IIB 

★(Star Print) 

109TH CONGRESS 

2D SESSION H. R. 5386 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2006 

Received; read twice and referred to the Committee on Appropriations 

AN ACT 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2007, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Department of the Interior, environment, and related 

4 agencies for the fiscal year ending September 30, 2007, 

5 and for other purposes, namely: 

6 TITLE I—DEPARTMENT OF THE INTERIOR 

7 BUREAU OF LAND MANAGEMENT

8 MANAGEMENT OF LANDS AND RESOURCES

9 For necessary expenses for protection, use, improve10 ment, development, disposal, cadastral surveying, classi11 fication, acquisition of easements and other interests in 

12 lands, and performance of other functions, including main13 tenance of facilities, as authorized by law, in the manage14 ment of lands and their resources under the jurisdiction 

15 of the Bureau of Land Management, including the general 

16 administration of the Bureau, and assessment of mineral 

17 potential of public lands pursuant to Public Law 96–487 

18 (16 U.S.C. 3150(a)), $867,738,000 (reduced by $1) (in19 creased by $1), to remain available until expended, of 

20 which $1,250,000 is for high priority projects, to be car21 ried out by the Youth Conservation Corps; and of which 

22 $2,750,000 shall be available in fiscal year 2007 subject 

23 to a match by at least an equal amount by the National 

24 Fish and Wildlife Foundation for cost-shared projects sup25 porting conservation of Bureau lands; and such funds 


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

2 without regard to when expenses are incurred. 

3 In addition, $32,696,000 is for Mining Law Adminis4 tration program operations, including the cost of admin5 istering the mining claim fee program; to remain available 

6 until expended, to be reduced by amounts collected by the 

7 Bureau and credited to this appropriation from annual 

8 mining claim fees so as to result in a final appropriation 

9 estimated at not more than $867,738,000, and 

10 $2,000,000, to remain available until expended, from com11 munication site rental fees established by the Bureau for 

12 the cost of administering communication site activities. 

13 WILDLAND FIRE MANAGEMENT

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses for fire preparedness, sup16 pression operations, fire science and research, emergency 

17 rehabilitation, hazardous fuels reduction, and rural fire as18 sistance by the Department of the Interior, $769,253,000, 

19 to remain available until expended, of which not to exceed 

20 $7,338,000 shall be for the renovation or construction of 

21 fire facilities: Provided, That such funds are also available 

22 for repayment of advances to other appropriation accounts 

23 from which funds were previously transferred for such 

24 purposes: Provided further, That persons hired pursuant 

25 to 43 U.S.C. 1469 may be furnished subsistence and lodgVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 ing without cost from funds available from this appropria2 tion: Provided further, That notwithstanding 42 U.S.C. 

3 1856d, sums received by a bureau or office of the Depart4 ment of the Interior for fire protection rendered pursuant 

5 to 42 U.S.C. 1856 et seq., protection of United States 

6 property, may be credited to the appropriation from which 

7 funds were expended to provide that protection, and are 

8 available without fiscal year limitation: Provided further, 

9 That using the amounts designated under this title of this 

10 Act, the Secretary of the Interior may enter into procure11 ment contracts, grants, or cooperative agreements, for 

12 hazardous fuels reduction activities, and for training and 

13 monitoring associated with such hazardous fuels reduction 

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

15 land for activities that benefit resources on Federal land: 

16 Provided further, That the costs of implementing any co17 operative agreement between the Federal Government and 

18 any non-Federal entity may be shared, as mutually agreed 

19 on by the affected parties: Provided further, That notwith20 standing requirements of the Competition in Contracting 

21 Act, the Secretary, for purposes of hazardous fuels reduc22 tion activities, may obtain maximum practicable competi23 tion among: (1) local private, nonprofit, or cooperative en24 tities; (2) Youth Conservation Corps crews or related part25 nerships with State, local, or non-profit youth groups; (3) 


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1 small or micro-businesses; or (4) other entities that will 

2 hire or train locally a significant percentage, defined as 

3 50 percent or more, of the project workforce to complete 

4 such contracts: Provided further, That in implementing 

5 this section, the Secretary shall develop written guidance 

6 to field units to ensure accountability and consistent appli7 cation of the authorities provided herein: Provided further, 

8 That funds appropriated under this head may be used to 

9 reimburse the United States Fish and Wildlife Service and 

10 the National Marine Fisheries Service for the costs of car11 rying out their responsibilities under the Endangered Spe12 cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 

13 conference, as required by section 7 of such Act, in con14 nection with wildland fire management activities: Provided 

15 further, That the Secretary of the Interior may use 

16 wildland fire appropriations to enter into non-competitive 

17 sole source leases of real property with local governments, 

18 at or below fair market value, to construct capitalized im19 provements for fire facilities on such leased properties, in20 cluding but not limited to fire guard stations, retardant 

21 stations, and other initial attack and fire support facilities, 

22 and to make advance payments for any such lease or for 

23 construction activity associated with the lease: Provided 

24 further, That the Secretary of the Interior and the Sec25 retary of Agriculture may authorize the transfer of funds 


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1 appropriated for wildland fire management, in an aggre2 gate amount not to exceed $9,000,000, between the De3 partments when such transfers would facilitate and expe4 dite jointly funded wildland fire management programs 

5 and projects: Provided further, That funds provided for 

6 wildfire suppression shall be available for support of Fed7 eral emergency response actions. 

8 CONSTRUCTION

9 For construction of buildings, recreation facilities, 

10 roads, trails, and appurtenant facilities, $11,476,000, to 

11 remain available until expended. 

12 LAND ACQUISITION

13 For expenses necessary to carry out sections 205, 

14 206, and 318(d) of Public Law 94–579, including admin15 istrative expenses and acquisition of lands or waters, or 

16 interests therein, $3,067,000, to be derived from the Land 

17 and Water Conservation Fund and to remain available 

18 until expended. 

19 OREGON AND CALIFORNIA GRANT LANDS

20 For expenses necessary for management, protection, 

21 and development of resources and for construction, oper22 ation, and maintenance of access roads, reforestation, and 

23 other improvements on the revested Oregon and California 

24 Railroad grant lands, on other Federal lands in the Or25 egon and California land-grant counties of Oregon, and 


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1 on adjacent rights-of-way; and acquisition of lands or in2 terests therein, including existing connecting roads on or 

3 adjacent to such grant lands; $111,408,000, to remain 

4 available until expended: Provided, That 25 percent of the 

5 aggregate of all receipts during the current fiscal year 

6 from the revested Oregon and California Railroad grant 

7 lands is hereby made a charge against the Oregon and 

8 California land-grant fund and shall be transferred to the 

9 General Fund in the Treasury in accordance with the sec10 ond paragraph of subsection (b) of title II of the Act of 

11 August 28, 1937 (50 Stat. 876). 

12 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

13 (REVOLVING FUND, SPECIAL ACCOUNT)

14 In addition to the purposes authorized in Public Law 

15 102–381, funds made available in the Forest Ecosystem 

16 Health and Recovery Fund can be used for the purpose 

17 of planning, preparing, implementing and monitoring sal18 vage timber sales and forest ecosystem health and recovery 

19 activities, such as release from competing vegetation and 

20 density control treatments. The Federal share of receipts 

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

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

23 1181f–1 et seq., and Public Law 106–393) derived from 

24 treatments funded by this account shall be deposited into 

25 the Forest Ecosystem Health and Recovery Fund. 


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1 RANGE IMPROVEMENTS

2 For rehabilitation, protection, and acquisition of 

3 lands and interests therein, and improvement of Federal 

4 rangelands pursuant to section 401 of the Federal Land 

5 Policy and Management Act of 1976 (43 U.S.C. 1701), 

6 notwithstanding any other Act, sums equal to 50 percent 

7 of all moneys received during the prior fiscal year under 

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

9 315 et seq.) and the amount designated for range improve10 ments from grazing fees and mineral leasing receipts from 

11 Bankhead-Jones lands transferred to the Department of 

12 the Interior pursuant to law, but not less than 

13 $10,000,000, to remain available until expended: Pro14 vided, That not to exceed $600,000 shall be available for 

15 administrative expenses. 

16 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

17 For administrative expenses and other costs related 

18 to processing application documents and other authoriza19 tions for use and disposal of public lands and resources, 

20 for costs of providing copies of official public land docu21 ments, for monitoring construction, operation, and termi22 nation of facilities in conjunction with use authorizations, 

23 and for rehabilitation of damaged property, such amounts 

24 as may be collected under Public Law 94–579, as amend25 ed, and Public Law 93–153, to remain available until ex26 pended: Provided, That, notwithstanding any provision to 


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1 the contrary of section 305(a) of Public Law 94–579 (43 

2 U.S.C. 1735(a)), any moneys that have been or will be 

3 received pursuant to that section, whether as a result of 

4 forfeiture, compromise, or settlement, if not appropriate 

5 for refund pursuant to section 305(c) of that Act (43 

6 U.S.C. 1735(c)), shall be available and may be expended 

7 under the authority of this Act by the Secretary to im8 prove, protect, or rehabilitate any public lands adminis9 tered through the Bureau of Land Management which 

10 have been damaged by the action of a resource developer, 

11 purchaser, permittee, or any unauthorized person, without 

12 regard to whether all moneys collected from each such ac13 tion are used on the exact lands damaged which led to 

14 the action: Provided further, That any such moneys that 

15 are in excess of amounts needed to repair damage to the 

16 exact land for which funds were collected may be used to 

17 repair other damaged public lands. 

18 MISCELLANEOUS TRUST FUNDS

19 In addition to amounts authorized to be expended 

20 under existing laws, there is hereby appropriated such 

21 amounts as may be contributed under section 307 of the 

22 Act of October 21, 1976 (43 U.S.C. 1701), and such 

23 amounts as may be advanced for administrative costs, sur24 veys, appraisals, and costs of making conveyances of omit25 ted lands under section 211(b) of that Act, to remain 

26 available until expended. 


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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Land Management 

3 shall be available for purchase, erection, and dismantle4 ment of temporary structures, and alteration and mainte5 nance of necessary buildings and appurtenant facilities to 

6 which the United States has title; up to $100,000 for pay7 ments, at the discretion of the Secretary, for information 

8 or evidence concerning violations of laws administered by 

9 the Bureau; miscellaneous and emergency expenses of en10 forcement activities authorized or approved by the Sec11 retary and to be accounted for solely on her certificate, 

12 not to exceed $10,000: Provided, That notwithstanding 44 

13 U.S.C. 501, the Bureau may, under cooperative cost-shar14 ing and partnership arrangements authorized by law, pro15 cure printing services from cooperators in connection with 

16 jointly produced publications for which the cooperators 

17 share the cost of printing either in cash or in services, 

18 and the Bureau determines the cooperator is capable of 

19 meeting accepted quality standards. 

20 Section 28 of title 30, United States Code, is amend21 ed: (1) in section 28 by striking the phrase ‘‘shall com22 mence at 12 o’clock meridian on the 1st day of Sep23 tember’’ and inserting ‘‘shall commence at 12:00 ante me24 ridian on the 1st day of September’’; (2) in section 28f(a), 

25 by striking the phrase ‘‘for years 2004 through 2008’’; 


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1 and (3) in section 28g, by striking the phrase ‘‘and before 

2 September 30, 2008,’’. 

3 Refunds or rebates received on an on-going basis 

4 from an information technology (IT) vendor as part of the 

5 Bureau of Land Management (BLM) consolidated IT pro6 curements for the Department of the Interior and other 

7 Federal Government departments hereafter may be depos8 ited into the Management of Lands and Resources Fund 

9 to be used to offset BLM’s costs incurred in providing this 

10 service. 

11 UNITED STATES FISH AND WILDLIFE SERVICE

12 RESOURCE MANAGEMENT

13 For necessary expenses of the United States Fish and 

14 Wildlife Service, as authorized by law, and for scientific 

15 and economic studies, maintenance of the herd of long16 horned cattle on the Wichita Mountains Wildlife Refuge, 

17 general administration, and for the performance of other 

18 authorized functions related to such resources by direct 

19 expenditure, contracts, grants, cooperative agreements 

20 and reimbursable agreements with public and private enti21 ties, $1,016,669,000, to remain available until September 

22 30, 2008, except as otherwise provided herein: Provided, 

23 That $2,500,000 is for high priority projects, which shall 

24 be carried out by the Youth Conservation Corps: Provided 

25 further, That not to exceed $17,759,000 shall be used for 


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1 implementing subsections (a), (b), (c), and (e) of section 

2 4 of the Endangered Species Act, as amended, for species 

3 that are indigenous to the United States (except for proc4 essing petitions, developing and issuing proposed and final 

5 regulations, and taking any other steps to implement ac6 tions described in subsection (c)(2)(A), (c)(2)(B)(i), or 

7 (c)(2)(B)(ii)), of which not to exceed $12,581,000 shall 

8 be used for any activity regarding the designation of crit9 ical habitat, pursuant to subsection (a)(3), excluding liti10 gation support, for species listed pursuant to subsection 

11 (a)(1) prior to October 1, 2006: Provided further, That 

12 of the amount available for law enforcement, up to 

13 $400,000, to remain available until expended, may at the 

14 discretion of the Secretary be used for payment for infor15 mation, rewards, or evidence concerning violations of laws 

16 administered by the Service, and miscellaneous and emer17 gency expenses of enforcement activity, authorized or ap18 proved by the Secretary and to be accounted for solely on 

19 her certificate: Provided further, That of the amount pro20 vided for environmental contaminants, up to $1,000,000 

21 may remain available until expended for contaminant sam22 ple analyses. 

23 CONSTRUCTION

24 For construction, improvement, acquisition, or re25 moval of buildings and other facilities required in the con26 servation, management, investigation, protection, and utiVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 lization of fishery and wildlife resources, and the acquisi2 tion of lands and interests therein; $39,756,000, to remain 

3 available until expended. 

4 LAND ACQUISITION

5 For expenses necessary to carry out the Land and 

6 Water Conservation Fund Act of 1965, as amended (16 

7 U.S.C. 460l–4 through 11), including administrative ex8 penses, and for acquisition of land or waters, or interest 

9 therein, in accordance with statutory authority applicable 

10 to the United States Fish and Wildlife Service, 

11 $19,751,000, to be derived from the Land and Water Con12 servation Fund and to remain available until expended: 

13 Provided, That none of the funds appropriated for specific 

14 land acquisition projects can be used to pay for any ad15 ministrative overhead, planning or other management 

16 costs. 

17 LANDOWNER INCENTIVE PROGRAM

18 For expenses necessary to carry out the Land and 

19 Water Conservation Fund Act of 1965, as amended (16 

20 U.S.C. 460l–4 through 11), including administrative ex21 penses, and for private conservation efforts to be carried 

22 out on private lands, $15,000,000, to be derived from the 

23 Land and Water Conservation Fund, and to remain avail24 able until expended: Provided, That the amount provided 

25 herein is for a Landowner Incentive Program established 

26 by the Secretary that provides matching, competitively 


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1 awarded grants to States, the District of Columbia, feder2 ally-recognized Indian tribes, Puerto Rico, Guam, the 

3 United States Virgin Islands, the Northern Mariana Is4 lands, and American Samoa, to establish or supplement 

5 existing landowner incentive programs that provide tech6 nical and financial assistance, including habitat protection 

7 and restoration, to private landowners for the protection 

8 and management of habitat to benefit federally listed, pro9 posed, candidate, or other at-risk species on private lands. 

10 PRIVATE STEWARDSHIP GRANTS

11 For expenses necessary to carry out the Land and 

12 Water Conservation Fund Act of 1965, as amended (16 

13 U.S.C. 460l–4 through 11), including administrative ex14 penses, and for private conservation efforts to be carried 

15 out on private lands, $7,000,000, to be derived from the 

16 Land and Water Conservation Fund, and to remain avail17 able until expended: Provided, That the amount provided 

18 herein is for the Private Stewardship Grants Program es19 tablished by the Secretary to provide grants and other as20 sistance to individuals and groups engaged in private con21 servation efforts that benefit federally listed, proposed, 

22 candidate, or other at-risk species. 

23 COOPERATIVE ENDANGERED SPECIES CONSERVATION

24 FUND

25 For expenses necessary to carry out section 6 of the 

26 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 


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1 as amended, $80,507,000 to remain available until ex2 pended, of which $20,161,000 is to be derived from the 

3 Cooperative Endangered Species Conservation Fund and 

4 $60,346,000 is to be derived from the Land and Water 

5 Conservation Fund. 

6 NATIONAL WILDLIFE REFUGE FUND

7 For expenses necessary to implement the Act of Octo8 ber 17, 1978 (16 U.S.C. 715s), $14,202,000. 

9 NORTH AMERICAN WETLANDS CONSERVATION FUND

10 For expenses necessary to carry out the provisions 

11 of the North American Wetlands Conservation Act, Public 

12 Law 101–233, as amended, $36,646,000, to remain avail13 able until expended. 

14 NEOTROPICAL MIGRATORY BIRD CONSERVATION

15 For financial assistance for projects to promote the 

16 conservation of neotropical migratory birds in accordance 

17 with the Neotropical Migratory Bird Conservation Act, 

18 Public Law 106–247 (16 U.S.C. 6101–6109), $4,000,000, 

19 to remain available until expended. 

20 MULTINATIONAL SPECIES CONSERVATION FUND

21 For expenses necessary to carry out the African Ele22 phant Conservation Act (16 U.S.C. 4201–4203, 4211– 

23 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele24 phant Conservation Act of 1997 (Public Law 105–96; 16 

25 U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva26 tion Act of 1994 (16 U.S.C. 5301–5306), the Great Ape 


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1 Conservation Act of 2000 (16 U.S.C. 6301), and the Ma2 rine Turtle Conservation Act of 2004 (Public Law 108– 

3 266; 16 U.S.C. 6601), $6,057,000, to remain available 

4 until expended. 

5 STATE AND TRIBAL WILDLIFE GRANTS

6 For wildlife conservation grants to States and to the 

7 District of Columbia, Puerto Rico, Guam, the United 

8 States Virgin Islands, the Northern Mariana Islands, 

9 American Samoa, and federally-recognized Indian tribes 

10 under the provisions of the Fish and Wildlife Act of 1956 

11 and the Fish and Wildlife Coordination Act, for the devel12 opment and implementation of programs for the benefit 

13 of wildlife and their habitat, including species that are not 

14 hunted or fished, $50,000,000, to be derived from the 

15 Land and Water Conservation Fund, and to remain avail16 able until expended: Provided, That of the amount pro17 vided herein, $5,000,000 is for a competitive grant pro18 gram for Indian tribes, not subject to the remaining provi19 sions of this appropriation: Provided further, That the Sec20 retary shall, after deducting said $5,000,000 and adminis21 trative expenses, apportion the amount provided herein in 

22 the following manner: (1) to the District of Columbia and 

23 to the Commonwealth of Puerto Rico, each a sum equal 

24 to not more than one-half of 1 percent thereof; and (2) 

25 to Guam, American Samoa, the United States Virgin IsVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 lands, and the Commonwealth of the Northern Mariana 

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

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

4 shall apportion the remaining amount in the following 

5 manner: (1) one-third of which is based on the ratio to 

6 which the land area of such State bears to the total land 

7 area of all such States; and (2) two-thirds of which is 

8 based on the ratio to which the population of such State 

9 bears to the total population of all such States: Provided 

10 further, That the amounts apportioned under this para11 graph shall be adjusted equitably so that no State shall 

12 be apportioned a sum which is less than 1 percent of the 

13 amount available for apportionment under this paragraph 

14 for any fiscal year or more than 5 percent of such amount: 

15 Provided further, That the Federal share of planning 

16 grants shall not exceed 75 percent of the total costs of 

17 such projects and the Federal share of implementation 

18 grants shall not exceed 50 percent of the total costs of 

19 such projects: Provided further, That the non-Federal 

20 share of such projects may not be derived from Federal 

21 grant programs: Provided further, That no State, terri22 tory, or other jurisdiction shall receive a grant if its com23 prehensive wildlife conservation plan is disapproved and 

24 such funds that would have been distributed to such State, 

25 territory, or other jurisdiction shall be distributed equiVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 tably to States, territories, and other jurisdictions with ap2 proved plans: Provided further, That any amount appor3 tioned in 2007 to any State, territory, or other jurisdiction 

4 that remains unobligated as of September 30, 2008, shall 

5 be reapportioned, together with funds appropriated in 

6 2009, in the manner provided herein: Provided further, 

7 That balances from amounts previously appropriated 

8 under the heading ‘‘State Wildlife Grants’’ shall be trans9 ferred to and merged with this appropriation and shall re10 main available until expended. 

