for expenses of attendance at meetings which are concerned with

the functions or activities for which the appropriation is made

or which will contribute to improved conduct, supervision, or

management of those functions or activities.

In accordance with the provisions of the Indian Health Care

Improvement Act, non-Indian patients may be extended health

care at all tribally administered or Indian Health Service facilities,

subject to charges, and the proceeds along with funds recovered

under the Federal Medical Care Recovery Act (42 U.S.C. 2651–

2653) shall be credited to the account of the facility providing

the service and shall be available without fiscal year limitation.

Notwithstanding any other law or regulation, funds transferred

from the Department of Housing and Urban Development to the

Indian Health Service shall be administered under Public Law

86–121 (the Indian Sanitation Facilities Act) and Public Law 93–

638, as amended.

Funds appropriated to the Indian Health Service in this Act,

except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing

Federal travel and transportation.

None of the funds made available to the Indian Health Service

in this Act shall be used for any assessments or charges by the

Department of Health and Human Services unless identified in

the budget justification and provided in this Act, or approved by

the House and Senate Committees on Appropriations through the

reprogramming process. Personnel ceilings may not be imposed

on the Indian Health Service nor may any action be taken to

reduce the full time equivalent level of the Indian Health Service

below the level in fiscal year 2002 adjusted upward for the staffing

of new and expanded facilities, funding provided for staffing at

the Lawton, Oklahoma hospital in fiscal years 2003 and 2004,

critical positions not filled in fiscal year 2002, and staffing necessary

to carry out the intent of Congress with regard to program increases.

Notwithstanding any other provision of law, funds previously

or herein made available to a tribe or tribal organization through

a contract, grant, or agreement authorized by title I or title V

of the Indian Self-Determination and Education Assistance Act

119 STAT. 542 PUBLIC LAW 109–54—AUG. 2, 2005

of 1975 (25 U.S.C. 450), may be deobligated and reobligated to

a self-determination contract under title I, or a self-governance

agreement under title V of such Act and thereafter shall remain

available to the tribe or tribal organization without fiscal year

limitation.

None of the funds made available to the Indian Health Service

in this Act shall be used to implement the final rule published

in the Federal Register on September 16, 1987, by the Department

of Health and Human Services, relating to the eligibility for the

health care services of the Indian Health Service until the Indian

Health Service has submitted a budget request reflecting the

increased costs associated with the proposed final rule, and such

request has been included in an appropriations Act and enacted

into law.

With respect to functions transferred by the Indian Health

Service to tribes or tribal organizations, the Indian Health Service

is authorized to provide goods and services to those entities, on

a reimbursable basis, including payment in advance with subsequent adjustment. The reimbursements received therefrom, along

with the funds received from those entities pursuant to the Indian

Self-Determination Act, may be credited to the same or subsequent

appropriation account which provided the funding. Such amounts

shall remain available until expended.

Reimbursements for training, technical assistance, or services

provided by the Indian Health Service will contain total costs,

including direct, administrative, and overhead associated with the

provision of goods, services, or technical assistance.

The appropriation structure for the Indian Health Service may

not be altered without advance notification to the House and Senate

Committees on Appropriations.

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g)

of the Superfund Amendments and Reauthorization Act of 1986,

$80,289,000.

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances

and Disease Registry (ATSDR) in carrying out activities set forth

in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and

section 3019 of the Solid Waste Disposal Act, as amended,

$76,024,000, of which up to $1,500,000, to remain available until

expended, is for Individual Learning Accounts for full-time equivalent employees of the Agency for Toxic Substances and Disease

Registry: Provided, That notwithstanding any other provision of

law, in lieu of performing a health assessment under section

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 543

104(i)(6) of CERCLA, the Administrator of ATSDR may conduct

other appropriate health studies, evaluations, or activities,

including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care

providers: Provided further, That in performing any such health

assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section

104(i)(6)(A) of CERCLA: Provided further, That none of the funds

appropriated under this heading shall be available for ATSDR

to issue in excess of 40 toxicological profiles pursuant to section

104(i) of CERCLA during fiscal year 2006, and existing profiles

may be updated as necessary.

OTHER RELATED AGENCIES

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the

Council on Environmental Quality and Office of Environmental

Quality pursuant to the National Environmental Policy Act of 1969,

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official

reception and representation expenses, $2,717,000: Provided, That

notwithstanding section 202 of the National Environmental Policy

Act of 1970, the Council shall consist of one member, appointed

by the President, by and with the advice and consent of the Senate,

serving as chairman and exercising all powers, functions, and duties

of the Council.

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to

section 112(r)(6) of the Clean Air Act, as amended, including hire

of passenger vehicles, uniforms or allowances therefor, as authorized

by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C.

3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under

5 U.S.C. 5376, $9,200,000: Provided, That the Chemical Safety

and Hazard Investigation Board (Board) shall have not more than

three career Senior Executive Service positions: Provided further,

That notwithstanding any other provision of law, the individual

appointed to the position of Inspector General of the Environmental

Protection Agency (EPA) shall, by virtue of such appointment, also

hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector

General of the Board shall utilize personnel of the Office of Inspector

General of EPA in performing the duties of the Inspector General

of the Board, and shall not appoint any individuals to positions

within the Board.

5 USC app. 8G

note.

42 USC 4342

note.

119 STAT. 544 PUBLIC LAW 109–54—AUG. 2, 2005

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93–531, $8,601,000, to

remain available until expended: Provided, That funds provided

in this or any other appropriations Act are to be used to relocate

eligible individuals and groups including evictees from District 6,

Hopi-partitioned lands residents, those in significantly substandard

housing, and all others certified as eligible and not included in

the preceding categories: Provided further, That none of the funds

contained in this or any other Act may be used by the Office

of Navajo and Hopi Indian Relocation to evict any single Navajo

or Navajo family who, as of November 30, 1985, was physically

domiciled on the lands partitioned to the Hopi Tribe unless a

new or replacement home is provided for such household: Provided

further, That no relocatee will be provided with more than one

new or replacement home: Provided further, That the Office shall

relocate any certified eligible relocatees who have selected and

received an approved homesite on the Navajo reservation or selected

a replacement residence off the Navajo reservation or on the land

acquired pursuant to 25 U.S.C. 640d–10.

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska

Native Culture and Arts Development, as authorized by title XV

of Public Law 99–498, as amended (20 U.S.C. 56 part A), $6,300,000.

