II 

Calendar No. 125

109TH CONGRESS 

1ST SESSION H.R. 2361

[Report No. 109–80] 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2005

Received; read twice and referred to the Committee on Appropriations 

JUNE 10, 2005

Reported, under authority of the order of the Senate of January 4, 2005, by 

Mr. BURNS, with an amendment 

[Strike all after the enacting clause and insert the part printed in italic] 

AN ACT

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2006, and for other purposes.

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

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 

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

7 and for other purposes, namely: 
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1 TITLE I—DEPARTMENT OF THE INTERIOR 

2 BUREAU OF LAND MANAGEMENT

3 MANAGEMENT OF LANDS AND RESOURCES

4 For necessary expenses for protection, use, improve5 ment, development, disposal, cadastral surveying, classi6 fication, acquisition of easements and other interests in 

7 lands, and performance of other functions, including main8 tenance of facilities, as authorized by law, in the manage9 ment of lands and their resources under the jurisdiction 

10 of the Bureau of Land Management, including the general 

11 administration of the Bureau, and assessment of mineral 

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

13 (16 U.S.C. 3150(a)), $845,783,000, to remain available 

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

15 projects, to be carried out by the Youth Conservation 

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

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

18 by the National Fish and Wildlife Foundation for cost19 shared projects supporting conservation of Bureau lands; 

20 and such funds shall be advanced to the Foundation as 

21 a lump sum grant without regard to when expenses are 

22 incurred. 

23 In addition, $32,696,000 is for Mining Law Adminis24 tration program operations, including the cost of admin25 istering the mining claim fee program; to remain available 
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1 until expended, to be reduced by amounts collected by the 

2 Bureau and credited to this appropriation from annual 

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

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

5 $2,000,000, to remain available until expended, from com6 munication site rental fees established by the Bureau for 

7 the cost of administering communication site activities. 

8 WILDLAND FIRE MANAGEMENT

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses for fire preparedness, sup11 pression operations, fire science and research, emergency 

12 rehabilitation, hazardous fuels reduction, and rural fire as13 sistance by the Department of the Interior, $761,564,000, 

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

15 $7,849,000 shall be for the renovation or construction of 

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

17 for repayment of advances to other appropriation accounts 

18 from which funds were previously transferred for such 

19 purposes: Provided further, That persons hired pursuant 

20 to 43 U.S.C. 1469 may be furnished subsistence and lodg21 ing without cost from funds available from this appropria22 tion: Provided further, That notwithstanding 42 U.S.C. 

23 1856d, sums received by a bureau or office of the Depart24 ment of the Interior for fire protection rendered pursuant 

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

26 property, may be credited to the appropriation from which 
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1 funds were expended to provide that protection, and are 

2 available without fiscal year limitation: Provided further, 

3 That using the amounts designated under this title of this 

4 Act, the Secretary of the Interior may enter into procure5 ment contracts, grants, or cooperative agreements, for 

6 hazardous fuels reduction activities, and for training and 

7 monitoring associated with such hazardous fuels reduction 

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

9 land for activities that benefit resources on Federal land: 

10 Provided further, That the costs of implementing any co11 operative agreement between the Federal Government and 

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

13 on by the affected parties: Provided further, That notwith14 standing requirements of the Competition in Contracting 

15 Act, the Secretary, for purposes of hazardous fuels reduc16 tion activities, may obtain maximum practicable competi17 tion among: (1) local private, nonprofit, or cooperative en18 tities; (2) Youth Conservation Corps crews or related part19 nerships with State, local, or non-profit youth groups; (3) 

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

21 hire or train locally a significant percentage, defined as 

22 50 percent or more, of the project workforce to complete 

23 such contracts: Provided further, That in implementing 

24 this section, the Secretary shall develop written guidance 

25 to field units to ensure accountability and consistent appli-
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1 cation of the authorities provided herein: Provided further, 

2 That funds appropriated under this head may be used to 

3 reimburse the United States Fish and Wildlife Service and 

4 the National Marine Fisheries Service for the costs of car5 rying out their responsibilities under the Endangered Spe6 cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 

7 conference, as required by section 7 of such Act, in con8 nection with wildland fire management activities: Provided 

9 further, That the Secretary of the Interior may use 

10 wildland fire appropriations to enter into non-competitive 

11 sole source leases of real property with local governments, 

12 at or below fair market value, to construct capitalized im13 provements for fire facilities on such leased properties, in14 cluding but not limited to fire guard stations, retardant 

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

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

17 construction activity associated with the lease: Provided 

18 further, That the Secretary of the Interior and the Sec19 retary of Agriculture may authorize the transfer of funds 

20 appropriated for wildland fire management, in an aggre21 gate amount not to exceed $9,000,000, between the De22 partments when such transfers would facilitate and expe23 dite jointly funded wildland fire management programs 

24 and projects: Provided further, That funds provided for 
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1 wildfire suppression shall be available for support of Fed2 eral emergency response actions. 

3 CONSTRUCTION

4 For construction of buildings, recreation facilities, 

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

6 remain available until expended. 

7 LAND ACQUISITION

8 For expenses necessary to carry out sections 205, 

9 206, and 318(d) of Public Law 94–579, including admin10 istrative expenses and acquisition of lands or waters, or 

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

12 and Water Conservation Fund and to remain available 

13 until expended. 

14 OREGON AND CALIFORNIA GRANT LANDS

15 For expenses necessary for management, protection, 

16 and development of resources and for construction, oper17 ation, and maintenance of access roads, reforestation, and 

18 other improvements on the revested Oregon and California 

19 Railroad grant lands, on other Federal lands in the Or20 egon and California land-grant counties of Oregon, and 

21 on adjacent rights-of-way; and acquisition of lands or in22 terests therein, including existing connecting roads on or 

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

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

25 aggregate of all receipts during the current fiscal year 

26 from the revested Oregon and California Railroad grant 
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1 lands is hereby made a charge against the Oregon and 

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

3 General Fund in the Treasury in accordance with the sec4 ond paragraph of subsection (b) of title II of the Act of 

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

6 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

7 (REVOLVING FUND, SPECIAL ACCOUNT)

8 In addition to the purposes authorized in Public Law 

9 102–381, funds made available in the Forest Ecosystem 

10 Health and Recovery Fund can be used for the purpose 

11 of planning, preparing, implementing and monitoring sal12 vage timber sales and forest ecosystem health and recovery 

13 activities, such as release from competing vegetation and 

14 density control treatments. The Federal share of receipts 

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

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

17 1181f–1 et seq., and Public Law 106–393) derived from 

18 treatments funded by this account shall be deposited into 

19 the Forest Ecosystem Health and Recovery Fund. 

20 RANGE IMPROVEMENTS

21 For rehabilitation, protection, and acquisition of 

22 lands and interests therein, and improvement of Federal 

23 rangelands pursuant to section 401 of the Federal Land 

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

25 notwithstanding any other Act, sums equal to 50 percent 

26 of all moneys received during the prior fiscal year under 
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1 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

2 315 et seq.) and the amount designated for range improve3 ments from grazing fees and mineral leasing receipts from 

4 Bankhead-Jones lands transferred to the Department of 

5 the Interior pursuant to law, but not less than 

6 $10,000,000, to remain available until expended: Pro7 vided, That not to exceed $600,000 shall be available for 

8 administrative expenses. 

9 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

10 For administrative expenses and other costs related 

11 to processing application documents and other authoriza12 tions for use and disposal of public lands and resources, 

13 for costs of providing copies of official public land docu14 ments, for monitoring construction, operation, and termi15 nation of facilities in conjunction with use authorizations, 

16 and for rehabilitation of damaged property, such amounts 

17 as may be collected under Public Law 94–579, as amend18 ed, and Public Law 93–153, to remain available until ex19 pended: Provided, That, notwithstanding any provision to 

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

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

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

23 forfeiture, compromise, or settlement, if not appropriate 

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

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

26 under the authority of this Act by the Secretary to im-
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1 prove, protect, or rehabilitate any public lands adminis2 tered through the Bureau of Land Management which 

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

4 purchaser, permittee, or any unauthorized person, without 

5 regard to whether all moneys collected from each such ac6 tion are used on the exact lands damaged which led to 

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

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

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

10 repair other damaged public lands. 

11 MISCELLANEOUS TRUST FUNDS

12 In addition to amounts authorized to be expended 

13 under existing laws, there is hereby appropriated such 

14 amounts as may be contributed under section 307 of the 

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

16 amounts as may be advanced for administrative costs, sur17 veys, appraisals, and costs of making conveyances of omit18 ted lands under section 211(b) of that Act, to remain 

19 available until expended. 

20 ADMINISTRATIVE PROVISIONS

21 Appropriations for the Bureau of Land Management 

22 shall be available for purchase, erection, and dismantle23 ment of temporary structures, and alteration and mainte24 nance of necessary buildings and appurtenant facilities to 

25 which the United States has title; up to $100,000 for pay26 ments, at the discretion of the Secretary, for information 
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1 or evidence concerning violations of laws administered by 

2 the Bureau; miscellaneous and emergency expenses of en3 forcement activities authorized or approved by the Sec4 retary and to be accounted for solely on her certificate, 

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

6 U.S.C. 501, the Bureau may, under cooperative cost-shar7 ing and partnership arrangements authorized by law, pro8 cure printing services from cooperators in connection with 

9 jointly produced publications for which the cooperators 

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

11 and the Bureau determines the cooperator is capable of 

12 meeting accepted quality standards. 

13 UNITED STATES FISH AND WILDLIFE SERVICE

14 RESOURCE MANAGEMENT

15 For necessary expenses of the United States Fish and 

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

17 and economic studies, maintenance of the herd of long18 horned cattle on the Wichita Mountains Wildlife Refuge, 

19 general administration, and for the performance of other 

20 authorized functions related to such resources by direct 

21 expenditure, contracts, grants, cooperative agreements 

22 and reimbursable agreements with public and private enti23 ties, $1,005,225,000, to remain available until September 

24 30, 2007, except as otherwise provided herein: Provided, 

25 That $2,000,000 is for high priority projects, which shall 
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1 be carried out by the Youth Conservation Corps: Provided 

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

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

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

5 that are indigenous to the United States (except for proc6 essing petitions, developing and issuing proposed and final 

7 regulations, and taking any other steps to implement ac8 tions described in subsection (c)(2)(A), (c)(2)(B)(i), or 

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

10 be used for any activity regarding the designation of crit11 ical habitat, pursuant to subsection (a)(3), excluding liti12 gation support, for species listed pursuant to subsection 

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

14 of the amount available for law enforcement, up to 

15 $400,000, to remain available until expended, may, at the 

16 discretion of the Secretary, be used for payment for infor17 mation, rewards, or evidence concerning violations of laws 

18 administered by the Service, and miscellaneous and emer19 gency expenses of enforcement activity, authorized or ap20 proved by the Secretary and to be accounted for solely on 

21 her certificate: Provided further, That of the amount pro22 vided for environmental contaminants, up to $1,000,000 

23 may remain available until expended for contaminant sam24 ple analyses. 
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1 CONSTRUCTION

2 For construction, improvement, acquisition, or re3 moval of buildings and other facilities required in the con4 servation, management, investigation, protection, and uti5 lization of fishery and wildlife resources, and the acquisi6 tion of lands and interests therein; $41,206,000, to remain 

7 available until expended. 

8 LAND ACQUISITION

9 For expenses necessary to carry out the Land and 

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

11 U.S.C. 460l–4 through 11), including administrative ex12 penses, and for acquisition of land or waters, or interest 

13 therein, in accordance with statutory authority applicable 

14 to the United States Fish and Wildlife Service, 

15 $14,937,000 to be derived from the Land and Water Con16 servation Fund and to remain available until expended: 

17 Provided, That land and non-water interests acquired 

18 from willing sellers incidental to water rights acquired for 

19 the transfer and use at Lower Klamath and Tule Lake 

20 National Wildlife Refuges under this heading shall be re21 sold and the revenues therefrom shall be credited to this 

22 account and shall be available without further appropria23 tion for the acquisition of water rights, including acquisi24 tion of interests in lands incidental to such water rights, 

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

26 funds appropriated for specific land acquisition projects 
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1 can be used to pay for any administrative overhead, plan2 ning or other management costs. 

3 LANDOWNER INCENTIVE PROGRAM

4 For expenses necessary to carry out the Land and 

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

6 U.S.C. 460l–4 through 11), including administrative ex7 penses, and for private conservation efforts to be carried 

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

9 Land and Water Conservation Fund, and to remain avail10 able until expended: Provided, That the amount provided 

11 herein is for a Landowner Incentive Program established 

12 by the Secretary that provides matching, competitively 

13 awarded grants to States, the District of Columbia, feder14 ally recognized Indian tribes, Puerto Rico, Guam, the 

15 United States Virgin Islands, the Northern Mariana Is16 lands, and American Samoa, to establish or supplement 

17 existing landowner incentive programs that provide tech18 nical and financial assistance, including habitat protection 

19 and restoration, to private landowners for the protection 

20 and management of habitat to benefit federally listed, pro21 posed, candidate, or other at-risk species on private lands. 

22 PRIVATE STEWARDSHIP GRANTS

23 For expenses necessary to carry out the Land and 

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

25 U.S.C. 460l–4 through 11), including administrative ex26 penses, and for private conservation efforts to be carried 
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1 out on private lands, $7,386,000, to be derived from the 

2 Land and Water Conservation Fund, and to remain avail3 able until expended: Provided, That the amount provided 

4 herein is for the Private Stewardship Grants Program es5 tablished by the Secretary to provide grants and other as6 sistance to individuals and groups engaged in private con7 servation efforts that benefit federally listed, proposed, 

8 candidate, or other at-risk species. 

9 COOPERATIVE ENDANGERED SPECIES CONSERVATION

10 FUND

11 For expenses necessary to carry out section 6 of the 

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

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

14 derived from the Cooperative Endangered Species Con15 servation Fund and $64,239,000 is to be derived from the 

16 Land and Water Conservation Fund and to remain avail17 able until expended. 

18 NATIONAL WILDLIFE REFUGE FUND

19 For expenses necessary to implement the Act of Octo20 ber 17, 1978 (16 U.S.C. 715s), $14,414,000. 

21 NORTH AMERICAN WETLANDS CONSERVATION FUND

22 For expenses necessary to carry out the provisions 

23 of the North American Wetlands Conservation Act, Public 

24 Law 101–233, as amended, $40,000,000 to remain avail25 able until expended. 
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1 NEOTROPICAL MIGRATORY BIRD CONSERVATION

2 For financial assistance for projects to promote the 

3 conservation of neotropical migratory birds in accordance 

4 with the Neotropical Migratory Bird Conservation Act, 

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

6 to remain available until expended. 

7 MULTINATIONAL SPECIES CONSERVATION FUND

8 For expenses necessary to carry out the African Ele9 phant Conservation Act (16 U.S.C. 4201–4203, 4211–

10 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele11 phant Conservation Act of 1997 (Public Law 105–96; 16 

12 U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva13 tion Act of 1994 (16 U.S.C. 5301–5306), the Great Ape 

14 Conservation Act of 2000 (16 U.S.C. 6301), and, the Ma15 rine Turtle Conservation Act of 2004 (Public Law 108–

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

17 until expended. 

18 STATE AND TRIBAL WILDLIFE GRANTS

19 For wildlife conservation grants to States and to the 

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

21 States Virgin Islands, the Northern Mariana Islands, 

22 American Samoa, and federally recognized Indian tribes 

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

24 and the Fish and Wildlife Coordination Act, for the devel25 opment and implementation of programs for the benefit 

26 of wildlife and their habitat, including species that are not 
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1 hunted or fished, $65,000,000, to be derived from the 

2 Land and Water Conservation Fund, and to remain avail3 able until expended: Provided, That of the amount pro4 vided herein, $6,000,000 is for a competitive grant pro5 gram for Indian tribes not subject to the remaining provi6 sions of this appropriation: Provided further, That the Sec7 retary shall, after deducting said $6,000,000 and adminis8 trative expenses, apportion the amount provided herein in 

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

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

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

12 to Guam, American Samoa, the United States Virgin Is13 lands, and the Commonwealth of the Northern Mariana 

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

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

16 shall apportion the remaining amount in the following 

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

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

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

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

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

22 further, That the amounts apportioned under this para23 graph shall be adjusted equitably so that no State shall 

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

25 amount available for apportionment under this paragraph 
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1 for any fiscal year or more than 5 percent of such amount: 

2 Provided further, That the Federal share of planning 

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

4 such projects and the Federal share of implementation 

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

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

7 share of such projects may not be derived from Federal 

8 grant programs: Provided further, That no State, terri9 tory, or other jurisdiction shall receive a grant unless it 

10 has developed, by October 1, 2005, a comprehensive wild11 life conservation plan, consistent with criteria established 

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

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

14 and associated habitats, with appropriate priority placed 

15 on those species with the greatest conservation need and 

16 taking into consideration the relative level of funding 

17 available for the conservation of those species: Provided 

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

19 receive a grant if its comprehensive wildlife conservation 

20 plan is disapproved and such funds that would have been 

21 distributed to such State, territory, or other jurisdiction 

22 shall be distributed equitably to States, territories, and 

23 other jurisdictions with approved plans: Provided further, 

24 That any amount apportioned in 2006 to any State, terri25 tory, or other jurisdiction that remains unobligated as of 
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1 September 30, 2007, shall be reapportioned, together with 

2 funds appropriated in 2008, in the manner provided here3 in: Provided further, That balances from amounts pre4 viously appropriated under the heading ‘‘State Wildlife 

5 Grants’’ shall be transferred to and merged with this ap6 propriation and shall remain available until expended. 

7 ADMINISTRATIVE PROVISIONS

8 Appropriations and funds available to the United 

9 States Fish and Wildlife Service shall be available for pur10 chase of passenger motor vehicles; repair of damage to 

11 public roads within and adjacent to reservation areas 

12 caused by operations of the Service; options for the pur13 chase of land at not to exceed $1 for each option; facilities 

14 incident to such public recreational uses on conservation 

15 areas as are consistent with their primary purpose; and 

16 the maintenance and improvement of aquaria, buildings, 

17 and other facilities under the jurisdiction of the Service 

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

19 used pursuant to law in connection with management, and 

20 investigation of fish and wildlife resources: Provided, That 

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

22 cooperative cost sharing and partnership arrangements 

23 authorized by law, procure printing services from coopera24 tors in connection with jointly produced publications for 

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

26 printing either in cash or services and the Service deter-
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1 mines the cooperator is capable of meeting accepted qual2 ity standards: Provided further, That, notwithstanding any 

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

4 $2,000,000 from funds provided for contracts for employ5 ment-related legal services: Provided further, That the 

6 Service may accept donated aircraft as replacements for 

7 existing aircraft: Provided further, That, notwithstanding 

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

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

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

11 in the establishment of any new unit of the National Wild12 life Refuge System unless the purchase is approved in ad13 vance by the House and Senate Committees on Appropria14 tions in compliance with the reprogramming procedures 

15 contained in House Report 108–330. 

16 NATIONAL PARK SERVICE

17 OPERATION OF THE NATIONAL PARK SYSTEM

18 For expenses necessary for the management, oper19 ation, and maintenance of areas and facilities adminis20 tered by the National Park Service (including special road 

21 maintenance service to trucking permittees on a reimburs22 able basis), and for the general administration of the Na23 tional Park Service, $1,754,199,000, of which 

24 $30,000,000 is provided above the budget request to be 

25 distributed to all park areas on a pro-rate basis and to 
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1 remain in the park base; of which $9,892,000 is for plan2 ning and interagency coordination in support of Ever3 glades restoration and shall remain available until ex4 pended; of which $97,600,000, to remain available until 

5 September 30, 2007, is for maintenance, repair or reha6 bilitation projects for constructed assets, operation of the 

7 National Park Service automated facility management 

8 software system, and comprehensive facility condition as9 sessments; of which $1,937,000 is for the Youth Conserva10 tion Corps for high priority projects: Provided, That the 

11 only funds in this account which may be made available 

12 to support United States Park Police are those funds ap13 proved for emergency law and order incidents pursuant 

14 to established National Park Service procedures, those 

15 funds needed to maintain and repair United States Park 

16 Police administrative facilities, and those funds necessary 

17 to reimburse the United States Park Police account for 

18 the unbudgeted overtime and travel costs associated with 

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

20 event subject to the review and concurrence of the Wash21 ington headquarters office. 

22 UNITED STATES PARK POLICE

23 For expenses necessary to carry out the programs of 

24 the United States Park Police, $82,411,000. 
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1 NATIONAL RECREATION AND PRESERVATION

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 
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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-
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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 LAND AND WATER CONSERVATION FUND

18 (RESCISSION)

19 The contract authority provided for fiscal year 2006 

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

21 LAND ACQUISITION AND STATE 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 RS 

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 RS 

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 RS 

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, AND RESEARCH

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 RS 

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 RS 

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 RS 

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 AND OFFSHORE 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 RS 

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 RS 

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 AND TECHNOLOGY

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 LAND AND WATER 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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 RS 

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 AND EXPENSES

24 For necessary expenses for management of the De25 partment of the Interior, $118,755,000 (reduced by 

26 $8,000,000) (reduced by $13,000,000) of which not to ex-
45

HR 2361 RS 

1 ceed $8,500 may be for official reception and representa2 tion expenses; and of which up to $1,000,000 shall be 

3 available for workers compensation payments and unem4 ployment compensation payments associated with the or5 derly closure of the United States Bureau of Mines: Pro6 vided, That none of the funds in this or previous appro7 priations Acts may be used to establish any additional re8 serves in the Working Capital Fund account other than 

9 the two authorized reserves without prior approval of the 

10 House and Senate Committees on Appropriations. 

11 PAYMENTS IN LIEU OF TAXES

12 For expenses necessary to implement the Act of Octo13 ber 20, 1976, as amended (31 U.S.C. 6901–6907), 

14 $230,000,000 (increased by $12,000,000), of which not 

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

16 expenses: Provided, That no payment shall be made to oth17 erwise eligible units of local government if the computed 

18 amount of the payment is less than $100. 

19 CENTRAL HAZARDOUS MATERIALS FUND

20 For necessary expenses of the Department of the In21 terior and any of its component offices and bureaus for 

22 the remedial action, including associated activities, of haz23 ardous waste substances, pollutants, or contaminants pur24 suant to the Comprehensive Environmental Response, 

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

26 9601 et seq.), $9,855,000, to remain available until ex-
46

HR 2361 RS 

1 pended: Provided, That, notwithstanding 31 U.S.C. 3302, 

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

3 as reimbursement for remedial action or response activi4 ties conducted by the Department pursuant to section 107 

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

6 to be available until expended without further appropria7 tion: Provided further, That such sums recovered from or 

8 paid by any party are not limited to monetary payments 

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

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

11 disposed of by the Secretary and which shall be credited 

12 to this account. 

13 OFFICE OF THE SOLICITOR

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of the Solicitor, 

16 $55,340,000. 

17 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Inspector 

20 General, $39,566,000. 

21 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

22 FEDERAL TRUST PROGRAMS

23 For the operation of trust programs for Indians by 

24 direct expenditure, contracts, cooperative agreements, 

25 compacts, and grants, $191,593,000, to remain available 
47

HR 2361 RS 

1 until expended, of which not to exceed $58,000,000 from 

2 this or any other Act, shall be available for historical ac3 counting: Provided, That funds for trust management im4 provements and litigation support may, as needed, be 

5 transferred to or merged with the Bureau of Indian Af6 fairs, ‘‘Operation of Indian Programs’’ account; the Office 

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

8 Departmental Management, ‘‘Salaries and Expenses’’ ac9 count: Provided further, That funds made available to 

10 Tribes and Tribal organizations through contracts or 

11 grants obligated during fiscal year 2006, as authorized by 

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

13 et seq.), shall remain available until expended by the con14 tractor or grantee: Provided further, That, notwith15 standing any other provision of law, the statute of limita16 tions shall not commence to run on any claim, including 

17 any claim in litigation pending on the date of the enact18 ment of this Act, concerning losses to or mismanagement 

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

20 has been furnished with an accounting of such funds from 

21 which the beneficiary can determine whether there has 

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

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

24 to provide a quarterly statement of performance for any 

25 Indian trust account that has not had activity for at least 
48

HR 2361 RS 

1 18 months and has a balance of $1.00 or less: Provided 

2 further, That the Secretary shall issue an annual account 

3 statement and maintain a record of any such accounts and 

4 shall permit the balance in each such account to be with5 drawn upon the express written request of the account 

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

7 available for the Secretary to make payments to correct 

8 administrative errors of either disbursements from or de9 posits to Individual Indian Money or Tribal accounts after 

10 September 30, 2002: Provided further, That erroneous 

11 payments that are recovered shall be credited to and re12 main available in this account for this purpose. 

13 INDIAN LAND CONSOLIDATION

14 For consolidation of fractional interests in Indian 

15 lands and expenses associated with redetermining and re16 distributing escheated interests in allotted lands, and for 

17 necessary expenses to carry out the Indian Land Consoli18 dation Act of 1983, as amended, by direct expenditure or 

19 cooperative agreement, $34,514,000, to remain available 

20 until expended, and which may be transferred to the Bu21 reau of Indian Affairs and Departmental Management ac22 counts: Provided, That funds provided under this heading 

23 may be expended pursuant to the authorities contained in 

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

25 for American Indians, Indian Land Consolidation’’ of the 
49

HR 2361 RS 

1 Interior and Related Agencies Appropriations Act, 2001 

2 (Public Law 106–291). 

3 NATURAL RESOURCES DAMAGE ASSESSMENT AND

4 RESTORATION

5 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

6 To conduct natural resource damage assessment and 

7 restoration activities by the Department of the Interior 

8 necessary to carry out the provisions of the Comprehensive 

9 Environmental Response, Compensation, and Liability 

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

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

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

13 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as 

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

15 available until expended. 

16 ADMINISTRATIVE PROVISIONS

17 There is hereby authorized for acquisition from avail18 able resources within the Working Capital Fund, 15 air19 craft, 10 of which shall be for replacement and which may 

20 be obtained by donation, purchase or through available ex21 cess surplus property: Provided, That existing aircraft 

22 being replaced may be sold, with proceeds derived or 

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

24 replacement aircraft: Provided further, That no programs 

25 funded with appropriated funds in the ‘‘Departmental 

26 Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In-
50

HR 2361 RS 

1 spector General’’ may be augmented through the Working 

2 Capital Fund: Provided further, That the annual budget 

3 justification for Departmental Management shall describe 

4 estimated Working Capital Fund charges to bureaus and 

5 offices, including the methodology on which charges are 

6 based: Provided further, That departures from the Work7 ing Capital Fund estimates contained in the Departmental 

8 Management budget justification shall be presented to the 

9 Committees on Appropriations for approval: Provided fur10 ther, That the Secretary shall provide a semi-annual re11 port to the Committees on Appropriations on reimbursable 

12 support agreements between the Office of the Secretary 

13 and the National Business Center and the bureaus and 

14 offices of the Department, including the amounts billed 

15 pursuant to such agreements. 

16 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

18 available for expenditure or transfer (within each bureau 

19 or office), with the approval of the Secretary, for the emer20 gency reconstruction, replacement, or repair of aircraft, 

21 buildings, utilities, or other facilities or equipment dam22 aged or destroyed by fire, flood, storm, or other unavoid23 able causes: Provided, That no funds shall be made avail24 able under this authority until funds specifically made 

25 available to the Department of the Interior for emer-
51

HR 2361 RS 

1 gencies shall have been exhausted, and must be replen2 ished by a supplemental appropriation which must be re3 quested as promptly as possible. 

4 SEC. 102. The Secretary may authorize the expendi5 ture or transfer of any no year appropriation in this title, 

6 in addition to the amounts included in the budget pro7 grams of the several agencies, for the suppression or emer8 gency prevention of wildland fires on or threatening lands 

9 under the jurisdiction of the Department of the Interior; 

10 for the emergency rehabilitation of burned-over lands 

11 under its jurisdiction; for emergency actions related to po12 tential or actual earthquakes, floods, volcanoes, storms, or 

13 other unavoidable causes; for contingency planning subse14 quent to actual oil spills; for response and natural resource 

15 damage assessment activities related to actual oil spills; 

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

17 potential grasshopper and Mormon cricket outbreaks on 

18 lands under the jurisdiction of the Secretary, pursuant to 

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

20 (99 Stat. 1658); for emergency reclamation projects under 

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

22 any no year funds available to the Office of Surface Min23 ing Reclamation and Enforcement, such funds as may be 

24 necessary to permit assumption of regulatory authority in 

25 the event a primacy State is not carrying out the regu-
52

HR 2361 RS 

1 latory provisions of the Surface Mining Act: Provided, 

2 That appropriations made in this title for wildland fire 

3 operations shall be available for the payment of obligations 

4 incurred during the preceding fiscal year, and for reim5 bursement to other Federal agencies for destruction of ve6 hicles, aircraft, or other equipment in connection with 

7 their use for wildland fire operations, such reimbursement 

8 to be credited to appropriations currently available at the 

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

10 fire operations, no funds shall be made available under 

11 this authority until the Secretary determines that funds 

12 appropriated for ‘‘wildland fire operations’’ shall be ex13 hausted within 30 days, and must be replenished by a sup14 plemental appropriation which must be requested as 

15 promptly as possible: Provided further, That such replen16 ishment funds shall be used to reimburse, on a pro rata 

17 basis, accounts from which emergency funds were trans18 ferred. 

19 SEC. 103. Appropriations made to the Department 

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

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

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

23 maintenance, and operation of aircraft; hire of passenger 

24 motor vehicles; purchase of reprints; payment for tele25 phone service in private residences in the field, when au-
53

HR 2361 RS 

1 thorized under regulations approved by the Secretary; and 

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

3 for library membership in societies or associations which 

4 issue publications to members only or at a price to mem5 bers lower than to subscribers who are not members. 

6 SEC. 104. No funds provided in this title may be ex7 pended by the Department of the Interior for the conduct 

8 of offshore preleasing, leasing and related activities placed 

9 under restriction in the President’s moratorium statement 

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

11 southern California; the North Atlantic; Washington and 

12 Oregon; and the eastern Gulf of Mexico south of 26 de13 grees north latitude and east of 86 degrees west longitude. 

14 SEC. 105. No funds provided in this title may be ex15 pended by the Department of the Interior to conduct off16 shore oil and natural gas preleasing, leasing and related 

17 activities in the eastern Gulf of Mexico planning area for 

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

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

20 Program, 1997–2002. 

21 SEC. 106. No funds provided in this title may be ex22 pended by the Department of the Interior to conduct oil 

23 and natural gas preleasing, leasing and related activities 

24 in the Mid-Atlantic and South Atlantic planning areas. 
54

HR 2361 RS 

1 SEC. 107. Notwithstanding any other provisions of 

2 law, the National Park Service shall not develop or imple3 ment a reduced entrance fee program to accommodate 

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

5 for and regulate local non-recreational passage through 

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

7 develop guidelines and permits for such activity appro8 priate to that unit. 

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

10 headings Bureau of Indian Affairs and Office of Special 

11 Trustee for American Indians and any unobligated bal12 ances from prior appropriations Acts made under the 

13 same headings shall be available for expenditure or trans14 fer for Indian trust management and reform activities, ex15 cept that total funding for historical accounting activities 

16 shall not exceed amounts specifically designated in this 

17 Act for such purpose. 

18 SEC. 109. Notwithstanding any other provision of 

19 law, for the purpose of reducing the backlog of Indian pro20 bate cases in the Department of the Interior, the hearing 

21 requirements of chapter 10 of title 25, United States 

22 Code, are deemed satisfied by a proceeding conducted by 

23 an Indian probate judge, appointed by the Secretary with24 out regard to the provisions of title 5, United States Code, 

25 governing the appointments in the competitive service, for 
55

HR 2361 RS 

1 such period of time as the Secretary determines necessary: 

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

3 so appointed may be fixed by the Secretary without regard 

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

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

6 classification and pay of General Schedule employees, ex7 cept that no such Indian probate judge may be paid at 

8 a level which exceeds the maximum rate payable for the 

9 highest grade of the General Schedule, including locality 

10 pay. 

11 SEC. 110. Notwithstanding any other provision of 

12 law, the Secretary of the Interior is authorized to redis13 tribute any Tribal Priority Allocation funds, including 

14 tribal base funds, to alleviate tribal funding inequities by 

15 transferring funds to address identified, unmet needs, 

16 dual enrollment, overlapping service areas or inaccurate 

17 distribution methodologies. No tribe shall receive a reduc18 tion in Tribal Priority Allocation funds of more than 10 

19 percent in fiscal year 2006. Under circumstances of dual 

20 enrollment, overlapping service areas or inaccurate dis21 tribution methodologies, the 10 percent limitation does not 

22 apply. 

23 SEC. 111. Funds appropriated for the Bureau of In24 dian Affairs for postsecondary schools for fiscal year 2006 

25 shall be allocated among the schools proportionate to the 
56

HR 2361 RS 

1 unmet need of the schools as determined by the Postsec2 ondary Funding Formula adopted by the Office of Indian 

3 Education Programs. 

4 SEC. 112. Notwithstanding any other provision of 

5 law, in conveying the Twin Cities Research Center under 

6 the authority provided by Public Law 104–134, as amend7 ed by Public Law 104–208, the Secretary may accept and 

8 retain land and other forms of reimbursement: Provided, 

9 That the Secretary may retain and use any such reim10 bursement until expended and without further appropria11 tion: (1) for the benefit of the National Wildlife Refuge 

12 System within the State of Minnesota; and (2) for all ac13 tivities authorized by Public Law 100–696; 16 U.S.C. 

14 460zz. 

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

16 contract for the use of helicopters or motor vehicles on 

17 the Sheldon and Hart National Wildlife Refuges for the 

18 purpose of capturing and transporting horses and burros. 

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

20 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such 

21 use. Such use shall be in accordance with humane proce22 dures prescribed by the Secretary. 

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

24 land acquisition by the National Park Service for Shen25 andoah Valley Battlefields National Historic District and 
57

HR 2361 RS 

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

2 to a State, a local government, or any other land manage3 ment entity for the acquisition of lands without regard to 

4 any restriction on the use of Federal land acquisition 

5 funds provided through the Land and Water Conservation 

6 Fund Act of 1965 as amended. 

7 SEC. 115. None of the funds made available by this 

8 Act may be obligated or expended by the National Park 

9 Service to enter into or implement a concession contract 

10 which permits or requires the removal of the underground 

11 lunchroom at the Carlsbad Caverns National Park. 

