IB 

Union Calendar No. 39 

109TH CONGRESS 

1ST SESSION H. R. 2361 

[Report No. 109–80] 

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

related agencies for the fiscal year ending September 30, 2006, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2005 

Mr. TAYLOR, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

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, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior, environment, and related 
2 

HR 2361 RH 

1 agencies for the fiscal year ending September 30, 2006, 

2 and for other purposes, namely: 

3 TITLE I—DEPARTMENT OF THE INTERIOR 

4 BUREAU OF LAND MANAGEMENT

5 MANAGEMENT OF LANDS AND RESOURCES

6 For necessary expenses for protection, use, improve7 ment, development, disposal, cadastral surveying, classi8 fication, acquisition of easements and other interests in 

9 lands, and performance of other functions, including main10 tenance of facilities, as authorized by law, in the manage11 ment of lands and their resources under the jurisdiction 

12 of the Bureau of Land Management, including the general 

13 administration of the Bureau, and assessment of mineral 

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

15 (16 U.S.C. 3150(a)), $845,783,000, to remain available 

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

17 projects, to be carried out by the Youth Conservation 

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

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

20 by the National Fish and Wildlife Foundation for cost21 shared projects supporting conservation of Bureau lands; 

22 and such funds shall be advanced to the Foundation as 

23 a lump sum grant without regard to when expenses are 

24 incurred. 
3 

HR 2361 RH 

1 In addition, $32,696,000 is for Mining Law Adminis2 tration program operations, including the cost of admin3 istering the mining claim fee program; to remain available 

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

5 Bureau and credited to this appropriation from annual 

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

7 estimated at not more than $845,783,000, and 

8 $2,000,000, to remain available until expended, from com9 munication site rental fees established by the Bureau for 

10 the cost of administering communication site activities. 

11 WILDLAND FIRE MANAGEMENT

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for fire preparedness, sup14 pression operations, fire science and research, emergency 

15 rehabilitation, hazardous fuels reduction, and rural fire as16 sistance by the Department of the Interior, $761,564,000, 

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

18 $7,849,000 shall be for the renovation or construction of 

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

20 for repayment of advances to other appropriation accounts 

21 from which funds were previously transferred for such 

22 purposes: Provided further, That persons hired pursuant 

23 to 43 U.S.C. 1469 may be furnished subsistence and lodg24 ing without cost from funds available from this appropria25 tion: Provided further, That notwithstanding 42 U.S.C. 

26 1856d, sums received by a bureau or office of the Depart-
4 

HR 2361 RH 

1 ment of the Interior for fire protection rendered pursuant 

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

3 property, may be credited to the appropriation from which 

4 funds were expended to provide that protection, and are 

5 available without fiscal year limitation: Provided further, 

6 That using the amounts designated under this title of this 

7 Act, the Secretary of the Interior may enter into procure8 ment contracts, grants, or cooperative agreements, for 

9 hazardous fuels reduction activities, and for training and 

10 monitoring associated with such hazardous fuels reduction 

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

12 land for activities that benefit resources on Federal land: 

13 Provided further, That the costs of implementing any co14 operative agreement between the Federal Government and 

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

16 on by the affected parties: Provided further, That notwith17 standing requirements of the Competition in Contracting 

18 Act, the Secretary, for purposes of hazardous fuels reduc19 tion activities, may obtain maximum practicable competi20 tion among: (1) local private, nonprofit, or cooperative en21 tities; (2) Youth Conservation Corps crews or related part22 nerships with State, local, or non-profit youth groups; (3) 

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

24 hire or train locally a significant percentage, defined as 

25 50 percent or more, of the project workforce to complete 
5 

HR 2361 RH 

1 such contracts: Provided further, That in implementing 

2 this section, the Secretary shall develop written guidance 

3 to field units to ensure accountability and consistent appli4 cation of the authorities provided herein: Provided further, 

5 That funds appropriated under this head may be used to 

6 reimburse the United States Fish and Wildlife Service and 

7 the National Marine Fisheries Service for the costs of car8 rying out their responsibilities under the Endangered Spe9 cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 

10 conference, as required by section 7 of such Act, in con11 nection with wildland fire management activities: Provided 

12 further, That the Secretary of the Interior may use 

13 wildland fire appropriations to enter into non-competitive 

14 sole source leases of real property with local governments, 

15 at or below fair market value, to construct capitalized im16 provements for fire facilities on such leased properties, in17 cluding but not limited to fire guard stations, retardant 

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

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

20 construction activity associated with the lease: Provided 

21 further, That the Secretary of the Interior and the Sec22 retary of Agriculture may authorize the transfer of funds 

23 appropriated for wildland fire management, in an aggre24 gate amount not to exceed $9,000,000, between the De25 partments when such transfers would facilitate and expe-
6 

HR 2361 RH 

1 dite jointly funded wildland fire management programs 

2 and projects: Provided further, That funds provided for 

3 wildfire suppression shall be available for support of Fed4 eral emergency response actions. 

5 CONSTRUCTION

6 For construction of buildings, recreation facilities, 

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

8 remain available until expended. 

9 LANDACQUISITION

10 For expenses necessary to carry out sections 205, 

11 206, and 318(d) of Public Law 94–579, including admin12 istrative expenses and acquisition of lands or waters, or 

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

14 and Water Conservation Fund and to remain available 

15 until expended. 

16 OREGON ANDCALIFORNIA GRANT LANDS

17 For expenses necessary for management, protection, 

18 and development of resources and for construction, oper19 ation, and maintenance of access roads, reforestation, and 

20 other improvements on the revested Oregon and California 

21 Railroad grant lands, on other Federal lands in the Or22 egon and California land-grant counties of Oregon, and 

23 on adjacent rights-of-way; and acquisition of lands or in24 terests therein, including existing connecting roads on or 

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

26 available until expended: Provided, That 25 percent of the 
7 

HR 2361 RH 

1 aggregate of all receipts during the current fiscal year 

2 from the revested Oregon and California Railroad grant 

3 lands is hereby made a charge against the Oregon and 

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

5 General Fund in the Treasury in accordance with the sec6 ond paragraph of subsection (b) of title II of the Act of 

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

8 FOREST ECOSYSTEM HEALTH ANDRECOVERY FUND

9 (REVOLVING FUND, SPECIAL ACCOUNT)

10 In addition to the purposes authorized in Public Law 

11 102–381, funds made available in the Forest Ecosystem 

12 Health and Recovery Fund can be used for the purpose 

13 of planning, preparing, implementing and monitoring sal14 vage timber sales and forest ecosystem health and recovery 

15 activities, such as release from competing vegetation and 

16 density control treatments. The Federal share of receipts 

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

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

19 1181f–1 et seq., and Public Law 106–393) derived from 

20 treatments funded by this account shall be deposited into 

21 the Forest Ecosystem Health and Recovery Fund. 

22 RANGE IMPROVEMENTS

23 For rehabilitation, protection, and acquisition of 

24 lands and interests therein, and improvement of Federal 

25 rangelands pursuant to section 401 of the Federal Land 

26 Policy and Management Act of 1976 (43 U.S.C. 1701), 
8 

HR 2361 RH 

1 notwithstanding any other Act, sums equal to 50 percent 

2 of all moneys received during the prior fiscal year under 

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

4 315 et seq.) and the amount designated for range improve5 ments from grazing fees and mineral leasing receipts from 

6 Bankhead-Jones lands transferred to the Department of 

7 the Interior pursuant to law, but not less than 

8 $10,000,000, to remain available until expended: Pro9 vided, That not to exceed $600,000 shall be available for 

10 administrative expenses. 

11 SERVICE CHARGES, DEPOSITS, ANDFORFEITURES

12 For administrative expenses and other costs related 

13 to processing application documents and other authoriza14 tions for use and disposal of public lands and resources, 

15 for costs of providing copies of official public land docu16 ments, for monitoring construction, operation, and termi17 nation of facilities in conjunction with use authorizations, 

18 and for rehabilitation of damaged property, such amounts 

19 as may be collected under Public Law 94–579, as amend20 ed, and Public Law 93–153, to remain available until ex21 pended: Provided, That, notwithstanding any provision to 

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

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

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

25 forfeiture, compromise, or settlement, if not appropriate 

26 for refund pursuant to section 305(c) of that Act (43 
9 

HR 2361 RH 

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

2 under the authority of this Act by the Secretary to im3 prove, protect, or rehabilitate any public lands adminis4 tered through the Bureau of Land Management which 

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

6 purchaser, permittee, or any unauthorized person, without 

7 regard to whether all moneys collected from each such ac8 tion are used on the exact lands damaged which led to 

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

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

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

12 repair other damaged public lands. 

13 MISCELLANEOUS TRUST FUNDS

14 In addition to amounts authorized to be expended 

15 under existing laws, there is hereby appropriated such 

16 amounts as may be contributed under section 307 of the 

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

18 amounts as may be advanced for administrative costs, sur19 veys, appraisals, and costs of making conveyances of omit20 ted lands under section 211(b) of that Act, to remain 

21 available until expended. 

22 ADMINISTRATIVE PROVISIONS

23 Appropriations for the Bureau of Land Management 

24 shall be available for purchase, erection, and dismantle25 ment of temporary structures, and alteration and mainte26 nance of necessary buildings and appurtenant facilities to 
10 

HR 2361 RH 

1 which the United States has title; up to $100,000 for pay2 ments, at the discretion of the Secretary, for information 

3 or evidence concerning violations of laws administered by 

4 the Bureau; miscellaneous and emergency expenses of en5 forcement activities authorized or approved by the Sec6 retary and to be accounted for solely on her certificate, 

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

8 U.S.C. 501, the Bureau may, under cooperative cost-shar9 ing and partnership arrangements authorized by law, pro10 cure printing services from cooperators in connection with 

11 jointly produced publications for which the cooperators 

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

13 and the Bureau determines the cooperator is capable of 

14 meeting accepted quality standards. 

15 UNITED STATES FISH AND WILDLIFE SERVICE

16 RESOURCE MANAGEMENT

17 For necessary expenses of the United States Fish and 

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

19 and economic studies, maintenance of the herd of long20 horned cattle on the Wichita Mountains Wildlife Refuge, 

21 general administration, and for the performance of other 

22 authorized functions related to such resources by direct 

23 expenditure, contracts, grants, cooperative agreements 

24 and reimbursable agreements with public and private enti25 ties, $1,005,225,000, to remain available until September 
11 

HR 2361 RH 

1 30, 2007, except as otherwise provided herein: Provided, 

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

3 be carried out by the Youth Conservation Corps: Provided 

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

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

6 4 of the Endangered Species Act, as amended, for species 

7 that are indigenous to the United States (except for proc8 essing petitions, developing and issuing proposed and final 

9 regulations, and taking any other steps to implement ac10 tions described in subsection (c)(2)(A), (c)(2)(B)(i), or 

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

12 be used for any activity regarding the designation of crit13 ical habitat, pursuant to subsection (a)(3), excluding liti14 gation support, for species listed pursuant to subsection 

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

16 of the amount available for law enforcement, up to 

17 $400,000, to remain available until expended, may, at the 

18 discretion of the Secretary, be used for payment for infor19 mation, rewards, or evidence concerning violations of laws 

20 administered by the Service, and miscellaneous and emer21 gency expenses of enforcement activity, authorized or ap22 proved by the Secretary and to be accounted for solely on 

23 her certificate: Provided further, That of the amount pro24 vided for environmental contaminants, up to $1,000,000 
12 

HR 2361 RH 

1 may remain available until expended for contaminant sam2 ple analyses. 

3 CONSTRUCTION

4 For construction, improvement, acquisition, or re5 moval of buildings and other facilities required in the con6 servation, management, investigation, protection, and uti7 lization of fishery and wildlife resources, and the acquisi8 tion of lands and interests therein; $41,206,000, to remain 

9 available until expended. 

10 LANDACQUISITION

11 For expenses necessary to carry out the Land and 

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

13 U.S.C. 460l-4 through 11), including administrative ex14 penses, and for acquisition of land or waters, or interest 

15 therein, in accordance with statutory authority applicable 

16 to the United States Fish and Wildlife Service, 

17 $14,937,000 to be derived from the Land and Water Con18 servation Fund and to remain available until expended: 

19 Provided, That land and non-water interests acquired 

20 from willing sellers incidental to water rights acquired for 

21 the transfer and use at Lower Klamath and Tule Lake 

22 National Wildlife Refuges under this heading shall be re23 sold and the revenues therefrom shall be credited to this 

24 account and shall be available without further appropria25 tion for the acquisition of water rights, including acquisi26 tion of interests in lands incidental to such water rights, 
13 

HR 2361 RH 

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

2 funds appropriated for specific land acquisition projects 

3 can be used to pay for any administrative overhead, plan4 ning or other management costs. 

5 LANDOWNER INCENTIVE PROGRAM

6 For expenses necessary to carry out the Land and 

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

8 U.S.C. 460l–4 through 11), including administrative ex9 penses, and for private conservation efforts to be carried 

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

11 Land and Water Conservation Fund, and to remain avail12 able until expended: Provided, That the amount provided 

13 herein is for a Landowner Incentive Program established 

14 by the Secretary that provides matching, competitively 

15 awarded grants to States, the District of Columbia, feder16 ally recognized Indian tribes, Puerto Rico, Guam, the 

17 United States Virgin Islands, the Northern Mariana Is18 lands, and American Samoa, to establish or supplement 

19 existing landowner incentive programs that provide tech20 nical and financial assistance, including habitat protection 

21 and restoration, to private landowners for the protection 

22 and management of habitat to benefit federally listed, pro23 posed, candidate, or other at-risk species on private lands. 