11 ADMINISTRATIVE PROVISIONS

12 Appropriations and funds available to the United 

13 States Fish and Wildlife Service shall be available for pur14 chase of not to exceed 54 passenger motor vehicles, of 

15 which 54 are for replacement only (including 15 for police16 type use); repair of damage to public roads within and 

17 adjacent to reservation areas caused by operations of the 

18 Service; options for the purchase of land at not to exceed 

19 $1 for each option; facilities incident to such public rec20 reational uses on conservation areas as are consistent with 

21 their primary purpose; and the maintenance and improve22 ment of aquaria, buildings, and other facilities under the 

23 jurisdiction of the Service and to which the United States 

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

25 with management, and investigation of fish and wildlife 

26 resources: Provided, That notwithstanding 44 U.S.C. 501, 


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1 the Service may, under cooperative cost sharing and part2 nership arrangements authorized by law, procure printing 

3 services from cooperators in connection with jointly pro4 duced publications for which the cooperators share at least 

5 one-half the cost of printing either in cash or services and 

6 the Service determines the cooperator is capable of meet7 ing accepted quality standards: Provided further, That, 

8 notwithstanding any other provision of law, the Service 

9 may use up to $2,000,000 from funds provided for con10 tracts for employment-related legal services: Provided fur11 ther, That the Service may accept donated aircraft as re12 placements for existing aircraft: Provided further, That, 

13 notwithstanding any other provision of law, the Secretary 

14 of the Interior may not spend any of the funds appro15 priated in this Act for the purchase of lands or interests 

16 in lands to be used in the establishment of any new unit 

17 of the National Wildlife Refuge System unless the pur18 chase is approved in advance by the House and Senate 

19 Committees on Appropriations in compliance with the re20 programming procedures contained in the statement of the 

21 managers accompanying this Act. 

22 NATIONAL PARK SERVICE

23 OPERATION OF THE NATIONAL PARK SYSTEM

24 For expenses necessary for the management, oper25 ation, and maintenance of areas and facilities adminisVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 tered by the National Park Service (including special road 

2 maintenance service to trucking permittees on a reimburs3 able basis), and for the general administration of the Na4 tional Park Service, $1,754,317,000 (increased by 

5 $1,000,000), of which $9,829,000 is for planning and 

6 interagency coordination in support of Everglades restora7 tion and shall remain available until expended; of which 

8 $86,164,000, to remain available until September 30, 

9 2008, is for maintenance, repair or rehabilitation projects 

10 for constructed assets, operation of the National Park 

11 Service automated facility management software system, 

12 and comprehensive facility condition assessments; and of 

13 which $1,909,000 is for the Youth Conservation Corps for 

14 high priority projects: Provided, That the only funds in 

15 this account which may be made available to support 

16 United States Park Police are those funds approved for 

17 emergency law and order incidents pursuant to established 

18 National Park Service procedures, those funds needed to 

19 maintain and repair United States Park Police adminis20 trative facilities, and those funds necessary to reimburse 

21 the United States Park Police account for the unbudgeted 

22 overtime and travel costs associated with special events for 

23 an amount not to exceed $10,000 per event subject to the 

24 review and concurrence of the Washington headquarters 

25 office: Provided further, That funds in this account may 


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1 be spent without regard to the ‘‘no net loss’’ of law en2 forcement personnel policy. 

3 UNITED STATES PARK POLICE

4 For expenses necessary to carry out the programs of 

5 the United States Park Police, $84,775,000. 

6 NATIONAL RECREATION AND PRESERVATION

7 For expenses necessary to carry out recreation pro8 grams, natural programs, cultural programs, heritage 

9 partnership programs, environmental compliance and re10 view, international park affairs, and grant administration, 

11 not otherwise provided for, $47,161,000: Provided, That 

12 none of the funds in this Act for the Rivers, Trails and 

13 Conservation Assistance program may be used for cash 

14 agreements, or for cooperative agreements that are incon15 sistent with the program’s final strategic plan. 

16 HISTORIC PRESERVATION FUND

17 For expenses necessary in carrying out the Historic 

18 Preservation Act of 1966, as amended (16 U.S.C. 470), 

19 and the Omnibus Parks and Public Lands Management 

20 Act of 1996 (Public Law 104–333), $58,658,000, to be 

21 derived from the Historic Preservation Fund and to re22 main available until September 30, 2008, of which 

23 $15,000,000 shall be for Save America’s Treasures for 

24 preservation of nationally significant sites, structures, and 

25 artifacts and of which $3,000,000 shall be for Preserve 

26 America grants to States, Tribes, and local communities 


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1 for projects that preserve important historic resources 

2 through the promotion of heritage tourism: Provided fur3 ther, That any individual Save America’s Treasures or 

4 Preserve America grant shall be matched by non-Federal 

5 funds: Provided further, That individual projects shall only 

6 be eligible for one grant: Provided further, That competi7 tive projects to be funded shall be approved by the Sec8 retary of the Interior in consultation with the House and 

9 Senate Committees on Appropriations and with the Advi10 sory Council on Historic Preservation prior to the commit11 ment of Preserve America grant funds. 

12 CONSTRUCTION

13 For construction, improvements, repair or replace14 ment of physical facilities, including the modifications au15 thorized by section 104 of the Everglades National Park 

16 Protection and Expansion Act of 1989, $229,934,000, to 

17 remain available until expended: Provided, That none of 

18 the funds available to the National Park Service may be 

19 used to plan, design, or construct any partnership project 

20 with a total value in excess of $5,000,000, without ad21 vance approval of the House and Senate Committees on 

22 Appropriations: Provided further, That notwithstanding 

23 any other provision of law, the National Park Service may 

24 not accept donations or services associated with the plan25 ning, design, or construction of such new facilities without 

26 advance approval of the House and Senate Committees on 


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1 Appropriations: Provided further, That funds provided 

2 under this heading for implementation of modified water 

3 deliveries to Everglades National Park shall be expended 

4 consistent with the requirements of the fifth proviso under 

5 this heading in Public Law 108–108: Provided further, 

6 That funds provided under this heading for implementa7 tion of modified water deliveries to Everglades National 

8 Park shall be available for obligation only if matching 

9 funds are appropriated to the Army Corps of Engineers 

10 for the same purpose: Provided further, That none of the 

11 funds provided under this heading for implementation of 

12 modified water deliveries to Everglades National Park 

13 shall be available for obligation if any of the funds appro14 priated to the Army Corps of Engineers for the purpose 

15 of implementing modified water deliveries, including final16 izing detailed engineering and design documents for a 

17 bridge or series of bridges for the Tamiami Trail compo18 nent of the project, becomes unavailable for obligation: 

19 Provided further, That none of the funds provided under 

20 this heading for implementation of modified water deliv21 eries to Everglades National Park shall be available for 

22 obligation if the consent decree in United States v. South 

23 Florida Water Management District is terminated prior 

24 to the achievement of the requirements of the consent de25 cree as set forth in Appendix A and Appendix B, including 


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1 achievement of the 10 parts per billion numeric phos2 phorus criterion throughout the A.R.M. Loxahatchee Na3 tional Wildlife Refuge and Everglades National Park: Pro4 vided further, That hereafter, notwithstanding any other 

5 provision of law, procurements for the National Mall and 

6 Memorial Park, Ford’s Theatre National Historical Site 

7 accessibility and infrastructure improvements may be 

8 issued which include the full scope of the project: Provided 

9 further, That the solicitation and contract shall contain the 

10 clause ‘‘availability of funds’’ found at 48 CFR 52.232.18. 

11 LAND AND WATER CONSERVATION FUND

12 (RESCISSION)

13 The contract authority provided for fiscal year 2007 

14 by 16 U.S.C. 460l–10a is rescinded. 

15 LAND ACQUISITION AND STATE ASSISTANCE

16 For expenses necessary to carry out the Land and 

17 Water Conservation Act of 1965, as amended (16 U.S.C. 

18 460l–4 through 11), including administrative expenses, 

19 and for acquisition of lands or waters, or interest therein, 

20 in accordance with the statutory authority applicable to 

21 the National Park Service, $29,995,000, to be derived 

22 from the Land and Water Conservation Fund and to re23 main available until expended, of which $1,625,000 is for 

24 the State assistance program administration: Provided, 


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1 That none of the funds provided for the State assistance 

2 program may be used to establish a contingency fund. 

3 ADMINISTRATIVE PROVISIONS

4 Appropriations for the National Park Service shall be 

5 available for the purchase of not to exceed 233 passenger 

6 motor vehicles, of which 193 shall be for replacement only, 

7 including not to exceed 190 for police-type use, 11 buses, 

8 and 6 ambulances: Provided, That none of the funds ap9 propriated to the National Park Service may be used to 

10 implement an agreement for the redevelopment of the 

11 southern end of Ellis Island until such agreement has been 

12 submitted to the Congress and shall not be implemented 

13 prior to the expiration of 30 calendar days (not including 

14 any day in which either House of Congress is not in ses15 sion because of adjournment of more than 3 calendar days 

16 to a day certain) from the receipt by the Speaker of the 

17 House of Representatives and the President of the Senate 

18 of a full and comprehensive report on the development of 

19 the southern end of Ellis Island, including the facts and 

20 circumstances relied upon in support of the proposed 

21 project: Provided further, That not to exceed $66,000 of 

22 funds available to the National Park Service in this Act 

23 may be used to provide a grant to the Washington Tennis 

24 and Education Foundation for recreation and education 

25 programs to be offered to at-risk school children in the 

26 District of Columbia. 


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

2 National Park Service for activities taken in direct re3 sponse to the United Nations Biodiversity Convention. 

4 The National Park Service may distribute to oper5 ating units based on the safety record of each unit the 

6 costs of programs designed to improve workplace and em7 ployee safety, and to encourage employees receiving work8 ers’ compensation benefits pursuant to chapter 81 of title 

9 5, United States Code, to return to appropriate positions 

10 for which they are medically able. 

11 If the Secretary of the Interior considers that the de12 cision of any value determination proceeding conducted 

13 under a National Park Service concession contract issued 

14 prior to November 13, 1998, misinterprets or misapplies 

15 relevant contractual requirements or their underlying legal 

16 authority, then the Secretary may seek, within 180 days 

17 of any such decision, the de novo review of the value deter18 mination by the United States Court of Federal Claims. 

19 This Court may make an order affirming, vacating, modi20 fying or correcting the determination. 

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

22 of Public Law 105–391, franchise fees credited to a sub23 account shall be available for expenditure by the Sec24 retary, without further appropriation, for use at any unit 

25 within the National Park System to extinguish or reduce 


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HR 5386 RFS1S 

1 liability for Possessory Interest or leasehold surrender in2 terest. Such funds may only be used for this purpose to 

3 the extent that the benefiting unit anticipated franchise 

4 fee receipts over the term of the contract at that unit ex5 ceed the amount of funds used to extinguish or reduce 

6 liability. Franchise fees at the benefiting unit shall be 

7 credited to the sub-account of the originating unit over 

8 a period not to exceed the term of a single contract at 

9 the benefiting unit, in the amount of funds so expended 

10 to extinguish or reduce liability. 

11 UNITED STATES GEOLOGICAL SURVEY

12 SURVEYS, INVESTIGATIONS, AND RESEARCH

13 For expenses necessary for the United States Geo14 logical Survey to perform surveys, investigations, and re15 search covering topography, geology, hydrology, biology, 

16 and the mineral and water resources of the United States, 

17 its territories and possessions, and other areas as author18 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

19 to their mineral and water resources; give engineering su20 pervision to power permittees and Federal Energy Regu21 latory Commission licensees; administer the minerals ex22 ploration program (30 U.S.C. 641); conduct inquiries into 

23 the economic conditions affecting mining and materials 

24 processing industries (30 U.S.C. 3, 21a, and 1603; 50 

25 U.S.C. 98g(1)) and related purposes as authorized by law; 


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1 and to publish and disseminate data relative to the fore2 going activities; $991,447,000 (reduced by $5,000,000), 

3 of which $64,171,000 shall be available only for coopera4 tion with States or municipalities for water resources in5 vestigations; of which $7,882,000 shall remain available 

6 until expended for satellite operations; of which 

7 $21,083,000 shall be available until September 30, 2008, 

8 for the operation and maintenance of facilities and de9 ferred maintenance; of which $2,000,000 shall be available 

10 until expended for deferred maintenance and capital im11 provement projects that exceed $100,000 in cost; of which 

12 $175,597,000 shall be available until September 30, 2008, 

13 for the biological research activity and the operation of 

14 the Cooperative Research Units; and of which, 

15 $13,000,000 shall be available only for the Mid-Continent 

16 Mapping Center (MCMC) in Rolla, Missouri to continue 

17 functioning as a full service mapping organization: Pro18 vided, That none of the funds made available under this 

19 Act may be used to consolidate the functions, activities, 

20 operations, or archives of the Mid-Continent Mapping 

21 Center (MCMC), located in Rolla, Missouri, into the Na22 tional Geospatial Technical Operations Center (NGTOC): 

23 Provided further, That none of the funds provided for the 

24 biological research activity shall be used to conduct new 

25 surveys on private property, unless specifically authorized 


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HR 5386 RFS1S 

1 in writing by the property owner: Provided further, That 

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

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

4 resources data collection and investigations carried on in 

5 cooperation with States and municipalities. 

6 ADMINISTRATIVE PROVISIONS

7 From within the amount appropriated for activities 

8 of the United States Geological Survey such sums as are 

9 necessary shall be available for the purchase and replace10 ment of passenger motor vehicles; reimbursement to the 

11 General Services Administration for security guard serv12 ices; contracting for the furnishing of topographic maps 

13 and for the making of geophysical or other specialized sur14 veys when it is administratively determined that such pro15 cedures are in the public interest; construction and main16 tenance of necessary buildings and appurtenant facilities; 

17 acquisition of lands for gauging stations and observation 

18 wells; expenses of the United States National Committee 

19 on Geology; and payment of compensation and expenses 

20 of persons on the rolls of the Survey duly appointed to 

21 represent the United States in the negotiation and admin22 istration of interstate compacts: Provided, That activities 

23 funded by appropriations herein made may be accom24 plished through the use of contracts, grants, or coopera25 tive agreements as defined in 31 U.S.C. 6302 et seq.: Pro26 vided further, That the United States Geological Survey 


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HR 5386 RFS1S 

1 may enter into contracts or cooperative agreements di2 rectly with individuals or indirectly with institutions or 

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

4 for the temporary or intermittent services of students or 

5 recent graduates, who shall be considered employees for 

6 the purpose of chapters 57 and 81 of title 5, United States 

7 Code, relating to compensation for travel and work inju8 ries, and chapter 171 of title 28, United States Code, re9 lating to tort claims, but shall not be considered to be Fed10 eral employees for any other purposes. 

11 MINERALS MANAGEMENT SERVICE

12 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

13 For expenses necessary for minerals leasing and envi14 ronmental studies, regulation of industry operations, and 

15 collection of royalties, as authorized by law; for enforcing 

16 laws and regulations applicable to oil, gas, and other min17 erals leases, permits, licenses and operating contracts; and 

18 for matching grants or cooperative agreements; including 

19 the purchase of not to exceed eight passenger motor vehi20 cles for replacement only, $157,496,000 (increased by 

21 $1,000,000) (reduced by $1,000,000), of which 

22 $79,158,000 shall be available for royalty management ac23 tivities; and an amount not to exceed $128,730,000, to 

24 be credited to this appropriation and to remain available 

25 until expended, from additions to receipts resulting from 


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1 increases to rates in effect on August 5, 1993, from rate 

2 increases to fee collections for Outer Continental Shelf ad3 ministrative activities performed by the Minerals Manage4 ment Service (MMS) over and above the rates in effect 

5 on September 30, 1993, and from additional fees for 

6 Outer Continental Shelf administrative activities estab7 lished after September 30, 1993: Provided, That to the 

8 extent $128,730,000 in additions to receipts are not real9 ized from the sources of receipts stated above, the amount 

10 needed to reach $128,730,000 shall be credited to this ap11 propriation from receipts resulting from rental rates for 

12 Outer Continental Shelf leases in effect before August 5, 

13 1993: Provided further, That $3,000,000 for computer ac14 quisitions shall remain available until September 30, 

15 2008: Provided further, That not to exceed $3,000 shall 

16 be available for reasonable expenses related to promoting 

17 volunteer beach and marine cleanup activities: Provided 

18 further, That notwithstanding any other provision of law, 

19 $15,000 under this heading shall be available for refunds 

20 of overpayments in connection with certain Indian leases 

21 in which the Director of MMS concurred with the claimed 

22 refund due, to pay amounts owed to Indian allottees or 

23 tribes, or to correct prior unrecoverable erroneous pay24 ments: Provided further, That for the costs of administra25 tion of the Coastal Impact Assistance Program authorized 


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HR 5386 RFS1S 

1 by section 31 of the Outer Continental Shelf Lands Act, 

2 as amended (43 U.S.C. 1456a), MMS in fiscal years 2007 

3 through 2010 may retain three percent of the amounts 

4 which are disbursed under section 31 (b)(1), such retained 

5 amounts to remain available until expended. 

6 OIL SPILL RESEARCH

7 For necessary expenses to carry out title I, section 

8 1016, title IV, sections 4202 and 4303, title VII, and title 

9 VIII, section 8201 of the Oil Pollution Act of 1990, 

10 $6,903,000, which shall be derived from the Oil Spill Li11 ability Trust Fund, to remain available until expended. 