12 SEC. 116. None of the funds made available in this 

13 Act may be used: (1) to demolish the bridge between Jer14 sey City, New Jersey, and Ellis Island; or (2) to prevent 

15 pedestrian use of such bridge, when such pedestrian use 

16 is consistent with generally accepted safety standards. 

17 SEC. 117. None of the funds in this or any other Act 

18 can be used to compensate the Special Master and the 

19 Special Master-Monitor, and all variations thereto, ap20 pointed by the United States District Court for the Dis21 trict of Columbia in the Cobell v. Norton litigation at an 

22 annual rate that exceeds 200 percent of the highest Senior 

23 Executive Service rate of pay for the Washington-Balti24 more locality pay area. 
58

HR 2361 RS 

1 SEC. 118. The Secretary of the Interior may use dis2 cretionary funds to pay private attorneys fees and costs 

3 for employees and former employees of the Department 

4 of the Interior reasonably incurred in connection with 

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

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

7 insurance. In no case shall the Secretary make payments 

8 under this section that would result in payment of hourly 

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

10 District Court for the District of Columbia for counsel in 

11 Cobell v. Norton. 

12 SEC. 119. The United States Fish and Wildlife Serv13 ice shall, in carrying out its responsibilities to protect 

14 threatened and endangered species of salmon, implement 

15 a system of mass marking of salmonid stocks, intended 

16 for harvest, that are released from Federally operated or 

17 Federally financed hatcheries including but not limited to 

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

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

20 identified by commercial and recreational fishers. 

21 SEC. 120. Such sums as may be necessary from ‘‘De22 partmental Management, Salaries and Expenses’’, may be 

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

24 Resource Management’’ for operational needs at the Mid25 way Atoll National Wildlife Refuge airport. 
59

HR 2361 RS 

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

2 of the Department of the Interior and Related Agencies 

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

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

6 (2001). 

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

8 section permits the conduct of gaming under the Indian 

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

10 described in section 123 of the Department of the Interior 

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

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

13 of whether the land or contiguous land has been taken 

14 into trust by the Secretary of the Interior. 

15 SEC. 122. No funds appropriated for the Department 

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

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

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

19 water levels required for the operation of the Glen Canyon 

20 Dam. 

21 SEC. 123. Notwithstanding the limitation in subpara22 graph (2)(B) of section 18(a) of the Indian Gaming Regu23 latory Act (25 U.S.C. 2717(a)), the total amount of all 

24 fees imposed by the National Indian Gaming Commission 

25 for fiscal year 2007 shall not exceed $12,000,000. 
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HR 2361 RS 

1 SEC. 124. Notwithstanding any implementation of 

2 the Department of the Interior’s trust reorganization or 

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

4 Model, funds appropriated for fiscal year 2006 shall be 

5 available to the tribes within the California Tribal Trust 

6 Reform Consortium and to the Salt River Pima-Maricopa 

7 Indian Community, the Confederated Salish and Kootenai 

8 Tribes of the Flathead Reservation and the Chippewa Cree 

9 Tribe of the Rocky Boys Reservation through the same 

10 methodology as funds were distributed in fiscal year 2004. 

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

13 trust reform and reorganization and the Department shall 

14 not impose its trust management infrastructure upon or 

15 alter the existing trust resource management systems of 

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

19 Provided, That the California Trust Reform Consortium 

20 and any other participating tribe agree to carry out their 

21 responsibilities under the same written and implemented 

22 fiduciary standards as those being carried by the Sec23 retary of the Interior: Provided further, That they dem24 onstrate to the satisfaction of the Secretary that they have 

25 the capability to do so: Provided further, That the Depart-
61

HR 2361 RS 

1 ment shall provide funds to the tribes in an amount equal 

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

3 specifically or functionally related to the provision of trust 

4 services to the tribes or their members. 

5 SEC. 125. Notwithstanding any provision of law, in6 cluding 42 U.S.C. 4321 et. seq., nonrenewable grazing 

7 permits authorized in the Jarbidge Field Office, Bureau 

8 of Land Management within the past 9 years, shall be re9 newed. The Animal Unit Months contained in the most 

10 recently expired nonrenewable grazing permit, authorized 

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

12 continue in effect under the renewed permit. Nothing in 

13 this section shall be deemed to extend the nonrenewable 

14 permits beyond the standard 1-year term. 

15 SEC. 126. Notwithstanding any other provision of 

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

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

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

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

20 of operating and maintaining facilities in the support of 

21 transportation and accommodation of visitors to Ellis, 

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

23 administrative activities, by donation or with appropriated 

24 funds, including franchise fees (and other monetary con25 sideration), or by exchange; and the Secretary is author-
62

HR 2361 RS 

1 ized to negotiate and enter into leases, subleases, conces2 sion contracts or other agreements for the use of such fa3 cilities on such terms and conditions as the Secretary may 

4 determine reasonable. 

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

6 Clark Mountain Allotment lands adjacent to the Mojave 

7 National Preserve, the Secretary shall also issue a special 

8 use permit for that portion of the grazing allotment lo9 cated within the Preserve. The special use permit shall be 

10 issued with the same terms and conditions as the most 

11 recently-issued permit for that allotment and the Sec12 retary shall consider the permit to be one transferred in 

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

14 SEC. 128. Notwithstanding any other provision of 

15 law, the National Park Service final winter use rules pub16 lished in part VII of the Federal Register for November 

17 10, 2004, 69 Fed. Reg. 65348 et seq., shall be in force 

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

19 commences on or about December 15, 2005. 

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

21 to compensate more than 34 full time equivalent employ22 ees in the Department’s Office of Law Enforcement and 

23 Security. The total number of staff detailed from other 

24 offices and reimbursable staff may not exceed 8 at any 

25 given time. 
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HR 2361 RS 

1 TITLE II—ENVIRONMENTAL PROTECTION 

2 AGENCY 

3 SCIENCE AND TECHNOLOGY

4 For science and technology, including research and 

5 development activities, which shall include research and 

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

8 1980, as amended; necessary expenses for personnel and 

9 related costs and travel expenses, including uniforms, or 

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

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

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

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

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

18 exceed $85,000 per project, $765,340,000 which shall re19 main available until September 30, 2007. 

20 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

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

23 personnel and related costs and travel expenses, including 

24 uniforms, or allowances therefor, as authorized by 5 

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

26 3109, but at rates for individuals not to exceed the per 
64

HR 2361 RS 

1 diem rate equivalent to the maximum rate payable for sen2 ior level positions under 5 U.S.C. 5376; hire of passenger 

3 motor vehicles; hire, maintenance, and operation of air4 craft; purchase of reprints; library memberships in soci5 eties or associations which issue publications to members 

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

7 who are not members; construction, alteration, repair, re8 habilitation, and renovation of facilities, not to exceed 

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

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

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

12 shall remain available until September 30, 2007, including 

13 administrative costs of the brownfields program under the 

14 Small Business Liability Relief and Brownfields Revital15 ization Act of 2002. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

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

20 alteration, repair, rehabilitation, and renovation of facili21 ties, not to exceed $85,000 per project, $37,955,000 to 

22 remain available until September 30, 2007. 

23 BUILDINGS AND FACILITIES

24 For construction, repair, improvement, extension, al25 teration, and purchase of fixed equipment or facilities of, 
65

HR 2361 RS 

1 or for use by, the Environmental Protection Agency, 

2 $40,218,000 to remain available until expended. 

3 HAZARDOUS SUBSTANCE SUPERFUND

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses to carry out the Comprehen6 sive Environmental Response, Compensation, and Liabil7 ity Act of 1980 (CERCLA), as amended, including sec8 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

9 9611), and for construction, alteration, repair, rehabilita10 tion, and renovation of facilities, not to exceed $85,000 

11 per project; $1,258,333,000, to remain available until ex12 pended, consisting of such sums as are available in the 

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

14 authorized by section 517(a) of the Superfund Amend15 ments and Reauthorization Act of 1986 (SARA) and up 

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

17 to the Hazardous Substance Superfund for purposes as 

18 authorized by section 517(b) of SARA, as amended: Pro19 vided, That funds appropriated under this heading may 

20 be allocated to other Federal agencies in accordance with 

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

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

23 be transferred to the ‘‘Office of Inspector General’’ appro24 priation to remain available until September 30, 2007, 

25 and $30,606,000 shall be transferred to the ‘‘Science and 
66

HR 2361 RS 

1 technology’’ appropriation to remain available until Sep2 tember 30, 2007. 

3 LEAKING UNDERGROUND STORAGE TANK PROGRAM

4 For necessary expenses to carry out leaking under5 ground storage tank cleanup activities authorized by sec6 tion 205 of the Superfund Amendments and Reauthoriza7 tion Act of 1986, and for construction, alteration, repair, 

8 rehabilitation, and renovation of facilities, not to exceed 

9 $85,000 per project, $73,027,000, to remain available 

10 until expended. 

11 OIL SPILL RESPONSE

12 For expenses necessary to carry out the Environ13 mental Protection Agency’s responsibilities under the Oil 

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

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

16 expended. 

17 STATE AND TRIBAL ASSISTANCE GRANTS

18 (INCLUDING RESCISSIONS OF FUNDS)

19 For environmental programs and infrastructure as20 sistance, including capitalization grants for State revolv21 ing funds and performance partnership grants, 

22 $3,127,800,000, to remain available until expended, of 

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

24 grants for the Clean Water State Revolving Funds under 

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

26 amended (the ‘‘Act’’), of which up to $50,000,000 shall 
67

HR 2361 RS 

1 be available for loans, including interest free loans as au2 thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter3 municipal, interstate, or State agencies or nonprofit enti4 ties for projects that provide treatment for or that mini5 mize sewage or stormwater discharges using one or more 

6 approaches which include, but are not limited to, decen7 tralized or distributed stormwater controls, decentralized 

8 wastewater treatment, low-impact development practices, 

9 conservation easements, stream buffers, or wetlands res10 toration; $850,000,000 shall be for capitalization grants 

11 for the Drinking Water State Revolving Funds under sec12 tion 1452 of the Safe Drinking Water Act, as amended; 

13 $50,000,000 shall be for architectural, engineering, plan14 ning, design, construction and related activities in connec15 tion with the construction of high priority water and 

16 wastewater facilities in the area of the United States-Mex17 ico Border, after consultation with the appropriate border 

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

19 of Alaska to address drinking water and waste infrastruc20 ture needs of rural and Alaska Native Villages; 

21 $200,000,000 shall be for making grants for the construc22 tion of drinking water, wastewater and storm water infra23 structure and for water quality protection (‘‘special project 

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

25 specified for such grants in the joint explanatory state-
68

HR 2361 RS 

1 ment of the managers accompanying this Act, and, for 

2 purposes of these grants, each grantee shall contribute not 

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

4 grantee is approved for a waiver by the Agency; 

5 $95,500,000 (increased by $2,000,000) shall be to carry 

6 out section 104(k) of the Comprehensive Environmental 

7 Response, Compensation, and Liability Act of 1980 

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

9 agreements, and associated program support costs; 

10 $4,000,000 shall be for a grant to Puerto Rico for drink11 ing water infrastructure improvements to the 

12 Metropolitano community water system in San Juan; 

13 $10,000,000 for cost-shared grants for school bus retrofit 

14 and replacement projects that reduce diesel emissions: 

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

16 shall be for grants, including associated program support 

17 costs, to States, federally recognized tribes, interstate 

18 agencies, tribal consortia, and air pollution control agen19 cies for multi-media or single media pollution prevention, 

20 control and abatement and related activities, including ac21 tivities pursuant to the provisions set forth under this 

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

23 under section 103 of the Clean Air Act for particulate 

24 matter monitoring and data collection activities of which 

25 and subject to terms and conditions specified by the Ad-
69

HR 2361 RS 

1 ministrator, of which $52,000,000 (reduced by 

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

3 CERCLA, as amended, and $20,000,000 shall be for En4 vironmental Information Exchange Network grants, in5 cluding associated program support costs, and 

6 $15,000,000 shall be for making competitive targeted wa7 tershed grants: Provided further, That notwithstanding 

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

9 amounts in a State water pollution control revolving fund 

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

11 not apply to amounts included as principal in loans made 

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

13 such amounts represent costs of administering the fund 

14 to the extent that such amounts are or were deemed rea15 sonable by the Administrator, accounted for separately 

16 from other assets in the fund, and used for eligible pur17 poses of the fund, including administration: Provided fur18 ther, That for fiscal year 2006, and notwithstanding sec19 tion 518(f) of the Act, the Administrator is authorized to 

20 use the amounts appropriated for any fiscal year under 

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

22 pursuant to sections 319(h) and 518(e) of that Act: Pro23 vided further, That for fiscal year 2006, notwithstanding 

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

up to a total of 11 25 ⁄2 percent of the funds appropriated 
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HR 2361 RS 

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

2 be reserved by the Administrator for grants under section 

3 518(c) of that Act: Provided further, That no funds pro4 vided by this legislation to address the water, wastewater 

5 and other critical infrastructure needs of the colonias in 

6 the United States along the United States-Mexico border 

7 shall be made available to a county or municipal govern8 ment unless that government has established an enforce9 able local ordinance, or other zoning rule, which prevents 

10 in that jurisdiction the development or construction of any 

11 additional colonia areas, or the development within an ex12 isting colonia the construction of any new home, business, 

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

14 necessary infrastructure: Provided further, That, notwith15 standing any other provision of law, such funds that were 

16 appropriated under this heading for special project grants 

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

18 has not received an application and issued a grant by Sep19 tember 30, 2006, shall be made available to the Clean 

20 Water or Drinking Water Revolving Fund, as appropriate, 

21 for the State in which the special project grant recipient 

22 is located: Provided further, That excess funds remaining 

23 after completion of a special project grant shall be made 

24 available to the Clean Water or Drinking Water Revolving 

25 Fund, as appropriate, for the State in which the special 
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HR 2361 RS 

1 project grant recipient is located: Provided further, That 

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

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

4 project shall be made available to the Clean Water or 

5 Drinking Water Revolving Fund, as appropriate, for the 

6 State in which the special project grant recipient is lo7 cated: Provided further, That notwithstanding this or pre8 vious appropriations Acts, after consultation with the 

9 House and Senate Committees on Appropriations and for 

10 the purposes of making technical corrections, the Adminis11 trator is authorized to award grants to entities under this 

12 heading for purposes other than those listed in the joint 

13 explanatory statements of the managers accompanying the 

14 Agency’s appropriations Acts for the construction of 

15 drinking water, waste water and storm water infrastruc16 ture, and for water quality protection. 

17 For an additional amount for the Clean Water State 

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

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

20 previously appropriated to the Environmental Protection 

21 Agency, the availability of which under the original appro22 priation accounts has not expired, and $100,000,000 in 

23 such funding is hereby rescinded: Provided, That such re24 scissions shall be taken solely from amounts associated 

25 with grants, contracts, and interagency agreements whose 
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HR 2361 RS 

1 availability under the original period for obligation for 

2 such grant, contract, or interagency agreement has ex3 pired based on the April 2005 review by the Government 

4 Accountability Office. 

5 ADMINISTRATIVE PROVISIONS

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

7 6303(1) and 6305(1), the Administrator of the Environ8 mental Protection Agency, in carrying out the Agency’s 

9 function to implement directly Federal environmental pro10 grams required or authorized by law in the absence of an 

11 acceptable tribal program, may award cooperative agree12 ments to federally-recognized Indian Tribes or Intertribal 

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

14 the Administrator in implementing Federal environmental 

15 programs for Indian Tribes required or authorized by law, 

16 except that no such cooperative agreements may be award17 ed from funds designated for State financial assistance 

18 agreements. 

19 The Administrator of the Environmental Protection 

20 Agency is authorized to collect and obligate pesticide reg21 istration service fees in accordance with section 33 of the 

22 Federal Insecticide, Fungicide, and Rodenticide Act (as 

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

24 Improvement Act of 2003), as amended. 

25 Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), ap26 propriated funds for fiscal year 2006 may be used to 
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HR 2361 RS 

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

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

3 in CERCLA section 101(40) to qualify as a bona fide pro4 spective purchaser except that the date of acquisition of 

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

6 Small Business Liability Relief and Brownfield Revitaliza7 tion Act of 2001. 

8 For fiscal years 2006 through 2011, the Adminis9 trator may, after consultation with the Office of Personnel 

10 Management, make not to exceed five appointments in any 

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

12 for the Office of Research and Development. 

13 TITLE III—RELATED AGENCIES 

14 DEPARTMENT OF AGRICULTURE 

15 FOREST SERVICE

16 FOREST AND RANGELAND RESEARCH

17 For necessary expenses of forest and rangeland re18 search as authorized by law, $285,000,000, to remain 

19 available until expended: Provided, That of the funds pro20 vided, $62,100,000 is for the forest inventory and analysis 

21 program. 

22 STATE AND PRIVATE FORESTRY

23 For necessary expenses of cooperating with and pro24 viding technical and financial assistance to States, terri25 tories, possessions, and others, and for forest health man26 agement, including treatments of pests, pathogens, and 
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1 invasive or noxious plants and for restoring and rehabili2 tating forests damaged by pests or invasive plants, cooper3 ative forestry, and education and land conservation activi4 ties and conducting an international program as author5 ized, $254,875,000, to remain available until expended, as 

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

7 from the Land and Water Conservation Fund: Provided,

8 That none of the funds provided under this heading for 

9 the acquisition of lands or interests in lands shall be avail10 able until the Forest Service notifies the House Committee 

11 on Appropriations and the Senate Committee on Appro12 priations, in writing, of specific contractual and grant de13 tails including the non-Federal cost share: Provided fur14 ther, That of the funds provided herein, $1,000,000 shall 

15 be provided to Custer County, Idaho, for economic devel16 opment in accordance with the Central Idaho Economic 

17 Development and Recreation Act, subject to authorization. 

18 NATIONAL FOREST SYSTEM

19 For necessary expenses of the Forest Service, not 

20 otherwise provided for, for management, protection, im21 provement, and utilization of the National Forest System, 

22 $1,423,920,000 (reduced by $7,000,000) (increased by 

23 $1,000,000), to remain available until expended, which 

24 shall include 50 percent of all moneys received during 

25 prior fiscal years as fees collected under the Land and 

26 Water Conservation Fund Act of 1965, as amended, in 
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1 accordance with section 4 of the Act (16 U.S.C. 460l–

2 6a(i)): Provided, That unobligated balances under this 

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

4 displayed by budget line item in the fiscal year 2007 budg5 et justification. 

6 WILDLAND FIRE MANAGEMENT

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses for forest fire presuppression 

9 activities on National Forest System lands, for emergency 

10 fire suppression on or adjacent to such lands or other 

11 lands under fire protection agreement, hazardous fuels re12 duction on or adjacent to such lands, and for emergency 

13 rehabilitation of burned-over National Forest System 

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

15 expended: Provided, That such funds including unobli16 gated balances under this heading, are available for repay17 ment of advances from other appropriations accounts pre18 viously transferred for such purposes: Provided further,

19 That such funds shall be available to reimburse State and 

20 other cooperating entities for services provided in response 

21 to wildfire and other emergencies or disasters to the extent 

22 such reimbursements by the Forest Service for non-fire 

23 emergencies are fully repaid by the responsible emergency 

24 management agency: Provided further, That not less than 

25 50 percent of any unobligated balances remaining (exclu26 sive of amounts for hazardous fuels reduction) at the end 
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HR 2361 RS 

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

2 past advances that have not been repaid, to the fund es3 tablished pursuant to section 3 of Public Law 71–319 (16 

4 U.S.C. 576 et seq.): Provided further, That, notwith5 standing any other provision of law, $8,000,000 of funds 

6 appropriated under this appropriation shall be used for 

7 Fire Science Research in support of the Joint Fire Science 

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

9 of funds, including the use of contracts, grants, and coop10 erative agreements, available to execute the Forest and 

11 Rangeland Research appropriation, are also available in 

12 the utilization of these funds for Fire Science Research: 

13 Provided further, That funds provided shall be available 

14 for emergency rehabilitation and restoration, hazardous 

15 fuels reduction activities in the urban-wildland interface, 

16 support to Federal emergency response, and wildfire sup17 pression activities of the Forest Service: Provided further,

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

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

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

21 to make competitive research grants pursuant to the For22 est and Rangeland Renewable Resources Research Act, as 

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

24 State fire assistance, $8,000,000 is for volunteer fire as25 sistance, $15,000,000 is for forest health activities on 
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HR 2361 RS 

1 Federal lands and $10,000,000 is for forest health activi2 ties on State and private lands: Provided further, That 

3 amounts in this paragraph may be transferred to the 

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

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

6 State fire assistance, volunteer fire assistance, forest 

7 health management, forest and rangeland research, vege8 tation and watershed management, heritage site rehabili9 tation, and wildlife and fish habitat management and res10 toration: Provided further, That transfers of any amounts 

11 in excess of those authorized in this paragraph, shall re12 quire approval of the House and Senate Committees on 

13 Appropriations in compliance with reprogramming proce14 dures contained in the report accompanying this Act: Pro15 vided further, That funds provided under this heading for 

16 hazardous fuels treatments may be transferred to and 

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

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

19 days after notifying the House and the Senate Committees 

20 on Appropriations: Provided further, That the costs of im21 plementing any cooperative agreement between the Fed22 eral Government and any non-Federal entity may be 

23 shared, as mutually agreed on by the affected parties: Pro24 vided further, That in addition to funds provided for State 

25 Fire Assistance programs, and subject to all authorities 
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HR 2361 RS 

1 available to the Forest Service under the State and Pri2 vate Forestry Appropriations, up to $15,000,000 may be 

3 used on adjacent non-Federal lands for the purpose of pro4 tecting communities when hazard reduction activities are 

5 planned on national forest lands that have the potential 

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

7 the Secretary of the Interior and the Secretary of Agri8 culture may authorize the transfer of funds appropriated 

9 for wildland fire management, in an aggregate amount not 

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

11 such transfers would facilitate and expedite jointly funded 

12 wildland fire management programs and projects: Pro13 vided further, That funds designated for wildfire suppres14 sion, shall be assessed for indirect costs, in a manner con15 sistent with such assessments against other agency pro16 grams. 

17 CAPITAL IMPROVEMENT AND MAINTENANCE

18 For necessary expenses of the Forest Service, not 

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

20 until expended for construction, reconstruction, mainte21 nance and acquisition of buildings and other facilities, and 

22 for construction, reconstruction, repair, decommissioning, 

23 and maintenance of forest roads and trails by the Forest 

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

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

26 of the funds provided herein for road maintenance shall 
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HR 2361 RS 

1 be available for the decommissioning of roads, including 

2 unauthorized roads not part of the transportation system, 

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

4 funds shall be expended to decommission any system road 

5 until notice and an opportunity for public comment has 

6 been provided on each decommissioning project. 

7 LAND ACQUISITION

8 For expenses necessary to carry out the provisions 

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

10 as amended (16 U.S.C. 460l–4 through 11), including ad11 ministrative expenses, and for acquisition of land or wa12 ters, or interest therein, in accordance with statutory au13 thority applicable to the Forest Service, $15,000,000, to 

14 be derived from the Land and Water Conservation Fund 

15 and to remain available until expended. 

16 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

17 ACTS

18 For acquisition of lands within the exterior bound19 aries of the Cache, Uinta, and Wasatch National Forests, 

20 Utah; the Toiyabe National Forest, Nevada; and the An21 geles, San Bernardino, Sequoia, and Cleveland National 

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

23 be derived from forest receipts. 

24 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

26 from funds deposited by State, county, or municipal gov-
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HR 2361 RS 

1 ernments, public school districts, or other public school au2 thorities, and for authorized expenditures from funds de3 posited by non-Federal parties pursuant to Land Sale and 

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

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

6 expended. 

7 RANGE BETTERMENT FUND

8 For necessary expenses of range rehabilitation, pro9 tection, and improvement, 50 percent of all moneys re10 ceived during the prior fiscal year, as fees for grazing do11 mestic livestock on lands in National Forests in the 16 

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

13 Law 94–579, as amended, to remain available until ex14 pended, of which not to exceed 6 percent shall be available 

15 for administrative expenses associated with on-the-ground 

16 range rehabilitation, protection, and improvements. 

17 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

18 RANGELAND RESEARCH

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

20 $64,000, to remain available until expended, to be derived 

21 from the fund established pursuant to the above Act. 

22 MANAGEMENT OF NATIONAL FOREST LANDS FOR

23 SUBSISTENCE USES

24 For necessary expenses of the Forest Service to man25 age Federal lands in Alaska for subsistence uses under 

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

2 available until expended. 

3 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

4 Appropriations to the Forest Service for the current 

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

6 motor vehicles; acquisition of passenger motor vehicles 

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

8 lease, operation, maintenance, and acquisition of aircraft 

9 from excess sources to maintain the operable fleet for use 

10 in Forest Service wildland fire programs and other Forest 

11 Service programs; notwithstanding other provisions of law, 

12 existing aircraft being replaced may be sold, with proceeds 

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

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

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

16 under 5 U.S.C. 3109; (3) purchase, erection, and alter17 ation of buildings and other public improvements (7 

18 U.S.C. 2250); (4) acquisition of land, waters, and inter19 ests therein pursuant to 7 U.S.C. 428a; (5) for expenses 

20 pursuant to the Volunteers in the National Forest Act of 

21 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 

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

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

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

25 None of the funds made available under this Act shall 

26 be obligated or expended to abolish any region, to move 
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1 or close any regional office for National Forest System 

2 administration of the Forest Service, Department of Agri3 culture without the consent of the House and Senate Com4 mittees on Appropriations. 

5 Any appropriations or funds available to the Forest 

6 Service may be transferred to the Wildland Fire Manage7 ment appropriation for forest firefighting, emergency re8 habilitation of burned-over or damaged lands or waters 

9 under its jurisdiction, and fire preparedness due to severe 

10 burning conditions upon notification of the House and 

11 Senate Committees on Appropriations and if and only if 

12 all previously appropriated emergency contingent funds 

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

14 been released by the President and apportioned and all 

15 wildfire suppression funds under the heading ‘‘Wildland 

16 Fire Management’’ are obligated. 

17 The first transfer of funds into the Wildland Fire 

18 Management account shall include unobligated funds, if 

19 available, from the Land Acquisition account and the For20 est Legacy program within the State and Private Forestry 

21 account. 

22 Funds appropriated to the Forest Service shall be 

23 available for assistance to or through the Agency for Inter24 national Development and the Foreign Agricultural Serv25 ice in connection with forest and rangeland research, tech-
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HR 2361 RS 

1 nical information, and assistance in foreign countries, and 

2 shall be available to support forestry and related natural 

3 resource activities outside the United States and its terri4 tories and possessions, including technical assistance, edu5 cation and training, and cooperation with United States 

6 and international organizations. 

7 None of the funds made available to the Forest Serv8 ice under this Act shall be subject to transfer under the 

9 provisions of section 702(b) of the Department of Agri10 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 

11 147b, however in fiscal year 2006 the Forest Service may 

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

13 from other agency accounts to enable the agency’s law en14 forcement program to pay full operating costs including 

15 overhead. 

16 None of the funds available to the Forest Service may 

17 be reprogrammed without the advance approval of the 

18 House and Senate Committees on Appropriations in ac19 cordance with the reprogramming procedures contained in 

20 the report accompanying this Act. 

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

22 the Forest Service shall be transferred to the Working 

23 Capital Fund of the Department of Agriculture. 

24 Funds available to the Forest Service shall be avail25 able to conduct a program of not less than $2,000,000 
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1 for high priority projects within the scope of the approved 

2 budget which shall be carried out by the Youth Conserva3 tion Corps. 

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

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

6 reception and representation expenses. 

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

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

9 $3,000,000 may be advanced in a lump sum to the Na10 tional Forest Foundation to aid conservation partnership 

11 projects in support of the Forest Service mission, without 

12 regard to when the Foundation incurs expenses, for ad13 ministrative expenses or projects on or benefitting Na14 tional Forest System lands or related to Forest Service 

15 programs: Provided, That of the Federal funds made 

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

17 be available for administrative expenses: Provided further, 

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

19 of Federal financial assistance, private contributions to 

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

21 by the Forest Service: Provided further, That the Founda22 tion may transfer Federal funds to a non-Federal recipient 

23 for a project at the same rate that the recipient has ob24 tained the non-Federal matching funds: Provided further,

25 That authorized investments of Federal funds held by the 
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HR 2361 RS 

1 Foundation may be made only in interest-bearing obliga2 tions of the United States or in obligations guaranteed as 

3 to both principal and interest by the United States. 

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

5 $2,650,000 of the funds available to the Forest Service 

6 shall be advanced to the National Fish and Wildlife Foun7 dation in a lump sum to aid cost-share conservation 

8 projects, without regard to when expenses are incurred, 

9 on or benefitting National Forest System lands or related 

10 to Forest Service programs: Provided, That such funds 

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

12 Foundation or its subrecipients. 

13 Funds appropriated to the Forest Service shall be 

14 available for interactions with and providing technical as15 sistance to rural communities for sustainable rural devel16 opment purposes. 

17 Any appropriations or funds available to the Forest 

18 Service may be used for necessary expenses in the event 

19 of law enforcement emergencies as necessary to protect 

20 natural resources and public or employee safety: Provided,

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

22 An eligible individual who is employed in any project 

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

24 (42 U.S.C. 3056 et seq.) and administered by the Forest 
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HR 2361 RS 

1 Service shall be considered to be a Federal employee for 

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

3 Any funds appropriated to the Forest Service may 

4 be used to meet the non-Federal share requirement in sec5 tion 502(c) of the Older American Act of 1965 (42 U.S.C. 

6 3056(c)(2)). 

7 For each fiscal year through 2009, funds available 

8 to the Forest Service in this Act may be used for the pur9 pose of expenses associated with primary and secondary 

10 schooling for dependents of agency personnel stationed in 

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

12 who are subject to transfer and reassignment to other lo13 cations in the United States, at a cost not in excess of 

14 those authorized for the Department of Defense for the 

15 same area, when it is determined by the Chief of the For16 est Service that public schools available in the locality are 

17 unable to provide adequately for the education of such de18 pendents. 

19 DEPARTMENT OF HEALTH AND HUMAN 

20 SERVICES 

21 INDIAN HEALTH SERVICE

22 INDIAN HEALTH SERVICES

23 For expenses necessary to carry out the Act of Au24 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina25 tion Act, the Indian Health Care Improvement Act, and 
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HR 2361 RS 

1 titles II and III of the Public Health Service Act with re2 spect to the Indian Health Service, $2,732,298,000, to3 gether with payments received during the fiscal year pur4 suant to 42 U.S.C. 238(b) for services furnished by the 

5 Indian Health Service: Provided, That funds made avail6 able to tribes and tribal organizations through contracts, 

7 grant agreements, or any other agreements or compacts 

8 authorized by the Indian Self-Determination and Edu9 cation Assistance Act of 1975 (25 U.S.C. 450), shall be 

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

11 award and thereafter shall remain available to the tribe 

12 or tribal organization without fiscal year limitation: Pro13 vided further, That up to $18,000,000 shall remain avail14 able until expended, for the Indian Catastrophic Health 

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

16 for contract medical care shall remain available for obliga17 tion until September 30, 2007: Provided further, That of 

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

19 until expended, shall be used to carry out the loan repay20 ment program under section 108 of the Indian Health 

21 Care Improvement Act: Provided further, That funds pro22 vided in this Act may be used for one-year contracts and 

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

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

25 which the funds are appropriated: Provided further, That 
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HR 2361 RS 

1 the amounts collected by the Secretary of Health and 

2 Human Services under the authority of title IV of the In3 dian Health Care Improvement Act shall remain available 

4 until expended for the purpose of achieving compliance 

5 with the applicable conditions and requirements of titles 

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

7 planning, design, or construction of new facilities): Pro8 vided further, That funding contained herein, and in any 

9 earlier appropriations Acts for scholarship programs 

10 under the Indian Health Care Improvement Act (25 

11 U.S.C. 1613) shall remain available until expended: Pro12 vided further, That amounts received by tribes and tribal 

13 organizations under title IV of the Indian Health Care Im14 provement Act shall be reported and accounted for and 

15 available to the receiving tribes and tribal organizations 

16 until expended: Provided further, That, notwithstanding 

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

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

19 and tribal organizations for contract or grant support 

20 costs associated with contracts, grants, self-governance 

21 compacts or annual funding agreements between the In22 dian Health Service and a tribe or tribal organization pur23 suant to the Indian Self-Determination Act of 1975, as 

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

25 not to exceed $5,000,000 may be used for contract sup-
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HR 2361 RS 

1 port costs associated with new or expanded self-determina2 tion contracts, grants, self-governance compacts or annual 

3 funding agreements: Provided further, That funds avail4 able for the Indian Health Care Improvement Fund may 

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

6 under the Indian Health Facilities account: Provided fur7 ther, That of the amounts provided to the Indian Health 

8 Service, $15,000,000 is provided for alcohol control, en9 forcement, prevention, treatment, sobriety and wellness, 

10 and education in Alaska: Provided further, That none of 

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

12 programs or any program that is not directly related to 

13 alcohol control, enforcement, prevention, treatment, or so14 briety: Provided further, That no more than 15 percent 

15 may be used by any entity receiving funding for adminis16 trative overhead including indirect costs: Provided further, 

17 That the Bureau of Indian Affairs shall collect from the 

18 Indian Health Service and tribes and tribal organizations 

19 operating health facilities pursuant to Public Law 93–638 

20 such individually identifiable health information relating 

21 to disabled children as may be necessary for the purpose 

22 of carrying out its functions under the Individuals With 

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

24 INDIAN HEALTH FACILITIES

25 For construction, repair, maintenance, improvement, 

26 and equipment of health and related auxiliary facilities, 
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HR 2361 RS 

1 including quarters for personnel; preparation of plans, 

2 specifications, and drawings; acquisition of sites, purchase 

3 and erection of modular buildings, and purchases of trail4 ers; and for provision of domestic and community sanita5 tion facilities for Indians, as authorized by section 7 of 

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

7 Self-Determination Act, and the Indian Health Care Im8 provement Act, and for expenses necessary to carry out 

9 such Acts and titles II and III of the Public Health Serv10 ice Act with respect to environmental health and facilities 

11 support activities of the Indian Health Service, 

12 $370,774,000, to remain available until expended: Pro13 vided, That notwithstanding any other provision of law, 

14 funds appropriated for the planning, design, construction 

15 or renovation of health facilities for the benefit of an In16 dian tribe or tribes may be used to purchase land for sites 

17 to construct, improve, or enlarge health or related facili18 ties: Provided further, That not to exceed $500,000 shall 

19 be used by the Indian Health Service to purchase 

20 TRANSAM equipment from the Department of Defense 

21 for distribution to the Indian Health Service and tribal 

22 facilities: Provided further, That none of the funds appro23 priated to the Indian Health Service may be used for sani24 tation facilities construction for new homes funded with 

25 grants by the housing programs of the United States De-
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HR 2361 RS 

1 partment of Housing and Urban Development: Provided 

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

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

4 by the Indian Health Service to obtain ambulances for the 

5 Indian Health Service and tribal facilities in conjunction 

6 with an existing interagency agreement between the In7 dian Health Service and the General Services Administra8 tion: Provided further, That notwithstanding any other 

9 provision of law, funds appropriated for the planning, de10 sign, and construction of the replacement health care facil11 ity in Barrow, Alaska, may be used to purchase land up 

12 to approximately 8 hectares for a site upon which to con13 struct the new health care facility: Provided further, That 

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

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

16 Health Service for demolition of Federal buildings. 

17 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

18 Appropriations in this Act to the Indian Health Serv19 ice shall be available for services as authorized by 5 U.S.C. 

20 3109 but at rates not to exceed the per diem rate equiva21 lent to the maximum rate payable for senior-level positions 

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

23 aircraft; purchase of medical equipment; purchase of re24 prints; purchase, renovation and erection of modular 

25 buildings and renovation of existing facilities; payments 

26 for telephone service in private residences in the field, 
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HR 2361 RS 

1 when authorized under regulations approved by the Sec2 retary; and for uniforms or allowances therefor as author3 ized by 5 U.S.C. 5901–5902; and for expenses of attend4 ance at meetings which are concerned with the functions 

5 or activities for which the appropriation is made or which 

6 will contribute to improved conduct, supervision, or man7 agement of those functions or activities. 

