109TH CONGRESS

1ST SESSION H. R. 2361

AN ACT

Making appropriations for the Department of the Interior,

environment, and related agencies for the fiscal year

ending September 30, 2006, and for other purposes.

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, 2006,

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)), $845,783,000, to remain available

19 until expended, of which $1,000,000 is for high priority

20 projects, to be carried out by the Youth Conservation

21 Corps; and of which $3,000,000 shall be available in fiscal

22 year 2006 subject to a match by at least an equal amount

23 by the National Fish and Wildlife Foundation for cost24 shared projects supporting conservation of Bureau lands;

25 and such funds shall be advanced to the Foundation as
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1 a lump sum grant without regard to when expenses are

2 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 $845,783,000, 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, $761,564,000,

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

20 $7,849,000 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 lodg26 ing without cost from funds available from this appropria-
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1 tion: Provided further, That notwithstanding 42 U.S.C.

2 1856d, sums received by a bureau or office of the Depart3 ment of the Interior for fire protection rendered pursuant

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

5 property, may be credited to the appropriation from which

6 funds were expended to provide that protection, and are

7 available without fiscal year limitation: Provided further,

8 That using the amounts designated under this title of this

9 Act, the Secretary of the Interior may enter into procure10 ment contracts, grants, or cooperative agreements, for

11 hazardous fuels reduction activities, and for training and

12 monitoring associated with such hazardous fuels reduction

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

14 land for activities that benefit resources on Federal land:

15 Provided further, That the costs of implementing any co16 operative agreement between the Federal Government and

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

18 on by the affected parties: Provided further, That notwith19 standing requirements of the Competition in Contracting

20 Act, the Secretary, for purposes of hazardous fuels reduc21 tion activities, may obtain maximum practicable competi22 tion among: (1) local private, nonprofit, or cooperative en23 tities; (2) Youth Conservation Corps crews or related part24 nerships with State, local, or non-profit youth groups; (3)

25 small or micro-businesses; or (4) other entities that will
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1 hire or train locally a significant percentage, defined as

2 50 percent or more, of the project workforce to complete

3 such contracts: Provided further, That in implementing

4 this section, the Secretary shall develop written guidance

5 to field units to ensure accountability and consistent appli6 cation of the authorities provided herein: Provided further,

7 That funds appropriated under this head may be used to

8 reimburse the United States Fish and Wildlife Service and

9 the National Marine Fisheries Service for the costs of car10 rying out their responsibilities under the Endangered Spe11 cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult and

12 conference, as required by section 7 of such Act, in con13 nection with wildland fire management activities: Provided

14 further, That the Secretary of the Interior may use

15 wildland fire appropriations to enter into non-competitive

16 sole source leases of real property with local governments,

17 at or below fair market value, to construct capitalized im18 provements for fire facilities on such leased properties, in19 cluding but not limited to fire guard stations, retardant

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

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

22 construction activity associated with the lease: Provided

23 further, That the Secretary of the Interior and the Sec24 retary of Agriculture may authorize the transfer of funds

25 appropriated for wildland fire management, in an aggre-
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1 gate amount not to exceed $9,000,000, between the De2 partments when such transfers would facilitate and expe3 dite jointly funded wildland fire management programs

4 and projects: Provided further, That funds provided for

5 wildfire suppression shall be available for support of Fed6 eral emergency response actions.

7 CONSTRUCTION

8 For construction of buildings, recreation facilities,

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

10 remain available until expended.

11 LAND ACQUISITION

12 For expenses necessary to carry out sections 205,

13 206, and 318(d) of Public Law 94–579, including admin14 istrative expenses and acquisition of lands or waters, or

15 interests therein, $3,817,000, to be derived from the Land

16 and Water Conservation Fund and to remain available

17 until expended.

18 OREGON AND CALIFORNIA GRANT LANDS

19 For expenses necessary for management, protection,

20 and development of resources and for construction, oper21 ation, and maintenance of access roads, reforestation, and

22 other improvements on the revested Oregon and California

23 Railroad grant lands, on other Federal lands in the Or24 egon and California land-grant counties of Oregon, and

25 on adjacent rights-of-way; and acquisition of lands or in26 terests therein, including existing connecting roads on or
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1 adjacent to such grant lands; $110,070,000, to remain

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

3 aggregate of all receipts during the current fiscal year

4 from the revested Oregon and California Railroad grant

5 lands is hereby made a charge against the Oregon and

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

7 General Fund in the Treasury in accordance with the sec8 ond paragraph of subsection (b) of title II of the Act of

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

10 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

11 (REVOLVING FUND, SPECIAL ACCOUNT)

12 In addition to the purposes authorized in Public Law

13 102–381, funds made available in the Forest Ecosystem

14 Health and Recovery Fund can be used for the purpose

15 of planning, preparing, implementing and monitoring sal16 vage timber sales and forest ecosystem health and recovery

17 activities, such as release from competing vegetation and

18 density control treatments. The Federal share of receipts

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

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

21 1181f–1 et seq., and Public Law 106–393) derived from

22 treatments funded by this account shall be deposited into

23 the Forest Ecosystem Health and Recovery Fund.

24 RANGE IMPROVEMENTS

25 For rehabilitation, protection, and acquisition of

26 lands and interests therein, and improvement of Federal
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1 rangelands pursuant to section 401 of the Federal Land

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

3 notwithstanding any other Act, sums equal to 50 percent

4 of all moneys received during the prior fiscal year under

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

6 315 et seq.) and the amount designated for range improve7 ments from grazing fees and mineral leasing receipts from

8 Bankhead-Jones lands transferred to the Department of

9 the Interior pursuant to law, but not less than

10 $10,000,000, to remain available until expended: Pro11 vided, That not to exceed $600,000 shall be available for

12 administrative expenses.

13 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

14 For administrative expenses and other costs related

15 to processing application documents and other authoriza16 tions for use and disposal of public lands and resources,

17 for costs of providing copies of official public land docu18 ments, for monitoring construction, operation, and termi19 nation of facilities in conjunction with use authorizations,

20 and for rehabilitation of damaged property, such amounts

21 as may be collected under Public Law 94–579, as amend22 ed, and Public Law 93–153, to remain available until ex23 pended: Provided, That, notwithstanding any provision to

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

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

26 received pursuant to that section, whether as a result of
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1 forfeiture, compromise, or settlement, if not appropriate

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

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

4 under the authority of this Act by the Secretary to im5 prove, protect, or rehabilitate any public lands adminis6 tered through the Bureau of Land Management which

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

8 purchaser, permittee, or any unauthorized person, without

9 regard to whether all moneys collected from each such ac10 tion are used on the exact lands damaged which led to

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

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

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

14 repair other damaged public lands.

15 MISCELLANEOUS TRUST FUNDS

16 In addition to amounts authorized to be expended

17 under existing laws, there is hereby appropriated such

18 amounts as may be contributed under section 307 of the

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

20 amounts as may be advanced for administrative costs, sur21 veys, appraisals, and costs of making conveyances of omit22 ted lands under section 211(b) of that Act, to remain

23 available until expended.

24 ADMINISTRATIVE PROVISIONS

25 Appropriations for the Bureau of Land Management

26 shall be available for purchase, erection, and dismantle-
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1 ment of temporary structures, and alteration and mainte2 nance of necessary buildings and appurtenant facilities to

3 which the United States has title; up to $100,000 for pay4 ments, at the discretion of the Secretary, for information

5 or evidence concerning violations of laws administered by

6 the Bureau; miscellaneous and emergency expenses of en7 forcement activities authorized or approved by the Sec8 retary and to be accounted for solely on her certificate,

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

10 U.S.C. 501, the Bureau may, under cooperative cost-shar11 ing and partnership arrangements authorized by law, pro12 cure printing services from cooperators in connection with

13 jointly produced publications for which the cooperators

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

15 and the Bureau determines the cooperator is capable of

16 meeting accepted quality standards.

17 UNITED STATES FISH AND WILDLIFE SERVICE

18 RESOURCE MANAGEMENT

19 For necessary expenses of the United States Fish and

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

21 and economic studies, maintenance of the herd of long22 horned cattle on the Wichita Mountains Wildlife Refuge,

23 general administration, and for the performance of other

24 authorized functions related to such resources by direct

25 expenditure, contracts, grants, cooperative agreements
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1 and reimbursable agreements with public and private enti2 ties, $1,005,225,000, to remain available until September

3 30, 2007, except as otherwise provided herein: Provided,

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

5 be carried out by the Youth Conservation Corps: Provided

6 further, That not to exceed $18,130,000 shall be used for

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

8 4 of the Endangered Species Act, as amended, for species

9 that are indigenous to the United States (except for proc10 essing petitions, developing and issuing proposed and final

11 regulations, and taking any other steps to implement ac12 tions described in subsection (c)(2)(A), (c)(2)(B)(i), or

13 (c)(2)(B)(ii)), of which not to exceed $12,852,000 shall

14 be used for any activity regarding the designation of crit15 ical habitat, pursuant to subsection (a)(3), excluding liti16 gation support, for species listed pursuant to subsection

17 (a)(1) prior to October 1, 2005: Provided further, That

18 of the amount available for law enforcement, up to

19 $400,000, to remain available until expended, may, at the

20 discretion of the Secretary, be used for payment for infor21 mation, rewards, or evidence concerning violations of laws

22 administered by the Service, and miscellaneous and emer23 gency expenses of enforcement activity, authorized or ap24 proved by the Secretary and to be accounted for solely on

25 her certificate: Provided further, That of the amount pro-
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1 vided for environmental contaminants, up to $1,000,000

2 may remain available until expended for contaminant sam3 ple analyses.

4 CONSTRUCTION

5 For construction, improvement, acquisition, or re6 moval of buildings and other facilities required in the con7 servation, management, investigation, protection, and uti8 lization of fishery and wildlife resources, and the acquisi9 tion of lands and interests therein; $41,206,000, to remain

10 available until expended.

11 LAND ACQUISITION

12 For expenses necessary to carry out the Land and

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

14 U.S.C. 460l–4 through 11), including administrative ex15 penses, and for acquisition of land or waters, or interest

16 therein, in accordance with statutory authority applicable

17 to the United States Fish and Wildlife Service,

18 $14,937,000 to be derived from the Land and Water Con19 servation Fund and to remain available until expended:

20 Provided, That land and non-water interests acquired

21 from willing sellers incidental to water rights acquired for

22 the transfer and use at Lower Klamath and Tule Lake

23 National Wildlife Refuges under this heading shall be re24 sold and the revenues therefrom shall be credited to this

25 account and shall be available without further appropria26 tion for the acquisition of water rights, including acquisi-
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1 tion of interests in lands incidental to such water rights,

2 for the two refuges: Provided further, That none of the

3 funds appropriated for specific land acquisition projects

4 can be used to pay for any administrative overhead, plan5 ning or other management costs.

6 LANDOWNER INCENTIVE PROGRAM

7 For expenses necessary to carry out the Land and

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

9 U.S.C. 460l–4 through 11), including administrative ex10 penses, and for private conservation efforts to be carried

11 out on private lands, $23,700,000, to be derived from the

12 Land and Water Conservation Fund, and to remain avail13 able until expended: Provided, That the amount provided

14 herein is for a Landowner Incentive Program established

15 by the Secretary that provides matching, competitively

16 awarded grants to States, the District of Columbia, feder17 ally recognized Indian tribes, Puerto Rico, Guam, the

18 United States Virgin Islands, the Northern Mariana Is19 lands, and American Samoa, to establish or supplement

20 existing landowner incentive programs that provide tech21 nical and financial assistance, including habitat protection

22 and restoration, to private landowners for the protection

23 and management of habitat to benefit federally listed, pro24 posed, candidate, or other at-risk species on private lands.
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1 PRIVATE STEWARDSHIP GRANTS

2 For expenses necessary to carry out the Land and

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

4 U.S.C. 460l–4 through 11), including administrative ex5 penses, and for private conservation efforts to be carried

6 out on private lands, $7,386,000, to be derived from the

7 Land and Water Conservation Fund, and to remain avail8 able until expended: Provided, That the amount provided

9 herein is for the Private Stewardship Grants Program es10 tablished by the Secretary to provide grants and other as11 sistance to individuals and groups engaged in private con12 servation efforts that benefit federally listed, proposed,

13 candidate, or other at-risk species.

14 COOPERATIVE ENDANGERED SPECIES CONSERVATION

15 FUND

16 For expenses necessary to carry out section 6 of the

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

18 as amended, $84,400,000, of which $20,161,000 is to be

19 derived from the Cooperative Endangered Species Con20 servation Fund and $64,239,000 is to be derived from the

21 Land and Water Conservation Fund and to remain avail22 able until expended.

23 NATIONAL WILDLIFE REFUGE FUND

24 For expenses necessary to implement the Act of Octo25 ber 17, 1978 (16 U.S.C. 715s), $14,414,000.
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1 NORTH AMERICAN WETLANDS CONSERVATION FUND

2 For expenses necessary to carry out the provisions

3 of the North American Wetlands Conservation Act, Public

4 Law 101–233, as amended, $40,000,000 to remain avail5 able until expended.

6 NEOTROPICAL MIGRATORY BIRD CONSERVATION

7 For financial assistance for projects to promote the

8 conservation of neotropical migratory birds in accordance

9 with the Neotropical Migratory Bird Conservation Act,

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

11 to remain available until expended.

12 MULTINATIONAL SPECIES CONSERVATION FUND

13 For expenses necessary to carry out the African Ele14 phant Conservation Act (16 U.S.C. 4201–4203, 4211–

15 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele16 phant Conservation Act of 1997 (Public Law 105–96; 16

17 U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva18 tion Act of 1994 (16 U.S.C. 5301–5306), the Great Ape

19 Conservation Act of 2000 (16 U.S.C. 6301), and, the Ma20 rine Turtle Conservation Act of 2004 (Public Law 108–

21 266; 16 U.S.C. 6601), $5,900,000, to remain available

22 until expended.

23 STATE AND TRIBAL WILDLIFE GRANTS

24 For wildlife conservation grants to States and to the

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

26 States Virgin Islands, the Northern Mariana Islands,
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1 American Samoa, and federally recognized Indian tribes

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

3 and the Fish and Wildlife Coordination Act, for the devel4 opment and implementation of programs for the benefit

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

6 hunted or fished, $65,000,000, to be derived from the

7 Land and Water Conservation Fund, and to remain avail8 able until expended: Provided, That of the amount pro9 vided herein, $6,000,000 is for a competitive grant pro10 gram for Indian tribes not subject to the remaining provi11 sions of this appropriation: Provided further, That the Sec12 retary shall, after deducting said $6,000,000 and adminis13 trative expenses, apportion the amount provided herein in

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

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

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

17 to Guam, American Samoa, the United States Virgin Is18 lands, and the Commonwealth of the Northern Mariana

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

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

21 shall apportion the remaining amount in the following

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

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

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

25 based on the ratio to which the population of such State
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1 bears to the total population of all such States: Provided

2 further, That the amounts apportioned under this para3 graph shall be adjusted equitably so that no State shall

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

5 amount available for apportionment under this paragraph

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

7 Provided further, That the Federal share of planning

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

9 such projects and the Federal share of implementation

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

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

12 share of such projects may not be derived from Federal

13 grant programs: Provided further, That no State, terri14 tory, or other jurisdiction shall receive a grant unless it

15 has developed, by October 1, 2005, a comprehensive wild16 life conservation plan, consistent with criteria established

17 by the Secretary of the Interior, that considers the broad

18 range of the State, territory, or other jurisdiction’s wildlife

19 and associated habitats, with appropriate priority placed

20 on those species with the greatest conservation need and

21 taking into consideration the relative level of funding

22 available for the conservation of those species: Provided

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

24 receive a grant if its comprehensive wildlife conservation

25 plan is disapproved and such funds that would have been
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1 distributed to such State, territory, or other jurisdiction

2 shall be distributed equitably to States, territories, and

3 other jurisdictions with approved plans: Provided further,

4 That any amount apportioned in 2006 to any State, terri5 tory, or other jurisdiction that remains unobligated as of

6 September 30, 2007, shall be reapportioned, together with

7 funds appropriated in 2008, in the manner provided here8 in: Provided further, That balances from amounts pre9 viously appropriated under the heading ‘‘State Wildlife

10 Grants’’ shall be transferred to and merged with this ap11 propriation and shall remain available until expended.

12 ADMINISTRATIVE PROVISIONS

13 Appropriations and funds available to the United

14 States Fish and Wildlife Service shall be available for pur15 chase of passenger motor vehicles; repair of damage to

16 public roads within and adjacent to reservation areas

17 caused by operations of the Service; options for the pur18 chase of land at not to exceed $1 for each option; facilities

19 incident to such public recreational uses on conservation

20 areas as are consistent with their primary purpose; and

21 the maintenance and improvement of aquaria, buildings,

22 and other facilities under the jurisdiction of the Service

23 and to which the United States has title, and which are

24 used pursuant to law in connection with management, and

25 investigation of fish and wildlife resources: Provided, That

26 notwithstanding 44 U.S.C. 501, the Service may, under
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1 cooperative cost sharing and partnership arrangements

2 authorized by law, procure printing services from coopera3 tors in connection with jointly produced publications for

4 which the cooperators share at least one-half the cost of

5 printing either in cash or services and the Service deter6 mines the cooperator is capable of meeting accepted qual7 ity standards: Provided further, That, notwithstanding any

8 other provision of law, the Service may use up to

9 $2,000,000 from funds provided for contracts for employ10 ment-related legal services: Provided further, That the

11 Service may accept donated aircraft as replacements for

12 existing aircraft: Provided further, That, notwithstanding

13 any other provision of law, the Secretary of the Interior

14 may not spend any of the funds appropriated in this Act

15 for the purchase of lands or interests in lands to be used

16 in the establishment of any new unit of the National Wild17 life Refuge System unless the purchase is approved in ad18 vance by the House and Senate Committees on Appropria19 tions in compliance with the reprogramming procedures

20 contained in House Report 108–330.

