```

[109th Congress Public Law 54]
[From the U.S. Government Printing Office]

[DOCID: f:publ054.109]

[[Page 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. <<NOTE: Aug. 2, 2005 -  [H.R. 2361]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
the Interior, Environment, and Related Agencies Appropriations Act, 
2006.>> 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 cost-shared projects supporting conservation of Bureau 
lands; and such funds shall be advanced to the Foundation as a lump sum 
grant without regard to when expenses are incurred.
    In addition, $32,696,000 is for Mining Law Administration program 
operations, including the cost of administering the mining claim fee 
program; to remain available until expended, to be reduced by amounts 
collected by the Bureau and credited to this appropriation from annual 
mining claim fees so as to result in a final appropriation estimated at 
not more than $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.

[[Page 119 STAT. 500]]

                        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: <<NOTE: Guidelines.>> 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

[[Page 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

[[Page 119 STAT. 502]]

equal to 50 percent of all moneys received during the prior fiscal year 
under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et 
seq.) and the amount designated for range improvements from grazing fees 
and mineral leasing receipts from Bankhead-Jones lands transferred to 
the Department of the Interior pursuant to law, but not less than 
$10,000,000, to remain available until expended: Provided, That not to 
exceed $600,000 shall be available for administrative expenses.

               service charges, deposits, and forfeitures

    For administrative expenses and other costs related to processing 
application documents and other authorizations for use and disposal of 
public lands and resources, for costs of providing copies of official 
public land documents, for monitoring construction, operation, and 
termination of facilities in conjunction with use authorizations, and 
for rehabilitation of damaged property, such amounts as may be collected 
under Public Law 94-579, as amended, and Public Law 93-153, to remain 
available until <<NOTE: 43 USC 1735 note.>> 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,

[[Page 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.

[[Page 119 STAT. 504]]

                            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.

[[Page 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) one-third 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

[[Page 119 STAT. 506]]

projects: Provided further, That the non-Federal share of such projects 
may not be derived from Federal grant 
programs: <<NOTE: Deadline.>> 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 
employment-related 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.

[[Page 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

[[Page 119 STAT. 508]]

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

[[Page 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 <<NOTE: 16 USC 460l-10a note.>> 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: <<NOTE: Ellis 
Island. Deadline. Reports.>> 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.

[[Page 119 STAT. 510]]

    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: <<NOTE: 43 USC 50.>> 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.

[[Page 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,

[[Page 119 STAT. 512]]

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: <<NOTE: 30 
USC 1758.>> 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, <<NOTE: 30 USC 1211 
note.>> 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

[[Page 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

[[Page 119 STAT. 514]]

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 Self-Determination Fund, land records improvement, and the 
Navajo-Hopi 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

[[Page 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

[[Page 119 STAT. 516]]

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. <<NOTE: Charter schools.>> 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 Bureau-funded 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

[[Page 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: <<NOTE: 48 USC 1469b.>> 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

[[Page 119 STAT. 518]]

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: <<NOTE: 42 USC 9607 
note.>> 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.

[[Page 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: <<NOTE: 25 USC 4011 note.>> 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: <<NOTE: Records.>> 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

[[Page 119 STAT. 520]]

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: <<NOTE: Reports. Deadlines.>> 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

[[Page 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 burned-over 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,

[[Page 119 STAT. 522]]

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.

[[Page 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. <<NOTE: Procedures.>> 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. <<NOTE: New Jersey. Ellis Island.>> 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 Master-Monitor, 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

[[Page 119 STAT. 524]]

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

[[Page 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. <<NOTE: New York. New Jersey.>> 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. <<NOTE: Mojave National Preserve.>> 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. <<NOTE: Applicability. Effective date.>> 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

[[Page 119 STAT. 526]]

            (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)) <<NOTE: 16 USC 460l-6a, 6812.>> 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) <<NOTE: Applicability. 16 USC 460l-6a note.>> 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) <<NOTE: Effective date. 16 USC 460l-6a note.>> 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) <<NOTE: Captain John Smith.>> 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.

[[Page 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 <<NOTE: 40 USC 8903 note.>> 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.

[[Page 119 STAT. 528]]

                        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.

[[Page 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: <<NOTE: Alaska. Deadline.>> 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

[[Page 119 STAT. 530]]

targeted watershed grants: <<NOTE: 42 USC 300j-12 note.>> 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: <<NOTE: 33 USC 
1377 note.>> 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 1\1/2\ 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: <<NOTE: 33 USC 1377 note.>> 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

[[Page 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 <<NOTE: Effective date. 15 USC 2666 note.>> 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. <<NOTE: Deadline. Public 
information. Regulations. Human dosing. Establishment.>> 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. <<NOTE: Deadline.>> 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

[[Page 119 STAT. 532]]

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. <<NOTE: Deadline. Publication.>> 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.

[[Page 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

[[Page 119 STAT. 534]]

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 non-Federal 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 non-Federal 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,

[[Page 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.

[[Page 119 STAT. 536]]

             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

[[Page 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

[[Page 119 STAT. 538]]

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: <<NOTE: 16 USC 
583j-9 note.>> Provided further, That authorized investments of Federal 
funds held by the Foundation may be made only in interest-bearing 
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

[[Page 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: <<NOTE: Reports. Records.>> 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

[[Page 119 STAT. 540]]

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.: <<NOTE: Alaska. Alcohol and alcohol abuse.>> 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 Self-Determination 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

[[Page 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

[[Page 119 STAT. 542]]

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

[[Page 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, <<NOTE: 42 USC 4342 note.>> 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: <<NOTE: 5 USC app. 8G note.>> 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.

[[Page 119 STAT. 544]]

               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

[[Page 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.

[[Page 119 STAT. 546]]

                         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.

[[Page 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.

[[Page 119 STAT. 548]]

                        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.

[[Page 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. <<NOTE: Contracts. Public information.>> 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.

[[Page 119 STAT. 550]]

    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 <<NOTE: Contracts.>> 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 third-party 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.

[[Page 119 STAT. 551]]

    Sec. 410. <<NOTE: 20 USC 959a.>> 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. <<NOTE: 16 USC 1604 note.>> 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

[[Page 119 STAT. 552]]

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

[[Page 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: <<NOTE: Guidelines.>> 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

[[Page 119 STAT. 554]]

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

[[Page 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 
        agency-wide 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;'';

[[Page 119 STAT. 556]]

            (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

[[Page 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) <<NOTE: Effective date. 16 USC 698v-6 note.>> 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;

[[Page 119 STAT. 558]]

            (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) <<NOTE: Certification.>> 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) <<NOTE: 118 
Stat. 3105.>> 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.''.

[[Page 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) <<NOTE: Applicability. Reports.>> 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 
across-the-board rescission in this section, and any subsequent across-
the-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 <<NOTE: Forest Service Facility Realignment and Enhancement Act of 
  2005. 16 USC 580d note.>> 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. <<NOTE: 16 USC 580d note.>> 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;

[[Page 119 STAT. 560]]

                    (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. <<NOTE: 16 USC 580d note.>> 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,

[[Page 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Expiration date.>> 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 <<NOTE: Effective date.>> 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. <<NOTE: 16 USC 580d note.>> 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

[[Page 119 STAT. 562]]

        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 lead-based paint 
        or asbestos-containing building materials, the Secretary shall--
                    (A) <<NOTE: Notice.>> 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.

[[Page 119 STAT. 563]]

            (4) <<NOTE: Applicability.>> 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. <<NOTE: 16 USC 580d note.>> 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

[[Page 119 STAT. 564]]

$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.

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.

                                  <all>
```