12 OFFICE OF SURFACE MINING RECLAMATION AND

13 ENFORCEMENT

14 REGULATION AND TECHNOLOGY

15 For necessary expenses to carry out the provisions 

16 of the Surface Mining Control and Reclamation Act of 

17 1977, Public Law 95–87, as amended, including the pur18 chase of not to exceed 10 passenger motor vehicles, for 

19 replacement only; $112,109,000: Provided, That the Sec20 retary of the Interior, pursuant to regulations, may use 

21 directly or through grants to States, moneys collected in 

22 fiscal year 2007 for civil penalties assessed under section 

23 518 of the Surface Mining Control and Reclamation Act 

24 of 1977 (30 U.S.C. 1268), to reclaim lands adversely af25 fected by coal mining practices after August 3, 1977, to 

26 remain available until expended: Provided further, That 


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HR 5386 RFS1S 

1 appropriations for the Office of Surface Mining Reclama2 tion and Enforcement may provide for the travel and per 

3 diem expenses of State and tribal personnel attending Of4 fice of Surface Mining Reclamation and Enforcement 

5 sponsored training. 

6 ABANDONED MINE RECLAMATION FUND

7 For necessary expenses to carry out title IV of the 

8 Surface Mining Control and Reclamation Act of 1977, 

9 Public Law 95–87, as amended, including the purchase 

10 of not more than 10 passenger motor vehicles for replace11 ment only, $185,936,000, to be derived from receipts of 

12 the Abandoned Mine Reclamation Fund and to remain 

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

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

15 shall be for supplemental grants to States for the reclama16 tion of abandoned sites with acid mine rock drainage from 

17 coal mines, and for associated activities, through the Ap18 palachian Clean Streams Initiative: Provided, That grants 

19 to minimum program States will be $1,500,000 per State 

20 in fiscal year 2007: Provided further, That pursuant to 

21 Public Law 97–365, the Department of the Interior is au22 thorized to use up to 20 percent from the recovery of the 

23 delinquent debt owed to the United States Government to 

24 pay for contracts to collect these debts: Provided further, 

25 That funds made available under title IV of Public Law 

26 95–87 may be used for any required non-Federal share 


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HR 5386 RFS1S 

1 of the cost of projects funded by the Federal Government 

2 for the purpose of environmental restoration related to 

3 treatment or abatement of acid mine drainage from aban4 doned mines: Provided further, That such projects must 

5 be consistent with the purposes and priorities of the Sur6 face Mining Control and Reclamation Act: Provided fur7 ther, That amounts allocated under section 402(g)(2) of 

8 such Act as of September 30, 2006, but not appropriated 

9 as of that date, are reallocated to the allocation estab10 lished in section 402(g)(3) of the Act: Provided further, 

11 That amounts provided under this heading may be used 

12 for the travel and per diem expenses of State and tribal 

13 personnel attending Office of Surface Mining Reclamation 

14 and Enforcement sponsored training. 

15 ADMINISTRATIVE PROVISION

16 With funds available for the Technical Innovation 

17 and Professional Services program in this Act, the Sec18 retary may transfer title for computer hardware, software 

19 and other technical equipment to State and Tribal regu20 latory and reclamation programs. 

21 BUREAU OF INDIAN AFFAIRS

22 OPERATION OF INDIAN PROGRAMS

23 For expenses necessary for the operation of Indian 

24 programs, as authorized by law, including the Snyder Act 

25 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De26 termination and Education Assistance Act of 1975 (25 


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HR 5386 RFS1S 

1 U.S.C. 450 et seq.), as amended, the Education Amend2 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 

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

4 as amended, $1,973,403,000, to remain available until 

5 September 30, 2008 except as otherwise provided herein, 

6 of which not to exceed $74,179,000 shall be for welfare 

7 assistance payments and, notwithstanding any other provi8 sion of law, including but not limited to the Indian Self9 Determination Act of 1975, as amended, not to exceed 

10 $151,628,000 shall be available for payments to tribes and 

11 tribal organizations for contract support costs associated 

12 with ongoing contracts, grants, compacts, or annual fund13 ing agreements entered into with the Bureau prior to or 

14 during fiscal year 2007, as authorized by such Act, except 

15 that tribes and tribal organizations may use their tribal 

16 priority allocations for unmet contract support costs of on17 going contracts, grants, or compacts, or annual funding 

18 agreements and for unmet welfare assistance costs; and 

19 of which not to exceed $457,352,000 for school operations 

20 costs of Bureau-funded schools and other education pro21 grams shall become available on July 1, 2007, and shall 

22 remain available until September 30, 2008; and of which 

23 not to exceed $66,277,000 shall remain available until ex24 pended for housing improvement, road maintenance, at25 torney fees, litigation support, the Indian Self-DeterminaVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 tion Fund, land records improvement, and the Navajo2 Hopi Settlement Program: Provided, That in cases of des3 ignated Federal disasters, the Secretary may exceed the 

4 welfare assistance payments cap, from the amounts pro5 vided herein, to provide for disaster relief to Indian com6 munities affected by the disaster: Provided further, That 

7 notwithstanding any other provision of law, including but 

8 not limited to the Indian Self-Determination Act of 1975, 

9 as amended, and 25 U.S.C. 2008, not to exceed 

10 $44,060,000 within and only from such amounts made 

11 available for school operations shall be available to tribes 

12 and tribal organizations for administrative cost grants as13 sociated with ongoing grants entered into with the Bureau 

14 prior to or during fiscal year 2006 for the operation of 

15 Bureau-funded schools, and up to $500,000 within and 

16 only from such amounts made available for school oper17 ations shall be available for the transitional costs of initial 

18 administrative cost grants to tribes and tribal organiza19 tions that enter into grants for the operation on or after 

20 July 1, 2006, of Bureau-operated schools: Provided fur21 ther, That any forestry funds allocated to a tribe which 

22 remain unobligated as of September 30, 2008, may be 

23 transferred during fiscal year 2009 to an Indian forest 

24 land assistance account established for the benefit of such 

25 tribe within the tribe’s trust fund account: Provided furVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 ther, That any such unobligated balances not so trans2 ferred shall expire on September 30, 2009. 

3 CONSTRUCTION

4 For construction, repair, improvement, and mainte5 nance of irrigation and power systems, buildings, utilities, 

6 and other facilities, including architectural and engineer7 ing services by contract; acquisition of lands, and interests 

8 in lands; and preparation of lands for farming, and for 

9 construction of the Navajo Indian Irrigation Project pur10 suant to Public Law 87–483, $215,799,000, to remain 

11 available until expended: Provided, That such amounts as 

12 may be available for the construction of the Navajo Indian 

13 Irrigation Project may be transferred to the Bureau of 

14 Reclamation: Provided further, That not to exceed 6 per15 cent of contract authority available to the Bureau of In16 dian Affairs from the Federal Highway Trust Fund may 

17 be used to cover the road program management costs of 

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

19 the Safety of Dams program pursuant to 25 U.S.C. 13 

20 shall be made available on a nonreimbursable basis: Pro21 vided further, That for fiscal year 2007, in implementing 

22 new construction or facilities improvement and repair 

23 project grants in excess of $100,000 that are provided to 

24 tribally controlled grant schools under Public Law 100– 

25 297, as amended, the Secretary of the Interior shall use 

26 the Administrative and Audit Requirements and Cost 


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HR 5386 RFS1S 

1 Principles for Assistance Programs contained in 43 CFR 

2 part 12 as the regulatory requirements: Provided further, 

3 That such grants shall not be subject to section 12.61 of 

4 43 CFR; the Secretary and the grantee shall negotiate and 

5 determine a schedule of payments for the work to be per6 formed: Provided further, That in considering applications, 

7 the Secretary shall consider whether such grantee would 

8 be deficient in assuring that the construction projects con9 form to applicable building standards and codes and Fed10 eral, tribal, or State health and safety standards as re11 quired by 25 U.S.C. 2005(b), with respect to organiza12 tional and financial management capabilities: Provided 

13 further, That if the Secretary declines an application, the 

14 Secretary shall follow the requirements contained in 25 

15 U.S.C. 2504(f): Provided further, That any disputes be16 tween the Secretary and any grantee concerning a grant 

17 shall be subject to the disputes provision in 25 U.S.C. 

18 2507(e): Provided further, That in order to ensure timely 

19 completion of replacement school construction projects, 

20 the Secretary may assume control of a project and all 

21 funds related to the project, if, within eighteen months 

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

23 organization receiving funds appropriated in this Act or 

24 in any prior Act, has not completed the planning and de25 sign phase of the project and commenced construction of 


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HR 5386 RFS1S 

1 the replacement school: Provided further, That this Appro2 priation may be reimbursed from the Office of the Special 

3 Trustee for American Indians Appropriation for the ap4 propriate share of construction costs for space expansion 

5 needed in agency offices to meet trust reform implementa6 tion. 

7 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

8 MISCELLANEOUS PAYMENTS TO INDIANS

9 (INCLUDING TRANSFER OF FUNDS)

10 For miscellaneous payments to Indian tribes and in11 dividuals and for necessary administrative expenses, 

12 $39,213,000, to remain available until expended, for im13 plementation of Indian land and water claim settlements 

14 pursuant to Public Laws 99–264, 100–580, 101–618, 

15 107–331, and 108–477, and for implementation of other 

16 land and water rights settlements, of which $316,000 shall 

17 be available for payment to the Quinault Indian Nation 

18 pursuant to the terms of the North Boundary Settlement 

19 Agreement dated July 14, 2000, providing for the acquisi20 tion of perpetual conservation easements from the Nation 

21 and of which $5,067,000 shall be for the Idaho Salmon 

22 and Clearwater River Basins Habitat Account pursuant 

23 to the Snake River Water Rights Act of 2004 and of which 

24 $200,000 shall be transferred to the ‘‘Bureau of Land 

25 Management, Management of Lands and Resources’’ acVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 count for mitigation of land transfers associated with the 

2 Snake River Water Rights Act of 2004. 

3 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

4 For the cost of guaranteed and insured loans, 

5 $6,262,000, of which $626,000 is for administrative ex6 penses, as authorized by the Indian Financing Act of 

7 1974, as amended: Provided, That such costs, including 

8 the cost of modifying such loans, shall be as defined in 

9 section 502 of the Congressional Budget Act of 1974: Pro10 vided further, That these funds are available to subsidize 

11 total loan principal, any part of which is to be guaranteed, 

12 not to exceed $87,376,744. 

13 ADMINISTRATIVE PROVISIONS

14 The Bureau of Indian Affairs may carry out the oper15 ation of Indian programs by direct expenditure, contracts, 

16 cooperative agreements, compacts and grants, either di17 rectly or in cooperation with States and other organiza18 tions. 

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

20 Affairs may contract for services in support of the man21 agement, operation, and maintenance of the Power Divi22 sion of the San Carlos Irrigation Project. 

23 Appropriations for the Bureau of Indian Affairs (ex24 cept the revolving fund for loans, the Indian loan guar25 antee and insurance fund, and the Indian Guaranteed 

26 Loan Program account) shall be available for expenses of 


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HR 5386 RFS1S 

1 exhibits, and purchase and replacement of passenger 

2 motor vehicles. 

3 Notwithstanding any other provision of law, no funds 

4 available to the Bureau of Indian Affairs for central office 

5 oversight and executive direction and administrative serv6 ices (except executive direction and administrative services 

7 funding for Tribal Priority Allocations and regional of8 fices) shall be available for tribal contracts, grants, com9 pacts, or cooperative agreements with the Bureau of In10 dian Affairs under the provisions of the Indian Self-Deter11 mination Act or the Tribal Self-Governance Act of 1994 

12 (Public Law 103–413). 

13 In the event any tribe returns appropriations made 

14 available by this Act to the Bureau of Indian Affairs for 

15 distribution to other tribes, this action shall not diminish 

16 the Federal Government’s trust responsibility to that 

17 tribe, or the government-to-government relationship be18 tween the United States and that tribe, or that tribe’s abil19 ity to access future appropriations. 

20 Notwithstanding any other provision of law, no funds 

21 available to the Bureau, other than the amounts provided 

22 herein for assistance to public schools under 25 U.S.C. 

23 452 et seq., shall be available to support the operation of 

24 any elementary or secondary school in the State of Alaska. 


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1 Appropriations made available in this or any other 

2 Act for schools funded by the Bureau shall be available 

3 only to the schools in the Bureau school system as of Sep4 tember 1, 1996. No funds available to the Bureau shall 

5 be used to support expanded grades for any school or dor6 mitory beyond the grade structure in place or approved 

7 by the Secretary of the Interior at each school in the Bu8 reau school system as of October 1, 1995. Funds made 

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

10 charter school at a Bureau-funded school (as that term 

11 is defined in section 1146 of the Education Amendments 

12 of 1978 (25 U.S.C. 2026)), except that a charter school 

13 that is in existence on the date of the enactment of this 

14 Act and that has operated at a Bureau-funded school be15 fore September 1, 1999, may continue to operate during 

16 that period, but only if the charter school pays to the Bu17 reau a pro rata share of funds to reimburse the Bureau 

18 for the use of the real and personal property (including 

19 buses and vans), the funds of the charter school are kept 

20 separate and apart from Bureau funds, and the Bureau 

21 does not assume any obligation for charter school pro22 grams of the State in which the school is located if the 

23 charter school loses such funding. Employees of Bureau24 funded schools sharing a campus with a charter school and 

25 performing functions related to the charter school’s operVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 ation and employees of a charter school shall not be treat2 ed as Federal employees for purposes of chapter 171 of 

3 title 28, United States Code. 

4 Notwithstanding 25 U.S.C. 2007(d), and imple5 menting regulations, the funds reserved from the Indian 

6 Student Equalization Program to meet emergencies and 

7 unforeseen contingencies affecting education programs ap8 propriated herein and in Public Law 109–54 may be used 

9 for costs associated with significant student enrollment in10 creases at Bureau-funded schools during the relevant 

11 school year. 

12 Notwithstanding any other provision of law, including 

13 section 113 of title I of appendix C of Public Law 106– 

14 113, if a tribe or tribal organization in fiscal year 2003 

15 or 2004 received indirect and administrative costs pursu16 ant to a distribution formula based on section 5(f) of Pub17 lic Law 101–301, the Secretary shall continue to dis18 tribute indirect and administrative cost funds to such tribe 

19 or tribal organization using the section 5(f) distribution 

20 formula. 

21 DEPARTMENTAL OFFICES

22 INSULAR AFFAIRS

23 ASSISTANCE TO TERRITORIES

24 For expenses necessary for assistance to territories 

25 under the jurisdiction of the Department of the Interior, 


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1 $77,561,000, of which: (1) $69,537,000 shall remain 

2 available until expended for technical assistance, including 

3 maintenance assistance, disaster assistance, insular man4 agement controls, coral reef initiative activities, and brown 

5 tree snake control and research; grants to the judiciary 

6 in American Samoa for compensation and expenses, as au7 thorized by law (48 U.S.C. 1661(c)); grants to the Govern8 ment of American Samoa, in addition to current local rev9 enues, for construction and support of governmental func10 tions; grants to the Government of the Virgin Islands as 

11 authorized by law; grants to the Government of Guam, 

12 as authorized by law; and grants to the Government of 

13 the Northern Mariana Islands as authorized by law (Pub14 lic Law 94–241; 90 Stat. 272); and (2) $8,024,000 shall 

15 remain available until September 30, 2008, for salaries 

16 and expenses of the Office of Insular Affairs: Provided, 

17 That all financial transactions of the territorial and local 

18 governments herein provided for, including such trans19 actions of all agencies or instrumentalities established or 

20 used by such governments, may be audited by the Govern21 ment Accountability Office, at its discretion, in accordance 

22 with chapter 35 of title 31, United States Code: Provided 

23 further, That Northern Mariana Islands Covenant grant 

24 funding shall be provided according to those terms of the 

25 Agreement of the Special Representatives on Future 


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1 United States Financial Assistance for the Northern Mar2 iana Islands approved by Public Law 104–134: Provided 

3 further, That of the amounts provided for technical assist4 ance, sufficient funds shall be made available for a grant 

5 to the Pacific Basin Development Council: Provided fur6 ther, That of the amounts provided for technical assist7 ance, sufficient funding shall be made available for a grant 

8 to the Close Up Foundation: Provided further, That the 

9 funds for the program of operations and maintenance im10 provement are appropriated to institutionalize routine op11 erations and maintenance improvement of capital infra12 structure with territorial participation and cost sharing to 

13 be determined by the Secretary based on the grantee’s 

14 commitment to timely maintenance of its capital assets: 

15 Provided further, That any appropriation for disaster as16 sistance under this heading in this Act or previous appro17 priations Acts may be used as non-Federal matching 

18 funds for the purpose of hazard mitigation grants provided 

19 pursuant to section 404 of the Robert T. Stafford Disaster 

20 Relief and Emergency Assistance Act (42 U.S.C. 5170c). 

21 COMPACT OF FREE ASSOCIATION

22 For grants and necessary expenses, $5,362,000, to 

23 remain available until expended, as provided for in sec24 tions 221(a)(2), 221(b), and 233 of the Compact of Free 

25 Association for the Republic of Palau; and section 


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1 221(a)(2) of the Compacts of Free Association for the 

2 Government of the Republic of the Marshall Islands and 

3 the Federated States of Micronesia, as authorized by Pub4 lic Law 99–658 and Public Law 108–188. 

5 DEPARTMENTAL MANAGEMENT

6 SALARIES AND EXPENSES

7 For necessary expenses for management of the De8 partment of the Interior, $118,303,000 (reduced by 

9 $3,000,000) (reduced by $1,000,000) (reduced by 

10 $18,000,000) (reduced by $1,800,000); of which 

11 $7,915,000 for appraisal services and Take Pride in 

12 America activities is to be derived from the Land and 

13 Water Conservation Fund and shall remain available until 

14 expended; of which not to exceed $8,500 may be for offi15 cial reception and representation expenses; and of which 

16 up to $1,000,000 shall be available for workers compensa17 tion payments and unemployment compensation payments 

18 associated with the orderly closure of the United States 

19 Bureau of Mines: Provided, That none of the funds in this 

20 Act or previous appropriations Acts may be used to estab21 lish reserves in the Working Capital Fund account other 

22 than for accrued annual leave and depreciation of equip23 ment without prior approval of the House and Senate 

24 Committees on Appropriations. 


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1 PAYMENTS IN LIEU OF TAXES

2 For expenses necessary to implement the Act of Octo3 ber 20, 1976, as amended (31 U.S.C. 6901–6907), 

4 $228,000,000 (increased by $16,000,000), of which not 

5 to exceed $400,000 shall be available for administrative 

6 expenses: Provided, That no payment shall be made to oth7 erwise eligible units of local government if the computed 

8 amount of the payment is less than $100. 

9 CENTRAL HAZARDOUS MATERIALS FUND

10 For necessary expenses of the Department of the In11 terior and any of its component offices and bureaus for 

12 the remedial action, including associated activities, of haz13 ardous waste substances, pollutants, or contaminants pur14 suant to the Comprehensive Environmental Response, 

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

16 9601 et seq.), $9,923,000, to remain available until ex17 pended. 

18 OFFICE OF THE SOLICITOR

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of the Solicitor, 

21 $56,755,000. 