21 NATIONAL PARK SERVICE

22 OPERATION OF THE NATIONAL PARK SYSTEM

23 For expenses necessary for the management, oper24 ation, and maintenance of areas and facilities adminis25 tered by the National Park Service (including special road
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1 maintenance service to trucking permittees on a reimburs2 able basis), and for the general administration of the Na3 tional Park Service, $1,754,199,000, of which

4 $30,000,000 is provided above the budget request to be

5 distributed to all park areas on a pro-rate basis and to

6 remain in the park base; of which $9,892,000 is for plan7 ning and interagency coordination in support of Ever8 glades restoration and shall remain available until ex9 pended; of which $97,600,000, to remain available until

10 September 30, 2007, is for maintenance, repair or reha11 bilitation projects for constructed assets, operation of the

12 National Park Service automated facility management

13 software system, and comprehensive facility condition as14 sessments; of which $1,937,000 is for the Youth Conserva15 tion Corps for high priority projects: Provided, That the

16 only funds in this account which may be made available

17 to support United States Park Police are those funds ap18 proved for emergency law and order incidents pursuant

19 to established National Park Service procedures, those

20 funds needed to maintain and repair United States Park

21 Police administrative facilities, and those funds necessary

22 to reimburse the United States Park Police account for

23 the unbudgeted overtime and travel costs associated with

24 special events for an amount not to exceed $10,000 per
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1 event subject to the review and concurrence of the Wash2 ington headquarters office.

3 UNITED STATES PARK POLICE

4 For expenses necessary to carry out the programs of

5 the United States Park Police, $82,411,000.

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, $48,997,000: Provided, That

12 none of the funds in this Act for the River, 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), $72,705,000, to be

21 derived from the Historic Preservation Fund, to remain

22 available until September 30, 2007, of which $30,000,000

23 shall be for Save America’s Treasures for preservation of

24 nationally significant sites, structures, and artifacts: Pro25 vided, That any individual Save America’s Treasures

26 grant shall be matched by non-Federal funds: Provided
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1 further, That individual projects shall only be eligible for

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

3 shall be approved by the Secretary of the Interior in con4 sultation with the House and Senate Committees on Ap5 propriations and the President’s Committee on the Arts

6 and Humanities prior to the commitment of Save Amer7 ica’s Treasures grant funds: Provided further, That Save

8 America’s Treasures funds allocated for Federal projects,

9 following approval, shall be available by transfer to appro10 priate accounts of individual agencies: Provided further,

11 That hereinafter and notwithstanding 20 U.S.C. 951 et

12 seq. the National Endowment for the Arts may award

13 Save America’s Treasures grants based upon the rec14 ommendations of the Save America’s Treasures grant se15 lection panel convened by the President’s Committee on

16 the Arts and the Humanities and the National Park Serv17 ice.

18 CONSTRUCTION

19 For construction, improvements, repair or replace20 ment of physical facilities, including the modifications au21 thorized by section 104 of the Everglades National Park

22 Protection and Expansion Act of 1989, $308,230,000, to

23 remain available until expended, of which $17,000,000 for

24 modified water deliveries to Everglades National Park

25 shall be derived by transfer from unobligated balances in

26 the ‘‘Land Acquisition and State Assistance’’ account for
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1 Everglades National Park land acquisitions: Provided,

2 That none of the funds available to the National Park

3 Service may be used to plan, design, or construct any part4 nership project with a total value in excess of $5,000,000,

5 without advance approval of the House and Senate Com6 mittees on Appropriations: Provided further, That, not7 withstanding any other provision of law, the National

8 Park Service may not accept donations or services associ9 ated with the planning, design, or construction of such

10 new facilities without advance approval of the House and

11 Senate Committees on Appropriations: Provided further,

12 That funds provided under this heading for implementa13 tion of modified water deliveries to Everglades National

14 Park shall be expended consistent with the requirements

15 of the fifth proviso under this heading in Public Law 108–

16 108: Provided further, That none of the funds provided

17 in this or any other Act may be used for planning, design,

18 or construction of any underground security screening or

19 visitor contact facility at the Washington Monument until

20 such facility has been approved in writing by the House

21 and Senate Committees on Appropriations.

22 LAND AND WATER CONSERVATION FUND

23 (RESCISSION)

24 The contract authority provided for fiscal year 2006

25 by 16 U.S.C. 460l–10a is rescinded.
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1 LAND ACQUISITION AND STATE ASSISTANCE

2 For expenses necessary to carry out the Land and

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

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

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

6 in accordance with the statutory authority applicable to

7 the National Park Service, $9,421,000, to be derived from

8 the Land and Water Conservation Fund and to remain

9 available until expended, of which $1,587,000 is for the

10 administration of the State assistance program.

11 ADMINISTRATIVE PROVISIONS

12 Appropriations for the National Park Service shall be

13 available for the purchase of not to exceed 245 passenger

14 motor vehicles, of which 199 shall be for replacement only,

15 including not to exceed 193 for police-type use, 10 buses,

16 and 8 ambulances: Provided, That none of the funds ap17 propriated to the National Park Service may be used to

18 process any grant or contract documents which do not in19 clude the text of 18 U.S.C. 1913: Provided further, That

20 none of the funds appropriated to the National Park Serv21 ice may be used to implement an agreement for the rede22 velopment of the southern end of Ellis Island until such

23 agreement has been submitted to the Congress and shall

24 not be implemented prior to the expiration of 30 calendar

25 days (not including any day in which either House of Con26 gress is not in session because of adjournment of more
25

•HR 2361 EH

1 than 3 calendar days to a day certain) from the receipt

2 by the Speaker of the House of Representatives and the

3 President of the Senate of a full and comprehensive report

4 on the development of the southern end of Ellis Island,

5 including the facts and circumstances relied upon in sup6 port of the proposed project: Provided further, That in fis7 cal year 2006 and thereafter, appropriations available to

8 the National Park Service may be used to maintain the

9 following areas in Washington, District of Columbia:

10 Jackson Place, Madison Place, and Pennsylvania Avenue

11 between 15th and 17th Streets, Northwest.

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

13 National Park Service for activities taken in direct re14 sponse to the United Nations Biodiversity Convention.

15 The National Park Service may distribute to oper16 ating units based on the safety record of each unit the

17 costs of programs designed to improve workplace and em18 ployee safety, and to encourage employees receiving work19 ers’ compensation benefits pursuant to chapter 81 of title

20 5, United States Code, to return to appropriate positions

21 for which they are medically able.

22 If the Secretary of the Interior considers the decision

23 of any value determination proceeding conducted under a

24 National Park Service concession contract issued prior to

25 November 13, 1998, to misinterpret or misapply relevant
26

•HR 2361 EH

1 contractual requirements or their underlying legal author2 ity, the Secretary may seek, within 180 days of any such

3 decision, the de novo review of the value determination by

4 the United States Court of Federal Claims, and that court

5 may make an order affirming, vacating, modifying or cor6 recting the determination.

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

8 of Public Law 105–391, franchise fees credited to a sub9 account shall be available for expenditure by the Sec10 retary, without further appropriation, for use at any unit

11 within the National Park System to extinguish or reduce

12 liability for Possessory Interest or leasehold surrender in13 terest. Such funds may only be used for this purpose to

14 the extent that the benefiting unit anticipated franchise

15 fee receipts over the term of the contract at that unit ex16 ceed the amount of funds used to extinguish or reduce

17 liability. Franchise fees at the benefiting unit shall be

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

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

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

21 to extinguish or reduce liability.

22 UNITED STATES GEOLOGICAL SURVEY

23 SURVEYS, INVESTIGATIONS, AND RESEARCH

24 For expenses necessary for the United States Geo25 logical Survey to perform surveys, investigations, and re-
27

•HR 2361 EH

1 search covering topography, geology, hydrology, biology,

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

3 its territories and possessions, and other areas as author4 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as

5 to their mineral and water resources; give engineering su6 pervision to power permittees and Federal Energy Regu7 latory Commission licensees; administer the minerals ex8 ploration program (30 U.S.C. 641); publish and dissemi9 nate data relative to the foregoing activities; and to con10 duct inquiries into the economic conditions affecting min11 ing and materials processing industries (30 U.S.C. 3, 21a,

12 and 1603; 50 U.S.C. 98g(1)) and related purposes as au13 thorized by law and to publish and disseminate data;

14 $974,586,000, of which $63,770,000 shall be available

15 only for cooperation with States or municipalities for

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

17 remain available until expended for satellite operations; of

18 which $23,320,000 shall be available until September 30,

19 2007, for the operation and maintenance of facilities and

20 deferred maintenance; of which $1,600,000 shall be avail21 able until expended for deferred maintenance and capital

22 improvement projects that exceed $100,000 in cost; and

23 of which $174,765,000 shall be available until September

24 30, 2007, for the biological research activity and the oper25 ation of the Cooperative Research Units: Provided, That
28

•HR 2361 EH

1 none of the funds provided for the biological research ac2 tivity shall be used to conduct new surveys on private

3 property, unless specifically authorized in writing by the

4 property owner: Provided further, That no part of this ap5 propriation shall be used to pay more than one-half the

6 cost of topographic mapping or water resources data col7 lection and investigations carried on in cooperation with

8 States and municipalities.

9 ADMINISTRATIVE PROVISIONS

10 The amount appropriated for the United States Geo11 logical Survey shall be available for the purchase and re12 placement of passenger motor vehicles; reimbursement to

13 the General Services Administration for security guard

14 services; contracting for the furnishing of topographic

15 maps and for the making of geophysical or other special16 ized surveys when it is administratively determined that

17 such procedures are in the public interest; construction

18 and maintenance of necessary buildings and appurtenant

19 facilities; acquisition of lands for gauging stations and ob20 servation wells; expenses of the United States National

21 Committee on Geology; and payment of compensation and

22 expenses of persons on the rolls of the Survey duly ap23 pointed to represent the United States in the negotiation

24 and administration of interstate compacts: Provided, That

25 activities funded by appropriations herein made may be

26 accomplished through the use of contracts, grants, or co-
29

•HR 2361 EH

1 operative agreements as defined in 31 U.S.C. 6302 et seq.:

2 Provided further, That the United States Geological Sur3 vey may enter into contracts or cooperative agreements

4 directly with individuals or indirectly with institutions or

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

6 for the temporary or intermittent services of students or

7 recent graduates, who shall be considered employees for

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

9 Code, relating to compensation for travel and work inju10 ries, and chapter 171 of title 28, United States Code, re11 lating to tort claims, but shall not be considered to be Fed12 eral employees for any other purposes.

13 MINERALS MANAGEMENT SERVICE

14 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

15 For expenses necessary for minerals leasing and envi16 ronmental studies, regulation of industry operations, and

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

18 laws and regulations applicable to oil, gas, and other min19 erals leases, permits, licenses and operating contracts; and

20 for matching grants or cooperative agreements; including

21 the purchase of not to exceed eight passenger motor vehi22 cles for replacement only, $152,676,000, of which

23 $77,529,000 shall be available for royalty management ac24 tivities; and an amount not to exceed $122,730,000, to

25 be credited to this appropriation and to remain available
30

•HR 2361 EH

1 until expended, from additions to receipts resulting from

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

3 increases to fee collections for Outer Continental Shelf ad4 ministrative activities performed by the Minerals Manage5 ment Service (MMS) over and above the rates in effect

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

7 Outer Continental Shelf administrative activities estab8 lished after September 30, 1993: Provided, That to the

9 extent $122,730,000 in additions to receipts are not real10 ized from the sources of receipts stated above, the amount

11 needed to reach $122,730,000 shall be credited to this ap12 propriation from receipts resulting from rental rates for

13 Outer Continental Shelf leases in effect before August 5,

14 1993: Provided further, That $3,000,000 for computer ac15 quisitions shall remain available until September 30,

16 2007: Provided further, That not to exceed $3,000 shall

17 be available for reasonable expenses related to promoting

18 volunteer beach and marine cleanup activities: Provided

19 further, That notwithstanding any other provision of law,

20 $15,000 under this heading shall be available for refunds

21 of overpayments in connection with certain Indian leases

22 in which the Director of MMS concurred with the claimed

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

24 tribes, or to correct prior unrecoverable erroneous pay25 ments: Provided further, That in fiscal year 2006 and
31

•HR 2361 EH

1 thereafter, the MMS may under the royalty-in-kind pro2 gram, or under its authority to transfer oil to the Strategic

3 Petroleum Reserve, use a portion of the revenues from

4 royalty-in-kind sales, without regard to fiscal year limita5 tion, to pay for transportation to wholesale market centers

6 or upstream pooling points, to process or otherwise dispose

7 of royalty production taken in kind, and to recover MMS

8 transportation costs, salaries, and other administrative

9 costs directly related to the royalty-in-kind program: Pro10 vided further, That MMS shall analyze and document the

11 expected return in advance of any royalty-in-kind sales to

12 assure to the maximum extent practicable that royalty in13 come under the program is equal to or greater than roy14 alty income recognized under a comparable royalty-in15 value program.

16 OIL SPILL RESEARCH

17 For necessary expenses to carry out title I, section

18 1016, title IV, sections 4202 and 4303, title VII, and title

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

20 $7,006,000, which shall be derived from the Oil Spill Li21 ability Trust Fund, to remain available until expended.

22 OFFICE OF SURFACE MINING RECLAMATION AND

23 ENFORCEMENT

24 REGULATION AND TECHNOLOGY

25 For necessary expenses to carry out the provisions

26 of the Surface Mining Control and Reclamation Act of
32

•HR 2361 EH

1 1977, Public Law 95–87, as amended, including the pur2 chase of not to exceed 10 passenger motor vehicles, for

3 replacement only; $110,435,000: Provided, That the Sec4 retary of the Interior, pursuant to regulations, may use

5 directly or through grants to States, moneys collected in

6 fiscal year 2006 for civil penalties assessed under section

7 518 of the Surface Mining Control and Reclamation Act

8 of 1977 (30 U.S.C. 1268), to reclaim lands adversely af9 fected by coal mining practices after August 3, 1977, to

10 remain available until expended: Provided further, That

11 appropriations for the Office of Surface Mining Reclama12 tion and Enforcement may provide for the travel and per

13 diem expenses of State and tribal personnel attending Of14 fice of Surface Mining Reclamation and Enforcement

15 sponsored training.

16 ABANDONED MINE RECLAMATION FUND

17 For necessary expenses to carry out title IV of the

18 Surface Mining Control and Reclamation Act of 1977,

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

20 of not more than 10 passenger motor vehicles for replace21 ment only, $188,014,000, to be derived from receipts of

22 the Abandoned Mine Reclamation Fund and to remain

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

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

25 shall be for supplemental grants to States for the reclama26 tion of abandoned sites with acid mine rock drainage from
33

•HR 2361 EH

1 coal mines, and for associated activities, through the Ap2 palachian Clean Streams Initiative: Provided, That grants

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

4 in fiscal year 2006: Provided further, That pursuant to

5 Public Law 97–365, the Department of the Interior is au6 thorized to use up to 20 percent from the recovery of the

7 delinquent debt owed to the United States Government to

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

9 That funds made available under title IV of Public Law

10 95–87 may be used for any required non-Federal share

11 of the cost of projects funded by the Federal Government

12 for the purpose of environmental restoration related to

13 treatment or abatement of acid mine drainage from aban14 doned mines: Provided further, That such projects must

15 be consistent with the purposes and priorities of the Sur16 face Mining Control and Reclamation Act: Provided fur17 ther, That amounts allocated under section 402(g)(2) of

18 the Surface Mining Control and Reclamation Act of 1977

19 (30 U.S.C. 1232(g)(2)) as of September 30, 2005, but not

20 appropriated as of that date, are reallocated to the alloca21 tion established in section 402(g)(3) of the Surface Mining

22 Control and Reclamation Act of 1977 (30 U.S.C.

23 1232(g)(3)): Provided further, That amounts provided

24 under this heading may be used for the travel and per

25 diem expenses of State and tribal personnel attending Of-
34

•HR 2361 EH

1 fice of Surface Mining Reclamation and Enforcement

2 sponsored training.

3 ADMINISTRATIVE PROVISIONS

4 With funds available for the Technical Innovation

5 and Professional Services program in this Act, the Sec6 retary may transfer title for computer hardware, software

7 and other technical equipment to State and Tribal regu8 latory and reclamation programs.