24 PRIVATE STEWARDSHIP GRANTS

25 For expenses necessary to carry out the Land and 

26 Water Conservation Fund Act of 1965, as amended (16 
14 

HR 2361 RH 

1 U.S.C. 460l–4 through 11), including administrative ex2 penses, and for private conservation efforts to be carried 

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

4 Land and Water Conservation Fund, and to remain avail5 able until expended: Provided, That the amount provided 

6 herein is for the Private Stewardship Grants Program es7 tablished by the Secretary to provide grants and other as8 sistance to individuals and groups engaged in private con9 servation efforts that benefit federally listed, proposed, 

10 candidate, or other at-risk species. 

11 COOPERATIVE ENDANGERED SPECIES CONSERVATION

12 FUND

13 For expenses necessary to carry out section 6 of the 

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

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

16 derived from the Cooperative Endangered Species Con17 servation Fund and $64,239,000 is to be derived from the 

18 Land and Water Conservation Fund and to remain avail19 able until expended. 

20 NATIONAL WILDLIFE REFUGE FUND

21 For expenses necessary to implement the Act of Octo22 ber 17, 1978 (16 U.S.C. 715s), $14,414,000. 

23 NORTH AMERICAN WETLANDS CONSERVATION FUND

24 For expenses necessary to carry out the provisions 

25 of the North American Wetlands Conservation Act, Public 
15 

HR 2361 RH 

1 Law 101–233, as amended, $40,000,000 to remain avail2 able until expended. 

3 NEOTROPICAL MIGRATORY BIRDCONSERVATION

4 For financial assistance for projects to promote the 

5 conservation of neotropical migratory birds in accordance 

6 with the Neotropical Migratory Bird Conservation Act, 

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

8 to remain available until expended. 

9 MULTINATIONAL SPECIES CONSERVATION FUND

10 For expenses necessary to carry out the African Ele11 phant Conservation Act (16 U.S.C. 4201–4203, 4211– 

12 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele13 phant Conservation Act of 1997 (Public Law 105–96; 16 

14 U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva15 tion Act of 1994 (16 U.S.C. 5301–5306), the Great Ape 

16 Conservation Act of 2000 (16 U.S.C. 6301), and, the Ma17 rine Turtle Conservation Act of 2004 (Public Law 108– 

18 266; 16 U.S.C. 6601), $5,900,000, to remain available 

19 until expended. 

20 STATE ANDTRIBAL WILDLIFE GRANTS

21 For wildlife conservation grants to States and to the 

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

23 States Virgin Islands, the Northern Mariana Islands, 

24 American Samoa, and federally recognized Indian tribes 

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

26 and the Fish and Wildlife Coordination Act, for the devel-
16 

HR 2361 RH 

1 opment and implementation of programs for the benefit 

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

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

4 Land and Water Conservation Fund, and to remain avail5 able until expended: Provided, That of the amount pro6 vided herein, $6,000,000 is for a competitive grant pro7 gram for Indian tribes not subject to the remaining provi8 sions of this appropriation: Provided further, That the Sec9 retary shall, after deducting said $6,000,000 and adminis10 trative expenses, apportion the amount provided herein in 

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

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

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

14 to Guam, American Samoa, the United States Virgin Is15 lands, and the Commonwealth of the Northern Mariana 

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

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

18 shall apportion the remaining amount in the following 

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

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

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

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

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

24 further, That the amounts apportioned under this para25 graph shall be adjusted equitably so that no State shall 
17 

HR 2361 RH 

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

2 amount available for apportionment under this paragraph 

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

4 Provided further, That the Federal share of planning 

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

6 such projects and the Federal share of implementation 

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

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

9 share of such projects may not be derived from Federal 

10 grant programs: Provided further, That no State, terri11 tory, or other jurisdiction shall receive a grant unless it 

12 has developed, by October 1, 2005, a comprehensive wild13 life conservation plan, consistent with criteria established 

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

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

16 and associated habitats, with appropriate priority placed 

17 on those species with the greatest conservation need and 

18 taking into consideration the relative level of funding 

19 available for the conservation of those species: Provided 

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

21 receive a grant if its comprehensive wildlife conservation 

22 plan is disapproved and such funds that would have been 

23 distributed to such State, territory, or other jurisdiction 

24 shall be distributed equitably to States, territories, and 

25 other jurisdictions with approved plans: Provided further, 
18 

HR 2361 RH 

1 That any amount apportioned in 2006 to any State, terri2 tory, or other jurisdiction that remains unobligated as of 

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

4 funds appropriated in 2008, in the manner provided here5 in: Provided further, That balances from amounts pre6 viously appropriated under the heading ‘‘State Wildlife 

7 Grants’’ shall be transferred to and merged with this ap8 propriation and shall remain available until expended. 

9 ADMINISTRATIVE PROVISIONS

10 Appropriations and funds available to the United 

11 States Fish and Wildlife Service shall be available for pur12 chase of passenger motor vehicles; repair of damage to 

13 public roads within and adjacent to reservation areas 

14 caused by operations of the Service; options for the pur15 chase of land at not to exceed $1 for each option; facilities 

16 incident to such public recreational uses on conservation 

17 areas as are consistent with their primary purpose; and 

18 the maintenance and improvement of aquaria, buildings, 

19 and other facilities under the jurisdiction of the Service 

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

21 used pursuant to law in connection with management, and 

22 investigation of fish and wildlife resources: Provided, That 

23 notwithstanding 44 U.S.C. 501, the Service may, under 

24 cooperative cost sharing and partnership arrangements 

25 authorized by law, procure printing services from coopera26 tors in connection with jointly produced publications for 
19 

HR 2361 RH 

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

2 printing either in cash or services and the Service deter3 mines the cooperator is capable of meeting accepted qual4 ity standards: Provided further, That, notwithstanding any 

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

6 $2,000,000 from funds provided for contracts for employ7 ment-related legal services: Provided further, That the 

8 Service may accept donated aircraft as replacements for 

9 existing aircraft: Provided further, That, notwithstanding 

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

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

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

13 in the establishment of any new unit of the National Wild14 life Refuge System unless the purchase is approved in ad15 vance by the House and Senate Committees on Appropria16 tions in compliance with the reprogramming procedures 

17 contained in House Report 108–330. 

18 NATIONAL PARK SERVICE

19 OPERATION OF THE NATIONAL PARK SYSTEM

20 For expenses necessary for the management, oper21 ation, and maintenance of areas and facilities adminis22 tered by the National Park Service (including special road 

23 maintenance service to trucking permittees on a reimburs24 able basis), and for the general administration of the Na25 tional Park Service, $1,754,199,000, of which 
20 

HR 2361 RH 

1 $30,000,000 is provided above the budget request to be 

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

3 remain in the park base; of which $9,892,000 is for plan4 ning and interagency coordination in support of Ever5 glades restoration and shall remain available until ex6 pended; of which $97,600,000, to remain available until 

7 September 30, 2007, is for maintenance, repair or reha8 bilitation projects for constructed assets, operation of the 

9 National Park Service automated facility management 

10 software system, and comprehensive facility condition as11 sessments; of which $1,937,000 is for the Youth Conserva12 tion Corps for high priority projects: Provided, That the 

13 only funds in this account which may be made available 

14 to support United States Park Police are those funds ap15 proved for emergency law and order incidents pursuant 

16 to established National Park Service procedures, those 

17 funds needed to maintain and repair United States Park 

18 Police administrative facilities, and those funds necessary 

19 to reimburse the United States Park Police account for 

20 the unbudgeted overtime and travel costs associated with 

21 special events for an amount not to exceed $10,000 per 

22 event subject to the review and concurrence of the Wash23 ington headquarters office. 

24 UNITEDSTATES PARK POLICE

25 For expenses necessary to carry out the programs of 

26 the United States Park Police, $82,411,000. 
21 

HR 2361 RH 

1 NATIONAL RECREATION ANDPRESERVATION

2 For expenses necessary to carry out recreation pro3 grams, natural programs, cultural programs, heritage 

4 partnership programs, environmental compliance and re5 view, international park affairs, and grant administration, 

6 not otherwise provided for, $48,997,000: Provided, That 

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

8 Conservation Assistance program may be used for cash 

9 agreements, or for cooperative agreements that are incon10 sistent with the program’s final strategic plan. 

11 HISTORIC PRESERVATION FUND

12 For expenses necessary in carrying out the Historic 

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

14 and the Omnibus Parks and Public Lands Management 

15 Act of 1996 (Public Law 104–333), $72,705,000, to be 

16 derived from the Historic Preservation Fund, to remain 

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

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

19 nationally significant sites, structures, and artifacts: Pro20 vided, That any individual Save America’s Treasures 

21 grant shall be matched by non-Federal funds: Provided 

22 further, That individual projects shall only be eligible for 

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

24 shall be approved by the Secretary of the Interior in con25 sultation with the House and Senate Committees on Ap26 propriations and the President’s Committee on the Arts 
22 

HR 2361 RH 

1 and Humanities prior to the commitment of Save Amer2 ica’s Treasures grant funds: Provided further, That Save 

3 America’s Treasures funds allocated for Federal projects, 

4 following approval, shall be available by transfer to appro5 priate accounts of individual agencies: Provided further, 

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

7 seq. the National Endowment for the Arts may award 

8 Save America’s Treasures grants based upon the rec9 ommendations of the Save America’s Treasures grant se10 lection panel convened by the President’s Committee on 

11 the Arts and the Humanities and the National Park Serv12 ice. 

13 CONSTRUCTION

14 For construction, improvements, repair or replace15 ment of physical facilities, including the modifications au16 thorized by section 104 of the Everglades National Park 

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

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

19 modified water deliveries to Everglades National Park 

20 shall be derived by transfer from unobligated balances in 

21 the ‘‘Land Acquisition and State Assistance’’ account for 

22 Everglades National Park land acquisitions: Provided, 

23 That none of the funds available to the National Park 

24 Service may be used to plan, design, or construct any part25 nership project with a total value in excess of $5,000,000, 

26 without advance approval of the House and Senate Com-
23 

HR 2361 RH 

1 mittees on Appropriations: Provided further, That, not2 withstanding any other provision of law, the National 

3 Park Service may not accept donations or services associ4 ated with the planning, design, or construction of such 

5 new facilities without advance approval of the House and 

6 Senate Committees on Appropriations: Provided further, 

7 That funds provided under this heading for implementa8 tion of modified water deliveries to Everglades National 

9 Park shall be expended consistent with the requirements 

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

11 108: Provided further, That none of the funds provided 

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

13 or construction of any underground security screening or 

14 visitor contact facility at the Washington Monument until 

15 such facility has been approved in writing by the House 

16 and Senate Committees on Appropriations. 

17 LANDANDWATER CONSERVATION FUND

18 (RESCISSION)

19 The contract authority provided for fiscal year 2006 

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

21 LANDACQUISITION ANDSTATE ASSISTANCE

22 For expenses necessary to carry out the Land and 

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

24 460l–4 through 11), including administrative expenses, 

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

26 in accordance with the statutory authority applicable to 
24 

HR 2361 RH 

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

2 the Land and Water Conservation Fund and to remain 

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

4 administration of the State assistance program. 

5 ADMINISTRATIVE PROVISIONS

6 Appropriations for the National Park Service shall be 

7 available for the purchase of not to exceed 245 passenger 

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

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

10 and 8 ambulances: Provided, That none of the funds ap11 propriated to the National Park Service may be used to 

12 process any grant or contract documents which do not in13 clude the text of 18 U.S.C. 1913: Provided further, That 

14 none of the funds appropriated to the National Park Serv15 ice may be used to implement an agreement for the rede16 velopment of the southern end of Ellis Island until such 

17 agreement has been submitted to the Congress and shall 

18 not be implemented prior to the expiration of 30 calendar 

19 days (not including any day in which either House of Con20 gress is not in session because of adjournment of more 

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

22 by the Speaker of the House of Representatives and the 

23 President of the Senate of a full and comprehensive report 

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

25 including the facts and circumstances relied upon in sup26 port of the proposed project: Provided further, That in fis-
25 

HR 2361 RH 

1 cal year 2006 and thereafter, appropriations available to 

2 the National Park Service may be used to maintain the 

3 following areas in Washington, District of Columbia: 

4 Jackson Place, Madison Place, and Pennsylvania Avenue 

5 between 15th and 17th Streets, Northwest. 

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

7 National Park Service for activities taken in direct re8 sponse to the United Nations Biodiversity Convention. 

9 The National Park Service may distribute to oper10 ating units based on the safety record of each unit the 

11 costs of programs designed to improve workplace and em12 ployee safety, and to encourage employees receiving work13 ers’ compensation benefits pursuant to chapter 81 of title 

14 5, United States Code, to return to appropriate positions 

15 for which they are medically able. 

16 If the Secretary of the Interior considers the decision 

17 of any value determination proceeding conducted under a 

18 National Park Service concession contract issued prior to 

19 November 13, 1998, to misinterpret or misapply relevant 

20 contractual requirements or their underlying legal author21 ity, the Secretary may seek, within 180 days of any such 

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

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

24 may make an order affirming, vacating, modifying or cor25 recting the determination. 
26 

HR 2361 RH 

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

2 of Public Law 105–391, franchise fees credited to a sub3 account shall be available for expenditure by the Sec4 retary, without further appropriation, for use at any unit 

5 within the National Park System to extinguish or reduce 

6 liability for Possessory Interest or leasehold surrender in7 terest. Such funds may only be used for this purpose to 

8 the extent that the benefiting unit anticipated franchise 

9 fee receipts over the term of the contract at that unit ex10 ceed the amount of funds used to extinguish or reduce 

11 liability. Franchise fees at the benefiting unit shall be 

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

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

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

15 to extinguish or reduce liability. 