22 OFFICE OF INSPECTOR GENERAL

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Inspector 

25 General, $39,688,000. 


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1 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

2 FEDERAL TRUST PROGRAMS

3 For the operation of trust programs for Indians by 

4 direct expenditure, contracts, cooperative agreements, 

5 compacts, and grants, $150,036,000, to remain available 

6 until expended, of which not to exceed $45,000,000 from 

7 this or any other Act, shall be available for historical ac8 counting: Provided, That funds for trust management im9 provements and litigation support may, as needed, be 

10 transferred to or merged with the Bureau of Indian Af11 fairs, ‘‘Operation of Indian Programs’’ account; the Office 

12 of the Solicitor, ‘‘Salaries and Expenses’’ account; and the 

13 Departmental Management, ‘‘Salaries and Expenses’’ ac14 count: Provided further, That funds made available to 

15 Tribes and Tribal organizations through contracts or 

16 grants obligated during fiscal year 2007, as authorized by 

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

18 et seq.), shall remain available until expended by the con19 tractor or grantee: Provided further, That, notwith20 standing any other provision of law, the statute of limita21 tions shall not commence to run on any claim, including 

22 any claim in litigation pending on the date of the enact23 ment of this Act, concerning losses to or mismanagement 

24 of trust funds, until the affected tribe or individual Indian 

25 has been furnished with an accounting of such funds from 


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1 which the beneficiary can determine whether there has 

2 been a loss: Provided further, That, notwithstanding any 

3 other provision of law, the Secretary shall not be required 

4 to provide a quarterly statement of performance for any 

5 Indian trust account that has not had activity for at least 

6 18 months and has a balance of $15.00 or less: Provided 

7 further, That the Secretary shall issue an annual account 

8 statement and maintain a record of any such accounts and 

9 shall permit the balance in each such account to be with10 drawn upon the express written request of the account 

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

12 available for the Secretary to make payments to correct 

13 administrative errors of either disbursements from or de14 posits to Individual Indian Money or Tribal accounts after 

15 September 30, 2002: Provided further, That erroneous 

16 payments that are recovered shall be credited to and re17 main available in this account for this purpose. 

18 INDIAN LAND CONSOLIDATION

19 For consolidation of fractional interests in Indian 

20 lands and expenses associated with redetermining and re21 distributing escheated interests in allotted lands, and for 

22 necessary expenses to carry out the Indian Land Consoli23 dation Act of 1983, as amended, by direct expenditure or 

24 cooperative agreement, $34,006,000, to remain available 

25 until expended, and which may be transferred to the BuVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 reau of Indian Affairs and Departmental Management ac2 counts: Provided, That funds provided under this heading 

3 may be expended pursuant to the authorities contained in 

4 the provisos under the heading, ‘‘Office of Special Trustee 

5 for American Indians, Indian Land Consolidation’’ of the 

6 Interior and Related Agencies Appropriations Act, 2001 

7 (Public Law 106–291). 

8 NATURAL RESOURCE DAMAGE ASSESSMENT AND

9 RESTORATION

10 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

11 To conduct natural resource damage assessment and 

12 restoration activities by the Department of the Interior 

13 necessary to carry out the provisions of the Comprehensive 

14 Environmental Response, Compensation, and Liability 

15 Act, as amended (42 U.S.C. 9601 et seq.), the Federal 

16 Water Pollution Control Act, as amended (33 U.S.C. 1251 

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

18 380) (33 U.S.C. 2701 et seq.), and Public Law 101–337, 

19 as amended (16 U.S.C. 19jj et seq.), $6,109,000, to re20 main available until expended. 

21 ADMINISTRATIVE PROVISIONS

22 There is hereby authorized for acquisition from avail23 able resources within the Working Capital Fund, 15 air24 craft, 10 of which shall be for replacement and which may 

25 be obtained by donation, purchase or through available exVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 cess surplus property: Provided, That existing aircraft 

2 being replaced may be sold, with proceeds derived or 

3 trade-in value used to offset the purchase price for the 

4 replacement aircraft: Provided further, That no programs 

5 funded with appropriated funds in the ‘‘Departmental 

6 Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In7 spector General’’ may be augmented through the Working 

8 Capital Fund: Provided further, That the annual budget 

9 justification for Departmental Management shall describe 

10 estimated Working Capital Fund charges to bureaus and 

11 offices, including the methodology on which charges are 

12 based: Provided further, That departures from the Work13 ing Capital Fund estimates contained in the Departmental 

14 Management budget justification shall be presented to the 

15 Committees on Appropriations for approval: Provided fur16 ther, That the Secretary shall provide a semi-annual re17 port to the Committees on Appropriations on reimbursable 

18 support agreements between the Office of the Secretary 

19 and the National Business Center and the bureaus and 

20 offices of the Department, including the amounts billed 

21 pursuant to such agreements. 

22 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

24 available for expenditure or transfer (within each bureau 

25 or office), with the approval of the Secretary, for the emerVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 gency reconstruction, replacement, or repair of aircraft, 

2 buildings, utilities, or other facilities or equipment dam3 aged or destroyed by fire, flood, storm, or other unavoid4 able causes: Provided, That no funds shall be made avail5 able under this authority until funds specifically made 

6 available to the Department of the Interior for emer7 gencies shall have been exhausted: Provided further, That 

8 all funds used pursuant to this section must be replenished 

9 by a supplemental appropriation which must be requested 

10 as promptly as possible. 

11 SEC. 102. The Secretary may authorize the expendi12 ture or transfer of any no year appropriation in this title, 

13 in addition to the amounts included in the budget pro14 grams of the several agencies, for the suppression or emer15 gency prevention of wildland fires on or threatening lands 

16 under the jurisdiction of the Department of the Interior; 

17 for the emergency rehabilitation of burned-over lands 

18 under its jurisdiction; for emergency actions related to po19 tential or actual earthquakes, floods, volcanoes, storms, or 

20 other unavoidable causes; for contingency planning subse21 quent to actual oil spills; for response and natural resource 

22 damage assessment activities related to actual oil spills; 

23 for the prevention, suppression, and control of actual or 

24 potential grasshopper and Mormon cricket outbreaks on 

25 lands under the jurisdiction of the Secretary, pursuant to 


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1 the authority in section 1773(b) of Public Law 99–198 

2 (99 Stat. 1658); for emergency reclamation projects under 

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

4 any no year funds available to the Office of Surface Min5 ing Reclamation and Enforcement, such funds as may be 

6 necessary to permit assumption of regulatory authority in 

7 the event a primacy State is not carrying out the regu8 latory provisions of the Surface Mining Act: Provided, 

9 That appropriations made in this title for wildland fire 

10 operations shall be available for the payment of obligations 

11 incurred during the preceding fiscal year, and for reim12 bursement to other Federal agencies for destruction of ve13 hicles, aircraft, or other equipment in connection with 

14 their use for wildland fire operations, such reimbursement 

15 to be credited to appropriations currently available at the 

16 time of receipt thereof: Provided further, That for wildland 

17 fire operations, no funds shall be made available under 

18 this authority until the Secretary determines that funds 

19 appropriated for ‘‘wildland fire operations’’ shall be ex20 hausted within 30 days: Provided further, That all funds 

21 used pursuant to this section must be replenished by a 

22 supplemental appropriation, which must be requested as 

23 promptly as possible: Provided further, That such replen24 ishment funds shall be used to reimburse, on a pro rata 


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1 basis, accounts from which emergency funds were trans2 ferred. 

3 SEC. 103. Appropriations made to the Department 

4 of the Interior in this title shall be available for services 

5 as authorized by 5 U.S.C. 3109, when authorized by the 

6 Secretary, in total amount not to exceed $500,000; hire, 

7 maintenance, and operation of aircraft; hire of passenger 

8 motor vehicles; purchase of reprints; payment for tele9 phone service in private residences in the field, when au10 thorized under regulations approved by the Secretary; and 

11 the payment of dues, when authorized by the Secretary, 

12 for library membership in societies or associations which 

13 issue publications to members only or at a price to mem14 bers lower than to subscribers who are not members. 

15 SEC. 104. No funds provided in this title may be ex16 pended by the Department of the Interior for the conduct 

17 of offshore oil preleasing, leasing and related activities 

18 placed under restriction in the President’s moratorium 

19 statement of June 12, 1998, in the areas of northern, cen20 tral, and southern California; the North Atlantic; Wash21 ington and Oregon; and the eastern Gulf of Mexico south 

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

23 longitude. 

24 SEC. 105. No funds provided in this title may be ex25 pended by the Department of the Interior to conduct offVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 shore oil preleasing, leasing and related activities in the 

2 eastern Gulf of Mexico planning area for any lands located 

3 outside Sale 181, as identified in the final Outer Conti4 nental Shelf 5-Year Oil and Gas Leasing Program, 1997– 

5 2002. 

6 SEC. 106. No funds provided in this title may be ex7 pended by the Department of the Interior to conduct oil 

8 preleasing, leasing and related activities in the Mid-Atlan9 tic and South Atlantic planning areas. 

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

11 headings Bureau of Indian Affairs and Office of Special 

12 Trustee for American Indians and any unobligated bal13 ances from prior appropriations Acts made under the 

14 same headings shall be available for expenditure or trans15 fer for Indian trust management and reform activities, ex16 cept that total funding for historical accounting activities 

17 shall not exceed amounts specifically designated in this 

18 Act for such purpose. 

19 SEC. 108. Notwithstanding any other provision of 

20 law, the Secretary of the Interior is authorized to redis21 tribute any Tribal Priority Allocation funds, including 

22 tribal base funds, to alleviate tribal funding inequities by 

23 transferring funds to address identified, unmet needs, 

24 dual enrollment, overlapping service areas or inaccurate 

25 distribution methodologies. No tribe shall receive a reducVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 tion in Tribal Priority Allocation funds of more than 10 

2 percent in fiscal year 2007. Under circumstances of dual 

3 enrollment, overlapping service areas or inaccurate dis4 tribution methodologies, the 10 percent limitation does not 

5 apply. 

6 SEC. 109. Notwithstanding any other provision of 

7 law, in conveying the Twin Cities Research Center under 

8 the authority provided by Public Law 104–134, as amend9 ed by Public Law 104–208, the Secretary may accept and 

10 retain land and other forms of reimbursement: Provided, 

11 That the Secretary may retain and use any such reim12 bursement until expended and without further appropria13 tion: (1) for the benefit of the National Wildlife Refuge 

14 System within the State of Minnesota; and (2) for all ac15 tivities authorized by Public Law 100–696; 16 U.S.C. 

16 460zz. 

17 SEC. 110. The Secretary of the Interior may use or 

18 contract for the use of helicopters or motor vehicles on 

19 the Sheldon and Hart National Wildlife Refuges for the 

20 purpose of capturing and transporting horses and burros. 

21 The provisions of subsection (a) of the Act of September 

22 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such 

23 use. Such use shall be in accordance with humane proce24 dures prescribed by the Secretary. 


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1 SEC. 111. Funds provided in this Act for Federal 

2 land acquisition by the National Park Service for Shen3 andoah Valley Battlefields National Historic District and 

4 Ice Age National Scenic Trail, and funds provided in divi5 sion E of Public Law 108–447 (118 Stat. 3050) for land 

6 acquisition at the Niobrara National Scenic River, may be 

7 used for a grant to a State, a local government, or any 

8 other land management entity for the acquisition of lands 

9 without regard to any restriction on the use of Federal 

10 land acquisition funds provided through the Land and 

11 Water Conservation Fund Act of 1965 as amended. 

12 SEC. 112. None of the funds made available by this 

13 Act may be obligated or expended by the National Park 

14 Service to enter into or implement a concession contract 

15 which permits or requires the removal of the underground 

16 lunchroom at the Carlsbad Caverns National Park. 

17 SEC. 113. None of the funds made available in this 

18 Act may be used: (1) to demolish the bridge between Jer19 sey City, New Jersey, and Ellis Island; or (2) to prevent 

20 pedestrian use of such bridge, when such pedestrian use 

21 is consistent with generally accepted safety standards. 

22 SEC. 114. None of the funds in this or any other Act 

23 can be used to compensate the Special Master and the 

24 Special Master-Monitor, and all variations thereto, ap25 pointed by the United States District Court for the DisVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 trict of Columbia in the Cobell v. Norton litigation at an 

2 annual rate that exceeds 200 percent of the highest Senior 

3 Executive Service rate of pay for the Washington-Balti4 more locality pay area. 

5 SEC. 115. The Secretary of the Interior may use dis6 cretionary funds to pay private attorney fees and costs for 

7 employees and former employees of the Department of the 

8 Interior reasonably incurred in connection with Cobell v. 

9 Norton to the extent that such fees and costs are not paid 

10 by the Department of Justice or by private insurance. In 

11 no case shall the Secretary make payments under this sec12 tion that would result in payment of hourly fees in excess 

13 of the highest hourly rate approved by the District Court 

14 for the District of Columbia for counsel in Cobell v. Nor15 ton. 

16 SEC. 116. The United States Fish and Wildlife Serv17 ice shall, in carrying out its responsibilities to protect 

18 threatened and endangered species of salmon, implement 

19 a system of mass marking of salmonid stocks, intended 

20 for harvest, that are released from Federally operated or 

21 Federally financed hatcheries including but not limited to 

22 fish releases of coho, chinook, and steelhead species. 

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

24 identified by commercial and recreational fishers. 


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1 SEC. 117. (a) IN GENERAL.—Nothing in section 134 

2 of the Department of the Interior and Related Agencies 

3 Appropriations Act, 2002 (115 Stat. 443) affects the deci4 sion of the United States Court of Appeals for the 10th 

5 Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250 

6 (2001). 

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

8 section permits the conduct of gaming under the Indian 

9 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land 

10 described in section 123 of the Department of the Interior 

11 and Related Agencies Appropriations Act, 2001 (114 Stat. 

12 944), or land that is contiguous to that land, regardless 

13 of whether the land or contiguous land has been taken 

14 into trust by the Secretary of the Interior. 

15 SEC. 118. No funds appropriated for the Department 

16 of the Interior by this Act or any other Act shall be used 

17 to study or implement any plan to drain Lake Powell or 

18 to reduce the water level of the lake below the range of 

19 water levels required for the operation of the Glen Canyon 

20 Dam. 

21 SEC. 119. Notwithstanding the limitation in subpara22 graph (2)(B) of section 18(a) of the Indian Gaming Regu23 latory Act (25 U.S.C. 2717(a)), in fiscal year 2008, the 

24 total amount of all fees imposed by the National Indian 

25 Gaming Commission shall not exceed $13,000,000. 


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1 SEC. 120. Notwithstanding any implementation of 

2 the Department of the Interior’s trust reorganization or 

3 reengineering plans, or the implementation of the ‘‘To Be’’ 

4 Model, funds appropriated for fiscal year 2007 shall be 

5 available to the tribes within the California Tribal Trust 

6 Reform Consortium and to the Salt River Pima-Maricopa 

7 Indian Community, the Confederated Salish and Kootenai 

8 Tribes of the Flathead Reservation and the Chippewa Cree 

9 Tribe of the Rocky Boys Reservation through the same 

10 methodology as funds were distributed in fiscal year 2003. 

11 This Demonstration Project shall continue to operate sep12 arate and apart from the Department of the Interior’s 

13 trust reform and reorganization and the Department shall 

14 not impose its trust management infrastructure upon or 

15 alter the existing trust resource management systems of 

16 the above referenced tribes having a self-governance com17 pact and operating in accordance with the Tribal Self-Gov18 ernance Program set forth in 25 U.S.C. 458aa–458hh. 

19 The California Trust Reform Consortium and any other 

20 participating tribe agree to carry out their responsibilities 

21 under the same written and implemented fiduciary stand22 ards as those being carried by the Secretary of the Inte23 rior. The Consortium shall demonstrate to the satisfaction 

24 of the Secretary that they have the capability to do so. 

25 The Department shall provide funds to the tribes in an 


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1 amount equal to that required by 25 U.S.C. 458cc(g)(3), 

2 including funds specifically or functionally related to the 

3 provision of trust services to the tribes or their members. 

4 SEC. 121. Notwithstanding any provision of law, in5 cluding 42 U.S.C. 4321 et seq., nonrenewable grazing per6 mits authorized in the Jarbidge Field Office, Bureau of 

7 Land Management within the past 9 years, shall be re8 newed. The Animal Unit Months authorized in any non9 renewable grazing permit between March 1, 1997, and 

10 February 28, 2005, shall continue in effect under the re11 newed permit. Nothing in this section shall be deemed to 

12 extend the renewed permit beyond the standard 1-year 

13 term. 

14 SEC. 122. Notwithstanding any other provision of 

15 law, the Secretary of the Interior is authorized to acquire 

16 lands, waters, or interests therein including the use of all 

17 or part of any pier, dock, or landing within the State of 

18 New York and the State of New Jersey, for the purpose 

19 of operating and maintaining facilities in the support of 

20 transportation and accommodation of visitors to Ellis, 

21 Governors, and Liberty Islands, and of other program and 

22 administrative activities, by donation or with appropriated 

23 funds, including franchise fees (and other monetary con24 sideration), or by exchange; and the Secretary is author25 ized to negotiate and enter into leases, subleases, concesVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 sion contracts or other agreements for the use of such fa2 cilities on such terms and conditions as the Secretary may 

3 determine reasonable. 

4 SEC. 123. Upon the request of the permittee for the 

5 Clark Mountain Allotment lands adjacent to the Mojave 

6 National Preserve, the Secretary shall also issue a special 

7 use permit for that portion of the grazing allotment lo8 cated within the Preserve. The special use permit shall be 

9 issued with the same terms and conditions as the most 

10 recently-issued permit for that allotment and the Sec11 retary shall consider the permit to be one transferred in 

12 accordance with section 325 of Public Law 108–108. 

13 SEC. 124. Notwithstanding any other provision of 

14 law, the National Park Service final winter use rules pub15 lished in Part VII of the Federal Register for November 

16 10, 2004, 69 Fed. Reg. 65348 et seq., shall be in force 

17 and effect for the winter use season of 2006–2007 that 

18 commences on or about December 15, 2006. 

19 SEC. 125. None of the funds in this or any other Act 

20 may be used to set up Centers of Excellence and Partner21 ship Skills Bank training without prior approval of the 

22 House and Senate Committees on Appropriations. 


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1 TITLE II—ENVIRONMENTAL PROTECTION 

2 AGENCY 

3 SCIENCE AND TECHNOLOGY

4 For science and technology, including research and 

5 development activities, which shall include research and 

6 development activities under the Comprehensive Environ7 mental Response, Compensation, and Liability Act of 

8 1980, as amended; necessary expenses for personnel and 

9 related costs and travel expenses, including uniforms, or 

10 allowances therefor, as authorized by 5 U.S.C. 5901– 

11 5902; services as authorized by 5 U.S.C. 3109, but at 

12 rates for individuals not to exceed the per diem rate equiv13 alent to the maximum rate payable for senior level posi14 tions under 5 U.S.C. 5376; procurement of laboratory 

15 equipment and supplies; other operating expenses in sup16 port of research and development; construction, alteration, 

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

18 exceed $85,000 per project, $808,044,000, to remain 

19 available until September 30, 2008. 