9 BUREAU OF INDIAN AFFAIRS

10 OPERATION OF INDIAN PROGRAMS

11 For expenses necessary for the operation of Indian

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

13 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De14 termination and Education Assistance Act of 1975 (25

15 U.S.C. 450 et seq.), as amended, the Education Amend16 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally

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

18 as amended, $1,992,737,000, to remain available until

19 September 30, 2007 except as otherwise provided herein,

20 of which not to exceed $86,462,000 shall be for welfare

21 assistance payments and notwithstanding any other provi22 sion of law, including but not limited to the Indian Self23 Determination Act of 1975, as amended, not to exceed

24 $134,609,000 shall be available for payments to tribes and

25 tribal organizations for contract support costs associated

26 with ongoing contracts, grants, compacts, or annual fund-
35

•HR 2361 EH

1 ing agreements entered into with the Bureau prior to or

2 during fiscal year 2006, as authorized by such Act, of

3 which $129,609,000 shall be available for indirect contract

4 support costs and $5,000,000 shall be available for direct

5 contract support costs, except that tribes and tribal orga6 nizations may use their tribal priority allocations for

7 unmet contract support costs of ongoing contracts, grants,

8 or compacts, or annual funding agreements and for unmet

9 welfare assistance costs; and of which not to exceed

10 $478,085,000 for school operations costs of Bureau-fund11 ed schools and other education programs shall become

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

13 September 30, 2007; and of which not to exceed

14 $61,267,000 shall remain available until expended for

15 housing improvement, road maintenance, attorney fees,

16 litigation support, the Indian Self-Determination Fund,

17 land records improvement, and the Navajo-Hopi Settle18 ment Program: Provided, That notwithstanding any other

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

20 Self-Determination Act of 1975, as amended, and 25

21 U.S.C. 2008, not to exceed $44,718,000 within and only

22 from such amounts made available for school operations

23 shall be available to tribes and tribal organizations for ad24 ministrative cost grants associated with ongoing grants

25 entered into with the Bureau prior to or during fiscal year
36

•HR 2361 EH

1 2005 for the operation of Bureau-funded schools, and up

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

3 available for school operations shall be available for the

4 transitional costs of initial administrative cost grants to

5 tribes and tribal organizations that enter into grants for

6 the operation on or after July 1, 2005, of Bureau-operated

7 schools: Provided further, That any forestry funds allo8 cated to a tribe which remain unobligated as of September

9 30, 2007, may be transferred during fiscal year 2008 to

10 an Indian forest land assistance account established for

11 the benefit of such tribe within the tribe’s trust fund ac12 count: Provided further, That any such unobligated

13 balances not so transferred shall expire on September 30,

14 2008.

15 CONSTRUCTION

16 For construction, repair, improvement, and mainte17 nance of irrigation and power systems, buildings, utilities,

18 and other facilities, including architectural and engineer19 ing services by contract; acquisition of lands, and interests

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

21 construction of the Navajo Indian Irrigation Project pur22 suant to Public Law 87–483, $284,137,000, to remain

23 available until expended: Provided, That such amounts as

24 may be available for the construction of the Navajo Indian

25 Irrigation Project may be transferred to the Bureau of

26 Reclamation: Provided further, That not to exceed 6 per-
37

•HR 2361 EH

1 cent of contract authority available to the Bureau of In2 dian Affairs from the Federal Highway Trust Fund may

3 be used to cover the road program management costs of

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

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

6 shall be made available on a nonreimbursable basis: Pro7 vided further, That for fiscal year 2006, in implementing

8 new construction or facilities improvement and repair

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

10 tribally controlled grant schools under Public Law 100–

11 297, as amended, the Secretary of the Interior shall use

12 the Administrative and Audit Requirements and Cost

13 Principles for Assistance Programs contained in 43 CFR

14 part 12 as the regulatory requirements: Provided further,

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

16 43 CFR; the Secretary and the grantee shall negotiate and

17 determine a schedule of payments for the work to be per18 formed: Provided further, That in considering applications,

19 the Secretary shall consider whether the Indian tribe or

20 tribal organization would be deficient in assuring that the

21 construction projects conform to applicable building stand22 ards and codes and Federal, tribal, or State health and

23 safety standards as required by 25 U.S.C. 2005(b), with

24 respect to organizational and financial management capa25 bilities: Provided further, That if the Secretary declines an
38

•HR 2361 EH

1 application, the Secretary shall follow the requirements

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

3 any disputes between the Secretary and any grantee con4 cerning a grant shall be subject to the disputes provision

5 in 25 U.S.C. 2507(e): Provided further, That in order to

6 ensure timely completion of replacement school construc7 tion projects, the Secretary may assume control of a

8 project and all funds related to the project, if, within

9 eighteen months of the date of enactment of this Act, any

10 tribe or tribal organization receiving funds appropriated

11 in this Act or in any prior Act, has not completed the

12 planning and design phase of the project and commenced

13 construction of the replacement school: Provided further,

14 That this Appropriation may be reimbursed from the Of15 fice of the Special Trustee for American Indians Appro16 priation for the appropriate share of construction costs for

17 space expansion needed in agency offices to meet trust re18 form implementation.

19 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

20 MISCELLANEOUS PAYMENTS TO INDIANS

21 For miscellaneous payments to Indian tribes and in22 dividuals and for necessary administrative expenses,

23 $34,754,000, to remain available until expended, for im24 plementation of Indian land and water claim settlements

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

26 106–554, 107–331, and 108–34, and for implementation
39

•HR 2361 EH

1 of other land and water rights settlements, of which

2 $10,000,000 shall be available for payment to the

3 Quinault Indian Nation pursuant to the terms of the

4 North Boundary Settlement Agreement dated July 14,

5 2000, providing for the acquisition of perpetual conserva6 tion easements from the Nation.

7 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

8 For the cost of guaranteed and insured loans,

9 $6,348,000, of which $701,000 is for administrative ex10 penses, as authorized by the Indian Financing Act of

11 1974, as amended: Provided, That such costs, including

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

13 section 502 of the Congressional Budget Act of 1974: Pro14 vided further, That these funds are available to subsidize

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

16 not to exceed $118,884,000.

17 ADMINISTRATIVE PROVISIONS

18 The Bureau of Indian Affairs may carry out the oper19 ation of Indian programs by direct expenditure, contracts,

20 cooperative agreements, compacts and grants, either di21 rectly or in cooperation with States and other organiza22 tions.

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

24 Affairs may contract for services in support of the man25 agement, operation, and maintenance of the Power Divi26 sion of the San Carlos Irrigation Project.
40

•HR 2361 EH

1 Appropriations for the Bureau of Indian Affairs (ex2 cept the revolving fund for loans, the Indian loan guar3 antee and insurance fund, and the Indian Guaranteed

4 Loan Program account) shall be available for expenses of

5 exhibits, and purchase and replacement of passenger

6 motor vehicles.

7 Notwithstanding any other provision of law, no funds

8 available to the Bureau of Indian Affairs for central office

9 operations or pooled overhead general administration (ex10 cept facilities operations and maintenance) shall be avail11 able for tribal contracts, grants, compacts, or cooperative

12 agreements with the Bureau of Indian Affairs under the

13 provisions of the Indian Self-Determination Act or the

14 Tribal Self-Governance Act of 1994 (Public Law 103–

15 413).

16 In the event any tribe returns appropriations made

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

18 distribution to other tribes, this action shall not diminish

19 the Federal Government’s trust responsibility to that

20 tribe, or the government-to-government relationship be21 tween the United States and that tribe, or that tribe’s abil22 ity to access future appropriations.

23 Notwithstanding any other provision of law, no funds

24 available to the Bureau, other than the amounts provided

25 herein for assistance to public schools under 25 U.S.C.
41

•HR 2361 EH

1 452 et seq., shall be available to support the operation of

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

3 Appropriations made available in this or any other

4 Act for schools funded by the Bureau shall be available

5 only to the schools in the Bureau school system as of Sep6 tember 1, 1996. No funds available to the Bureau shall

7 be used to support expanded grades for any school or dor8 mitory beyond the grade structure in place or approved

9 by the Secretary of the Interior at each school in the Bu10 reau school system as of October 1, 1995. Funds made

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

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

13 is defined in section 1146 of the Education Amendments

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

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

16 Act and that has operated at a Bureau-funded school be17 fore September 1, 1999, may continue to operate during

18 that period, but only if the charter school pays to the Bu19 reau a pro rata share of funds to reimburse the Bureau

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

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

22 separate and apart from Bureau funds, and the Bureau

23 does not assume any obligation for charter school pro24 grams of the State in which the school is located if the

25 charter school loses such funding. Employees of Bureau-
42

•HR 2361 EH

1 funded schools sharing a campus with a charter school and

2 performing functions related to the charter school’s oper3 ation and employees of a charter school shall not be treat4 ed as Federal employees for purposes of chapter 171 of

5 title 28, United States Code.

6 Notwithstanding any other provision of law, including

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

8 113, if a tribe or tribal organization in fiscal year 2003

9 or 2004 received indirect and administrative costs pursu10 ant to a distribution formula based on section 5(f) of Pub11 lic Law 101–301, the Secretary shall continue to dis12 tribute indirect and administrative cost funds to such tribe

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

14 formula.

15 DEPARTMENTAL OFFICES

16 INSULAR AFFAIRS

17 ASSISTANCE TO TERRITORIES

18 For expenses necessary for assistance to territories

19 under the jurisdiction of the Department of the Interior,

20 $76,563,000, of which: (1) $69,182,000 shall be available

21 until expended for technical assistance, including mainte22 nance assistance, disaster assistance, insular management

23 controls, coral reef initiative activities, and brown tree

24 snake control and research; grants to the judiciary in

25 American Samoa for compensation and expenses, as au-
43

•HR 2361 EH

1 thorized by law (48 U.S.C. 1661(c)); grants to the Govern2 ment of American Samoa, in addition to current local rev3 enues, for construction and support of governmental func4 tions; grants to the Government of the Virgin Islands as

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

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

7 the Northern Mariana Islands as authorized by law (Pub8 lic Law 94–241; 90 Stat. 272); and (2) $7,381,000 shall

9 be available for salaries and expenses of the Office of Insu10 lar Affairs: Provided, That all financial transactions of the

11 territorial and local governments herein provided for, in12 cluding such transactions of all agencies or instrumental13 ities established or used by such governments, may be au14 dited by the Government Accountability Office, at its dis15 cretion, in accordance with chapter 35 of title 31, United

16 States Code: Provided further, That Northern Mariana Is17 lands Covenant grant funding shall be provided according

18 to those terms of the Agreement of the Special Represent19 atives on Future United States Financial Assistance for

20 the Northern Mariana Islands approved by Public Law

21 104–134: Provided further, That of the amounts provided

22 for technical assistance, sufficient funds shall be made

23 available for a grant to the Pacific Basin Development

24 Council: Provided further, That of the amounts provided

25 for technical assistance, sufficient funding shall be made
44

•HR 2361 EH

1 available for a grant to the Close Up Foundation: Provided

2 further, That the funds for the program of operations and

3 maintenance improvement are appropriated to institu4 tionalize routine operations and maintenance improvement

5 of capital infrastructure with territorial participation and

6 cost sharing to be determined by the Secretary based on

7 the grantee’s commitment to timely maintenance of its

8 capital assets: Provided further, That any appropriation

9 for disaster assistance under this heading in this Act or

10 previous appropriations Acts may be used as non-Federal

11 matching funds for the purpose of hazard mitigation

12 grants provided pursuant to section 404 of the Robert T.

13 Stafford Disaster Relief and Emergency Assistance Act

14 (42 U.S.C. 5170c).

15 COMPACT OF FREE ASSOCIATION

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

17 remain available until expended, as provided for in sec18 tions 221(a)(2), 221(b), and 233 of the Compact of Free

19 Association for the Republic of Palau; and section

20 221(a)(2) of the Compacts of Free Association for the

21 Government of the Republic of the Marshall Islands, and

22 the Government of the United States and the Federated

23 States of Micronesia, as authorized by Public Law 99–

24 658 and Public Law 108–188.
45

•HR 2361 EH

1 DEPARTMENTAL MANAGEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for management of the De4 partment of the Interior, $118,755,000 (reduced by

5 $8,000,000) (reduced by $13,000,000) of which not to ex6 ceed $8,500 may be for official reception and representa7 tion expenses; and of which up to $1,000,000 shall be

8 available for workers compensation payments and unem9 ployment compensation payments associated with the or10 derly closure of the United States Bureau of Mines: Pro11 vided, That none of the funds in this or previous appro12 priations Acts may be used to establish any additional re13 serves in the Working Capital Fund account other than

14 the two authorized reserves without prior approval of the

15 House and Senate Committees on Appropriations.

16 PAYMENTS IN LIEU OF TAXES

17 For expenses necessary to implement the Act of Octo18 ber 20, 1976, as amended (31 U.S.C. 6901–6907),

19 $230,000,000 (increased by $12,000,000), of which not

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

21 expenses: Provided, That no payment shall be made to oth22 erwise eligible units of local government if the computed

23 amount of the payment is less than $100.

24 CENTRAL HAZARDOUS MATERIALS FUND

25 For necessary expenses of the Department of the In26 terior and any of its component offices and bureaus for
46

•HR 2361 EH

1 the remedial action, including associated activities, of haz2 ardous waste substances, pollutants, or contaminants pur3 suant to the Comprehensive Environmental Response,

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

5 9601 et seq.), $9,855,000, to remain available until ex6 pended: Provided, That, notwithstanding 31 U.S.C. 3302,

7 sums recovered from or paid by a party in advance of or

8 as reimbursement for remedial action or response activi9 ties conducted by the Department pursuant to section 107

10 or 113(f) of such Act, shall be credited to this account,

11 to be available until expended without further appropria12 tion: Provided further, That such sums recovered from or

13 paid by any party are not limited to monetary payments

14 and may include stocks, bonds or other personal or real

15 property, which may be retained, liquidated, or otherwise

16 disposed of by the Secretary and which shall be credited

17 to this account.

18 OFFICE OF THE SOLICITOR

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of the Solicitor,

21 $55,340,000.

22 OFFICE OF INSPECTOR GENERAL

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Inspector

25 General, $39,566,000.
47

•HR 2361 EH

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, $191,593,000, to remain available

6 until expended, of which not to exceed $58,000,000 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 2006, 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
48

•HR 2361 EH

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 $1.00 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, $34,514,000, to remain available

25 until expended, and which may be transferred to the Bu26 reau of Indian Affairs and Departmental Management ac-
49

•HR 2361 EH

1 counts: Provided, That funds provided under this heading

2 may be expended pursuant to the authorities contained in

3 the provisos under the heading ‘‘Office of Special Trustee

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

5 Interior and Related Agencies Appropriations Act, 2001

6 (Public Law 106–291).

7 NATURAL RESOURCES DAMAGE ASSESSMENT AND

8 RESTORATION

9 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

10 To conduct natural resource damage assessment and

11 restoration activities by the Department of the Interior

12 necessary to carry out the provisions of the Comprehensive

13 Environmental Response, Compensation, and Liability

14 Act, as amended (42 U.S.C. 9601 et seq.), Federal Water

15 Pollution Control Act, as amended (33 U.S.C. 1251 et

16 seq.), the Oil Pollution Act of 1990 (Public Law 101–380)

17 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as

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

19 available until expended.

20 ADMINISTRATIVE PROVISIONS

21 There is hereby authorized for acquisition from avail22 able resources within the Working Capital Fund, 15 air23 craft, 10 of which shall be for replacement and which may

24 be obtained by donation, purchase or through available ex25 cess surplus property: Provided, That existing aircraft

26 being replaced may be sold, with proceeds derived or
50

•HR 2361 EH

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

2 replacement aircraft: Provided further, That no programs

3 funded with appropriated funds in the ‘‘Departmental

4 Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In5 spector General’’ may be augmented through the Working

6 Capital Fund: Provided further, That the annual budget

7 justification for Departmental Management shall describe

8 estimated Working Capital Fund charges to bureaus and

9 offices, including the methodology on which charges are

10 based: Provided further, That departures from the Work11 ing Capital Fund estimates contained in the Departmental

12 Management budget justification shall be presented to the

13 Committees on Appropriations for approval: Provided fur14 ther, That the Secretary shall provide a semi-annual re15 port to the Committees on Appropriations on reimbursable

16 support agreements between the Office of the Secretary

17 and the National Business Center and the bureaus and

18 offices of the Department, including the amounts billed

19 pursuant to such agreements.

20 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

22 available for expenditure or transfer (within each bureau

23 or office), with the approval of the Secretary, for the emer24 gency reconstruction, replacement, or repair of aircraft,

25 buildings, utilities, or other facilities or equipment dam-
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•HR 2361 EH

1 aged or destroyed by fire, flood, storm, or other unavoid2 able causes: Provided, That no funds shall be made avail3 able under this authority until funds specifically made

4 available to the Department of the Interior for emer5 gencies shall have been exhausted, and must be replen6 ished by a supplemental appropriation which must be re7 quested as promptly as possible.