16 UNITED STATES GEOLOGICAL SURVEY

17 SURVEYS, INVESTIGATIONS, ANDRESEARCH

18 For expenses necessary for the United States Geo19 logical Survey to perform surveys, investigations, and re20 search covering topography, geology, hydrology, biology, 

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

22 its territories and possessions, and other areas as author23 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

24 to their mineral and water resources; give engineering su25 pervision to power permittees and Federal Energy Regu-
27 

HR 2361 RH 

1 latory Commission licensees; administer the minerals ex2 ploration program (30 U.S.C. 641); publish and dissemi3 nate data relative to the foregoing activities; and to con4 duct inquiries into the economic conditions affecting min5 ing and materials processing industries (30 U.S.C. 3, 21a, 

6 and 1603; 50 U.S.C. 98g(1)) and related purposes as au7 thorized by law and to publish and disseminate data; 

8 $974,586,000, of which $63,770,000 shall be available 

9 only for cooperation with States or municipalities for 

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

11 remain available until expended for satellite operations; of 

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

13 2007, for the operation and maintenance of facilities and 

14 deferred maintenance; of which $1,600,000 shall be avail15 able until expended for deferred maintenance and capital 

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

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

18 30, 2007, for the biological research activity and the oper19 ation of the Cooperative Research Units: Provided, That 

20 none of the funds provided for the biological research ac21 tivity shall be used to conduct new surveys on private 

22 property, unless specifically authorized in writing by the 

23 property owner: Provided further, That no part of this ap24 propriation shall be used to pay more than one-half the 

25 cost of topographic mapping or water resources data col-
28 

HR 2361 RH 

1 lection and investigations carried on in cooperation with 

2 States and municipalities. 

3 ADMINISTRATIVE PROVISIONS

4 The amount appropriated for the United States Geo5 logical Survey shall be available for the purchase and re6 placement of passenger motor vehicles; reimbursement to 

7 the General Services Administration for security guard 

8 services; contracting for the furnishing of topographic 

9 maps and for the making of geophysical or other special10 ized surveys when it is administratively determined that 

11 such procedures are in the public interest; construction 

12 and maintenance of necessary buildings and appurtenant 

13 facilities; acquisition of lands for gauging stations and ob14 servation wells; expenses of the United States National 

15 Committee on Geology; and payment of compensation and 

16 expenses of persons on the rolls of the Survey duly ap17 pointed to represent the United States in the negotiation 

18 and administration of interstate compacts: Provided, That 

19 activities funded by appropriations herein made may be 

20 accomplished through the use of contracts, grants, or co21 operative agreements as defined in 31 U.S.C. 6302 et seq.: 

22 Provided further, That the United States Geological Sur23 vey may enter into contracts or cooperative agreements 

24 directly with individuals or indirectly with institutions or 

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

26 for the temporary or intermittent services of students or 
29 

HR 2361 RH 

1 recent graduates, who shall be considered employees for 

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

3 Code, relating to compensation for travel and work inju4 ries, and chapter 171 of title 28, United States Code, re5 lating to tort claims, but shall not be considered to be Fed6 eral employees for any other purposes. 

7 MINERALS MANAGEMENT SERVICE

8 ROYALTY ANDOFFSHORE MINERALS MANAGEMENT

9 For expenses necessary for minerals leasing and envi10 ronmental studies, regulation of industry operations, and 

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

12 laws and regulations applicable to oil, gas, and other min13 erals leases, permits, licenses and operating contracts; and 

14 for matching grants or cooperative agreements; including 

15 the purchase of not to exceed eight passenger motor vehi16 cles for replacement only, $152,676,000, of which 

17 $77,529,000 shall be available for royalty management ac18 tivities; and an amount not to exceed $122,730,000, to 

19 be credited to this appropriation and to remain available 

20 until expended, from additions to receipts resulting from 

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

22 increases to fee collections for Outer Continental Shelf ad23 ministrative activities performed by the Minerals Manage24 ment Service (MMS) over and above the rates in effect 

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

HR 2361 RH 

1 Outer Continental Shelf administrative activities estab2 lished after September 30, 1993: Provided, That to the 

3 extent $122,730,000 in additions to receipts are not real4 ized from the sources of receipts stated above, the amount 

5 needed to reach $122,730,000 shall be credited to this ap6 propriation from receipts resulting from rental rates for 

7 Outer Continental Shelf leases in effect before August 5, 

8 1993: Provided further, That $3,000,000 for computer ac9 quisitions shall remain available until September 30, 

10 2007: Provided further, That not to exceed $3,000 shall 

11 be available for reasonable expenses related to promoting 

12 volunteer beach and marine cleanup activities: Provided 

13 further, That notwithstanding any other provision of law, 

14 $15,000 under this heading shall be available for refunds 

15 of overpayments in connection with certain Indian leases 

16 in which the Director of MMS concurred with the claimed 

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

18 tribes, or to correct prior unrecoverable erroneous pay19 ments: Provided further, That in fiscal year 2006 and 

20 thereafter, the MMS may under the royalty-in-kind pro21 gram, or under its authority to transfer oil to the Strategic 

22 Petroleum Reserve, use a portion of the revenues from 

23 royalty-in-kind sales, without regard to fiscal year limita24 tion, to pay for transportation to wholesale market centers 

25 or upstream pooling points, to process or otherwise dispose 
31 

HR 2361 RH 

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

2 transportation costs, salaries, and other administrative 

3 costs directly related to the royalty-in-kind program: Pro4 vided further, That MMS shall analyze and document the 

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

6 assure to the maximum extent practicable that royalty in7 come under the program is equal to or greater than roy8 alty income recognized under a comparable royalty-in9 value program. 

10 OIL SPILL RESEARCH

11 For necessary expenses to carry out title I, section 

12 1016, title IV, sections 4202 and 4303, title VII, and title 

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

14 $7,006,000, which shall be derived from the Oil Spill Li15 ability Trust Fund, to remain available until expended. 

16 OFFICE OF SURFACE MINING RECLAMATION AND

17 ENFORCEMENT

18 REGULATION ANDTECHNOLOGY

19 For necessary expenses to carry out the provisions 

20 of the Surface Mining Control and Reclamation Act of 

21 1977, Public Law 95–87, as amended, including the pur22 chase of not to exceed 10 passenger motor vehicles, for 

23 replacement only; $110,435,000: Provided, That the Sec24 retary of the Interior, pursuant to regulations, may use 

25 directly or through grants to States, moneys collected in 

26 fiscal year 2006 for civil penalties assessed under section 
32 

HR 2361 RH 

1 518 of the Surface Mining Control and Reclamation Act 

2 of 1977 (30 U.S.C. 1268), to reclaim lands adversely af3 fected by coal mining practices after August 3, 1977, to 

4 remain available until expended: Provided further, That 

5 appropriations for the Office of Surface Mining Reclama6 tion and Enforcement may provide for the travel and per 

7 diem expenses of State and tribal personnel attending Of8 fice of Surface Mining Reclamation and Enforcement 

9 sponsored training. 

10 ABANDONED MINE RECLAMATION FUND

11 For necessary expenses to carry out title IV of the 

12 Surface Mining Control and Reclamation Act of 1977, 

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

14 of not more than 10 passenger motor vehicles for replace15 ment only, $188,014,000, to be derived from receipts of 

16 the Abandoned Mine Reclamation Fund and to remain 

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

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

19 shall be for supplemental grants to States for the reclama20 tion of abandoned sites with acid mine rock drainage from 

21 coal mines, and for associated activities, through the Ap22 palachian Clean Streams Initiative: Provided, That grants 

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

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

25 Public Law 97–365, the Department of the Interior is au26 thorized to use up to 20 percent from the recovery of the 
33 

HR 2361 RH 

1 delinquent debt owed to the United States Government to 

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

3 That funds made available under title IV of Public Law 

4 95–87 may be used for any required non-Federal share 

5 of the cost of projects funded by the Federal Government 

6 for the purpose of environmental restoration related to 

7 treatment or abatement of acid mine drainage from aban8 doned mines: Provided further, That such projects must 

9 be consistent with the purposes and priorities of the Sur10 face Mining Control and Reclamation Act: Provided fur11 ther, That amounts allocated under section 402(g)(2) of 

12 the Surface Mining Control and Reclamation Act of 1977 

13 (30 U.S.C. 1232(g)(2)) as of September 30, 2005, but not 

14 appropriated as of that date, are reallocated to the alloca15 tion established in section 402(g)(3) of the Surface Mining 

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

17 1232(g)(3)): Provided further, That amounts provided 

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

19 diem expenses of State and tribal personnel attending Of20 fice of Surface Mining Reclamation and Enforcement 

21 sponsored training. 

22 ADMINISTRATIVE PROVISIONS

23 With funds available for the Technical Innovation 

24 and Professional Services program in this Act, the Sec25 retary may transfer title for computer hardware, software 
34 

HR 2361 RH 

1 and other technical equipment to State and Tribal regu2 latory and reclamation programs. 

3 BUREAU OF INDIAN AFFAIRS

4 OPERATION OF INDIAN PROGRAMS

5 For expenses necessary for the operation of Indian 

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

7 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De8 termination and Education Assistance Act of 1975 (25 

9 U.S.C. 450 et seq.), as amended, the Education Amend10 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 

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

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

13 September 30, 2007 except as otherwise provided herein, 

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

15 assistance payments and notwithstanding any other provi16 sion of law, including but not limited to the Indian Self17 Determination Act of 1975, as amended, not to exceed 

18 $134,609,000 shall be available for payments to tribes and 

19 tribal organizations for contract support costs associated 

20 with ongoing contracts, grants, compacts, or annual fund21 ing agreements entered into with the Bureau prior to or 

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

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

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

25 contract support costs, except that tribes and tribal orga-
35 

HR 2361 RH 

1 nizations may use their tribal priority allocations for 

2 unmet contract support costs of ongoing contracts, grants, 

3 or compacts, or annual funding agreements and for unmet 

4 welfare assistance costs; and of which not to exceed 

5 $478,085,000 for school operations costs of Bureau-fund6 ed schools and other education programs shall become 

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

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

9 $61,267,000 shall remain available until expended for 

10 housing improvement, road maintenance, attorney fees, 

11 litigation support, the Indian Self-Determination Fund, 

12 land records improvement, and the Navajo-Hopi Settle13 ment Program: Provided, That notwithstanding any other 

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

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

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

17 from such amounts made available for school operations 

18 shall be available to tribes and tribal organizations for ad19 ministrative cost grants associated with ongoing grants 

20 entered into with the Bureau prior to or during fiscal year 

21 2005 for the operation of Bureau-funded schools, and up 

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

23 available for school operations shall be available for the 

24 transitional costs of initial administrative cost grants to 

25 tribes and tribal organizations that enter into grants for 
36 

HR 2361 RH 

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

2 schools: Provided further, That any forestry funds allo3 cated to a tribe which remain unobligated as of September 

4 30, 2007, may be transferred during fiscal year 2008 to 

5 an Indian forest land assistance account established for 

6 the benefit of such tribe within the tribe’s trust fund ac7 count: Provided further, That any such unobligated bal8 ances not so transferred shall expire on September 30, 

9 2008. 

10 CONSTRUCTION

11 For construction, repair, improvement, and mainte12 nance of irrigation and power systems, buildings, utilities, 

13 and other facilities, including architectural and engineer14 ing services by contract; acquisition of lands, and interests 

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

16 construction of the Navajo Indian Irrigation Project pur17 suant to Public Law 87–483, $284,137,000, to remain 

18 available until expended: Provided, That such amounts as 

19 may be available for the construction of the Navajo Indian 

20 Irrigation Project may be transferred to the Bureau of 

21 Reclamation: Provided further, That not to exceed 6 per22 cent of contract authority available to the Bureau of In23 dian Affairs from the Federal Highway Trust Fund may 

24 be used to cover the road program management costs of 

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

26 the Safety of Dams program pursuant to 25 U.S.C. 13 
37 

HR 2361 RH 

1 shall be made available on a nonreimbursable basis: Pro2 vided further, That for fiscal year 2006, in implementing 

3 new construction or facilities improvement and repair 

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

5 tribally controlled grant schools under Public Law 100– 

6 297, as amended, the Secretary of the Interior shall use 

7 the Administrative and Audit Requirements and Cost 

8 Principles for Assistance Programs contained in 43 CFR 

9 part 12 as the regulatory requirements: Provided further, 

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

11 43 CFR; the Secretary and the grantee shall negotiate and 

12 determine a schedule of payments for the work to be per13 formed: Provided further, That in considering applications, 

14 the Secretary shall consider whether the Indian tribe or 

15 tribal organization would be deficient in assuring that the 

16 construction projects conform to applicable building stand17 ards and codes and Federal, tribal, or State health and 

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

19 respect to organizational and financial management capa20 bilities: Provided further, That if the Secretary declines an 

21 application, the Secretary shall follow the requirements 

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

23 any disputes between the Secretary and any grantee con24 cerning a grant shall be subject to the disputes provision 

25 in 25 U.S.C. 2507(e): Provided further, That in order to 
38 

HR 2361 RH 

1 ensure timely completion of replacement school construc2 tion projects, the Secretary may assume control of a 

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

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

5 tribe or tribal organization receiving funds appropriated 

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

7 planning and design phase of the project and commenced 

8 construction of the replacement school: Provided further, 

9 That this Appropriation may be reimbursed from the Of10 fice of the Special Trustee for American Indians Appro11 priation for the appropriate share of construction costs for 

12 space expansion needed in agency offices to meet trust re13 form implementation. 