20 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

21 For environmental programs and management, in22 cluding necessary expenses not otherwise provided for, for 

23 personnel and related costs and travel expenses, including 

24 uniforms, or allowances therefor, as authorized by 5 

25 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 


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1 3109, but at rates for individuals not to exceed the per 

2 diem rate equivalent to the maximum rate payable for sen3 ior level positions under 5 U.S.C. 5376; hire of passenger 

4 motor vehicles; hire, maintenance, and operation of air5 craft; purchase of reprints; library memberships in soci6 eties or associations which issue publications to members 

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

8 who are not members; construction, alteration, repair, re9 habilitation, and renovation of facilities, not to exceed 

10 $85,000 per project; and not to exceed $9,000 for official 

11 reception and representation expenses, $2,336,442,000 

12 (increased by $1,800,000), to remain available until Sep13 tember 30, 2008, including administrative costs of the 

14 brownfields program under the Small Business Liability 

15 Relief and Brownfields Revitalization Act of 2002. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

19 General Act of 1978, as amended, and for construction, 

20 alteration, repair, rehabilitation, and renovation of facili21 ties, not to exceed $85,000 per project, $35,100,000, to 

22 remain available until September 30, 2008: Provided, 

23 That in fiscal year 2007 and thereafter, notwithstanding 

24 any other provision of law, the Inspector General shall not 


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1 serve as the Inspector General for the Chemical Safety 

2 and Hazard Investigation Board. 

3 BUILDINGS AND FACILITIES

4 For construction, repair, improvement, extension, al5 teration, and purchase of fixed equipment or facilities of, 

6 or for use by, the Environmental Protection Agency, 

7 $39,816,000, to remain available until expended. 

8 HAZARDOUS SUBSTANCE SUPERFUND

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses to carry out the Comprehen11 sive Environmental Response, Compensation, and Liabil12 ity Act of 1980 (CERCLA), as amended, including sec13 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

14 9611), and for construction, alteration, repair, rehabilita15 tion, and renovation of facilities, not to exceed $85,000 

16 per project; $1,256,855,000, to remain available until ex17 pended, consisting of such sums as are available in the 

18 Trust Fund on September 30, 2006, as authorized by sec19 tion 517(a) of the Superfund Amendments and Reauthor20 ization Act of 1986 (SARA) and up to $1,256,855,000 

21 as a payment from general revenues to the Hazardous 

22 Substance Superfund for purposes as authorized by sec23 tion 517(b) of SARA, as amended: Provided, That funds 

24 appropriated under this heading may be allocated to other 

25 Federal agencies in accordance with section 111(a) of 


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1 CERCLA: Provided further, That of the funds appro2 priated under this heading, $13,316,000 shall be trans3 ferred to the ‘‘Office of Inspector General’’ appropriation 

4 to remain available until September 30, 2008, and 

5 $30,011,000 shall be transferred to the ‘‘Science and 

6 Technology’’ appropriation to remain available until Sep7 tember 30, 2008. 

8 LEAKING UNDERGROUND STORAGE TANK PROGRAM

9 For necessary expenses to carry out leaking under10 ground storage tank cleanup activities authorized by sec11 tion 205 of the Superfund Amendments and Reauthoriza12 tion Act of 1986, and for construction, alteration, repair, 

13 rehabilitation, and renovation of facilities, not to exceed 

14 $85,000 per project, $72,759,000, to remain available 

15 until expended. 

16 OIL SPILL RESPONSE

17 For expenses necessary to carry out the Environ18 mental Protection Agency’s responsibilities under the Oil 

19 Pollution Act of 1990, $16,506,000, to be derived from 

20 the Oil Spill Liability trust fund, to remain available until 

21 expended. 

22 STATE AND TRIBAL ASSISTANCE GRANTS

23 (INCLUDING RESCISSION OF FUNDS)

24 For environmental programs and infrastructure as25 sistance, including capitalization grants for State revolvVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 ing funds and performance partnership grants, 

2 $3,009,348,000 to remain available until expended, of 

3 which $687,555,000 shall be for making capitalization 

4 grants for the Clean Water State Revolving Funds under 

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

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

7 be available for loans, including interest free loans as au8 thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter9 municipal, interstate, or State agencies or nonprofit enti10 ties for projects that provide treatment for or that mini11 mize sewage or stormwater discharges using one or more 

12 approaches which include, but are not limited to, decen13 tralized or distributed stormwater controls, decentralized 

14 wastewater treatment, low-impact development practices, 

15 conservation easements, stream buffers, or wetlands res16 toration; $841,500,000 shall be for capitalization grants 

17 for the Drinking Water State Revolving Funds under sec18 tion 1452 of the Safe Drinking Water Act, as amended; 

19 $24,750,000 shall be for architectural, engineering, plan20 ning, design, construction and related activities in connec21 tion with the construction of high priority water and 

22 wastewater facilities in the area of the United States-Mex23 ico border, after consultation with the appropriate border 

24 commission; $14,850,000 shall be for grants to the State 

25 of Alaska to address drinking water and waste infrastrucVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 ture needs of rural and Alaska Native Villages: Provided, 

2 That, of these funds: (1) the State of Alaska shall provide 

3 a match of 25 percent; (2) no more than 5 percent of the 

4 funds may be used for administrative and overhead ex5 penses; and (3) the State of Alaska shall make awards 

6 consistent with the State-wide priority list established in 

7 2004 for all water, sewer, waste disposal, and similar 

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

9 under section 221 of the Federal Water Pollution Control 

10 Act (33 U.S.C. 1301) or the Consolidated Farm and Rural 

11 Development Act (7 U.S.C. 1921 et seq.) which shall allo12 cate not less than 25 percent of the funds provided for 

13 projects in regional hub communities; $200,000,000 shall 

14 be for making special project grants for the construction 

15 of drinking water, wastewater and storm water infrastruc16 ture and for water quality protection in accordance with 

17 the terms and conditions specified for such grants in the 

18 joint explanatory statement of the managers accom19 panying this Act, and, for purposes of these grants, each 

20 grantee shall contribute not less than 45 percent of the 

21 cost of the project unless the grantee is approved for a 

22 waiver by the Agency; $89,119,000 shall be to carry out 

23 section 104(k) of the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 

25 (CERCLA), as amended, including grants, interagency 


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1 agreements, and associated program support costs; 

2 $28,000,000 shall be for the national grant and loan pro3 gram authorized by section 792 of the Energy Policy Act 

4 of 2005 for the National Clean Diesel Initiative; and 

5 $1,122,584,000 shall be for grants, including associated 

6 program support costs, to States, federally-recognized 

7 tribes, interstate agencies, tribal consortia, and air pollu8 tion control agencies for multi-media or single media pol9 lution prevention, control and abatement and related ac10 tivities, including activities pursuant to the provisions set 

11 forth under this heading in Public Law 104–134, and for 

12 making grants under section 103 of the Clean Air Act for 

13 particulate matter monitoring and data collection activi14 ties subject to terms and conditions specified by the Ad15 ministrator, of which $49,495,000 shall be for carrying 

16 out section 128 of CERCLA, as amended, $14,850,000 

17 shall be for Environmental Information Exchange Net18 work grants, including associated program support costs, 

19 not less than $18,500,000 of the funds available for grants 

20 under section 106 of the Act shall be for the water quality 

21 monitoring initiative that meet EPA standards for statis22 tically representative monitoring programs, $17,567,000 

23 to make grants to States under section 2007(f)(2) of the 

24 Solid Waste Disposal Act, as amended, and to federally25 recognized tribes under Public Law 105–276, and to proVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 vide financial assistance to States and federally-recognized 

2 tribes for the purposes authorized by Title XV, Subtitle 

3 B of the Energy Policy Act of 2005, with the exception 

4 of leaking underground storage tank cleanup activities 

5 that are authorized by section 205 of Superfund Amend6 ments and Reauthorization Act of 1986, and $15,930,000 

7 shall be for making competitive targeted watershed grants: 

8 Provided further, That notwithstanding section 603(d)(7) 

9 of the Federal Water Pollution Control Act, the limitation 

10 on the amounts in a State water pollution control revolv11 ing fund that may be used by a State to administer the 

12 fund shall not apply to amounts included as principal in 

13 loans made by such fund in fiscal year 2007 and prior 

14 years where such amounts represent costs of admin15 istering the fund to the extent that such amounts are or 

16 were deemed reasonable by the Administrator, accounted 

17 for separately from other assets in the fund, and used for 

18 eligible purposes of the fund, including administration: 

19 Provided further, That for fiscal year 2007, and notwith20 standing section 518(f) of the Act, the Administrator is 

21 authorized to use the amounts appropriated for any fiscal 

22 year under section 319 of that Act to make grants to fed23 erally-recognized Indian tribes pursuant to sections 319(h) 

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

25 year 2007, notwithstanding the limitation on amounts in 


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section 518(c) of the Act, up to a total of 11 1 ⁄2 percent 

2 of the funds appropriated for State Revolving Funds 

3 under title VI of that Act may be reserved by the Adminis4 trator for grants under section 518(c) of that Act: Pro5 vided further, That no funds provided by this Act to ad6 dress the water, wastewater and other critical infrastruc7 ture needs of the colonias in the United States along the 

8 United States-Mexico border shall be made available to a 

9 county or municipal government unless that government 

10 has established an enforceable local ordinance, or other 

11 zoning rule, which prevents in that jurisdiction the devel12 opment or construction of any additional colonia areas, or 

13 the development within an existing colonia the construc14 tion of any new home, business, or other structure which 

15 lacks water, wastewater, or other necessary infrastructure: 

16 Provided further, That of the funds made available under 

17 this heading in Division I of Public Law 108–447, 

18 $500,000 is for Monticello, AR water and wastewater in19 frastructure improvements and $500,000 is for Pine 

20 Bluff, AR water and wastewater infrastructure improve21 ments: Provided further, That funds that were appro22 priated under this heading for special project grants in 

23 fiscal year 2001 or earlier that have not been obligated 

24 on an approved grant by September 1, 2007, are re25 scinded. 


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1 ADMINISTRATIVE PROVISIONS

2 For fiscal year 2007, notwithstanding 31 U.S.C. 

3 6303(1) and 6305(1), the Administrator of the Environ4 mental Protection Agency, in carrying out the Agency’s 

5 function to implement directly Federal environmental pro6 grams required or authorized by law in the absence of an 

7 acceptable tribal program, may award cooperative agree8 ments to federally-recognized Indian Tribes or Intertribal 

9 consortia, if authorized by their member Tribes, to assist 

10 the Administrator in implementing Federal environmental 

11 programs for Indian Tribes required or authorized by law, 

12 except that no such cooperative agreements may be award13 ed from funds designated for State financial assistance 

14 agreements. 

15 The Administrator of the Environmental Protection 

16 Agency is authorized to collect and obligate pesticide reg17 istration service fees in accordance with section 33 of the 

18 Federal Insecticide, Fungicide, and Rodenticide Act (as 

19 added by subsection (f)(2) of the Pesticide Registration 

20 Improvement Act of 2003), as amended. 

21 None of the funds provided in this Act may be used, 

22 directly or through grants, to pay or to provide reimburse23 ment for payment of the salary of a consultant (whether 

24 retained by the Federal Government or a grantee) at more 

25 than the daily equivalent of the rate paid for level IV of 


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1 the Executive Schedule, unless specifically authorized by 

2 law. 

3 None of the funds made available in this Act may 

4 be used to promulgate in final form, issue, implement, or 

5 enforce the Environmental Protection Agency’s Toxics Re6 lease Inventory Burden Reduction Proposed Rule pub7 lished in the Federal Register on October 4, 2005 (Volume 

8 70, Number 191) at pages 57822 and following or the 

9 Toxics Release Inventory 2006 Burden Reduction Pro10 posed Rule published in the Federal Register on October 

11 4, 2005 (Volume 70, Number 191) at pages 57871 

12 through 57872. 

13 GENERAL PROVISIONS, ENVIRONMENTAL PROTECTION

14 AGENCY

15 SEC. 201. None of the funds made available by this 

16 Act may be used in contravention of, or to delay the imple17 mentation of, Executive Order No. 12898 of February 11, 

18 1994 (59 Fed. Reg. 7629; relating to Federal actions to 

19 address environmental justice in minority populations and 

20 low-income populations). 

21 SEC. 202. None of the funds made available in this 

22 Act may be used in contravention of 15 U.S.C. 2682(c)(3) 

23 or to delay the implementation of that section. 


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1 TITLE III—RELATED AGENCIES 

2 DEPARTMENT OF AGRICULTURE 

3 FOREST SERVICE

4 FOREST AND RANGELAND RESEARCH

5 For necessary expenses of forest and rangeland re6 search as authorized by law, $280,318,000, to remain 

7 available until expended: Provided, That of the funds pro8 vided, $62,329,000 is for the forest inventory and analysis 

9 program. 

10 STATE AND PRIVATE FORESTRY

11 For necessary expenses of cooperating with and pro12 viding technical and financial assistance to States, terri13 tories, possessions, and others, and for forest health man14 agement, including treatments of pests, pathogens, and 

15 invasive or noxious plants and for restoring and rehabili16 tating forests damaged by pests or invasive plants, cooper17 ative forestry, and education and land conservation activi18 ties and conducting an international program as author19 ized, $228,608,000, to remain available until expended, as 

20 authorized by law of which $9,280,000 is to be derived 

21 from the Land and Water Conservation Fund: Provided, 

22 That none of the funds provided under this heading for 

23 the acquisition of lands or interests in lands shall be avail24 able until the Forest Service notifies the House Committee 

25 on Appropriations and the Senate Committee on ApproVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 priations, in writing, of specific contractual and grant de2 tails including the non-Federal cost share. 

3 NATIONAL FOREST SYSTEM

4 For necessary expenses of the Forest Service, not 

5 otherwise provided for, for management, protection, im6 provement, and utilization of the National Forest System, 

7 $1,445,659,000 (reduced by $2,000,000), to remain avail8 able until expended, which shall include 50 percent of all 

9 moneys received during prior fiscal years as fees collected 

10 under the Land and Water Conservation Fund Act of 

11 1965, as amended, in accordance with section 4 of the Act 

12 (16 U.S.C. 460l–6a(i)): Provided, That unobligated bal13 ances under this heading available at the start of fiscal 

14 year 2007 shall be displayed by budget line item in the 

15 fiscal year 2008 budget justification. 

16 WILDLAND FIRE MANAGEMENT

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses for forest fire presuppression 

19 activities on National Forest System lands, for emergency 

20 fire suppression on or adjacent to such lands or other 

21 lands under fire protection agreement, hazardous fuels re22 duction on or adjacent to such lands, and for emergency 

23 rehabilitation of burned-over National Forest System 

24 lands and water, $1,810,566,000, to remain available until 

25 expended: Provided, That such funds including unobliVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 gated balances under this heading, are available for repay2 ment of advances from other appropriations accounts pre3 viously transferred for such purposes: Provided further, 

4 That such funds shall be available to reimburse State and 

5 other cooperating entities for services provided in response 

6 to wildfire and other emergencies or disasters to the extent 

7 such reimbursements by the Forest Service for non-fire 

8 emergencies are fully repaid by the responsible emergency 

9 management agency: Provided further, That not less than 

10 50 percent of any unobligated balances remaining (exclu11 sive of amounts for hazardous fuels reduction) at the end 

12 of fiscal years 2006 and 2007 shall be transferred to the 

13 fund established pursuant to section 3 of Public Law 71– 

14 319 (16 U.S.C. 576 et seq.) if necessary to reimburse the 

15 fund for unpaid past advances: Provided further, That, 

16 notwithstanding any other provision of law, $8,000,000 of 

17 funds appropriated under this appropriation shall be used 

18 for Fire Science Research in support of the Joint Fire 

19 Science Program: Provided further, That all authorities for 

20 the use of funds, including the use of contracts, grants, 

21 and cooperative agreements, available to execute the For22 est and Rangeland Research appropriation, are also avail23 able in the utilization of these funds for Fire Science Re24 search: Provided further, That funds provided shall be 

25 available for emergency rehabilitation and restoration, 


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1 hazardous fuels reduction activities in the urban-wildland 

2 interface, support to Federal emergency response, and 

3 wildfire suppression activities of the Forest Service: Pro4 vided further, That of the funds provided, $296,792,000 

5 is for hazardous fuels reduction activities, $5,000,000 is 

6 for rehabilitation and restoration, $22,800,000 is for re7 search activities and to make competitive research grants 

8 pursuant to the Forest and Rangeland Renewable Re9 sources Research Act, as amended (16 U.S.C. 1641 et 

10 seq.), $43,000,000 is for State fire assistance, 

11 $12,810,000 is for volunteer fire assistance, $14,800,000 

12 is for forest health activities on Federal lands and 

13 $10,000,000 is for forest health activities on State and 

14 private lands: Provided further, That amounts in this para15 graph may be transferred to the ‘‘State and Private For16 estry’’, ‘‘National Forest System’’, and ‘‘Forest and 

17 Rangeland Research’’ accounts to fund State fire assist18 ance, volunteer fire assistance, forest health management, 

19 forest and rangeland research, vegetation and watershed 

20 management, heritage site rehabilitation, and wildlife and 

21 fish habitat management and restoration: Provided fur22 ther, That transfers of any amounts in excess of those au23 thorized in this paragraph, shall require approval of the 

24 House and Senate Committees on Appropriations in com25 pliance with reprogramming procedures contained in the 


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1 report accompanying this Act: Provided further, That the 

2 costs of implementing any cooperative agreement between 

3 the Federal Government and any non-Federal entity may 

4 be shared, as mutually agreed on by the affected parties: 

5 Provided further, That in addition to funds provided for 

6 State Fire Assistance programs, and subject to all au7 thorities available to the Forest Service under the State 

8 and Private Forestry Appropriation, up to $15,000,000 

9 may be used on adjacent non-Federal lands for the pur10 pose of protecting communities when hazard reduction ac11 tivities are planned on national forest lands that have the 

12 potential to place such communities at risk: Provided fur13 ther, That included in funding for hazardous fuel reduc14 tion is $5,000,000 for implementing the Community For15 est Restoration Act, Public Law 106–393, title VI, and 

16 any portion of such funds shall be available for use on 

17 non-Federal lands in accordance with authorities available 

18 to the Forest Service under the State and Private Forestry 

19 appropriation: Provided further, That the Secretary of the 

20 Interior and the Secretary of Agriculture may authorize 

21 the transfer of funds appropriated for wildland fire man22 agement, in an aggregate amount not to exceed 

23 $9,000,000, between the Departments when such trans24 fers would facilitate and expedite jointly funded wildland 

25 fire management programs and projects: Provided further, 


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1 That of the funds provided for hazardous fuels reduction, 

2 not to exceed $5,000,000, may be used to make grants, 

3 using any authorities available to the Forest Service under 

4 the State and Private Forestry appropriation, for the pur5 pose of creating incentives for increased use of biomass 

6 from national forest lands: Provided further, That funds 

7 designated for wildfire suppression shall be assessed for 

8 indirect costs on the same basis as such assessments are 

9 calculated against other agency programs. 

10 CAPITAL IMPROVEMENT AND MAINTENANCE

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses of the Forest Service, not 

13 otherwise provided for, $411,025,000, to remain available 

14 until expended for construction, reconstruction, mainte15 nance, and acquisition of, buildings and other facilities, 

16 and for construction, reconstruction, repair, decommis17 sioning, and maintenance of forest roads and trails by the 

18 Forest Service as authorized by 16 U.S.C. 532–538 and 

19 23 U.S.C. 101 and 205: Provided, That up to $15,000,000 

20 of the funds provided herein for road maintenance shall 

21 be available for the decommissioning of roads, including 

22 unauthorized roads not part of the transportation system, 

23 which are no longer needed: Provided further, That no 

24 funds shall be expended to decommission any system road 

25 until notice and an opportunity for public comment has 


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1 been provided on each decommissioning project: Provided 

2 further, That $7,400,000 of the funds made available in 

3 section 8098(b) of Public Law 108–287, to construct a 

4 wildfire management training facility in San Bernardino 

5 County, shall be transferred within 15 days of the enact6 ment of this Act to the Forest Service, ‘‘Wildland Fire 

7 Management’’ account and shall be available for haz8 ardous fuels reduction, hazard mitigation, and rehabilita9 tion activities of the Forest Service in the San Bernardino 

10 National Forest so long as this funding is used in addition 

11 to, and not in place of, all normal funding allocated to 

12 this Forest. 