8 In accordance with the provisions of the Indian 

9 Health Care Improvement Act, non-Indian patients may 

10 be extended health care at all tribally administered or In11 dian Health Service facilities, subject to charges, and the 

12 proceeds along with funds recovered under the Federal 

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

14 be credited to the account of the facility providing the 

15 service and shall be available without fiscal year limitation. 

16 Notwithstanding any other law or regulation, funds trans17 ferred from the Department of Housing and Urban Devel18 opment to the Indian Health Service shall be administered 

19 under Public Law 86–121 (the Indian Sanitation Facili20 ties Act) and Public Law 93–638, as amended. 

21 Funds appropriated to the Indian Health Service in 

22 this Act, except those used for administrative and program 

23 direction purposes, shall not be subject to limitations di24 rected at curtailing Federal travel and transportation. 
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HR 2361 RS 

1 None of the funds made available to the Indian 

2 Health Service in this Act shall be used for any assess3 ments or charges by the Department of Health and 

4 Human Services unless identified in the budget justifica5 tion and provided in this Act, or approved by the House 

6 and Senate Committees on Appropriations through the re7 programming process. Personnel ceilings may not be im8 posed on the Indian Health Service nor may any action 

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

10 Indian Health Service below the level in fiscal year 2002 

11 adjusted upward for the staffing of new and expanded fa12 cilities, funding provided for staffing at the Lawton, Okla13 homa hospital in fiscal years 2003 and 2004, critical posi14 tions not filled in fiscal year 2002, and staffing necessary 

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

16 increases. 

17 Notwithstanding any other provision of law, funds 

18 previously or herein made available to a tribe or tribal or19 ganization through a contract, grant, or agreement au20 thorized by title I or title V of the Indian Self-Determina21 tion and Education Assistance Act of 1975 (25 U.S.C. 

22 450), may be deobligated and reobligated to a self-deter23 mination contract under title I, or a self-governance agree24 ment under title V of such Act and thereafter shall remain 
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1 available to the tribe or tribal organization without fiscal 

2 year limitation. 

3 None of the funds made available to the Indian 

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

5 final rule published in the Federal Register on September 

6 16, 1987, by the Department of Health and Human Serv7 ices, relating to the eligibility for the health care services 

8 of the Indian Health Service until the Indian Health Serv9 ice has submitted a budget request reflecting the increased 

10 costs associated with the proposed final rule, and such re11 quest has been included in an appropriations Act and en12 acted into law. 

13 With respect to functions transferred by the Indian 

14 Health Service to tribes or tribal organizations, the Indian 

15 Health Service is authorized to provide goods and services 

16 to those entities, on a reimbursable basis, including pay17 ment in advance with subsequent adjustment. The reim18 bursements received therefrom, along with the funds re19 ceived from those entities pursuant to the Indian Self-De20 termination Act, may be credited to the same or subse21 quent appropriation account which provided the funding. 

22 Such amounts shall remain available until expended. 

23 Reimbursements for training, technical assistance, or 

24 services provided by the Indian Health Service will contain 

25 total costs, including direct, administrative, and overhead 
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1 associated with the provision of goods, services, or tech2 nical assistance. 

3 The appropriation structure for the Indian Health 

4 Service may not be altered without advance notification 

5 to the House and Senate Committees on Appropriations. 

6 NATIONAL INSTITUTES OF HEALTH

7 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

8 SCIENCES

9 For necessary expenses for the National Institute of 

10 Environmental Health Sciences in carrying out activities 

11 set forth in section 311(a) of the Comprehensive Environ12 mental Response, Compensation, and Liability Act of 

13 1980, as amended, and section 126(g) of the Superfund 

14 Amendments and Reauthorization Act of 1986, 

15 $80,289,000. 

16 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

17 REGISTRY

18 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

19 HEALTH

20 For necessary expenses for the Agency for Toxic Sub21 stances and Disease Registry (ATSDR) in carrying out 

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

23 111(c)(14) of the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 

25 (CERCLA), as amended; section 118(f) of the Superfund 
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1 Amendments and Reauthorization Act of 1986 (SARA), 

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

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

4 to remain available until expended, is for Individual 

5 Learning Accounts for full-time equivalent employees of 

6 the Agency for Toxic Substances and Disease Registry: 

7 Provided, That notwithstanding any other provision of 

8 law, in lieu of performing a health assessment under sec9 tion 104(i)(6) of CERCLA, the Administrator of ATSDR 

10 may conduct other appropriate health studies, evaluations, 

11 or activities, including, without limitation, biomedical test12 ing, clinical evaluations, medical monitoring, and referral 

13 to accredited health care providers: Provided further, That 

14 in performing any such health assessment or health study, 

15 evaluation, or activity, the Administrator of ATSDR shall 

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

17 CERCLA: Provided further, That none of the funds appro18 priated under this heading shall be available for ATSDR 

19 to issue in excess of 40 toxicological profiles pursuant to 

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

21 existing profiles may be updated as necessary. 
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1 OTHER RELATED AGENCIES 

2 EXECUTIVE OFFICE OF THE PRESIDENT

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 For necessary expenses to continue functions as6 signed to the Council on Environmental Quality and Office 

7 of Environmental Quality pursuant to the National Envi8 ronmental Policy Act of 1969, the Environmental Quality 

9 Improvement Act of 1970, and Reorganization Plan No. 

10 1 of 1977, and not to exceed $750 for official reception 

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

12 notwithstanding section 202 of the National Environ13 mental Policy Act of 1970, the Council shall consist of 

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

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

16 exercising all powers, functions, and duties of the Council. 

17 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses in carrying out activities pur20 suant to section 112(r)(6) of the Clean Air Act, as amend21 ed, including hire of passenger vehicles, uniforms or allow22 ances therefor, as authorized by 5 U.S.C. 5901–5902, and 

23 for services authorized by 5 U.S.C. 3109 but at rates for 

24 individuals not to exceed the per diem equivalent to the 

25 maximum rate payable for senior level positions under 5 
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1 U.S.C. 5376, $9,200,000: Provided, That the Chemical 

2 Safety and Hazard Investigation Board (Board) shall have 

3 not more than three career Senior Executive Service posi4 tions: Provided further, That notwithstanding any other 

5 provision of law, the individual appointed to the position 

6 of Inspector General of the Environmental Protection 

7 Agency (EPA) shall, by virtue of such appointment, also 

8 hold the position of Inspector General of the Board: Pro9 vided further, That notwithstanding any other provision of 

10 law, the Inspector General of the Board shall utilize per11 sonnel of the Office of Inspector General of EPA in per12 forming the duties of the Inspector General of the Board, 

13 and shall not appoint any individuals to positions within 

14 the Board. 

15 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of Navajo and 

18 Hopi Indian Relocation as authorized by Public Law 93–

19 531, $8,601,000, to remain available until expended: Pro20 vided, That funds provided in this or any other appropria21 tions Act are to be used to relocate eligible individuals and 

22 groups including evictees from District 6, Hopi-partitioned 

23 lands residents, those in significantly substandard hous24 ing, and all others certified as eligible and not included 

25 in the preceding categories: Provided further, That none 
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1 of the funds contained in this or any other Act may be 

2 used by the Office of Navajo and Hopi Indian Relocation 

3 to evict any single Navajo or Navajo family who, as of 

4 November 30, 1985, was physically domiciled on the lands 

5 partitioned to the Hopi Tribe unless a new or replacement 

6 home is provided for such household: Provided further,

7 That no relocatee will be provided with more than one new 

8 or replacement home: Provided further, That the Office 

9 shall relocate any certified eligible relocatees who have se10 lected and received an approved homesite on the Navajo 

11 reservation or selected a replacement residence off the 

12 Navajo reservation or on the land acquired pursuant to 

13 25 U.S.C. 640d–10. 

14 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

15 CULTURE AND ARTS DEVELOPMENT

16 PAYMENT TO THE INSTITUTE

17 For payment to the Institute of American Indian and 

18 Alaska Native Culture and Arts Development, as author19 ized by title XV of Public Law 99–498, as amended (20 

20 U.S.C. 56 part A), $6,300,000. 

21 SMITHSONIAN INSTITUTION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Smithsonian Institu24 tion, as authorized by law, including research in the fields 

25 of art, science, and history; development, preservation, and 
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HR 2361 RS 

1 documentation of the National Collections; presentation of 

2 public exhibits and performances; collection, preparation, 

3 dissemination, and exchange of information and publica4 tions; conduct of education, training, and museum assist5 ance programs; maintenance, alteration, operation, lease 

6 (for terms not to exceed 30 years), and protection of build7 ings, facilities, and approaches; not to exceed $100,000 

8 for services as authorized by 5 U.S.C. 3109; up to five 

9 replacement passenger vehicles; purchase, rental, repair, 

10 and cleaning of uniforms for employees, $524,381,000, of 

11 which not to exceed $10,992,000 for the instrumentation 

12 program, collections acquisition, exhibition reinstallation, 

13 the National Museum of African American History and 

14 Culture, and the repatriation of skeletal remains program 

15 shall remain available until expended; and of which 

16 $9,086,000 for the reopening of the Patent Office Build17 ing and for fellowships and scholarly awards shall remain 

18 available until September 30, 2007; and including such 

19 funds as may be necessary to support American overseas 

20 research centers and a total of $125,000 for the Council 

21 of American Overseas Research Centers: Provided, That 

22 funds appropriated herein are available for advance pay23 ments to independent contractors performing research 

24 services or participating in official Smithsonian presen25 tations: Provided further, That the Smithsonian Institu-
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1 tion may expend Federal appropriations designated in this 

2 Act for lease or rent payments for long term and swing 

3 space, as rent payable to the Smithsonian Institution, and 

4 such rent payments may be deposited into the general 

5 trust funds of the Institution to the extent that federally 

6 supported activities are housed in the 900 H Street, N.W. 

7 building in the District of Columbia: Provided further,

8 That this use of Federal appropriations shall not be con9 strued as debt service, a Federal guarantee of, a transfer 

10 of risk to, or an obligation of, the Federal Government: 

11 Provided further, That no appropriated funds may be used 

12 to service debt which is incurred to finance the costs of 

13 acquiring the 900 H Street building or of planning, de14 signing, and constructing improvements to such building. 

15 FACILITIES CAPITAL

16 For necessary expenses of repair, revitalization, and 

17 alteration of facilities owned or occupied by the Smithso18 nian Institution, by contract or otherwise, as authorized 

19 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

20 and for construction, including necessary personnel, 

21 $90,900,000, to remain available until expended, of which 

22 not to exceed $10,000 is for services as authorized by 5 

23 U.S.C. 3109: Provided, That contracts awarded for envi24 ronmental systems, protection systems, and repair or res25 toration of facilities of the Smithsonian Institution may 
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1 be negotiated with selected contractors and awarded on 

2 the basis of contractor qualifications as well as price. 

3 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

4 INSTITUTION

5 None of the funds in this or any other Act may be 

6 used to make any changes to the existing Smithsonian 

7 science programs including closure of facilities, relocation 

8 of staff or redirection of functions and programs without 

9 the advance approval of the House and Senate Committees 

10 on Appropriations. 

11 None of the funds in this or any other Act may be 

12 used to initiate the design for any proposed expansion of 

13 current space or new facility without consultation with the 

14 House and Senate Appropriations Committees. 

15 None of the funds in this or any other Act may be 

16 used for the Holt House located at the National Zoological 

17 Park in Washington, D.C., unless identified as repairs to 

18 minimize water damage, monitor structure movement, or 

19 provide interim structural support. 

20 None of the funds available to the Smithsonian may 

21 be reprogrammed without the advance written approval of 

22 the House and Senate Committees on Appropriations in 

23 accordance with the reprogramming procedures contained 

24 in the statement of the managers accompanying this Act. 
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1 None of the funds in this or any other Act may be 

2 used to purchase any additional buildings without prior 

3 consultation with the House and Senate Committees on 

4 Appropriations. 

5 NATIONAL GALLERY OF ART

6 SALARIES AND EXPENSES

7 For the upkeep and operations of the National Gal8 lery of Art, the protection and care of the works of art 

9 therein, and administrative expenses incident thereto, as 

10 authorized by the Act of March 24, 1937 (50 Stat. 51), 

11 as amended by the public resolution of April 13, 1939 

12 (Public Resolution 9, Seventy-sixth Congress), including 

13 services as authorized by 5 U.S.C. 3109; payment in ad14 vance when authorized by the treasurer of the Gallery for 

15 membership in library, museum, and art associations or 

16 societies whose publications or services are available to 

17 members only, or to members at a price lower than to the 

18 general public; purchase, repair, and cleaning of uniforms 

19 for guards, and uniforms, or allowances therefor, for other 

20 employees as authorized by law (5 U.S.C. 5901–5902); 

21 purchase or rental of devices and services for protecting 

22 buildings and contents thereof, and maintenance, alter23 ation, improvement, and repair of buildings, approaches, 

24 and grounds; and purchase of services for restoration and 

25 repair of works of art for the National Gallery of Art by 
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1 contracts made, without advertising, with individuals, 

2 firms, or organizations at such rates or prices and under 

3 such terms and conditions as the Gallery may deem prop4 er, $97,100,000, of which not to exceed $3,157,000 for 

5 the special exhibition program shall remain available until 

6 expended. 

7 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

8 For necessary expenses of repair, restoration and 

9 renovation of buildings, grounds and facilities owned or 

10 occupied by the National Gallery of Art, by contract or 

11 otherwise, as authorized, $16,200,000, to remain available 

12 until expended: Provided, That contracts awarded for envi13 ronmental systems, protection systems, and exterior repair 

14 or renovation of buildings of the National Gallery of Art 

15 may be negotiated with selected contractors and awarded 

16 on the basis of contractor qualifications as well as price: 

17 Provided further, That, notwithstanding any other provi18 sion of law, a single procurement for the Master Facilities 

19 Plan renovation project at the National Gallery of Art may 

20 be issued which includes the full scope of the Work Area 

21 #3 project: Provided further, That the solicitation and the 

22 contract shall contain the clause ‘‘availability of funds’’ 

23 found at 48 CFR 52.232.18. 
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HR 2361 RS 

1 JOHN F. KENNEDY CENTER FOR THE PERFORMING

2 ARTS

3 OPERATIONS AND MAINTENANCE

4 For necessary expenses for the operation, mainte5 nance and security of the John F. Kennedy Center for 

6 the Performing Arts, $17,800,000. 

7 CONSTRUCTION

8 For necessary expenses for capital repair and restora9 tion of the existing features of the building and site of 

10 the John F. Kennedy Center for the Performing Arts, 

11 $10,000,000, to remain available until expended. 

12 WOODROW WILSON INTERNATIONAL CENTER FOR

13 SCHOLARS

14 SALARIES AND EXPENSES

15 For expenses necessary in carrying out the provisions 

16 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

17 1356) including hire of passenger vehicles and services as 

18 authorized by 5 U.S.C. 3109, $9,085,000. 

19 NATIONAL FOUNDATION ON THE ARTS AND THE

20 HUMANITIES

21 NATIONAL ENDOWMENT FOR THE ARTS

22 GRANTS AND ADMINISTRATION

23 For necessary expenses to carry out the National 

24 Foundation on the Arts and the Humanities Act of 1965, 

25 as amended, $121,264,000 (increased by $10,000,000) 

26 shall be available to the National Endowment for the Arts 
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1 for the support of projects and productions in the arts 

2 through assistance to organizations and individuals pursu3 ant to sections 5(c) and 5(g) of the Act, including 

4 $14,922,000 (increased by $10,000,000) for support of 

5 arts education and public outreach activities through the 

6 Challenge America program, for program support, and for 

7 administering the functions of the Act, to remain available 

8 until expended: Provided, That funds previously appro9 priated to the National Endowment for the Arts ‘‘Match10 ing Grants’’ account and ‘‘Challenge America’’ account 

11 may be transferred to and merged with this account. 

12 NATIONAL ENDOWMENT FOR THE HUMANITIES

13 GRANTS AND ADMINISTRATION

14 For necessary expenses to carry out the National 

15 Foundation on the Arts and the Humanities Act of 1965, 

16 as amended, $122,605,000 (increased by $5,000,000), 

17 shall be available to the National Endowment for the Hu18 manities for support of activities in the humanities, pursu19 ant to section 7(c) of the Act, and for administering the 

20 functions of the Act, to remain available until expended. 

21 MATCHING GRANTS

22 To carry out the provisions of section 10(a)(2) of the 

23 National Foundation on the Arts and the Humanities Act 

24 of 1965, as amended, $15,449,000, to remain available 

25 until expended, of which $10,000,000 shall be available 

26 to the National Endowment for the Humanities for the 
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HR 2361 RS 

1 purposes of section 7(h): Provided, That this appropria2 tion shall be available for obligation only in such amounts 

3 as may be equal to the total amounts of gifts, bequests, 

4 and devises of money, and other property accepted by the 

5 chairman or by grantees of the Endowment under the pro6 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

7 the current and preceding fiscal years for which equal 

8 amounts have not previously been appropriated. 

9 ADMINISTRATIVE PROVISIONS

10 None of the funds appropriated to the National 

11 Foundation on the Arts and the Humanities may be used 

12 to process any grant or contract documents which do not 

13 include the text of 18 U.S.C. 1913: Provided, That none 

14 of the funds appropriated to the National Foundation on 

15 the Arts and the Humanities may be used for official re16 ception and representation expenses: Provided further,

17 That funds from nonappropriated sources may be used as 

18 necessary for official reception and representation ex19 penses: Provided further, That the Chairperson of the Na20 tional Endowment for the Arts may approve grants up to 

21 $10,000, if in the aggregate this amount does not exceed 

22 5 percent of the sums appropriated for grant-making pur23 poses per year: Provided further, That such small grant 

24 actions are taken pursuant to the terms of an expressed 
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1 and direct delegation of authority from the National Coun2 cil on the Arts to the Chairperson. 

3 COMMISSION OF FINE ARTS

4 SALARIES AND EXPENSES

5 For expenses made necessary by the Act establishing 

6 a Commission of Fine Arts (40 U.S.C. 104), $1,893,000: 

7 Provided, That the Commission is authorized to charge 

8 fees to cover the full costs of its publications, and such 

9 fees shall be credited to this account as an offsetting col10 lection, to remain available until expended without further 

11 appropriation. 

12 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

13 For necessary expenses as authorized by Public Law 

14 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000: Pro15 vided, That no one organization shall receive a grant in 

16 excess of $400,000 in a single year. 

17 ADVISORY COUNCIL ON HISTORIC PRESERVATION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Advisory Council on 

20 Historic Preservation (Public Law 89–665, as amended), 

21 $4,860,000: Provided, That none of these funds shall be 

22 available for compensation of level V of the Executive 

23 Schedule or higher positions. 
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1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES AND EXPENSES

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 MUSEUM

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. 

19 PRESIDIO TRUST

20 PRESIDIO TRUST FUND

21 For necessary expenses to carry out title I of the Om22 nibus Parks and Public Lands Management Act of 1996, 

23 $20,000,000 shall be available to the Presidio Trust, to 

24 remain available until expended. 
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HR 2361 RS 

1 WHITE HOUSE COMMISSION ON THE NATIONAL

2 MOMENT OF REMEMBRANCE

3 For necessary expenses of the White House Commis4 sion on the National Moment of Remembrance, $250,000. 

5 TITLE IV—GENERAL PROVISIONS 

6 SEC. 401. The expenditure of any appropriation 

7 under this Act for any consulting service through procure8 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

9 to those contracts where such expenditures are a matter 

10 of public record and available for public inspection, except 

11 where otherwise provided under existing law, or under ex12 isting Executive Order issued pursuant to existing law. 

13 SEC. 402. No part of any appropriation contained in 

14 this Act shall be available for any activity or the publica15 tion or distribution of literature that in any way tends to 

16 promote public support or opposition to any legislative 

17 proposal on which Congressional action is not complete. 

18 SEC. 403. No part of any appropriation contained in 

19 this Act shall remain available for obligation beyond the 

20 current fiscal year unless expressly so provided herein. 

21 SEC. 404. None of the funds provided in this Act to 

22 any department or agency shall be obligated or expended 

23 to provide a personal cook, chauffeur, or other personal 

24 servants to any officer or employee of such department 

25 or agency except as otherwise provided by law. 
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1 SEC. 405. No assessments may be levied against any 

2 program, budget activity, subactivity, or project funded by 

3 this Act unless notice of such assessments and the basis 

4 therefor are presented to the Committees on Appropria5 tions and are approved by such committees. 

6 SEC. 406. None of the funds in this Act may be used 

7 to plan, prepare, or offer for sale timber from trees classi8 fied as giant sequoia (Sequoiadendron giganteum) which 

9 are located on National Forest System or Bureau of Land 

10 Management lands in a manner different than such sales 

11 were conducted in fiscal year 2004. 

12 SEC. 407. (a) LIMITATION OF FUNDS.—None of the 

13 funds appropriated or otherwise made available pursuant 

14 to this Act shall be obligated or expended to accept or 

15 process applications for a patent for any mining or mill 

16 site claim located under the general mining laws. 

17 (b) EXCEPTIONS.—The provisions of subsection (a) 

18 shall not apply if the Secretary of the Interior determines 

19 that, for the claim concerned: (1) a patent application was 

20 filed with the Secretary on or before September 30, 1994; 

21 and (2) all requirements established under sections 2325 

22 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

23 for vein or lode claims and sections 2329, 2330, 2331, 

24 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

25 37) for placer claims, and section 2337 of the Revised 
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1 Statutes (30 U.S.C. 42) for mill site claims, as the case 

2 may be, were fully complied with by the applicant by that 

3 date. 

4 (c) REPORT.—On September 30, 2006, the Secretary 

5 of the Interior shall file with the House and Senate Com6 mittees on Appropriations and the Committee on Re7 sources of the House of Representatives and the Com8 mittee on Energy and Natural Resources of the Senate 

9 a report on actions taken by the Department under the 

10 plan submitted pursuant to section 314(c) of the Depart11 ment of the Interior and Related Agencies Appropriations 

12 Act, 1997 (Public Law 104–208). 

13 (d) MINERAL EXAMINATIONS.—In order to process 

14 patent applications in a timely and responsible manner, 

15 upon the request of a patent applicant, the Secretary of 

16 the Interior shall allow the applicant to fund a qualified 

17 third-party contractor to be selected by the Bureau of 

18 Land Management to conduct a mineral examination of 

19 the mining claims or mill sites contained in a patent appli20 cation as set forth in subsection (b). The Bureau of Land 

21 Management shall have the sole responsibility to choose 

22 and pay the third-party contractor in accordance with the 

23 standard procedures employed by the Bureau of Land 

24 Management in the retention of third-party contractors. 
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1 SEC. 408. Notwithstanding any other provision of 

2 law, amounts appropriated to or earmarked in committee 

3 reports for the Bureau of Indian Affairs and the Indian 

4 Health Service by Public Laws 103–138, 103–332, 104–

5 134, 104–208, 105–83, 105–277, 106–113, 106–291, 

6 107–63, 108–7, 108–108, and 108–447 for payments to 

7 tribes and tribal organizations for contract support costs 

8 associated with self-determination or self-governance con9 tracts, grants, compacts, or annual funding agreements 

10 with the Bureau of Indian Affairs or the Indian Health 

11 Service as funded by such Acts, are the total amounts 

12 available for fiscal years 1994 through 2005 for such pur13 poses, except that, for the Bureau of Indian Affairs, tribes 

14 and tribal organizations may use their tribal priority allo15 cations for unmet contract support costs of ongoing con16 tracts, grants, self-governance compacts or annual funding 

17 agreements. 

18 SEC. 409. Of the funds provided to the National En19 dowment for the Arts: 

20 (1) The Chairperson shall only award a grant 

21 to an individual if such grant is awarded to such in22 dividual for a literature fellowship, National Herit23 age Fellowship, or American Jazz Masters Fellow24 ship. 
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1 (2) The Chairperson shall establish procedures 

2 to ensure that no funding provided through a grant, 

3 except a grant made to a State or local arts agency, 

4 or regional group, may be used to make a grant to 

5 any other organization or individual to conduct ac6 tivity independent of the direct grant recipient. 

7 Nothing in this subsection shall prohibit payments 

8 made in exchange for goods and services. 

9 (3) No grant shall be used for seasonal support 

10 to a group, unless the application is specific to the 

11 contents of the season, including identified programs 

12 and/or projects. 

13 SEC. 410. The National Endowment for the Arts and 

14 the National Endowment for the Humanities are author15 ized to solicit, accept, receive, and invest in the name of 

16 the United States, gifts, bequests, or devises of money and 

17 other property or services and to use such in furtherance 

18 of the functions of the National Endowment for the Arts 

19 and the National Endowment for the Humanities. Any 

20 proceeds from such gifts, bequests, or devises, after ac21 ceptance by the National Endowment for the Arts or the 

22 National Endowment for the Humanities, shall be paid by 

23 the donor or the representative of the donor to the Chair24 man. The Chairman shall enter the proceeds in a special 
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1 interest-bearing account to the credit of the appropriate 

2 endowment for the purposes specified in each case. 

3 SEC. 411. (a) In providing services or awarding fi4 nancial assistance under the National Foundation on the 

5 Arts and the Humanities Act of 1965 from funds appro6 priated under this Act, the Chairperson of the National 

7 Endowment for the Arts shall ensure that priority is given 

8 to providing services or awarding financial assistance for 

9 projects, productions, workshops, or programs that serve 

10 underserved populations. 

11 (b) In this section: 

12 (1) The term ‘‘underserved population’’ means 

13 a population of individuals, including urban minori14 ties, who have historically been outside the purview 

15 of arts and humanities programs due to factors such 

16 as a high incidence of income below the poverty line 

17 or to geographic isolation. 

18 (2) The term ‘‘poverty line’’ means the poverty 

19 line (as defined by the Office of Management and 

20 Budget, and revised annually in accordance with sec21 tion 673(2) of the Community Services Block Grant 

22 Act (42 U.S.C. 9902(2)) applicable to a family of 

23 the size involved. 

24 (c) In providing services and awarding financial as25 sistance under the National Foundation on the Arts and 
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1 Humanities Act of 1965 with funds appropriated by this 

2 Act, the Chairperson of the National Endowment for the 

3 Arts shall ensure that priority is given to providing serv4 ices or awarding financial assistance for projects, produc5 tions, workshops, or programs that will encourage public 

6 knowledge, education, understanding, and appreciation of 

7 the arts. 

8 (d) With funds appropriated by this Act to carry out 

9 section 5 of the National Foundation on the Arts and Hu10 manities Act of 1965—

11 (1) the Chairperson shall establish a grant cat12 egory for projects, productions, workshops, or pro13 grams that are of national impact or availability or 

14 are able to tour several States; 

15 (2) the Chairperson shall not make grants ex16 ceeding 15 percent, in the aggregate, of such funds 

17 to any single State, excluding grants made under the 

18 authority of paragraph (1); 

19 (3) the Chairperson shall report to the Con20 gress annually and by State, on grants awarded by 

21 the Chairperson in each grant category under sec22 tion 5 of such Act; and 

23 (4) the Chairperson shall encourage the use of 

24 grants to improve and support community-based 

25 music performance and education. 
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1 SEC. 412. No part of any appropriation contained in 

2 this Act shall be expended or obligated to complete and 

3 issue the 5-year program under the Forest and Rangeland 

4 Renewable Resources Planning Act. 

5 SEC. 413. Amounts deposited during fiscal year 2005 

6 in the roads and trails fund provided for in the 14th para7 graph under the heading ‘‘FOREST SERVICE’’ of the 

8 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 

9 be used by the Secretary of Agriculture, without regard 

10 to the State in which the amounts were derived, to repair 

11 or reconstruct roads, bridges, and trails on National For12 est System lands or to carry out and administer projects 

13 to improve forest health conditions, which may include the 

14 repair or reconstruction of roads, bridges, and trails on 

15 National Forest System lands in the wildland-community 

16 interface where there is an abnormally high risk of fire. 

17 The projects shall emphasize reducing risks to human 

18 safety and public health and property and enhancing eco19 logical functions, long-term forest productivity, and bio20 logical integrity. The projects may be completed in a sub21 sequent fiscal year. Funds shall not be expended under 

22 this section to replace funds which would otherwise appro23 priately be expended from the timber salvage sale fund. 

24 Nothing in this section shall be construed to exempt any 

25 project from any environmental law. 
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1 SEC. 414. Other than in emergency situations, none 

2 of the funds in this Act may be used to operate telephone 

3 answering machines during core business hours unless 

4 such answering machines include an option that enables 

5 callers to reach promptly an individual on-duty with the 

6 agency being contacted. 

7 SEC. 415. Prior to October 1, 2006, the Secretary 

8 of Agriculture shall not be considered to be in violation 

9 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

10 Renewable Resources Planning Act of 1974 (16 U.S.C. 

11 1604(f)(5)(A)) solely because more than 15 years have 

12 passed without revision of the plan for a unit of the Na13 tional Forest System. Nothing in this section exempts the 

14 Secretary from any other requirement of the Forest and 

15 Rangeland Renewable Resources Planning Act (16 U.S.C. 

16 1600 et seq.) or any other law: Provided, That if the Sec17 retary is not acting expeditiously and in good faith, within 

18 the funding available, to revise a plan for a unit of the 

19 National Forest System, this section shall be void with re20 spect to such plan and a court of proper jurisdiction may 

21 order completion of the plan on an accelerated basis. 

22 SEC. 416. No funds provided in this Act may be ex23 pended to conduct preleasing, leasing and related activities 

24 under either the Mineral Leasing Act (30 U.S.C. 181 et 

25 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 
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1 1331 et seq.) within the boundaries of a National Monu2 ment established pursuant to the Act of June 8, 1906 (16 

3 U.S.C. 431 et seq.) as such boundary existed on January 

4 20, 2001, except where such activities are allowed under 

5 the Presidential proclamation establishing such monu6 ment. 

7 SEC. 417. EXTENSION OF FOREST SERVICE CONVEY8 ANCES PILOT PROGRAM.—Section 329 of the Department 

9 of the Interior and Related Agencies Appropriations Act, 

10 2002 (16 U.S.C. 580d note; Public Law 107–63) is 

11 amended—

12 (1) in subsection (b), by striking ‘‘40’’ and in13 serting ‘‘60’’; 

14 (2) in subsection (c) by striking ‘‘13’’ and in15 serting ‘‘25’’; and 

16 (3) in subsection (d), by striking ‘‘2008’’ and 

17 inserting ‘‘2009’’. 

18 SEC. 418. In entering into agreements with foreign 

19 countries pursuant to the Wildfire Suppression Assistance 

20 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

21 the Secretary of the Interior are authorized to enter into 

22 reciprocal agreements in which the individuals furnished 

23 under said agreements to provide wildfire services are con24 sidered, for purposes of tort liability, employees of the 

25 country receiving said services when the individuals are 
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1 engaged in fire suppression: Provided, That the Secretary 

2 of Agriculture or the Secretary of the Interior shall not 

3 enter into any agreement under this provision unless the 

4 foreign country (either directly or through its fire organi5 zation) agrees to assume any and all liability for the acts 

6 or omissions of American firefighters engaged in fire7 fighting in a foreign country: Provided further, That when 

8 an agreement is reached for furnishing fire fighting serv9 ices, the only remedies for acts or omissions committed 

10 while fighting fires shall be those provided under the laws 

11 of the host country, and those remedies shall be the exclu12 sive remedies for any claim arising out of fighting fires 

13 in a foreign country: Provided further, That neither the 

14 sending country nor any legal organization associated with 

15 the firefighter shall be subject to any legal action whatso16 ever pertaining to or arising out of the firefighter’s role 

17 in fire suppression. 

18 SEC. 419. None of the funds made available in this 

19 Act may be transferred to any department, agency, or in20 strumentality of the United States Government except 

21 pursuant to a transfer made by, or transfer authority pro22 vided in, this Act or any other appropriations Act. 