14 INDIAN LANDANDWATER CLAIM SETTLEMENTS AND

15 MISCELLANEOUS PAYMENTS TO INDIANS

16 For miscellaneous payments to Indian tribes and in17 dividuals and for necessary administrative expenses, 

18 $34,754,000, to remain available until expended, for im19 plementation of Indian land and water claim settlements 

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

21 106–554, 107–331, and 108–34, and for implementation 

22 of other land and water rights settlements, of which 

23 $10,000,000 shall be available for payment to the 

24 Quinault Indian Nation pursuant to the terms of the 

25 North Boundary Settlement Agreement dated July 14, 
39 

HR 2361 RH 

1 2000, providing for the acquisition of perpetual conserva2 tion easements from the Nation. 

3 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

4 For the cost of guaranteed and insured loans, 

5 $6,348,000, of which $701,000 is for administrative ex6 penses, as authorized by the Indian Financing Act of 

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

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

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

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

12 not to exceed $118,884,000. 

13 ADMINISTRATIVE PROVISIONS

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

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

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

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

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

26 Loan Program account) shall be available for expenses of 
40 

HR 2361 RH 

1 exhibits, and purchase and replacement of passenger 

2 motor vehicles. 

3 Notwithstanding any other provision of law, no funds 

4 available to the Bureau of Indian Affairs for central office 

5 operations or pooled overhead general administration (ex6 cept facilities operations and maintenance) shall be avail7 able for tribal contracts, grants, compacts, or cooperative 

8 agreements with the Bureau of Indian Affairs under the 

9 provisions of the Indian Self-Determination Act or the 

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

11 413). 

12 In the event any tribe returns appropriations made 

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

14 distribution to other tribes, this action shall not diminish 

15 the Federal Government’s trust responsibility to that 

16 tribe, or the government-to-government relationship be17 tween the United States and that tribe, or that tribe’s abil18 ity to access future appropriations. 

19 Notwithstanding any other provision of law, no funds 

20 available to the Bureau, other than the amounts provided 

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

22 452 et seq., shall be available to support the operation of 

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

24 Appropriations made available in this or any other 

25 Act for schools funded by the Bureau shall be available 
41 

HR 2361 RH 

1 only to the schools in the Bureau school system as of Sep2 tember 1, 1996. No funds available to the Bureau shall 

3 be used to support expanded grades for any school or dor4 mitory beyond the grade structure in place or approved 

5 by the Secretary of the Interior at each school in the Bu6 reau school system as of October 1, 1995. Funds made 

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

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

9 is defined in section 1146 of the Education Amendments 

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

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

12 Act and that has operated at a Bureau-funded school be13 fore September 1, 1999, may continue to operate during 

14 that period, but only if the charter school pays to the Bu15 reau a pro rata share of funds to reimburse the Bureau 

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

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

18 separate and apart from Bureau funds, and the Bureau 

19 does not assume any obligation for charter school pro20 grams of the State in which the school is located if the 

21 charter school loses such funding. Employees of Bureau22 funded schools sharing a campus with a charter school and 

23 performing functions related to the charter school’s oper24 ation and employees of a charter school shall not be treat-
42 

HR 2361 RH 

1 ed as Federal employees for purposes of chapter 171 of 

2 title 28, United States Code. 

3 Notwithstanding any other provision of law, including 

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

5 113, if a tribe or tribal organization in fiscal year 2003 

6 or 2004 received indirect and administrative costs pursu7 ant to a distribution formula based on section 5(f) of Pub8 lic Law 101–301, the Secretary shall continue to dis9 tribute indirect and administrative cost funds to such tribe 

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

11 formula. 

12 DEPARTMENTAL OFFICES

13 INSULAR AFFAIRS

14 ASSISTANCE TO TERRITORIES

15 For expenses necessary for assistance to territories 

16 under the jurisdiction of the Department of the Interior, 

17 $76,563,000, of which: (1) $69,182,000 shall be available 

18 until expended for technical assistance, including mainte19 nance assistance, disaster assistance, insular management 

20 controls, coral reef initiative activities, and brown tree 

21 snake control and research; grants to the judiciary in 

22 American Samoa for compensation and expenses, as au23 thorized by law (48 U.S.C. 1661(c)); grants to the Govern24 ment of American Samoa, in addition to current local rev25 enues, for construction and support of governmental func-
43 

HR 2361 RH 

1 tions; grants to the Government of the Virgin Islands as 

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

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

4 the Northern Mariana Islands as authorized by law (Pub5 lic Law 94–241; 90 Stat. 272); and (2) $7,381,000 shall 

6 be available for salaries and expenses of the Office of Insu7 lar Affairs: Provided, That all financial transactions of the 

8 territorial and local governments herein provided for, in9 cluding such transactions of all agencies or instrumental10 ities established or used by such governments, may be au11 dited by the Government Accountability Office, at its dis12 cretion, in accordance with chapter 35 of title 31, United 

13 States Code: Provided further, That Northern Mariana Is14 lands Covenant grant funding shall be provided according 

15 to those terms of the Agreement of the Special Represent16 atives on Future United States Financial Assistance for 

17 the Northern Mariana Islands approved by Public Law 

18 104–134: Provided further, That of the amounts provided 

19 for technical assistance, sufficient funds shall be made 

20 available for a grant to the Pacific Basin Development 

21 Council: Provided further, That of the amounts provided 

22 for technical assistance, sufficient funding shall be made 

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

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

25 maintenance improvement are appropriated to institu-
44 

HR 2361 RH 

1 tionalize routine operations and maintenance improvement 

2 of capital infrastructure with territorial participation and 

3 cost sharing to be determined by the Secretary based on 

4 the grantee’s commitment to timely maintenance of its 

5 capital assets: Provided further, That any appropriation 

6 for disaster assistance under this heading in this Act or 

7 previous appropriations Acts may be used as non-Federal 

8 matching funds for the purpose of hazard mitigation 

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

10 Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5170c). 

12 COMPACT OF FREE ASSOCIATION

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

14 remain available until expended, as provided for in sec15 tions 221(a)(2), 221(b), and 233 of the Compact of Free 

16 Association for the Republic of Palau; and section 

17 221(a)(2) of the Compacts of Free Association for the 

18 Government of the Republic of the Marshall Islands, and 

19 the Government of the United States and the Federated 

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

21 658 and Public Law 108–188. 

22 DEPARTMENTAL MANAGEMENT

23 SALARIES ANDEXPENSES

24 For necessary expenses for management of the De25 partment of the Interior, $118,755,000; of which 

26 $23,555,000 shall remain available until expended for a 
45 

HR 2361 RH 

1 departmental financial and business management system; 

2 of which not to exceed $8,500 may be for official reception 

3 and representation expenses; and of which up to 

4 $1,000,000 shall be available for workers compensation 

5 payments and unemployment compensation payments as6 sociated with the orderly closure of the United States Bu7 reau of Mines: Provided, That none of the funds in this 

8 or previous appropriations Acts may be used to establish 

9 any additional reserves in the Working Capital Fund ac10 count other than the two authorized reserves without prior 

11 approval of the House and Senate Committees on Appro12 priations. 

13 PAYMENTS IN LIEU OF TAXES

14 For expenses necessary to implement the Act of Octo15 ber 20, 1976, as amended (31 U.S.C. 6901–6907), 

16 $230,000,000, of which not to exceed $400,000 shall be 

17 available for administrative expenses: Provided, That no 

18 payment shall be made to otherwise eligible units of local 

19 government if the computed amount of the payment is less 

20 than $100. 

21 CENTRAL HAZARDOUS MATERIALS FUND

22 For necessary expenses of the Department of the In23 terior and any of its component offices and bureaus for 

24 the remedial action, including associated activities, of haz25 ardous waste substances, pollutants, or contaminants pur26 suant to the Comprehensive Environmental Response, 
46 

HR 2361 RH 

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

2 9601 et seq.), $9,855,000, to remain available until ex3 pended: Provided, That, notwithstanding 31 U.S.C. 3302, 

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

5 as reimbursement for remedial action or response activi6 ties conducted by the Department pursuant to section 107 

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

8 to be available until expended without further appropria9 tion: Provided further, That such sums recovered from or 

10 paid by any party are not limited to monetary payments 

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

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

13 disposed of by the Secretary and which shall be credited 

14 to this account. 

15 OFFICE OF THE SOLICITOR

16 SALARIES ANDEXPENSES

17 For necessary expenses of the Office of the Solicitor, 

18 $55,340,000. 

19 OFFICE OF INSPECTOR GENERAL

20 SALARIES ANDEXPENSES

21 For necessary expenses of the Office of Inspector 

22 General, $39,566,000. 
47 

HR 2361 RH 

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 RH 

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 RH 

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 RH 

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-
51 

HR 2361 RH 

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 
52 

HR 2361 RH 

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 
53 

HR 2361 RH 

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. 
54 

HR 2361 RH 

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 bal16 ances 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 
55 

HR 2361 RH 

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 RH 

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 RH 

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-
58 

HR 2361 RH 

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

2 annual rate that exceeds 200 percent of the highest Senior 

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

5 SEC. 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. 
59 

HR 2361 RH 

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. 
60 

HR 2361 RH 

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 
61 

HR 2361 RH 

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 
62 

HR 2361 RH 

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. 
63 

HR 2361 RH 

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 ANDTECHNOLOGY

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. 
64 

HR 2361 RH 

1 ENVIRONMENTAL PROGRAMS ANDMANAGEMENT

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 which shall remain available until September 30, 2007, in19 cluding administrative costs of the brownfields program 

20 under the Small Business Liability Relief and Brownfields 

21 Revitalization Act of 2002. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector 

24 General in carrying out the provisions of the Inspector 

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

26 alteration, repair, rehabilitation, and renovation of facili-
65 

HR 2361 RH 

1 ties, not to exceed $85,000 per project, $37,955,000 to 

2 remain available until September 30, 2007. 

3 BUILDINGS AND FACILITIES

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

6 or for use by, the Environmental Protection Agency, 

7 $40,218,000 to remain available until expended. 

8 HAZARDOUS SUBSTANCE SUPERFUND

9 (INCLUDING TRANSFERS OF FUNDS)

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

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

16 per project; $1,258,333,000, to remain available until ex17 pended, consisting of such sums as are available in the 

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

19 authorized by section 517(a) of the Superfund Amend20 ments and Reauthorization Act of 1986 (SARA) and up 

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

22 to the Hazardous Substance Superfund for purposes as 

23 authorized by section 517(b) of SARA, as amended: Pro24 vided, That funds appropriated under this heading may 

25 be allocated to other Federal agencies in accordance with 

26 section 111(a) of CERCLA: Provided further, That of the 
66 

HR 2361 RH 

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

2 be transferred to the ‘‘Office of Inspector General’’ appro3 priation to remain available until September 30, 2007, 

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

5 technology’’ appropriation to remain available until Sep6 tember 30, 2007. 

7 LEAKING UNDERGROUND STORAGE TANK PROGRAM

8 For necessary expenses to carry out leaking under9 ground storage tank cleanup activities authorized by sec10 tion 205 of the Superfund Amendments and Reauthoriza11 tion Act of 1986, and for construction, alteration, repair, 

12 rehabilitation, and renovation of facilities, not to exceed 

13 $85,000 per project, $73,027,000, to remain available 

14 until expended. 

15 OIL SPILL RESPONSE

16 For expenses necessary to carry out the Environ17 mental Protection Agency’s responsibilities under the Oil 

18 Pollution Act of 1990, $15,863,000, to be derived from 

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

20 expended. 