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as

authorized by law, including research in the fields of art, science,

and history; development, preservation, and documentation of the

National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of

information and publications; conduct of education, training, and

museum assistance programs; maintenance, alteration, operation,

lease (for terms not to exceed 30 years), and protection of buildings,

facilities, and approaches; not to exceed $100,000 for services as

authorized by 5 U.S.C. 3109; up to five replacement passenger

vehicles; purchase, rental, repair, and cleaning of uniforms for

employees, $524,281,000, of which not to exceed $10,992,000 for

the instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of African American History

and Culture, and the repatriation of skeletal remains program

shall remain available until expended; and of which $9,086,000

for the reopening of the Patent Office Building and for fellowships

and scholarly awards shall remain available until September 30,

2007; and including such funds as may be necessary to support

American overseas research centers and a total of $125,000 for

the Council of American Overseas Research Centers: Provided, That

funds appropriated herein are available for advance payments to

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 545

independent contractors performing research services or participating in official Smithsonian presentations: Provided further, That

the Smithsonian Institution may expend Federal appropriations

designated in this Act for lease or rent payments for long term

and swing space, as rent payable to the Smithsonian Institution,

and such rent payments may be deposited into the general trust

funds of the Institution to the extent that federally supported

activities are housed in the 900 H Street, N.W. building in the

District of Columbia: Provided further, That this use of Federal

appropriations shall not be construed as debt service, a Federal

guarantee of, a transfer of risk to, or an obligation of, the Federal

Government: Provided further, That no appropriated funds may

be used to service debt which is incurred to finance the costs

of acquiring the 900 H Street building or of planning, designing,

and constructing improvements to such building.

FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration

of facilities owned or occupied by the Smithsonian Institution, by

contract or otherwise, as authorized by section 2 of the Act of

August 22, 1949 (63 Stat. 623), and for construction, including

necessary personnel, $100,000,000, to remain available until

expended, of which not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109: Provided, That contracts awarded for environmental systems, protection systems, and repair or restoration of

facilities of the Smithsonian Institution may be negotiated with

selected contractors and awarded on the basis of contractor qualifications as well as price.

ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

None of the funds in this or any other Act may be used

to make any changes to the existing Smithsonian science programs

including closure of facilities, relocation of staff or redirection of

functions and programs without the advance approval of the House

and Senate Committees on Appropriations.

None of the funds in this or any other Act may be used

to initiate the design for any proposed expansion of current space

or new facility without consultation with the House and Senate

Appropriations Committees.

None of the funds in this or any other Act may be used

for the Holt House located at the National Zoological Park in

Washington, D.C., unless identified as repairs to minimize water

damage, monitor structure movement, or provide interim structural

support.

None of the funds available to the Smithsonian may be

reprogrammed without the advance approval of the House and

Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the statement of the managers accompanying this Act.

None of the funds in this or any other Act may be used

to purchase any additional buildings without prior consultation

with the House and Senate Committees on Appropriations.

119 STAT. 546 PUBLIC LAW 109–54—AUG. 2, 2005

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art,

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March

24, 1937 (50 Stat. 51), as amended by the public resolution of

April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),

including services as authorized by 5 U.S.C. 3109; payment in

advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose

publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair,

and cleaning of uniforms for guards, and uniforms, or allowances

therefor, for other employees as authorized by law (5 U.S.C. 5901–

5902); purchase or rental of devices and services for protecting

buildings and contents thereof, and maintenance, alteration,

improvement, and repair of buildings, approaches, and grounds;

and purchase of services for restoration and repair of works of

art for the National Gallery of Art by contracts made, without

advertising, with individuals, firms, or organizations at such rates

or prices and under such terms and conditions as the Gallery

may deem proper, $96,600,000, of which not to exceed $3,157,000

for the special exhibition program shall remain available until

expended.

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation

of buildings, grounds and facilities owned or occupied by the

National Gallery of Art, by contract or otherwise, as authorized,

$16,200,000, to remain available until expended: Provided, That

contracts awarded for environmental systems, protection systems,

and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded

on the basis of contractor qualifications as well as price: Provided

further, That, notwithstanding any other provision of law, a single

procurement for the Master Facilities Plan renovation project at

the National Gallery of Art may be issued which includes the

full scope of the Work Area #3 project: Provided further, That

the solicitation and the contract shall contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232.18.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and

security of the John F. Kennedy Center for the Performing Arts,

$17,800,000.

CONSTRUCTION

For necessary expenses for capital repair and restoration of

the existing features of the building and site of the John F. Kennedy

Center for the Performing Arts, $13,000,000, to remain available

until expended.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 547

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including

hire of passenger vehicles and services as authorized by 5 U.S.C.

3109, $9,201,000.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation

on the Arts and the Humanities Act of 1965, as amended,

$126,264,000 shall be available to the National Endowment for

the Arts for the support of projects and productions in the arts

through assistance to organizations and individuals pursuant to

sections 5(c) and 5(g) of the Act, including $17,922,000 for support

of arts education and public outreach activities through the Challenge America program, for program support, and for administering

the functions of the Act, to remain available until expended: Provided, That funds previously appropriated to the National Endowment for the Arts ‘‘Matching Grants’’ account and ‘‘Challenge

America’’ account may be transferred to and merged with this

account: Provided further, That funds appropriated herein shall

be expended in accordance with sections 309 and 311 of Public

Law 108–108.

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation

on the Arts and the Humanities Act of 1965, as amended,

$127,605,000, shall be available to the National Endowment for

the Humanities for support of activities in the humanities, pursuant

to section 7(c) of the Act, and for administering the functions

of the Act, to remain available until expended.

MATCHING GRANTS

To carry out the provisions of section 10(a)(2) of the National

Foundation on the Arts and the Humanities Act of 1965, as

amended, $15,449,000, to remain available until expended, of which

$10,000,000 shall be available to the National Endowment for the

Humanities for the purposes of section 7(h): Provided, That this

appropriation shall be available for obligation only in such amounts

as may be equal to the total amounts of gifts, bequests, and devises

of money, and other property accepted by the chairman or by

grantees of the Endowment under the provisions of subsections

11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal

years for which equal amounts have not previously been appropriated.

119 STAT. 548 PUBLIC LAW 109–54—AUG. 2, 2005

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation

on the Arts and the Humanities may be used to process any grant

or contract documents which do not include the text of 18 U.S.C.

1913: Provided, That none of the funds appropriated to the National

Foundation on the Arts and the Humanities may be used for official

reception and representation expenses: Provided further, That funds

from nonappropriated sources may be used as necessary for official

reception and representation expenses: Provided further, That the

Chairperson of the National Endowment for the Arts may approve

grants up to $10,000, if in the aggregate this amount does not

exceed 5 percent of the sums appropriated for grant-making purposes per year: Provided further, That such small grant actions

are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the

Chairperson.