23 SEC. 420. In awarding a Federal contract with funds 

24 made available by this Act, the Secretary of Agriculture 

25 and the Secretary of the Interior (the ‘‘Secretaries’’) may, 
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1 in evaluating bids and proposals, give consideration to 

2 local contractors who are from, and who provide employ3 ment and training for, dislocated and displaced workers 

4 in an economically disadvantaged rural community, in5 cluding those historically timber-dependent areas that 

6 have been affected by reduced timber harvesting on Fed7 eral lands and other forest-dependent rural communities 

8 isolated from significant alternative employment opportu9 nities: Provided, That the Secretaries may award con10 tracts, grants or cooperative agreements to local non-prof11 it entities, Youth Conservation Corps or related partner12 ships with State, local or non-profit youth groups, or small 

13 or disadvantaged business or micro-business: Provided fur14 ther, That the contract, grant, or cooperative agreement 

15 is for forest hazardous fuels reduction, watershed or water 

16 quality monitoring or restoration, wildlife or fish popu17 lation monitoring, or habitat restoration or management: 

18 Provided further, That the terms ‘‘rural community’’ and 

19 ‘‘economically disadvantaged’’ shall have the same mean20 ings as in section 2374 of Public Law 101–624: Provided 

21 further, That the Secretaries shall develop guidance to im22 plement this section: Provided further, That nothing in 

23 this section shall be construed as relieving the Secretaries 

24 of any duty under applicable procurement laws, except as 

25 provided in this section. 
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1 SEC. 421. No funds appropriated in this Act for the 

2 acquisition of lands or interests in lands may be expended 

3 for the filing of declarations of taking or complaints in 

4 condemnation without the approval of the House and Sen5 ate Committees on Appropriations: Provided, That this 

6 provision shall not apply to funds appropriated to imple7 ment the Everglades National Park Protection and Ex8 pansion Act of 1989, or to funds appropriated for Federal 

9 assistance to the State of Florida to acquire lands for Ev10 erglades restoration purposes. 

11 SEC. 422. (a) LIMITATION ON COMPETITIVE

12 SOURCING STUDIES.—

13 (1) Of the funds made available by this or any 

14 other Act to the Department of the Interior for fis15 cal year 2006, not more than $3,450,000 may be 

16 used by the Secretary of the Interior to initiate or 

17 continue competitive sourcing studies in fiscal year 

18 2006 for programs, projects, and activities for which 

19 funds are appropriated by this Act and such funds 

20 shall not be available until the Secretary submits a 

21 reprogramming proposal to the Committees on Ap22 propriations of the Senate and the House of Rep23 resentatives, and such proposal has been processed 

24 consistent with the reprogramming guidelines in 

25 House Report 108–330. 
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1 (2) Of the funds appropriated by this Act, not 

2 more than $2,500,000 may be used in fiscal year 

3 2006 for competitive sourcing studies and related 

4 activities by the Forest Service. 

5 (b) COMPETITIVE SOURCING STUDY DEFINED.—In 

6 this section, the term ‘‘competitive sourcing study’’ means 

7 a study on subjecting work performed by Federal Govern8 ment employees or private contractors to public-private 

9 competition or on converting the Federal Government em10 ployees or the work performed by such employees to pri11 vate contractor performance under the Office of Manage12 ment and Budget Circular A–76 or any other administra13 tive regulation, directive, or policy. 

14 (c) COMPETITIVE SOURCING EXEMPTION FOR FOR15 EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL

16 YEAR 2006.—The Forest Service is hereby exempted from 

17 implementing the Letter of Obligation and post-competi18 tion accountability guidelines where a competitive sourcing 

19 study involved 65 or fewer full-time equivalents, the per20 formance decision was made in favor of the agency pro21 vider; no net savings was achieved by conducting the 

22 study, and the study was completed prior to the date of 

23 this Act. 

24 SEC. 423. Estimated overhead charges, deductions, 

25 reserves or holdbacks from programs, projects and activi-
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1 ties to support governmentwide, departmental, agency or 

2 bureau administrative functions or headquarters, regional 

3 or central office operations shall be presented in annual 

4 budget justifications. Changes to such estimates shall be 

5 presented to the Committees on Appropriations for ap6 proval. 

7 SEC. 424. None of the funds in this Act or prior Acts 

8 making appropriations for the Department of the Interior 

9 and Related Agencies may be provided to the managing 

10 partners or their agents for the SAFECOM or Disaster 

11 Management projects. 

12 SEC. 425. (a) IN GENERAL.—An entity that enters 

13 into a contract with the United States to operate the Na14 tional Recreation Reservation Service (as solicited by the 

15 solicitation numbered WO–04–06vm) shall not carry out 

16 any duties under the contract using: 

17 (1) a contact center located outside the United 

18 States; or 

19 (2) a reservation agent who does not live in the 

20 United States. 

21 (b) NO WAIVER.—The Secretary of Agriculture may 

22 not waive the requirements of subsection (a). 

23 (c) TELECOMMUTING.—A reservation agent who is 

24 carrying out duties under the contract described in sub-
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1 section (a) may not telecommute from a location outside 

2 the United States. 

3 (d) LIMITATIONS.—Nothing in this Act shall be con4 strued to apply to any employee of the entity who is not 

5 a reservation agent carrying out the duties under the con6 tract described in subsection (a) or who provides manage7 rial or support services. 

8 SEC. 426. Section 331, of Public Law 106–113, is 

9 amended—

10 (1) in part (a) by striking ‘‘2005’’ and inserting 

11 ‘‘2009’’; and 

12 (2) in part (b) by striking ‘‘2005’’ and inserting 

13 ‘‘2009’’. 

14 SEC. 427. Section 330 of the Department of the Inte15 rior and Related Agencies Appropriations Act, 2001 (Pub16 lic Law 106–291; 114 Stat. 996; 43 U.S.C. 1701 note), 

17 is amended—

18 (1) in the first sentence, by striking ‘‘2005’’ 

19 and inserting ‘‘2008’’; 

20 (2) in the third sentence, by inserting ‘‘, Na21 tional Park Service, Fish and Wildlife Service,’’ 

22 after ‘‘Bureau of Land Management’’; and 

23 (3) by adding at the end the following new sen24 tence: ‘‘To facilitate the sharing of resources under 

25 the Service First initiative, the Secretaries of the In-
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1 terior and Agriculture may make transfers of funds 

2 and reimbursement of funds on an annual basis 

3 among the land management agencies referred to in 

4 this section, except that this authority may not be 

5 used to circumvent requirements and limitations im6 posed on the use of funds.’’. 

7 SEC. 428. The Secretary of Agriculture may acquire, 

8 by exchange or otherwise, a parcel of real property, includ9 ing improvements thereon, of the Inland Valley Develop10 ment Agency of San Bernardino, California, or its succes11 sors and assigns, generally comprising Building No. 3 and 

12 Building No. 4 of the former Defense Finance and Ac13 counting Services complex located at the southwest corner 

14 of Tippecanoe Avenue and Mill Street in San Bernardino, 

15 California, adjacent to the former Norton Air Force Base. 

16 As full consideration for the property to be acquired, the 

17 Secretary of Agriculture may terminate the leasehold 

18 rights of the United States received pursuant to section 

19 8121(a)(2) of the Department of Defense Appropriations 

20 Act, 2005 (Public Law 108–287; 118 Stat. 999). The ac21 quisition of the property shall be on such terms and condi22 tions as the Secretary of Agriculture considers appropriate 

23 and may be carried out without appraisals, environmental 

24 or administrative surveys, consultations, analyses, or other 

25 considerations of the condition of the property. 
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1 SEC. 429. The Secretary of the Interior shall submit 

2 to the House Committee on Appropriations a report detail3 ing the Federal expenditures pursuant to the Southern 

4 Nevada Public Lands Management Act (section 4(e)(3) of 

5 Public Law 105–263) for fiscal years 2003 and 2004. 

6 SEC. 430. None of the funds in this Act may be used 

7 to prepare or issue a permit or lease for oil or gas drilling 

8 in the Finger Lakes National Forest, New York, during 

9 fiscal year 2006. 

10 SEC. 431. None of the funds made available in this 

11 Act for the Department of the Interior may be used to 

12 implement the first proviso under the heading ‘‘UNITED

13 STATES FISH AND WILDLIFE SERVICE-LAND ACQUISI14 TION’’. 

15 SEC. 432. None of the funds made available in this 

16 Act may be used in contravention of Executive Order No. 

17 12898 (Federal Actions to Address Environmental Justice 

18 in Minority Populations and Low-Income Populations) or 

19 to delay the implementation of that order. 

20 SEC. 433. None of the funds made available in this 

21 Act may be used to finalize, issue, implement, or enforce 

22 the proposed policy of the Environmental Protection Agen23 cy entitled ‘‘National Pollutant Discharge Elimination 

24 System (NPDES) Permit Requirements for Municipal 
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1 Wastewater Treatment During Wet Weather Conditions’’, 

2 dated November 3, 2003 (68 Fed. Reg. 63042). 

3 SEC. 434. None of the funds made available in this 

4 Act may be used by the Administrator of the Environ5 mental Protection Agency—

6 (1) to accept, consider, or rely on third-party 

7 intentional dosing human studies for pesticides; or 

8 (2) to conduct intentional dosing human studies 

9 for pesticides. 

10 SEC. 435. None of the funds made available in this 

11 Act may be used to send or otherwise pay for the attend12 ance of more than 50 Federal employees at any single con13 ference occurring outside the United States. 

14 SEC. 436. None of the funds made available in this 

15 Act for the Department of the Interior may be used to 

16 enter into or renew any concession contract except a con17 cession contract that includes a provision that requires 

18 that merchandise for sale at units of the National Park 

19 System be made in any State of the United States, the 

20 District of Columbia, the Commonwealth of Puerto Rico, 

21 Guam, the Virgin Islands, American Samoa, or the Com22 monwealth of the Northern Mariana Islands. 
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1 SEC. 437. LIMITATION ON USE OF FUNDS FOR SALE OR 

2 SLAUGHTER OF FREE-ROAMING HORSES AND 

3 BURROS. 

4 None of the funds made available by this Act may 

5 be used for the sale or slaughter of wild free-roaming 

6 horses and burros (as defined in Public Law 92–195). 

7 This Act may be cited as the ‘‘Department of the In8 terior, Environment, and Related Agencies Appropriations 

9 Act, 2006’’.

10 That the following sums are appropriated, out of any 

11 money in the Treasury not otherwise appropriated, for the 

12 Department of the Interior, environment, and related agen13 cies for the fiscal year ending September 30, 2006, and for 

14 other purposes, namely: 

15 TITLE I—DEPARTMENT OF THE INTERIOR 

16 BUREAU OF LAND MANAGEMENT

17 MANAGEMENT OF LANDS AND RESOURCES

18 For necessary expenses for protection, use, improve19 ment, development, disposal, cadastral surveying, classifica20 tion, acquisition of easements and other interests in lands, 

21 and performance of other functions, including maintenance 

22 of facilities, as authorized by law, in the management of 

23 lands and their resources under the jurisdiction of the Bu24 reau of Land Management, including the general adminis25 tration of the Bureau, and assessment of mineral potential 

26 of public lands pursuant to Public Law 96–487 (16 U.S.C. 
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1 3150(a)), $867,045,000, to remain available until expended, 

2 of which $1,000,000 is for high priority projects, to be car3 ried out by the Youth Conservation Corps; and of which 

4 $3,000,000 shall be available in fiscal year 2006 subject to 

5 a match by at least an equal amount by the National Fish 

6 and Wildlife Foundation for cost-shared projects supporting 

7 conservation of Bureau lands; and such funds shall be ad8 vanced to the Foundation as a lump sum grant without 

9 regard to when expenses are incurred. 

10 In addition, $32,696,000 is for Mining Law Adminis11 tration program operations, including the cost of admin12 istering the mining claim fee program; to remain available 

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

14 Bureau and credited to this appropriation from annual 

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

16 estimated at not more than $867,045,000, and $2,000,000, 

17 to remain available until expended, from communication 

18 site rental fees established by the Bureau for the cost of ad19 ministering communication site activities. 

20 WILDLAND FIRE MANAGEMENT

21 For necessary expenses for fire preparedness, suppres22 sion operations, fire science and research, emergency reha23 bilitation, hazardous fuels reduction, and rural fire assist24 ance by the Department of the Interior, $766,564,000, to 

25 remain available until expended, of which not to exceed 

26 $7,849,000 shall be for the renovation or construction of fire 
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1 facilities: Provided, That such funds are also available for 

2 repayment of advances to other appropriation accounts 

3 from which funds were previously transferred for such pur4 poses: Provided further, That persons hired pursuant to 43 

5 U.S.C. 1469 may be furnished subsistence and lodging with6 out cost from funds available from this appropriation: Pro7 vided further, That notwithstanding 42 U.S.C. 1856d, sums 

8 received by a bureau or office of the Department of the Inte9 rior for fire protection rendered pursuant to 42 U.S.C. 1856 

10 et seq., protection of United States property, may be cred11 ited to the appropriation from which funds were expended 

12 to provide that protection, and are available without fiscal 

13 year limitation: Provided further, That using the amounts 

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

15 Interior may enter into procurement contracts, grants, or 

16 cooperative agreements, for hazardous fuels reduction ac17 tivities, and for training and monitoring associated with 

18 such hazardous fuels reduction activities, on Federal land, 

19 or on adjacent non-Federal land for activities that benefit 

20 resources on Federal land: Provided further, That the costs 

21 of implementing any cooperative agreement between the 

22 Federal Government and any non-Federal entity may be 

23 shared, as mutually agreed on by the affected parties: Pro24 vided further, That notwithstanding requirements of the 

25 Competition in Contracting Act, the Secretary, for purposes 
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1 of hazardous fuels reduction activities, may obtain max2 imum practicable competition among: (1) local private, 

3 nonprofit, or cooperative entities; (2) Youth Conservation 

4 Corps crews or related partnerships with State, local, or 

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

6 (4) other entities that will hire or train locally a significant 

7 percentage, defined as 50 percent or more, of the project 

8 workforce to complete such contracts: Provided further, That 

9 in implementing this section, the Secretary shall develop 

10 written guidance to field units to ensure accountability and 

11 consistent application of the authorities provided herein: 

12 Provided further, That funds appropriated under this head 

13 may be used to reimburse the United States Fish and Wild14 life Service and the National Marine Fisheries Service for 

15 the costs of carrying out their responsibilities under the En16 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 

17 consult and conference, as required by section 7 of such Act, 

18 in connection with wildland fire management activities: 

19 Provided further, That the Secretary of the Interior may 

20 use wildland fire appropriations to enter into non-competi21 tive sole source leases of real property with local govern22 ments, at or below fair market value, to construct capital23 ized improvements for fire facilities on such leased prop24 erties, including but not limited to fire guard stations, re25 tardant stations, and other initial attack and fire support 
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1 facilities, and to make advance payments for any such lease 

2 or for construction activity associated with the lease: Pro3 vided further, That the Secretary of the Interior and the 

4 Secretary of Agriculture may authorize the transfer of funds 

5 appropriated for wildland fire management, in an aggre6 gate amount not to exceed $12,000,000, between the Depart7 ments when such transfers would facilitate and expedite 

8 jointly funded wildland fire management programs and 

9 projects: Provided further, That funds provided for wildfire 

10 suppression shall be available for support of Federal emer11 gency response actions. 

12 CONSTRUCTION

13 For construction of buildings, recreation facilities, 

14 roads, trails, and appurtenant facilities, $9,976,000, to re15 main available until expended. 

16 LAND ACQUISITION

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

18 and 318(d) of Public Law 94–579, including administra19 tive expenses and acquisition of lands or waters, or interests 

20 therein, $12,250,000, to be derived from the Land and 

21 Water Conservation Fund and to remain available until 

22 expended. 

23 OREGON AND CALIFORNIA GRANT LANDS

24 For expenses necessary for management, protection, 

25 and development of resources and for construction, oper26 ation, and maintenance of access roads, reforestation, and 
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1 other improvements on the revested Oregon and California 

2 Railroad grant lands, on other Federal lands in the Oregon 

3 and California land-grant counties of Oregon, and on adja4 cent rights-of-way; and acquisition of lands or interests 

5 therein, including existing connecting roads on or adjacent 

6 to such grant lands; $110,070,000, to remain available until 

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

8 receipts during the current fiscal year from the revested Or9 egon and California Railroad grant lands is hereby made 

10 a charge against the Oregon and California land-grant 

11 fund and shall be transferred to the General Fund in the 

12 Treasury in accordance with the second paragraph of sub13 section (b) of title II of the Act of August 28, 1937 (50 Stat. 

14 876). 

15 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

16 (REVOLVING FUND, SPECIAL ACCOUNT)

17 In addition to the purposes authorized in Public Law 

18 102–381, funds made available in the Forest Ecosystem 

19 Health and Recovery Fund can be used for the purpose of 

20 planning, preparing, implementing and monitoring salvage 

21 timber sales and forest ecosystem health and recovery activi22 ties, such as release from competing vegetation and density 

23 control treatments. The Federal share of receipts (defined 

24 as the portion of salvage timber receipts not paid to the 

25 counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et 

26 seq., and Public Law 106–393) derived from treatments 
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1 funded by this account shall be deposited into the Forest 

2 Ecosystem Health and Recovery Fund. 

3 RANGE IMPROVEMENTS

4 For rehabilitation, protection, and acquisition of lands 

5 and interests therein, and improvement of Federal range6 lands pursuant to section 401 of the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1701), notwith8 standing any other Act, sums equal to 50 percent of all 

9 moneys received during the prior fiscal year under sections 

10 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) 

11 and the amount designated for range improvements from 

12 grazing fees and mineral leasing receipts from Bankhead13 Jones lands transferred to the Department of the Interior 

14 pursuant to law, but not less than $10,000,000, to remain 

15 available until expended: Provided, That not to exceed 

16 $600,000 shall be available for administrative expenses. 

17 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

18 For administrative expenses and other costs related to 

19 processing application documents and other authorizations 

20 for use and disposal of public lands and resources, for costs 

21 of providing copies of official public land documents, for 

22 monitoring construction, operation, and termination of fa23 cilities in conjunction with use authorizations, and for re24 habilitation of damaged property, such amounts as may be 

25 collected under Public Law 94–579, as amended, and Public 

26 Law 93–153, to remain available until expended: Provided, 
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1 That, notwithstanding any provision to the contrary of sec2 tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any 

3 moneys that have been or will be received pursuant to that 

4 section, whether as a result of forfeiture, compromise, or set5 tlement, if not appropriate for refund pursuant to section 

6 305(c) of that Act (43 U.S.C. 1735(c)), shall be available 

7 and may be expended under the authority of this Act by 

8 the Secretary to improve, protect, or rehabilitate any public 

9 lands administered through the Bureau of Land Manage10 ment which have been damaged by the action of a resource 

11 developer, purchaser, permittee, or any unauthorized per12 son, without regard to whether all moneys collected from 

13 each such action are used on the exact lands damaged which 

14 led to the action: Provided further, That any such moneys 

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

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

17 to repair other damaged public lands. 

18 MISCELLANEOUS TRUST FUNDS

19 In addition to amounts authorized to be expended 

20 under existing laws, there is hereby appropriated such 

21 amounts as may be contributed under section 307 of the 

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

23 amounts as may be advanced for administrative costs, sur24 veys, appraisals, and costs of making conveyances of omit25 ted lands under section 211(b) of that Act, to remain avail26 able until expended. 
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Land Management 

3 shall be available for purchase, erection, and dismantlement 

4 of temporary structures, and alteration and maintenance 

5 of necessary buildings and appurtenant facilities to which 

6 the United States has title; up to $100,000 for payments, 

7 at the discretion of the Secretary, for information or evi8 dence concerning violations of laws administered by the Bu9 reau; miscellaneous and emergency expenses of enforcement 

10 activities authorized or approved by the Secretary and to 

11 be accounted for solely on her certificate, not to exceed 

12 $10,000: Provided, That notwithstanding 44 U.S.C. 501, 

13 the Bureau may, under cooperative cost-sharing and part14 nership arrangements authorized by law, procure printing 

15 services from cooperators in connection with jointly pro16 duced publications for which the cooperators share the cost 

17 of printing either in cash or in services, and the Bureau 

18 determines the cooperator is capable of meeting accepted 

19 quality standards. 

20 UNITED STATES FISH AND WILDLIFE SERVICE

21 RESOURCE MANAGEMENT

22 For necessary expenses of the United States Fish and 

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

24 and economic studies, maintenance of the herd of long25 horned cattle on the Wichita Mountains Wildlife Refuge, 
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1 general administration, and for the performance of other 

2 authorized functions related to such resources by direct ex3 penditure, contracts, grants, cooperative agreements and re4 imbursable agreements with public and private entities, 

5 $993,485,000, to remain available until September 30, 

6 2007, except as otherwise provided herein: Provided, That 

7 $2,000,000 is for high priority projects, which shall be car8 ried out by the Youth Conservation Corps: Provided further, 

9 That not to exceed $18,130,000 shall be used for imple10 menting subsections (a), (b), (c), and (e) of section 4 of the 

11 Endangered Species Act, as amended, for species that are 

12 indigenous to the United States (except for processing peti13 tions, developing and issuing proposed and final regula14 tions, and taking any other steps to implement actions de15 scribed in subsection (c)(2)(A), (c)(2)(B)(i), or 

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

17 used for any activity regarding the designation of critical 

18 habitat, pursuant to subsection (a)(3), excluding litigation 

19 support, for species listed pursuant to subsection (a)(1) 

20 prior to October 1, 2005: Provided further, That of the 

21 amount available for law enforcement, up to $400,000, to 

22 remain available until expended, may at the discretion of 

23 the Secretary be used for payment for information, rewards, 

24 or evidence concerning violations of laws administered by 

25 the Service, and miscellaneous and emergency expenses of 
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1 enforcement activity, authorized or approved by the Sec2 retary and to be accounted for solely on her certificate: Pro3 vided further, That of the amount provided for environ4 mental contaminants, up to $1,000,000 may remain avail5 able until expended for contaminant sample analyses. 

6 CONSTRUCTION

7 For construction, improvement, acquisition, or re8 moval of buildings and other facilities required in the con9 servation, management, investigation, protection, and utili10 zation of fishery and wildlife resources, and the acquisition 

11 of lands and interests therein; $31,811,000, to remain avail12 able until expended: Provided, That funds made available 

13 under the 2005 Consolidated Appropriations Act (Public 

14 Law 108–447) for the Chase Lake and Arrowwood National 

15 Wildlife Refuges, North Dakota, shall be transferred to 

16 North Dakota State University to complete planning and 

17 design for a Joint Interpretive Center. 

18 LAND ACQUISITION

19 For expenses necessary to carry out the Land and 

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

21 U.S.C. 460l–4 through 11), including administrative ex22 penses, and for acquisition of land or waters, or interest 

23 therein, in accordance with statutory authority applicable 

24 to the United States Fish and Wildlife Service, $40,827,000 

25 to be derived from the Land and Water Conservation Fund 

26 and to remain available until expended. 
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1 LANDOWNER INCENTIVE PROGRAM

2 For expenses necessary to carry out the Land and 

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

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

6 on private lands, $25,000,000, to be derived from the Land 

7 and Water Conservation Fund, and to remain available 

8 until expended: Provided, That the amount provided herein 

9 is for a Landowner Incentive Program established by the 

10 Secretary that provides matching, competitively awarded 

11 grants to States, the District of Columbia, federally recog12 nized Indian tribes, Puerto Rico, Guam, the United States 

13 Virgin Islands, the Northern Mariana Islands, and Amer14 ican Samoa, to establish or supplement existing landowner 

15 incentive programs that provide technical and financial as16 sistance, including habitat protection and restoration, to 

17 private landowners for the protection and management of 

18 habitat to benefit federally listed, proposed, candidate, or 

19 other at-risk species on private lands. 

20 PRIVATE STEWARDSHIP GRANTS

21 For expenses necessary to carry out the Land and 

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

23 U.S.C. 460l–4 through 11), including administrative ex24 penses, and for private conservation efforts to be carried out 

25 on private lands, $7,500,000, to be derived from the Land 

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

2 is for the Private Stewardship Grants Program established 

3 by the Secretary to provide grants and other assistance to 

4 individuals and groups engaged in private conservation ef5 forts that benefit federally listed, proposed, candidate, or 

6 other at-risk species. 

7 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

8 For expenses necessary to carry out section 6 of the 

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

10 as amended, $80,000,000, of which $34,347,000 is to be de11 rived from the Cooperative Endangered Species Conserva12 tion Fund and $45,653,000 is to be derived from the Land 

13 and Water Conservation Fund and to remain available 

14 until expended. 

15 NATIONAL WILDLIFE REFUGE FUND

16 For expenses necessary to implement the Act of October 

17 17, 1978 (16 U.S.C. 715s), $14,414,000. 

18 NORTH AMERICAN WETLANDS CONSERVATION FUND

19 For expenses necessary to carry out the provisions of 

20 the North American Wetlands Conservation Act, Public 

21 Law 101–233, as amended, $39,500,000, to remain avail22 able until expended. 

23 NEOTROPICAL MIGRATORY BIRD CONSERVATION

24 For financial assistance for projects to promote the 

25 conservation of neotropical migratory birds in accordance 

26 with the Neotropical Migratory Bird Conservation Act, 
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1 Public Law 106–247 (16 U.S.C. 6101–6109), $4,000,000, 

2 to remain available until expended. 

3 MULTINATIONAL SPECIES CONSERVATION FUND

4 For expenses necessary to carry out the African Ele5 phant Conservation Act (16 U.S.C. 4201–4203, 4211–4213, 

6 4221–4225, 4241–4245, and 1538), the Asian Elephant 

7 Conservation Act of 1997 (Public Law 105–96; 16 U.S.C. 

8 4261–4266), the Rhinoceros and Tiger Conservation Act of 

9 1994 (16 U.S.C. 5301–5306), the Great Ape Conservation 

10 Act of 2000 (16 U.S.C. 6301), and the Marine Turtle Con11 servation Act of 2004 (Public Law 108–266; 16 U.S.C. 

12 6601), $6,500,000, to remain available until expended. 

13 STATE AND TRIBAL WILDLIFE GRANTS

14 For wildlife conservation grants to States and to the 

15 District of Columbia, Puerto Rico, Guam, the United States 

16 Virgin Islands, the Northern Mariana Islands, American 

17 Samoa, and federally recognized Indian tribes under the 

18 provisions of the Fish and Wildlife Act of 1956 and the 

19 Fish and Wildlife Coordination Act, for the development 

20 and implementation of programs for the benefit of wildlife 

21 and their habitat, including species that are not hunted or 

22 fished, $72,000,000, to be derived from the Land and Water 

23 Conservation Fund, and to remain available until ex24 pended: Provided, That of the amount provided herein, 

25 $6,000,000 is for a competitive grant program for Indian 

26 tribes not subject to the remaining provisions of this appro-
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1 priation: Provided further, That the Secretary shall, after 

2 deducting said $6,000,000 and administrative expenses, ap3 portion the amount provided herein in the following man4 ner: (1) to the District of Columbia and to the Common5 wealth of Puerto Rico, each a sum equal to not more than 

6 one-half of 1 percent thereof; and (2) to Guam, American 

7 Samoa, the United States Virgin Islands, and the Common8 wealth of the Northern Mariana Islands, each a sum equal 

9 to not more than one-fourth of 1 percent thereof: Provided 

10 further, That the Secretary shall apportion the remaining 

11 amount in the following manner: (1) one-third of which is 

12 based on the ratio to which the land area of such State bears 

13 to the total land area of all such States; and (2) two-thirds 

14 of which is based on the ratio to which the population of 

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

16 Provided further, That the amounts apportioned under this 

17 paragraph shall be adjusted equitably so that no State shall 

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

19 amount available for apportionment under this paragraph 

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

21 Provided further, That the Federal share of planning grants 

22 shall not exceed 75 percent of the total costs of such projects 

23 and the Federal share of implementation grants shall not 

24 exceed 50 percent of the total costs of such projects: Provided 

25 further, That the non-Federal share of such projects may 
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1 not be derived from Federal grant programs: Provided fur2 ther, That no State, territory, or other jurisdiction shall re3 ceive a grant unless it has developed a comprehensive wild4 life conservation plan, consistent with criteria established 

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

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

7 and associated habitats, with appropriate priority placed 

8 on those species with the greatest conservation need and tak9 ing into consideration the relative level of funding available 

10 for the conservation of those species: Provided further, That 

11 any amount apportioned in 2006 to any State, territory, 

12 or other jurisdiction that remains unobligated as of Sep13 tember 30, 2007, shall be reapportioned, together with funds 

14 appropriated in 2008, in the manner provided herein: Pro15 vided further, That balances from amounts previously ap16 propriated under the heading ‘‘State Wildlife Grants’’ shall 

17 be transferred to and merged with this appropriation and 

18 shall remain available until expended. 

19 ADMINISTRATIVE PROVISIONS

20 Appropriations and funds available to the United 

21 States Fish and Wildlife Service shall be available for pur22 chase of not to exceed 61 passenger motor vehicles, of which 

23 61 are for replacement only (including 22 for police-type 

24 use); repair of damage to public roads within and adjacent 

25 to reservation areas caused by operations of the Service; op26 tions for the purchase of land at not to exceed $1 for each 
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1 option; facilities incident to such public recreational uses 

2 on conservation areas as are consistent with their primary 

3 purpose; and the maintenance and improvement of aquaria, 

4 buildings, and other facilities under the jurisdiction of the 

5 Service and to which the United States has title, and which 

6 are used pursuant to law in connection with management, 

7 and investigation of fish and wildlife resources: Provided, 

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

9 under cooperative cost sharing and partnership arrange10 ments authorized by law, procure printing services from co11 operators in connection with jointly produced publications 

12 for which the cooperators share at least one-half the cost 

13 of printing either in cash or services and the Service deter14 mines the cooperator is capable of meeting accepted quality 

15 standards: Provided further, That, notwithstanding any 

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

17 $2,000,000 from funds provided for contracts for employ18 ment-related legal services: Provided further, That the Serv19 ice may accept donated aircraft as replacements for existing 

20 aircraft: Provided further, That, notwithstanding any other 

21 provision of law, the Secretary of the Interior may not 

22 spend any of the funds appropriated in this Act for the 

23 purchase of lands or interests in lands to be used in the 

24 establishment of any new unit of the National Wildlife Ref25 uge System unless the purchase is approved in advance by 
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1 the House and Senate Committees on Appropriations in 

2 compliance with the reprogramming procedures contained 

3 in House Report 108–330. 

4 NATIONAL PARK SERVICE

5 OPERATION OF THE NATIONAL PARK SYSTEM

6 For expenses necessary for the management, operation, 

7 and maintenance of areas and facilities administered by 

8 the National Park Service (including special road mainte9 nance service to trucking permittees on a reimbursable 

10 basis), and for the general administration of the National 

11 Park Service, $1,748,486,000, of which $9,892,000 is for 

12 planning and interagency coordination in support of Ever13 glades restoration and shall remain available until ex14 pended; of which $98,100,000, to remain available until 

15 September 30, 2007, is for maintenance, repair or rehabili16 tation projects for constructed assets, operation of the Na17 tional Park Service automated facility management soft18 ware system, and comprehensive facility condition assess19 ments; and of which $1,937,000 is for the Youth Conserva20 tion Corps for high priority projects: Provided, That the 

21 only funds in this account which may be made available 

22 to support United States Park Police are those funds ap23 proved for emergency law and order incidents pursuant to 

24 established National Park Service procedures, those funds 

25 needed to maintain and repair United States Park Police 
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1 administrative facilities, and those funds necessary to reim2 burse the United States Park Police account for the 

3 unbudgeted overtime and travel costs associated with special 

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

5 to the review and concurrence of the Washington head6 quarters office. 

7 UNITED STATES PARK POLICE

8 For expenses necessary to carry out the programs of 

9 the United States Park Police, $80,411,000. 

10 NATIONAL RECREATION AND PRESERVATION

11 For expenses necessary to carry out recreation pro12 grams, natural programs, cultural programs, heritage part13 nership programs, environmental compliance and review, 

14 international park affairs, statutory or contractual aid for 

15 other activities, and grant administration, not otherwise 

16 provided for, $56,729,000: Provided, That none of the funds 

17 in this Act for the River, Trails and Conservation Assist18 ance program may be used for cash agreements, or for coop19 erative agreements that are inconsistent with the program’s 

20 final strategic plan. 

21 HISTORIC PRESERVATION FUND

22 For expenses necessary in carrying out the Historic 

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

24 the Omnibus Parks and Public Lands Management Act of 

25 1996 (Public Law 104–333), $72,500,000, to be derived 

26 from the Historic Preservation Fund and to remain avail-
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1 able until September 30, 2007, of which $30,000,000 shall 

2 be for Save America’s Treasures for preservation of nation3 ally significant sites, structures, and artifacts: Provided, 

4 That not to exceed $7,500,000 of the amount provided for 

5 Save America’s Treasures may be for Preserve America 

6 grants to States, Tribes, and local communities for projects 

7 that preserve important historic resources through the pro8 motion of heritage tourism: Provided further, That any in9 dividual Save America’s Treasures or Preserve America 

10 grant shall be matched by non-Federal funds: Provided fur11 ther, That individual projects shall only be eligible for one 

12 grant: Provided further, That all projects to be funded shall 

13 be approved by the Secretary of the Interior in consultation 

14 with the House and Senate Committees on Appropriations, 

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

16 Arts and Humanities prior to the commitment of Save 

17 America’s Treasures grant funds and with the Advisory 

18 Council on Historic Preservation prior to the commitment 

19 of Preserve America grant funds: Provided further, That 

20 Save America’s Treasures funds allocated for Federal 

21 projects, following approval, shall be available by transfer 

22 to appropriate accounts of individual agencies. 