21 STATE ANDTRIBAL ASSISTANCE GRANTS

22 (INCLUDING RESCISSIONS OF FUNDS)

23 For environmental programs and infrastructure as24 sistance, including capitalization grants for State revolv25 ing funds and performance partnership grants, 

26 $3,127,800,000, to remain available until expended, of 
67 

HR 2361 RH 

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

2 grants for the Clean Water State Revolving Funds under 

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

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

5 be available for loans, including interest free loans as au6 thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter7 municipal, interstate, or State agencies or nonprofit enti8 ties for projects that provide treatment for or that mini9 mize sewage or stormwater discharges using one or more 

10 approaches which include, but are not limited to, decen11 tralized or distributed stormwater controls, decentralized 

12 wastewater treatment, low-impact development practices, 

13 conservation easements, stream buffers, or wetlands res14 toration; $850,000,000 shall be for capitalization grants 

15 for the Drinking Water State Revolving Funds under sec16 tion 1452 of the Safe Drinking Water Act, as amended, 

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

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

19 available under this heading in this Act, or in previous 

20 appropriations Acts, shall be reserved by the Adminis21 trator for health effects studies on drinking water con22 taminants; $50,000,000 shall be for architectural, engi23 neering, planning, design, construction and related activi24 ties in connection with the construction of high priority 

25 water and wastewater facilities in the area of the United 
68 

HR 2361 RH 

1 States-Mexico Border, after consultation with the appro2 priate border commission; $15,000,000 shall be for grants 

3 to the State of Alaska to address drinking water and waste 

4 infrastructure needs of rural and Alaska Native Villages; 

5 $200,000,000 shall be for making grants for the construc6 tion of drinking water, wastewater and storm water infra7 structure and for water quality protection (‘‘special project 

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

9 specified for such grants in the joint explanatory state10 ment of the managers accompanying this Act, and, for 

11 purposes of these grants, each grantee shall contribute not 

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

13 grantee is approved for a waiver by the Agency; 

14 $95,500,000 shall be to carry out section 104(k) of the 

15 Comprehensive Environmental Response, Compensation, 

16 and Liability Act of 1980 (CERCLA), as amended, includ17 ing grants, interagency agreements, and associated pro18 gram support costs; $4,000,000 shall be for a grant to 

19 Puerto Rico for drinking water infrastructure improve20 ments to the Metropolitano community water system in 

21 San Juan; $10,000,000 for cost-shared grants for school 

22 bus retrofit and replacement projects that reduce diesel 

23 emissions: Provided, That beginning in fiscal year 2006 

24 and thereafter, the Administrator is authorized to make 

25 such grants, subject to terms and conditions as the Ad-
69 

HR 2361 RH 

1 ministrator shall establish, to State, tribal, and local gov2 ernmental entities responsible for providing school bus 

3 services to one or more school districts; and 

4 $1,153,300,000 shall be for grants, including associated 

5 program support costs, to States, federally recognized 

6 tribes, interstate agencies, tribal consortia, and air pollu7 tion control agencies for multi-media or single media pol8 lution prevention, control and abatement and related ac9 tivities, including activities pursuant to the provisions set 

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

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

12 particulate matter monitoring and data collection activi13 ties of which and subject to terms and conditions specified 

14 by the Administrator, of which $52,000,000 shall be for 

15 carrying out section 128 of CERCLA, as amended, and 

16 $20,000,000 shall be for Environmental Information Ex17 change Network grants, including associated program 

18 support costs, and $15,000,000 shall be for making com19 petitive targeted watershed grants: Provided further, That 

20 for fiscal year 2006, State authority under section 302(a) 

21 of Public Law 104–182 shall remain in effect: Provided 

22 further, That notwithstanding section 603(d)(7) of the 

23 Act, the limitation on the amounts in a State water pollu24 tion control revolving fund that may be used by a State 

25 to administer the fund shall not apply to amounts included 
70 

HR 2361 RH 

1 as principal in loans made by such fund in fiscal year 2006 

2 and prior years where such amounts represent costs of ad3 ministering the fund to the extent that such amounts are 

4 or were deemed reasonable by the Administrator, ac5 counted for separately from other assets in the fund, and 

6 used for eligible purposes of the fund, including adminis7 tration: Provided further, That for fiscal year 2006, and 

8 notwithstanding section 518(f) of the Act, the Adminis9 trator is authorized to use the amounts appropriated for 

10 any fiscal year under section 319 of that Act to make 

11 grants to Indian tribes pursuant to sections 319(h) and 

12 518(e) of that Act: Provided further, That for fiscal year 

13 2006, notwithstanding the limitation on amounts in section 518(c) of the Act, up to a total of 11 14 ⁄2 percent of 

15 the funds appropriated for State Revolving Funds under 

16 title VI of that Act may be reserved by the Administrator 

17 for grants under section 518(c) of that Act: Provided fur18 ther, That no funds provided by this legislation to address 

19 the water, wastewater and other critical infrastructure 

20 needs of the colonias in the United States along the 

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

22 county or municipal government unless that government 

23 has established an enforceable local ordinance, or other 

24 zoning rule, which prevents in that jurisdiction the devel25 opment or construction of any additional colonia areas, or 
71 

HR 2361 RH 

1 the development within an existing colonia the construc2 tion of any new home, business, or other structure which 

3 lacks water, wastewater, or other necessary infrastructure: 

4 Provided further, That, notwithstanding any other provi5 sion of law, such funds that were appropriated under this 

6 heading for special project grants in fiscal year 2000 or 

7 before and for which the Agency has not received an appli8 cation and issued a grant by September 30, 2006, shall 

9 be made available to the Clean Water or Drinking Water 

10 Revolving Fund, as appropriate, for the State in which 

11 the special project grant recipient is located: Provided fur12 ther, That excess funds remaining after completion of a 

13 special project grant shall be made available to the Clean 

14 Water or Drinking Water Revolving Fund, as appropriate, 

15 for the State in which the special project grant recipient 

16 is located: Provided further, That in the event that a spe17 cial project is determined by the Agency to be ineligible 

18 for a grant, the funds for that project shall be made avail19 able to the Clean Water or Drinking Water Revolving 

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

21 project grant recipient is located: Provided further, That, 

22 notwithstanding any other provision of law, heretofore and 

23 hereafter, after consultation with the House and Senate 

24 Committees on Appropriations and for the purpose of 

25 making technical corrections, the Administrator is author-
72 

HR 2361 RH 

1 ized to award grants under this heading to entities and 

2 for purposes other than those listed in the joint explana3 tory statements of the managers accompanying the Agen4 cy’s appropriations Acts for the construction of drinking 

5 water, wastewater and storm water infrastructure and for 

6 water quality protection. 

7 For an additional amount for the Clean Water State 

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

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

10 previously appropriated to the Environmental Protection 

11 Agency, the availability of which under the original appro12 priation accounts has not expired, and $100,000,000 in 

13 such funding is hereby rescinded: Provided, That such re14 scissions shall be taken solely from amounts associated 

15 with grants, contracts, and interagency agreements whose 

16 availability under the original period for obligation for 

17 such grant, contract, or interagency agreement has ex18 pired based on the April 2005 review by the Government 

19 Accountability Office. 

20 ADMINISTRATIVE PROVISIONS

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

22 6303(1) and 6305(1), the Administrator of the Environ23 mental Protection Agency, in carrying out the Agency’s 

24 function to implement directly Federal environmental pro25 grams required or authorized by law in the absence of an 

26 acceptable tribal program, may award cooperative agree-
73 

HR 2361 RH 

1 ments to federally-recognized Indian Tribes or Intertribal 

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

3 the Administrator in implementing Federal environmental 

4 programs for Indian Tribes required or authorized by law, 

5 except that no such cooperative agreements may be award6 ed from funds designated for State financial assistance 

7 agreements. 

8 The Administrator of the Environmental Protection 

9 Agency is authorized to collect and obligate pesticide reg10 istration service fees in accordance with section 33 of the 

11 Federal Insecticide, Fungicide, and Rodenticide Act (as 

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

13 Improvement Act of 2003), as amended. 

14 Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), ap15 propriated funds for fiscal year 2006 may be used to 

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

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

18 in CERCLA section 101(40) to qualify as a bona fide pro19 spective purchaser except that the date of acquisition of 

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

21 Small Business Liability Relief and Brownfield Revitaliza22 tion Act of 2001. 

23 For fiscal years 2006 through 2011, the Adminis24 trator may, after consultation with the Office of Personnel 

25 Management, make not to exceed five appointments in any 
74 

HR 2361 RH 

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

2 for the Office of Research and Development. 

3 TITLE III—RELATED AGENCIES 

4 DEPARTMENT OF AGRICULTURE 

5 FOREST SERVICE

6 FOREST ANDRANGELANDRESEARCH

7 For necessary expenses of forest and rangeland re8 search as authorized by law, $285,000,000, to remain 

9 available until expended: Provided, That of the funds pro10 vided, $62,100,000 is for the forest inventory and analysis 

11 program. 

12 STATE ANDPRIVATE FORESTRY

13 For necessary expenses of cooperating with and pro14 viding technical and financial assistance to States, terri15 tories, possessions, and others, and for forest health man16 agement, including treatments of pests, pathogens, and 

17 invasive or noxious plants and for restoring and rehabili18 tating forests damaged by pests or invasive plants, cooper19 ative forestry, and education and land conservation activi20 ties and conducting an international program as author21 ized, $254,875,000, to remain available until expended, as 

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

23 from the Land and Water Conservation Fund: Provided, 

24 That none of the funds provided under this heading for 

25 the acquisition of lands or interests in lands shall be avail26 able until the Forest Service notifies the House Committee 
75 

HR 2361 RH 

1 on Appropriations and the Senate Committee on Appro2 priations, in writing, of specific contractual and grant de3 tails including the non-Federal cost share: Provided fur4 ther, That of the funds provided herein, $1,000,000 shall 

5 be provided to Custer County, Idaho for economic develop6 ment in accordance with the Central Idaho Economic De7 velopment and Recreation Act, subject to authorization. 

8 NATIONAL FOREST SYSTEM

9 For necessary expenses of the Forest Service, not 

10 otherwise provided for, for management, protection, im11 provement, and utilization of the National Forest System, 

12 $1,423,920,000, to remain available until expended, which 

13 shall include 50 percent of all moneys received during 

14 prior fiscal years as fees collected under the Land and 

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

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

17 6a(i)): Provided, That unobligated balances under this 

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

19 displayed by budget line item in the fiscal year 2007 budg20 et justification. 

21 WILDLAND FIRE MANAGEMENT

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses for forest fire presuppression 

24 activities on National Forest System lands, for emergency 

25 fire suppression on or adjacent to such lands or other 

26 lands under fire protection agreement, hazardous fuels re-
76 

HR 2361 RH 

1 duction on or adjacent to such lands, and for emergency 

2 rehabilitation of burned-over National Forest System 

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

4 expended: Provided, That such funds including unobli5 gated balances under this heading, are available for repay6 ment of advances from other appropriations accounts pre7 viously transferred for such purposes: Provided further, 

8 That such funds shall be available to reimburse State and 

9 other cooperating entities for services provided in response 

10 to wildfire and other emergencies or disasters to the extent 

11 such reimbursements by the Forest Service for non-fire 

12 emergencies are fully repaid by the responsible emergency 

13 management agency: Provided further, That not less than 

14 50 percent of any unobligated balances remaining (exclu15 sive of amounts for hazardous fuels reduction) at the end 

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

17 past advances that have not been repaid, to the fund es18 tablished pursuant to section 3 of Public Law 71–319 (16 

19 U.S.C. 576 et seq.): Provided further, That, notwith20 standing any other provision of law, $8,000,000 of funds 

21 appropriated under this appropriation shall be used for 

22 Fire Science Research in support of the Joint Fire Science 

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

24 of funds, including the use of contracts, grants, and coop25 erative agreements, available to execute the Forest and 
77 

HR 2361 RH 

1 Rangeland Research appropriation, are also available in 

2 the utilization of these funds for Fire Science Research: 

3 Provided further, That funds provided shall be available 

4 for emergency rehabilitation and restoration, hazardous 

5 fuels reduction activities in the urban-wildland interface, 

6 support to Federal emergency response, and wildfire sup7 pression activities of the Forest Service: Provided further, 

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

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

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

11 to make competitive research grants pursuant to the For12 est and Rangeland Renewable Resources Research Act, as 

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

14 State fire assistance, $8,000,000 is for volunteer fire as15 sistance, $15,000,000 is for forest health activities on 

16 Federal lands and $10,000,000 is for forest health activi17 ties on State and private lands: Provided further, That 

18 amounts in this paragraph may be transferred to the 

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

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

21 State fire assistance, volunteer fire assistance, forest 

22 health management, forest and rangeland research, vege23 tation and watershed management, heritage site rehabili24 tation, and wildlife and fish habitat management and res25 toration: Provided further, That transfers of any amounts 
78 

HR 2361 RH 

1 in excess of those authorized in this paragraph, shall re2 quire approval of the House and Senate Committees on 

3 Appropriations in compliance with reprogramming proce4 dures contained in the report accompanying this Act: Pro5 vided further, That funds provided under this heading for 

6 hazardous fuels treatments may be transferred to and 

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

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

9 days after notifying the House and the Senate Committees 

10 on Appropriations: Provided further, That the costs of im11 plementing any cooperative agreement between the Fed12 eral Government and any non-Federal entity may be 

13 shared, as mutually agreed on by the affected parties: Pro14 vided further, That in addition to funds provided for State 

15 Fire Assistance programs, and subject to all authorities 

16 available to the Forest Service under the State and Pri17 vate Forestry Appropriations, up to $15,000,000 may be 

18 used on adjacent non-Federal lands for the purpose of pro19 tecting communities when hazard reduction activities are 

20 planned on national forest lands that have the potential 

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

22 the Secretary of the Interior and the Secretary of Agri23 culture may authorize the transfer of funds appropriated 

24 for wildland fire management, in an aggregate amount not 

25 to exceed $9,000,000, between the Departments when 
79 

HR 2361 RH 

1 such transfers would facilitate and expedite jointly funded 

2 wildland fire management programs and projects: Pro3 vided further, That funds designated for wildfire suppres4 sion, shall be assessed for indirect costs, in a manner con5 sistent with such assessments against other agency pro6 grams. 

7 CAPITAL IMPROVEMENT ANDMAINTENANCE

8 For necessary expenses of the Forest Service, not 

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

10 until expended for construction, reconstruction, mainte11 nance and acquisition of buildings and other facilities, and 

12 for construction, reconstruction, repair, decommissioning, 

13 and maintenance of forest roads and trails by the Forest 

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

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

16 of the funds provided herein for road maintenance shall 

17 be available for the decommissioning of roads, including 

18 unauthorized roads not part of the transportation system, 

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

20 funds shall be expended to decommission any system road 

21 until notice and an opportunity for public comment has 

22 been provided on each decommissioning project. 

23 LANDACQUISITION

24 For expenses necessary to carry out the provisions 

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

26 as amended (16 U.S.C. 460l–4 through 11), including ad-
80 

HR 2361 RH 

1 ministrative expenses, and for acquisition of land or wa2 ters, or interest therein, in accordance with statutory au3 thority applicable to the Forest Service, $15,000,000, to 

4 be derived from the Land and Water Conservation Fund 

5 and to remain available until expended. 