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $1,893,000: Provided, That the

Commission is authorized to charge fees to cover the full costs

of its publications, and such fees shall be credited to this account

as an offsetting collection, to remain available until expended without further appropriation.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190

(20 U.S.C. 956a), as amended, $7,250,000.

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic

Preservation (Public Law 89–665, as amended), $4,860,000: Provided, That none of these funds shall be available for compensation

of level V of the Executive Schedule or higher positions.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital

Planning Act of 1952 (40 U.S.C. 71–71i), including services as

authorized by 5 U.S.C. 3109, $8,244,000: Provided, That one-quarter

of 1 percent of the funds provided under this heading may be

used for official reception and representational expenses associated

with hosting international visitors engaged in the planning and

physical development of world capitals.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 549

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized

by Public Law 106–292 (36 U.S.C. 2301–2310), $42,780,000, of

which $1,874,000 for the museum’s repair and rehabilitation program and $1,246,000 for the museum’s exhibition design and

production program shall remain available until expended.

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus Parks and Public Lands Management Act of 1996, $20,000,000

shall be available to the Presidio Trust, to remain available until

expended.

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

SALARIES AND EXPENSES

For necessary expenses of the White House Commission on

the National Moment of Remembrance, $250,000.

TITLE IV—GENERAL PROVISIONS

SEC. 401. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under

existing law, or under existing Executive order issued pursuant

to existing law.

SEC. 402. No part of any appropriation contained in this Act

shall be available for any activity or the publication or distribution

of literature that in any way tends to promote public support

or opposition to any legislative proposal on which Congressional

action is not complete other than to communicate to Members

of Congress as described in 18 U.S.C. 1913.

SEC. 403. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 404. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal

cook, chauffeur, or other personal servants to any officer or

employee of such department or agency except as otherwise provided

by law.

SEC. 405. Estimated overhead charges, deductions, reserves

or holdbacks from programs, projects, activities and subactivities

to support government-wide, departmental, agency or bureau

administrative functions or headquarters, regional or central operations shall be presented in annual budget justifications and subject

to approval by the Committees on Appropriations. Changes to such

estimates shall be presented to the Committees on Appropriations

for approval.

Contracts.

Public

information.

119 STAT. 550 PUBLIC LAW 109–54—AUG. 2, 2005

SEC. 406. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government except pursuant to a transfer made

by, or transfer provided in, this Act or any other Act.

SEC. 407. None of the funds in this Act may be used to plan,

prepare, or offer for sale timber from trees classified as giant

sequoia (Sequoiadendron giganteum) which are located on National

Forest System or Bureau of Land Management lands in a manner

different than such sales were conducted in fiscal year 2005.

SEC. 408. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall

be obligated or expended to accept or process applications for a

patent for any mining or mill site claim located under the general

mining laws.

(b) EXCEPTIONS.—The provisions of subsection (a) shall not

apply if the Secretary of the Interior determines that, for the

claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements

established under sections 2325 and 2326 of the Revised Statutes

(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329,

2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36,

and 37) for placer claims, and section 2337 of the Revised Statutes

(30 U.S.C. 42) for mill site claims, as the case may be, were

fully complied with by the applicant by that date.

(c) REPORT.—On September 30, 2006, the Secretary of the

Interior shall file with the House and Senate Committees on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources

of the Senate a report on actions taken by the Department under

the plan submitted pursuant to section 314(c) of the Department

of the Interior and Related Agencies Appropriations Act, 1997

(Public Law 104–208).

(d) MINERAL EXAMINATIONS.—In order to process patent

applications in a timely and responsible manner, upon the request

of a patent applicant, the Secretary of the Interior shall allow

the applicant to fund a qualified third-party contractor to be selected

by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management

shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures

employed by the Bureau of Land Management in the retention

of third-party contractors.

SEC. 409. Notwithstanding any other provision of law, amounts

appropriated to or earmarked in committee reports for the Bureau

of Indian Affairs and the Indian Health Service by Public Laws

103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106–113,

106–291, 107–63, 108–7, 108–108, and 108–447 for payments to

tribes and tribal organizations for contract support costs associated

with self-determination or self-governance contracts, grants, compacts, or annual funding agreements with the Bureau of Indian

Affairs or the Indian Health Service as funded by such Acts, are

the total amounts available for fiscal years 1994 through 2005

for such purposes, except that, for the Bureau of Indian Affairs,

tribes and tribal organizations may use their tribal priority allocations for unmet contract support costs of ongoing contracts, grants,

self-governance compacts or annual funding agreements.

Contracts.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 551

SEC. 410. The National Endowment for the Arts and the

National Endowment for the Humanities are hereafter authorized

to solicit, accept, receive, and invest in the name of the United

States, gifts, bequests, or devises of money and other property

or services and to use such in furtherance of the functions of

the National Endowment for the Arts and the National Endowment

for the Humanities. Any proceeds from such gifts, bequests, or

devises, after acceptance by the National Endowment for the Arts

or the National Endowment for the Humanities, shall be paid

by the donor or the representative of the donor to the Chairman.

The Chairman shall enter the proceeds in a special interest-bearing

account to the credit of the appropriate endowment for the purposes

specified in each case.

SEC. 411. No part of any appropriation contained in this Act

shall be expended or obligated to complete and issue the 5-year

program under the Forest and Rangeland Renewable Resources

Planning Act.

SEC. 412. Section 3(a) of the Act of June 9, 1930 (commonly

known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is

amended—

(1) by striking ‘‘or’’ following ‘‘stand of timber,’’ in (3);

and

(2) by striking the period following ‘‘wildlife habitat

management’’ in (4), and inserting ‘‘, or (5) watershed restoration, wildlife habitat improvement, control of insects, disease

and noxious weeds, community protection activities, and the

maintenance of forest roads, within the Forest Service region

in which the timber sale occurred: Provided, That such activities

may be performed through the use of contracts, forest product

sales, and cooperative agreements.’’.

SEC. 413. Amounts deposited during fiscal year 2005 in the

roads and trails fund provided for in the 14th paragraph under

the heading ‘‘FOREST SERVICE’’ of the Act of March 4, 1913

(37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of

Agriculture, without regard to the State in which the amounts

were derived, to repair or reconstruct roads, bridges, and trails

on National Forest System lands or to carry out and administer

projects to improve forest health conditions, which may include

the repair or reconstruction of roads, bridges, and trails on National

Forest System lands in the wildland-community interface where

there is an abnormally high risk of fire. The projects shall emphasize reducing risks to human safety and public health and property

and enhancing ecological functions, long-term forest productivity,

and biological integrity. The projects may be completed in a subsequent fiscal year. Funds shall not be expended under this section

to replace funds which would otherwise appropriately be expended

from the timber salvage sale fund. Nothing in this section shall

be construed to exempt any project from any environmental law.