23 CONSTRUCTION

24 (INCLUDING TRANSFER OF FUNDS)

25 For construction, improvements, repair or replacement 

26 of physical facilities, including the modifications authorized 
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1 by section 104 of the Everglades National Park Protection 

2 and Expansion Act of 1989, $316,201,000, to remain avail3 able until expended, of which $17,000,000 for modified 

4 water deliveries to Everglades National Park shall be de5 rived by transfer from unobligated balances in the ‘‘Land 

6 Acquisition and State Assistance’’ account for Everglades 

7 National Park land acquisitions, and of which $500,000 for 

8 the Mark Twain Boyhood Home National Historic Land9 mark shall be derived from the Historic Preservation Fund 

10 pursuant to 16 U.S.C. 470a: Provided, That none of the 

11 funds available to the National Park Service may be used 

12 to plan, design, or construct any partnership project with 

13 a total value in excess of $5,000,000, without advance ap14 proval of the House and Senate Committees on Appropria15 tions: Provided further, That notwithstanding any other 

16 provision of law, the National Park Service may not accept 

17 donations or services associated with the planning, design, 

18 or construction of such new facilities without advance ap19 proval of the House and Senate Committees on Appropria20 tions: Provided further, That funds provided under this 

21 heading for implementation of modified water deliveries to 

22 Everglades National Park shall be expended consistent with 

23 the requirements of the fifth proviso under this heading in 

24 Public Law 108–108: Provided further, That hereinafter 

25 notwithstanding any other provision of law, procurements 
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1 for the Mount Rainier National Park Jackson Visitor Cen2 ter replacement and the rehabilitation of Paradise Inn and 

3 Annex may be issued which include the full scope of the 

4 facility: Provided further, That the solicitation and contract 

5 shall contain the clause ‘‘availability of funds’’ found at 

6 48 CFR 52.232.18: Provided further, That none of the funds 

7 provided in this or any other Act may be used for planning, 

8 design, or construction of any underground security screen9 ing or visitor contact facility at the Washington Monument 

10 until such facility has been approved in writing by the 

11 House and Senate Committees on Appropriations. 

12 LAND AND WATER CONSERVATION FUND

13 (RESCISSION)

14 The contract authority provided for fiscal year 2006 

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

16 LAND ACQUISITION AND STATE ASSISTANCE

17 For expenses necessary to carry out the Land and 

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

19 460l–4 through 11), including administrative expenses, and 

20 for acquisition of lands or waters, or interest therein, in 

21 accordance with the statutory authority applicable to the 

22 National Park Service, $86,005,000, to be derived from the 

23 Land and Water Conservation Fund and to remain avail24 able until expended, of which $30,000,000 is for the State 

25 assistance program including $1,587,000 for program ad26 ministration: Provided, That none of the funds provided for 
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1 the State assistance program may be used to establish a 

2 contingency fund. 

3 ADMINISTRATIVE PROVISIONS

4 Appropriations for the National Park Service shall be 

5 available for the purchase of not to exceed 245 passenger 

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

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

8 and 8 ambulances: Provided, That none of the funds appro9 priated to the National Park Service may be used to imple10 ment an agreement for the redevelopment of the southern 

11 end of Ellis Island until such agreement has been submitted 

12 to the Congress and shall not be implemented prior to the 

13 expiration of 30 calendar days (not including any day in 

14 which either House of Congress is not in session because 

15 of adjournment of more than 3 calendar days to a day cer16 tain) from the receipt by the Speaker of the House of Rep17 resentatives and the President of the Senate of a full and 

18 comprehensive report on the development of the southern 

19 end of Ellis Island, including the facts and circumstances 

20 relied upon in support of the proposed project: Provided fur21 ther, That in fiscal year 2006 and thereafter, appropria22 tions available to the National Park Service may be used 

23 to maintain the following areas in Washington, District of 

24 Columbia: Jackson Place, Madison Place, and Pennsyl25 vania Avenue between 15th and 17th Streets, Northwest. 
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1 None of the funds in this Act may be spent by the Na2 tional Park Service for activities taken in direct response 

3 to the United Nations Biodiversity Convention. 

4 The National Park Service may distribute to operating 

5 units based on the safety record of each unit the costs of 

6 programs designed to improve workplace and employee safe7 ty, and to encourage employees receiving workers’ com8 pensation benefits pursuant to chapter 81 of title 5, United 

9 States Code, to return to appropriate positions for which 

10 they are medically able. 

11 If the Secretary of the Interior considers the decision 

12 of any value determination proceeding conducted under a 

13 National Park Service concession contract issued prior to 

14 November 13, 1998, to misinterpret or misapply relevant 

15 contractual requirements or their underlying legal author16 ity, the Secretary may seek, within 180 days of any such 

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

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

19 may make an order affirming, vacating, modifying or cor20 recting the determination. 

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

22 of Public Law 105–391, franchise fees credited to a sub23 account shall be available for expenditure by the Secretary, 

24 without further appropriation, for use at any unit within 

25 the National Park System to extinguish or reduce liability 
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HR 2361 RS 

1 for Possessory Interest or leasehold surrender interest. Such 

2 funds may only be used for this purpose to the extent that 

3 the benefiting unit anticipated franchise fee receipts over 

4 the term of the contract at that unit exceed the amount of 

5 funds used to extinguish or reduce liability. Franchise fees 

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

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

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

9 of funds so expended to extinguish or reduce liability. 

10 UNITED STATES GEOLOGICAL SURVEY

11 SURVEYS, INVESTIGATIONS, AND RESEARCH

12 For expenses necessary for the United States Geological 

13 Survey to perform surveys, investigations, and research cov14 ering topography, geology, hydrology, biology, and the min15 eral and water resources of the United States, its territories 

16 and possessions, and other areas as authorized by 43 U.S.C. 

17 31, 1332, and 1340; classify lands as to their mineral and 

18 water resources; give engineering supervision to power per19 mittees and Federal Energy Regulatory Commission licens20 ees; administer the minerals exploration program (30 

21 U.S.C. 641); to conduct inquiries into the economic condi22 tions affecting mining and materials processing industries 

23 (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 

24 purposes as authorized by law; and to publish and dissemi25 nate data relative to the foregoing activities; $963,057,000, 
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1 of which $63,770,000 shall be available only for cooperation 

2 with States or municipalities for water resources investiga3 tions; of which $7,791,000 shall remain available until ex4 pended for satellite operations; of which $21,720,000 shall 

5 be available until September 30, 2007, for the operation and 

6 maintenance of facilities and deferred maintenance; of 

7 which $1,600,000 shall be available until expended for de8 ferred maintenance and capital improvement projects that 

9 exceed $100,000 in cost; and of which $174,280,000 shall 

10 be available until September 30, 2007, for the biological re11 search activity and the operation of the Cooperative Re12 search Units: Provided, That none of the funds provided 

13 for the biological research activity shall be used to conduct 

14 new surveys on private property, unless specifically author15 ized in writing by the property owner: Provided further, 

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

17 more than one-half the cost of topographic mapping or 

18 water resources data collection and investigations carried 

19 on in cooperation with States and municipalities. 

20 ADMINISTRATIVE PROVISIONS

21 From within the amount appropriated for activities 

22 of the United States Geological Survey such sums as are 

23 necessary shall be available for the purchase and replace24 ment of passenger motor vehicles; reimbursement to the 

25 General Services Administration for security guard serv26 ices; contracting for the furnishing of topographic maps and 
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1 for the making of geophysical or other specialized surveys 

2 when it is administratively determined that such proce3 dures are in the public interest; construction and mainte4 nance of necessary buildings and appurtenant facilities; ac5 quisition of lands for gauging stations and observation 

6 wells; expenses of the United States National Committee on 

7 Geology; and payment of compensation and expenses of per8 sons on the rolls of the Survey duly appointed to represent 

9 the United States in the negotiation and administration 

10 of interstate compacts: Provided, That activities funded by 

11 appropriations herein made may be accomplished through 

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

13 defined in 31 U.S.C. 6302 et seq.: Provided further, That 

14 the United States Geological Survey may enter into con15 tracts or cooperative agreements directly with individuals 

16 or indirectly with institutions or nonprofit organizations, 

17 without regard to 41 U.S.C. 5, for the temporary or inter18 mittent services of students or recent graduates, who shall 

19 be considered employees for the purpose of chapters 57 and 

20 81 of title 5, United States Code, relating to compensation 

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

22 United States Code, relating to tort claims, but shall not 

23 be considered to be Federal employees for any other pur24 poses. 
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1 MINERALS MANAGEMENT SERVICE

2 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

3 For expenses necessary for minerals leasing and envi4 ronmental studies, regulation of industry operations, and 

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

6 laws and regulations applicable to oil, gas, and other min7 erals leases, permits, licenses and operating contracts; and 

8 for matching grants or cooperative agreements; including 

9 the purchase of not to exceed eight passenger motor vehicles 

10 for replacement only, $152,516,000, of which $78,529,000 

11 shall be available for royalty management activities; and 

12 an amount not to exceed $122,730,000, to be credited to this 

13 appropriation and to remain available until expended, 

14 from additions to receipts resulting from increases to rates 

15 in effect on August 5, 1993, from rate increases to fee collec16 tions for Outer Continental Shelf administrative activities 

17 performed by the Minerals Management Service (MMS) 

18 over and above the rates in effect on September 30, 1993, 

19 and from additional fees for Outer Continental Shelf ad20 ministrative activities established after September 30, 1993: 

21 Provided, That to the extent $122,730,000 in additions to 

22 receipts are not realized from the sources of receipts stated 

23 above, the amount needed to reach $122,730,000 shall be 

24 credited to this appropriation from receipts resulting from 

25 rental rates for Outer Continental Shelf leases in effect be-
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1 fore August 5, 1993: Provided further, That $3,000,000 for 

2 computer acquisitions shall remain available until Sep3 tember 30, 2007: Provided further, That not to exceed 

4 $3,000 shall be available for reasonable expenses related to 

5 promoting volunteer beach and marine cleanup activities: 

6 Provided further, That notwithstanding any other provision 

7 of law, $15,000 under this heading shall be available for 

8 refunds of overpayments in connection with certain Indian 

9 leases in which the Director of MMS concurred with the 

10 claimed refund due, to pay amounts owed to Indian 

11 allottees or tribes, or to correct prior unrecoverable erro12 neous payments: Provided further, That in fiscal year 2006 

13 and thereafter, MMS may under the royalty-in-kind pro14 gram, or under its authority to transfer oil to the Strategic 

15 Petroleum Reserve, use a portion of the revenues from roy16 alty-in-kind sales, without regard to fiscal year limitation, 

17 to pay for transportation to wholesale market centers or up18 stream pooling points, to process or otherwise dispose of 

19 royalty production taken in kind, and to recover MMS 

20 transportation costs, salaries, and other administrative 

21 costs directly related to the royalty-in-kind program: Pro22 vided further, That MMS shall analyze and document the 

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

24 assure to the maximum extent practicable that royalty in25 come under the program is equal to or greater than royalty 
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HR 2361 RS 

1 income recognized under a comparable royalty-in-value 

2 program. 

3 OIL SPILL RESEARCH

4 For necessary expenses to carry out title I, section 

5 1016, title IV, sections 4202 and 4303, title VII, and title 

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

7 $7,006,000, which shall be derived from the Oil Spill Liabil8 ity Trust Fund, to remain available until expended. 

9 OFFICE OF SURFACE MINING RECLAMATION AND

10 ENFORCEMENT

11 REGULATION AND TECHNOLOGY

12 For necessary expenses to carry out the provisions of 

13 the Surface Mining Control and Reclamation Act of 1977, 

14 Public Law 95–87, as amended, including the purchase of 

15 not to exceed 10 passenger motor vehicles, for replacement 

16 only; $110,435,000: Provided, That the Secretary of the In17 terior, pursuant to regulations, may use directly or through 

18 grants to States, moneys collected in fiscal year 2006 for 

19 civil penalties assessed under section 518 of the Surface 

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

21 1268), to reclaim lands adversely affected by coal mining 

22 practices after August 3, 1977, to remain available until 

23 expended: Provided further, That appropriations for the Of24 fice of Surface Mining Reclamation and Enforcement may 

25 provide for the travel and per diem expenses of State and 
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1 tribal personnel attending Office of Surface Mining Rec2 lamation and Enforcement sponsored training. 

3 ABANDONED MINE RECLAMATION FUND

4 For necessary expenses to carry out title IV of the Sur5 face Mining Control and Reclamation Act of 1977, Public 

6 Law 95–87, as amended, including the purchase of not more 

7 than 10 passenger motor vehicles for replacement only, 

8 $188,014,000, to be derived from receipts of the Abandoned 

9 Mine Reclamation Fund and to remain available until ex10 pended; of which up to $10,000,000, to be derived from the 

11 Federal Expenses Share of the Fund, shall be for supple12 mental grants to States for the reclamation of abandoned 

13 sites with acid mine rock drainage from coal mines, and 

14 for associated activities, through the Appalachian Clean 

15 Streams Initiative: Provided, That grants to minimum pro16 gram States will be $1,500,000 per State in fiscal year 

17 2006: Provided further, That pursuant to Public Law 97–

18 365, the Department of the Interior is authorized to use up 

19 to 20 percent from the recovery of the delinquent debt owed 

20 to the United States Government to pay for contracts to 

21 collect these debts: Provided further, That funds made avail22 able under title IV of Public Law 95–87 may be used for 

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

24 by the Federal Government for the purpose of environ25 mental restoration related to treatment or abatement of acid 

26 mine drainage from abandoned mines: Provided further, 
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1 That such projects must be consistent with the purposes and 

2 priorities of the Surface Mining Control and Reclamation 

3 Act: Provided further, That the State of Maryland may set 

4 aside the greater of $1,000,000 or 10 percent of the total 

5 of the grants made available to the State under title IV of 

6 the Surface Mining Control and Reclamation Act of 1977, 

7 as amended (30 U.S.C. 1231 et seq.), if the amount set aside 

8 is deposited in an acid mine drainage abatement and treat9 ment fund established under a State law, pursuant to which 

10 law the amount (together with all interest earned on the 

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

12 drainage abatement and treatment projects, except that be13 fore any amounts greater than 10 percent of its title IV 

14 grants are deposited in an acid mine drainage abatement 

15 and treatment fund, the State of Maryland must first com16 plete all Surface Mining Control and Reclamation Act pri17 ority one projects: Provided further, That amounts provided 

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

19 expenses of State and tribal personnel attending Office of 

20 Surface Mining Reclamation and Enforcement sponsored 

21 training. 

22 ADMINISTRATIVE PROVISION

23 With funds available for the Technical Innovation and 

24 Professional Services program in this Act, the Secretary 

25 may transfer title for computer hardware, software and 
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HR 2361 RS 

1 other technical equipment to State and Tribal regulatory 

2 and reclamation programs. 

3 BUREAU OF INDIAN AFFAIRS

4 OPERATION OF INDIAN PROGRAMS

5 For expenses necessary for the operation of Indian pro6 grams, as authorized by law, including the Snyder Act of 

7 November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter8 mination and Education Assistance Act of 1975 (25 U.S.C. 

9 450 et seq.), as amended, the Education Amendments of 

10 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled 

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

12 $1,971,132,000, to remain available until September 30, 

13 2007 except as otherwise provided herein, of which not to 

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

15 and notwithstanding any other provision of law, including 

16 but not limited to the Indian Self-Determination Act of 

17 1975, as amended, not to exceed $134,609,000 shall be 

18 available for payments to tribes and tribal organizations 

19 for contract support costs associated with ongoing contracts, 

20 grants, compacts, or annual funding agreements entered 

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

22 as authorized by such Act, except that tribes and tribal or23 ganizations may use their tribal priority allocations for 

24 unmet indirect contract support costs of ongoing contracts, 

25 grants, or compacts, or annual funding agreements and for 
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1 unmet welfare assistance costs; and of which not to exceed 

2 $454,725,000 for school operations costs of Bureau-funded 

3 schools and other education programs shall become available 

4 on July 1, 2006, and shall remain available until Sep5 tember 30, 2007; and of which not to exceed $61,667,000 

6 shall remain available until expended for housing improve7 ment, road maintenance, attorney fees, litigation support, 

8 the Indian Self-Determination Fund, land records improve9 ment, and the Navajo-Hopi Settlement Program: Provided, 

10 That notwithstanding any other provision of law, including 

11 but not limited to the Indian Self-Determination Act of 

12 1975, as amended, and 25 U.S.C. 2008, not to exceed 

13 $44,718,000 within and only from such amounts made 

14 available for school operations shall be available to tribes 

15 and tribal organizations for administrative cost grants as16 sociated with ongoing grants entered into with the Bureau 

17 prior to or during fiscal year 2005 for the operation of Bu18 reau-funded schools, and up to $500,000 within and only 

19 from such amounts made available for school operations 

20 shall be available for the transitional costs of initial admin21 istrative cost grants to tribes and tribal organizations that 

22 enter into grants for the operation on or after July 1, 2005, 

23 of Bureau-operated schools: Provided further, That any for24 estry funds allocated to a tribe which remain unobligated 

25 as of September 30, 2007, may be transferred during fiscal 
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1 year 2008 to an Indian forest land assistance account estab2 lished for the benefit of such tribe within the tribe’s trust 

3 fund account: Provided further, That any such unobligated 

4 balances not so transferred shall expire on September 30, 

5 2008. 

6 CONSTRUCTION

7 For construction, repair, improvement, and mainte8 nance of irrigation and power systems, buildings, utilities, 

9 and other facilities, including architectural and engineering 

10 services by contract; acquisition of lands, and interests in 

11 lands; and preparation of lands for farming, and for con12 struction of the Navajo Indian Irrigation Project pursuant 

13 to Public Law 87–483, $267,137,000, to remain available 

14 until expended: Provided, That such amounts as may be 

15 available for the construction of the Navajo Indian Irriga16 tion Project may be transferred to the Bureau of Reclama17 tion: Provided further, That not to exceed 6 percent of con18 tract authority available to the Bureau of Indian Affairs 

19 from the Federal Highway Trust Fund may be used to cover 

20 the road program management costs of the Bureau: Pro21 vided further, That any funds provided for the Safety of 

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

23 available on a nonreimbursable basis: Provided further, 

24 That for fiscal year 2006, in implementing new construc25 tion or facilities improvement and repair project grants in 

26 excess of $100,000 that are provided to tribally controlled 
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1 grant schools under Public Law 100–297, as amended, the 

2 Secretary of the Interior shall use the Administrative and 

3 Audit Requirements and Cost Principles for Assistance Pro4 grams contained in 43 CFR part 12 as the regulatory re5 quirements: Provided further, That such grants shall not 

6 be subject to section 12.61 of 43 CFR; the Secretary and 

7 the grantee shall negotiate and determine a schedule of pay8 ments for the work to be performed: Provided further, That 

9 in considering applications, the Secretary shall consider 

10 whether the Indian tribe or tribal organization would be 

11 deficient in assuring that the construction projects conform 

12 to applicable building standards and codes and Federal, 

13 tribal, or State health and safety standards as required by 

14 25 U.S.C. 2005(b), with respect to organizational and fi15 nancial management capabilities: Provided further, That if 

16 the Secretary declines an application, the Secretary shall 

17 follow the requirements contained in 25 U.S.C. 2504(f): 

18 Provided further, That any disputes between the Secretary 

19 and any grantee concerning a grant shall be subject to the 

20 disputes provision in 25 U.S.C. 2507(e): Provided further, 

21 That in order to ensure timely completion of replacement 

22 school construction projects, the Secretary may assume con23 trol of a project and all funds related to the project, if, with24 in eighteen months of the date of enactment of this Act, any 

25 tribe or tribal organization receiving funds appropriated 
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1 in this Act or in any prior Act, has not completed the plan2 ning and design phase of the project and commenced con3 struction of the replacement school: Provided further, That 

4 this Appropriation may be reimbursed from the Office of 

5 the Special Trustee for American Indians Appropriation 

6 for the appropriate share of construction costs for space ex7 pansion needed in agency offices to meet trust reform imple8 mentation. 

9 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

10 MISCELLANEOUS PAYMENTS TO INDIANS

11 For miscellaneous payments to Indian tribes and indi12 viduals and for necessary administrative expenses, 

13 $24,754,000, to remain available until expended, for imple14 mentation of Indian land and water claim settlements pur15 suant to Public Laws 99–264, 100–580, 101–618, 106–554, 

16 107–331, and 108–34, and for implementation of other land 

17 and water rights settlements. 

18 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

19 For the cost of guaranteed and insured loans, 

20 $6,348,000, of which $701,000 is for administrative ex21 penses, as authorized by the Indian Financing Act of 1974, 

22 as amended: Provided, That such costs, including the cost 

23 of modifying such loans, shall be as defined in section 502 

24 of the Congressional Budget Act of 1974: Provided further, 

25 That these funds are available to subsidize total loan prin-
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1 cipal, any part of which is to be guaranteed, not to exceed 

2 $118,884,000. 

3 ADMINISTRATIVE PROVISIONS

4 The Bureau of Indian Affairs may carry out the oper5 ation of Indian programs by direct expenditure, contracts, 

6 cooperative agreements, compacts and grants, either di7 rectly or in cooperation with States and other organiza8 tions. 

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

10 Affairs may contract for services in support of the manage11 ment, operation, and maintenance of the Power Division 

12 of the San Carlos Irrigation Project. 

13 Appropriations for the Bureau of Indian Affairs (ex14 cept the revolving fund for loans, the Indian loan guarantee 

15 and insurance fund, and the Indian Guaranteed Loan Pro16 gram account) shall be available for expenses of exhibits, 

17 and purchase of not to exceed 229 passenger motor vehicles, 

18 of which not to exceed 187 shall be for replacement only. 

19 Notwithstanding any other provision of law, no funds 

20 available to the Bureau of Indian Affairs for central office 

21 operations or pooled overhead general administration (ex22 cept facilities operations and maintenance) shall be avail23 able for tribal contracts, grants, compacts, or cooperative 

24 agreements with the Bureau of Indian Affairs under the 

25 provisions of the Indian Self-Determination Act or the 

26 Tribal Self-Governance Act of 1994 (Public Law 103–413). 
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1 In the event any tribe returns appropriations made 

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

3 distribution to other tribes, this action shall not diminish 

4 the Federal Government’s trust responsibility to that tribe, 

5 or the government-to-government relationship between the 

6 United States and that tribe, or that tribe’s ability to access 

7 future appropriations. 

8 Notwithstanding any other provision of law, no funds 

9 available to the Bureau, other than the amounts provided 

10 herein for assistance to public schools under 25 U.S.C. 452 

11 et seq., shall be available to support the operation of any 

12 elementary or secondary school in the State of Alaska. 

13 Appropriations made available in this or any other 

14 Act for schools funded by the Bureau shall be available only 

15 to the schools in the Bureau school system as of September 

16 1, 1996. No funds available to the Bureau shall be used to 

17 support expanded grades for any school or dormitory be18 yond the grade structure in place or approved by the Sec19 retary of the Interior at each school in the Bureau school 

20 system as of October 1, 1995. Funds made available under 

21 this Act may not be used to establish a charter school at 

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

23 1146 of the Education Amendments of 1978 (25 U.S.C. 

24 2026)), except that a charter school that is in existence on 

25 the date of the enactment of this Act and that has operated 
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1 at a Bureau-funded school before September 1, 1999, may 

2 continue to operate during that period, but only if the char3 ter school pays to the Bureau a pro rata share of funds 

4 to reimburse the Bureau for the use of the real and personal 

5 property (including buses and vans), the funds of the char6 ter school are kept separate and apart from Bureau funds, 

7 and the Bureau does not assume any obligation for charter 

8 school programs of the State in which the school is located 

9 if the charter school loses such funding. Employees of Bu10 reau-funded schools sharing a campus with a charter school 

11 and performing functions related to the charter school’s op12 eration and employees of a charter school shall not be treat13 ed as Federal employees for purposes of chapter 171 of title 

14 28, United States Code. 

15 Notwithstanding any other provision of law, including 

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

17 113, if a tribe or tribal organization in fiscal year 2003 

18 or 2004 received indirect and administrative costs pursuant 

19 to a distribution formula based on section 5(f) of Public 

20 Law 101–301, the Secretary shall continue to distribute in21 direct and administrative cost funds to such tribe or tribal 

22 organization using the section 5(f) distribution formula. 
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1 DEPARTMENTAL OFFICES

2 INSULAR AFFAIRS

3 ASSISTANCE TO TERRITORIES

4 For expenses necessary for assistance to territories 

5 under the jurisdiction of the Department of the Interior, 

6 $76,683,000, of which: (1) $69,802,000 shall be available 

7 until expended for technical assistance, including mainte8 nance assistance, disaster assistance, insular management 

9 controls, coral reef initiative activities, and brown tree 

10 snake control and research; grants to the judiciary in Amer11 ican Samoa for compensation and expenses, as authorized 

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

13 American Samoa, in addition to current local revenues, for 

14 construction and support of governmental functions; grants 

15 to the Government of the Virgin Islands as authorized by 

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

17 law; and grants to the Government of the Northern Mariana 

18 Islands as authorized by law (Public Law 94–241; 90 Stat. 

19 272); and (2) $6,881,000 shall be available for salaries and 

20 expenses of the Office of Insular Affairs: Provided, That all 

21 financial transactions of the territorial and local govern22 ments herein provided for, including such transactions of 

23 all agencies or instrumentalities established or used by such 

24 governments, may be audited by the Government Account25 ability Office, at its discretion, in accordance with chapter 
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1 35 of title 31, United States Code: Provided further, That 

2 Northern Mariana Islands Covenant grant funding shall be 

3 provided according to those terms of the Agreement of the 

4 Special Representatives on Future United States Financial 

5 Assistance for the Northern Mariana Islands approved by 

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

7 provided for technical assistance, sufficient funds shall be 

8 made available for a grant to the Pacific Basin Develop9 ment Council: Provided further, That of the amounts pro10 vided for technical assistance, sufficient funding shall be 

11 made available for a grant to the Close Up Foundation: 

12 Provided further, That the funds for the program of oper13 ations and maintenance improvement are appropriated to 

14 institutionalize routine operations and maintenance im15 provement of capital infrastructure with territorial partici16 pation and cost sharing to be determined by the Secretary 

17 based on the grantee’s commitment to timely maintenance 

18 of its capital assets: Provided further, That any appropria19 tion for disaster assistance under this heading in this Act 

20 or previous appropriations Acts may be used as non-Fed21 eral matching funds for the purpose of hazard mitigation 

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

23 Stafford Disaster Relief and Emergency Assistance Act (42 

24 U.S.C. 5170c). 
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1 COMPACT OF FREE ASSOCIATION

2 For grants and necessary expenses, $4,862,000, to re3 main available until expended, as provided for in sections 

4 221(a)(2), 221(b), and 233 of the Compact of Free Associa5 tion for the Republic of Palau; and section 221(a)(2) of the 

6 Compacts of Free Association for the Government of the Re7 public of the Marshall Islands and the Federated States of 

8 Micronesia, as authorized by Public Law 99–658 and Pub9 lic Law 108–188. 

10 DEPARTMENTAL MANAGEMENT

11 SALARIES AND EXPENSES

12 For necessary expenses for management of the Depart13 ment of the Interior, $94,627,000; of which $7,441,000 is 

14 to be derived from the Land and Water Conservation Fund 

15 and shall remain available until expended; of which not to 

16 exceed $8,500 may be for official reception and representa17 tion expenses; and of which up to $1,000,000 shall be avail18 able for workers compensation payments and unemploy19 ment compensation payments associated with the orderly 

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

21 That none of the funds in this Act or previous appropria22 tions Acts may be used to establish reserves in the Working 

23 Capital Fund account other than for accrued annual leave 

24 and depreciation of equipment without prior approval of 

25 the House and Senate Committees on Appropriations: Pro-
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1 vided further, That amounts otherwise appropriated by this 

2 Act for administrative expenses in operating accounts for 

3 bureaus and offices of the Department of the Interior are 

4 reduced by $10,000,000 and, not later than 30 days after 

5 the date of enactment of this Act, the Director of the Office 

6 of Management and Budget shall submit to the Committees 

7 on Appropriations of the House of Representatives and the 

8 Senate a listing by account of the pro rata reduction in 

9 such accounts made pursuant to this provision. 

10 WORKING CAPITAL FUND

11 For the acquisition of a departmental financial and 

12 business management system, $22,555,000, to remain avail13 able until expended. 

14 PAYMENTS IN LIEU OF TAXES

15 For expenses necessary to implement the Act of October 

16 20, 1976, as amended (31 U.S.C. 6901–6907), 

17 $235,000,000, of which not to exceed $400,000 shall be 

18 available for administrative expenses: Provided, That no 

19 payment shall be made to otherwise eligible units of local 

20 government if the computed amount of the payment is less 

21 than $100. 

22 CENTRAL HAZARDOUS MATERIALS FUND

23 For necessary expenses of the Department of the Inte24 rior and any of its component offices and bureaus for the 

25 remedial action, including associated activities, of haz26 ardous waste substances, pollutants, or contaminants pur-
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1 suant to the Comprehensive Environmental Response, Com2 pensation, and Liability Act, as amended (42 U.S.C. 9601 

3 et seq.), $9,855,000, to remain available until expended: 

4 Provided, That hereafter, notwithstanding 31 U.S.C. 3302, 

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

6 as reimbursement for remedial action or response activities 

7 conducted by the Department pursuant to section 107 or 

8 113(f) of such Act, shall be credited to this account, to be 

9 available until expended without further appropriation: 

10 Provided further, That hereafter such sums recovered from 

11 or paid by any party are not limited to monetary payments 

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

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

14 disposed of by the Secretary and which shall be credited 

15 to this account. 

16 OFFICE OF THE SOLICITOR

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of the Solicitor, 

19 $55,652,000. 

20 OFFICE OF INSPECTOR GENERAL

21 SALARIES AND EXPENSES

22 For necessary expenses of the Office of Inspector Gen23 eral, $39,116,000. 
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1 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

2 FEDERAL TRUST PROGRAMS

3 For the operation of trust programs for Indians by di4 rect expenditure, contracts, cooperative agreements, com5 pacts, and grants, $191,593,000, to remain available until 

6 expended, of which not to exceed $58,000,000 shall be avail7 able for historical accounting: Provided, That funds for 

8 trust management improvements and litigation support 

9 may, as needed, be transferred to or merged with the Bureau 

10 of Indian Affairs, ‘‘Operation of Indian Programs’’ ac11 count; the Office of the Solicitor, ‘‘Salaries and Expenses’’ 

12 account; and the Departmental Management, ‘‘Salaries and 

13 Expenses’’ account: Provided further, That funds made 

14 available to Tribes and Tribal organizations through con15 tracts or grants obligated during fiscal year 2006, as au16 thorized by the Indian Self-Determination Act of 1975 (25 

17 U.S.C. 450 et seq.), shall remain available until expended 

18 by the contractor or grantee: Provided further, That, not19 withstanding any other provision of law, the statute of limi20 tations shall not commence to run on any claim, including 

21 any claim in litigation pending on the date of the enact22 ment of this Act, concerning losses to or mismanagement 

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

24 has been furnished with an accounting of such funds from 

25 which the beneficiary can determine whether there has been 
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1 a loss: Provided further, That, notwithstanding any other 

2 provision of law, the Secretary shall not be required to pro3 vide a quarterly statement of performance for any Indian 

4 trust account that has not had activity for at least 18 

5 months and has a balance of $1.00 or less: Provided further, 

6 That the Secretary shall issue an annual account statement 

7 and maintain a record of any such accounts and shall per8 mit the balance in each such account to be withdrawn upon 

9 the express written request of the account holder: Provided 

10 further, That, not to exceed $50,000 is available for the Sec11 retary to make payments to correct administrative errors 

12 of either disbursements from or deposits to Individual In13 dian Money or Tribal accounts after September 30, 2002: 

14 Provided further, That erroneous payments that are recov15 ered shall be credited to and remain available in this ac16 count for this purpose. 

17 INDIAN LAND CONSOLIDATION

18 For consolidation of fractional interests in Indian 

19 lands and expenses associated with redetermining and re20 distributing escheated interests in allotted lands, and for 

21 necessary expenses to carry out the Indian Land Consolida22 tion Act of 1983, as amended, by direct expenditure or coop23 erative agreement, $34,514,000, to remain available until 

24 expended, and which may be transferred to the Bureau of 

25 Indian Affairs and Departmental Management accounts: 

26 Provided, That funds provided under this heading may be 
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1 expended pursuant to the authorities contained in the pro2 visos under the heading ‘‘Office of Special Trustee for Amer3 ican Indians, Indian Land Consolidation’’ of the Interior 

4 and Related Agencies Appropriations Act, 2001 (Public 

5 Law 106–291). 

6 NATURAL RESOURCES DAMAGE ASSESSMENT AND

7 RESTORATION

8 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

9 To conduct natural resource damage assessment and 

10 restoration activities by the Department of the Interior nec11 essary to carry out the provisions of the Comprehensive En12 vironmental Response, Compensation, and Liability Act, as 

13 amended (42 U.S.C. 9601 et seq.), Federal Water Pollution 

14 Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 

15 Pollution Act of 1990 (Public Law 101–380) (33 U.S.C. 

16 2701 et seq.), and Public Law 101–337, as amended (16 

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

18 expended. 

19 ADMINISTRATIVE PROVISIONS

20 There is hereby authorized for acquisition from avail21 able resources within the Working Capital Fund, 15 air22 craft, 10 of which shall be for replacement and which may 

23 be obtained by donation, purchase or through available ex24 cess surplus property: Provided, That existing aircraft 

25 being replaced may be sold, with proceeds derived or trade26 in value used to offset the purchase price for the replacement 
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1 aircraft: Provided further, That no programs funded with 

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

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

4 may be augmented through the Working Capital Fund: Pro5 vided further, That the annual budget justification for De6 partmental Management shall describe estimated Working 

7 Capital Fund charges to bureaus and offices, including the 

8 methodology on which charges are based: Provided further, 

9 That departures from the Working Capital Fund estimates 

10 contained in the Departmental Management budget jus11 tification shall be presented to the Committees on Appro12 priations for approval: Provided further, That the Secretary 

13 shall provide a semi-annual report to the Committees on 

14 Appropriations on reimbursable support agreements be15 tween the Office of the Secretary and the National Business 

16 Center and the bureaus and offices of the Department, in17 cluding the amounts billed pursuant to such agreements. 

18 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

20 available for expenditure or transfer (within each bureau 

21 or office), with the approval of the Secretary, for the emer22 gency reconstruction, replacement, or repair of aircraft, 

23 buildings, utilities, or other facilities or equipment dam24 aged or destroyed by fire, flood, storm, or other unavoidable 

25 causes: Provided, That no funds shall be made available 
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1 under this authority until funds specifically made available 

2 to the Department of the Interior for emergencies shall have 

3 been exhausted: Provided further, That all funds used pur4 suant to this section are hereby designated as an emergency 

5 requirement pursuant to section 402 of H. Con. Res. 95 

6 (109th Congress), and must be replenished by a supple7 mental appropriation which must be requested as promptly 

8 as possible. 

9 SEC. 102. The Secretary may authorize the expendi10 ture or transfer of any no year appropriation in this title, 

11 in addition to the amounts included in the budget programs 

12 of the several agencies, for the suppression or emergency 

13 prevention of wildland fires on or threatening lands under 

14 the jurisdiction of the Department of the Interior; for the 

15 emergency rehabilitation of burned-over lands under its ju16 risdiction; for emergency actions related to potential or ac17 tual earthquakes, floods, volcanoes, storms, or other un18 avoidable causes; for contingency planning subsequent to 

19 actual oil spills; for response and natural resource damage 

20 assessment activities related to actual oil spills; for the pre21 vention, suppression, and control of actual or potential 

22 grasshopper and Mormon cricket outbreaks on lands under 

23 the jurisdiction of the Secretary, pursuant to the authority 

24 in section 1773(b) of Public Law 99–198 (99 Stat. 1658); 

25 for emergency reclamation projects under section 410 of 
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1 Public Law 95–87; and shall transfer, from any no year 

2 funds available to the Office of Surface Mining Reclamation 

3 and Enforcement, such funds as may be necessary to permit 

4 assumption of regulatory authority in the event a primacy 

5 State is not carrying out the regulatory provisions of the 

6 Surface Mining Act: Provided, That appropriations made 

7 in this title for wildland fire operations shall be available 

8 for the payment of obligations incurred during the pre9 ceding fiscal year, and for reimbursement to other Federal 

10 agencies for destruction of vehicles, aircraft, or other equip11 ment in connection with their use for wildland fire oper12 ations, such reimbursement to be credited to appropriations 

13 currently available at the time of receipt thereof: Provided 

14 further, That for wildland fire operations, no funds shall 

15 be made available under this authority until the Secretary 

16 determines that funds appropriated for ‘‘wildland fire oper17 ations’’ shall be exhausted within 30 days: Provided further, 

18 That all funds used pursuant to this section are hereby des19 ignated as an emergency requirement pursuant to section 

20 402 of H. Con. Res. 95 (109th Congress), and must be re21 plenished by a supplemental appropriation which must be 

22 requested as promptly as possible: Provided further, That 

23 such replenishment funds shall be used to reimburse, on a 

24 pro rata basis, accounts from which emergency funds were 

25 transferred. 
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1 SEC. 103. Appropriations made to the Department of 

2 the Interior in this title shall be available for services as 

3 authorized by 5 U.S.C. 3109, when authorized by the Sec4 retary, in total amount not to exceed $500,000; hire, main5 tenance, and operation of aircraft; hire of passenger motor 

6 vehicles; purchase of reprints; payment for telephone service 

7 in private residences in the field, when authorized under 

8 regulations approved by the Secretary; and the payment of 

9 dues, when authorized by the Secretary, for library member10 ship in societies or associations which issue publications to 

11 members only or at a price to members lower than to sub12 scribers who are not members. 

13 SEC. 104. No funds provided in this title may be ex14 pended by the Department of the Interior for the conduct 

15 of offshore preleasing, leasing and related activities placed 

16 under restriction in the President’s moratorium statement 

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

18 southern California; the North Atlantic; Washington and 

19 Oregon; and the eastern Gulf of Mexico south of 26 degrees 

20 north latitude and east of 86 degrees west longitude. 

21 SEC. 105. No funds provided in this title may be ex22 pended by the Department of the Interior to conduct offshore 

23 oil and natural gas preleasing, leasing and related activi24 ties in the eastern Gulf of Mexico planning area for any 

25 lands located outside Sale 181, as identified in the final 
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1 Outer Continental Shelf 5-Year Oil and Gas Leasing Pro2 gram, 1997–2002. 

3 SEC. 106. No funds provided in this title may be ex4 pended by the Department of the Interior to conduct oil and 

5 natural gas preleasing, leasing and related activities in the 

6 Mid-Atlantic and South Atlantic planning areas. 

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

8 headings Bureau of Indian Affairs and Office of Special 

9 Trustee for American Indians and any unobligated bal10 ances from prior appropriations Acts made under the same 

11 headings shall be available for expenditure or transfer for 

12 Indian trust management and reform activities, except that 

13 total funding for historical accounting activities shall not 

14 exceed amounts specifically designated in this Act for such 

15 purpose. 

16 SEC. 108. Notwithstanding any other provision of law, 

17 in fiscal years 2006 through 2010, for the purpose of reduc18 ing the backlog of Indian probate cases in the Department 

19 of the Interior, the hearing requirements of chapter 10 of 

20 title 25, United States Code, are deemed satisfied by a pro21 ceeding conducted by an Indian probate judge, appointed 

22 by the Secretary without regard to the provisions of title 

23 5, United States Code, governing the appointments in the 

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

25 determines necessary: Provided, That the basic pay of an 
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1 Indian probate judge so appointed may be fixed by the Sec2 retary without regard to the provisions of chapter 51, and 

3 subchapter III of chapter 53 of title 5, United States Code, 

4 governing the classification and pay of General Schedule 

5 employees, except that no such Indian probate judge may 

6 be paid at a level which exceeds the maximum rate payable 

7 for the highest grade of the General Schedule, including lo8 cality pay. 

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

10 the Secretary of the Interior is authorized to redistribute 

11 any Tribal Priority Allocation funds, including tribal base 

12 funds, to alleviate tribal funding inequities by transferring 

13 funds to address identified, unmet needs, dual enrollment, 

14 overlapping service areas or inaccurate distribution meth15 odologies. No tribe shall receive a reduction in Tribal Pri16 ority Allocation funds of more than 10 percent in fiscal 

17 year 2006. Under circumstances of dual enrollment, over18 lapping service areas or inaccurate distribution methodolo19 gies, the 10 percent limitation does not apply. 

20 SEC. 110. Funds appropriated for the Bureau of In21 dian Affairs for postsecondary schools for fiscal year 2006 

22 shall be allocated among the schools proportionate to the 

23 unmet need of the schools as determined by the Postsec24 ondary Funding Formula adopted by the Office of Indian 

25 Education Programs. 
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1 SEC. 111. Notwithstanding any other provision of law, 

2 in conveying the Twin Cities Research Center under the au3 thority provided by Public Law 104–134, as amended by 

4 Public Law 104–208, the Secretary may accept and retain 

5 land and other forms of reimbursement: Provided, That the 

6 Secretary may retain and use any such reimbursement 

7 until expended and without further appropriation: (1) for 

8 the benefit of the National Wildlife Refuge System within 

9 the State of Minnesota; and (2) for all activities authorized 

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

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

12 contract for the use of helicopters or motor vehicles on the 

13 Sheldon and Hart National Wildlife Refuges for the purpose 

14 of capturing and transporting horses and burros. The provi15 sions of subsection (a) of the Act of September 8, 1959 (18 

16 U.S.C. 47(a)) shall not be applicable to such use. Such use 

17 shall be in accordance with humane procedures prescribed 

18 by the Secretary. 

19 SEC. 113. Funds provided in this Act for Federal land 

20 acquisition by the National Park Service for Shenandoah 

21 Valley Battlefields National Historic District and Ice Age 

22 National Scenic Trail may be used for a grant to a State, 

23 a local government, or any other land management entity 

24 for the acquisition of lands without regard to any restric25 tion on the use of Federal land acquisition funds provided 
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1 through the Land and Water Conservation Fund Act of 

2 1965 as amended. 

3 SEC. 114. None of the funds made available by this 

4 Act may be obligated or expended by the National Park 

5 Service to enter into or implement a concession contract 

6 which permits or requires the removal of the underground 

7 lunchroom at the Carlsbad Caverns National Park. 

8 SEC. 115. None of the funds in this or any other Act 

9 can be used to compensate the Special Master and the Spe10 cial Master-Monitor, and all variations thereto, appointed 

11 by the United States District Court for the District of Co12 lumbia in the Cobell v. Norton litigation at an annual rate 

13 that exceeds 200 percent of the highest Senior Executive 

14 Service rate of pay for the Washington-Baltimore locality 

15 pay area. 

16 SEC. 116. The Secretary of the Interior may use discre17 tionary funds to pay private attorneys fees and costs for 

18 employees and former employees of the Department of the 

19 Interior reasonably incurred in connection with Cobell v. 

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

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

22 no case shall the Secretary make payments under this sec23 tion that would result in payment of hourly fees in excess 

24 of the highest hourly rate approved by the District Court 

25 for the District of Columbia for counsel in Cobell v. Norton. 
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1 SEC. 117. (a) IN GENERAL.—Nothing in section 134 

2 of the Department of the Interior and Related Agencies Ap3 propriations Act, 2002 (115 Stat. 443) affects the decision 

4 of the United States Court of Appeals for the 10th Circuit 

5 in Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001). 

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

7 section permits the conduct of gaming under the Indian 

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

9 described in section 123 of the Department of the Interior 

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

11 944), or land that is contiguous to that land, regardless of 

12 whether the land or contiguous land has been taken into 

13 trust by the Secretary of the Interior. 

14 SEC. 118. No funds appropriated for the Department 

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

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

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

18 levels required for the operation of the Glen Canyon Dam. 

19 SEC. 119. Notwithstanding the limitation in subpara20 graph (2)(B) of section 18(a) of the Indian Gaming Regu21 latory Act (25 U.S.C. 2717(a)), the total amount of all fees 

22 imposed by the National Indian Gaming Commission for 

23 fiscal year 2007 shall not exceed $12,000,000. 

24 SEC. 120. Notwithstanding any implementation of the 

25 Department of the Interior’s trust reorganization or re-
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1 engineering plans, or the implementation of the ‘‘To Be’’ 

2 Model, funds appropriated for fiscal year 2006 shall be 

3 available to the tribes within the California Tribal Trust 

4 Reform Consortium and to the Salt River Pima-Maricopa 

5 Indian Community, the Confederated Salish and Kootenai 

6 Tribes of the Flathead Reservation and the Chippewa Cree 

7 Tribe of the Rocky Boys Reservation through the same 

8 methodology as funds were distributed in fiscal year 2003. 

9 This Demonstration Project shall continue to operate sepa10 rate and apart from the Department of the Interior’s trust 

11 reform and reorganization and the Department shall not 

12 impose its trust management infrastructure upon or alter 

13 the existing trust resource management systems of the above 

14 referenced tribes having a self-governance compact and op15 erating in accordance with the Tribal Self-Governance Pro16 gram set forth in 25 U.S.C. 458aa–458hh: Provided, That 

17 the California Trust Reform Consortium and any other 

18 participating tribe agree to carry out their responsibilities 

19 under the same written and implemented fiduciary stand20 ards as those being carried by the Secretary of the Interior: 

21 Provided further, That they demonstrate to the satisfaction 

22 of the Secretary that they have the capability to do so: Pro23 vided further, That the Department shall provide funds to 

24 the tribes in an amount equal to that required by 25 U.S.C. 

25 458cc(g)(3), including funds specifically or functionally re-
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1 lated to the provision of trust services to the tribes or their 

2 members. 

3 SEC. 121. Notwithstanding any provision of law, in4 cluding 42 U.S.C. 4321 et. seq., nonrenewable grazing per5 mits authorized in the Jarbidge Field Office, Bureau of 

6 Land Management within the past 9 years, shall be re7 newed. The Animal Unit Months contained in the most re8 cently expired nonrenewable grazing permit, authorized be9 tween March 1, 1997, and February 28, 2003, shall con10 tinue in effect under the renewed permit. Nothing in this 

11 section shall be deemed to extend the nonrenewable permits 

12 beyond the standard 1-year term. 

13 SEC. 122. Notwithstanding any other provision of law, 

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

15 waters, or interests therein including the use of all or part 

16 of any pier, dock, or landing within the State of New York 

17 and the State of New Jersey, for the purpose of operating 

18 and maintaining facilities in the support of transportation 

19 and accommodation of visitors to Ellis, Governors, and Lib20 erty Islands, and of other program and administrative ac21 tivities, by donation or with appropriated funds, including 

22 franchise fees (and other monetary consideration), or by ex23 change; and the Secretary is authorized to negotiate and 

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

2 conditions as the Secretary may determine reasonable. 

3 SEC. 123. Notwithstanding any other provision of law, 

4 the National Park Service final winter use rules published 

5 in Part VII of the Federal Register for November 10, 2004, 

6 69 Fed. Reg. 65348 et seq., shall be in force and effect for 

7 the winter use season of 2005–2006 that commences on or 

8 about December 15, 2005. 

9 SEC. 124. Section 1121(d) of the Education Amend10 ments of 1978 (25 U.S.C. 2001(d)) is amended by striking 

11 paragraph (7) and inserting the following: 

12 ‘‘(7) APPROVAL OF INDIAN TRIBES.—The Sec13 retary shall not terminate, close, consolidate, contract, 

14 transfer to another authority, or take any other ac15 tion relating to an elementary school or secondary 

16 school (or any program of such a school) of an Indian 

17 tribe without the approval of the governing body of 

18 any Indian tribe that would be affected by such an 

19 action.’’. 

20 SEC. 125. (a) U.S.S. ARIZONA MEMORIAL PARKING

21 FEE.—Notwithstanding any other provision of law, the 

22 Secretary of the Interior is authorized to charge a fee for 

23 visitor parking at the U.S.S. Arizona Memorial and to re24 tain and expend the revenues, without further appropria25 tion, for the lease of administrative facilities within or near 
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1 the area at the memorial administered by the National 

2 Park Service. 

3 (b) AUTHORITY FOR AGREEMENTS.—The Secretary of 

4 the Interior is further authorized to enter into agreements 

5 with public and private entities for the purpose of stream6 lining visitor services by providing visitor information and 

7 admission tickets for National Park Service-administered 

8 sites and other attractions in the vicinity, including but 

9 not limited to the U.S.S. Missouri, the Pacific Air Museum 

10 of Pearl Harbor, and the U.S.S. Bowfin submarine mu11 seum. 

12 SEC. 126. Section 108(e) of the Act entitled ‘‘An Act 

13 to establish the Kalaupapa National Historical Park in the 

14 State of Hawaii, and for other purposes’’ (16 U.S.C. 410jj–

15 7) is amended by striking ‘‘twenty-five years from’’ and in16 serting ‘‘on the date that is 45 years after’’. 

17 SEC. 127. Section 402(b) of the Surface Mining Con18 trol and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is 

19 amended by striking ‘‘September 30, 2005,’’ and inserting 

20 ‘‘June 30, 2006,’’.

21 TITLE II—ENVIRONMENTAL PROTECTION 

22 AGENCY 

23 SCIENCE AND TECHNOLOGY

24 For science and technology, including research and de25 velopment activities, which shall include research and devel-
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1 opment activities under the Comprehensive Environmental 

2 Response, Compensation, and Liability Act of 1980, as 

3 amended; necessary expenses for personnel and related costs 

4 and travel expenses, including uniforms, or allowances 

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

6 authorized by 5 U.S.C. 3109, but at rates for individuals 

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

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

9 procurement of laboratory equipment and supplies; other 

10 operating expenses in support of research and development; 

11 construction, alteration, repair, rehabilitation, and renova12 tion of facilities, not to exceed $85,000 per project, 

13 $730,795,000, to remain available until September 30, 

14 2007. 

15 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

16 For environmental programs and management, in17 cluding necessary expenses, not otherwise provided for, for 

18 personnel and related costs and travel expenses, including 

19 uniforms, or allowances therefor, as authorized by 5 U.S.C. 

20 5901–5902; services as authorized by 5 U.S.C. 3109, but 

21 at rates for individuals not to exceed the per diem rate 

22 equivalent to the maximum rate payable for senior level po23 sitions under 5 U.S.C. 5376; hire of passenger motor vehi24 cles; hire, maintenance, and operation of aircraft; purchase 

25 of reprints; library memberships in societies or associations 
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1 which issue publications to members only or at a price to 

2 members lower than to subscribers who are not members; 

3 construction, alteration, repair, rehabilitation, and renova4 tion of facilities, not to exceed $85,000 per project; and not 

5 to exceed $9,000 for official reception and representation 

6 expenses, $2,333,416,000, to remain available until Sep7 tember 30, 2007, including administrative costs of the 

8 brownfields program under the Small Business Liability 

9 Relief and Brownfields Revitalization Act of 2002. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector Gen12 eral in carrying out the provisions of the Inspector General 

13 Act of 1978, as amended, and for construction, alteration, 

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

15 exceed $85,000 per project, $36,955,000, to remain available 

16 until September 30, 2007. 

17 BUILDINGS AND FACILITIES

18 For construction, repair, improvement, extension, al19 teration, and purchase of fixed equipment or facilities of, 

20 or for use by, the Environmental Protection Agency, 

21 $40,218,000, to remain available until expended. 

22 HAZARDOUS SUBSTANCE SUPERFUND

23 (INCLUDING TRANSFERS OF FUNDS)

24 For necessary expenses to carry out the Comprehensive 

25 Environmental Response, Compensation, and Liability Act 
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1 of 1980 (CERCLA), as amended, including sections 

2 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and 

3 for construction, alteration, repair, rehabilitation, and ren4 ovation of facilities, not to exceed $85,000 per project; 

5 $1,256,165,000, to remain available until expended, con6 sisting of such sums as are available in the Trust Fund 

7 upon the date of enactment of this Act as authorized by 

8 section 517(a) of the Superfund Amendments and Reau9 thorization Act of 1986 (SARA) and up to $1,256,165,000 

10 as a payment from general revenues to the Hazardous Sub11 stance Superfund for purposes as authorized by section 

12 517(b) of SARA, as amended: Provided, That funds appro13 priated under this heading may be allocated to other Fed14 eral agencies in accordance with section 111(a) of 

15 CERCLA: Provided further, That of the funds appropriated 

16 under this heading, $13,536,000 shall be transferred to the 

17 ‘‘Office of Inspector General’’ appropriation to remain 

18 available until September 30, 2007, and $30,606,000 shall 

19 be transferred to the ‘‘Science and Technology’’ appropria20 tion to remain available until September 30, 2007. 

21 LEAKING UNDERGROUND STORAGE TANK PROGRAM

22 For necessary expenses to carry out leaking under23 ground storage tank cleanup activities authorized by section 

24 205 of the Superfund Amendments and Reauthorization Act 

25 of 1986, and for construction, alteration, repair, rehabilita-
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1 tion, and renovation of facilities, not to exceed $85,000 per 

2 project, $73,027,000, to remain available until expended. 

3 OIL SPILL RESPONSE

4 For expenses necessary to carry out the Environmental 

5 Protection Agency’s responsibilities under the Oil Pollution 

6 Act of 1990, $15,863,000, to be derived from the Oil Spill 

7 Liability trust fund, to remain available until expended. 

8 STATE AND TRIBAL ASSISTANCE GRANTS

9 (INCLUDING RESCISSION OF FUNDS)

10 For environmental programs and infrastructure as11 sistance, including capitalization grants for State revolving 

12 funds and performance partnership grants, $3,453,550,000, 

13 to remain available until expended, of which 

14 $1,100,000,000 shall be for making capitalization grants for 

15 the Clean Water State Revolving Funds under title VI of 

16 the Federal Water Pollution Control Act, as amended (the 

17 ‘‘Act’’); $850,000,000 shall be for capitalization grants for 

18 the Drinking Water State Revolving Funds under section 

19 1452 of the Safe Drinking Water Act, as amended, except 

20 that, notwithstanding section 1452(n) of the Safe Drinking 

21 Water Act, as amended, none of the funds made available 

22 under this heading in this Act, or in previous appropria23 tions Acts, shall be reserved by the Administrator for health 

24 effects studies on drinking water contaminants; $50,000,000 

25 shall be for architectural, engineering, planning, design, 
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1 construction and related activities in connection with the 

2 construction of high priority water and wastewater facili3 ties in the area of the United States-Mexico Border, after 

4 consultation with the appropriate border commission; 

5 $40,000,000 shall be for grants to the State of Alaska to 

6 address drinking water and waste infrastructure needs of 

7 rural and Alaska Native Villages: Provided, That, of these 

8 funds: (1) the State of Alaska shall provide a match of 25 

9 percent; (2) no more than 5 percent of the funds may be 

10 used for administrative and overhead expenses; and (3) not 

11 later than October 1, 2005 the State of Alaska shall make 

12 awards consistent with the State-wide priority list estab13 lished in 2004 for all water, sewer, waste disposal, and 

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

15 funded under section 221 of the Federal Water Pollution 

16 Control Act (33 U.S.C. 1301) or the Consolidated Farm and 

17 Rural Development Act (7 U.S.C. 1921 et seq.) which shall 

18 allocate not less than 25 percent of the funds provided for 

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

20 be for making grants for the construction of drinking water, 

21 wastewater and storm water infrastructure and for water 

22 quality protection in accordance with the terms and condi23 tions specified for such grants in the joint explanatory 

24 statement of the managers accompanying this Act, and, for 

25 purposes of these grants, each grantee shall contribute not 
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1 less than 45 percent of the cost of the project unless the 

2 grantee is approved for a waiver by the Agency; 

3 $90,000,000 shall be to carry out section 104(k) of the Com4 prehensive Environmental Response, Compensation, and 

5 Liability Act of 1980 (CERCLA), as amended, including 

6 grants, interagency agreements, and associated program 

7 support costs; $1,000,000 for cost-shared grants for school 

8 bus retrofit and replacement projects that reduce diesel 

9 emissions; and $1,122,550,000 shall be for grants, including 

10 associated program support costs, to States, federally recog11 nized tribes, interstate agencies, tribal consortia, and air 

12 pollution control agencies for multi-media or single media 

13 pollution prevention, control and abatement and related ac14 tivities, including activities pursuant to the provisions set 

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

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

17 particulate matter monitoring and data collection activities 

18 subject to terms and conditions specified by the Adminis19 trator, of which $50,000,000 shall be for carrying out sec20 tion 128 of CERCLA, as amended, $19,344,000 shall be for 

21 Environmental Information Exchange Network grants, in22 cluding associated program support costs, and $16,856,000 

23 shall be for making competitive targeted watershed grants: 

24 Provided further, That for fiscal year 2006, State authority 

25 under section 302(a) of Public Law 104–182 shall remain 
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1 in effect: Provided further, That notwithstanding section 

2 603(d)(7) of the Federal Water Pollution Control Act, the 

3 limitation on the amounts in a State water pollution con4 trol revolving fund that may be used by a State to admin5 ister the fund shall not apply to amounts included as prin6 cipal in loans made by such fund in fiscal year 2005 and 

7 prior years where such amounts represent costs of admin8 istering the fund to the extent that such amounts are or 

9 were deemed reasonable by the Administrator, accounted for 

10 separately from other assets in the fund, and used for eligi11 ble purposes of the fund, including administration: Pro12 vided further, That for fiscal year 2006, and notwith13 standing section 518(f) of the Act, the Administrator is au14 thorized to use the amounts appropriated for any fiscal year 

15 under section 319 of that Act to make grants to Indian 

16 tribes pursuant to sections 319(h) and 518(e) of that Act: 

17 Provided further, That for fiscal year 2006, notwith18 standing the limitation on amounts in section 518(c) of the 

Act, up to a total of 11 19 ⁄2 percent of the funds appropriated 

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

21 be reserved by the Administrator for grants under section 

22 518(c) of that Act: Provided further, That no funds provided 

23 by this legislation to address the water, wastewater and 

24 other critical infrastructure needs of the colonias in the 

25 United States along the United States-Mexico border shall 
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1 be made available to a county or municipal government un2 less that government has established an enforceable local or3 dinance, or other zoning rule, which prevents in that juris4 diction the development or construction of any additional 

5 colonia areas, or the development within an existing colonia 

6 the construction of any new home, business, or other struc7 ture which lacks water, wastewater, or other necessary in8 frastructure: Provided further, That, notwithstanding any 

9 other provision of law, heretofore and hereafter, after con10 sultation with the House and Senate Committees on Appro11 priations and for the purpose of making technical correc12 tions, the Administrator is authorized to award grants 

13 under this heading to entities and for purposes other than 

14 those listed in the joint explanatory statements of the man15 agers accompanying the Agency’s appropriations Acts for 

16 the construction of drinking water, wastewater and 

17 stormwater infrastructure and for water quality protection: 

18 Provided further, That from unobligated prior year funds 

19 in appropriation accounts available to the Environmental 

20 Protection Agency, $58,000,000 is hereby rescinded: Pro21 vided further, That such rescissions shall be taken solely 

22 from amounts associated with grants, contracts, and inter23 agency agreements whose availability under the original pe24 riod for obligation for such grant, contract, or interagency 

25 agreement has expired. 
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1 ADMINISTRATIVE PROVISIONS

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

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

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

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

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

10 the Administrator in implementing Federal environmental 

11 programs for Indian Tribes required or authorized by law, 

12 except that no such cooperative agreements may be awarded 

13 from funds designated for State financial assistance agree14 ments. 

15 The Administrator of the Environmental Protection 

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

18 Federal Insecticide, Fungicide, and Rodenticide Act (as 

19 added by subsection (f)(2) of the Pesticide Registration Im20 provement Act of 2003), as amended. 

21 Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), ap22 propriated funds for fiscal year 2006 may be used to award 

23 grants or loans under section 104(k) of CERCLA to eligible 

24 entities that satisfy all of the elements set forth in CERCLA 

25 section 101(40) to qualify as a bona fide prospective pur-
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1 chaser except that the date of acquisition of the property 

2 was prior to the date of enactment of the Small Business 

3 Liability Relief and Brownfield Revitalization Act of 2001. 

4 For fiscal years 2006 through 2011, the Administrator 

5 may, after consultation with the Office of Personnel Man6 agement, make not to exceed five appointments in any fiscal 

7 year under the authority provided in 42 U.S.C. 209 for the 

8 Office of Research and Development. 

9 Beginning in fiscal year 2006 and thereafter, and not10 withstanding section 306 of the Toxic Substances Control 

11 Act, the Federal share of the cost of radon program activi12 ties implemented with Federal assistance under section 306 

13 shall not exceed 60 percent in the third and subsequent 

14 grant years. 

15 None of the funds provided in this Act or any other 

16 Act may be used by the Environmental Protection Agency 

17 (EPA) to publish proposed or final regulations pursuant 

18 to the requirements of section 428(b) of Division G of Public 

19 Law 108–199 until the Administrator of the Environmental 

20 Protection Agency, in coordination with other appropriate 

21 Federal agencies, has completed and published a technical 

22 study to look at safety issues, including the risk of fire and 

23 burn to consumers in use, associated with compliance with 

24 the regulations. Not later than six months after the date 
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1 of enactment of this Act, the Administrator shall complete 

2 and publish the technical study.

3 TITLE III—RELATED AGENCIES 

4 DEPARTMENT OF AGRICULTURE 

5 FOREST SERVICE

6 FOREST AND RANGELAND RESEARCH

7 For necessary expenses of forest and rangeland re8 search as authorized by law, $280,892,000, to remain avail9 able until expended: Provided, That of the funds provided, 

10 $58,434,000 is for the forest inventory and analysis pro11 gram. 

12 STATE AND PRIVATE 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 manage16 ment, including treatments of pests, pathogens, and 

17 invasive or noxious plants and for restoring and rehabili18 tating forests damaged by pests or invasive plants, coopera19 tive forestry, and education and land conservation activi20 ties and conducting an international program as author21 ized, $254,615,000, to remain available until expended, as 

22 authorized by law of which $62,632,000 is to be derived 

23 from the Land and Water Conservation Fund. 
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1 NATIONAL FOREST SYSTEM

2 (INCLUDING TRANSFERS OF FUNDS)

3 For necessary expenses of the Forest Service, not other4 wise provided for, for management, protection, improve5 ment, and utilization of the National Forest System, 

6 $1,377,656,000, to remain available until expended, which 

7 shall include 50 percent of all moneys received during prior 

8 fiscal years as fees collected under the Land and Water Con9 servation Fund Act of 1965, as amended, in accordance 

10 with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided, 

11 That unobligated balances under this heading available at 

12 the start of fiscal year 2006 shall be displayed by budget 

13 line item in the fiscal year 2007 budget justification: Pro14 vided further, That of the funds provided under this heading 

15 for Forest Products, $5,000,000 shall be allocated to the 

16 Alaska Region, in addition to its normal allocation for the 

17 purposes of preparing additional timber for sale, to estab18 lish a 3-year timber supply and such funds may be trans19 ferred to other appropriations accounts as necessary to 

20 maximize accomplishment: Provided further, That within 

21 funds available for the purpose of implementing the Valles 

22 Caldera Preservation Act, notwithstanding the limitations 

23 of section 107(e)(2) of the Valles Caldera Preservation Act 

24 (Public Law 106–248), for fiscal year 2006, the Chair of 

25 the Board of Trustees of the Valles Caldera Trust may re26 ceive, upon request, compensation for each day (including 
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1 travel time) that the Chair is engaged in the performance 

2 of the functions of the Board, except that compensation shall 

3 not exceed the daily equivalent of the annual rate in effect 

4 for members of the Senior Executive Service at the ES–1 

5 level, and shall be in addition to any reimbursement for 

6 travel, subsistence and other necessary expenses incurred by 

7 the Chair in the performance of the Chair’s duties. 

8 WILDLAND FIRE MANAGEMENT

9 (INCLUDING TRANSFERS OF FUNDS)

10 For necessary expenses for forest fire presuppression 

11 activities on National Forest System lands, for emergency 

12 fire suppression on or adjacent to such lands or other lands 

13 under fire protection agreement, hazardous fuels reduction 

14 on or adjacent to such lands, and for emergency rehabilita15 tion of burned-over National Forest System lands and 

16 water, $1,745,531,000, to remain available until expended: 

17 Provided, That such funds including unobligated balances 

18 under this heading, are available for repayment of advances 

19 from other appropriations accounts previously transferred 

20 for such purposes: Provided further, That any unobligated 

21 balances remaining may be transferred to the ‘‘National 

22 Forest System’’ account and available without further ap23 propriation to fund vegetative treatments that improve con24 dition class: Provided further, That such funds shall be 

25 available to reimburse State and other cooperating entities 

26 for services provided in response to wildfire and other emer-
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1 gencies or disasters to the extent such reimbursements by 

2 the Forest Service for non-fire emergencies are fully repaid 

3 by the responsible emergency management agency: Provided 

4 further, That not less than 50 percent of any unobligated 

5 balances remaining (exclusive of amounts for hazardous 

6 fuels reduction) at the end of fiscal year 2005 shall be trans7 ferred to the fund established pursuant to section 3 of Public 

8 Law 71–319 (16 U.S.C. 576 et seq.) if necessary to reim9 burse the fund for unpaid past advances: Provided further, 

10 That, notwithstanding any other provision of law, 

11 $8,000,000 of funds appropriated under this appropriation 

12 shall be used for Fire Science Research in support of the 

13 Joint Fire Science Program: Provided further, That all au14 thorities for the use of funds, including the use of contracts, 

15 grants, and cooperative agreements, available to execute the 

16 Forest and Rangeland Research appropriation, are also 

17 available in the utilization of these funds for Fire Science 

18 Research: Provided further, That funds provided shall be 

19 available for emergency rehabilitation and restoration, haz20 ardous fuels reduction activities in the urban-wildland 

21 interface, support to Federal emergency response, and wild22 fire suppression activities of the Forest Service: Provided 

23 further, That of the funds provided, $281,000,000 is for haz24 ardous fuels reduction activities, $2,000,000 is for rehabili25 tation and restoration, $18,385,000 is for research activities 
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1 and to make competitive research grants pursuant to the 

2 Forest and Rangeland Renewable Resources Research Act, 

3 as amended (16 U.S.C. 1641 et seq.), $40,179,000 is for 

4 State fire assistance, $7,889,000 is for volunteer fire assist5 ance, $6,974,000 is for forest health activities on Federal 

6 lands and $4,598,000 is for forest health activities on State 

7 and private lands: Provided further, That amounts in this 

8 paragraph may be transferred to the ‘‘State and Private 

9 Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and 

10 Rangeland Research’’ accounts to fund State fire assistance, 

11 volunteer fire assistance, forest health management, forest 

12 and rangeland research, vegetation and watershed manage13 ment, heritage site rehabilitation, and wildlife and fish 

14 habitat management and restoration: Provided further, 

15 That transfers of any amounts in excess of those authorized 

16 in this paragraph, shall require approval of the House and 

17 Senate Committees on Appropriations in compliance with 

18 reprogramming procedures contained in the report accom19 panying this Act: Provided further, That funds provided 

20 under this heading for hazardous fuels treatments may be 

21 transferred to and made a part of the ‘‘National Forest Sys22 tem’’ account at the sole discretion of the Chief of the Forest 

23 Service thirty days after notifying the House and the Sen24 ate Committees on Appropriations: Provided further, That 

25 the costs of implementing any cooperative agreement be-
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1 tween the Federal Government and any non-Federal entity 

2 may be shared, as mutually agreed on by the affected par3 ties: Provided further, That in addition to funds provided 

4 for State Fire Assistance programs, and subject to all au5 thorities available to the Forest Service under the State and 

6 Private Forestry Appropriation, up to $15,000,000 may be 

7 used on adjacent non-Federal lands for the purpose of pro8 tecting communities when hazard reduction activities are 

9 planned on national forest lands that have the potential to 

10 place such communities at risk: Provided further, That in11 cluded in funding for hazardous fuel reduction is 

12 $5,000,000 for implementing the Community Forest Res13 toration Act, Public Law 106–393, title VI, and any por14 tion of such funds shall be available for use on non-Federal 

15 lands in accordance with authorities available to the Forest 

16 Service under the State and Private Forestry Appropria17 tion: Provided further, That the Secretary of the Interior 

18 and the Secretary of Agriculture may authorize the transfer 

19 of funds appropriated for wildland fire management, in an 

20 aggregate amount not to exceed $12,000,000, between the 

21 Departments when such transfers would facilitate and expe22 dite jointly funded wildland fire management programs 

23 and projects: Provided further, That of the funds provided 

24 for hazardous fuels reduction, not to exceed $5,000,000, may 

25 be used to make grants, using any authorities available to 
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1 the Forest Service under the State and Private Forestry ap2 propriation, for the purpose of creating incentives for in3 creased use of biomass from national forest lands. 

4 CAPITAL IMPROVEMENT AND MAINTENANCE

5 For necessary expenses of the Forest Service, not other6 wise provided for, $409,751,000, to remain available until 

7 expended for construction, reconstruction, maintenance and 

8 acquisition of buildings and other facilities, and for con9 struction, reconstruction, repair, decommissioning, and 

10 maintenance of forest roads and trails by the Forest Service 

11 as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 

12 and 205: Provided, That up to $15,000,000 of the funds 

13 provided herein for road maintenance shall be available for 

14 the decommissioning of roads, including unauthorized roads 

15 not part of the transportation system, which are no longer 

16 needed: Provided further, That no funds shall be expended 

17 to decommission any system road until notice and an op18 portunity for public comment has been provided on each 

19 decommissioning project: Provided further, That of funds 

20 provided, $3,000,000 is provided for needed rehabilitation 

21 and restoration work at Jarbidge Canyon, Nevada: Pro22 vided further, That the Secretary of Agriculture may au23 thorize the transfer of up to $1,350,000 as necessary to the 

24 Department of the Interior, Bureau of Land Management 

25 and Fish and Wildlife Service when such transfers would 

26 facilitate and expedite needed rehabilitation work on Bu-
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1 reau of Land Management lands, and for the Fish and 

2 Wildlife Service to implement terms and conditions identi3 fied in the Biological Opinion. 

4 LAND ACQUISITION

5 For expenses necessary to carry out the provisions of 

6 the Land and Water Conservation Fund Act of 1965, as 

7 amended (16 U.S.C. 460l–4 through 11), including admin8 istrative expenses, and for acquisition of land or waters, 

9 or interest therein, in accordance with statutory authority 

10 applicable to the Forest Service, $44,925,000, to be derived 

11 from the Land and Water Conservation Fund and to re12 main available until expended. 

13 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

14 ACTS

15 For acquisition of lands within the exterior boundaries 

16 of the Cache, Uinta, and Wasatch National Forests, Utah; 

17 the Toiyabe National Forest, Nevada; and the Angeles, San 

18 Bernardino, Sequoia, and Cleveland National Forests, Cali19 fornia, as authorized by law, $1,069,000, to be derived from 

20 forest receipts. 

21 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

22 For acquisition of lands, such sums, to be derived from 

23 funds deposited by State, county, or municipal govern24 ments, public school districts, or other public school authori25 ties, and for authorized expenditures from funds deposited 

26 by non-Federal parties pursuant to Land Sale and Ex-
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1 change Acts, pursuant to the Act of December 4, 1967, as 

2 amended (16 U.S.C. 484a), to remain available until ex3 pended. 

4 RANGE BETTERMENT FUND

5 For necessary expenses of range rehabilitation, protec6 tion, and improvement, 50 percent of all moneys received 

7 during the prior fiscal year, as fees for grazing domestic 

8 livestock on lands in National Forests in the 16 Western 

9 States, pursuant to section 401(b)(1) of Public Law 94–

10 579, as amended, to remain available until expended, of 

11 which not to exceed 6 percent shall be available for adminis12 trative expenses associated with on-the-ground range reha13 bilitation, protection, and improvements. 

14 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

15 RANGELAND RESEARCH

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

17 $64,000, to remain available until expended, to be derived 

18 from the fund established pursuant to the above Act. 

19 MANAGEMENT OF NATIONAL FOREST LANDS FOR

20 SUBSISTENCE USES

21 For necessary expenses of the Forest Service to manage 

22 Federal lands in Alaska for subsistence uses under title VIII 

23 of the Alaska National Interest Lands Conservation Act 

24 (Public Law 96–487), $5,067,000, to remain available until 

25 expended. 
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1 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

2 Appropriations to the Forest Service for the current 

3 fiscal year shall be available for: (1) purchase of not to ex4 ceed 119 passenger motor vehicles of which 14 will be used 

5 primarily for law enforcement purposes and of which 119 

6 shall be for replacement; acquisition of 25 passenger motor 

7 vehicles from excess sources, and hire of such vehicles; pur8 chase, lease, operation, maintenance, and acquisition of air9 craft from excess sources to maintain the operable fleet at 

10 195 aircraft for use in Forest Service wildland fire pro11 grams and other Forest Service programs; notwithstanding 

12 other provisions of law, existing aircraft being replaced 

13 may be sold, with proceeds derived or trade-in value used 

14 to offset the purchase price for the replacement aircraft; (2) 

15 services pursuant to 7 U.S.C. 2225, and not to exceed 

16 $100,000 for employment under 5 U.S.C. 3109; (3) pur17 chase, erection, and alteration of buildings and other public 

18 improvements (7 U.S.C. 2250); (4) acquisition of land, wa19 ters, and interests therein pursuant to 7 U.S.C. 428a; (5) 

20 for expenses pursuant to the Volunteers in the National For21 est Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) 

22 the cost of uniforms as authorized by 5 U.S.C. 5901–5902; 

23 and (7) for debt collection contracts in accordance with 31 

24 U.S.C. 3718(c). 
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1 None of the funds made available under this Act shall 

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

3 close any regional office for National Forest System admin4 istration of the Forest Service, Department of Agriculture 

5 without the consent of the House and Senate Committees 

6 on Appropriations. 

7 Any appropriations or funds available to the Forest 

8 Service may be transferred to the Wildland Fire Manage9 ment appropriation for forest firefighting, emergency reha10 bilitation of burned-over or damaged lands or waters under 

11 its jurisdiction, and fire preparedness due to severe burning 

12 conditions upon notification of the House and Senate Com13 mittees on Appropriations and if and only if all previously 

14 appropriated emergency contingent funds under the head15 ing ‘‘Wildland Fire Management’’ have been released by the 

16 President and apportioned and all wildfire suppression 

17 funds under the heading ‘‘Wildland Fire Management’’ are 

18 obligated. 

19 Funds appropriated to the Forest Service shall be 

20 available for assistance to or through the Agency for Inter21 national Development and the Foreign Agricultural Service 

22 in connection with forest and rangeland research, technical 

23 information, and assistance in foreign countries, and shall 

24 be available to support forestry and related natural resource 

25 activities outside the United States and its territories and 
211

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1 possessions, including technical assistance, education and 

2 training, and cooperation with United States and inter3 national organizations. 

4 None of the funds made available to the Forest Service 

5 under this Act shall be subject to transfer under the provi6 sions of section 702(b) of the Department of Agriculture Or7 ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b, except 

8 that in fiscal year 2006 the Forest Service may transfer 

9 funds to the ‘‘National Forest System’’ account from other 

10 agency accounts to enable the agency’s law enforcement pro11 gram to pay full operating costs including overhead. 

12 None of the funds available to the Forest Service may 

13 be reprogrammed without the advance approval of the 

14 House and Senate Committees on Appropriations in ac15 cordance with the reprogramming procedures contained in 

16 the report accompanying this Act. 

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

18 Forest Service may be transferred to the Working Capital 

19 Fund of the Department of Agriculture. Nothing in this sec20 tion shall prohibit or limit the use of reimbursable agree21 ments requested by the Forest Service in order to obtain 

22 services from the Department of Agriculture’s National In23 formation Technology Center. 

24 Funds available to the Forest Service shall be available 

25 to conduct a program of not less than $2,000,000 for high 
212

HR 2361 RS 

1 priority projects within the scope of the approved budget 

2 which shall be carried out by the Youth Conservation Corps. 

3 Of the funds available to the Forest Service, $2,500 is 

4 available to the Chief of the Forest Service for official recep5 tion and representation expenses. 

6 Pursuant to sections 405(b) and 410(b) of Public Law 

7 101–593, of the funds available to the Forest Service, 

8 $3,300,000 may be advanced in a lump sum to the National 

9 Forest Foundation to aid conservation partnership projects 

10 in support of the Forest Service mission, without regard 

11 to when the Foundation incurs expenses, for administrative 

12 expenses or projects on or benefitting National Forest Sys13 tem lands or related to Forest Service programs: Provided, 

14 That of the Federal funds made available to the Founda15 tion, no more than $350,000 shall be available for adminis16 trative expenses: Provided further, That the Foundation 

17 shall obtain, by the end of the period of Federal financial 

18 assistance, private contributions to match on at least one19 for-one basis funds made available by the Forest Service: 

20 Provided further, That the Foundation may transfer Fed21 eral funds to a non-Federal recipient for a project at the 

22 same rate that the recipient has obtained the non-Federal 

23 matching funds: Provided further, That authorized invest24 ments of Federal funds held by the Foundation may be 

25 made only in interest-bearing obligations of the United 
213

HR 2361 RS 

1 States or in obligations guaranteed as to both principal and 

2 interest by the United States. 

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

4 $2,650,000 of the funds available to the Forest Service shall 

5 be available for matching funds to the National Fish and 

6 Wildlife Foundation, as authorized by 16 U.S.C. 3701–

7 3709, and may be advanced in a lump sum to aid conserva8 tion partnership projects in support of the Forest Service 

9 mission, without regard to when expenses are incurred, for 

10 projects on or benefitting National Forest System lands or 

11 related to Forest Service programs: Provided, That the 

12 Foundation shall obtain, by the end of the period of Federal 

13 financial assistance, private contributions to match on at 

14 least one-for-one basis funds advanced by the Forest Service: 

15 Provided further, That the Foundation may transfer Fed16 eral funds to a non-Federal recipient for a project at the 

17 same rate that the recipient has obtained the non-Federal 

18 matching funds. 

19 Funds appropriated to the Forest Service shall be 

20 available for interactions with and providing technical as21 sistance to rural communities for sustainable rural develop22 ment purposes. 

23 Funds appropriated to the Forest Service shall be 

24 available for payments to counties within the Columbia 

25 River Gorge National Scenic Area, pursuant to sections 
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HR 2361 RS 

1 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

2 663. 

3 Notwithstanding any other provision of law, any ap4 propriations or funds available to the Forest Service not 

5 to exceed $500,000 may be used to reimburse the Office of 

6 the General Counsel (OGC), Department of Agriculture, for 

7 travel and related expenses incurred as a result of OGC as8 sistance or participation requested by the Forest Service at 

9 meetings, training sessions, management reviews, land pur10 chase negotiations and similar non-litigation related mat11 ters. Future budget justifications for both the Forest Service 

12 and the Department of Agriculture should clearly display 

13 the sums previously transferred and the requested funding 

14 transfers. 

15 Any appropriations or funds available to the Forest 

16 Service may be used for necessary expenses in the event of 

17 law enforcement emergencies as necessary to protect natural 

18 resources and public or employee safety: Provided, That 

19 such amounts shall not exceed $1,000,000. 

20 An eligible individual who is employed in any project 

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

22 (42 U.S.C. 3056 et seq.) and administered by the Forest 

23 Service shall be considered to be a Federal employee for pur24 poses of chapter 171 of title 28, United States Code. 
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1 Any funds appropriated to the Forest Service may be 

2 used to meet the non-Federal share requirement in section 

3 502(c) of the Older American Act of 1965 (42 U.S.C. 

4 3056(c)(2)). 

5 Funds available to the Forest Service in this Act may 

6 be used for the purpose of expenses associated with primary 

7 and secondary schooling for dependents of agency personnel 

8 stationed in Puerto Rico prior to the date of enactment of 

9 this Act, who are subject to transfer and reassignment to 

10 other locations in the United States, at a cost not in excess 

11 of those authorized for the Department of Defense for the 

12 same area, when it is determined by the Chief of the Forest 

13 Service that public schools available in the locality are un14 able to provide adequately for the education of such depend15 ents. 

16 In support of management of the National Wildlife 

17 Refuge System, Lot 6C of United States Survey 2538–A, 

18 containing 2.39 acres and the residential triplex situated 

19 thereon, located in Kodiak, Alaska, is hereby transferred 

20 from the USDA Forest Service to the U.S. Fish and Wildlife 

21 Service. 
216

HR 2361 RS 

1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 INDIAN HEALTH SERVICE

4 INDIAN HEALTH SERVICES

5 For expenses necessary to carry out the Act of August 

6 5, 1954 (68 Stat. 674), the Indian Self-Determination Act, 

7 the Indian Health Care Improvement Act, and titles II and 

8 III of the Public Health Service Act with respect to the In9 dian Health Service, $2,732,323,000, together with pay10 ments received during the fiscal year pursuant to 42 U.S.C. 

11 238(b) for services furnished by the Indian Health Service: 

12 Provided, That funds made available to tribes and tribal 

13 organizations through contracts, grant agreements, or any 

14 other agreements or compacts authorized by the Indian Self15 Determination and Education Assistance Act of 1975 (25 

16 U.S.C. 450), shall be deemed to be obligated at the time 

17 of the grant or contract award and thereafter shall remain 

18 available to the tribe or tribal organization without fiscal 

19 year limitation: Provided further, That up to $18,000,000 

20 shall remain available until expended, for the Indian Cata21 strophic Health Emergency Fund: Provided further, That 

22 $507,021,000 for contract medical care shall remain avail23 able for obligation until September 30, 2007: Provided fur24 ther, That of the funds provided, up to $27,000,000, to re25 main available until expended, shall be used to carry out 
217

HR 2361 RS 

1 the loan repayment program under section 108 of the In2 dian Health Care Improvement Act: Provided further, That 

3 funds provided in this Act may be used for one-year con4 tracts and grants which are to be performed in two fiscal 

5 years, so long as the total obligation is recorded in the year 

6 for which the funds are appropriated: Provided further, 

7 That the amounts collected by the Secretary of Health and 

8 Human Services under the authority of title IV of the In9 dian Health Care Improvement Act shall remain available 

10 until expended for the purpose of achieving compliance with 

11 the applicable conditions and requirements of titles XVIII 

12 and XIX of the Social Security Act (exclusive of planning, 

13 design, or construction of new facilities): Provided further, 

14 That funding contained herein, and in any earlier appro15 priations Acts for scholarship programs under the Indian 

16 Health Care Improvement Act (25 U.S.C. 1613) shall re17 main available until expended: Provided further, That 

18 amounts received by tribes and tribal organizations under 

19 title IV of the Indian Health Care Improvement Act shall 

20 be reported and accounted for and available to the receiving 

21 tribes and tribal organizations until expended: Provided 

22 further, That, notwithstanding any other provision of law, 

23 of the amounts provided herein, not to exceed $268,683,000 

24 shall be for payments to tribes and tribal organizations for 

25 contract or grant support costs associated with contracts, 
218

HR 2361 RS 

1 grants, self-governance compacts or annual funding agree2 ments between the Indian Health Service and a tribe or 

3 tribal organization pursuant to the Indian Self-Determina4 tion Act of 1975, as amended, prior to or during fiscal year 

5 2006, of which not to exceed $5,000,000 may be used for 

6 contract support costs associated with new or expanded self7 determination contracts, grants, self-governance compacts 

8 or annual funding agreements: Provided further, That the 

9 Bureau of Indian Affairs may collect from the Indian 

10 Health Service and tribes and tribal organizations oper11 ating health facilities pursuant to Public Law 93–638 such 

12 individually identifiable health information relating to dis13 abled children as may be necessary for the purpose of car14 rying out its functions under the Individuals with Dis15 ability Education Act, 20 U.S.C. 1400, et seq.: Provided 

16 further, That of the amounts provided to the Indian Health 

17 Service, $15,000,000 is provided for alcohol control, enforce18 ment, prevention, treatment, sobriety and wellness, and 

19 education in Alaska, to be distributed in accordance with 

20 the instruction provided in the committee report accom21 panying this Act: Provided further, That none of the funds 

22 may be used for tribal courts or tribal ordinance programs 

23 or any program that is not directly related to alcohol con24 trol, enforcement, prevention, treatment, or sobriety: Pro25 vided further, That no more than 15 percent may be used 
219

HR 2361 RS 

1 by any entity receiving funding for administrative overhead 

2 including indirect costs. 

3 INDIAN HEALTH FACILITIES

4 For construction, repair, maintenance, improvement, 

5 and equipment of health and related auxiliary facilities, in6 cluding quarters for personnel; preparation of plans, speci7 fications, and drawings; acquisition of sites, purchase and 

8 erection of modular buildings, and purchases of trailers; 

9 and for provision of domestic and community sanitation 

10 facilities for Indians, as authorized by section 7 of the Act 

11 of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter12 mination Act, and the Indian Health Care Improvement 

13 Act, and for expenses necessary to carry out such Acts and 

14 titles II and III of the Public Health Service Act with re15 spect to environmental health and facilities support activi16 ties of the Indian Health Service, $335,643,000, to remain 

17 available until expended: Provided, That notwithstanding 

18 any other provision of law, funds appropriated for the plan19 ning, design, construction or renovation of health facilities 

20 for the benefit of an Indian tribe or tribes may be used 

21 to purchase land for sites to construct, improve, or enlarge 

22 health or related facilities: Provided further, That not to 

23 exceed $500,000 shall be used by the Indian Health Service 

24 to purchase TRANSAM equipment from the Department of 

25 Defense for distribution to the Indian Health Service and 

26 tribal facilities: Provided further, That none of the funds 
220

HR 2361 RS 

1 appropriated to the Indian Health Service may be used for 

2 sanitation facilities construction for new homes funded with 

3 grants by the housing programs of the United States De4 partment of Housing and Urban Development: Provided 

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

6 and the ‘‘Indian Health Services’’ account shall be used by 

7 the Indian Health Service to obtain ambulances for the In8 dian Health Service and tribal facilities in conjunction 

9 with an existing interagency agreement between the Indian 

10 Health Service and the General Services Administration: 

11 Provided further, That notwithstanding any other provision 

12 of law, the Indian Health Service is authorized to construct 

13 a replacement health care facility in Nome, Alaska, on land 

14 owned by the Norton Sound Health Corporation: Provided 

15 further, That not to exceed $500,000 shall be placed in a 

16 Demolition Fund, available until expended, to be used by 

17 the Indian Health Service for demolition of Federal build18 ings. 

19 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

20 Appropriations in this Act to the Indian Health Serv21 ice shall be available for services as authorized by 5 U.S.C. 

22 3109 but at rates not to exceed the per diem rate equivalent 

23 to the maximum rate payable for senior-level positions 

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

25 aircraft; purchase of medical equipment; purchase of re26 prints; purchase, renovation and erection of modular build-
221

HR 2361 RS 

1 ings and renovation of existing facilities; payments for tele2 phone service in private residences in the field, when au3 thorized under regulations approved by the Secretary; and 

4 for uniforms or allowances therefor as authorized by 5 

5 U.S.C. 5901–5902; and for expenses of attendance at meet6 ings which are concerned with the functions or activities 

7 for which the appropriation is made or which will con8 tribute to improved conduct, supervision, or management 

9 of those functions or activities. 

10 In accordance with the provisions of the Indian Health 

11 Care Improvement Act, non-Indian patients may be ex12 tended health care at all tribally administered or Indian 

13 Health Service facilities, subject to charges, and the pro14 ceeds along with funds recovered under the Federal Medical 

15 Care Recovery Act (42 U.S.C. 2651–2653) shall be credited 

16 to the account of the facility providing the service and shall 

17 be available without fiscal year limitation. Notwith18 standing any other law or regulation, funds transferred 

19 from the Department of Housing and Urban Development 

20 to the Indian Health Service shall be administered under 

21 Public Law 86–121 (the Indian Sanitation Facilities Act) 

22 and Public Law 93–638, as amended. 

23 Funds appropriated to the Indian Health Service in 

24 this Act, except those used for administrative and program 
222

HR 2361 RS 

1 direction purposes, shall not be subject to limitations di2 rected at curtailing Federal travel and transportation. 

3 None of the funds made available to the Indian Health 

4 Service in this Act shall be used for any assessments or 

5 charges by the Department of Health and Human Services 

6 unless identified in the budget justification and provided 

7 in this Act, or approved by the House and Senate Commit8 tees on Appropriations through the reprogramming process. 

9 Personnel ceilings may not be imposed on the Indian 

10 Health Service nor may any action be taken to reduce the 

11 full time equivalent level of the Indian Health Service below 

12 the level in fiscal year 2002 adjusted upward for the staffing 

13 of new and expanded facilities, funding provided for staff14 ing at the Lawton, Oklahoma hospital in fiscal years 2003 

15 and 2004, critical positions not filled in fiscal year 2002, 

16 and staffing necessary to carry out the intent of Congress 

17 with regard to program increases. 

18 Notwithstanding any other provision of law, funds 

19 previously or herein made available to a tribe or tribal or20 ganization through a contract, grant, or agreement author21 ized by title I or title V of the Indian Self-Determination 

22 and Education Assistance Act of 1975 (25 U.S.C. 450), may 

23 be deobligated and reobligated to a self-determination con24 tract under title I, or a self-governance agreement under 

25 title V of such Act and thereafter shall remain available 
223

HR 2361 RS 

1 to the tribe or tribal organization without fiscal year limi2 tation. 

3 None of the funds made available to the Indian Health 

4 Service in this Act shall be used to implement the final rule 

5 published in the Federal Register on September 16, 1987, 

6 by the Department of Health and Human Services, relating 

7 to the eligibility for the health care services of the Indian 

8 Health Service until the Indian Health Service has sub9 mitted a budget request reflecting the increased costs associ10 ated with the proposed final rule, and such request has been 

11 included in an appropriations Act and enacted into law. 

12 With respect to functions transferred by the Indian 

13 Health Service to tribes or tribal organizations, the Indian 

14 Health Service is authorized to provide goods and services 

15 to those entities, on a reimbursable basis, including pay16 ment in advance with subsequent adjustment. The reim17 bursements received therefrom, along with the funds received 

18 from those entities pursuant to the Indian Self-Determina19 tion Act, may be credited to the same or subsequent appro20 priation account which provided the funding. Such 

21 amounts shall remain available until expended. 

22 Reimbursements for training, technical assistance, or 

23 services provided by the Indian Health Service will contain 

24 total costs, including direct, administrative, and overhead 
224

HR 2361 RS 

1 associated with the provision of goods, services, or technical 

2 assistance. 

3 The appropriation structure for the Indian Health 

4 Service may not be altered without advance notification to 

5 the House and Senate Committees on Appropriations. 

6 NATIONAL INSTITUTES OF HEALTH

7 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

8 SCIENCES

9 For necessary expenses for the National Institute of 

10 Environmental Health Sciences in carrying out activities 

11 set forth in section 311(a) of the Comprehensive Environ12 mental Response, Compensation, and Liability Act of 1980, 

13 as amended, and section 126(g) of the Superfund Amend14 ments and Reauthorization Act of 1986, $80,289,000. 

15 AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

16 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

17 For necessary expenses for the Agency for Toxic Sub18 stances and Disease Registry (ATSDR) in carrying out ac19 tivities set forth in sections 104(i), 111(c)(4), and 

20 111(c)(14) of the Comprehensive Environmental Response, 

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

22 amended; section 118(f) of the Superfund Amendments and 

23 Reauthorization Act of 1986 (SARA), as amended; and sec24 tion 3019 of the Solid Waste Disposal Act, as amended, 

25 $76,024,000, of which up to $1,500,000, to remain available 
225

HR 2361 RS 

1 until expended, is for Individual Learning Accounts for 

2 full-time equivalent employees of the Agency for Toxic Sub3 stances and Disease Registry: Provided, That notwith4 standing any other provision of law, in lieu of performing 

5 a health assessment under section 104(i)(6) of CERCLA, 

6 the Administrator of ATSDR may conduct other appro7 priate health studies, evaluations, or activities, including, 

8 without limitation, biomedical testing, clinical evaluations, 

9 medical monitoring, and referral to accredited health care 

10 providers: Provided further, That in performing any such 

11 health assessment or health study, evaluation, or activity, 

12 the Administrator of ATSDR shall not be bound by the 

13 deadlines in section 104(i)(6)(A) of CERCLA: Provided fur14 ther, That none of the funds appropriated under this head15 ing shall be available for ATSDR to issue in excess of 40 

16 toxicological profiles pursuant to section 104(i) of CERCLA 

17 during fiscal year 2006, and existing profiles may be up18 dated as necessary. 

19 OTHER RELATED AGENCIES 

20 EXECUTIVE OFFICE OF THE PRESIDENT

21 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

22 ENVIRONMENTAL QUALITY

23 For necessary expenses to continue functions assigned 

24 to the Council on Environmental Quality and Office of En25 vironmental Quality pursuant to the National Environ-
226

HR 2361 RS 

1 mental Policy Act of 1969, the Environmental Quality Im2 provement Act of 1970, and Reorganization Plan No. 1 of 

3 1977, and not to exceed $750 for official reception and rep4 resentation expenses, $2,717,000: Provided, That notwith5 standing section 202 of the National Environmental Policy 

6 Act of 1970, the Council shall consist of one member, ap7 pointed by the President, by and with the advice and con8 sent of the Senate, serving as chairman and exercising all 

9 powers, functions, and duties of the Council. 

10 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

11 SALARIES AND EXPENSES

12 For necessary expenses in carrying out activities pur13 suant to section 112(r)(6) of the Clean Air Act, as amended, 

14 including hire of passenger vehicles, uniforms or allowances 

15 therefor, as authorized by 5 U.S.C. 5901–5902, and for serv16 ices authorized by 5 U.S.C. 3109 but at rates for individ17 uals not to exceed the per diem equivalent to the maximum 

18 rate payable for senior level positions under 5 U.S.C. 5376, 

19 $9,200,000: Provided, That the Chemical Safety and Haz20 ard Investigation Board (Board) shall have not more than 

21 three career Senior Executive Service positions: Provided 

22 further, That notwithstanding any other provision of law, 

23 the individual appointed to the position of Inspector Gen24 eral of the Environmental Protection Agency (EPA) shall, 

25 by virtue of such appointment, also hold the position of In-
227

HR 2361 RS 

1 spector General of the Board: Provided further, That not2 withstanding any other provision of law, the Inspector Gen3 eral of the Board shall utilize personnel of the Office of In4 spector General of EPA in performing the duties of the In5 spector General of the Board, and shall not appoint any 

6 individuals to positions within the Board. 

7 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of Navajo and 

10 Hopi Indian Relocation as authorized by Public Law 93–

11 531, $8,601,000, to remain available until expended: Pro12 vided, That funds provided in this or any other appropria13 tions Act are to be used to relocate eligible individuals and 

14 groups including evictees from District 6, Hopi-partitioned 

15 lands residents, those in significantly substandard housing, 

16 and all others certified as eligible and not included in the 

17 preceding categories: Provided further, That none of the 

18 funds contained in this or any other Act may be used by 

19 the Office of Navajo and Hopi Indian Relocation to evict 

20 any single Navajo or Navajo family who, as of November 

21 30, 1985, was physically domiciled on the lands partitioned 

22 to the Hopi Tribe unless a new or replacement home is pro23 vided for such household: Provided further, That no 

24 relocatee will be provided with more than one new or re25 placement home: Provided further, That the Office shall re-
228

HR 2361 RS 

1 locate any certified eligible relocatees who have selected and 

2 received an approved homesite on the Navajo reservation 

3 or selected a replacement residence off the Navajo reserva4 tion or on the land acquired pursuant to 25 U.S.C. 640d–

5 10. 

6 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

7 CULTURE AND ARTS DEVELOPMENT

8 PAYMENT TO THE INSTITUTE

9 For payment to the Institute of American Indian and 

10 Alaska Native Culture and Arts Development, as authorized 

11 by title XV of Public Law 99–498, as amended (20 U.S.C. 

12 56 part A), $6,300,000. 

13 SMITHSONIAN INSTITUTION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Smithsonian Institution, 

16 as authorized by law, including research in the fields of art, 

17 science, and history; development, preservation, and docu18 mentation of the National Collections; presentation of pub19 lic exhibits and performances; collection, preparation, dis20 semination, and exchange of information and publications; 

21 conduct of education, training, and museum assistance pro22 grams; maintenance, alteration, operation, lease (for terms 

23 not to exceed 30 years), and protection of buildings, facili24 ties, and approaches; not to exceed $100,000 for services as 

25 authorized by 5 U.S.C. 3109; up to five replacement pas-
229

HR 2361 RS 

1 senger vehicles; purchase, rental, repair, and cleaning of 

2 uniforms for employees, $524,135,000, of which not to ex3 ceed $10,992,000 for the instrumentation program, collec4 tions acquisition, exhibition reinstallation, the National 

5 Museum of African American History and Culture, and the 

6 repatriation of skeletal remains program shall remain 

7 available until expended; and of which $9,086,000 for the 

8 reopening of the Patent Office Building and for fellowships 

9 and scholarly awards shall remain available until Sep10 tember 30, 2007; and including such funds as may be nec11 essary to support American overseas research centers and 

12 a total of $125,000 for the Council of American Overseas 

13 Research Centers: Provided, That funds appropriated here14 in are available for advance payments to independent con15 tractors performing research services or participating in of16 ficial Smithsonian presentations: Provided further, That 

17 the Smithsonian Institution may expend Federal appro18 priations designated in this Act for lease or rent payments 

19 for long term and swing space, as rent payable to the 

20 Smithsonian Institution, and such rent payments may be 

21 deposited into the general trust funds of the Institution to 

22 the extent that federally supported activities are housed in 

23 the 900 H Street, N.W. building in the District of Colum24 bia: Provided further, That this use of Federal appropria25 tions shall not be construed as debt service, a Federal guar-
230

HR 2361 RS 

1 antee of, a transfer of risk to, or an obligation of, the Fed2 eral Government: Provided further, That no appropriated 

3 funds may be used to service debt which is incurred to fi4 nance the costs of acquiring the 900 H Street building or 

5 of planning, designing, and constructing improvements to 

6 such building. 

7 FACILITIES CAPITAL

8 For necessary expenses of repair, revitalization, and 

9 alteration of facilities owned or occupied by the Smithso10 nian Institution, by contract or otherwise, as authorized by 

11 section 2 of the Act of August 22, 1949 (63 Stat. 623), and 

12 for construction, including necessary personnel, 

13 $100,000,000, to remain available until expended, of which 

14 not to exceed $10,000 is for services as authorized by 5 

15 U.S.C. 3109: Provided, That contracts awarded for environ16 mental systems, protection systems, and repair or restora17 tion of facilities of the Smithsonian Institution may be ne18 gotiated with selected contractors and awarded on the basis 

19 of contractor qualifications as well as price. 

20 NATIONAL GALLERY OF ART

21 SALARIES AND EXPENSES

22 For the upkeep and operations of the National Gallery 

23 of Art, the protection and care of the works of art therein, 

24 and administrative expenses incident thereto, as authorized 

25 by the Act of March 24, 1937 (50 Stat. 51), as amended 

26 by the public resolution of April 13, 1939 (Public Resolu-
231

HR 2361 RS 

1 tion 9, Seventy-sixth Congress), including services as au2 thorized by 5 U.S.C. 3109; payment in advance when au3 thorized by the treasurer of the Gallery for membership in 

4 library, museum, and art associations or societies whose 

5 publications or services are available to members only, or 

6 to members at a price lower than to the general public; pur7 chase, repair, and cleaning of uniforms for guards, and uni8 forms, or allowances therefor, for other employees as author9 ized by law (5 U.S.C. 5901–5902); purchase or rental of 

10 devices and services for protecting buildings and contents 

11 thereof, and maintenance, alteration, improvement, and re12 pair of buildings, approaches, and grounds; and purchase 

13 of services for restoration and repair of works of art for 

14 the National Gallery of Art by contracts made, without ad15 vertising, with individuals, firms, or organizations at such 

16 rates or prices and under such terms and conditions as the 

17 Gallery may deem proper, $96,600,000, of which not to ex18 ceed $3,157,000 for the special exhibition program shall re19 main available until expended. 

20 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

21 For necessary expenses of repair, restoration and ren22 ovation of buildings, grounds and facilities owned or occu23 pied by the National Gallery of Art, by contract or other24 wise, as authorized, $15,000,000, to remain available until 

25 expended: Provided, That contracts awarded for environ26 mental systems, protection systems, and exterior repair or 
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1 renovation of buildings of the National Gallery of Art may 

2 be negotiated with selected contractors and awarded on the 

3 basis of contractor qualifications as well as price: Provided 

4 further, That, notwithstanding any other provision of law, 

5 a single procurement for the Master Facilities Plan renova6 tion project at the National Gallery of Art may be issued 

7 which includes the full scope of the Work Area #3 project: 

8 Provided further, That the solicitation and the contract 

9 shall contain the clause ‘‘availability of funds’’ found at 

10 48 CFR 52.232.18. 

11 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

12 OPERATIONS AND MAINTENANCE

13 For necessary expenses for the operation, maintenance 

14 and security of the John F. Kennedy Center for the Per15 forming 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 the 

19 John F. Kennedy Center for the Performing Arts, 

20 $15,200,000, to remain available until expended. 

21 WOODROW WILSON INTERNATIONAL CENTER FOR

22 SCHOLARS

23 SALARIES AND EXPENSES

24 For expenses necessary in carrying out the provisions 

25 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 
233

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1 1356) including hire of passenger vehicles and services as 

2 authorized by 5 U.S.C. 3109, $9,201,000. 

3 NATIONAL FOUNDATION ON THE ARTS AND THE

4 HUMANITIES

5 NATIONAL ENDOWMENT FOR THE ARTS

6 GRANTS AND ADMINISTRATION

7 For necessary expenses to carry out the National Foun8 dation on the Arts and the Humanities Act of 1965, as 

9 amended, $126,264,000 shall be available to the National 

10 Endowment for the Arts for the support of projects and pro11 ductions in the arts through assistance to organizations and 

12 individuals pursuant to sections 5(c) and 5(g) of the Act, 

13 including $14,922,000 for support of arts education and 

14 public outreach activities through the Challenge America 

15 program, for program support, and for administering the 

16 functions of the Act, to remain available until expended: 

17 Provided, That funds previously appropriated to the Na18 tional Endowment for the Arts ‘‘Matching Grants’’ account 

19 and ‘‘Challenge America’’ account may be transferred to 

20 and merged with this account: Provided further, That funds 

21 appropriated herein shall be expended in accordance with 

22 sections 309 and 311 of Public Law 108–108. 
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1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For necessary expenses to carry out the National Foun4 dation on the Arts and the Humanities Act of 1965, as 

5 amended, $127,605,000, shall be available to the National 

6 Endowment for the Humanities for support of activities in 

7 the humanities, pursuant to section 7(c) of the Act, and for 

8 administering the functions of the Act, to remain available 

9 until expended. 