6 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

7 ACTS

8 For acquisition of lands within the exterior bound9 aries of the Cache, Uinta, and Wasatch National Forests, 

10 Utah; the Toiyabe National Forest, Nevada; and the An11 geles, San Bernardino, Sequoia, and Cleveland National 

12 Forests, California, as authorized by law, $1,069,000, to 

13 be derived from forest receipts. 

14 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

15 For acquisition of lands, such sums, to be derived 

16 from funds deposited by State, county, or municipal gov17 ernments, public school districts, or other public school au18 thorities, and for authorized expenditures from funds de19 posited by non-Federal parties pursuant to Land Sale and 

20 Exchange Acts, pursuant to the Act of December 4, 1967, 

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

22 expended. 

23 RANGE BETTERMENT FUND

24 For necessary expenses of range rehabilitation, pro25 tection, and improvement, 50 percent of all moneys re26 ceived during the prior fiscal year, as fees for grazing do-
81 

HR 2361 RH 

1 mestic livestock on lands in National Forests in the 16 

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

3 Law 94–579, as amended, to remain available until ex4 pended, of which not to exceed 6 percent shall be available 

5 for administrative expenses associated with on-the-ground 

6 range rehabilitation, protection, and improvements. 

7 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

8 RANGELANDRESEARCH

9 For expenses authorized by 16 U.S.C. 1643(b), 

10 $64,000, to remain available until expended, to be derived 

11 from the fund established pursuant to the above Act. 

12 MANAGEMENT OF NATIONAL FOREST LANDS FOR

13 SUBSISTENCE USES

14 For necessary expenses of the Forest Service to man15 age Federal lands in Alaska for subsistence uses under 

16 title VIII of the Alaska National Interest Lands Conserva17 tion Act (Public Law 96–487), $5,467,000, to remain 

18 available until expended. 

19 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

20 Appropriations to the Forest Service for the current 

21 fiscal year shall be available for: (1) purchase of passenger 

22 motor vehicles; acquisition of passenger motor vehicles 

23 from excess sources, and hire of such vehicles; purchase, 

24 lease, operation, maintenance, and acquisition of aircraft 

25 from excess sources to maintain the operable fleet for use 

26 in Forest Service wildland fire programs and other Forest 
82 

HR 2361 RH 

1 Service programs; notwithstanding other provisions of law, 

2 existing aircraft being replaced may be sold, with proceeds 

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

4 for the replacement aircraft; (2) services pursuant to 7 

5 U.S.C. 2225, and not to exceed $100,000 for employment 

6 under 5 U.S.C. 3109; (3) purchase, erection, and alter7 ation of buildings and other public improvements (7 

8 U.S.C. 2250); (4) acquisition of land, waters, and inter9 ests therein pursuant to 7 U.S.C. 428a; (5) for expenses 

10 pursuant to the Volunteers in the National Forest Act of 

11 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 

12 of uniforms as authorized by 5 U.S.C. 5901–5902; and 

13 (7) for debt collection contracts in accordance with 31 

14 U.S.C. 3718(c). 

15 None of the funds made available under this Act shall 

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

17 or close any regional office for National Forest System 

18 administration of the Forest Service, Department of Agri19 culture without the consent of the House and Senate Com20 mittees on Appropriations. 

21 Any appropriations or funds available to the Forest 

22 Service may be transferred to the Wildland Fire Manage23 ment appropriation for forest firefighting, emergency re24 habilitation of burned-over or damaged lands or waters 

25 under its jurisdiction, and fire preparedness due to severe 
83 

HR 2361 RH 

1 burning conditions upon notification of the House and 

2 Senate Committees on Appropriations and if and only if 

3 all previously appropriated emergency contingent funds 

4 under the heading ‘‘Wildland Fire Management’’ have 

5 been released by the President and apportioned and all 

6 wildfire suppression funds under the heading ‘‘Wildland 

7 Fire Management’’ are obligated. 

8 The first transfer of funds into the Wildland Fire 

9 Management account shall include unobligated funds, if 

10 available, from the Land Acquisition account and the For11 est Legacy program within the State and Private Forestry 

12 account. 

13 Funds appropriated to the Forest Service shall be 

14 available for assistance to or through the Agency for Inter15 national Development and the Foreign Agricultural Serv16 ice in connection with forest and rangeland research, tech17 nical information, and assistance in foreign countries, and 

18 shall be available to support forestry and related natural 

19 resource activities outside the United States and its terri20 tories and possessions, including technical assistance, edu21 cation and training, and cooperation with United States 

22 and international organizations. 

23 None of the funds made available to the Forest Serv24 ice under this Act shall be subject to transfer under the 

25 provisions of section 702(b) of the Department of Agri-
84 

HR 2361 RH 

1 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 

2 147b, however in fiscal year 2006 the Forest Service may 

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

4 from other agency accounts to enable the agency’s law en5 forcement program to pay full operating costs including 

6 overhead. 

7 None of the funds available to the Forest Service may 

8 be reprogrammed without the advance approval of the 

9 House and Senate Committees on Appropriations in ac10 cordance with the reprogramming procedures contained in 

11 the report accompanying this Act. 

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

13 the Forest Service shall be transferred to the Working 

14 Capital Fund of the Department of Agriculture. 

15 Funds available to the Forest Service shall be avail16 able to conduct a program of not less than $2,000,000 

17 for high priority projects within the scope of the approved 

18 budget which shall be carried out by the Youth Conserva19 tion Corps. 

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

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

22 reception and representation expenses. 

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

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

25 $3,000,000 may be advanced in a lump sum to the Na-
85 

HR 2361 RH 

1 tional Forest Foundation to aid conservation partnership 

2 projects in support of the Forest Service mission, without 

3 regard to when the Foundation incurs expenses, for ad4 ministrative expenses or projects on or benefitting Na5 tional Forest System lands or related to Forest Service 

6 programs: Provided, That of the Federal funds made 

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

8 be available for administrative expenses: Provided further, 

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

10 of Federal financial assistance, private contributions to 

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

12 by the Forest Service: Provided further, That the Founda13 tion may transfer Federal funds to a non-Federal recipient 

14 for a project at the same rate that the recipient has ob15 tained the non-Federal matching funds: Provided further, 

16 That authorized investments of Federal funds held by the 

17 Foundation may be made only in interest-bearing obliga18 tions of the United States or in obligations guaranteed as 

19 to both principal and interest by the United States. 

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

21 $2,650,000 of the funds available to the Forest Service 

22 shall be advanced to the National Fish and Wildlife Foun23 dation in a lump sum to aid cost-share conservation 

24 projects, without regard to when expenses are incurred, 

25 on or benefitting National Forest System lands or related 
86 

HR 2361 RH 

1 to Forest Service programs: Provided, That such funds 

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

3 Foundation or its subrecipients. 

4 Funds appropriated to the Forest Service shall be 

5 available for interactions with and providing technical as6 sistance to rural communities for sustainable rural devel7 opment purposes. 

8 Any appropriations or funds available to the Forest 

9 Service may be used for necessary expenses in the event 

10 of law enforcement emergencies as necessary to protect 

11 natural resources and public or employee safety: Provided, 

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

13 An eligible individual who is employed in any project 

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

15 (42 U.S.C. 3056 et seq.) and administered by the Forest 

16 Service shall be considered to be a Federal employee for 

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

18 Any funds appropriated to the Forest Service may 

19 be used to meet the non-Federal share requirement in sec20 tion 502(c) of the Older American Act of 1965 (42 U.S.C. 

21 3056(c)(2)). 

22 For each fiscal year through 2009, funds available 

23 to the Forest Service in this Act may be used for the pur24 pose of expenses associated with primary and secondary 

25 schooling for dependents of agency personnel stationed in 
87 

HR 2361 RH 

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

2 who are subject to transfer and reassignment to other lo3 cations in the United States, at a cost not in excess of 

4 those authorized for the Department of Defense for the 

5 same area, when it is determined by the Chief of the For6 est Service that public schools available in the locality are 

7 unable to provide adequately for the education of such de8 pendents. 

9 DEPARTMENT OF HEALTH AND HUMAN 

10 SERVICES 

11 INDIAN HEALTH SERVICE

12 INDIAN HEALTH SERVICES

13 For expenses necessary to carry out the Act of Au14 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina15 tion Act, the Indian Health Care Improvement Act, and 

16 titles II and III of the Public Health Service Act with re17 spect to the Indian Health Service, $2,732,298,000, to18 gether with payments received during the fiscal year pur19 suant to 42 U.S.C. 238(b) for services furnished by the 

20 Indian Health Service: Provided, That funds made avail21 able to tribes and tribal organizations through contracts, 

22 grant agreements, or any other agreements or compacts 

23 authorized by the Indian Self-Determination and Edu24 cation Assistance Act of 1975 (25 U.S.C. 450), shall be 

25 deemed to be obligated at the time of the grant or contract 
88 

HR 2361 RH 

1 award and thereafter shall remain available to the tribe 

2 or tribal organization without fiscal year limitation: Pro3 vided further, That up to $18,000,000 shall remain avail4 able until expended, for the Indian Catastrophic Health 

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

6 for contract medical care shall remain available for obliga7 tion until September 30, 2007: Provided further, That of 

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

9 until expended, shall be used to carry out the loan repay10 ment program under section 108 of the Indian Health 

11 Care Improvement Act: Provided further, That funds pro12 vided in this Act may be used for one-year contracts and 

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

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

15 which the funds are appropriated: Provided further, That 

16 the amounts collected by the Secretary of Health and 

17 Human Services under the authority of title IV of the In18 dian Health Care Improvement Act shall remain available 

19 until expended for the purpose of achieving compliance 

20 with the applicable conditions and requirements of titles 

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

22 planning, design, or construction of new facilities): Pro23 vided further, That funding contained herein, and in any 

24 earlier appropriations Acts for scholarship programs 

25 under the Indian Health Care Improvement Act (25 
89 

HR 2361 RH 

1 U.S.C. 1613) shall remain available until expended: Pro2 vided further, That amounts received by tribes and tribal 

3 organizations under title IV of the Indian Health Care Im4 provement Act shall be reported and accounted for and 

5 available to the receiving tribes and tribal organizations 

6 until expended: Provided further, That, notwithstanding 

7 any other provision of law, of the amounts provided herein, 

8 not to exceed $268,683,000 shall be for payments to tribes 

9 and tribal organizations for contract or grant support 

10 costs associated with contracts, grants, self-governance 

11 compacts or annual funding agreements between the In12 dian Health Service and a tribe or tribal organization pur13 suant to the Indian Self-Determination Act of 1975, as 

14 amended, prior to or during fiscal year 2006, of which 

15 not to exceed $5,000,000 may be used for contract sup16 port costs associated with new or expanded self-determina17 tion contracts, grants, self-governance compacts or annual 

18 funding agreements: Provided further, That funds avail19 able for the Indian Health Care Improvement Fund may 

20 be used, as needed, to carry out activities typically funded 

21 under the Indian Health Facilities account: Provided fur22 ther, That of the amounts provided to the Indian Health 

23 Service, $15,000,000 is provided for alcohol control, en24 forcement, prevention, treatment, sobriety and wellness, 

25 and education in Alaska: Provided further, That none of 
90 

HR 2361 RH 

1 the funds may be used for tribal courts or tribal ordinance 

2 programs or any program that is not directly related to 

3 alcohol control, enforcement, prevention, treatment, or so4 briety: Provided further, That no more than 15 percent 

5 may be used by any entity receiving funding for adminis6 trative overhead including indirect costs: Provided further, 

7 That the Bureau of Indian Affairs shall collect from the 

8 Indian Health Service and tribes and tribal organizations 

9 operating health facilities pursuant to Public Law 93–638 

10 such individually identifiable health information relating 

11 to disabled children as may be necessary for the purpose 

12 of carrying out its functions under the Individuals With 

13 Disability Education Act, 20 U.S.C. 1400, et seq. 

14 INDIAN HEALTH FACILITIES

15 For construction, repair, maintenance, improvement, 

16 and equipment of health and related auxiliary facilities, 

17 including quarters for personnel; preparation of plans, 

18 specifications, and drawings; acquisition of sites, purchase 

19 and erection of modular buildings, and purchases of trail20 ers; and for provision of domestic and community sanita21 tion facilities for Indians, as authorized by section 7 of 

22 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

23 Self-Determination Act, and the Indian Health Care Im24 provement Act, and for expenses necessary to carry out 

25 such Acts and titles II and III of the Public Health Serv26 ice Act with respect to environmental health and facilities 
91 

HR 2361 RH 

1 support activities of the Indian Health Service, 

2 $370,774,000, to remain available until expended: Pro3 vided, That notwithstanding any other provision of law, 

4 funds appropriated for the planning, design, construction 

5 or renovation of health facilities for the benefit of an In6 dian tribe or tribes may be used to purchase land for sites 

7 to construct, improve, or enlarge health or related facili8 ties: Provided further, That not to exceed $500,000 shall 

9 be used by the Indian Health Service to purchase 

10 TRANSAM equipment from the Department of Defense 

11 for distribution to the Indian Health Service and tribal 

12 facilities: Provided further, That none of the funds appro13 priated to the Indian Health Service may be used for sani14 tation facilities construction for new homes funded with 

15 grants by the housing programs of the United States De16 partment of Housing and Urban Development: Provided 

17 further, That not to exceed $1,000,000 from this account 

18 and the ‘‘Indian Health Services’’ account shall be used 

19 by the Indian Health Service to obtain ambulances for the 

20 Indian Health Service and tribal facilities in conjunction 

21 with an existing interagency agreement between the In22 dian Health Service and the General Services Administra23 tion: Provided further, That notwithstanding any other 

24 provision of law, funds appropriated for the planning, de25 sign, and construction of the replacement health care facil-
92 

HR 2361 RH 

1 ity in Barrow, Alaska, may be used to purchase land up 

2 to approximately 8 hectares for a site upon which to con3 struct the new health care facility: Provided further, That 

4 not to exceed $500,000 shall be placed in a Demolition 

5 Fund, available until expended, to be used by the Indian 

6 Health Service for demolition of Federal buildings. 

7 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

8 Appropriations in this Act to the Indian Health Serv9 ice shall be available for services as authorized by 5 U.S.C. 

10 3109 but at rates not to exceed the per diem rate equiva11 lent to the maximum rate payable for senior-level positions 

12 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

13 aircraft; purchase of medical equipment; purchase of re14 prints; purchase, renovation and erection of modular 

15 buildings and renovation of existing facilities; payments 

16 for telephone service in private residences in the field, 

17 when authorized under regulations approved by the Sec18 retary; and for uniforms or allowances therefor as author19 ized by 5 U.S.C. 5901–5902; and for expenses of attend20 ance at meetings which are concerned with the functions 

21 or activities for which the appropriation is made or which 

22 will contribute to improved conduct, supervision, or man23 agement of those functions or activities. 