8 SEC. 102. The Secretary may authorize the expendi9 ture or transfer of any no year appropriation in this title,

10 in addition to the amounts included in the budget pro11 grams of the several agencies, for the suppression or emer12 gency prevention of wildland fires on or threatening lands

13 under the jurisdiction of the Department of the Interior;

14 for the emergency rehabilitation of burned-over lands

15 under its jurisdiction; for emergency actions related to po16 tential or actual earthquakes, floods, volcanoes, storms, or

17 other unavoidable causes; for contingency planning subse18 quent to actual oil spills; for response and natural resource

19 damage assessment activities related to actual oil spills;

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

21 potential grasshopper and Mormon cricket outbreaks on

22 lands under the jurisdiction of the Secretary, pursuant to

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

24 (99 Stat. 1658); for emergency reclamation projects under

25 section 410 of Public Law 95–87; and shall transfer, from
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•HR 2361 EH

1 any no year funds available to the Office of Surface Min2 ing Reclamation and Enforcement, such funds as may be

3 necessary to permit assumption of regulatory authority in

4 the event a primacy State is not carrying out the regu5 latory provisions of the Surface Mining Act: Provided,

6 That appropriations made in this title for wildland fire

7 operations shall be available for the payment of obligations

8 incurred during the preceding fiscal year, and for reim9 bursement to other Federal agencies for destruction of ve10 hicles, aircraft, or other equipment in connection with

11 their use for wildland fire operations, such reimbursement

12 to be credited to appropriations currently available at the

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

14 fire operations, no funds shall be made available under

15 this authority until the Secretary determines that funds

16 appropriated for ‘‘wildland fire operations’’ shall be ex17 hausted within 30 days, and must be replenished by a sup18 plemental appropriation which must be requested as

19 promptly as possible: Provided further, That such replen20 ishment funds shall be used to reimburse, on a pro rata

21 basis, accounts from which emergency funds were trans22 ferred.

23 SEC. 103. Appropriations made to the Department

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

25 as authorized by 5 U.S.C. 3109, when authorized by the
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•HR 2361 EH

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

2 maintenance, and operation of aircraft; hire of passenger

3 motor vehicles; purchase of reprints; payment for tele4 phone service in private residences in the field, when au5 thorized under regulations approved by the Secretary; and

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

7 for library membership in societies or associations which

8 issue publications to members only or at a price to mem9 bers lower than to subscribers who are not members.

10 SEC. 104. No funds provided in this title may be ex11 pended by the Department of the Interior for the conduct

12 of offshore preleasing, leasing and related activities placed

13 under restriction in the President’s moratorium statement

14 of June 12, 1998, in the areas of northern, central, and

15 southern California; the North Atlantic; Washington and

16 Oregon; and the eastern Gulf of Mexico south of 26 de17 grees north latitude and east of 86 degrees west longitude.

18 SEC. 105. No funds provided in this title may be ex19 pended by the Department of the Interior to conduct off20 shore oil and natural gas preleasing, leasing and related

21 activities in the eastern Gulf of Mexico planning area for

22 any lands located outside Sale 181, as identified in the

23 final Outer Continental Shelf 5-Year Oil and Gas Leasing

24 Program, 1997–2002.
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•HR 2361 EH

1 SEC. 106. No funds provided in this title may be ex2 pended by the Department of the Interior to conduct oil

3 and natural gas preleasing, leasing and related activities

4 in the Mid-Atlantic and South Atlantic planning areas.

5 SEC. 107. Notwithstanding any other provisions of

6 law, the National Park Service shall not develop or imple7 ment a reduced entrance fee program to accommodate

8 non-local travel through a unit. The Secretary may provide

9 for and regulate local non-recreational passage through

10 units of the National Park System, allowing each unit to

11 develop guidelines and permits for such activity appro12 priate to that unit.

13 SEC. 108. Appropriations made in this Act under the

14 headings Bureau of Indian Affairs and Office of Special

15 Trustee for American Indians and any unobligated

16 balances from prior appropriations Acts made under the

17 same headings shall be available for expenditure or trans18 fer for Indian trust management and reform activities, ex19 cept that total funding for historical accounting activities

20 shall not exceed amounts specifically designated in this

21 Act for such purpose.

22 SEC. 109. Notwithstanding any other provision of

23 law, for the purpose of reducing the backlog of Indian pro24 bate cases in the Department of the Interior, the hearing

25 requirements of chapter 10 of title 25, United States
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•HR 2361 EH

1 Code, are deemed satisfied by a proceeding conducted by

2 an Indian probate judge, appointed by the Secretary with3 out regard to the provisions of title 5, United States Code,

4 governing the appointments in the competitive service, for

5 such period of time as the Secretary determines necessary:

6 Provided, That the basic pay of an Indian probate judge

7 so appointed may be fixed by the Secretary without regard

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

9 chapter 53 of title 5, United States Code, governing the

10 classification and pay of General Schedule employees, ex11 cept that no such Indian probate judge may be paid at

12 a level which exceeds the maximum rate payable for the

13 highest grade of the General Schedule, including locality

14 pay.

15 SEC. 110. Notwithstanding any other provision of

16 law, the Secretary of the Interior is authorized to redis17 tribute any Tribal Priority Allocation funds, including

18 tribal base funds, to alleviate tribal funding inequities by

19 transferring funds to address identified, unmet needs,

20 dual enrollment, overlapping service areas or inaccurate

21 distribution methodologies. No tribe shall receive a reduc22 tion in Tribal Priority Allocation funds of more than 10

23 percent in fiscal year 2006. Under circumstances of dual

24 enrollment, overlapping service areas or inaccurate dis-
56

•HR 2361 EH

1 tribution methodologies, the 10 percent limitation does not

2 apply.

3 SEC. 111. Funds appropriated for the Bureau of In4 dian Affairs for postsecondary schools for fiscal year 2006

5 shall be allocated among the schools proportionate to the

6 unmet need of the schools as determined by the Postsec7 ondary Funding Formula adopted by the Office of Indian

8 Education Programs.

9 SEC. 112. Notwithstanding any other provision of

10 law, in conveying the Twin Cities Research Center under

11 the authority provided by Public Law 104–134, as amend12 ed by Public Law 104–208, the Secretary may accept and

13 retain land and other forms of reimbursement: Provided,

14 That the Secretary may retain and use any such reim15 bursement until expended and without further appropria16 tion: (1) for the benefit of the National Wildlife Refuge

17 System within the State of Minnesota; and (2) for all ac18 tivities authorized by Public Law 100–696; 16 U.S.C.

19 460zz.

20 SEC. 113. The Secretary of the Interior may use or

21 contract for the use of helicopters or motor vehicles on

22 the Sheldon and Hart National Wildlife Refuges for the

23 purpose of capturing and transporting horses and burros.

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

25 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such
57

•HR 2361 EH

1 use. Such use shall be in accordance with humane proce2 dures prescribed by the Secretary.

3 SEC. 114. Funds provided in this Act for Federal

4 land acquisition by the National Park Service for Shen5 andoah Valley Battlefields National Historic District and

6 Ice Age National Scenic Trail may be used for a grant

7 to a State, a local government, or any other land manage8 ment entity for the acquisition of lands without regard to

9 any restriction on the use of Federal land acquisition

10 funds provided through the Land and Water Conservation

11 Fund Act of 1965 as amended.

12 SEC. 115. 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. 116. 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. 117. 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 Dis-
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•HR 2361 EH

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 Washington4 Baltimore locality pay area.

5 SEC. 118. The Secretary of the Interior may use dis6 cretionary funds to pay private attorneys fees and costs

7 for employees and former employees of the Department

8 of the Interior reasonably incurred in connection with

9 Cobell v. Norton to the extent that such fees and costs

10 are not paid by the Department of Justice or by private

11 insurance. In no case shall the Secretary make payments

12 under this section that would result in payment of hourly

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

14 District Court for the District of Columbia for counsel in

15 Cobell v. Norton.

16 SEC. 119. 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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•HR 2361 EH

1 SEC. 120. Such sums as may be necessary from ‘‘De2 partmental Management, Salaries and Expenses’’, may be

3 transferred to ‘‘United States Fish and Wildlife Service,

4 Resource Management’’ for operational needs at the Mid5 way Atoll National Wildlife Refuge airport.

6 SEC. 121. (a) IN GENERAL.—Nothing in section 134

7 of the Department of the Interior and Related Agencies

8 Appropriations Act, 2002 (115 Stat. 443) affects the deci9 sion of the United States Court of Appeals for the 10th

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

11 (2001).

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

13 section permits the conduct of gaming under the Indian

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

15 described in section 123 of the Department of the Interior

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

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

18 of whether the land or contiguous land has been taken

19 into trust by the Secretary of the Interior.

20 SEC. 122. No funds appropriated for the Department

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

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

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

24 water levels required for the operation of the Glen Canyon

25 Dam.
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•HR 2361 EH

1 SEC. 123. Notwithstanding the limitation in subpara2 graph (2)(B) of section 18(a) of the Indian Gaming Regu3 latory Act (25 U.S.C. 2717(a)), the total amount of all

4 fees imposed by the National Indian Gaming Commission

5 for fiscal year 2007 shall not exceed $12,000,000.

6 SEC. 124. Notwithstanding any implementation of

7 the Department of the Interior’s trust reorganization or

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

9 Model, funds appropriated for fiscal year 2006 shall be

10 available to the tribes within the California Tribal Trust

11 Reform Consortium and to the Salt River Pima-Maricopa

12 Indian Community, the Confederated Salish and Kootenai

13 Tribes of the Flathead Reservation and the Chippewa Cree

14 Tribe of the Rocky Boys Reservation through the same

15 methodology as funds were distributed in fiscal year 2004.

16 This Demonstration Project shall continue to operate sep17 arate and apart from the Department of the Interior’s

18 trust reform and reorganization and the Department shall

19 not impose its trust management infrastructure upon or

20 alter the existing trust resource management systems of

21 the above referenced tribes having a self-governance com22 pact and operating in accordance with the Tribal Self-Gov23 ernance Program set forth in 25 U.S.C. 458aa–458hh:

24 Provided, That the California Trust Reform Consortium

25 and any other participating tribe agree to carry out their
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•HR 2361 EH

1 responsibilities under the same written and implemented

2 fiduciary standards as those being carried by the Sec3 retary of the Interior: Provided further, That they dem4 onstrate to the satisfaction of the Secretary that they have

5 the capability to do so: Provided further, That the Depart6 ment shall provide funds to the tribes in an amount equal

7 to that required by 25 U.S.C. 458cc(g)(3), including funds

8 specifically or functionally related to the provision of trust

9 services to the tribes or their members.

10 SEC. 125. Notwithstanding any provision of law, in11 cluding 42 U.S.C. 4321 et. seq., nonrenewable grazing

12 permits authorized in the Jarbidge Field Office, Bureau

13 of Land Management within the past 9 years, shall be re14 newed. The Animal Unit Months contained in the most

15 recently expired nonrenewable grazing permit, authorized

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

17 continue in effect under the renewed permit. Nothing in

18 this section shall be deemed to extend the nonrenewable

19 permits beyond the standard 1-year term.

20 SEC. 126. Notwithstanding any other provision of

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

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

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

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

25 of operating and maintaining facilities in the support of
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•HR 2361 EH

1 transportation and accommodation of visitors to Ellis,

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

3 administrative activities, by donation or with appropriated

4 funds, including franchise fees (and other monetary con5 sideration), or by exchange; and the Secretary is author6 ized to negotiate and enter into leases, subleases, conces7 sion contracts or other agreements for the use of such fa8 cilities on such terms and conditions as the Secretary may

9 determine reasonable.

10 SEC. 127. Upon the request of the permittee for the

11 Clark Mountain Allotment lands adjacent to the Mojave

12 National Preserve, the Secretary shall also issue a special

13 use permit for that portion of the grazing allotment lo14 cated within the Preserve. The special use permit shall be

15 issued with the same terms and conditions as the most

16 recently-issued permit for that allotment and the Sec17 retary shall consider the permit to be one transferred in

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

19 SEC. 128. Notwithstanding any other provision of

20 law, the National Park Service final winter use rules pub21 lished in part VII of the Federal Register for November

22 10, 2004, 69 Fed. Reg. 65348 et seq., shall be in force

23 and effect for the winter use season of 2005–2006 that

24 commences on or about December 15, 2005.
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•HR 2361 EH

1 SEC. 129. None of the funds in this Act may be used

2 to compensate more than 34 full time equivalent employ3 ees in the Department’s Office of Law Enforcement and

4 Security. The total number of staff detailed from other

5 offices and reimbursable staff may not exceed 8 at any

6 given time.

7 TITLE II—ENVIRONMENTAL PROTECTION

8 AGENCY

9 SCIENCE AND TECHNOLOGY

10 For science and technology, including research and

11 development activities, which shall include research and

12 development activities under the Comprehensive Environ13 mental Response, Compensation, and Liability Act of

14 1980, as amended; necessary expenses for personnel and

15 related costs and travel expenses, including uniforms, or

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

17 5902; services as authorized by 5 U.S.C. 3109, but at

18 rates for individuals not to exceed the per diem rate equiv19 alent to the maximum rate payable for senior level posi20 tions under 5 U.S.C. 5376; procurement of laboratory

21 equipment and supplies; other operating expenses in sup22 port of research and development; construction, alteration,

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

24 exceed $85,000 per project, $765,340,000 which shall re25 main available until September 30, 2007.
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•HR 2361 EH

1 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

2 For environmental programs and management, in3 cluding necessary expenses, not otherwise provided for, for

4 personnel and related costs and travel expenses, including

5 uniforms, or allowances therefor, as authorized by 5

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

7 3109, but at rates for individuals not to exceed the per

8 diem rate equivalent to the maximum rate payable for sen9 ior level positions under 5 U.S.C. 5376; hire of passenger

10 motor vehicles; hire, maintenance, and operation of air11 craft; purchase of reprints; library memberships in soci12 eties or associations which issue publications to members

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

14 who are not members; construction, alteration, repair, re15 habilitation, and renovation of facilities, not to exceed

16 $85,000 per project; and not to exceed $9,000 for official

17 reception and representation expenses, $2,389,491,000

18 (increased by $1,903,000) (reduced by $1,903,000), which

19 shall remain available until September 30, 2007, including

20 administrative costs of the brownfields program under the

21 Small Business Liability Relief and Brownfields Revital22 ization Act of 2002.

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector

25 General in carrying out the provisions of the Inspector

26 General Act of 1978, as amended, and for construction,
65

•HR 2361 EH

1 alteration, repair, rehabilitation, and renovation of facili2 ties, not to exceed $85,000 per project, $37,955,000 to

3 remain available until September 30, 2007.

4 BUILDINGS AND FACILITIES

5 For construction, repair, improvement, extension, al6 teration, and purchase of fixed equipment or facilities of,

7 or for use by, the Environmental Protection Agency,

8 $40,218,000 to remain available until expended.

9 HAZARDOUS SUBSTANCE SUPERFUND

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses to carry out the Comprehen12 sive Environmental Response, Compensation, and Liabil13 ity Act of 1980 (CERCLA), as amended, including sec14 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.

15 9611), and for construction, alteration, repair, rehabilita16 tion, and renovation of facilities, not to exceed $85,000

17 per project; $1,258,333,000, to remain available until ex18 pended, consisting of such sums as are available in the

19 Trust Fund upon the date of enactment of this Act as

20 authorized by section 517(a) of the Superfund Amend21 ments and Reauthorization Act of 1986 (SARA) and up

22 to $1,258,333,000 as a payment from general revenues

23 to the Hazardous Substance Superfund for purposes as

24 authorized by section 517(b) of SARA, as amended: Pro25 vided, That funds appropriated under this heading may

26 be allocated to other Federal agencies in accordance with
66

•HR 2361 EH

1 section 111(a) of CERCLA: Provided further, That of the

2 funds appropriated under this heading, $13,536,000 shall

3 be transferred to the ‘‘Office of Inspector General’’ appro4 priation to remain available until September 30, 2007,

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

6 technology’’ appropriation to remain available until Sep7 tember 30, 2007.