SEC. 414. Other than in emergency situations, none of the

funds in this Act may be used to operate telephone answering

machines during core business hours unless such answering

machines include an option that enables callers to reach promptly

an individual on-duty with the agency being contacted.

SEC. 415. Prior to October 1, 2006, the Secretary of Agriculture

shall not be considered to be in violation of subparagraph 6(f)(5)(A)

of the Forest and Rangeland Renewable Resources Planning Act

of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years

16 USC 1604

note.

20 USC 959a.

119 STAT. 552 PUBLIC LAW 109–54—AUG. 2, 2005

have passed without revision of the plan for a unit of the National

Forest System. Nothing in this section exempts the Secretary from

any other requirement of the Forest and Rangeland Renewable

Resources Planning Act (16 U.S.C. 1600 et seq.) or any other

law: Provided, That if the Secretary is not acting expeditiously

and in good faith, within the funding available, to revise a plan

for a unit of the National Forest System, this section shall be

void with respect to such plan and a court of proper jurisdiction

may order completion of the plan on an accelerated basis.

SEC. 416. No timber sale in Region 10 shall be advertised

if the indicated rate is deficit when appraised using a residual

value approach that assigns domestic Alaska values for western

redcedar. Program accomplishments shall be based on volume sold.

Should Region 10 sell, in the current fiscal year, the annual average

portion of the decadal allowable sale quantity called for in the

current Tongass Land Management Plan in sales which are not

deficit when appraised using a residual value approach that assigns

domestic Alaska values for western redcedar, all of the western

redcedar timber from those sales which is surplus to the needs

of domestic processors in Alaska, shall be made available to

domestic processors in the contiguous 48 United States at prevailing

domestic prices. Should Region 10 sell, in the current fiscal year,

less than the annual average portion of the decadal allowable

sale quantity called for in the Tongass Land Management Plan

in sales which are not deficit when appraised using a residual

value approach that assigns domestic Alaska values for western

redcedar, the volume of western redcedar timber available to

domestic processors at prevailing domestic prices in the contiguous

48 United States shall be that volume: (1) which is surplus to

the needs of domestic processors in Alaska; and (2) is that percent

of the surplus western redcedar volume determined by calculating

the ratio of the total timber volume which has been sold on the

Tongass to the annual average portion of the decadal allowable

sale quantity called for in the current Tongass Land Management

Plan. The percentage shall be calculated by Region 10 on a rolling

basis as each sale is sold (for purposes of this amendment, a

‘‘rolling basis’’ shall mean that the determination of how much

western redcedar is eligible for sale to various markets shall be

made at the time each sale is awarded). Western redcedar shall

be deemed ‘‘surplus to the needs of domestic processors in Alaska’’

when the timber sale holder has presented to the Forest Service

documentation of the inability to sell western redcedar logs from

a given sale to domestic Alaska processors at a price equal to

or greater than the log selling value stated in the contract. All

additional western redcedar volume not sold to Alaska or contiguous

48 United States domestic processors may be exported to foreign

markets at the election of the timber sale holder. All Alaska yellow

cedar may be sold at prevailing export prices at the election of

the timber sale holder.

SEC. 417. No funds provided in this Act may be expended

to conduct preleasing, leasing and related activities under either

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the

boundaries of a National Monument established pursuant to the

Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary

existed on January 20, 2001, except where such activities are

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 553

allowed under the Presidential proclamation establishing such

monument.

SEC. 418. In entering into agreements with foreign countries

pursuant to the Wildfire Suppression Assistance Act (42 U.S.C.

1856m) the Secretary of Agriculture and the Secretary of the

Interior are authorized to enter into reciprocal agreements in which

the individuals furnished under said agreements to provide wildfire

services are considered, for purposes of tort liability, employees

of the country receiving said services when the individuals are

engaged in fire suppression: Provided, That the Secretary of Agriculture or the Secretary of the Interior shall not enter into any

agreement under this provision unless the foreign country (either

directly or through its fire organization) agrees to assume any

and all liability for the acts or omissions of American firefighters

engaged in firefighting in a foreign country: Provided further, That

when an agreement is reached for furnishing fire fighting services,

the only remedies for acts or omissions committed while fighting

fires shall be those provided under the laws of the host country,

and those remedies shall be the exclusive remedies for any claim

arising out of fighting fires in a foreign country: Provided further,

That neither the sending country nor any legal organization associated with the firefighter shall be subject to any legal action whatsoever pertaining to or arising out of the firefighter’s role in fire

suppression.

SEC. 419. Notwithstanding any other provision of law or regulation, to promote the more efficient use of the health care funding

allocation for fiscal year 2006, the Eagle Butte Service Unit of

the Indian Health Service, at the request of the Cheyenne River

Sioux Tribe, may pay base salary rates to health professionals

up to the highest grade and step available to a physician, pharmacist, or other health professional and may pay a recruitment

or retention bonus of up to 25 percent above the base pay rate.

SEC. 420. In awarding a Federal contract with funds made

available by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the

Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating

bids and proposals, give consideration to local contractors who are

from, and who provide employment and training for, dislocated

and displaced workers in an economically disadvantaged rural

community, including those historically timber-dependent areas

that have been affected by reduced timber harvesting on Federal

lands and other forest-dependent rural communities isolated from

significant alternative employment opportunities: Provided, That

notwithstanding Federal Government procurement and contracting

laws the Secretaries may award contracts, grants or cooperative

agreements to local non-profit entities, Youth Conservation Corps

or related partnerships with State, local or non-profit youth groups,

or small or micro-business or disadvantaged business: Provided

further, That the contract, grant, or cooperative agreement is for

forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish population monitoring, or

habitat restoration or management: Provided further, That the

terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall

have the same meanings as in section 2374 of Public Law 101–

624: Provided further, That the Secretaries shall develop guidance

to implement this section: Provided further, That nothing in this

section shall be construed as relieving the Secretaries of any duty

Guidelines.

119 STAT. 554 PUBLIC LAW 109–54—AUG. 2, 2005

under applicable procurement laws, except as provided in this section.

SEC. 421. No funds appropriated in this Act for the acquisition

of lands or interests in lands may be expended for the filing of

declarations of taking or complaints in condemnation without the

approval of the House and Senate Committees on Appropriations:

Provided, That this provision shall not apply to funds appropriated

to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance

to the State of Florida to acquire lands for Everglades restoration

purposes.

SEC. 422. (a) LIMITATION ON COMPETITIVE SOURCING STUDIES.— (1) Of the funds made available by this or any other Act

to the Department of the Interior for fiscal year 2006, not

more than $3,450,000 may be used by the Secretary of the

Interior to initiate or continue competitive sourcing studies

in fiscal year 2006 for programs, projects, and activities for

which funds are appropriated by this Act until such time as

the Secretary concerned submits a reprogramming proposal

to the Committees on Appropriations of the Senate and the

House of Representatives, and such proposal has been processed

consistent with the reprogramming guidelines included in the

report accompanying this Act.

(2) Of the funds appropriated by this Act, not more than $3,000,000 may be used in fiscal year 2006 for competitive

sourcing studies and related activities by the Forest Service.

(b) COMPETITIVE SOURCING STUDY DEFINED.—In this section,

the term ‘‘competitive sourcing study’’ means a study on subjecting

work performed by Federal Government employees or private contractors to public-private competition or on converting the Federal

Government employees or the work performed by such employees

to private contractor performance under the Office of Management

and Budget Circular A–76 or any other administrative regulation,

directive, or policy.

(c) COMPETITIVE SOURCING EXEMPTION FOR FOREST SERVICE

STUDIES CONDUCTED PRIOR TO FISCAL YEAR 2006.—The Forest

Service is hereby exempted from implementing the Letter of Obligation and post-competition accountability guidelines where a competitive sourcing study involved 65 or fewer full-time equivalents, the

performance decision was made in favor of the agency provider;

no net savings was achieved by conducting the study, and the

study was completed prior to the date of this Act.

(d) In preparing any reports to the Committees on Appropriations on competitive sourcing activities, agencies funded in this

Act shall include the incremental cost directly attributable to conducting the competitive sourcing competitions, including costs

attributable to paying outside consultants and contractors and,

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.

(e) In carrying out any competitive sourcing study involving

Forest Service employees, the Secretary of Agriculture shall—

(1) determine whether any of the employees concerned

are also qualified to participate in wildland fire management

activities; and

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 555

(2) take into consideration the effect that contracting with

a private sector source would have on the ability of the Forest

Service to effectively and efficiently fight and manage wildfires.

SEC. 423. None of the funds in this Act or prior Acts making

appropriations for the Department of the Interior and Related Agencies may be provided to the managing partners or their agents

for the SAFECOM or Disaster Management projects.

SEC. 424. (a) IN GENERAL.—An entity that enters into a contract

with the United States to operate the National Recreation Reservation Service (as solicited by the solicitation numbered WO–04–

06vm) shall not carry out any duties under the contract using:

(1) a contact center located outside the United States;

or

(2) a reservation agent who does not live in the United

States.

(b) NO WAIVER.—The Secretary of Agriculture may not waive

the requirements of subsection (a).

(c) TELECOMMUTING.—A reservation agent who is carrying out

duties under the contract described in subsection (a) may not telecommute from a location outside the United States.

(d) LIMITATIONS.—Nothing in this Act shall be construed to

apply to any employee of the entity who is not a reservation agent

carrying out the duties under the contract described in subsection

(a) or who provides managerial or support services.

SEC. 425. Section 331 of the Department of the Interior and

Related Agencies Appropriations Act, 2000 (as enacted into law

by section 1000(a)(3) of Public Law 106–113; 113 Stat. 1501A–

196; 16 U.S.C. 497 note), as amended, is amended—

(1) in subsection (a) by striking ‘‘2005’’ and inserting ‘‘2006’’;

and

(2) in subsection (b) by striking ‘‘2005’’ and inserting ‘‘2006’’.

SEC. 426. Section 321 of the Department of the Interior and

Related Agencies Appropriations Act, 2003 (division F of Public

Law 108–7; 117 Stat. 274; 16 U.S.C. 565a–1 note) is amended

by striking ‘‘September 30, 2005’’ and inserting ‘‘September 30,

2007’’.

SEC. 427. Section 5 of the Arts and Artifacts Indemnity Act

(20 U.S.C. 974) is amended—

(1) in subsection (b), by striking ‘‘$8,000,000,000’’ and

inserting ‘‘$10,000,000,000’’; and

(2) in subsection (c), by striking ‘‘$600,000,000’’ and

inserting ‘‘$1,200,000,000’’.

SEC. 428. Section 330 of the Department of the Interior and

Related Agencies Appropriations Act, 2001 (Public Law 106–291;

114 Stat. 996; 43 U.S.C. 1701 note), is amended—

(1) in the first sentence, by striking ‘‘2005’’ and inserting

‘‘2008’’;

(2) in the first sentence by striking ‘‘may pilot test agencywide joint permitting and leasing programs’’ and inserting after

‘‘Congress,’’ the following: ‘‘may establish pilot programs

involving the land management agencies referred to in this

section to conduct projects, planning, permitting, leasing, contracting and other activities, either jointly or on behalf of one

another; may co-locate in Federal offices and facilities leased

by an agency of either Department;’’;

119 STAT. 556 PUBLIC LAW 109–54—AUG. 2, 2005

(3) in the third sentence, by inserting ‘‘, National Park

Service, Fish and Wildlife Service,’’ after ‘‘Bureau of Land

Management’’; and

(4) by adding at the end the following new sentence: ‘‘To

facilitate the sharing of resources under the Service First initiative, the Secretaries of the Interior and Agriculture may make

transfers of funds and reimbursement of funds on an annual

basis, including transfers and reimbursements for multi-year

projects, except that this authority may not be used to circumvent requirements and limitations imposed on the use of

funds.’’.

SEC. 429. The Secretary of Agriculture may acquire, by

exchange or otherwise, a parcel of real property, including improvements thereon, of the Inland Valley Development Agency of San

Bernardino, California, or its successors and assigns, generally comprising Building No. 3 and Building No. 4 of the former Defense

Finance and Accounting Services complex located at the southwest

corner of Tippecanoe Avenue and Mill Street in San Bernardino,

California, adjacent to the former Norton Air Force Base. As full

consideration for the property to be acquired, the Secretary of

Agriculture may terminate the leasehold rights of the United States

received pursuant to section 8121(a)(2) of the Department of Defense

Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 999).

The acquisition of the property shall be on such terms and conditions as the Secretary of Agriculture considers appropriate and

may be carried out without appraisals, environmental or administrative surveys, consultations, analyses, or other considerations of

the condition of the property.

SEC. 430. None of the funds in this Act may be used to prepare

or issue a permit or lease for oil or gas drilling in the Finger

Lakes National Forest, New York, during fiscal year 2006.

SEC. 431. (a) IN GENERAL.—

(1) The Secretary of Agriculture and the Secretary of the

Interior are authorized to make grants to the Eastern Nevada

Landscape Coalition for the study and restoration of rangeland

and other lands in Nevada’s Great Basin in order to help

assure the reduction of hazardous fuels and for related purposes.

(2) Notwithstanding 31 U.S.C. 6301–6308, the Director of

the Bureau of Land Management may enter into a cooperative

agreement with the Eastern Nevada Landscape Coalition for

the Great Basin Restoration Project, including hazardous fuels

and mechanical treatments and related work.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as are necessary to carry out this

section.

SEC. 432. (a) Section 108(g) of the Valles Caldera Preservation

Act (16 U.S.C. 698v–6(g)) is amended—

(1) in the first sentence, by striking ‘‘The Secretary’’ and

inserting the following:

‘‘(1) LAW ENFORCEMENT.—

‘‘(A) IN GENERAL.—The Secretary’’;

(2) in the second sentence, by striking ‘‘The Trust’’ and

inserting the following:

‘‘(B) FEDERAL AGENCY.—The Trust’’; and

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 557

(3) by striking ‘‘At the request of the Trust’’ and all that

follows through the end of the subsection and inserting the

following:

‘‘(2) FIRE MANAGEMENT.—

‘‘(A) NON-REIMBURSABLE SERVICES.—

‘‘(i) DEVELOPMENT OF PLAN.—Subject to the availability of appropriations under section 111(a), the Secretary shall, in consultation with the Trust, develop

a plan to carry out fire preparedness, suppression,

and emergency rehabilitation services on the Preserve.

‘‘(ii) CONSISTENCY WITH MANAGEMENT PROGRAM.—

The plan shall be consistent with the management

program developed pursuant to subsection (d).

‘‘(iii) COOPERATIVE AGREEMENT.—To the extent

generally authorized at other units of the National

Forest System, the Secretary shall provide the services

to be carried out pursuant to the plan under a cooperative agreement entered into between the Secretary and

the Trust.

‘‘(B) REIMBURSABLE SERVICES.—To the extent generally

authorized at other units of the National Forest System

and subject to the availability of appropriations under section 111(a), the Secretary shall provide presuppression and

nonemergency rehabilitation and restoration services for

the Trust at any time on a reimbursable basis.’’.

(b) The amendments made by subsection (a) take effect as

of January 1, 2005.

SEC. 433. None of the funds made available to the Forest

Service under this Act shall be expended or obligated for the demolition of buildings at the Zephyr Shoals property, Lake Tahoe,

Nevada.

SEC. 434. Section 323(a) of the Department of the Interior

and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011

note; as contained in section 101(e) of Public Law 105–277), is

amended by striking ‘‘fiscal year 1999’’ and all that follows through

‘‘2005’’ and inserting ‘‘each of fiscal years 2006 through 2011’’.

SEC. 435. CONGRESSIONAL SECURITY RELATING TO CERTAIN

REAL PROPERTY. (a) IN GENERAL.—Except as provided under subsection (b)—

(1) the District of Columbia Board of Zoning Adjustments

and the District of Columbia Zoning Commission may not take

any action to grant any variance relating to the property located

at 51 Louisiana Avenue NW, Square 631, Lot 17 in the District

of Columbia; and

(2) if any variance described under paragraph (1) is granted

before the effective date of this section, such variance shall

be set aside and shall have no force or effect.

(b) CONDITIONS FOR VARIANCE.—A variance described under

subsection (a) may be granted or shall be given force or effect

if—

(1) the Capitol Police Board makes a determination that

any such variance shall not—

(A) negatively impact congressional security; and

(B) increase Federal expenditures relating to congressional security;

Effective date.

16 USC 698v–6

note.

119 STAT. 558 PUBLIC LAW 109–54—AUG. 2, 2005

(2) the Majority and Minority Leaders of the Senate and

the Speaker and Minority Leader of the House of Representatives approve such determination; and

(3) the Capitol Police Board certifies the determination

in writing to the District of Columbia Board of Zoning Adjustments and the District of Columbia Zoning Commission.

(c) EFFECTIVE DATE.—This section shall take effect on the date

of enactment of this Act and apply to the remaining portion of

the fiscal year in which enacted and each fiscal year thereafter.

SEC. 436. WISCONSIN NATIONAL FOREST ACQUISITION. (a)

PROSPECTIVE MANAGEMENT REQUIREMENTS.—The Secretary of Agriculture is authorized to acquire property located within Sections

1 and 2, Township 44 North, Range 4 West; Section 31, Township

45 North, Range 3 West; and Section 36, Township 45 North,

Range 4 West; Fourth Principal Meridian, Ashland County, State

of Wisconsin, and upon such acquisition, such lands shall be subject

to the special management requirements of subsection (b).

(b) SPECIAL MANAGEMENT.—Subject to valid existing rights of

record, upon acquisition by the Secretary of Agriculture of any

land referenced in subsection (a), that area of the land encompassed

within 300 feet of the ordinary high water mark of the Brunsweiler

River or Beaverdam Lake, whether or not the waterways are

impounded, shall be subject to the laws and regulations pertaining

to the National Forest System with the following management

emphasis:

(1) Enhancing the physical, biological, and cultural features

and values for public use, interpretation, research, and monitoring;

(2) Maintenance of the natural character of Brunsweiler

River, whether or not impounded; and

(3) Prohibition of structures, motorized use of trails, developed recreation facilities, and surface occupancy for mineral

exploration or extraction.

(c) NATIONAL FOREST BOUNDARIES.—Without further action by

the Secretary of Agriculture, the boundaries of the Chequamegon

National Forest are hereby expanded to encompass the lands referenced in subsection (a).

(d) SAVINGS PROVISION.—Nothing in this section shall be construed to prohibit the maintenance or reconstruction of the existing

dam on the Brunsweiler River, located within the area referenced

in subsection (a).

SEC. 437. In addition to amounts provided to the Department

of the Interior in this Act, $5,000,000 is provided for a grant

to Kendall County, Illinois.

SEC. 438. Section 344 of the Department of the Interior and

Related Agencies Appropriations Act, 2005 as contained in division

E of the Consolidated Appropriations Act, 2005 (Public Law 108–

447) is amended as follows:

(1) by striking ‘‘seven’’, ‘‘14910001,’’, and ‘‘, 14913007, and

14913008’’;

(2) by inserting ‘‘and’’ after ‘‘14913005,’’; and

(3) by striking all after ‘‘(2)’’ and inserting ‘‘immediately

transfer to the Alaska SeaLife Center for various acquisitions,

waterfront improvements and facilities that complement the

new Federal facility, any remaining balance of previously appropriated funds.’’.