24 In accordance with the provisions of the Indian 

25 Health Care Improvement Act, non-Indian patients may 

26 be extended health care at all tribally administered or In-
93 

HR 2361 RH 

1 dian Health Service facilities, subject to charges, and the 

2 proceeds along with funds recovered under the Federal 

3 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

4 be credited to the account of the facility providing the 

5 service and shall be available without fiscal year limitation. 

6 Notwithstanding any other law or regulation, funds trans7 ferred from the Department of Housing and Urban Devel8 opment to the Indian Health Service shall be administered 

9 under Public Law 86–121 (the Indian Sanitation Facili10 ties Act) and Public Law 93–638, as amended. 

11 Funds appropriated to the Indian Health Service in 

12 this Act, except those used for administrative and program 

13 direction purposes, shall not be subject to limitations di14 rected at curtailing Federal travel and transportation. 

15 None of the funds made available to the Indian 

16 Health Service in this Act shall be used for any assess17 ments or charges by the Department of Health and 

18 Human Services unless identified in the budget justifica19 tion and provided in this Act, or approved by the House 

20 and Senate Committees on Appropriations through the re21 programming process. Personnel ceilings may not be im22 posed on the Indian Health Service nor may any action 

23 be taken to reduce the full time equivalent level of the 

24 Indian Health Service below the level in fiscal year 2002 

25 adjusted upward for the staffing of new and expanded fa-
94 

HR 2361 RH 

1 cilities, funding provided for staffing at the Lawton, Okla2 homa hospital in fiscal years 2003 and 2004, critical posi3 tions not filled in fiscal year 2002, and staffing necessary 

4 to carry out the intent of Congress with regard to program 

5 increases. 

6 Notwithstanding any other provision of law, funds 

7 previously or herein made available to a tribe or tribal or8 ganization through a contract, grant, or agreement au9 thorized by title I or title V of the Indian Self-Determina10 tion and Education Assistance Act of 1975 (25 U.S.C. 

11 450), may be deobligated and reobligated to a self-deter12 mination contract under title I, or a self-governance agree13 ment under title V of such Act and thereafter shall remain 

14 available to the tribe or tribal organization without fiscal 

15 year limitation. 

16 None of the funds made available to the Indian 

17 Health Service in this Act shall be used to implement the 

18 final rule published in the Federal Register on September 

19 16, 1987, by the Department of Health and Human Serv20 ices, relating to the eligibility for the health care services 

21 of the Indian Health Service until the Indian Health Serv22 ice has submitted a budget request reflecting the increased 

23 costs associated with the proposed final rule, and such re24 quest has been included in an appropriations Act and en25 acted into law. 
95 

HR 2361 RH 

1 With respect to functions transferred by the Indian 

2 Health Service to tribes or tribal organizations, the Indian 

3 Health Service is authorized to provide goods and services 

4 to those entities, on a reimbursable basis, including pay5 ment in advance with subsequent adjustment. The reim6 bursements received therefrom, along with the funds re7 ceived from those entities pursuant to the Indian Self-De8 termination Act, may be credited to the same or subse9 quent appropriation account which provided the funding. 

10 Such amounts shall remain available until expended. 

11 Reimbursements for training, technical assistance, or 

12 services provided by the Indian Health Service will contain 

13 total costs, including direct, administrative, and overhead 

14 associated with the provision of goods, services, or tech15 nical assistance. 

16 The appropriation structure for the Indian Health 

17 Service may not be altered without advance notification 

18 to the House and Senate Committees on Appropriations. 

19 NATIONAL INSTITUTES OF HEALTH

20 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

21 SCIENCES

22 For necessary expenses for the National Institute of 

23 Environmental Health Sciences in carrying out activities 

24 set forth in section 311(a) of the Comprehensive Environ25 mental Response, Compensation, and Liability Act of 
96 

HR 2361 RH 

1 1980, as amended, and section 126(g) of the Superfund 

2 Amendments and Reauthorization Act of 1986, 

3 $80,289,000. 

4 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

5 REGISTRY

6 TOXIC SUBSTANCES ANDENVIRONMENTAL PUBLIC

7 HEALTH

8 For necessary expenses for the Agency for Toxic Sub9 stances and Disease Registry (ATSDR) in carrying out 

10 activities set forth in sections 104(i), 111(c)(4), and 

11 111(c)(14) of the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 1980 

13 (CERCLA), as amended; section 118(f) of the Superfund 

14 Amendments and Reauthorization Act of 1986 (SARA), 

15 as amended; and section 3019 of the Solid Waste Disposal 

16 Act, as amended, $76,024,000, of which up to $1,500,000, 

17 to remain available until expended, is for Individual 

18 Learning Accounts for full-time equivalent employees of 

19 the Agency for Toxic Substances and Disease Registry: 

20 Provided, That notwithstanding any other provision of 

21 law, in lieu of performing a health assessment under sec22 tion 104(i)(6) of CERCLA, the Administrator of ATSDR 

23 may conduct other appropriate health studies, evaluations, 

24 or activities, including, without limitation, biomedical test25 ing, clinical evaluations, medical monitoring, and referral 
97 

HR 2361 RH 

1 to accredited health care providers: Provided further, That 

2 in performing any such health assessment or health study, 

3 evaluation, or activity, the Administrator of ATSDR shall 

4 not be bound by the deadlines in section 104(i)(6)(A) of 

5 CERCLA: Provided further, That none of the funds appro6 priated under this heading shall be available for ATSDR 

7 to issue in excess of 40 toxicological profiles pursuant to 

8 section 104(i) of CERCLA during fiscal year 2006, and 

9 existing profiles may be updated as necessary. 

10 OTHER RELATED AGENCIES 

11 EXECUTIVE OFFICE OF THE PRESIDENT

12 COUNCIL ON ENVIRONMENTAL QUALITY ANDOFFICE OF

13 ENVIRONMENTAL QUALITY

14 For necessary expenses to continue functions as15 signed to the Council on Environmental Quality and Office 

16 of Environmental Quality pursuant to the National Envi17 ronmental Policy Act of 1969, the Environmental Quality 

18 Improvement Act of 1970, and Reorganization Plan No. 

19 1 of 1977, and not to exceed $750 for official reception 

20 and representation expenses, $2,717,000: Provided, That 

21 notwithstanding section 202 of the National Environ22 mental Policy Act of 1970, the Council shall consist of 

23 one member, appointed by the President, by and with the 

24 advice and consent of the Senate, serving as chairman and 

25 exercising all powers, functions, and duties of the Council. 
98 

HR 2361 RH 

1 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

2 SALARIES ANDEXPENSES

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. 
99 

HR 2361 RH 

1 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

2 SALARIES ANDEXPENSES

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. 
100 

HR 2361 RH 

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 ANDEXPENSES

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 
101 

HR 2361 RH 

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 
102 

HR 2361 RH 

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 
103 

HR 2361 RH 

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 ANDEXPENSES

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-
104 

HR 2361 RH 

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 ANDRENOVATION 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 
105 

HR 2361 RH 

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 ANDMAINTENANCE

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 ANDEXPENSES

24 For expenses necessary in carrying out the provisions 

25 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 
106 

HR 2361 RH 

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 ANDTHE

4 HUMANITIES

5 NATIONAL ENDOWMENT FOR THE ARTS

6 GRANTS ANDADMINISTRATION

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 shall be available to the Na10 tional Endowment for the Arts for the support of projects 

11 and productions in the arts through assistance to organi12 zations and individuals pursuant to sections 5(c) and 5(g) 

13 of the Act, including $14,922,000 for support of arts edu14 cation and public outreach activities through the Chal15 lenge America program, for program support, and for ad16 ministering the functions of the Act, to remain available 

17 until expended: Provided, That funds previously appro18 priated to the National Endowment for the Arts ‘‘Match19 ing Grants’’ account and ‘‘Challenge America’’ account 

20 may be transferred to and merged with this account. 

21 NATIONAL ENDOWMENT FOR THE HUMANITIES

22 GRANTS ANDADMINISTRATION

23 For necessary expenses to carry out the National 

24 Foundation on the Arts and the Humanities Act of 1965, 

25 as amended, $122,605,000, shall be available to the Na-
107 

HR 2361 RH 

1 tional Endowment for the Humanities for support of ac2 tivities in the humanities, pursuant to section 7(c) of the 

3 Act, and for administering the functions of the Act, to 

4 remain available until expended. 

5 MATCHING GRANTS

6 To carry out the provisions of section 10(a)(2) of the 

7 National Foundation on the Arts and the Humanities Act 

8 of 1965, as amended, $15,449,000, to remain available 

9 until expended, of which $10,000,000 shall be available 

10 to the National Endowment for the Humanities for the 

11 purposes of section 7(h): Provided, That this appropria12 tion shall be available for obligation only in such amounts 

13 as may be equal to the total amounts of gifts, bequests, 

14 and devises of money, and other property accepted by the 

15 chairman or by grantees of the Endowment under the pro16 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

17 the current and preceding fiscal years for which equal 

18 amounts have not previously been appropriated. 

19 ADMINISTRATIVE PROVISIONS

20 None of the funds appropriated to the National 

21 Foundation on the Arts and the Humanities may be used 

22 to process any grant or contract documents which do not 

23 include the text of 18 U.S.C. 1913: Provided, That none 

24 of the funds appropriated to the National Foundation on 

25 the Arts and the Humanities may be used for official re26 ception and representation expenses: Provided further, 
108 

HR 2361 RH 

1 That funds from nonappropriated sources may be used as 

2 necessary for official reception and representation ex3 penses: Provided further, That the Chairperson of the Na4 tional Endowment for the Arts may approve grants up to 

5 $10,000, if in the aggregate this amount does not exceed 

6 5 percent of the sums appropriated for grant-making pur7 poses per year: Provided further, That such small grant 

8 actions are taken pursuant to the terms of an expressed 

9 and direct delegation of authority from the National Coun10 cil on the Arts to the Chairperson. 

11 COMMISSION OF FINE ARTS

12 SALARIES ANDEXPENSES

13 For expenses made necessary by the Act establishing 

14 a Commission of Fine Arts (40 U.S.C. 104), $1,893,000: 

15 Provided, That the Commission is authorized to charge 

16 fees to cover the full costs of its publications, and such 

17 fees shall be credited to this account as an offsetting col18 lection, to remain available until expended without further 

19 appropriation. 

20 NATIONAL CAPITAL ARTS ANDCULTURAL AFFAIRS

21 For necessary expenses as authorized by Public Law 

22 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000: Pro23 vided, That no one organization shall receive a grant in 

24 excess of $400,000 in a single year. 
109 

HR 2361 RH 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES ANDEXPENSES

For necessary expenses of the Advisory Council on 

Historic Preservation (Public Law 89–665, as amended), 

$4,860,000: Provided, That none of these funds shall 

be available for compensation of level V of the Executive 

Schedule or higher positions. 

1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES ANDEXPENSES

3 For necessary expenses, as authorized by the Na4 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

5 including services as authorized by 5 U.S.C. 3109, 

6 $8,177,000: Provided, That one-quarter of 1 percent of 

7 the funds provided under this heading may be used for 

8 official reception and representational expenses to host 

9 international visitors engaged in the planning and physical 

10 development of world capitals. 

11 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

12 HOLOCAUST MEMORIAL MUSEAUM

13 For expenses of the Holocaust Memorial Museum, as 

14 authorized by Public Law 106–292 (36 U.S.C. 2301– 

15 2310), $41,880,000, of which $1,874,000 for the muse16 um’s repair and rehabilitation program and $1,246,000 

17 for the museum’s exhibitions program shall remain avail18 able until expended. 
110 

HR 2361 RH 

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. 
111 

HR 2361 RH 

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. 
112 

HR 2361 RH 

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 
113 

HR 2361 RH 

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. 
114 

HR 2361 RH 

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 
115 

HR 2361 RH 

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 
116 

HR 2361 RH 

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); 
117 

HR 2361 RH 

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. None of the funds in this Act may be used 

13 to support Government-wide administrative functions un14 less such functions are justified in the budget process and 

15 funding is approved by the House and Senate Committees 

16 on Appropriations. 