13 LAND ACQUISITION

14 For expenses necessary to carry out the provisions 

15 of the Land and Water Conservation Fund Act of 1965, 

16 as amended (16 U.S.C. 460l–4 through 11), including ad17 ministrative expenses, and for acquisition of land or wa18 ters, or interest therein, in accordance with statutory au19 thority applicable to the Forest Service, $7,500,000, to be 

20 derived from the Land and Water Conservation Fund and 

21 to remain available until expended: Provided, That the 

22 Forest Service may not use funds in fiscal year 2007, in23 cluding funds made available in Public Law 96–586 or 

24 any other Act, to purchase land for the Homewood Con25 servation Project in Lake Tahoe, California. 


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1 ACQUISITION OF LANDS FOR NATIONAL FORESTS

2 SPECIAL ACTS

3 For acquisition of lands within the exterior bound4 aries of the Cache, Uinta, and Wasatch National Forests, 

5 Utah; the Toiyabe National Forest, Nevada; and the An6 geles, San Bernardino, Sequoia, and Cleveland National 

7 Forests, California, as authorized by law, $1,053,000, to 

8 be derived from forest receipts. 

9 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

10 For acquisition of lands, such sums, to be derived 

11 from funds deposited by State, county, or municipal gov12 ernments, public school districts, or other public school au13 thorities, and for authorized expenditures from funds de14 posited by non-Federal parties pursuant to Land Sale and 

15 Exchange Acts (16 U.S.C. 4601–516–617a, 555a; Public 

16 Law 96–586; Public Law 76–589, 76–591; and 78–310), 

17 pursuant to the Act of December 4, 1967, as amended 

18 (16 U.S.C. 484a), to remain available until expended. 

19 RANGE BETTERMENT FUND

20 For necessary expenses of range rehabilitation, pro21 tection, and improvement, 50 percent of all moneys re22 ceived during the prior fiscal year, as fees for grazing do23 mestic livestock on lands in National Forests in the 16 

24 Western States, pursuant to section 401(b)(1) of Public 

25 Law 94–579, as amended, to remain available until ex26 pended, of which not to exceed 6 percent shall be available 


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1 for administrative expenses associated with on-the-ground 

2 range rehabilitation, protection, and improvements. 

3 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

4 RANGELAND RESEARCH

5 For expenses authorized by 16 U.S.C. 1643(b), 

6 $63,000, to remain available until expended, to be derived 

7 from the fund established pursuant to the above Act. 

8 MANAGEMENT OF NATIONAL FOREST LANDS FOR

9 SUBSISTENCE USES

10 For necessary expenses of the Forest Service to man11 age Federal lands in Alaska for subsistence uses under 

12 title VIII of the Alaska National Interest Lands Conserva13 tion Act (Public Law 96–487), $5,311,000, to remain 

14 available until expended. 

15 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

16 Appropriations to the Forest Service for the current 

17 fiscal year shall be available for: (1) purchase of passenger 

18 motor vehicles; acquisition of passenger motor vehicles 

19 from excess sources, and hire of such vehicles; purchase, 

20 lease, operation, maintenance, and acquisition of aircraft 

21 from excess sources to maintain the operable fleet for use 

22 in Forest Service wildland fire programs and other Forest 

23 Service programs; notwithstanding other provisions of law, 

24 existing aircraft being replaced may be sold, with proceeds 

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

26 for the replacement aircraft; (2) services pursuant to 7 


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1 U.S.C. 2225, and not to exceed $100,000 for employment 

2 under 5 U.S.C. 3109; (3) purchase, erection, and alter3 ation of buildings and other public improvements (7 

4 U.S.C. 2250); (4) acquisition of land, waters, and inter5 ests therein pursuant to 7 U.S.C. 428a; (5) for expenses 

6 pursuant to the Volunteers in the National Forest Act of 

7 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 

8 of uniforms as authorized by 5 U.S.C. 5901–5902; and 

9 (7) for debt collection contracts in accordance with 31 

10 U.S.C. 3718(c). 

11 Any appropriations or funds available to the Forest 

12 Service may be transferred to the Wildland Fire Manage13 ment appropriation for forest firefighting, emergency re14 habilitation of burned-over or damaged lands or waters 

15 under its jurisdiction, and fire preparedness due to severe 

16 burning conditions upon notification of the House and 

17 Senate Committees on Appropriations and if and only if 

18 all previously appropriated emergency contingent funds 

19 under the heading ‘‘Wildland Fire Management’’ have 

20 been released by the President and apportioned and all 

21 wildfire suppression funds under the heading ‘‘Wildland 

22 Fire Management’’ are obligated. 

23 The first transfer of funds into the Wildland Fire 

24 Management account shall include unobligated funds, if 

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1 est Legacy program within the State and Private Forestry 

2 account. 

3 Funds appropriated to the Forest Service shall be 

4 available for assistance to or through the Agency for Inter5 national Development in connection with forest and range6 land research, technical information, and assistance in for7 eign countries, and shall be available to support forestry 

8 and related natural resource activities outside the United 

9 States and its territories and possessions, including tech10 nical assistance, education and training, and cooperation 

11 with United States and international organizations. 

12 None of the funds made available to the Forest Serv13 ice under this Act shall be subject to transfer under the 

14 provisions of section 702(b) of the Department of Agri15 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 

16 147b. 

17 None of the funds available to the Forest Service may 

18 be reprogrammed without the advance approval of the 

19 House and Senate Committees on Appropriations in ac20 cordance with the reprogramming procedures contained in 

21 the report accompanying this Act. 

22 Not more than $73,052,000 of funds available to the 

23 Forest Service shall be transferred to the Working Capital 

24 Fund of the Department of Agriculture. Nothing in this 

25 paragraph shall prohibit or limit the use of reimbursable 


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1 agreements requested by the Forest Service in order to 

2 obtain services from the Department of Agriculture’s Na3 tional Information Technology Center. 

4 Funds available to the Forest Service shall be avail5 able to conduct a program of not less than $2,500,000 

6 for high priority projects within the scope of the approved 

7 budget which shall be carried out by the Youth Conserva8 tion Corps. 

9 Of the funds available to the Forest Service, $4,000 

10 is available to the Chief of the Forest Service for official 

11 reception and representation expenses. 

12 Pursuant to sections 405(b) and 410(b) of Public 

13 Law 101–593, of the funds available to the Forest Service, 

14 $2,500,000 may be advanced in a lump sum to the Na15 tional Forest Foundation to aid conservation partnership 

16 projects in support of the Forest Service mission, without 

17 regard to when the Foundation incurs expenses, for ad18 ministrative expenses or projects on or benefitting Na19 tional Forest System lands or related to Forest Service 

20 programs: Provided, That of the Federal funds made 

21 available to the Foundation, no more than $100,000 shall 

22 be available for administrative expenses: Provided further, 

23 That the Foundation shall obtain, by the end of the period 

24 of Federal financial assistance, private contributions to 

25 match on at least one-for-one basis funds made available 


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1 by the Forest Service: Provided further, That the Founda2 tion may transfer Federal funds to a non-Federal recipient 

3 for a project at the same rate that the recipient has ob4 tained the non-Federal matching funds: Provided further, 

5 That authorized investments of Federal funds held by the 

6 Foundation may be made only in interest-bearing obliga7 tions of the United States or in obligations guaranteed as 

8 to both principal and interest by the United States. 

9 Pursuant to section 2(b)(2) of Public Law 98–244, 

10 $2,250,000 of the funds available to the Forest Service 

11 shall be advanced to the National Fish and Wildlife Foun12 dation in a lump sum to aid cost-share conservation 

13 projects, without regard to when expenses are incurred, 

14 on or benefitting National Forest System lands or related 

15 to Forest Service programs. Such funds shall be matched 

16 on at least a one-for-one basis by the Foundation or its 

17 subrecipients. 

18 Funds appropriated to the Forest Service shall be 

19 available for payments to counties within the Columbia 

20 River Gorge National Scenic Area, pursuant to sections 

21 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

22 663. 

23 Notwithstanding any other provision of law, any ap24 propriations or funds available to the Forest Service not 

25 to exceed $500,000 may be used to reimburse the Office 


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1 of the General Counsel (OGC), Department of Agri2 culture, for travel and related expenses incurred as a re3 sult of OGC assistance or participation requested by the 

4 Forest Service at meetings, training sessions, management 

5 reviews, land purchase negotiations and similar non-litiga6 tion related matters. Future budget justifications for both 

7 the Forest Service and the Department of Agriculture 

8 should clearly display the sums previously transferred and 

9 the requested funding transfers. 

10 Any appropriations or funds available to the Forest 

11 Service may be used for necessary expenses in the event 

12 of law enforcement emergencies as necessary to protect 

13 natural resources and public or employee safety: Provided, 

14 That such amounts shall not exceed $500,000. 

15 An eligible individual who is employed in any project 

16 funded under title V of the Older American Act of 1965 

17 (42 U.S.C. 3056 et seq.) and administered by the Forest 

18 Service shall be considered to be a Federal employee for 

19 purposes of chapter 171 of title 28, United States Code. 

20 Any funds appropriated to the Forest Service may 

21 be used to meet the non-Federal share requirement in sec22 tion 502(c) of the Older American Act of 1965 (42 U.S.C. 

23 3056(c)(2)). 

24 Funds available to the Forest Service, not to exceed 

25 $45,000,000, shall be assessed for the purpose of perVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 forming facilities maintenance. Such assessments shall 

2 occur using a square foot rate charged on the same basis 

3 the agency uses to assess programs for payment of rent, 

4 utilities, and other support services. 

5 DEPARTMENT OF HEALTH AND HUMAN 

6 SERVICES 

7 INDIAN HEALTH SERVICE

8 INDIAN HEALTH SERVICES

9 For expenses necessary to carry out the Act of Au10 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina11 tion Act, the Indian Health Care Improvement Act, and 

12 titles II and III of the Public Health Service Act with re13 spect to the Indian Health Service, $2,830,136,000, to14 gether with payments received during the fiscal year pur15 suant to 42 U.S.C. 238(b) for services furnished by the 

16 Indian Health Service: Provided, That funds made avail17 able to tribes and tribal organizations through contracts, 

18 grant agreements, or any other agreements or compacts 

19 authorized by the Indian Self-Determination and Edu20 cation Assistance Act of 1975 (25 U.S.C. 450), shall be 

21 deemed to be obligated at the time of the grant or contract 

22 award and thereafter shall remain available to the tribe 

23 or tribal organization without fiscal year limitation: Pro24 vided further, That up to $18,000,000 shall remain avail25 able until expended, for the Indian Catastrophic Health 


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1 Emergency Fund: Provided further, That $536,259,000 

2 for contract medical care shall remain available until Sep3 tember 30, 2008: Provided further, That of the funds pro4 vided, up to $27,000,000, to remain available until ex5 pended, shall be used to carry out the loan repayment pro6 gram under section 108 of the Indian Health Care Im7 provement Act: Provided further, That funds provided in 

8 this Act may be used for one-year contracts and grants 

9 which are to be performed in two fiscal years, so long as 

10 the total obligation is recorded in the year for which the 

11 funds are appropriated: Provided further, That the 

12 amounts collected by the Secretary of Health and Human 

13 Services under the authority of title IV of the Indian 

14 Health Care Improvement Act shall remain available until 

15 expended for the purpose of achieving compliance with the 

16 applicable conditions and requirements of titles XVIII and 

17 XIX of the Social Security Act (exclusive of planning, de18 sign, or construction of new facilities): Provided further, 

19 That funding contained herein, and in any earlier appro20 priations Acts for scholarship programs under the Indian 

21 Health Care Improvement Act (25 U.S.C. 1613) shall re22 main available until expended: Provided further, That 

23 amounts received by tribes and tribal organizations under 

24 title IV of the Indian Health Care Improvement Act shall 

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1 ing tribes and tribal organizations until expended: Pro2 vided further, That, notwithstanding any other provision 

3 of law, of the amounts provided herein, not to exceed 

4 $270,316,000 shall be for payments to tribes and tribal 

5 organizations for contract or grant support costs associ6 ated with contracts, grants, self-governance compacts or 

7 annual funding agreements between the Indian Health 

8 Service and a tribe or tribal organization pursuant to the 

9 Indian Self-Determination Act of 1975, as amended, prior 

10 to or during fiscal year 2007, of which not to exceed 

11 $5,000,000 may be used for contract support costs associ12 ated with new or expanded self-determination contracts, 

13 grants, self-governance compacts or annual funding agree14 ments: Provided further, That the Bureau of Indian Af15 fairs may collect from the Indian Health Service and 

16 tribes and tribal organizations operating health facilities 

17 pursuant to Public Law 93–638 such individually identifi18 able health information relating to disabled children as 

19 may be necessary for the purpose of carrying out its func20 tions under the Individuals with Disabilities Education 

21 Act (20 U.S.C. 1400 et seq.). 

22 INDIAN HEALTH FACILITIES

23 For construction, repair, maintenance, improvement, 

24 and equipment of health and related auxiliary facilities, 

25 including quarters for personnel; preparation of plans, 

26 specifications, and drawings; acquisition of sites, purchase 


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1 and erection of modular buildings, and purchases of trail2 ers; and for provision of domestic and community sanita3 tion facilities for Indians, as authorized by section 7 of 

4 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

5 Self-Determination Act, and the Indian Health Care Im6 provement Act, and for expenses necessary to carry out 

7 such Acts and titles II and III of the Public Health Serv8 ice Act with respect to environmental health and facilities 

9 support activities of the Indian Health Service, 

10 $363,573,000, to remain available until expended: Pro11 vided, That notwithstanding any other provision of law, 

12 funds appropriated for the planning, design, construction 

13 or renovation of health facilities for the benefit of an In14 dian tribe or tribes may be used to purchase land for sites 

15 to construct, improve, or enlarge health or related facili16 ties: Provided further, That not to exceed $500,000 shall 

17 be used by the Indian Health Service to purchase 

18 TRANSAM equipment from the Department of Defense 

19 for distribution to the Indian Health Service and tribal 

20 facilities: Provided further, That none of the funds appro21 priated to the Indian Health Service may be used for sani22 tation facilities construction for new homes funded with 

23 grants by the housing programs of the United States De24 partment of Housing and Urban Development: Provided 

25 further, That not to exceed $1,000,000 from this account 


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1 and the ‘‘Indian Health Services’’ account shall be used 

2 by the Indian Health Service to obtain ambulances for the 

3 Indian Health Service and tribal facilities in conjunction 

4 with an existing interagency agreement between the In5 dian Health Service and the General Services Administra6 tion: Provided further, That not to exceed $500,000 shall 

7 be placed in a Demolition Fund, available until expended, 

8 to be used by the Indian Health Service for demolition 

9 of Federal buildings. 

10 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

11 Appropriations in this Act to the Indian Health Serv12 ice shall be available for services as authorized by 5 U.S.C. 

13 3109 but at rates not to exceed the per diem rate equiva14 lent to the maximum rate payable for senior-level positions 

15 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

16 aircraft; purchase of medical equipment; purchase of re17 prints; purchase, renovation and erection of modular 

18 buildings and renovation of existing facilities; payments 

19 for telephone service in private residences in the field, 

20 when authorized under regulations approved by the Sec21 retary; and for uniforms or allowances therefor as author22 ized by 5 U.S.C. 5901–5902; and for expenses of attend23 ance at meetings which are concerned with the functions 

24 or activities for which the appropriation is made or which 

25 will contribute to improved conduct, supervision, or man26 agement of those functions or activities. 


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1 In accordance with the provisions of the Indian 

2 Health Care Improvement Act, non-Indian patients may 

3 be extended health care at all tribally administered or In4 dian Health Service facilities, subject to charges, and the 

5 proceeds along with funds recovered under the Federal 

6 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

7 be credited to the account of the facility providing the 

8 service and shall be available without fiscal year limitation. 

9 Notwithstanding any other law or regulation, funds trans10 ferred from the Department of Housing and Urban Devel11 opment to the Indian Health Service shall be administered 

12 under Public Law 86–121 (the Indian Sanitation Facili13 ties Act) and Public Law 93–638, as amended. 

14 Funds appropriated to the Indian Health Service in 

15 this Act, except those used for administrative and program 

16 direction purposes, shall not be subject to limitations di17 rected at curtailing Federal travel and transportation. 

18 None of the funds made available to the Indian 

19 Health Service in this Act shall be used for any assess20 ments or charges by the Department of Health and 

21 Human Services unless identified in the budget justifica22 tion and provided in this Act, or approved by the House 

23 and Senate Committees on Appropriations through the re24 programming process. Personnel ceilings may not be im25 posed on the Indian Health Service nor may any action 


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1 be taken to reduce the full time equivalent level of the 

2 Indian Health Service below the level in fiscal year 2002 

3 adjusted upward for the staffing of new and expanded fa4 cilities, funding provided for staffing at the Lawton, Okla5 homa hospital in fiscal years 2003 and 2004, critical posi6 tions not filled in fiscal year 2002, and staffing necessary 

7 to carry out the intent of Congress with regard to program 

8 increases. 

9 Notwithstanding any other provision of law, funds 

10 previously or herein made available to a tribe or tribal or11 ganization through a contract, grant, or agreement au12 thorized by title I or title V of the Indian Self-Determina13 tion and Education Assistance Act of 1975 (25 U.S.C. 

14 450), may be deobligated and reobligated to a self-deter15 mination contract under title I, or a self-governance agree16 ment under title V of such Act and thereafter shall remain 

17 available to the tribe or tribal organization without fiscal 

18 year limitation. 

19 None of the funds made available to the Indian 

20 Health Service in this Act shall be used to implement the 

21 final rule published in the Federal Register on September 

22 16, 1987, by the Department of Health and Human Serv23 ices, relating to the eligibility for the health care services 

24 of the Indian Health Service until the Indian Health Serv25 ice has submitted a budget request reflecting the increased 


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1 costs associated with the proposed final rule, and such re2 quest has been included in an appropriations Act and en3 acted into law. 

4 With respect to functions transferred by the Indian 

5 Health Service to tribes or tribal organizations, the Indian 

6 Health Service is authorized to provide goods and services 

7 to those entities, on a reimbursable basis, including pay8 ment in advance with subsequent adjustment. The reim9 bursements received therefrom, along with the funds re10 ceived from those entities pursuant to the Indian Self-De11 termination Act, may be credited to the same or subse12 quent appropriation account which provided the funding. 

13 Such amounts shall remain available until expended. 

14 Reimbursements for training, technical assistance, or 

15 services provided by the Indian Health Service will contain 

16 total costs, including direct, administrative, and overhead 

17 associated with the provision of goods, services, or tech18 nical assistance. 