10 MATCHING GRANTS

11 To carry out the provisions of section 10(a)(2) of the 

12 National Foundation on the Arts and the Humanities Act 

13 of 1965, as amended, $15,449,000, to remain available until 

14 expended, of which $10,000,000 shall be available to the Na15 tional Endowment for the Humanities for the purposes of 

16 section 7(h): Provided, That this appropriation shall be 

17 available for obligation only in such amounts as may be 

18 equal to the total amounts of gifts, bequests, and devises of 

19 money, and other property accepted by the chairman or by 

20 grantees of the Endowment under the provisions of sub21 sections 11(a)(2)(B) and 11(a)(3)(B) during the current 

22 and preceding fiscal years for which equal amounts have 

23 not previously been appropriated. 

24 ADMINISTRATIVE PROVISIONS

25 None of the funds appropriated to the National Foun26 dation on the Arts and the Humanities may be used to 
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1 process any grant or contract documents which do not in2 clude the text of 18 U.S.C. 1913: Provided, That none of 

3 the funds appropriated to the National Foundation on the 

4 Arts and the Humanities may be used for official reception 

5 and representation expenses: Provided further, That funds 

6 from nonappropriated sources may be used as necessary for 

7 official reception and representation expenses: Provided fur8 ther, That the Chairperson of the National Endowment for 

9 the Arts may approve grants up to $10,000, if in the aggre10 gate this amount does not exceed 5 percent of the sums ap11 propriated for grant-making purposes per year: Provided 

12 further, That such small grant actions are taken pursuant 

13 to the terms of an expressed and direct delegation of author14 ity from the National Council on the Arts to the Chair15 person. 

16 COMMISSION OF FINE ARTS

17 SALARIES AND EXPENSES

18 For expenses made necessary by the Act establishing 

19 a Commission of Fine Arts (40 U.S.C. 104), $1,893,000: 

20 Provided, That the Commission is authorized to charge fees 

21 to cover the full costs of its publications, and such fees shall 

22 be credited to this account as an offsetting collection, to re23 main available until expended without further appropria24 tion. 
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1 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

2 For necessary expenses as authorized by Public Law 

3 99–190 (20 U.S.C. 956a), as amended, $7,492,000. 

4 ADVISORY COUNCIL ON HISTORIC PRESERVATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Advisory Council on His7 toric Preservation (Public Law 89–665, as amended), 

8 $4,943,000: Provided, That none of these funds shall be 

9 available for compensation of level V of the Executive Sched10 ule or higher positions. 

11 NATIONAL CAPITAL PLANNING COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses, as authorized by the National 

14 Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ15 ing services as authorized by 5 U.S.C. 3109, $8,244,000: 

16 Provided, That one-quarter of 1 percent of the funds pro17 vided under this heading may be used for official reception 

18 and representational expenses associated with hosting inter19 national visitors engaged in the planning and physical de20 velopment of world capitals. 

21 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

22 HOLOCAUST MEMORIAL MUSEUM

23 For expenses of the Holocaust Memorial Museum, as 

24 authorized by Public Law 106–292 (36 U.S.C. 2301–2310), 

25 $43,233,000, of which $1,874,000 for the museum’s repair 
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1 and rehabilitation program and $1,246,000 for the muse2 um’s exhibition design and production program shall re3 main available until expended. 

4 PRESIDIO TRUST

5 PRESIDIO TRUST FUND

6 For necessary expenses to carry out title I of the Omni7 bus Parks and Public Lands Management Act of 1996, 

8 $19,722,000 shall be available to the Presidio Trust, to re9 main available until expended. 

10 WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT

11 OF REMEMBRANCE

12 OPERATIONS

13 For necessary expenses of the White House Commission 

14 on the National Moment of Remembrance, $250,000.

15 TITLE IV—GENERAL PROVISIONS 

16 SEC. 401. The expenditure of any appropriation under 

17 this Act for any consulting service through procurement 

18 contract, pursuant to 5 U.S.C. 3109, shall be limited to 

19 those contracts where such expenditures are a matter of pub20 lic record and available for public inspection, except where 

21 otherwise provided under existing law, or under existing 

22 Executive order issued pursuant to existing law. 

23 SEC. 402. No part of any appropriation contained in 

24 this Act shall be available for any activity or the publica25 tion or distribution of literature that in any way tends to 
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1 promote public support or opposition to any legislative pro2 posal on which Congressional action is not complete other 

3 than to communicate to Members of Congress as described 

4 in 18 U.S.C. 1913. 

5 SEC. 403. No part of any appropriation contained in 

6 this Act shall remain available for obligation beyond the 

7 current fiscal year unless expressly so provided herein. 

8 SEC. 404. None of the funds provided in this Act to 

9 any department or agency shall be obligated or expended 

10 to provide a personal cook, chauffeur, or other personal serv11 ants to any officer or employee of such department or agen12 cy except as otherwise provided by law. 

13 SEC. 405. Estimated overhead charges, deductions, re14 serves or holdbacks from programs, projects, activities and 

15 subactivities to support government-wide, departmental, 

16 agency or bureau administrative functions or headquarters, 

17 regional or central operations shall be presented in annual 

18 budget justifications and subject to approval by the Com19 mittees on Appropriations. Changes to such estimates shall 

20 be presented to the Committees on Appropriations for ap21 proval. 

22 SEC. 406. None of the funds made available in this 

23 Act may be transferred to any department, agency, or in24 strumentality of the United States Government except pur-
239

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1 suant to a transfer made by, or transfer provided in, this 

2 Act or any other Act. 

3 SEC. 407. None of the funds in this Act may be used 

4 to plan, prepare, or offer for sale timber from trees classified 

5 as giant sequoia (Sequoiadendron giganteum) which are lo6 cated on National Forest System or Bureau of Land Man7 agement lands in a manner different than such sales were 

8 conducted in fiscal year 2005. 

9 SEC. 408. (a) LIMITATION OF FUNDS.—None of the 

10 funds appropriated or otherwise made available pursuant 

11 to this Act shall be obligated or expended to accept or proc12 ess applications for a patent for any mining or mill site 

13 claim located under the general mining laws. 

14 (b) EXCEPTIONS.—The provisions of subsection (a) 

15 shall not apply if the Secretary of the Interior determines 

16 that, for the claim concerned: (1) a patent application was 

17 filed with the Secretary on or before September 30, 1994; 

18 and (2) all requirements established under sections 2325 

19 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

20 for vein or lode claims and sections 2329, 2330, 2331, and 

21 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) 

22 for placer claims, and section 2337 of the Revised Statutes 

23 (30 U.S.C. 42) for mill site claims, as the case may be, 

24 were fully complied with by the applicant by that date. 
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1 (c) REPORT.—On September 30, 2006, the Secretary 

2 of the Interior shall file with the House and Senate Com3 mittees on Appropriations and the Committee on Resources 

4 of the House of Representatives and the Committee on En5 ergy and Natural Resources of the Senate a report on ac6 tions taken by the Department under the plan submitted 

7 pursuant to section 314(c) of the Department of the Interior 

8 and Related Agencies Appropriations Act, 1997 (Public 

9 Law 104–208). 

10 (d) MINERAL EXAMINATIONS.—In order to process 

11 patent applications in a timely and responsible manner, 

12 upon the request of a patent applicant, the Secretary of the 

13 Interior shall allow the applicant to fund a qualified third14 party contractor to be selected by the Bureau of Land Man15 agement to conduct a mineral examination of the mining 

16 claims or mill sites contained in a patent application as 

17 set forth in subsection (b). The Bureau of Land Manage18 ment shall have the sole responsibility to choose and pay 

19 the third-party contractor in accordance with the standard 

20 procedures employed by the Bureau of Land Management 

21 in the retention of third-party contractors. 

22 SEC. 409. The National Endowment for the Arts and 

23 the National Endowment for the Humanities are herein24 after authorized to solicit, accept, receive, and invest in the 

25 name of the United States, gifts, bequests, or devises of 
241

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1 money and other property or services and to use such in 

2 furtherance of the functions of the National Endowment for 

3 the Arts and the National Endowment for the Humanities. 

4 Any proceeds from such gifts, bequests, or devises, after ac5 ceptance by the National Endowment for the Arts or the 

6 National Endowment for the Humanities, shall be paid by 

7 the donor or the representative of the donor to the Chair8 man. The Chairman shall enter the proceeds in a special 

9 interest-bearing account to the credit of the appropriate en10 dowment for the purposes specified in each case. 

11 SEC. 410. No part of any appropriation contained in 

12 this Act shall be expended or obligated to complete and issue 

13 the 5-year program under the Forest and Rangeland Re14 newable Resources Planning Act. 

15 SEC. 411. Section 3(a) of the Act of June 9, 1930 (com16 monly known as the Knutson-Vandenberg Act; 16 U.S.C. 

17 576b), is amended—

18 (1) by striking ‘‘or’’ following ‘‘stand of timber,’’ 

19 in (3); and 

20 (2) by striking the period following ‘‘wildlife 

21 habitat management’’ in (4), and inserting ‘‘, or (5) 

22 watershed restoration, wildlife habitat improvement, 

23 control of insects, disease and noxious weeds, commu24 nity protection activities, and the maintenance of for25 est roads, within the Forest Service region in which 
242

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1 the timber sale occurred: Provided, That such activi2 ties may be performed through the use of contracts, 

3 forest product sales, and cooperative agreements.’’. 

4 SEC. 412. Amounts deposited during fiscal year 2005 

5 in the roads and trails fund provided for in the 14th para6 graph under the heading ‘‘FOREST SERVICE’’ of the Act 

7 of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be 

8 used by the Secretary of Agriculture, without regard to the 

9 State in which the amounts were derived, to repair or re10 construct roads, bridges, and trails on National Forest Sys11 tem lands or to carry out and administer projects to im12 prove forest health conditions, which may include the repair 

13 or reconstruction of roads, bridges, and trails on National 

14 Forest System lands in the wildland-community interface 

15 where there is an abnormally high risk of fire. The projects 

16 shall emphasize reducing risks to human safety and public 

17 health and property and enhancing ecological functions, 

18 long-term forest productivity, and biological integrity. The 

19 projects may be completed in a subsequent fiscal year. 

20 Funds shall not be expended under this section to replace 

21 funds which would otherwise appropriately be expended 

22 from the timber salvage sale fund. Nothing in this section 

23 shall be construed to exempt any project from any environ24 mental law. 
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1 SEC. 413. Other than in emergency situations, none 

2 of the funds in this Act may be used to operate telephone 

3 answering machines during core business hours unless such 

4 answering machines include an option that enables callers 

5 to reach promptly an individual on-duty with the agency 

6 being contacted. 

7 SEC. 414. No timber sale in Region 10 shall be adver8 tised if the indicated rate is deficit when appraised using 

9 a residual value approach that assigns domestic Alaska val10 ues for western redcedar. Program accomplishments shall 

11 be based on volume sold. Should Region 10 sell, in the cur12 rent fiscal year, the annual average portion of the decadal 

13 allowable sale quantity called for in the current Tongass 

14 Land Management Plan in sales which are not deficit when 

15 appraised using a residual value approach that assigns do16 mestic Alaska values for western redcedar, all of the western 

17 redcedar timber from those sales which is surplus to the 

18 needs of domestic processors in Alaska, shall be made avail19 able to domestic processors in the contiguous 48 United 

20 States at prevailing domestic prices. Should Region 10 sell, 

21 in the current fiscal year, less than the annual average por22 tion of the decadal allowable sale quantity called for in the 

23 Tongass Land Management Plan in sales which are not def24 icit when appraised using a residual value approach that 

25 assigns domestic Alaska values for western redcedar, the vol-
244

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1 ume of western redcedar timber available to domestic proc2 essors at prevailing domestic prices in the contiguous 48 

3 United States shall be that volume: (1) which is surplus 

4 to the needs of domestic processors in Alaska; and (2) is 

5 that percent of the surplus western redcedar volume deter6 mined by calculating the ratio of the total timber volume 

7 which has been sold on the Tongass to the annual average 

8 portion of the decadal allowable sale quantity called for in 

9 the current Tongass Land Management Plan. The percent10 age shall be calculated by Region 10 on a rolling basis as 

11 each sale is sold (for purposes of this amendment, a ‘‘rolling 

12 basis’’ shall mean that the determination of how much west13 ern redcedar is eligible for sale to various markets shall be 

14 made at the time each sale is awarded). Western redcedar 

15 shall be deemed ‘‘surplus to the needs of domestic processors 

16 in Alaska’’ when the timber sale holder has presented to 

17 the Forest Service documentation of the inability to sell 

18 western redcedar logs from a given sale to domestic Alaska 

19 processors at a price equal to or greater than the log selling 

20 value stated in the contract. All additional western redcedar 

21 volume not sold to Alaska or contiguous 48 United States 

22 domestic processors may be exported to foreign markets at 

23 the election of the timber sale holder. All Alaska yellow 

24 cedar may be sold at prevailing export prices at the election 

25 of the timber sale holder. 
245

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1 SEC. 415. Prior to October 1, 2006, the Secretary of 

2 Agriculture shall not be considered to be in violation of sub3 paragraph 6(f)(5)(A) of the Forest and Rangeland Renew4 able Resources Planning Act of 1974 (16 U.S.C. 

5 1604(f)(5)(A)) solely because more than 15 years have 

6 passed without revision of the plan for a unit of the Na7 tional Forest System. Nothing in this section exempts the 

8 Secretary from any other requirement of the Forest and 

9 Rangeland Renewable Resources Planning Act (16 U.S.C. 

10 1600 et seq.) or any other law: Provided, That if the Sec11 retary is not acting expeditiously and in good faith, within 

12 the funding available, to revise a plan for a unit of the 

13 National Forest System, this section shall be void with re14 spect to such plan and a court of proper jurisdiction may 

15 order completion of the plan on an accelerated basis. 

16 SEC. 416. No funds provided in this Act may be ex17 pended to conduct preleasing, leasing and related activities 

18 under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) 

19 or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

20 et seq.) within the boundaries of a National Monument es21 tablished pursuant to the Act of June 8, 1906 (16 U.S.C. 

22 431 et seq.) as such boundary existed on January 20, 2001, 

23 except where such activities are allowed under the Presi24 dential proclamation establishing such monument. 
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HR 2361 RS 

1 SEC. 417. In entering into agreements with foreign 

2 countries pursuant to the Wildfire Suppression Assistance 

3 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

4 the Secretary of the Interior are authorized to enter into 

5 reciprocal agreements in which the individuals furnished 

6 under said agreements to provide wildfire services are con7 sidered, for purposes of tort liability, employees of the coun8 try receiving said services when the individuals are engaged 

9 in fire suppression: Provided, That the Secretary of Agri10 culture or the Secretary of the Interior shall not enter into 

11 any agreement under this provision unless the foreign coun12 try (either directly or through its fire organization) agrees 

13 to assume any and all liability for the acts or omissions 

14 of American firefighters engaged in firefighting in a foreign 

15 country: Provided further, That when an agreement is 

16 reached for furnishing fire fighting services, the only rem17 edies for acts or omissions committed while fighting fires 

18 shall be those provided under the laws of the host country, 

19 and those remedies shall be the exclusive remedies for any 

20 claim arising out of fighting fires in a foreign country: Pro21 vided further, That neither the sending country nor any 

22 legal organization associated with the firefighter shall be 

23 subject to any legal action whatsoever pertaining to or aris24 ing out of the firefighter’s role in fire suppression. 
247

HR 2361 RS 

1 SEC. 418. Notwithstanding any other provision of law 

2 or regulation, to promote the more efficient use of the health 

3 care funding allocation for fiscal year 2006, the Eagle Butte 

4 Service Unit of the Indian Health Service, at the request 

5 of the Cheyenne River Sioux Tribe, may pay base salary 

6 rates to health professionals up to the highest grade and 

7 step available to a physician, pharmacist, or other health 

8 professional and may pay a recruitment or retention bonus 

9 of up to 25 percent above the base pay rate. 

10 SEC. 419. 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 ‘‘Secre14 taries’’) may, in evaluating bids and proposals, give consid15 eration to local contractors who are from, and who provide 

16 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 communities 

21 isolated from significant alternative employment opportu22 nities: Provided, That notwithstanding Federal Government 

23 procurement and contracting laws the Secretaries may 

24 award contracts, grants or cooperative agreements to local 

25 non-profit entities, Youth Conservation Corps or related 
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HR 2361 RS 

1 partnerships with State, local or non-profit youth groups, 

2 or small or micro-business or disadvantaged business: Pro3 vided further, That the contract, grant, or cooperative agree4 ment is for forest hazardous fuels reduction, watershed or 

5 water quality monitoring or restoration, wildlife or fish 

6 population monitoring, or habitat restoration or manage7 ment: Provided further, That the terms ‘‘rural community’’ 

8 and ‘‘economically disadvantaged’’ shall have the same 

9 meanings as in section 2374 of Public Law 101–624: Pro10 vided further, That the Secretaries shall develop guidance 

11 to implement this section: Provided further, That nothing 

12 in this section shall be construed as relieving the Secretaries 

13 of any duty under applicable procurement laws, except as 

14 provided in this section. 

15 SEC. 420. 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 con18 demnation without the approval of the House and Senate 

19 Committees on Appropriations: Provided, That this provi20 sion shall not apply to funds appropriated to implement 

21 the Everglades National Park Protection and Expansion 

22 Act of 1989, or to funds appropriated for Federal assistance 

23 to the State of Florida to acquire lands for Everglades res24 toration purposes. 
249

HR 2361 RS 

1 SEC. 421. (a) LIMITATION ON COMPETITIVE SOURCING

2 STUDIES.—

3 (1) Of the funds made available by this or any 

4 other Act to the Department of the Interior for fiscal 

5 year 2006, not more than $3,450,000 may be used by 

6 the Secretary of the Interior to initiate or continue 

7 competitive sourcing studies in fiscal year 2006 for 

8 programs, projects, and activities for which funds are 

9 appropriated by this Act until such time as the Sec10 retary concerned submits a reprogramming proposal 

11 to the Committees on Appropriations of the Senate 

12 and the House of Representatives, and such proposal 

13 has been processed consistent with the reprogramming 

14 guidelines included in the report accompanying this 

15 Act. 

16 (2) Of the funds appropriated by this Act, not 

17 more than $3,000,000 may be used in fiscal year 

18 2006 for competitive sourcing studies and related ac19 tivities 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 private 
250

HR 2361 RS 

1 contractor performance under the Office of Management 

2 and Budget Circular A–76 or any other administrative reg3 ulation, directive, or policy. 

4 (c) COMPETITIVE SOURCING EXEMPTION FOR FOREST

5 SERVICE STUDIES CONDUCTED PRIOR TO FISCAL YEAR

6 2006.—The Forest Service is hereby exempted from imple7 menting the Letter of Obligation and post-competition ac8 countability guidelines where a competitive sourcing study 

9 involved 65 or fewer full-time equivalents, the performance 

10 decision was made in favor of the agency provider; no net 

11 savings was achieved by conducting the study, and the 

12 study was completed prior to the date of this Act. 

13 (d) In preparing any reports to the Committees on Ap14 propriations on competitive sourcing activities, agencies 

15 funded in this Act shall include the incremental cost di16 rectly attributable to conducting the competitive sourcing 

17 competitions, including costs attributable to paying outside 

18 consultants and contractors and, in accordance with full 

19 cost accounting principles, all costs attributable to devel20 oping, implementing, supporting, managing, monitoring, 

21 and reporting on competitive sourcing, including personnel, 

22 consultant, travel, and training costs associated with pro23 gram management. 

24 SEC. 422. None of the funds in this Act or prior Acts 

25 making appropriations for the Department of the Interior 
251

HR 2361 RS 

1 and Related Agencies may be provided to the managing 

2 partners or their agents for the SAFECOM or Disaster 

3 Management projects. 

4 SEC. 423. (a) IN GENERAL.—An entity that enters 

5 into a contract with the United States to operate the Na6 tional Recreation Reservation Service (as solicited by the 

7 solicitation numbered WO–04–06vm) shall not carry out 

8 any duties under the contract using: 

9 (1) a contact center located outside the United 

10 States; or 

11 (2) a reservation agent who does not live in the 

12 United States. 

13 (b) NO WAIVER.—The Secretary of Agriculture may 

14 not waive the requirements of subsection (a). 

15 (c) TELECOMMUTING.—A reservation agent who is car16 rying out duties under the contract described in subsection 

17 (a) may not telecommute from a location outside the United 

18 States. 

19 (d) LIMITATIONS.—Nothing in this Act shall be con20 strued to apply to any employee of the entity who is not 

21 a reservation agent carrying out the duties under the con22 tract described in subsection (a) or who provides manage23 rial or support services. 

24 SEC. 424. Section 331, of Public Law 106–113, is 

25 amended—
252

HR 2361 RS 

1 (1) in part (a) by striking ‘‘2004’’ and inserting 

2 ‘‘2006’’; and 

3 (2) in part (b) by striking ‘‘2004’’ and inserting 

4 ‘‘2006’’. 

5 SEC. 425. Section 321 of the Consolidated Appropria6 tions Act, 2003, as included in Public Law 108–7, is 

7 amended by striking ‘‘September 30, 2005’’ and inserting 

8 ‘‘September 30, 2007’’. 

9 SEC. 426. Section 5 of the Arts and Artifacts Indem10 nity Act (20 U.S.C. 974) is amended—

11 (1) in subsection (b), by striking 

12 ‘‘$8,000,000,000’’ and inserting ‘‘$10,000,000,000’’; 

13 and 

14 (2) in subsection (c), by striking ‘‘$600,000,000’’ 

15 and inserting ‘‘$1,200,000,000’’. 

16 SEC. 427. (a) IN GENERAL.—

17 (1) Beginning in fiscal year 2006 and thereafter, 

18 the Secretary of Agriculture and the Secretary of the 

19 Interior are authorized to make grants to the Eastern 

20 Nevada Landscape Coalition for the study and res21 toration of rangeland and other lands in Nevada’s 

22 Great Basin in order to help assure the reduction of 

23 hazardous fuels and for related purposes. 

24 (2) Beginning in fiscal year 2006 and thereafter, 

25 notwithstanding 31 U.S.C. secs. 6301–6308, the Di-
253

HR 2361 RS 

1 rector of the Bureau of Land Management may enter 

2 into a cooperative agreement with the Eastern Ne3 vada Landscape Coalition for the Great Basin Res4 toration Project, including hazardous fuels and me5 chanical treatments and related work. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

7 authorized to be appropriated such sums as are necessary 

8 to carry out this section. 

9 SEC. 428. (a) Section 108(g) of the Valles Caldera 

10 Preservation Act (16 U.S.C. 698v–6(g)) is amended— 

11 (1) in the first sentence, by striking ‘‘The Sec12 retary’’ and inserting the following: 

13 ‘‘(1) LAW ENFORCEMENT.— 

14 ‘‘(A) IN GENERAL.—The Secretary’’; 

15 (2) in the second sentence, by striking ‘‘The 

16 Trust’’ and inserting the following: 

17 ‘‘(B) FEDERAL AGENCY.—The Trust’’; and 

18 (3) by striking ‘‘At the request of the Trust’’ and 

19 all that follows through the end of the paragraph and 

20 inserting the following: 

21 ‘‘(2) FIRE MANAGEMENT.— 

22 ‘‘(A) NON-REIMBURSABLE SERVICES.— 

23 ‘‘(i) DEVELOPMENT OF PLAN.—Subject 

24 to the availability of appropriations under 

25 section 111(a), the Secretary shall, in con-
254

HR 2361 RS 

1 sultation with the Trust, develop a plan to 

2 carry out fire preparedness, suppression, 

3 and emergency rehabilitation services on the 

4 Preserve. 

5 ‘‘(ii) CONSISTENCY WITH MANAGEMENT

6 PROGRAM.—The plan shall be consistent 

7 with the management program developed 

8 pursuant to subsection (d). 

9 ‘‘(iii) COOPERATIVE AGREEMENT.—To 

10 the extent generally authorized at other 

11 units of the National Forest System, the 

12 Secretary shall provide the services to be 

13 carried out pursuant to the plan under a 

14 cooperative agreement entered into between 

15 the Secretary and the Trust. 

16 ‘‘(B) REIMBURSABLE SERVICES.—To the ex17 tent generally authorized at other units of the 

18 National Forest System and subject to the avail19 ability of appropriations under section 111(a), 

20 the Secretary shall provide presuppression and 

21 nonemergency rehabilitation and restoration 

22 services for the Trust at any time on a reimburs23 able basis.’’ 

24 (b) The amendments made by subsection (a) take effect 

25 on January 1, 2005. 
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1 TITLE V—FACILITY REALIGNMENT AND 

2 ENHANCEMENT ACT OF 2005 

3 SECTION 501. SHORT TITLE. 

4 This title may be cited as the ‘‘Forest Service Land 

5 Disposition and Facility Realignment and Enhancement 

6 Act of 2005’’. 

7 SEC. 502. DEFINITIONS. 

8 In this title: 

9 (1) ADMINISTRATIVE SITE.— 

10 (A) IN GENERAL.—The term ‘‘administra11 tive site’’ means Federal land (including im12 provements to the Federal land) and any associ13 ated facility and curtilage that was acquired or 

14 is used specifically for Forest Service purposes. 

15 (B) INCLUSIONS.—The term ‘‘administra16 tive site’’ includes— 

17 (i) a forest headquarters; 

18 (ii) a ranger station; 

19 (iii) a research station or laboratory; 

20 (iv) a dwelling; 

21 (v) a warehouse; 

22 (vi) a scaling station; 

23 (vii) a fire-retardant mixing station; 

24 (viii) a lookout; 

25 (ix) a visitor center; 
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1 (x) a guard station; 

2 (xi) a storage facility; 

3 (xii) a telecommunication facility; 

4 (xiii) the Washington Office Head5 quarters; 

6 (xiv) a regional office or associated 

7 site; and 

8 (xv) other installations for conducting 

9 Forest Service activities. 

10 (2) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of General Services. 

12 (3) FEDERAL APPRAISAL STANDARDS.—The term 

13 ‘‘Federal appraisal standards’’ means the standards 

14 included in the Uniform Appraisal Standards for 

15 Federal Land Acquisitions (Interagency Land Acqui16 sition Conference, 2000). 

17 (4) MARKET ANALYSIS.—The term ‘‘market anal18 ysis’’ means the identification and study of the real 

19 estate market for a particular economic good or serv20 ice. 

21 (5) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Agriculture. 

23 SEC. 503. AUTHORIZATION OF CONVEYANCES. 

24 (a) IN GENERAL.—The Secretary may convey, by sale, 

25 lease, exchange, a combination of sales and exchanges, or 
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1 by other means any administrative site or interest in an 

2 administrative site that is under the jurisdiction of the Sec3 retary. 

4 (b) LEAD-BASED PAINT AND ASBESTOS ABATE5 MENT.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provisions of law, in any conveyance under subsection 

8 (a), the Secretary shall not be required to mitigate or 

9 abate lead-based paint or asbestos-containing building 

10 materials with respect to the administrative site con11 veyed. 

12 (2) NOTICE.—Notwithstanding paragraph (1), if 

13 the administrative site being conveyed has lead-based 

14 paint or asbestos-containing building materials, the 

15 Secretary shall— 

16 (A) provide to the person acquiring the ad17 ministrative site notice of the presence of lead18 based paint or asbestos-containing material; and 

19 (B) obtain from the person acquiring the 

20 administrative site a written assurance that the 

21 person will comply with applicable Federal, 

22 State, and local laws relating to the management 

23 of the lead-based paint or asbestos-containing 

24 materials. 
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1 (c) FEDERAL PROPERTY AND ADMINISTRATIVE SERV2 ICES.—A conveyance under this section shall not be subject 

3 to subchapter I of chapter 5, title 40, United States Code. 

4 (d) NOTICE TO CONGRESS.—At least once a year, the 

5 Secretary shall submit to the Committee on Appropriations 

6 of the House of Representatives and the Committee on Ap7 propriations of the Senate notice of any conveyances under 

8 this section. 

9 (e) ENVIRONMENTAL REVIEW.—In any environmental 

10 review or analysis required under the National Environ11 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the 

12 disposal of an administrative site under this section, the 

13 Secretary shall consider or analyze the uses of the adminis14 trative site after the conveyance of the administrative site 

15 only to the extent that the Secretary determines to be nec16 essary— 

17 (1) to determine any right, title, or interest in 

18 the administrative site that may be reserved by the 

19 Secretary under subsection (g)(3); or 

20 (2) for market analyses purposes. 

21 (f) CONFIGURATION OF LAND.— 

22 (1) IN GENERAL.—To facilitate a conveyance 

23 under this section, the Secretary may configure the 

24 land to be conveyed to— 
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1 (A) maximize the marketability of the land; 

2 and 

3 (B) achieve management objectives. 

4 (2) IMPROVEMENTS.—Improvements to the land 

5 to be conveyed may be severed from the land and dis6 posed of in separate conveyances. 

7 (3) RESERVATION.—In any disposition of land 

8 under this section, the Secretary may reserve any 

9 right, title, and interest in and to the land that the 

10 Secretary determines to be necessary, including— 

11 (A) a reservations of water rights; 

12 (B) a right-of-way; and 

13 (C) a utility easement. 

14 (g) CONSIDERATION.— 

15 (1) AMOUNT.—In consideration for a conveyance 

16 authorized under subsection (a), the purchaser shall 

17 pay to the Secretary the amount that is equal to the 

18 fair market value of the administrative site conveyed, 

19 as provided in paragraph (3). 

20 (2) APPRAISAL.—The Secretary shall determine 

21 fair market value by— 

22 (A) conducting an appraisal that is per23 formed in accordance with the Uniform Ap24 praisal Standards for Federal Land Acquisitions 
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1 and the Uniform Standards of Professional Ap2 praisal practice; 

3 (B) competitive sale; or 

4 (C) other acceptable and commonly recog5 nized methods of determining value as deter6 mined by the authorized agency appraiser. 

7 (3) FORM.— 

8 (A) SALE.—Consideration for a sale under 

9 this section shall be paid in cash on conveyance 

10 of the administrative site. 

11 (B) EXCHANGE.— 

12 (i) EQUAL IN VALUE.—Consideration 

13 for an exchange of land or an improvement 

14 to land under this section shall be in the 

15 form of a conveyance of land or improve16 ment that is equal in value to the land or 

17 improvement conveyed. 

18 (ii) NOT EQUAL IN VALUE.—If the val19 ues of land or improvements to be ex20 changed under this Act and described in 

21 clause (i) are not equal, the values may be 

22 equalized by— 

23 (I) the Secretary making a cash 

24 payment to the purchaser; 
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1 (II) the purchaser making a cash 

2 equalization payment to the Secretary; 

3 or 

4 (III) reducing the acreage of the 

5 Federal land or the non-Federal land, 

6 as appropriate. 

7 (h) REJECTION OF OFFERS.—The Secretary may re8 ject any offer made under this section if the Secretary deter9 mines that the offer is not— 

10 (1) adequate to provide market value under sub11 section (g)(1); or 

12 (2) in the public interest. 

13 (i) BROKERAGE SERVICES.—The Secretary may use 

14 the proceeds of sales or exchanges under this section to pay 

15 reasonable commissions or fees for brokerage services if the 

16 Secretary determines that the services are in the public in17 terest. 

18 (j) DISPOSITION OF PROCEEDS.— 

19 (1) IN GENERAL.—After deducting any costs of 

20 the Secretary relating to a conveyance, the Secretary 

21 shall deposit the proceeds from the conveyance in the 

22 fund established under Public Law 90–171 (com23 monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 

24 (2) USE.—Amounts deposited under paragraph 

25 (1) shall remain available to the Secretary until ex-
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1 pended, without further appropriation, to pay any 

2 necessary and incidental costs of the Secretary for the 

3 acquisition, improvement, deferred maintenance, con4 struction of new facilities; and disposition of admin5 istrative sites and capital improvements on National 

6 Forest System land. 

7 (k) CONSULTATION WITH ADMINISTRATOR.—As ap8 propriate, the Secretary is encouraged to work with the Ad9 ministrator with respect to the conveyance of administra10 tive sites. 

11 SEC. 504. WORKING CAPITAL FUND. 

12 (a) IN GENERAL.—Section 13 of the Department of 

13 Agriculture Organic Act of 1956 (16 U.S.C. 579b) is 

14 amended to read as follows: 

15 ‘‘SEC. 13. WORKING CAPITAL FUND. 

16 ‘‘(a) ESTABLISHMENT.—There is established a working 

17 capital fund (referred to in this section as the ‘Fund’), 

18 which shall be available without fiscal year limitation. 

19 ‘‘(b) USE.—Amounts in the Fund shall be used to pay 

20 the costs of purchasing, constructing, performing capital re21 pairs on, renovating, rehabilitating, disposing, or replacing 

22 buildings and to carry out deferred maintenance and im23 provements to land for programs of the Forest Service, sub24 ject to any limitations in appropriations for the Forest 

25 Service. 
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1 ‘‘(c) TRANSFER AND CAPITALIZATION.—The Secretary 

2 of Agriculture (referred to in this section as the ‘Secretary’) 

3 may— 

4 ‘‘(1) transfer to the Fund, without reimburse5 ment, and capitalize in the Fund at fair and reason6 able values, any receivables, inventories, equipment, 

7 buildings, improvements, and other assets as the Sec8 retary determines to be appropriate; and 

9 ‘‘(2) assume the liabilities associated with the as10 sets transferred under paragraph (1). 

11 ‘‘(d) ADVANCE PAYMENTS.—The fund shall be credited 

12 with advance payments in connection with firm orders and 

13 reimbursements from appropriations and funds of the For14 est Service, other departmental and Federal agencies, and 

15 from other sources, as authorized by law, at rates approxi16 mately equal to the cost of furnishing the facilities and serv17 ice.’’. 

18 (b) SAVINGS CLAUSE.—The amendment made by sub19 section (a) shall not affect the status of funds and assets 

20 in the working capital fund established by section 13 of the 

21 Department of Agriculture Organic Act of 1956 (16 U.S.C. 

22 579b) as in effect on the date of enactment of this section.

23 This Act may be cited as the ‘‘Department of the Inte24 rior, Environment, and Related Agencies Appropriations 

25 Act, 2006’’. 
Calendar No. 125

109TH CONGRESS 

1ST SESSION H.R. 2361

[Report No. 109–80] 

AN ACT

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 20, 2005

Received; read twice and referred to the Committee on 

J

Appropriations 

UNE 10, 2005

Reported with an amendment