118 Stat. 3105.

Certification.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 559

SEC. 439. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby

rescinded an amount equal to 0.476 percent of the budget authority

provided for fiscal year 2006 for any discretionary appropriation

in titles I through IV of this Act.

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—

(1) to each discretionary account and each item of budget

authority described in subsection (a); and

(2) within each such account and item, to each program,

project, and activity (with programs, projects, and activities

as delineated in the appropriation Act or accompanying reports

for the relevant fiscal year covering such account or item,

or for accounts and items not included in appropriation Acts,

as delineated in the most recently submitted President’s

budget).

(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the

heading ‘‘Bureau of Indian Affairs, Indian Land and Water Claim

Settlements and Miscellaneous Payments to Indians’’, the acrossthe-board rescission in this section, and any subsequent acrossthe-board rescission for fiscal year 2006, shall apply only to the

first dollar amount in the paragraph and the distribution of the

rescission shall be at the discretion of the Secretary of the Interior

who shall submit a report on such distribution and the rationale

therefor to the House and Senate Committees on Appropriations.

TITLE V—FOREST SERVICE FACILITY

REALIGNMENT AND ENHANCEMENT

SEC. 501. SHORT TITLE.

This title may be cited as the ‘‘Forest Service Facility Realignment and Enhancement Act of 2005’’.

SEC. 502. DEFINITIONS.

In this title:

(1) ADMINISTRATIVE SITE.—The term ‘‘administrative site’’

means—

(A) any facility or improvement, including curtilage,

that was acquired or is used specifically for purposes of

administration of the National Forest System;

(B) any Federal land associated with a facility or

improvement described in subparagraph (A) that was

acquired or is used specifically for purposes of administration of Forest Service activities and underlies or abuts

the facility or improvement; or

(C) not more than 10 isolated, undeveloped parcels

per fiscal year of not more than 40 acres each that were

acquired or used for purposes of administration of Forest

Service activities, but are not being so utilized, such as

vacant lots outside of the proclaimed boundary of a unit

of the National Forest System.

(2) FACILITY OR IMPROVEMENT.—The term ‘‘facility or

improvement’’ includes—

(A) a forest headquarters;

(B) a ranger station;

(C) a research station or laboratory;

(D) a dwelling;

16 USC 580d

note.

Forest Service

Facility

Realignment and

Enhancement

Act of 2005.

16 USC 580d

note.

Applicability.

Reports.

119 STAT. 560 PUBLIC LAW 109–54—AUG. 2, 2005

(E) a warehouse;

(F) a scaling station;

(G) a fire-retardant mixing station;

(H) a fire-lookout station;

(I) a guard station;

(J) a storage facility;

(K) a telecommunication facility; and

(L) other administrative installations for conducting

Forest Service activities.

(3) MARKET ANALYSIS.—The term ‘‘market analysis’’ means

the identification and study of the real estate market for a

particular economic good or service.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Agriculture.

SEC. 503. AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE

ADMINISTRATIVE SITES.

(a) CONVEYANCES AUTHORIZED.—In the manner provided by

this title, the Secretary may convey an administrative site, or

an interest in an administrative site, that is under the jurisdiction

of the Secretary.

(b) MEANS OF CONVEYANCE.—The conveyance of an administrative site under this title may be made—

(1) by sale;

(2) by lease;

(3) by exchange;

(4) by a combination of sale and exchange; or

(5) by such other means as the Secretary considers appropriate.

(c) SIZE OF CONVEYANCE.—An administrative site or compound

of administrative sites disposed of in a single conveyance under

this title may not exceed 40 acres.

(d) CERTAIN LANDS EXCLUDED.—The following Federal land

may not be conveyed under this title:

(1) Any land within a unit of the National Forest System

that is exclusively designated for natural area or recreational

purposes.

(2) Any land included within the National Wilderness

Preservation System, the Wild and Scenic River System, or

a National Monument.

(3) Any land that the Secretary determines—

(A) is needed for resource management purposes or

to provide access to other land or water;

(B) is surrounded by National Forest System land or

other publicly owned land, if conveyance would not be

in the public interest due to the creation of a non-Federal

inholding that would preclude the efficient management

of the surrounding land; or

(C) would be in the public interest to retain.

(e) CONGRESSIONAL NOTIFICATIONS.—

(1) NOTICE OF ANTICIPATED USE OF AUTHORITY.—As part

of the annual budget justification documents provided to the

Committee on Appropriations of the House of Representatives

and the Committee on Appropriations of the Senate, the Secretary shall include—

(A) a list of the anticipated conveyances to be made,

including the anticipated revenue that may be obtained,

16 USC 580d

note.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 561

using the authority provided by this title or other conveyance authorities available to the Secretary;

(B) a discussion of the intended purposes of any new

revenue obtained using this authority or other conveyance

authorities available to the Secretary, and a list of any

individual projects that exceed $500,000; and

(C) a presentation of accomplishments of previous years

using this authority or other conveyance authorities available to the Secretary.

(2) NOTICE OF CHANGES TO CONVEYANCE LIST.—If the Secretary proposes to convey an administrative site under this

title or using other conveyance authorities available to the

Secretary and the administrative site is not included on a

list provided under paragraph (1)(A), the Secretary shall submit

to the congressional committees specified in paragraph (3) written notice of the proposed conveyance, including the anticipated

revenue that may be obtained from the conveyance.

(3) NOTICE OF USE OF AUTHORITY.—At least once a year,

the Secretary shall submit to the Committee on Agriculture,

the Committee on Appropriations, and the Committee on

Resources of the House of Representatives and the Committee

on Agriculture, Nutrition, and Forestry, the Committee on

Appropriations, and the Committee on Energy and Natural

Resources of the Senate a report containing a description of

all conveyances of National Forest System land made by the

Secretary under this title or other conveyance authorities

during the period covered by the report.

(f) DURATION OF AUTHORITY.—The authority of the Secretary

to initiate the conveyance of an administrative site under this

title expires on September 30, 2008.

(g) REPEAL OF PILOT CONVEYANCE AUTHORITY.—Effective September 30, 2006, section 329 of the Department of the Interior

and Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d

note; Public Law 107–63), is repealed. Notwithstanding the repeal

of such section, the Secretary may complete the conveyance under

such section of any administrative site whose conveyance was initiated under such section before that date.

SEC. 504. CONVEYANCE REQUIREMENTS.

(a) CONFIGURATION OF ADMINISTRATIVE SITES.—

(1) CONFIGURATION.—To facilitate the conveyance of an

administrative site under this title, the Secretary may configure

the administrative site—

(A) to maximize the marketability of the administrative

site; and

(B) to achieve management objectives.

(2) SEPARATE TREATMENT OF FACILITY OR IMPROVEMENT.—

A facility or improvement on an administrative site to be conveyed under this title may be severed from the land and disposed of in a separate conveyance.

(3) RESERVATION OF INTERESTS.—In conveying an administrative site under this title, the Secretary may reserve such

right, title, and interest in and to the administrative site as

the Secretary determines to be necessary.

(b) CONSIDERATION.— (1) CONSIDERATION REQUIRED.—A person or entity

acquiring an administrative site under this title shall provide

16 USC 580d

note.

Effective date.

Expiration date.

Deadline.

Reports.

119 STAT. 562 PUBLIC LAW 109–54—AUG. 2, 2005

to the Secretary consideration in an amount that is at least

equal to the market value of the administrative site.

(2) FORM OF CONSIDERATION.—

(A) SALE.—Consideration for an administrative site

conveyed by sale under this title shall be paid in cash

on conveyance of the administrative site.

(B) EXCHANGE.—If the administrative site is conveyed

by exchange, the consideration shall be provided in the

form of a conveyance to the Secretary of land or improvements that are equal in market value to the conveyed

administrative site. If the market values are not equal,

the market values may be equalized by—

(i) the Secretary making a cash payment to the

person or entity acquiring the administrative site; or

(ii) the person or entity acquiring the administrative site making a cash equalization payment to the

Secretary.

(c) DETERMINATION OF MARKET VALUE.—The Secretary shall

determine the market value of an administrative site to be conveyed

under this title or of non-Federal land or improvements to be

provided as consideration in exchange for an administrative site—

(1) by conducting an appraisal that is performed in accordance with—

(A) the Uniform Appraisal Standards for Federal Land

Acquisitions, established in accordance with the Uniform

Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and

(B) the Uniform Standards of Professional Appraisal

Practice; or

(2) by competitive sale.

(d) RELATION TO OTHER LAWS.—

(1) FEDERAL PROPERTY DISPOSAL.—Subchapter I of chapter

5 of title 40, United States Code, shall not apply to the conveyance of an administrative site under this title.

(2) LAND EXCHANGES.—Section 206 of the Federal Land

Policy and Management Act (43 U.S.C. 1716) shall not apply

to the conveyance of an administrative site under this title

carried out by means of an exchange or combination of sale

and exchange.

(3) LEAD-BASED PAINT AND ASBESTOS ABATEMENT.—Notwithstanding any provision of law relating to the mitigation

or abatement of lead-based paint or asbestos-containing

building materials, the Secretary is not required to mitigate

or abate lead-based paint or asbestos-containing building materials with respect to an administrative site to be conveyed

under this title. However, if the administrative site has leadbased paint or asbestos-containing building materials, the Secretary shall—

(A) provide notice to the person or entity acquiring

the administrative site of the presence of the lead-based

paint or asbestos-containing building material; and

(B) obtain written assurance from the person or entity

acquiring the administrative site that the person or entity

will comply with applicable Federal, State, and local laws

relating to the management of the lead-based paint and

asbestos-containing building materials.

Notice.

PUBLIC LAW 109–54—AUG. 2, 2005 119 STAT. 563

(4) ENVIRONMENTAL REVIEW.—The National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to

the conveyance of administrative sites under this title, except

that, in any environmental review or analysis required under

such Act for the conveyance of an administrative site under

this title, the Secretary is only required to—

(A) analyze the most reasonably foreseeable use of

the administrative site, as determined through a market

analysis;

(B) determine whether or not to reserve any right,

title, or interest in the administrative site under subsection

(a)(3); and

(C) evaluate the alternative of not conveying the

administrative site, consistent with the National Environmental Policy Act of 1969.

(e) REJECTION OF OFFERS.—The Secretary shall reject any offer

made for the acquisition of an administrative site under this title

if the Secretary determines that the offer is—

(1) not adequate to cover the market value of the administrative site; or

(2) not otherwise in the public interest.

(f) CONSULTATION AND PUBLIC NOTICE.—As appropriate, the

Secretary is encouraged to work with the Administrator of the

General Services Administration with respect to the conveyance

of administrative sites under this title. Before making an administrative site available for conveyance under this title, the Secretary

shall consult with local governmental officials of the community

in which the administrative site is located and provide public notice

of the proposed conveyance.

SEC. 505. DISPOSITION OF PROCEEDS RECEIVED FROM ADMINISTRATIVE SITE CONVEYANCES.

(a) DEPOSIT.—The Secretary shall deposit in the fund established under Public Law 90–171 (commonly known as the Sisk

Act; 16 U.S.C. 484a) all of the proceeds from the conveyance of

an administrative site under this title.

(b) USE.—Amounts deposited under paragraph (1) shall be

available to the Secretary, until expended and without further

appropriation, to pay any necessary and incidental costs incurred

by the Secretary in connection with—

(1) the acquisition, improvement, maintenance, reconstruction, or construction of a facility or improvement for the

National Forest System; and

(2) the conveyance of administrative sites under this title,

including costs described in subsection (c).

(c) BROKERAGE SERVICES.—The Secretary may use the proceeds

from the conveyance of an administrative site under this title to

pay reasonable commissions or fees for brokerage services obtained

in connection with the conveyance if the Secretary determines that

the services are in the public interest. The Secretary shall provide

public notice of any brokerage services contract entered into in

connection with a conveyance under this title.

TITLE VI—VETERANS HEALTH CARE

SEC. 601. From any money in the Treasury not otherwise

appropriated, there is appropriated to the Department of Veterans

Affairs an additional amount for ‘‘Medical Services’’ of

16 USC 580d

note.

Applicability.

119 STAT. 564 PUBLIC LAW 109–54—AUG. 2, 2005

LEGISLATIVE HISTORY—H.R. 2361:

HOUSE REPORTS: Nos. 109–80 (Comm. on Appropriations) and 109–188

(Comm. of Conference).

SENATE REPORTS: No. 109–80 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 151 (2005):

May 19, considered and passed House.

June 24, 27–29, considered and passed Senate, amended.

July 28, House agreed to conference report.

July 29, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):

Aug. 2, Presidential statement.

Æ

$1,500,000,000, to be available for obligation upon enactment of

this Act and to remain available until September 30, 2006.

This Act may be cited as the ‘‘Department of the Interior,

Environment, and Related Agencies Appropriations Act, 2006’’.

Approved August 2, 2005.