19 The appropriation structure for the Indian Health 

20 Service may not be altered without advance notification 

21 to the House and Senate Committees on Appropriations. 


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1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

3 SCIENCES

4 For necessary expenses for the National Institute of 

5 Environmental Health Sciences in carrying out activities 

6 set forth in section 311(a) of the Comprehensive Environ7 mental Response, Compensation, and Liability Act of 

8 1980, as amended, and section 126(g) of the Superfund 

9 Amendments and Reauthorization Act of 1986, 

10 $79,414,000, of which $3,000,000 for individual project 

11 grants shall remain available until September 30, 2008. 

12 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

13 REGISTRY

14 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

15 HEALTH

16 For necessary expenses for the Agency for Toxic Sub17 stances and Disease Registry (ATSDR) in carrying out 

18 activities set forth in sections 104(i), 111(c)(4), and 

19 111(c)(14) of the Comprehensive Environmental Re20 sponse, Compensation, and Liability Act of 1980 

21 (CERCLA), as amended; section 118(f) of the Superfund 

22 Amendments and Reauthorization Act of 1986, as amend23 ed; and section 3019 of the Solid Waste Disposal Act, as 

24 amended, $76,754,000, of which up to $1,500,000, to re25 main available until expended, is for Individual Learning 


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1 Accounts for full-time equivalent employees of the Agency 

2 for Toxic Substances and Disease Registry: Provided, 

3 That notwithstanding any other provision of law, in lieu 

4 of performing a health assessment under section 104(i)(6) 

5 of CERCLA, the Administrator of ATSDR may conduct 

6 other appropriate health studies, evaluations, or activities, 

7 including, without limitation, biomedical testing, clinical 

8 evaluations, medical monitoring, and referral to accredited 

9 health care providers: Provided further, That in per10 forming any such health assessment or health study, eval11 uation, or activity, the Administrator of ATSDR shall not 

12 be bound by the deadlines in section 104(i)(6)(A) of 

13 CERCLA: Provided further, That funds paid for adminis14 trative costs to the Centers of Disease Control and Preven15 tion shall not exceed 7.5 percent of the funding provided 

16 under this heading: Provided further, That none of the 

17 funds appropriated under this heading shall be available 

18 for ATSDR to issue in excess of 40 toxicological profiles 

19 pursuant to section 104(i) of CERCLA during fiscal year 

20 2007, and existing profiles may be updated as necessary. 


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1 OTHER RELATED AGENCIES 

2 EXECUTIVE OFFICE OF THE PRESIDENT

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 For necessary expenses to continue functions as6 signed to the Council on Environmental Quality and Office 

7 of Environmental Quality pursuant to the National Envi8 ronmental Policy Act of 1969, the Environmental Quality 

9 Improvement Act of 1970, and Reorganization Plan No. 

10 1 of 1977, and not to exceed $750 for official reception 

11 and representation expenses, $2,627,000: Provided, That 

12 notwithstanding section 202 of the National Environ13 mental Policy Act of 1970, the Council shall consist of 

14 one member, appointed by the President, by and with the 

15 advice and consent of the Senate, serving as chairman and 

16 exercising all powers, functions, and duties of the Council. 

17 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses in carrying out activities pur20 suant to section 112(r)(6) of the Clean Air Act, as amend21 ed, including hire of passenger vehicles, uniforms or allow22 ances therefor, as authorized by 5 U.S.C. 5901–5902, and 

23 for services authorized by 5 U.S.C. 3109 but at rates for 

24 individuals not to exceed the per diem equivalent to the 

25 maximum rate payable for senior level positions under 5 


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1 U.S.C. 5376, $9,208,000: Provided, That the Chemical 

2 Safety and Hazard Investigation Board (Board) shall have 

3 not more than three career Senior Executive Service posi4 tions: Provided further, That in fiscal year 2007 and there5 after, notwithstanding any other provision of law, the En6 vironmental Protection Agency Inspector General shall not 

7 serve as the Inspector General for the Board: Provided 

8 further, That up to $600,000 of the funds provided herein 

9 may be used for personnel compensation and benefits for 

10 the Members of the Board. 

11 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of Navajo and 

14 Hopi Indian Relocation as authorized by Public Law 93– 

15 531, $5,940,000, to remain available until expended: Pro16 vided, That funds provided in this or any other appropria17 tions Act are to be used to relocate eligible individuals and 

18 groups including evictees from District 6, Hopi-partitioned 

19 lands residents, those in significantly substandard hous20 ing, and all others certified as eligible and not included 

21 in the preceding categories: Provided further, That none 

22 of the funds contained in this or any other Act may be 

23 used by the Office of Navajo and Hopi Indian Relocation 

24 to evict any single Navajo or Navajo family who, as of 

25 November 30, 1985, was physically domiciled on the lands 


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1 partitioned to the Hopi Tribe unless a new or replacement 

2 home is provided for such household: Provided further, 

3 That no relocatee will be provided with more than one new 

4 or replacement home: Provided further, That the Office 

5 shall relocate any certified eligible relocatees who have se6 lected and received an approved homesite on the Navajo 

7 reservation or selected a replacement residence off the 

8 Navajo reservation or on the land acquired pursuant to 

9 25 U.S.C. 640d–10. 

10 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

11 CULTURE AND ARTS DEVELOPMENT

12 PAYMENT TO THE INSTITUTE

13 For payment to the Institute of American Indian and 

14 Alaska Native Culture and Arts Development, as author15 ized by title XV of Public Law 99–498, as amended (20 

16 U.S.C. 56 part A), $6,703,000. 

17 SMITHSONIAN INSTITUTION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Smithsonian Institu20 tion, as authorized by law, including research in the fields 

21 of art, science, and history; development, preservation, and 

22 documentation of the National Collections; presentation of 

23 public exhibits and performances; collection, preparation, 

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1 ance programs; maintenance, alteration, operation, lease 

2 (for terms not to exceed 30 years), and protection of build3 ings, facilities, and approaches; not to exceed $100,000 

4 for services as authorized by 5 U.S.C. 3109; up to five 

5 replacement passenger vehicles; purchase, rental, repair, 

6 and cleaning of uniforms for employees, $517,094,000, of 

7 which $10,000,000 is for facilities maintenance at the Na8 tional Zoological Park; of which not to exceed $9,964,000 

9 for the instrumentation program, collections acquisition, 

10 exhibition reinstallation, the National Museum of African 

11 American History and Culture, and the repatriation of 

12 skeletal remains program shall remain available until ex13 pended; and of which $2,077,000 for fellowships and 

14 scholarly awards shall remain available until September 

15 30, 2008; and including such funds as may be necessary 

16 to support American overseas research centers and a total 

17 of $125,000 for the Council of American Overseas Re18 search Centers: Provided, That funds appropriated herein 

19 are available for advance payments to independent con20 tractors performing research services or participating in 

21 official Smithsonian presentations. 

22 FACILITIES CAPITAL

23 For necessary expenses of repair, revitalization, and 

24 alteration of facilities owned or occupied by the Smithso25 nian Institution, by contract or otherwise, as authorized 

26 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 


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1 and for construction, including necessary personnel, 

2 $107,000,000, to remain available until expended, of 

3 which $20,000,000 is for maintenance, repair, rehabilita4 tion, and construction of facilities at the National Zoolog5 ical Park, and of which not to exceed $10,000 is for serv6 ices as authorized by 5 U.S.C. 3109: Provided, That con7 tracts awarded for environmental systems, protection sys8 tems, and repair or restoration of facilities of the Smithso9 nian Institution may be negotiated with selected contrac10 tors and awarded on the basis of contractor qualifications 

11 as well as price. 

12 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

13 INSTITUTION

14 None of the funds in this or any other Act may be 

15 used to make any changes to the existing Smithsonian 

16 science programs including closure of facilities, relocation 

17 of staff or redirection of functions and programs without 

18 the advance approval of the House and Senate Committees 

19 on Appropriations. 

20 None of the funds in this or any other Act may be 

21 used to initiate the design for any proposed expansion of 

22 current space or new facility without consultation with the 

23 House and Senate Committees on Appropriations. 

24 None of the funds in this or any other Act may be 

25 used for the Holt House located at the National Zoological 

26 Park in Washington, D.C., unless identified as repairs to 


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1 minimize water damage, monitor structure movement, or 

2 provide interim structural support. 

3 None of the funds available to the Smithsonian may 

4 be reprogrammed without the advance approval of the 

5 House and Senate Committees on Appropriations in ac6 cordance with the reprogramming procedures contained in 

7 the statement of the managers accompanying this Act. 

8 None of the funds in this or any other Act may be 

9 used to purchase any additional buildings without prior 

10 consultation with the House and Senate Committees on 

11 Appropriations. 

12 None of the funds made available by this Act may 

13 be used to execute any contract or legal agreement with 

14 a for-profit entity which has the effect of significantly lim15 iting access by the public to Smithsonian personnel or to 

16 Smithsonian collections unless such agreement has been 

17 publicly noticed at least 30 days prior to entering into 

18 such contract or agreement and has been approved by the 

19 Regents of the Smithsonian Institution after reviewing 

20 any public comments that have been received during the 

21 public comment period. This section does not limit the 

22 Smithsonian’s existing authority to grant or deny any spe23 cific request, by any organization or individual for access, 

24 based on its judgment of the appropriateness of the use 


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1 of Smithsonian resources being proposed in a specific ap2 plication. 

3 None of the funds in the Act shall be used to admin4 ister or otherwise facilitate the payment of compensation 

5 to any officer or employee of the Smithsonian or any of 

6 its subsidiary organizations at an annual rate of pay, in7 cluding any bonuses or similar cash or in-kind amounts, 

8 in excess of the rate of pay of the President of the United 

9 States. 

10 NATIONAL GALLERY OF ART

11 SALARIES AND EXPENSES

12 For the upkeep and operations of the National Gal13 lery of Art, the protection and care of the works of art 

14 therein, and administrative expenses incident thereto, as 

15 authorized by the Act of March 24, 1937 (50 Stat. 51), 

16 as amended by the public resolution of April 13, 1939 

17 (Public Resolution 9, Seventy-sixth Congress), including 

18 services as authorized by 5 U.S.C. 3109; payment in ad19 vance when authorized by the treasurer of the Gallery for 

20 membership in library, museum, and art associations or 

21 societies whose publications or services are available to 

22 members only, or to members at a price lower than to the 

23 general public; purchase, repair, and cleaning of uniforms 

24 for guards, and uniforms, or allowances therefor, for other 

25 employees as authorized by law (5 U.S.C. 5901–5902); 


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1 purchase or rental of devices and services for protecting 

2 buildings and contents thereof, and maintenance, alter3 ation, improvement, and repair of buildings, approaches, 

4 and grounds; and purchase of services for restoration and 

5 repair of works of art for the National Gallery of Art by 

6 contracts made, without advertising, with individuals, 

7 firms, or organizations at such rates or prices and under 

8 such terms and conditions as the Gallery may deem prop9 er, $101,794,000, of which not to exceed $3,239,000 for 

10 the special exhibition program shall remain available until 

11 expended. 

12 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

13 For necessary expenses of repair, restoration and 

14 renovation of buildings, grounds and facilities owned or 

15 occupied by the National Gallery of Art, by contract or 

16 otherwise, as authorized, $14,949,000, to remain available 

17 until expended: Provided, That contracts awarded for envi18 ronmental systems, protection systems, and exterior repair 

19 or renovation of buildings of the National Gallery of Art 

20 may be negotiated with selected contractors and awarded 

21 on the basis of contractor qualifications as well as price: 

22 Provided further, That, notwithstanding any other provi23 sion of law, a single procurement for the Master Facilities 

24 Plan renovation project at the National Gallery of Art may 

25 be issued which includes the full scope of the Work Area 

26 #3 project: Provided further, That the solicitation and the 


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1 contract shall contain the clause ‘‘availability of funds’’ 

2 found at 48 CFR 52.232.18. 

3 JOHN F. KENNEDY CENTER FOR THE PERFORMING

4 ARTS

5 OPERATIONS AND MAINTENANCE

6 For necessary expenses for the operation, mainte7 nance and security of the John F. Kennedy Center for 

8 the Performing Arts, $18,909,000. 

9 CONSTRUCTION

10 For necessary expenses for capital repair and restora11 tion of the existing features of the building and site of 

12 the John F. Kennedy Center for the Performing Arts, 

13 $19,800,000, to remain available until expended. 

14 WOODROW WILSON INTERNATIONAL CENTER FOR

15 SCHOLARS

16 SALARIES AND EXPENSES

17 For expenses necessary in carrying out the provisions 

18 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

19 1356) including hire of passenger vehicles and services as 

20 authorized by 5 U.S.C. 3109, $9,438,000. 

21 NATIONAL FOUNDATION ON THE ARTS AND THE

22 HUMANITIES

23 NATIONAL ENDOWMENT FOR THE ARTS

24 GRANTS AND ADMINISTRATION

25 For necessary expenses to carry out the National 

26 Foundation on the Arts and the Humanities Act of 1965, 


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1 as amended, $124,412,000 (increased by $5,000,000) 

2 shall be available to the National Endowment for the Arts 

3 for the support of projects and productions in the arts, 

4 including arts education and public outreach activities, 

5 through assistance to organizations and individuals pursu6 ant to section 5 of the Act, including $14,097,000 for sup7 port of arts education and public outreach activities 

8 through the Challenge America program, for program sup9 port, and for administering the functions of the Act, to 

10 remain available until expended: Provided, That funds pre11 viously appropriated to the National Endowment for the 

12 Arts ‘‘Matching Grants’’ account and ‘‘Challenge Amer13 ica’’ account may be transferred to and merged with this 

14 account: Provided further, That funds appropriated herein 

15 shall be expended in accordance with sections 309 and 311 

16 of Public Law 108–108. 

17 NATIONAL ENDOWMENT FOR THE HUMANITIES

18 GRANTS AND ADMINISTRATION

19 For necessary expenses to carry out the National 

20 Foundation on the Arts and the Humanities Act of 1965, 

21 as amended, $126,049,000 (increased by $5,000,000), 

22 shall be available to the National Endowment for the Hu23 manities for support of activities in the humanities, pursu24 ant to section 7(c) of the Act, and for administering the 

25 functions of the Act, to remain available until expended. 


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1 MATCHING GRANTS

2 To carry out the provisions of section 10(a)(2) of the 

3 National Foundation on the Arts and the Humanities Act 

4 of 1965, as amended, $14,906,000, to remain available 

5 until expended, of which $9,648,000 shall be available to 

6 the National Endowment for the Humanities for the pur7 poses of section 7(h): Provided, That this appropriation 

8 shall be available for obligation only in such amounts as 

9 may be equal to the total amounts of gifts, bequests, and 

10 devises of money, and other property accepted by the 

11 chairman or by grantees of the Endowment under the pro12 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

13 the current and preceding fiscal years for which equal 

14 amounts have not previously been appropriated. 

15 ADMINISTRATIVE PROVISIONS

16 None of the funds appropriated to the National 

17 Foundation on the Arts and the Humanities may be used 

18 to process any grant or contract documents which do not 

19 include the text of 18 U.S.C. 1913: Provided, That none 

20 of the funds appropriated to the National Foundation on 

21 the Arts and the Humanities may be used for official re22 ception and representation expenses: Provided further, 

23 That funds from nonappropriated sources may be used as 

24 necessary for official reception and representation ex25 penses: Provided further, That the Chairperson of the NaVerDate Aug 31 2005 03:47 May 23, 2006 Jkt 049200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H5386.RFS H5386

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1 tional Endowment for the Arts may approve grants up to 

2 $10,000, if in the aggregate this amount does not exceed 

3 5 percent of the sums appropriated for grant-making pur4 poses per year: Provided further, That such small grant 

5 actions are taken pursuant to the terms of an expressed 

6 and direct delegation of authority from the National Coun7 cil on the Arts to the Chairperson: Provided further, That 

8 20 U.S.C. 954(e) shall not apply to grants and contracts 

9 funded solely with nonappropriated monies. 

10 COMMISSION OF FINE ARTS

11 SALARIES AND EXPENSES

12 For expenses made necessary by the Act establishing 

13 a Commission of Fine Arts (40 U.S.C. 104), $1,951,000: 

14 Provided, That the Commission is authorized to charge 

15 fees to cover the full costs of its publications, and such 

16 fees shall be credited to this account as an offsetting col17 lection, to remain available until expended without further 

18 appropriation. 

19 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

20 For necessary expenses as authorized by Public Law 

21 99–190 (20 U.S.C. 956a), as amended, $6,534,000. 

22 ADVISORY COUNCIL ON HISTORIC PRESERVATION

23 SALARIES AND EXPENSES

24 For necessary expenses of the Advisory Council on 

25 Historic Preservation (Public Law 89–665, as amended), 

26 $5,118,000: Provided, That none of these funds shall be 


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1 available for compensation of level V of the Executive 

2 Schedule or higher positions. 

3 NATIONAL CAPITAL PLANNING COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, as authorized by the Na6 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

7 including services as authorized by 5 U.S.C. 3109, 

8 $7,623,000: Provided, That one-quarter of 1 percent of 

9 the funds provided under this heading may be used for 

10 official reception and representational expenses associated 

11 with hosting international visitors engaged in the planning 

12 and physical development of world capitals. 

13 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

14 HOLOCAUST MEMORIAL MUSEUM

15 For expenses of the Holocaust Memorial Museum, as 

16 authorized by Public Law 106–292 (36 U.S.C. 2301– 

17 2310), $43,415,000, of which $515,000 for the equipment 

18 replacement program shall remain available until Sep19 tember 30, 2009; and $1,900,000 for the museum’s repair 

20 and rehabilitation program and $1,264,000 for the muse21 um’s exhibition design and production program shall re22 main available until expended. 


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1 PRESIDIO TRUST

2 PRESIDIO TRUST FUND

3 For necessary expenses to carry out title I of the Om4 nibus Parks and Public Lands Management Act of 1996, 

5 $19,256,000 shall be available to the Presidio Trust, to 

6 remain available until expended. 

7 WHITE HOUSE COMMISSION ON THE NATIONAL

8 MOMENT OF REMEMBRANCE

9 SALARIES AND EXPENSES

10 For necessary expenses of the White House Commis11 sion on the National Moment of Remembrance, $200,000. 

12 TITLE IV—GENERAL PROVISIONS 

13 SEC. 401. The expenditure of any appropriation 

14 under this Act for any consulting service through procure15 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

16 to those contracts where such expenditures are a matter 

17 of public record and available for public inspection, except 

18 where otherwise provided under existing law, or under ex19 isting Executive order issued pursuant to existing law. 

20 SEC. 402. No part of any appropriation contained in 

21 this Act shall be available for any activity or the publica22 tion or distribution of literature that in any way tends to 

23 promote public support or opposition to any legislative 

24 proposal on which Congressional action is not complete 


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1 other than to communicate to Members of Congress as 

2 described in 18 U.S.C. 1913. 

3 SEC. 403. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 404. None of the funds provided in this Act to 

7 any department or agency shall be obligated or expended 

8 to provide a personal cook, chauffeur, or other personal 

9 servants to any officer or employee of such department 

10 or agency except as otherwise provided by law. 

11 SEC. 405. Estimated overhead charges, deductions, 

12 reserves or holdbacks from programs, projects, activities 

13 and subactivities to support government-wide, depart14 mental, agency or bureau administrative functions or 

15 headquarters, regional or central operations shall be pre16 sented in annual budget justifications and subject to ap17 proval by the Committees on Appropriations. Changes to 

18 such estimates shall be presented to the Committees on 

19 Appropriations for approval. 

20 SEC. 406. None of the funds made available in this 

21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government except 

23 pursuant to a transfer made by, or transfer provided in, 

24 this Act or any other Act. 


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1 SEC. 407. None of the funds available to the Forest 

2 Service or the Bureau of Land Management may be used 

3 in fiscal year 2007 or fiscal year 2008 to plan, prepare, 

4 or offer for sale timber from trees classified as giant se5 quoia (Sequoiadendron giganteum) which are located on 

6 National Forest System or Bureau of Land Management 

7 lands in a manner different than such sales were con8 ducted in fiscal year 2005. 

9 SEC. 408. (a) LIMITATION OF FUNDS.—None of the 

10 funds appropriated or otherwise made available pursuant 

11 to this Act shall be obligated or expended to accept or 

12 process applications for a patent for any mining or mill 

13 site claim located under the general mining laws. 

14 (b) EXCEPTIONS.—The provisions of subsection (a) 

15 shall not apply if the Secretary of the Interior determines 

16 that, for the claim concerned: (1) a patent application was 

17 filed with the Secretary on or before September 30, 1994; 

18 and (2) all requirements established under sections 2325 

19 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

20 for vein or lode claims and sections 2329, 2330, 2331, 

21 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

22 37) for placer claims, and section 2337 of the Revised 

23 Statutes (30 U.S.C. 42) for mill site claims, as the case 

24 may be, were fully complied with by the applicant by that 

25 date. 


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1 (c) REPORT.—On September 30, 2007, the Secretary 

2 of the Interior shall file with the House and Senate Com3 mittees on Appropriations and the Committee on Re4 sources of the House of Representatives and the Com5 mittee on Energy and Natural Resources of the Senate 

6 a report on actions taken by the Department under the 

7 plan submitted pursuant to section 314(c) of the Depart8 ment of the Interior and Related Agencies Appropriations 

9 Act, 1997 (Public Law 104–208). 

10 (d) MINERAL EXAMINATIONS.—In order to process 

11 patent applications in a timely and responsible manner, 

12 upon the request of a patent applicant, the Secretary of 

13 the Interior shall allow the applicant to fund a qualified 

14 third-party contractor to be selected by the Bureau of 

15 Land Management to conduct a mineral examination of 

16 the mining claims or mill sites contained in a patent appli17 cation as set forth in subsection (b). The Bureau of Land 

18 Management shall have the sole responsibility to choose 

19 and pay the third-party contractor in accordance with the 

20 standard procedures employed by the Bureau of Land 

21 Management in the retention of third-party contractors. 

22 SEC. 409. Notwithstanding any other provision of 

23 law, amounts appropriated to or earmarked in committee 

24 reports for the Bureau of Indian Affairs and the Indian 

25 Health Service by Public Laws 103–138, 103–332, 104– 


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1 134, 104–208, 105–83, 105–277, 106–113, 106–291, 

2 107–63, 108–7, 108–108, 108–447, and 109–54 for pay3 ments to tribes and tribal organizations for contract sup4 port costs associated with self-determination or self-gov5 ernance contracts, grants, compacts, or annual funding 

6 agreements with the Bureau of Indian Affairs or the In7 dian Health Service as funded by such Acts, are the total 

8 amounts available for fiscal years 1994 through 2006 for 

9 such purposes, except that, for the Bureau of Indian Af10 fairs, tribes and tribal organizations may use their tribal 

11 priority allocations for unmet contract support costs of on12 going contracts, grants, self-governance compacts or an13 nual funding agreements. 

14 SEC. 410. No part of any appropriation contained in 

15 this Act shall be expended or obligated to complete and 

16 issue the 5-year program under the Forest and Rangeland 

17 Renewable Resources Planning Act. 

18 SEC. 411. Amounts deposited during fiscal year 2006 

19 in the roads and trails fund provided for in the 14th para20 graph under the heading ‘‘FOREST SERVICE’’ of the 

21 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 

22 be used by the Secretary of Agriculture, without regard 

23 to the State in which the amounts were derived, to repair 

24 or reconstruct roads, bridges, and trails on National For25 est System lands or to carry out and administer projects 


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1 to improve forest health conditions, which may include the 

2 repair or reconstruction of roads, bridges, and trails on 

3 National Forest System lands in the wildland-community 

4 interface where there is an abnormally high risk of fire. 

5 The projects shall emphasize reducing risks to human 

6 safety and public health and property and enhancing eco7 logical functions, long-term forest productivity, and bio8 logical integrity. The projects may be completed in a sub9 sequent fiscal year. Funds shall not be expended under 

10 this section to replace funds which would otherwise appro11 priately be expended from the timber salvage sale fund. 

12 Nothing in this section shall be construed to exempt any 

13 project from any environmental law. 

14 SEC. 412. Other than in emergency situations, none 

15 of the funds in this Act may be used to operate telephone 

16 answering machines during core business hours unless 

17 such answering machines include an option that enables 

18 callers to reach promptly an individual on-duty with the 

19 agency being contacted. 

20 SEC. 413. Prior to October 1, 2008, the Secretary 

21 of Agriculture shall not be considered to be in violation 

22 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

23 Renewable Resources Planning Act of 1974 (16 U.S.C. 

24 1604(f)(5)(A)) solely because more than 15 years have 

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1 tional Forest System. Nothing in this section exempts the 

2 Secretary from any other requirement of the Forest and 

3 Rangeland Renewable Resources Planning Act (16 U.S.C. 

4 1600 et seq.) or any other law: Provided, That if the Sec5 retary is not acting expeditiously and in good faith, within 

6 the funding available, to revise a plan for a unit of the 

7 National Forest System, this section shall be void with re8 spect to such plan and a court of proper jurisdiction may 

9 order completion of the plan on an accelerated basis. 

10 SEC. 414. No funds provided in this Act may be ex11 pended to conduct preleasing, leasing and related activities 

12 under either the Mineral Leasing Act (30 U.S.C. 181 et 

13 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

14 1331 et seq.) within the boundaries of a National Monu15 ment established pursuant to the Act of June 8, 1906 (16 

16 U.S.C. 431 et seq.) as such boundary existed on January 

17 20, 2001, except where such activities are allowed under 

18 the Presidential proclamation establishing such monu19 ment. 

20 SEC. 415. In entering into agreements with foreign 

21 countries pursuant to the Wildfire Suppression Assistance 

22 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

23 the Secretary of the Interior are authorized through the 

24 end of fiscal year 2010 to enter into reciprocal agreements 

25 in which the individuals furnished under said agreements 


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1 to provide wildfire services are considered, for purposes 

2 of tort liability, employees of the country receiving said 

3 services when the individuals are engaged in fire suppres4 sion. The Secretary of Agriculture or the Secretary of the 

5 Interior shall not enter into any agreement under this pro6 vision unless the foreign country (either directly or 

7 through its fire organization) agrees to assume any and 

8 all liability for the acts or omissions of American fire9 fighters engaged in firefighting in a foreign country. When 

10 an agreement is reached for furnishing fire fighting serv11 ices, the only remedies for acts or omissions committed 

12 while fighting fires shall be those provided under the laws 

13 of the host country, and those remedies shall be the exclu14 sive remedies for any claim arising out of fighting fires 

15 in a foreign country. Neither the sending country nor any 

16 legal organization associated with the firefighter shall be 

17 subject to any legal action whatsoever pertaining to or 

18 arising out of the firefighter’s role in fire suppression. 

19 SEC. 416. In awarding a Federal contract with funds 

20 made available by this Act, notwithstanding Federal Gov21 ernment procurement and contracting laws, the Secretary 

22 of Agriculture and the Secretary of the Interior (the ‘‘Sec23 retaries’’) may, in evaluating bids and proposals, give con24 sideration to local contractors who are from, and who pro25 vide employment and training for, dislocated and displaced 


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1 workers in an economically disadvantaged rural commu2 nity, including those historically timber-dependent areas 

3 that have been affected by reduced timber harvesting on 

4 Federal lands and other forest-dependent rural commu5 nities isolated from significant alternative employment op6 portunities. Notwithstanding Federal Government pro7 curement and contracting laws the Secretaries may award 

8 contracts, grants or cooperative agreements to local non9 profit entities, Youth Conservation Corps or related part10 nerships with State, local or non-profit youth groups, or 

11 small or micro-business or disadvantaged business. The 

12 contract, grant, or cooperative agreement is for forest haz13 ardous fuels reduction, watershed or water quality moni14 toring or restoration, wildlife or fish population moni15 toring, or habitat restoration or management. The terms 

16 ‘‘rural community’’ and ‘‘economically disadvantaged’’ 

17 shall have the same meanings as in section 2374 of Public 

18 Law 101–624. The Secretaries shall develop guidance to 

19 implement this section. Nothing in this section shall be 

20 construed as relieving the Secretaries of any duty under 

21 applicable procurement laws, except as provided in this 

22 section. 

23 SEC. 417. No funds appropriated in this Act for the 

24 acquisition of lands or interests in lands may be expended 

25 for the filing of declarations of taking or complaints in 


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1 condemnation without the approval of the House and Sen2 ate Committees on Appropriations: Provided, That this 

3 provision shall not apply to funds appropriated to imple4 ment the Everglades National Park Protection and Ex5 pansion Act of 1989, or to funds appropriated for Federal 

6 assistance to the State of Florida to acquire lands for Ev7 erglades restoration purposes. 

8 SEC. 418. (a) LIMITATION ON COMPETITIVE

9 SOURCING STUDIES.— 

10 (1) Of the funds made available by this or any 

11 other Act to the Department of the Interior for fis12 cal year 2007, not more than $3,450,000 may be 

13 used by the Secretary of the Interior to initiate or 

14 continue competitive sourcing studies in fiscal year 

15 2007 for programs, projects, and activities for which 

16 funds are appropriated by this Act until such time 

17 as the Secretary concerned submits a reprogram18 ming proposal to the Committees on Appropriations 

19 of the Senate and the House of Representatives, and 

20 such proposal has been processed consistent with the 

21 reprogramming guidelines included in the report ac22 companying this Act. 

23 (2) Of the funds appropriated by this Act, not 

24 more than $2,500,000 may be used in fiscal year 


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1 2007 for competitive sourcing studies and related 

2 activities by the Forest Service. 

3 (b) COMPETITIVE SOURCING STUDY DEFINED.—In 

4 this section, the term ‘‘competitive sourcing study’’ means 

5 a study on subjecting work performed by Federal Govern6 ment employees or private contractors to public-private 

7 competition or on converting the Federal Government em8 ployees or the work performed by such employees to pri9 vate contractor performance under the Office of Manage10 ment and Budget Circular A–76 or any other administra11 tive regulation, directive, or policy. 

12 (c) COMPETITIVE SOURCING EXEMPTION FOR FOR13 EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL

14 YEAR 2006.—The Forest Service is hereby exempted from 

15 implementing the Letter of Obligation and post-competi16 tion accountability guidelines where a competitive sourcing 

17 study involved 65 or fewer full-time equivalents, the per18 formance decision was made in favor of the agency pro19 vider, no net savings was achieved by conducting the 

20 study, and the study was completed prior to the date of 

21 this Act. 

22 (d) In preparing any reports to the Committees on 

23 Appropriations on competitive sourcing activities, agencies 

24 funded in this Act shall include all costs attributable to 

25 conducting the competitive sourcing competitions and 


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1 staff work to prepare for competitions or to determine the 

2 feasibility of starting competitions, including costs attrib3 utable to paying outside consultants and contractors and, 

4 in accordance with full cost accounting principles, all costs 

5 attributable to developing, implementing, supporting, 

6 managing, monitoring, and reporting on competitive 

7 sourcing, including personnel, consultant, travel, and 

8 training costs associated with program management. 

9 (e) In carrying out any competitive sourcing study 

10 involving Forest Service employees, the Secretary of Agri11 culture shall— 

12 (1) determine whether any of the employees con13 cerned are also qualified to participate in wildland 

14 fire management activities; and 

15 (2) take into consideration the effect that con16 tracting with a private sector source would have on 

17 the ability of the Forest Service to effectively and ef18 ficiently fight and manage wildfires. 

19 SEC. 419. None of the funds in this Act or prior Acts 

20 making appropriations for the Department of the Interior 

21 and Related Agencies may be provided to the managing 

22 partners or their agents for the SAFECOM or Disaster 

23 Management projects. 

24 SEC. 420. Section 331 of the Department of the Inte25 rior and Related Agencies Appropriations Act, 2000 (as 


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1 enacted into law by section 1000(a)(3) of Public Law 106– 

2 113; 113 Stat. 1501A–196; 16 U.S.C. 497 note), as 

3 amended, is amended— 

4 (1) in subsection (a) by striking ‘‘2006’’ and in5 serting ‘‘2007’’; and 

6 (2) in subsection (b) by striking ‘‘2006’’ and in7 serting ‘‘2007’’. 

8 SEC. 421. The Secretary of Agriculture may acquire, 

9 by exchange or otherwise, a parcel of real property, includ10 ing improvements thereon, of the Inland Valley Develop11 ment Agency of San Bernardino, California, or its succes12 sors and assigns, generally comprising Building No. 3 and 

13 Building No. 4 of the former Defense Finance and Ac14 counting Services complex located at the southwest corner 

15 of Tippecanoe Avenue and Mill Street in San Bernardino, 

16 California, adjacent to the former Norton Air Force Base. 

17 As full consideration for the property to be acquired, the 

18 Secretary of Agriculture may terminate the leasehold 

19 rights of the United States received pursuant to section 

20 8121(a)(2) of the Department of Defense Appropriations 

21 Act, 2005 (Public Law 108–287; 118 Stat. 999). The ac22 quisition of the property shall be on such terms and condi23 tions as the Secretary of Agriculture considers appropriate 

24 and may be carried out without appraisals, environmental 


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1 or administrative surveys, consultations, analyses, or other 

2 considerations of the condition of the property. 

3 SEC. 422. None of the funds made available in this 

4 Act may be used to study, complete a study of, or enter 

5 into a contract with a private party to carry out, without 

6 specific authorization in a subsequent Act of Congress, a 

7 competitive sourcing activity of the Secretary of Agri8 culture or the Secretary of the Interior, including support 

9 personnel of the Department of Agriculture and the De10 partment of the Interior, relating to wildfire management 

11 or wildfire suppression programs. 

12 SEC. 423. None of the funds made available in this 

13 Act may be used to work on or enter into a contract with 

14 a private party to carry out, the Fire Program Analysis 

15 system, unless both the Secretary of Agriculture and the 

16 Secretary of the Interior certify, in writing to the Comp17 troller General, that this funding will accomplish the exist18 ing work plan, as determined by the Wildland Fire Lead19 ership Council, and that State wildfire agencies will be full 

20 participants in the use and development of the system. 

21 SEC. 424. Notwithstanding any other provision of 

22 law, no officer or employee of the Smithsonian Institution 

23 or any of its subsidiary organizations shall be compensated 

24 directly or indirectly at an annual rate of pay in excess 


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1 of the statutorily established rate of pay of the President 

2 of the United States. 

3 SEC. 425. LIMITATION ON USE OF FUNDS FOR SALE OR 

4 SLAUGHTER OF FREE-ROAMING HORSES AND 

5 BURROS. 

6 None of the funds made available by this Act may 

7 be used for the sale or slaughter of wild free-roaming 

8 horses and burros (as defined in Public Law 92–195). 

9 TITLE V—ADDITIONAL GENERAL PROVISIONS 

10 SEC. 501. None of the funds made available by this 

11 Act shall be used in contravention of the Federal buildings 

12 performance and reporting requirements of Executive 

13 Order No. 13123, part 3 of title V of the National Energy 

14 Conservation Policy Act (42 U.S.C. 8251 et seq.), or sub15 title A of title I of the Energy Policy Act of 2005 (includ16 ing the amendments made thereby). 

17 SEC. 502. None of the funds made available in this 

18 Act may be used to issue any new lease that authorizes 

19 production of oil or natural gas under the Outer Conti20 nental Shelf Lands Act (43 U.S.C. 1331 et. seq.) to any 

21 lessee under an existing lease issued by the Department 

22 of the Interior pursuant to the Outer Continental Shelf 

23 Deep Water Royalty Relief Act (43 U.S.C. 1337 note), 

24 where such existing lease is not subject to limitations on 

25 royalty relief based on market price. 


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1 SEC. 503. None of the funds made available in this 

2 Act may be used to plan, design, study, or construct, for 

3 the purpose of harvesting timber by private entities or in4 dividuals, a forest development road in the Tongass Na5 tional Forest. 

6 SEC. 504. None of the funds made available in this 

7 Act may be used to send or otherwise pay for the attend8 ance of more than 50 employees from a Federal depart9 ment or agency at any single conference occurring outside 

10 the United States. 

11 SEC. 505. No funds made available by this Act may 

12 be obligated or expended to conduct the San Gabriel Wa13 tershed and Mountains Special Resource Study (author14 ized by the San Gabriel River Watershed Study Act (Pub15 lic Law 108–42)) in the cities of Diamond Bar, La Habra, 

16 Industry, Chino Hills, and the community of Rowland 

17 Heights in Los Angeles County, California (as defined by 

18 the following boundaries: the City of Industry on the 

19 north, Orange County on the south, the City of Diamond 

20 Bar and California State Route 57 on the east, and the 

21 City of La Habra Heights and Schabarum Regional Park 

22 on the west.). 

23 SEC. 506. None of the funds made available in this 

24 Act may be used to eliminate or restrict programs that 

25 are for the reforestation of urban areas. 


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1 SEC. 507. None of the funds made available in this 

2 Act may be used to limit outreach programs administered 

3 by the Smithsonian Institution. 

4 SEC. 508. None of the funds in this Act may be used 

5 by the Administrator of the Environmental Protection 

6 Agency to implement or enforce the Joint Memorandum 

7 published in the Federal Register on January 15, 2003 

8 (68 Fed. Reg. 1995). 

9 SEC. 509. No funds provided in title I may be ex10 pended by the Department of the Interior— 

11 (1) for the conduct of offshore natural gas 

12 preleasing, leasing, and related activities placed 

13 under restriction in the President’s moratorium 

14 statement of June 12, 1998, in the areas of north15 ern, central, and southern California; the North At16 lantic; Washington and Oregon; and the eastern 

17 Gulf of Mexico south of 26 degrees north latitude 

18 and east of 86 degrees west longitude; 

19 (2) to conduct offshore natural gas preleasing, 

20 leasing, and related activities in the eastern Gulf of 

21 Mexico planning area for any lands located outside 

22 Sale 181, as identified in the final Outer Continental 

23 Shelf 5-Year Oil and Gas Leasing Program, 1997– 

24 2002; or 


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1 (3) to conduct natural gas preleasing, leasing, 

2 and related activities in the Mid-Atlantic and South 

3 Atlantic planning areas. 

4 This Act may be cited as the ‘‘Department of the In5 terior, Environment, and Related Agencies Appropriations 

6 Act, 2007’’. 

Passed the House of Representatives May 18, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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