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, $73,027,000, 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, $15,863,000, 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 RESCISSIONS OF FUNDS)

24 For environmental programs and infrastructure as25 sistance, including capitalization grants for State revolv26 ing funds and performance partnership grants,
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•HR 2361 EH

1 $3,127,800,000, to remain available until expended, of

2 which $750,000,000 shall be for making capitalization

3 grants for the Clean Water State Revolving Funds under

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

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

6 be available for loans, including interest free loans as au7 thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter8 municipal, interstate, or State agencies or nonprofit enti9 ties for projects that provide treatment for or that mini10 mize sewage or stormwater discharges using one or more

11 approaches which include, but are not limited to, decen12 tralized or distributed stormwater controls, decentralized

13 wastewater treatment, low-impact development practices,

14 conservation easements, stream buffers, or wetlands res15 toration; $850,000,000 shall be for capitalization grants

16 for the Drinking Water State Revolving Funds under sec17 tion 1452 of the Safe Drinking Water Act, as amended;

18 $50,000,000 shall be for architectural, engineering, plan19 ning, design, construction and related activities in connec20 tion with the construction of high priority water and

21 wastewater facilities in the area of the United States-Mex22 ico Border, after consultation with the appropriate border

23 commission; $15,000,000 shall be for grants to the State

24 of Alaska to address drinking water and waste infrastruc25 ture needs of rural and Alaska Native Villages;
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•HR 2361 EH

1 $200,000,000 shall be for making grants for the construc2 tion of drinking water, wastewater and storm water infra3 structure and for water quality protection (‘‘special project

4 grants’’) in accordance with the terms and conditions

5 specified for such grants in the joint explanatory state6 ment of the managers accompanying this Act, and, for

7 purposes of these grants, each grantee shall contribute not

8 less than 45 percent of the cost of the project unless the

9 grantee is approved for a waiver by the Agency;

10 $95,500,000 (increased by $2,000,000) shall be to carry

11 out section 104(k) of the Comprehensive Environmental

12 Response, Compensation, and Liability Act of 1980

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

14 agreements, and associated program support costs;

15 $4,000,000 shall be for a grant to Puerto Rico for drink16 ing water infrastructure improvements to the

17 Metropolitano community water system in San Juan;

18 $10,000,000 for cost-shared grants for school bus retrofit

19 and replacement projects that reduce diesel emissions:

20 Provided, That $1,153,300,000 (reduced by $2,000,000)

21 shall be for grants, including associated program support

22 costs, to States, federally recognized tribes, interstate

23 agencies, tribal consortia, and air pollution control agen24 cies for multi-media or single media pollution prevention,

25 control and abatement and related activities, including ac-
69

•HR 2361 EH

1 tivities pursuant to the provisions set forth under this

2 heading in Public Law 104–134, and for making grants

3 under section 103 of the Clean Air Act for particulate

4 matter monitoring and data collection activities of which

5 and subject to terms and conditions specified by the Ad6 ministrator, of which $52,000,000 (reduced by

7 $2,000,000) shall be for carrying out section 128 of

8 CERCLA, as amended, and $20,000,000 shall be for En9 vironmental Information Exchange Network grants, in10 cluding associated program support costs, and

11 $15,000,000 shall be for making competitive targeted wa12 tershed grants: Provided further, That notwithstanding

13 section 603(d)(7) of the Act, the limitation on the

14 amounts in a State water pollution control revolving fund

15 that may be used by a State to administer the fund shall

16 not apply to amounts included as principal in loans made

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

18 such amounts represent costs of administering the fund

19 to the extent that such amounts are or were deemed rea20 sonable by the Administrator, accounted for separately

21 from other assets in the fund, and used for eligible pur22 poses of the fund, including administration: Provided fur23 ther, That for fiscal year 2006, and notwithstanding sec24 tion 518(f) of the Act, the Administrator is authorized to

25 use the amounts appropriated for any fiscal year under
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•HR 2361 EH

1 section 319 of that Act to make grants to Indian tribes

2 pursuant to sections 319(h) and 518(e) of that Act: Pro3 vided further, That for fiscal year 2006, notwithstanding

4 the limitation on amounts in section 518(c) of the Act,

up to a total of 11 5 ⁄2 percent of the funds appropriated

6 for State Revolving Funds under title VI of that Act may

7 be reserved by the Administrator for grants under section

8 518(c) of that Act: Provided further, That no funds pro9 vided by this legislation to address the water, wastewater

10 and other critical infrastructure needs of the colonias in

11 the United States along the United States-Mexico border

12 shall be made available to a county or municipal govern13 ment unless that government has established an enforce14 able local ordinance, or other zoning rule, which prevents

15 in that jurisdiction the development or construction of any

16 additional colonia areas, or the development within an ex17 isting colonia the construction of any new home, business,

18 or other structure which lacks water, wastewater, or other

19 necessary infrastructure: Provided further, That, notwith20 standing any other provision of law, such funds that were

21 appropriated under this heading for special project grants

22 in fiscal year 2000 or before and for which the Agency

23 has not received an application and issued a grant by Sep24 tember 30, 2006, shall be made available to the Clean

25 Water or Drinking Water Revolving Fund, as appropriate,
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•HR 2361 EH

1 for the State in which the special project grant recipient

2 is located: Provided further, That excess funds remaining

3 after completion of a special project grant shall be made

4 available to the Clean Water or Drinking Water Revolving

5 Fund, as appropriate, for the State in which the special

6 project grant recipient is located: Provided further, That

7 in the event that a special project is determined by the

8 Agency to be ineligible for a grant, the funds for that

9 project shall be made available to the Clean Water or

10 Drinking Water Revolving Fund, as appropriate, for the

11 State in which the special project grant recipient is lo12 cated: Provided further, That notwithstanding this or pre13 vious appropriations Acts, after consultation with the

14 House and Senate Committees on Appropriations and for

15 the purposes of making technical corrections, the Adminis16 trator is authorized to award grants to entities under this

17 heading for purposes other than those listed in the joint

18 explanatory statements of the managers accompanying the

19 Agency’s appropriations Acts for the construction of

20 drinking water, waste water and storm water infrastruc21 ture, and for water quality protection.

22 For an additional amount for the Clean Water State

23 Revolving Fund, $100,000,000 shall be made available

24 from the rescissions of multi-year and no-year funding,

25 previously appropriated to the Environmental Protection
72

•HR 2361 EH

1 Agency, the availability of which under the original appro2 priation accounts has not expired, and $100,000,000 in

3 such funding is hereby rescinded: Provided, That such re4 scissions shall be taken solely from amounts associated

5 with grants, contracts, and interagency agreements whose

6 availability under the original period for obligation for

7 such grant, contract, or interagency agreement has ex8 pired based on the April 2005 review by the Government

9 Accountability Office.

10 ADMINISTRATIVE PROVISIONS

11 For fiscal year 2006, notwithstanding 31 U.S.C.

12 6303(1) and 6305(1), the Administrator of the Environ13 mental Protection Agency, in carrying out the Agency’s

14 function to implement directly Federal environmental pro15 grams required or authorized by law in the absence of an

16 acceptable tribal program, may award cooperative agree17 ments to federally-recognized Indian Tribes or Intertribal

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

19 the Administrator in implementing Federal environmental

20 programs for Indian Tribes required or authorized by law,

21 except that no such cooperative agreements may be award22 ed from funds designated for State financial assistance

23 agreements.

24 The Administrator of the Environmental Protection

25 Agency is authorized to collect and obligate pesticide reg26 istration service fees in accordance with section 33 of the
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•HR 2361 EH

1 Federal Insecticide, Fungicide, and Rodenticide Act (as

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

3 Improvement Act of 2003), as amended.

4 Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), ap5 propriated funds for fiscal year 2006 may be used to

6 award grants or loans under section 104(k) of CERCLA

7 to eligible entities that satisfy all of the elements set forth

8 in CERCLA section 101(40) to qualify as a bona fide pro9 spective purchaser except that the date of acquisition of

10 the property was prior to the date of enactment of the

11 Small Business Liability Relief and Brownfield Revitaliza12 tion Act of 2001.

13 For fiscal years 2006 through 2011, the Adminis14 trator may, after consultation with the Office of Personnel

15 Management, make not to exceed five appointments in any

16 fiscal year under the authority provided in 42 U.S.C. 209

17 for the Office of Research and Development.

18 TITLE III—RELATED AGENCIES

19 DEPARTMENT OF AGRICULTURE

20 FOREST SERVICE

21 FOREST AND RANGELAND RESEARCH

22 For necessary expenses of forest and rangeland re23 search as authorized by law, $285,000,000, to remain

24 available until expended: Provided, That of the funds pro-
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•HR 2361 EH

1 vided, $62,100,000 is for the forest inventory and analysis

2 program.

3 STATE AND PRIVATE FORESTRY

4 For necessary expenses of cooperating with and pro5 viding technical and financial assistance to States, terri6 tories, possessions, and others, and for forest health man7 agement, including treatments of pests, pathogens, and

8 invasive or noxious plants and for restoring and rehabili9 tating forests damaged by pests or invasive plants, cooper10 ative forestry, and education and land conservation activi11 ties and conducting an international program as author12 ized, $254,875,000, to remain available until expended, as

13 authorized by law of which $25,000,000 is to be derived

14 from the Land and Water Conservation Fund: Provided,

15 That none of the funds provided under this heading for

16 the acquisition of lands or interests in lands shall be avail17 able until the Forest Service notifies the House Committee

18 on Appropriations and the Senate Committee on Appro19 priations, in writing, of specific contractual and grant de20 tails including the non-Federal cost share: Provided fur21 ther, That of the funds provided herein, $1,000,000 shall

22 be provided to Custer County, Idaho, for economic devel23 opment in accordance with the Central Idaho Economic

24 Development and Recreation Act, subject to authorization.
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•HR 2361 EH

1 NATIONAL FOREST SYSTEM

2 For necessary expenses of the Forest Service, not

3 otherwise provided for, for management, protection, im4 provement, and utilization of the National Forest System,

5 $1,423,920,000 (reduced by $7,000,000) (increased by

6 $1,000,000), to remain available until expended, which

7 shall include 50 percent of all moneys received during

8 prior fiscal years as fees collected under the Land and

9 Water Conservation Fund Act of 1965, as amended, in

10 accordance with section 4 of the Act (16 U.S.C. 460l–

11 6a(i)): Provided, That unobligated balances under this

12 heading available at the start of fiscal year 2006 shall be

13 displayed by budget line item in the fiscal year 2007 budg14 et justification.

15 WILDLAND FIRE MANAGEMENT

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses for forest fire presuppression

18 activities on National Forest System lands, for emergency

19 fire suppression on or adjacent to such lands or other

20 lands under fire protection agreement, hazardous fuels re21 duction on or adjacent to such lands, and for emergency

22 rehabilitation of burned-over National Forest System

23 lands and water, $1,790,506,000, to remain available until

24 expended: Provided, That such funds including unobli25 gated balances under this heading, are available for repay26 ment of advances from other appropriations accounts pre-
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•HR 2361 EH

1 viously transferred for such purposes: Provided further,

2 That such funds shall be available to reimburse State and

3 other cooperating entities for services provided in response

4 to wildfire and other emergencies or disasters to the extent

5 such reimbursements by the Forest Service for non-fire

6 emergencies are fully repaid by the responsible emergency

7 management agency: Provided further, That not less than

8 50 percent of any unobligated balances remaining (exclu9 sive of amounts for hazardous fuels reduction) at the end

10 of fiscal year 2005 shall be transferred, as repayment for

11 past advances that have not been repaid, to the fund es12 tablished pursuant to section 3 of Public Law 71–319 (16

13 U.S.C. 576 et seq.): Provided further, That, notwith14 standing any other provision of law, $8,000,000 of funds

15 appropriated under this appropriation shall be used for

16 Fire Science Research in support of the Joint Fire Science

17 Program: Provided further, That all authorities for the use

18 of funds, including the use of contracts, grants, and coop19 erative agreements, available to execute the Forest and

20 Rangeland Research appropriation, are also available in

21 the utilization of these funds for Fire Science Research:

22 Provided further, That funds provided shall be available

23 for emergency rehabilitation and restoration, hazardous

24 fuels reduction activities in the urban-wildland interface,

25 support to Federal emergency response, and wildfire sup-
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•HR 2361 EH

1 pression activities of the Forest Service: Provided further,

2 That of the funds provided, $286,000,000 is for hazardous

3 fuels reduction activities, $9,281,000 is for rehabilitation

4 and restoration, $21,719,000 is for research activities and

5 to make competitive research grants pursuant to the For6 est and Rangeland Renewable Resources Research Act, as

7 amended (16 U.S.C. 1641 et seq.), $41,000,000 is for

8 State fire assistance, $8,000,000 is for volunteer fire as9 sistance, $15,000,000 is for forest health activities on

10 Federal lands and $10,000,000 is for forest health activi11 ties on State and private lands: Provided further, That

12 amounts in this paragraph may be transferred to the

13 ‘‘State and Private Forestry’’, ‘‘National Forest System’’,

14 and ‘‘Forest and Rangeland Research’’ accounts to fund

15 State fire assistance, volunteer fire assistance, forest

16 health management, forest and rangeland research, vege17 tation and watershed management, heritage site rehabili18 tation, and wildlife and fish habitat management and res19 toration: Provided further, That transfers of any amounts

20 in excess of those authorized in this paragraph, shall re21 quire approval of the House and Senate Committees on

22 Appropriations in compliance with reprogramming proce23 dures contained in the report accompanying this Act: Pro24 vided further, That funds provided under this heading for

25 hazardous fuels treatments may be transferred to and
78

•HR 2361 EH

1 made a part of the ‘‘National Forest System’’ account at

2 the sole discretion of the Chief of the Forest Service thirty

3 days after notifying the House and the Senate Committees

4 on Appropriations: Provided further, That the costs of im5 plementing any cooperative agreement between the Fed6 eral Government and any non-Federal entity may be

7 shared, as mutually agreed on by the affected parties: Pro8 vided further, That in addition to funds provided for State

9 Fire Assistance programs, and subject to all authorities

10 available to the Forest Service under the State and Pri11 vate Forestry Appropriations, up to $15,000,000 may be

12 used on adjacent non-Federal lands for the purpose of pro13 tecting communities when hazard reduction activities are

14 planned on national forest lands that have the potential

15 to place such communities at risk: Provided further, That

16 the Secretary of the Interior and the Secretary of Agri17 culture may authorize the transfer of funds appropriated

18 for wildland fire management, in an aggregate amount not

19 to exceed $9,000,000, between the Departments when

20 such transfers would facilitate and expedite jointly funded

21 wildland fire management programs and projects: Pro22 vided further, That funds designated for wildfire suppres23 sion, shall be assessed for indirect costs, in a manner con24 sistent with such assessments against other agency pro25 grams.
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•HR 2361 EH

1 CAPITAL IMPROVEMENT AND MAINTENANCE

2 For necessary expenses of the Forest Service, not

3 otherwise provided for, $468,260,000, to remain available

4 until expended for construction, reconstruction, mainte5 nance and acquisition of buildings and other facilities, and

6 for construction, reconstruction, repair, decommissioning,

7 and maintenance of forest roads and trails by the Forest

8 Service as authorized by 16 U.S.C. 532–538 and 23

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

10 of the funds provided herein for road maintenance shall

11 be available for the decommissioning of roads, including

12 unauthorized roads not part of the transportation system,

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

14 funds shall be expended to decommission any system road

15 until notice and an opportunity for public comment has

16 been provided on each decommissioning project.

17 LAND ACQUISITION

18 For expenses necessary to carry out the provisions

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

20 as amended (16 U.S.C. 460l–4 through 11), including ad21 ministrative expenses, and for acquisition of land or wa22 ters, or interest therein, in accordance with statutory au23 thority applicable to the Forest Service, $15,000,000, to

24 be derived from the Land and Water Conservation Fund

25 and to remain available until expended.
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•HR 2361 EH

1 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

2 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, $1,069,000, 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, pursuant to the Act of December 4, 1967,

16 as amended (16 U.S.C. 484a), to remain available until

17 expended.

18 RANGE BETTERMENT FUND

19 For necessary expenses of range rehabilitation, pro20 tection, and improvement, 50 percent of all moneys re21 ceived during the prior fiscal year, as fees for grazing do22 mestic livestock on lands in National Forests in the 16

23 Western States, pursuant to section 401(b)(1) of Public

24 Law 94–579, as amended, to remain available until ex25 pended, of which not to exceed 6 percent shall be available
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•HR 2361 EH

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 $64,000, 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), $5,467,000, 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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•HR 2361 EH

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 None of the funds made available under this Act shall

12 be obligated or expended to abolish any region, to move

13 or close any regional office for National Forest System

14 administration of the Forest Service, Department of Agri15 culture without the consent of the House and Senate Com16 mittees on Appropriations.

17 Any appropriations or funds available to the Forest

18 Service may be transferred to the Wildland Fire Manage19 ment appropriation for forest firefighting, emergency re20 habilitation of burned-over or damaged lands or waters

21 under its jurisdiction, and fire preparedness due to severe

22 burning conditions upon notification of the House and

23 Senate Committees on Appropriations and if and only if

24 all previously appropriated emergency contingent funds

25 under the heading ‘‘Wildland Fire Management’’ have
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•HR 2361 EH

1 been released by the President and apportioned and all

2 wildfire suppression funds under the heading ‘‘Wildland

3 Fire Management’’ are obligated.

4 The first transfer of funds into the Wildland Fire

5 Management account shall include unobligated funds, if

6 available, from the Land Acquisition account and the For7 est Legacy program within the State and Private Forestry

8 account.

9 Funds appropriated to the Forest Service shall be

10 available for assistance to or through the Agency for Inter11 national Development and the Foreign Agricultural Serv12 ice in connection with forest and rangeland research, tech13 nical information, and assistance in foreign countries, and

14 shall be available to support forestry and related natural

15 resource activities outside the United States and its terri16 tories and possessions, including technical assistance, edu17 cation and training, and cooperation with United States

18 and international organizations.

19 None of the funds made available to the Forest Serv20 ice under this Act shall be subject to transfer under the

21 provisions of section 702(b) of the Department of Agri22 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

23 147b, however in fiscal year 2006 the Forest Service may

24 transfer funds to the ‘‘National Forest System’’ account

25 from other agency accounts to enable the agency’s law en-
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•HR 2361 EH

1 forcement program to pay full operating costs including

2 overhead.

3 None of the funds available to the Forest Service 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 report accompanying this Act.

8 Not more than $72,646,000 of the funds available to

9 the Forest Service shall be transferred to the Working

10 Capital Fund of the Department of Agriculture.

11 Funds available to the Forest Service shall be avail12 able to conduct a program of not less than $2,000,000

13 for high priority projects within the scope of the approved

14 budget which shall be carried out by the Youth Conserva15 tion Corps.

16 Of the funds available to the Forest Service, $4,000

17 is available to the Chief of the Forest Service for official

18 reception and representation expenses.

19 Pursuant to sections 405(b) and 410(b) of Public

20 Law 101–593, of the funds available to the Forest Service,

21 $3,000,000 may be advanced in a lump sum to the Na22 tional Forest Foundation to aid conservation partnership

23 projects in support of the Forest Service mission, without

24 regard to when the Foundation incurs expenses, for ad25 ministrative expenses or projects on or benefitting Na-
85

•HR 2361 EH

1 tional Forest System lands or related to Forest Service

2 programs: Provided, That of the Federal funds made

3 available to the Foundation, no more than $250,000 shall

4 be available for administrative expenses: Provided further,

5 That the Foundation shall obtain, by the end of the period

6 of Federal financial assistance, private contributions to

7 match on at least one-for-one basis funds made available

8 by the Forest Service: Provided further, That the Founda9 tion may transfer Federal funds to a non-Federal recipient

10 for a project at the same rate that the recipient has ob11 tained the non-Federal matching funds: Provided further,

12 That authorized investments of Federal funds held by the

13 Foundation may be made only in interest-bearing obliga14 tions of the United States or in obligations guaranteed as

15 to both principal and interest by the United States.

16 Pursuant to section 2(b)(2) of Public Law 98–244,

17 $2,650,000 of the funds available to the Forest Service

18 shall be advanced to the National Fish and Wildlife Foun19 dation in a lump sum to aid cost-share conservation

20 projects, without regard to when expenses are incurred,

21 on or benefitting National Forest System lands or related

22 to Forest Service programs: Provided, That such funds

23 shall be matched on at least a one-for-one basis by the

24 Foundation or its subrecipients.
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1 Funds appropriated to the Forest Service shall be

2 available for interactions with and providing technical as3 sistance to rural communities for sustainable rural devel4 opment purposes.

5 Any appropriations or funds available to the Forest

6 Service may be used for necessary expenses in the event

7 of law enforcement emergencies as necessary to protect

8 natural resources and public or employee safety: Provided,

9 That such amounts shall not exceed $500,000.

10 An eligible individual who is employed in any project

11 funded under title V of the Older American Act of 1965

12 (42 U.S.C. 3056 et seq.) and administered by the Forest

13 Service shall be considered to be a Federal employee for

14 purposes of chapter 171 of title 28, United States Code.

15 Any funds appropriated to the Forest Service may

16 be used to meet the non-Federal share requirement in sec17 tion 502(c) of the Older American Act of 1965 (42 U.S.C.

18 3056(c)(2)).

19 For each fiscal year through 2009, funds available

20 to the Forest Service in this Act may be used for the pur21 pose of expenses associated with primary and secondary

22 schooling for dependents of agency personnel stationed in

23 Puerto Rico prior to the date of enactment of this Act,

24 who are subject to transfer and reassignment to other lo25 cations in the United States, at a cost not in excess of
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•HR 2361 EH

1 those authorized for the Department of Defense for the

2 same area, when it is determined by the Chief of the For3 est Service that public schools available in the locality are

4 unable to provide adequately for the education of such de5 pendents.

6 DEPARTMENT OF HEALTH AND HUMAN

7 SERVICES

8 INDIAN HEALTH SERVICE

9 INDIAN HEALTH SERVICES

10 For expenses necessary to carry out the Act of Au11 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina12 tion Act, the Indian Health Care Improvement Act, and

13 titles II and III of the Public Health Service Act with re14 spect to the Indian Health Service, $2,732,298,000, to15 gether with payments received during the fiscal year pur16 suant to 42 U.S.C. 238(b) for services furnished by the

17 Indian Health Service: Provided, That funds made avail18 able to tribes and tribal organizations through contracts,

19 grant agreements, or any other agreements or compacts

20 authorized by the Indian Self-Determination and Edu21 cation Assistance Act of 1975 (25 U.S.C. 450), shall be

22 deemed to be obligated at the time of the grant or contract

23 award and thereafter shall remain available to the tribe

24 or tribal organization without fiscal year limitation: Pro25 vided further, That up to $18,000,000 shall remain avail-
88

•HR 2361 EH

1 able until expended, for the Indian Catastrophic Health

2 Emergency Fund: Provided further, That $507,021,000

3 for contract medical care shall remain available for obliga4 tion until September 30, 2007: Provided further, That of

5 the funds provided, up to $27,000,000, to remain available

6 until expended, shall be used to carry out the loan repay7 ment program under section 108 of the Indian Health

8 Care Improvement Act: Provided further, That funds pro9 vided in this Act may be used for one-year contracts and

10 grants which are to be performed in two fiscal years, so

11 long as the total obligation is recorded in the year for

12 which the funds are appropriated: Provided further, That

13 the amounts collected by the Secretary of Health and

14 Human Services under the authority of title IV of the In15 dian Health Care Improvement Act shall remain available

16 until expended for the purpose of achieving compliance

17 with the applicable conditions and requirements of titles

18 XVIII and XIX of the Social Security Act (exclusive of

19 planning, design, or construction of new facilities): Pro20 vided further, That funding contained herein, and in any

21 earlier appropriations Acts for scholarship programs

22 under the Indian Health Care Improvement Act (25

23 U.S.C. 1613) shall remain available until expended: Pro24 vided further, That amounts received by tribes and tribal

25 organizations under title IV of the Indian Health Care Im-
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•HR 2361 EH

1 provement Act shall be reported and accounted for and

2 available to the receiving tribes and tribal organizations

3 until expended: Provided further, That, notwithstanding

4 any other provision of law, of the amounts provided herein,

5 not to exceed $268,683,000 shall be for payments to tribes

6 and tribal organizations for contract or grant support

7 costs associated with contracts, grants, self-governance

8 compacts or annual funding agreements between the In9 dian Health Service and a tribe or tribal organization pur10 suant to the Indian Self-Determination Act of 1975, as

11 amended, prior to or during fiscal year 2006, of which

12 not to exceed $5,000,000 may be used for contract sup13 port costs associated with new or expanded self-determina14 tion contracts, grants, self-governance compacts or annual

15 funding agreements: Provided further, That funds avail16 able for the Indian Health Care Improvement Fund may

17 be used, as needed, to carry out activities typically funded

18 under the Indian Health Facilities account: Provided fur19 ther, That of the amounts provided to the Indian Health

20 Service, $15,000,000 is provided for alcohol control, en21 forcement, prevention, treatment, sobriety and wellness,

22 and education in Alaska: Provided further, That none of

23 the funds may be used for tribal courts or tribal ordinance

24 programs or any program that is not directly related to

25 alcohol control, enforcement, prevention, treatment, or so-
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•HR 2361 EH

1 briety: Provided further, That no more than 15 percent

2 may be used by any entity receiving funding for adminis3 trative overhead including indirect costs: Provided further,

4 That the Bureau of Indian Affairs shall collect from the

5 Indian Health Service and tribes and tribal organizations

6 operating health facilities pursuant to Public Law 93–638

7 such individually identifiable health information relating

8 to disabled children as may be necessary for the purpose

9 of carrying out its functions under the Individuals With

10 Disability Education Act, 20 U.S.C. 1400, et seq.

11 INDIAN HEALTH FACILITIES

12 For construction, repair, maintenance, improvement,

13 and equipment of health and related auxiliary facilities,

14 including quarters for personnel; preparation of plans,

15 specifications, and drawings; acquisition of sites, purchase

16 and erection of modular buildings, and purchases of trail17 ers; and for provision of domestic and community sanita18 tion facilities for Indians, as authorized by section 7 of

19 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian

20 Self-Determination Act, and the Indian Health Care Im21 provement Act, and for expenses necessary to carry out

22 such Acts and titles II and III of the Public Health Serv23 ice Act with respect to environmental health and facilities

24 support activities of the Indian Health Service,

25 $370,774,000, to remain available until expended: Pro26 vided, That notwithstanding any other provision of law,
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•HR 2361 EH

1 funds appropriated for the planning, design, construction

2 or renovation of health facilities for the benefit of an In3 dian tribe or tribes may be used to purchase land for sites

4 to construct, improve, or enlarge health or related facili5 ties: Provided further, That not to exceed $500,000 shall

6 be used by the Indian Health Service to purchase

7 TRANSAM equipment from the Department of Defense

8 for distribution to the Indian Health Service and tribal

9 facilities: Provided further, That none of the funds appro10 priated to the Indian Health Service may be used for sani11 tation facilities construction for new homes funded with

12 grants by the housing programs of the United States De13 partment of Housing and Urban Development: Provided

14 further, That not to exceed $1,000,000 from this account

15 and the ‘‘Indian Health Services’’ account shall be used

16 by the Indian Health Service to obtain ambulances for the

17 Indian Health Service and tribal facilities in conjunction

18 with an existing interagency agreement between the In19 dian Health Service and the General Services Administra20 tion: Provided further, That notwithstanding any other

21 provision of law, funds appropriated for the planning, de22 sign, and construction of the replacement health care facil23 ity in Barrow, Alaska, may be used to purchase land up

24 to approximately 8 hectares for a site upon which to con25 struct the new health care facility: Provided further, That
92

•HR 2361 EH

1 not to exceed $500,000 shall be placed in a Demolition

2 Fund, available until expended, to be used by the Indian

3 Health Service for demolition of Federal buildings.

4 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

5 Appropriations in this Act to the Indian Health Serv6 ice shall be available for services as authorized by 5 U.S.C.

7 3109 but at rates not to exceed the per diem rate equiva8 lent to the maximum rate payable for senior-level positions

9 under 5 U.S.C. 5376; hire of passenger motor vehicles and

10 aircraft; purchase of medical equipment; purchase of re11 prints; purchase, renovation and erection of modular

12 buildings and renovation of existing facilities; payments

13 for telephone service in private residences in the field,

14 when authorized under regulations approved by the Sec15 retary; and for uniforms or allowances therefor as author16 ized by 5 U.S.C. 5901–5902; and for expenses of attend17 ance at meetings which are concerned with the functions

18 or activities for which the appropriation is made or which

19 will contribute to improved conduct, supervision, or man20 agement of those functions or activities.

21 In accordance with the provisions of the Indian

22 Health Care Improvement Act, non-Indian patients may

23 be extended health care at all tribally administered or In24 dian Health Service facilities, subject to charges, and the

25 proceeds along with funds recovered under the Federal

26 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall
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•HR 2361 EH

1 be credited to the account of the facility providing the

2 service and shall be available without fiscal year limitation.

3 Notwithstanding any other law or regulation, funds trans4 ferred from the Department of Housing and Urban Devel5 opment to the Indian Health Service shall be administered

6 under Public Law 86–121 (the Indian Sanitation Facili7 ties Act) and Public Law 93–638, as amended.

8 Funds appropriated to the Indian Health Service in

9 this Act, except those used for administrative and program

10 direction purposes, shall not be subject to limitations di11 rected at curtailing Federal travel and transportation.

12 None of the funds made available to the Indian

13 Health Service in this Act shall be used for any assess14 ments or charges by the Department of Health and

15 Human Services unless identified in the budget justifica16 tion and provided in this Act, or approved by the House

17 and Senate Committees on Appropriations through the re18 programming process. Personnel ceilings may not be im19 posed on the Indian Health Service nor may any action

20 be taken to reduce the full time equivalent level of the

21 Indian Health Service below the level in fiscal year 2002

22 adjusted upward for the staffing of new and expanded fa23 cilities, funding provided for staffing at the Lawton, Okla24 homa hospital in fiscal years 2003 and 2004, critical posi25 tions not filled in fiscal year 2002, and staffing necessary
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•HR 2361 EH

1 to carry out the intent of Congress with regard to program

2 increases.

3 Notwithstanding any other provision of law, funds

4 previously or herein made available to a tribe or tribal or5 ganization through a contract, grant, or agreement au6 thorized by title I or title V of the Indian Self-Determina7 tion and Education Assistance Act of 1975 (25 U.S.C.

8 450), may be deobligated and reobligated to a self-deter9 mination contract under title I, or a self-governance agree10 ment under title V of such Act and thereafter shall remain

11 available to the tribe or tribal organization without fiscal

12 year limitation.

13 None of the funds made available to the Indian

14 Health Service in this Act shall be used to implement the

15 final rule published in the Federal Register on September

16 16, 1987, by the Department of Health and Human Serv17 ices, relating to the eligibility for the health care services

18 of the Indian Health Service until the Indian Health Serv19 ice has submitted a budget request reflecting the increased

20 costs associated with the proposed final rule, and such re21 quest has been included in an appropriations Act and en22 acted into law.

23 With respect to functions transferred by the Indian

24 Health Service to tribes or tribal organizations, the Indian

25 Health Service is authorized to provide goods and services
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•HR 2361 EH

1 to those entities, on a reimbursable basis, including pay2 ment in advance with subsequent adjustment. The reim3 bursements received therefrom, along with the funds re4 ceived from those entities pursuant to the Indian Self-De5 termination Act, may be credited to the same or subse6 quent appropriation account which provided the funding.

7 Such amounts shall remain available until expended.

8 Reimbursements for training, technical assistance, or

9 services provided by the Indian Health Service will contain

10 total costs, including direct, administrative, and overhead

11 associated with the provision of goods, services, or tech12 nical assistance.

13 The appropriation structure for the Indian Health

14 Service may not be altered without advance notification

15 to the House and Senate Committees on Appropriations.

16 NATIONAL INSTITUTES OF HEALTH

17 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

18 SCIENCES

19 For necessary expenses for the National Institute of

20 Environmental Health Sciences in carrying out activities

21 set forth in section 311(a) of the Comprehensive Environ22 mental Response, Compensation, and Liability Act of

23 1980, as amended, and section 126(g) of the Superfund

24 Amendments and Reauthorization Act of 1986,

25 $80,289,000.
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•HR 2361 EH

1 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

2 REGISTRY

3 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

4 HEALTH

5 For necessary expenses for the Agency for Toxic Sub6 stances and Disease Registry (ATSDR) in carrying out

7 activities set forth in sections 104(i), 111(c)(4), and

8 111(c)(14) of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980

10 (CERCLA), as amended; section 118(f) of the Superfund

11 Amendments and Reauthorization Act of 1986 (SARA),

12 as amended; and section 3019 of the Solid Waste Disposal

13 Act, as amended, $76,024,000, of which up to $1,500,000,

14 to remain available until expended, is for Individual

15 Learning Accounts for full-time equivalent employees of

16 the Agency for Toxic Substances and Disease Registry:

17 Provided, That notwithstanding any other provision of

18 law, in lieu of performing a health assessment under sec19 tion 104(i)(6) of CERCLA, the Administrator of ATSDR

20 may conduct other appropriate health studies, evaluations,

21 or activities, including, without limitation, biomedical test22 ing, clinical evaluations, medical monitoring, and referral

23 to accredited health care providers: Provided further, That

24 in performing any such health assessment or health study,

25 evaluation, or activity, the Administrator of ATSDR shall
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•HR 2361 EH

1 not be bound by the deadlines in section 104(i)(6)(A) of

2 CERCLA: Provided further, That none of the funds appro3 priated under this heading shall be available for ATSDR

4 to issue in excess of 40 toxicological profiles pursuant to

5 section 104(i) of CERCLA during fiscal year 2006, and

6 existing profiles may be updated as necessary.

7 OTHER RELATED AGENCIES

8 EXECUTIVE OFFICE OF THE PRESIDENT

9 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

10 ENVIRONMENTAL QUALITY

11 For necessary expenses to continue functions as12 signed to the Council on Environmental Quality and Office

13 of Environmental Quality pursuant to the National Envi14 ronmental Policy Act of 1969, the Environmental Quality

15 Improvement Act of 1970, and Reorganization Plan No.

16 1 of 1977, and not to exceed $750 for official reception

17 and representation expenses, $2,717,000: Provided, That

18 notwithstanding section 202 of the National Environ19 mental Policy Act of 1970, the Council shall consist of

20 one member, appointed by the President, by and with the

21 advice and consent of the Senate, serving as chairman and

22 exercising all powers, functions, and duties of the Council.
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•HR 2361 EH

1 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses in carrying out activities pur4 suant to section 112(r)(6) of the Clean Air Act, as amend5 ed, including hire of passenger vehicles, uniforms or allow6 ances therefor, as authorized by 5 U.S.C. 5901–5902, and

7 for services authorized by 5 U.S.C. 3109 but at rates for

8 individuals not to exceed the per diem equivalent to the

9 maximum rate payable for senior level positions under 5

10 U.S.C. 5376, $9,200,000: Provided, That the Chemical

11 Safety and Hazard Investigation Board (Board) shall have

12 not more than three career Senior Executive Service posi13 tions: Provided further, That notwithstanding any other

14 provision of law, the individual appointed to the position

15 of Inspector General of the Environmental Protection

16 Agency (EPA) shall, by virtue of such appointment, also

17 hold the position of Inspector General of the Board: Pro18 vided further, That notwithstanding any other provision of

19 law, the Inspector General of the Board shall utilize per20 sonnel of the Office of Inspector General of EPA in per21 forming the duties of the Inspector General of the Board,

22 and shall not appoint any individuals to positions within

23 the Board.
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•HR 2361 EH

1 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Navajo and

4 Hopi Indian Relocation as authorized by Public Law 93–

5 531, $8,601,000, to remain available until expended: Pro6 vided, That funds provided in this or any other appropria7 tions Act are to be used to relocate eligible individuals and

8 groups including evictees from District 6, Hopi-partitioned

9 lands residents, those in significantly substandard hous10 ing, and all others certified as eligible and not included

11 in the preceding categories: Provided further, That none

12 of the funds contained in this or any other Act may be

13 used by the Office of Navajo and Hopi Indian Relocation

14 to evict any single Navajo or Navajo family who, as of

15 November 30, 1985, was physically domiciled on the lands

16 partitioned to the Hopi Tribe unless a new or replacement

17 home is provided for such household: Provided further,

18 That no relocatee will be provided with more than one new

19 or replacement home: Provided further, That the Office

20 shall relocate any certified eligible relocatees who have se21 lected and received an approved homesite on the Navajo

22 reservation or selected a replacement residence off the

23 Navajo reservation or on the land acquired pursuant to

24 25 U.S.C. 640d–10.
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1 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

2 CULTURE AND ARTS DEVELOPMENT

3 PAYMENT TO THE INSTITUTE

4 For payment to the Institute of American Indian and

5 Alaska Native Culture and Arts Development, as author6 ized by title XV of Public Law 99–498, as amended (20

7 U.S.C. 56 part A), $6,300,000.

8 SMITHSONIAN INSTITUTION

9 SALARIES AND EXPENSES

10 For necessary expenses of the Smithsonian Institu11 tion, as authorized by law, including research in the fields

12 of art, science, and history; development, preservation, and

13 documentation of the National Collections; presentation of

14 public exhibits and performances; collection, preparation,

15 dissemination, and exchange of information and publica16 tions; conduct of education, training, and museum assist17 ance programs; maintenance, alteration, operation, lease

18 (for terms not to exceed 30 years), and protection of build19 ings, facilities, and approaches; not to exceed $100,000

20 for services as authorized by 5 U.S.C. 3109; up to five

21 replacement passenger vehicles; purchase, rental, repair,

22 and cleaning of uniforms for employees, $524,381,000, of

23 which not to exceed $10,992,000 for the instrumentation

24 program, collections acquisition, exhibition reinstallation,

25 the National Museum of African American History and
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•HR 2361 EH

1 Culture, and the repatriation of skeletal remains program

2 shall remain available until expended; and of which

3 $9,086,000 for the reopening of the Patent Office Build4 ing and for fellowships and scholarly awards shall remain

5 available until September 30, 2007; and including such

6 funds as may be necessary to support American overseas

7 research centers and a total of $125,000 for the Council

8 of American Overseas Research Centers: Provided, That

9 funds appropriated herein are available for advance pay10 ments to independent contractors performing research

11 services or participating in official Smithsonian presen12 tations: Provided further, That the Smithsonian Institu13 tion may expend Federal appropriations designated in this

14 Act for lease or rent payments for long term and swing

15 space, as rent payable to the Smithsonian Institution, and

16 such rent payments may be deposited into the general

17 trust funds of the Institution to the extent that federally

18 supported activities are housed in the 900 H Street, N.W.

19 building in the District of Columbia: Provided further,

20 That this use of Federal appropriations shall not be con21 strued as debt service, a Federal guarantee of, a transfer

22 of risk to, or an obligation of, the Federal Government:

23 Provided further, That no appropriated funds may be used

24 to service debt which is incurred to finance the costs of
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•HR 2361 EH

1 acquiring the 900 H Street building or of planning, de2 signing, and constructing improvements to such building.

3 FACILITIES CAPITAL

4 For necessary expenses of repair, revitalization, and

5 alteration of facilities owned or occupied by the Smithso6 nian Institution, by contract or otherwise, as authorized

7 by section 2 of the Act of August 22, 1949 (63 Stat. 623),

8 and for construction, including necessary personnel,

9 $90,900,000, to remain available until expended, of which

10 not to exceed $10,000 is for services as authorized by 5

11 U.S.C. 3109: Provided, That contracts awarded for envi12 ronmental systems, protection systems, and repair or res13 toration of facilities of the Smithsonian Institution may

14 be negotiated with selected contractors and awarded on

15 the basis of contractor qualifications as well as price.

16 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

17 INSTITUTION

18 None of the funds in this or any other Act may be

19 used to make any changes to the existing Smithsonian

20 science programs including closure of facilities, relocation

21 of staff or redirection of functions and programs without

22 the advance approval of the House and Senate Committees

23 on Appropriations.

24 None of the funds in this or any other Act may be

25 used to initiate the design for any proposed expansion of
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•HR 2361 EH

1 current space or new facility without consultation with the

2 House and Senate Appropriations Committees.

3 None of the funds in this or any other Act may be

4 used for the Holt House located at the National Zoological

5 Park in Washington, D.C., unless identified as repairs to

6 minimize water damage, monitor structure movement, or

7 provide interim structural support.

8 None of the funds available to the Smithsonian may

9 be reprogrammed without the advance written approval of

10 the House and Senate Committees on Appropriations in

11 accordance with the reprogramming procedures contained

12 in the statement of the managers accompanying this Act.

13 None of the funds in this or any other Act may be

14 used to purchase any additional buildings without prior

15 consultation with the House and Senate Committees on

16 Appropriations.

17 NATIONAL GALLERY OF ART

18 SALARIES AND EXPENSES

19 For the upkeep and operations of the National Gal20 lery of Art, the protection and care of the works of art

21 therein, and administrative expenses incident thereto, as

22 authorized by the Act of March 24, 1937 (50 Stat. 51),

23 as amended by the public resolution of April 13, 1939

24 (Public Resolution 9, Seventy-sixth Congress), including

25 services as authorized by 5 U.S.C. 3109; payment in ad-
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•HR 2361 EH

1 vance when authorized by the treasurer of the Gallery for

2 membership in library, museum, and art associations or

3 societies whose publications or services are available to

4 members only, or to members at a price lower than to the

5 general public; purchase, repair, and cleaning of uniforms

6 for guards, and uniforms, or allowances therefor, for other

7 employees as authorized by law (5 U.S.C. 5901–5902);

8 purchase or rental of devices and services for protecting

9 buildings and contents thereof, and maintenance, alter10 ation, improvement, and repair of buildings, approaches,

11 and grounds; and purchase of services for restoration and

12 repair of works of art for the National Gallery of Art by

13 contracts made, without advertising, with individuals,

14 firms, or organizations at such rates or prices and under

15 such terms and conditions as the Gallery may deem prop16 er, $97,100,000, of which not to exceed $3,157,000 for

17 the special exhibition program shall remain available until

18 expended.

19 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

20 For necessary expenses of repair, restoration and

21 renovation of buildings, grounds and facilities owned or

22 occupied by the National Gallery of Art, by contract or

23 otherwise, as authorized, $16,200,000, to remain available

24 until expended: Provided, That contracts awarded for envi25 ronmental systems, protection systems, and exterior repair

26 or renovation of buildings of the National Gallery of Art
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•HR 2361 EH

1 may be negotiated with selected contractors and awarded

2 on the basis of contractor qualifications as well as price:

3 Provided further, That, notwithstanding any other provi4 sion of law, a single procurement for the Master Facilities

5 Plan renovation project at the National Gallery of Art may

6 be issued which includes the full scope of the Work Area

7 #3 project: Provided further, That the solicitation and the

8 contract shall contain the clause ‘‘availability of funds’’

9 found at 48 CFR 52.232.18.

10 JOHN F. KENNEDY CENTER FOR THE PERFORMING

11 ARTS

12 OPERATIONS AND MAINTENANCE

13 For necessary expenses for the operation, mainte14 nance and security of the John F. Kennedy Center for

15 the Performing Arts, $17,800,000.

16 CONSTRUCTION

17 For necessary expenses for capital repair and restora18 tion of the existing features of the building and site of

19 the John F. Kennedy Center for the Performing Arts,

20 $10,000,000, to remain available until expended.

21 WOODROW WILSON INTERNATIONAL CENTER FOR

22 SCHOLARS

23 SALARIES AND EXPENSES

24 For expenses necessary in carrying out the provisions

25 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
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•HR 2361 EH

1 1356) including hire of passenger vehicles and services as

2 authorized by 5 U.S.C. 3109, $9,085,000.

3 NATIONAL FOUNDATION ON THE ARTS AND THE

4 HUMANITIES

5 NATIONAL ENDOWMENT FOR THE ARTS

6 GRANTS AND ADMINISTRATION

7 For necessary expenses to carry out the National

8 Foundation on the Arts and the Humanities Act of 1965,

9 as amended, $121,264,000 (increased by $10,000,000)

10 shall be available to the National Endowment for the Arts

11 for the support of projects and productions in the arts

12 through assistance to organizations and individuals pursu13 ant to sections 5(c) and 5(g) of the Act, including

14 $14,922,000 (increased by $10,000,000) for support of

15 arts education and public outreach activities through the

16 Challenge America program, for program support, and for

17 administering the functions of the Act, to remain available

18 until expended: Provided, That funds previously appro19 priated to the National Endowment for the Arts ‘‘Match20 ing Grants’’ account and ‘‘Challenge America’’ account

21 may be transferred to and merged with this account.

22 NATIONAL ENDOWMENT FOR THE HUMANITIES

23 GRANTS AND ADMINISTRATION

24 For necessary expenses to carry out the National

25 Foundation on the Arts and the Humanities Act of 1965,
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•HR 2361 EH

1 as amended, $122,605,000 (increased by $5,000,000),

2 shall be available to the National Endowment for the Hu3 manities for support of activities in the humanities, pursu4 ant to section 7(c) of the Act, and for administering the

5 functions of the Act, to remain available until expended.

6 MATCHING GRANTS

7 To carry out the provisions of section 10(a)(2) of the

8 National Foundation on the Arts and the Humanities Act

9 of 1965, as amended, $15,449,000, to remain available

10 until expended, of which $10,000,000 shall be available

11 to the National Endowment for the Humanities for the

12 purposes of section 7(h): Provided, That this appropria13 tion shall be available for obligation only in such amounts

14 as may be equal to the total amounts of gifts, bequests,

15 and devises of money, and other property accepted by the

16 chairman or by grantees of the Endowment under the pro17 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during

18 the current and preceding fiscal years for which equal

19 amounts have not previously been appropriated.

20 ADMINISTRATIVE PROVISIONS

21 None of the funds appropriated to the National

22 Foundation on the Arts and the Humanities may be used

23 to process any grant or contract documents which do not

24 include the text of 18 U.S.C. 1913: Provided, That none

25 of the funds appropriated to the National Foundation on

26 the Arts and the Humanities may be used for official re-
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•HR 2361 EH

1 ception and representation expenses: Provided further,

2 That funds from nonappropriated sources may be used as

3 necessary for official reception and representation ex4 penses: Provided further, That the Chairperson of the Na5 tional Endowment for the Arts may approve grants up to

6 $10,000, if in the aggregate this amount does not exceed

7 5 percent of the sums appropriated for grant-making pur8 poses per year: Provided further, That such small grant

9 actions are taken pursuant to the terms of an expressed

10 and direct delegation of authority from the National Coun11 cil on the Arts to the Chairperson.

12 COMMISSION OF FINE ARTS

13 SALARIES AND EXPENSES

14 For expenses made necessary by the Act establishing

15 a Commission of Fine Arts (40 U.S.C. 104), $1,893,000:

16 Provided, That the Commission is authorized to charge

17 fees to cover the full costs of its publications, and such

18 fees shall be credited to this account as an offsetting col19 lection, to remain available until expended without further

20 appropriation.

21 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

22 For necessary expenses as authorized by Public Law

23 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000: Pro24 vided, That no one organization shall receive a grant in

25 excess of $400,000 in a single year.
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1 ADVISORY COUNCIL ON HISTORIC PRESERVATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Advisory Council on

4 Historic Preservation (Public Law 89–665, as amended),

5 $4,860,000: Provided, That none of these funds shall be

6 available for compensation of level V of the Executive

7 Schedule or higher positions.

8 NATIONAL CAPITAL PLANNING COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses, as authorized by the Na11 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

12 including services as authorized by 5 U.S.C. 3109,

13 $8,177,000: Provided, That one-quarter of 1 percent of

14 the funds provided under this heading may be used for

15 official reception and representational expenses to host

16 international visitors engaged in the planning and physical

17 development of world capitals.

18 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

19 HOLOCAUST MEMORIAL MUSEUM

20 For expenses of the Holocaust Memorial Museum, as

21 authorized by Public Law 106–292 (36 U.S.C. 2301–

22 2310), $41,880,000, of which $1,874,000 for the muse23 um’s repair and rehabilitation program and $1,246,000

24 for the museum’s exhibitions program shall remain avail25 able until expended.
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•HR 2361 EH

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 $20,000,000 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 For necessary expenses of the White House Commis10 sion on the National Moment of Remembrance, $250,000.

11 TITLE IV—GENERAL PROVISIONS

12 SEC. 401. The expenditure of any appropriation

13 under this Act for any consulting service through procure14 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

15 to those contracts where such expenditures are a matter

16 of public record and available for public inspection, except

17 where otherwise provided under existing law, or under ex18 isting Executive Order issued pursuant to existing law.

19 SEC. 402. No part of any appropriation contained in

20 this Act shall be available for any activity or the publica21 tion or distribution of literature that in any way tends to

22 promote public support or opposition to any legislative

23 proposal on which Congressional action is not complete.
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1 SEC. 403. No part of any appropriation contained in

2 this Act shall remain available for obligation beyond the

3 current fiscal year unless expressly so provided herein.

4 SEC. 404. None of the funds provided in this Act to

5 any department or agency shall be obligated or expended

6 to provide a personal cook, chauffeur, or other personal

7 servants to any officer or employee of such department

8 or agency except as otherwise provided by law.

9 SEC. 405. No assessments may be levied against any

10 program, budget activity, subactivity, or project funded by

11 this Act unless notice of such assessments and the basis

12 therefor are presented to the Committees on Appropria13 tions and are approved by such committees.

14 SEC. 406. None of the funds in this Act may be used

15 to plan, prepare, or offer for sale timber from trees classi16 fied as giant sequoia (Sequoiadendron giganteum) which

17 are located on National Forest System or Bureau of Land

18 Management lands in a manner different than such sales

19 were conducted in fiscal year 2004.

20 SEC. 407. (a) LIMITATION OF FUNDS.—None of the

21 funds appropriated or otherwise made available pursuant

22 to this Act shall be obligated or expended to accept or

23 process applications for a patent for any mining or mill

24 site claim located under the general mining laws.
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1 (b) EXCEPTIONS.—The provisions of subsection (a)

2 shall not apply if the Secretary of the Interior determines

3 that, for the claim concerned: (1) a patent application was

4 filed with the Secretary on or before September 30, 1994;

5 and (2) all requirements established under sections 2325

6 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)

7 for vein or lode claims and sections 2329, 2330, 2331,

8 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and

9 37) for placer claims, and section 2337 of the Revised

10 Statutes (30 U.S.C. 42) for mill site claims, as the case

11 may be, were fully complied with by the applicant by that

12 date.

13 (c) REPORT.—On September 30, 2006, the Secretary

14 of the Interior shall file with the House and Senate Com15 mittees on Appropriations and the Committee on Re16 sources of the House of Representatives and the Com17 mittee on Energy and Natural Resources of the Senate

18 a report on actions taken by the Department under the

19 plan submitted pursuant to section 314(c) of the Depart20 ment of the Interior and Related Agencies Appropriations

21 Act, 1997 (Public Law 104–208).

22 (d) MINERAL EXAMINATIONS.—In order to process

23 patent applications in a timely and responsible manner,

24 upon the request of a patent applicant, the Secretary of

25 the Interior shall allow the applicant to fund a qualified
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•HR 2361 EH

1 third-party contractor to be selected by the Bureau of

2 Land Management to conduct a mineral examination of

3 the mining claims or mill sites contained in a patent appli4 cation as set forth in subsection (b). The Bureau of Land

5 Management shall have the sole responsibility to choose

6 and pay the third-party contractor in accordance with the

7 standard procedures employed by the Bureau of Land

8 Management in the retention of third-party contractors.

9 SEC. 408. Notwithstanding any other provision of

10 law, amounts appropriated to or earmarked in committee

11 reports for the Bureau of Indian Affairs and the Indian

12 Health Service by Public Laws 103–138, 103–332, 104–

13 134, 104–208, 105–83, 105–277, 106–113, 106–291,

14 107–63, 108–7, 108–108, and 108–447 for payments to

15 tribes and tribal organizations for contract support costs

16 associated with self-determination or self-governance con17 tracts, grants, compacts, or annual funding agreements

18 with the Bureau of Indian Affairs or the Indian Health

19 Service as funded by such Acts, are the total amounts

20 available for fiscal years 1994 through 2005 for such pur21 poses, except that, for the Bureau of Indian Affairs, tribes

22 and tribal organizations may use their tribal priority allo23 cations for unmet contract support costs of ongoing con24 tracts, grants, self-governance compacts or annual funding

25 agreements.
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1 SEC. 409. Of the funds provided to the National En2 dowment for the Arts:

3 (1) The Chairperson shall only award a grant

4 to an individual if such grant is awarded to such in5 dividual for a literature fellowship, National Herit6 age Fellowship, or American Jazz Masters Fellow7 ship.

8 (2) The Chairperson shall establish procedures

9 to ensure that no funding provided through a grant,

10 except a grant made to a State or local arts agency,

11 or regional group, may be used to make a grant to

12 any other organization or individual to conduct ac13 tivity independent of the direct grant recipient.

14 Nothing in this subsection shall prohibit payments

15 made in exchange for goods and services.

16 (3) No grant shall be used for seasonal support

17 to a group, unless the application is specific to the

18 contents of the season, including identified programs

19 and/or projects.

20 SEC. 410. The National Endowment for the Arts and

21 the National Endowment for the Humanities are author22 ized to solicit, accept, receive, and invest in the name of

23 the United States, gifts, bequests, or devises of money and

24 other property or services and to use such in furtherance

25 of the functions of the National Endowment for the Arts
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•HR 2361 EH

1 and the National Endowment for the Humanities. Any

2 proceeds from such gifts, bequests, or devises, after ac3 ceptance by the National Endowment for the Arts or the

4 National Endowment for the Humanities, shall be paid by

5 the donor or the representative of the donor to the Chair6 man. The Chairman shall enter the proceeds in a special

7 interest-bearing account to the credit of the appropriate

8 endowment for the purposes specified in each case.

9 SEC. 411. (a) In providing services or awarding fi10 nancial assistance under the National Foundation on the

11 Arts and the Humanities Act of 1965 from funds appro12 priated under this Act, the Chairperson of the National

13 Endowment for the Arts shall ensure that priority is given

14 to providing services or awarding financial assistance for

15 projects, productions, workshops, or programs that serve

16 underserved populations.

17 (b) In this section:

18 (1) The term ‘‘underserved population’’ means

19 a population of individuals, including urban minori20 ties, who have historically been outside the purview

21 of arts and humanities programs due to factors such

22 as a high incidence of income below the poverty line

23 or to geographic isolation.

24 (2) The term ‘‘poverty line’’ means the poverty

25 line (as defined by the Office of Management and
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•HR 2361 EH

1 Budget, and revised annually in accordance with sec2 tion 673(2) of the Community Services Block Grant

3 Act (42 U.S.C. 9902(2)) applicable to a family of

4 the size involved.

5 (c) In providing services and awarding financial as6 sistance under the National Foundation on the Arts and

7 Humanities Act of 1965 with funds appropriated by this

8 Act, the Chairperson of the National Endowment for the

9 Arts shall ensure that priority is given to providing serv10 ices or awarding financial assistance for projects, produc11 tions, workshops, or programs that will encourage public

12 knowledge, education, understanding, and appreciation of

13 the arts.

14 (d) With funds appropriated by this Act to carry out

15 section 5 of the National Foundation on the Arts and Hu16 manities Act of 1965—

17 (1) the Chairperson shall establish a grant cat18 egory for projects, productions, workshops, or pro19 grams that are of national impact or availability or

20 are able to tour several States;

21 (2) the Chairperson shall not make grants ex22 ceeding 15 percent, in the aggregate, of such funds

23 to any single State, excluding grants made under the

24 authority of paragraph (1);
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1 (3) the Chairperson shall report to the Con2 gress annually and by State, on grants awarded by

3 the Chairperson in each grant category under sec4 tion 5 of such Act; and

5 (4) the Chairperson shall encourage the use of

6 grants to improve and support community-based

7 music performance and education.

8 SEC. 412. No part of any appropriation contained in

9 this Act shall be expended or obligated to complete and

10 issue the 5-year program under the Forest and Rangeland

11 Renewable Resources Planning Act.

12 SEC. 413. Amounts deposited during fiscal year 2005

13 in the roads and trails fund provided for in the 14th para14 graph under the heading ‘‘FOREST SERVICE’’ of the

15 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall

16 be used by the Secretary of Agriculture, without regard

17 to the State in which the amounts were derived, to repair

18 or reconstruct roads, bridges, and trails on National For19 est System lands or to carry out and administer projects

20 to improve forest health conditions, which may include the

21 repair or reconstruction of roads, bridges, and trails on

22 National Forest System lands in the wildland-community

23 interface where there is an abnormally high risk of fire.

24 The projects shall emphasize reducing risks to human

25 safety and public health and property and enhancing eco-
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1 logical functions, long-term forest productivity, and bio2 logical integrity. The projects may be completed in a sub3 sequent fiscal year. Funds shall not be expended under

4 this section to replace funds which would otherwise appro5 priately be expended from the timber salvage sale fund.

6 Nothing in this section shall be construed to exempt any

7 project from any environmental law.

8 SEC. 414. Other than in emergency situations, none

9 of the funds in this Act may be used to operate telephone

10 answering machines during core business hours unless

11 such answering machines include an option that enables

12 callers to reach promptly an individual on-duty with the

13 agency being contacted.

14 SEC. 415. Prior to October 1, 2006, the Secretary

15 of Agriculture shall not be considered to be in violation

16 of subparagraph 6(f)(5)(A) of the Forest and Rangeland

17 Renewable Resources Planning Act of 1974 (16 U.S.C.

18 1604(f)(5)(A)) solely because more than 15 years have

19 passed without revision of the plan for a unit of the Na20 tional Forest System. Nothing in this section exempts the

21 Secretary from any other requirement of the Forest and

22 Rangeland Renewable Resources Planning Act (16 U.S.C.

23 1600 et seq.) or any other law: Provided, That if the Sec24 retary is not acting expeditiously and in good faith, within

25 the funding available, to revise a plan for a unit of the
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1 National Forest System, this section shall be void with re2 spect to such plan and a court of proper jurisdiction may

3 order completion of the plan on an accelerated basis.

4 SEC. 416. No funds provided in this Act may be ex5 pended to conduct preleasing, leasing and related activities

6 under either the Mineral Leasing Act (30 U.S.C. 181 et

7 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C.

8 1331 et seq.) within the boundaries of a National Monu9 ment established pursuant to the Act of June 8, 1906 (16

10 U.S.C. 431 et seq.) as such boundary existed on January

11 20, 2001, except where such activities are allowed under

12 the Presidential proclamation establishing such monu13 ment.

14 SEC. 417. EXTENSION OF FOREST SERVICE CONVEY15 ANCES PILOT PROGRAM.—Section 329 of the Department

16 of the Interior and Related Agencies Appropriations Act,

17 2002 (16 U.S.C. 580d note; Public Law 107–63) is

18 amended—

19 (1) in subsection (b), by striking ‘‘40’’ and in20 serting ‘‘60’’;

21 (2) in subsection (c) by striking ‘‘13’’ and in22 serting ‘‘25’’; and

23 (3) in subsection (d), by striking ‘‘2008’’ and

24 inserting ‘‘2009’’.
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1 SEC. 418. In entering into agreements with foreign

2 countries pursuant to the Wildfire Suppression Assistance

3 Act (42 U.S.C. 1856m) the Secretary of Agriculture and

4 the Secretary of the Interior are authorized to enter into

5 reciprocal agreements in which the individuals furnished

6 under said agreements to provide wildfire services are con7 sidered, for purposes of tort liability, employees of the

8 country receiving said services when the individuals are

9 engaged in fire suppression: Provided, That the Secretary

10 of Agriculture or the Secretary of the Interior shall not

11 enter into any agreement under this provision unless the

12 foreign country (either directly or through its fire organi13 zation) agrees to assume any and all liability for the acts

14 or omissions of American firefighters engaged in fire15 fighting in a foreign country: Provided further, That when

16 an agreement is reached for furnishing fire fighting serv17 ices, the only remedies for acts or omissions committed

18 while fighting fires shall be those provided under the laws

19 of the host country, and those remedies shall be the exclu20 sive remedies for any claim arising out of fighting fires

21 in a foreign country: Provided further, That neither the

22 sending country nor any legal organization associated with

23 the firefighter shall be subject to any legal action whatso24 ever pertaining to or arising out of the firefighter’s role

25 in fire suppression.
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1 SEC. 419. None of the funds made available in this

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government except

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriations Act.

6 SEC. 420. In awarding a Federal contract with funds

7 made available by this Act, the Secretary of Agriculture

8 and the Secretary of the Interior (the ‘‘Secretaries’’) may,

9 in evaluating bids and proposals, give consideration to

10 local contractors who are from, and who provide employ11 ment and training for, dislocated and displaced workers

12 in an economically disadvantaged rural community, in13 cluding those historically timber-dependent areas that

14 have been affected by reduced timber harvesting on Fed15 eral lands and other forest-dependent rural communities

16 isolated from significant alternative employment opportu17 nities: Provided, That the Secretaries may award con18 tracts, grants or cooperative agreements to local non-prof19 it entities, Youth Conservation Corps or related partner20 ships with State, local or non-profit youth groups, or small

21 or disadvantaged business or micro-business: Provided fur22 ther, That the contract, grant, or cooperative agreement

23 is for forest hazardous fuels reduction, watershed or water

24 quality monitoring or restoration, wildlife or fish popu25 lation monitoring, or habitat restoration or management:
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1 Provided further, That the terms ‘‘rural community’’ and

2 ‘‘economically disadvantaged’’ shall have the same mean3 ings as in section 2374 of Public Law 101–624: Provided

4 further, That the Secretaries shall develop guidance to im5 plement this section: Provided further, That nothing in

6 this section shall be construed as relieving the Secretaries

7 of any duty under applicable procurement laws, except as

8 provided in this section.

9 SEC. 421. No funds appropriated in this Act for the

10 acquisition of lands or interests in lands may be expended

11 for the filing of declarations of taking or complaints in

12 condemnation without the approval of the House and Sen13 ate Committees on Appropriations: Provided, That this

14 provision shall not apply to funds appropriated to imple15 ment the Everglades National Park Protection and Ex16 pansion Act of 1989, or to funds appropriated for Federal

17 assistance to the State of Florida to acquire lands for Ev18 erglades restoration purposes.

19 SEC. 422. (a) LIMITATION ON COMPETITIVE

20 SOURCING STUDIES.—

21 (1) Of the funds made available by this or any

22 other Act to the Department of the Interior for fis23 cal year 2006, not more than $3,450,000 may be

24 used by the Secretary of the Interior to initiate or

25 continue competitive sourcing studies in fiscal year
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1 2006 for programs, projects, and activities for which

2 funds are appropriated by this Act and such funds

3 shall not be available until the Secretary submits a

4 reprogramming proposal to the Committees on Ap5 propriations of the Senate and the House of Rep6 resentatives, and such proposal has been processed

7 consistent with the reprogramming guidelines in

8 House Report 108–330.

9 (2) Of the funds appropriated by this Act, not

10 more than $2,500,000 may be used in fiscal year

11 2006 for competitive sourcing studies and related

12 activities by the Forest Service.

13 (b) COMPETITIVE SOURCING STUDY DEFINED.—In

14 this section, the term ‘‘competitive sourcing study’’ means

15 a study on subjecting work performed by Federal Govern16 ment employees or private contractors to public-private

17 competition or on converting the Federal Government em18 ployees or the work performed by such employees to pri19 vate contractor performance under the Office of Manage20 ment and Budget Circular A–76 or any other administra21 tive regulation, directive, or policy.

22 (c) COMPETITIVE SOURCING EXEMPTION FOR FOR23 EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL

24 YEAR 2006.—The Forest Service is hereby exempted from

25 implementing the Letter of Obligation and post-competi-
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1 tion accountability guidelines where a competitive sourcing

2 study involved 65 or fewer full-time equivalents, the per3 formance decision was made in favor of the agency pro4 vider; no net savings was achieved by conducting the

5 study, and the study was completed prior to the date of

6 this Act.

7 SEC. 423. Estimated overhead charges, deductions,

8 reserves or holdbacks from programs, projects and activi9 ties to support governmentwide, departmental, agency or

10 bureau administrative functions or headquarters, regional

11 or central office operations shall be presented in annual

12 budget justifications. Changes to such estimates shall be

13 presented to the Committees on Appropriations for ap14 proval.

15 SEC. 424. None of the funds in this Act or prior Acts

16 making appropriations for the Department of the Interior

17 and Related Agencies may be provided to the managing

18 partners or their agents for the SAFECOM or Disaster

19 Management projects.

20 SEC. 425. (a) IN GENERAL.—An entity that enters

21 into a contract with the United States to operate the Na22 tional Recreation Reservation Service (as solicited by the

23 solicitation numbered WO–04–06vm) shall not carry out

24 any duties under the contract using:
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1 (1) a contact center located outside the United

2 States; or

3 (2) a reservation agent who does not live in the

4 United States.

5 (b) NO WAIVER.—The Secretary of Agriculture may

6 not waive the requirements of subsection (a).

7 (c) TELECOMMUTING.—A reservation agent who is

8 carrying out duties under the contract described in sub9 section (a) may not telecommute from a location outside

10 the United States.

11 (d) LIMITATIONS.—Nothing in this Act shall be con12 strued to apply to any employee of the entity who is not

13 a reservation agent carrying out the duties under the con14 tract described in subsection (a) or who provides manage15 rial or support services.

16 SEC. 426. Section 331, of Public Law 106–113, is

17 amended—

18 (1) in part (a) by striking ‘‘2005’’ and inserting

19 ‘‘2009’’; and

20 (2) in part (b) by striking ‘‘2005’’ and inserting

21 ‘‘2009’’.

22 SEC. 427. Section 330 of the Department of the Inte23 rior and Related Agencies Appropriations Act, 2001 (Pub24 lic Law 106–291; 114 Stat. 996; 43 U.S.C. 1701 note),

25 is amended—
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1 (1) in the first sentence, by striking ‘‘2005’’

2 and inserting ‘‘2008’’;

3 (2) in the third sentence, by inserting ‘‘, Na4 tional Park Service, Fish and Wildlife Service,’’

5 after ‘‘Bureau of Land Management’’; and

6 (3) by adding at the end the following new sen7 tence: ‘‘To facilitate the sharing of resources under

8 the Service First initiative, the Secretaries of the In9 terior and Agriculture may make transfers of funds

10 and reimbursement of funds on an annual basis

11 among the land management agencies referred to in

12 this section, except that this authority may not be

13 used to circumvent requirements and limitations im14 posed on the use of funds.’’.

15 SEC. 428. The Secretary of Agriculture may acquire,

16 by exchange or otherwise, a parcel of real property, includ17 ing improvements thereon, of the Inland Valley Develop18 ment Agency of San Bernardino, California, or its succes19 sors and assigns, generally comprising Building No. 3 and

20 Building No. 4 of the former Defense Finance and Ac21 counting Services complex located at the southwest corner

22 of Tippecanoe Avenue and Mill Street in San Bernardino,

23 California, adjacent to the former Norton Air Force Base.

24 As full consideration for the property to be acquired, the

25 Secretary of Agriculture may terminate the leasehold
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1 rights of the United States received pursuant to section

2 8121(a)(2) of the Department of Defense Appropriations

3 Act, 2005 (Public Law 108–287; 118 Stat. 999). The ac4 quisition of the property shall be on such terms and condi5 tions as the Secretary of Agriculture considers appropriate

6 and may be carried out without appraisals, environmental

7 or administrative surveys, consultations, analyses, or other

8 considerations of the condition of the property.

9 SEC. 429. The Secretary of the Interior shall submit

10 to the House Committee on Appropriations a report detail11 ing the Federal expenditures pursuant to the Southern

12 Nevada Public Lands Management Act (section 4(e)(3) of

13 Public Law 105–263) for fiscal years 2003 and 2004.

14 SEC. 430. None of the funds in this Act may be used

15 to prepare or issue a permit or lease for oil or gas drilling

16 in the Finger Lakes National Forest, New York, during

17 fiscal year 2006.

18 SEC. 431. None of the funds made available in this

19 Act for the Department of the Interior may be used to

20 implement the first proviso under the heading ‘‘UNITED

21 STATES FISH AND WILDLIFE SERVICE-LAND ACQUISI22 TION’’.

23 SEC. 432. None of the funds made available in this

24 Act may be used in contravention of Executive Order No.

25 12898 (Federal Actions to Address Environmental Justice
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1 in Minority Populations and Low-Income Populations) or

2 to delay the implementation of that order.

3 SEC. 433. None of the funds made available in this

4 Act may be used to finalize, issue, implement, or enforce

5 the proposed policy of the Environmental Protection Agen6 cy entitled ‘‘National Pollutant Discharge Elimination

7 System (NPDES) Permit Requirements for Municipal

8 Wastewater Treatment During Wet Weather Conditions’’,

9 dated November 3, 2003 (68 Fed. Reg. 63042).

10 SEC. 434. None of the funds made available in this

11 Act may be used by the Administrator of the Environ12 mental Protection Agency—

13 (1) to accept, consider, or rely on third-party

14 intentional dosing human studies for pesticides; or

15 (2) to conduct intentional dosing human studies

16 for pesticides.

17 SEC. 435. None of the funds made available in this

18 Act may be used to send or otherwise pay for the attend19 ance of more than 50 Federal employees at any single con20 ference occurring outside the United States.

21 SEC. 436. None of the funds made available in this

22 Act for the Department of the Interior may be used to

23 enter into or renew any concession contract except a con24 cession contract that includes a provision that requires

25 that merchandise for sale at units of the National Park
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1 System be made in any State of the United States, the

2 District of Columbia, the Commonwealth of Puerto Rico,

3 Guam, the Virgin Islands, American Samoa, or the Com4 monwealth of the Northern Mariana Islands.

5 SEC. 437. LIMITATION ON USE OF FUNDS FOR SALE OR

6 SLAUGHTER OF FREE-ROAMING HORSES AND

7 BURROS.

8 None of the funds made available by this Act may

9 be used for the sale or slaughter of wild free-roaming

10 horses and burros (as defined in Public Law 92–195).

11 This Act may be cited as the ‘‘Department of the In12 terior, Environment, and Related Agencies Appropriations

13 Act, 2006’’.

Passed the House of Representatives May 19, 2005.

Attest:

Clerk.

109TH CONGRESS

1ST SESSION H. R. 2361

AN ACT

Making appropriations for the Department of the

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