17 SEC. 414. Amounts deposited during fiscal year 2005 

18 in the roads and trails fund provided for in the 14th para19 graph under the heading ‘‘FOREST SERVICE’’ of the 

20 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 

21 be used by the Secretary of Agriculture, without regard 

22 to the State in which the amounts were derived, to repair 

23 or reconstruct roads, bridges, and trails on National For24 est System lands or to carry out and administer projects 

25 to improve forest health conditions, which may include the 
118 

HR 2361 RH 

1 repair or reconstruction of roads, bridges, and trails on 

2 National Forest System lands in the wildland-community 

3 interface where there is an abnormally high risk of fire. 

4 The projects shall emphasize reducing risks to human 

5 safety and public health and property and enhancing eco6 logical functions, long-term forest productivity, and bio7 logical integrity. The projects may be completed in a sub8 sequent fiscal year. Funds shall not be expended under 

9 this section to replace funds which would otherwise appro10 priately be expended from the timber salvage sale fund. 

11 Nothing in this section shall be construed to exempt any 

12 project from any environmental law. 

13 SEC. 415. Other than in emergency situations, none 

14 of the funds in this Act may be used to operate telephone 

15 answering machines during core business hours unless 

16 such answering machines include an option that enables 

17 callers to reach promptly an individual on-duty with the 

18 agency being contacted. 

19 SEC. 416. Prior to October 1, 2006, the Secretary 

20 of Agriculture shall not be considered to be in violation 

21 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

22 Renewable Resources Planning Act of 1974 (16 U.S.C. 

23 1604(f)(5)(A)) solely because more than 15 years have 

24 passed without revision of the plan for a unit of the Na25 tional Forest System. Nothing in this section exempts the 
119 

HR 2361 RH 

1 Secretary from any other requirement of the Forest and 

2 Rangeland Renewable Resources Planning Act (16 U.S.C. 

3 1600 et seq.) or any other law: Provided, That if the Sec4 retary is not acting expeditiously and in good faith, within 

5 the funding available, to revise a plan for a unit of the 

6 National Forest System, this section shall be void with re7 spect to such plan and a court of proper jurisdiction may 

8 order completion of the plan on an accelerated basis. 

9 SEC. 417. No funds provided in this Act may be ex10 pended to conduct preleasing, leasing and related activities 

11 under either the Mineral Leasing Act (30 U.S.C. 181 et 

12 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

13 1331 et seq.) within the boundaries of a National Monu14 ment established pursuant to the Act of June 8, 1906 (16 

15 U.S.C. 431 et seq.) as such boundary existed on January 

16 20, 2001, except where such activities are allowed under 

17 the Presidential proclamation establishing such monu18 ment. 

19 SEC. 418. EXTENSION OF FOREST SERVICE CONVEY20 ANCES PILOT PROGRAM.—Section 329 of the Department 

21 of the Interior and Related Agencies Appropriations Act, 

22 2002 (16 U.S.C. 580d note; Public Law 107–63) is 

23 amended— 

24 (1) in subsection (b), by striking ‘‘40’’ and in25 serting ‘‘60’’; 
120 

HR 2361 RH 

1 (2) in subsection (c) by striking ‘‘13’’ and in2 serting ‘‘25’’; and 

3 (3) in subsection (d), by striking ‘‘2008’’ and 

4 inserting ‘‘2009’’. 

5 SEC. 419. In entering into agreements with foreign 

6 countries pursuant to the Wildfire Suppression Assistance 

7 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

8 the Secretary of the Interior are authorized to enter into 

9 reciprocal agreements in which the individuals furnished 

10 under said agreements to provide wildfire services are con11 sidered, for purposes of tort liability, employees of the 

12 country receiving said services when the individuals are 

13 engaged in fire suppression: Provided, That the Secretary 

14 of Agriculture or the Secretary of the Interior shall not 

15 enter into any agreement under this provision unless the 

16 foreign country (either directly or through its fire organi17 zation) agrees to assume any and all liability for the acts 

18 or omissions of American firefighters engaged in fire19 fighting in a foreign country: Provided further, That when 

20 an agreement is reached for furnishing fire fighting serv21 ices, the only remedies for acts or omissions committed 

22 while fighting fires shall be those provided under the laws 

23 of the host country, and those remedies shall be the exclu24 sive remedies for any claim arising out of fighting fires 

25 in a foreign country: Provided further, That neither the 
121 

HR 2361 RH 

1 sending country nor any legal organization associated with 

2 the firefighter shall be subject to any legal action whatso3 ever pertaining to or arising out of the firefighter’s role 

4 in fire suppression. 

5 SEC. 420. None of the funds made available in this 

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in, this Act or any other appropriations Act. 

10 SEC. 421. In awarding a Federal contract with funds 

11 made available by this Act, notwithstanding Federal gov12 ernment procurement and contracting laws, the Secretary 

13 of Agriculture and the Secretary of the Interior (the ‘‘Sec14 retaries’’) may, in evaluating bids and proposals, give con15 sideration to local contractors who are from, and who pro16 vide employment and training for, dislocated and displaced 

17 workers in an economically disadvantaged rural commu18 nity, including those historically timber-dependent areas 

19 that have been affected by reduced timber harvesting on 

20 Federal lands and other forest-dependent rural commu21 nities isolated from significant alternative employment op22 portunities: Provided, That notwithstanding Federal Gov23 ernment procurement and contracting laws the Secretaries 

24 may award contracts, grants or cooperative agreements to 

25 local non-profit entities, Youth Conservation Corps or re-
122 

HR 2361 RH 

1 lated partnerships with State, local or non-profit youth 

2 groups, or small or disadvantaged business or micro-busi3 ness: Provided further, That the contract, grant, or cooper4 ative agreement is for forest hazardous fuels reduction, 

5 watershed or water quality monitoring or restoration, wild6 life or fish population monitoring, or habitat restoration 

7 or management: Provided further, That the terms ‘‘rural 

8 community’’ and ‘‘economically disadvantaged’’ shall have 

9 the same meanings as in section 2374 of Public Law 101– 

10 624: Provided further, That the Secretaries shall develop 

11 guidance to implement this section: Provided further, That 

12 nothing in this section shall be construed as relieving the 

13 Secretaries of any duty under applicable procurement 

14 laws, except as provided in this section. 

15 SEC. 422. No funds appropriated in this Act for the 

16 acquisition of lands or interests in lands may be expended 

17 for the filing of declarations of taking or complaints in 

18 condemnation without the approval of the House and Sen19 ate Committees on Appropriations: Provided, That this 

20 provision shall not apply to funds appropriated to imple21 ment the Everglades National Park Protection and Ex22 pansion Act of 1989, or to funds appropriated for Federal 

23 assistance to the State of Florida to acquire lands for Ev24 erglades restoration purposes. 
123 

HR 2361 RH 

1 SEC. 423. (a) LIMITATION ON COMPETITIVE

2 SOURCING STUDIES.— 

3 (1) Of the funds made available by this or any 

4 other Act to the Department of the Interior for fis5 cal year 2006, not more than $3,450,000 may be 

6 used by the Secretary of the Interior to initiate or 

7 continue competitive sourcing studies in fiscal year 

8 2006 for programs, projects, and activities for which 

9 funds are appropriated by this Act and such funds 

10 shall not be available until the Secretary submits a 

11 reprogramming proposal to the Committees on Ap12 propriations of the Senate and the House of Rep13 resentatives, and such proposal has been processed 

14 consistent with the reprogramming guidelines in 

15 House Report 108–330. 

16 (2) Of the funds appropriated by this Act, not 

17 more than $2,500,000 may be used in fiscal year 

18 2006 for competitive sourcing studies and related 

19 activities by the Forest Service. 

20 (b) COMPETITIVE SOURCING STUDY DEFINED.—In 

21 this section, the term ‘‘competitive sourcing study’’ means 

22 a study on subjecting work performed by Federal Govern23 ment employees or private contractors to public-private 

24 competition or on converting the Federal Government em25 ployees or the work performed by such employees to pri-
124 

HR 2361 RH 

1 vate contractor performance under the Office of Manage2 ment and Budget Circular A–76 or any other administra3 tive regulation, directive, or policy. 

4 (c) COMPETITIVE SOURCING EXEMPTION FOR FOR5 EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL

6 YEAR 2006.—Notwithstanding requirements of Office of 

7 Management and Budget Circular A–76, Attachment B, 

8 the Forest Service is hereby exempted from implementing 

9 the Letter of Obligation and post-competition account10 ability guidelines where a competitive sourcing study in11 volved 65 or fewer full-time equivalents, the performance 

12 decision was made in favor of the agency provider; no net 

13 savings was achieved by conducting the study, and the 

14 study was completed prior to the date of this Act. 

15 (d) In preparing any reports to the Committees on 

16 Appropriations on competitive sourcing activities, agencies 

17 funded in this Act shall include the incremental cost di18 rectly attributable to conducting the competitive sourcing 

19 competitions, including costs attributable to paying out20 side consultants and contractors and, in accordance with 

21 full cost accounting principles, all costs attributable to de22 veloping, implementing, supporting, managing, moni23 toring, and reporting on competitive sourcing, including 

24 personnel, consultant, travel, and training costs associated 

25 with program management. 
125 

HR 2361 RH 

1 SEC. 424. Estimated overhead charges, deductions, 

2 reserves or holdbacks from programs, projects and activi3 ties to support governmentwide, departmental, agency or 

4 bureau administrative functions or headquarters, regional 

5 or central office operations shall be presented in annual 

6 budget justifications. Changes to such estimates shall be 

7 presented to the Committees on Appropriations for ap8 proval. 

9 SEC. 425. None of the funds in this Act or prior Acts 

10 making appropriations for the Department of the Interior 

11 and Related Agencies may be provided to the managing 

12 partners or their agents for the SAFECOM or Disaster 

13 Management projects. 

14 SEC. 426. (a) IN GENERAL.—An entity that enters 

15 into a contract with the United States to operate the Na16 tional Recreation Reservation Service (as solicited by the 

17 solicitation numbered WO–04–06vm) shall not carry out 

18 any duties under the contract using: 

19 (1) a contact center located outside the United 

20 States; or 

21 (2) a reservation agent who does not live in the 

22 United States. 

23 (b) NO WAIVER.—The Secretary of Agriculture may 

24 not waive the requirements of subsection (a). 
126 

HR 2361 RH 

1 (c) TELECOMMUTING.—A reservation agent who is 

2 carrying out duties under the contract described in sub3 section (a) may not telecommute from a location outside 

4 the United States. 

5 (d) LIMITATIONS.—Nothing in this Act shall be con6 strued to apply to any employee of the entity who is not 

7 a reservation agent carrying out the duties under the con8 tract described in subsection (a) or who provides manage9 rial or support services. 

10 SEC. 427. Section 331, of Public Law 106–113, is 

11 amended— 

12 (1) in part (a) by striking ‘‘2005’’ and inserting 

13 ‘‘2009’’; and 

14 (2) in part (b) by striking ‘‘2005’’ and inserting 

15 ‘‘2009’’. 

16 SEC. 428. Section 330 of the Department of the Inte17 rior and Related Agencies Appropriations Act, 2001 (Pub18 lic Law 106–291; 114 Stat. 996; 43 U.S.C. 1701 note), 

19 is amended— 

20 (1) in the first sentence, by striking ‘‘2005’’ 

21 and inserting ‘‘2008’’; 

22 (2) in the third sentence, by inserting ‘‘, Na23 tional Park Service, Fish and Wildlife Service,’’ 

24 after ‘‘Bureau of Land Management’’; and 
127 

HR 2361 RH 

1 (3) by adding at the end the following new sen2 tence: ‘‘To facilitate the sharing of resources under 

3 the Service First initiative, the Secretaries of the In4 terior and Agriculture may make transfers of funds 

5 and reimbursement of funds on an annual basis 

6 among the land management agencies referred to in 

7 this section, except that this authority may not be 

8 used to circumvent requirements and limitations im9 posed on the use of funds.’’. 

10 SEC. 429. The Secretary of Agriculture may acquire, 

11 by exchange or otherwise, a parcel of real property, includ12 ing improvements thereon, of the Inland Valley Develop13 ment Agency of San Bernardino, California, or its succes14 sors and assigns, generally comprising Building No. 3 and 

15 Building No. 4 of the former Defense Finance and Ac16 counting Services complex located at the southwest corner 

17 of Tippecanoe Avenue and Mill Street in San Bernardino, 

18 California, adjacent to the former Norton Air Force Base. 

19 As full consideration for the property to be acquired, the 

20 Secretary of Agriculture may terminate the leasehold 

21 rights of the United States received pursuant to section 

22 8121(a)(2) of the Department of Defense Appropriations 

23 Act, 2005 (Public Law 108–287; 118 Stat. 999). The ac24 quisition of the property shall be on such terms and condi25 tions as the Secretary of Agriculture considers appropriate 
128 

HR 2361 RH 

1 and may be carried out without appraisals, environmental 

2 or administrative surveys, consultations, analyses, or other 

3 considerations of the condition of the property. 

4 SEC. 430. The Secretary of the Interior shall submit 

5 to the House Committee on Appropriations a report detail6 ing the Federal expenditures pursuant to the Southern 

7 Nevada Public Lands Management Act (section 4(e)(3) of 

8 Public Law 105–263) for fiscal years 2003 and 2004. 

9 SEC. 431. None of the funds in this Act may be used 

10 to prepare or issue a permit or lease for oil or gas drilling 

11 in the Finger Lakes National Forest, New York, during 

12 fiscal year 2006. 

13 This Act may be cited as the ‘‘Department of the In14 terior, Environment, and Related Agencies Appropriations 

15 Act, 2006’’. 

Union Calendar No. 39 

109TH CONGRESS 

1ST SESSION H. R. 2361 

[Report No. 109–80] 

A BILL 

Making appropriations for the Department of the 

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

MAY 13, 2005 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed