In the Senate of the United States,

June 29, 2005.

Resolved, That the bill from the House of Representatives (H.R. 2361) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Department of the Interior, environment, and related agen4 cies for the fiscal year ending September 30, 2006, and for

5 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, classifica6 tion, acquisition of easements and other interests in lands,

7 and performance of other functions, including maintenance

8 of facilities, as authorized by law, in the management of

9 lands and their resources under the jurisdiction of the Bu10 reau of Land Management, including the general adminis11 tration of the Bureau, and assessment of mineral potential

12 of public lands pursuant to Public Law 96–487 (16 U.S.C.

13 3150(a)), $867,045,000, to remain available until expended,

14 of which $1,250,000 is for high priority projects, to be car15 ried out by the Youth Conservation Corps; and of which

16 $3,000,000 shall be available in fiscal year 2006 subject to

17 a match by at least an equal amount by the National Fish

18 and Wildlife Foundation for cost-shared projects supporting

19 conservation of Bureau lands; and such funds shall be ad20 vanced to the Foundation as a lump sum grant without

21 regard to when expenses are incurred.

22 In addition, $32,696,000 is for Mining Law Adminis23 tration program operations, including the cost of admin24 istering the mining claim fee program; to remain available

25 until expended, to be reduced by amounts collected by the
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1 Bureau and credited to this appropriation from annual

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

3 estimated at not more than $867,045,000, and $2,000,000,

4 to remain available until expended, from communication

5 site rental fees established by the Bureau for the cost of ad6 ministering communication site activities.

7 WILDLAND FIRE MANAGEMENT

8 For necessary expenses for fire preparedness, suppres9 sion operations, fire science and research, emergency reha10 bilitation, hazardous fuels reduction, and rural fire assist11 ance by the Department of the Interior, $766,564,000, to

12 remain available until expended, of which not to exceed

13 $7,849,000 shall be for the renovation or construction of fire

14 facilities: Provided, That such funds are also available for

15 repayment of advances to other appropriation accounts

16 from which funds were previously transferred for such pur17 poses: Provided further, That persons hired pursuant to 43

18 U.S.C. 1469 may be furnished subsistence and lodging with19 out cost from funds available from this appropriation: Pro20 vided further, That notwithstanding 42 U.S.C. 1856d, sums

21 received by a bureau or office of the Department of the Inte22 rior for fire protection rendered pursuant to 42 U.S.C. 1856

23 et seq., protection of United States property, may be cred24 ited to the appropriation from which funds were expended

25 to provide that protection, and are available without fiscal

26 year limitation: Provided further, That using the amounts
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1 designated under this title of this Act, the Secretary of the

2 Interior may enter into procurement contracts, grants, or

3 cooperative agreements, for hazardous fuels reduction ac4 tivities, and for training and monitoring associated with

5 such hazardous fuels reduction activities, on Federal land,

6 or on adjacent non-Federal land for activities that benefit

7 resources on Federal land: Provided further, That the costs

8 of implementing any cooperative agreement between the

9 Federal Government and any non-Federal entity may be

10 shared, as mutually agreed on by the affected parties: Pro11 vided further, That notwithstanding requirements of the

12 Competition in Contracting Act, the Secretary, for purposes

13 of hazardous fuels reduction activities, may obtain max14 imum practicable competition among: (1) local private,

15 nonprofit, or cooperative entities; (2) Youth Conservation

16 Corps crews or related partnerships with State, local, or

17 non-profit youth groups; (3) small or micro-businesses; or

18 (4) other entities that will hire or train locally a significant

19 percentage, defined as 50 percent or more, of the project

20 workforce to complete such contracts: Provided further, That

21 in implementing this section, the Secretary shall develop

22 written guidance to field units to ensure accountability and

23 consistent application of the authorities provided herein:

24 Provided further, That funds appropriated under this head

25 may be used to reimburse the United States Fish and Wild-
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1 life Service and the National Marine Fisheries Service for

2 the costs of carrying out their responsibilities under the En3 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to

4 consult and conference, as required by section 7 of such Act,

5 in connection with wildland fire management activities:

6 Provided further, That the Secretary of the Interior may

7 use wildland fire appropriations to enter into non-competi8 tive sole source leases of real property with local govern9 ments, at or below fair market value, to construct capital10 ized improvements for fire facilities on such leased prop11 erties, including but not limited to fire guard stations, re12 tardant stations, and other initial attack and fire support

13 facilities, and to make advance payments for any such lease

14 or for construction activity associated with the lease: Pro15 vided further, That the Secretary of the Interior and the

16 Secretary of Agriculture may authorize the transfer of funds

17 appropriated for wildland fire management, in an aggre18 gate amount not to exceed $12,000,000, between the Depart19 ments when such transfers would facilitate and expedite

20 jointly funded wildland fire management programs and

21 projects: Provided further, That funds provided for wildfire

22 suppression shall be available for support of Federal emer23 gency response actions.
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1 CONSTRUCTION

2 For construction of buildings, recreation facilities,

3 roads, trails, and appurtenant facilities, $9,976,000, to re4 main available until expended.

5 LAND ACQUISITION

6 For expenses necessary to carry out sections 205, 206,

7 and 318(d) of Public Law 94–579, including administra8 tive expenses and acquisition of lands or waters, or interests

9 therein, $12,250,000, to be derived from the Land and

10 Water Conservation Fund and to remain available until

11 expended.

12 OREGON AND CALIFORNIA GRANT LANDS

13 For expenses necessary for management, protection,

14 and development of resources and for construction, oper15 ation, and maintenance of access roads, reforestation, and

16 other improvements on the revested Oregon and California

17 Railroad grant lands, on other Federal lands in the Oregon

18 and California land-grant counties of Oregon, and on adja19 cent rights-of-way; and acquisition of lands or interests

20 therein, including existing connecting roads on or adjacent

21 to such grant lands; $110,070,000, to remain available until

22 expended: Provided, That 25 percent of the aggregate of all

23 receipts during the current fiscal year from the revested Or24 egon and California Railroad grant lands is hereby made

25 a charge against the Oregon and California land-grant

26 fund and shall be transferred to the General Fund in the
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1 Treasury in accordance with the second paragraph of sub2 section (b) of title II of the Act of August 28, 1937 (50 Stat.

3 876).

4 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

5 (REVOLVING FUND, SPECIAL ACCOUNT)

6 In addition to the purposes authorized in Public Law

7 102–381, funds made available in the Forest Ecosystem

8 Health and Recovery Fund can be used for the purpose of

9 planning, preparing, implementing and monitoring salvage

10 timber sales and forest ecosystem health and recovery activi11 ties, such as release from competing vegetation and density

12 control treatments. The Federal share of receipts (defined

13 as the portion of salvage timber receipts not paid to the

14 counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et

15 seq., and Public Law 106–393) derived from treatments

16 funded by this account shall be deposited into the Forest

17 Ecosystem Health and Recovery Fund.

18 RANGE IMPROVEMENTS

19 For rehabilitation, protection, and acquisition of lands

20 and interests therein, and improvement of Federal range21 lands pursuant to section 401 of the Federal Land Policy

22 and Management Act of 1976 (43 U.S.C. 1701), notwith23 standing any other Act, sums equal to 50 percent of all

24 moneys received during the prior fiscal year under sections

25 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.)

26 and the amount designated for range improvements from
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1 grazing fees and mineral leasing receipts from Bankhead2 Jones lands transferred to the Department of the Interior

3 pursuant to law, but not less than $10,000,000, to remain

4 available until expended: Provided, That not to exceed

5 $600,000 shall be available for administrative expenses.

6 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

7 For administrative expenses and other costs related to

8 processing application documents and other authorizations

9 for use and disposal of public lands and resources, for costs

10 of providing copies of official public land documents, for

11 monitoring construction, operation, and termination of fa12 cilities in conjunction with use authorizations, and for re13 habilitation of damaged property, such amounts as may be

14 collected under Public Law 94–579, as amended, and Public

15 Law 93–153, to remain available until expended: Provided,

16 That, notwithstanding any provision to the contrary of sec17 tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any

18 moneys that have been or will be received pursuant to that

19 section, whether as a result of forfeiture, compromise, or set20 tlement, if not appropriate for refund pursuant to section

21 305(c) of that Act (43 U.S.C. 1735(c)), shall be available

22 and may be expended under the authority of this Act by

23 the Secretary to improve, protect, or rehabilitate any public

24 lands administered through the Bureau of Land Manage25 ment which have been damaged by the action of a resource

26 developer, purchaser, permittee, or any unauthorized per-
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1 son, without regard to whether all moneys collected from

2 each such action are used on the exact lands damaged which

3 led to the action: Provided further, That any such moneys

4 that are in excess of amounts needed to repair damage to

5 the exact land for which funds were collected may be used

6 to repair other damaged public lands.

7 MISCELLANEOUS TRUST FUNDS

8 In addition to amounts authorized to be expended

9 under existing laws, there is hereby appropriated such

10 amounts as may be contributed under section 307 of the

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

12 amounts as may be advanced for administrative costs, sur13 veys, appraisals, and costs of making conveyances of omit14 ted lands under section 211(b) of that Act, to remain avail15 able until expended.

16 ADMINISTRATIVE PROVISIONS

17 Appropriations for the Bureau of Land Management

18 shall be available for purchase, erection, and dismantlement

19 of temporary structures, and alteration and maintenance

20 of necessary buildings and appurtenant facilities to which

21 the United States has title; up to $100,000 for payments,

22 at the discretion of the Secretary, for information or evi23 dence concerning violations of laws administered by the Bu24 reau; miscellaneous and emergency expenses of enforcement

25 activities authorized or approved by the Secretary and to

26 be accounted for solely on her certificate, not to exceed
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1 $10,000: Provided, That notwithstanding 44 U.S.C. 501,

2 the Bureau may, under cooperative cost-sharing and part3 nership arrangements authorized by law, procure printing

4 services from cooperators in connection with jointly pro5 duced publications for which the cooperators share the cost

6 of printing either in cash or in services, and the Bureau

7 determines the cooperator is capable of meeting accepted

8 quality standards.

9 UNITED STATES FISH AND WILDLIFE SERVICE

10 RESOURCE MANAGEMENT

11 For necessary expenses of the United States Fish and

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

13 and economic studies, maintenance of the herd of long14 horned cattle on the Wichita Mountains Wildlife Refuge,

15 general administration, and for the performance of other

16 authorized functions related to such resources by direct ex17 penditure, contracts, grants, cooperative agreements and re18 imbursable agreements with public and private entities,

19 $993,485,000, to remain available until September 30,

20 2007, except as otherwise provided herein: Provided, That

21 $2,500,000 is for high priority projects, which shall be car22 ried out by the Youth Conservation Corps: Provided further,

23 That not to exceed $18,130,000 shall be used for imple24 menting subsections (a), (b), (c), and (e) of section 4 of the

25 Endangered Species Act, as amended, for species that are
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1 indigenous to the United States (except for processing peti2 tions, developing and issuing proposed and final regula3 tions, and taking any other steps to implement actions de4 scribed in subsection (c)(2)(A), (c)(2)(B)(i), or

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

6 used for any activity regarding the designation of critical

7 habitat, pursuant to subsection (a)(3), excluding litigation

8 support, for species listed pursuant to subsection (a)(1)

9 prior to October 1, 2005: Provided further, That of the

10 amount available for law enforcement, up to $400,000, to

11 remain available until expended, may at the discretion of

12 the Secretary be used for payment for information, rewards,

13 or evidence concerning violations of laws administered by

14 the Service, and miscellaneous and emergency expenses of

15 enforcement activity, authorized or approved by the Sec16 retary and to be accounted for solely on her certificate: Pro17 vided further, That of the amount provided for environ18 mental contaminants, up to $1,000,000 may remain avail19 able until expended for contaminant sample analyses: Pro20 vided further, That of the total amounts made available

21 under this heading, $350,000 may be made available for

22 the mussel program at the White Sulphur Springs National

23 Fish Hatchery.

24 CONSTRUCTION

25 For construction, improvement, acquisition, or re26 moval of buildings and other facilities required in the con-
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1 servation, management, investigation, protection, and utili2 zation of fishery and wildlife resources, and the acquisition

3 of lands and interests therein; $31,811,000, to remain avail4 able until expended: Provided, That funds made available

5 under the 2005 Consolidated Appropriations Act (Public

6 Law 108–447) for the Chase Lake and Arrowwood National

7 Wildlife Refuges, North Dakota, shall be transferred to

8 North Dakota State University to complete planning and

9 design for a Joint Interpretive Center.

10 LAND ACQUISITION

11 For expenses necessary to carry out the Land and

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

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

15 therein, in accordance with statutory authority applicable

16 to the United States Fish and Wildlife Service, $40,827,000

17 to be derived from the Land and Water Conservation Fund

18 and to remain available until expended.

19 LANDOWNER INCENTIVE PROGRAM

20 For expenses necessary to carry out the Land and

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

22 U.S.C. 460l–4 through 11), including administrative ex23 penses, and for private conservation efforts to be carried out

24 on private lands, $25,000,000, to be derived from the Land

25 and Water Conservation Fund, and to remain available

26 until expended: Provided, That the amount provided herein
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1 is for a Landowner Incentive Program established by the

2 Secretary that provides matching, competitively awarded

3 grants to States, the District of Columbia, federally recog4 nized Indian tribes, Puerto Rico, Guam, the United States

5 Virgin Islands, the Northern Mariana Islands, and Amer6 ican Samoa, to establish or supplement existing landowner

7 incentive programs that provide technical and financial as8 sistance, including habitat protection and restoration, to

9 private landowners for the protection and management of

10 habitat to benefit federally listed, proposed, candidate, or

11 other at-risk species on private lands.

12 PRIVATE STEWARDSHIP GRANTS

13 For expenses necessary to carry out the Land and

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

15 U.S.C. 460l–4 through 11), including administrative ex16 penses, and for private conservation efforts to be carried out

17 on private lands, $7,500,000, to be derived from the Land

18 and Water Conservation Fund, and to remain available

19 until expended: Provided, That the amount provided herein

20 is for the Private Stewardship Grants Program established

21 by the Secretary to provide grants and other assistance to

22 individuals and groups engaged in private conservation ef23 forts that benefit federally listed, proposed, candidate, or

24 other at-risk species.
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1 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

2 For expenses necessary to carry out section 6 of the

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

4 as amended, $80,000,000, of which $34,347,000 is to be de5 rived from the Cooperative Endangered Species Conserva6 tion Fund and $45,653,000 is to be derived from the Land

7 and Water Conservation Fund and to remain available

8 until expended.

9 NATIONAL WILDLIFE REFUGE FUND

10 For expenses necessary to implement the Act of October

11 17, 1978 (16 U.S.C. 715s), $14,414,000.

12 NORTH AMERICAN WETLANDS CONSERVATION FUND

13 For expenses necessary to carry out the provisions of

14 the North American Wetlands Conservation Act, Public

15 Law 101–233, as amended, $39,500,000, to remain avail16 able until expended.

17 NEOTROPICAL MIGRATORY BIRD CONSERVATION

18 For financial assistance for projects to promote the

19 conservation of neotropical migratory birds in accordance

20 with the Neotropical Migratory Bird Conservation Act,

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

22 to remain available until expended.

23 MULTINATIONAL SPECIES CONSERVATION FUND

24 For expenses necessary to carry out the African Ele25 phant Conservation Act (16 U.S.C. 4201–4203, 4211–4213,

26 4221–4225, 4241–4245, and 1538), the Asian Elephant
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1 Conservation Act of 1997 (Public Law 105–96; 16 U.S.C.

2 4261–4266), the Rhinoceros and Tiger Conservation Act of

3 1994 (16 U.S.C. 5301–5306), the Great Ape Conservation

4 Act of 2000 (16 U.S.C. 6301), and the Marine Turtle Con5 servation Act of 2004 (Public Law 108–266; 16 U.S.C.

6 6601), $6,500,000, to remain available until expended.

7 STATE AND TRIBAL WILDLIFE GRANTS

8 For wildlife conservation grants to States and to the

9 District of Columbia, Puerto Rico, Guam, the United States

10 Virgin Islands, the Northern Mariana Islands, American

11 Samoa, and federally recognized Indian tribes under the

12 provisions of the Fish and Wildlife Act of 1956 and the

13 Fish and Wildlife Coordination Act, for the development

14 and implementation of programs for the benefit of wildlife

15 and their habitat, including species that are not hunted or

16 fished, $72,000,000, to be derived from the Land and Water

17 Conservation Fund, and to remain available until ex18 pended: Provided, That of the amount provided herein,

19 $6,000,000 is for a competitive grant program for Indian

20 tribes not subject to the remaining provisions of this appro21 priation: Provided further, That the Secretary shall, after

22 deducting said $6,000,000 and administrative expenses, ap23 portion the amount provided herein in the following man24 ner: (1) to the District of Columbia and to the Common25 wealth of Puerto Rico, each a sum equal to not more than

26 one-half of 1 percent thereof; and (2) to Guam, American
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1 Samoa, the United States Virgin Islands, and the Common2 wealth of the Northern Mariana Islands, each a sum equal

3 to not more than one-fourth of 1 percent thereof: Provided

4 further, That the Secretary shall apportion the remaining

5 amount in the following manner: (1) one-third of which is

6 based on the ratio to which the land area of such State bears

7 to the total land area of all such States; and (2) two-thirds

8 of which is based on the ratio to which the population of

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

10 Provided further, That the amounts apportioned under this

11 paragraph shall be adjusted equitably so that no State shall

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

13 amount available for apportionment under this paragraph

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

15 Provided further, That the Federal share of planning grants

16 shall not exceed 75 percent of the total costs of such projects

17 and the Federal share of implementation grants shall not

18 exceed 50 percent of the total costs of such projects: Provided

19 further, That the non-Federal share of such projects may

20 not be derived from Federal grant programs: Provided fur21 ther, That no State, territory, or other jurisdiction shall re22 ceive a grant unless it has developed a comprehensive wild23 life conservation plan, consistent with criteria established

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

25 range of the State, territory, or other jurisdiction’s wildlife
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1 and associated habitats, with appropriate priority placed

2 on those species with the greatest conservation need and tak3 ing into consideration the relative level of funding available

4 for the conservation of those species: Provided further, That

5 any amount apportioned in 2006 to any State, territory,

6 or other jurisdiction that remains unobligated as of Sep7 tember 30, 2007, shall be reapportioned, together with funds

8 appropriated in 2008, in the manner provided herein: Pro9 vided further, That balances from amounts previously ap10 propriated under the heading ‘‘State Wildlife Grants’’ shall

11 be transferred to and merged with this appropriation and

12 shall remain available until expended.

13 ADMINISTRATIVE PROVISIONS

14 Appropriations and funds available to the United

15 States Fish and Wildlife Service shall be available for pur16 chase of not to exceed 61 passenger motor vehicles, of which

17 61 are for replacement only (including 22 for police-type

18 use); repair of damage to public roads within and adjacent

19 to reservation areas caused by operations of the Service; op20 tions for the purchase of land at not to exceed $1 for each

21 option; facilities incident to such public recreational uses

22 on conservation areas as are consistent with their primary

23 purpose; and the maintenance and improvement of aquaria,

24 buildings, and other facilities under the jurisdiction of the

25 Service and to which the United States has title, and which

26 are used pursuant to law in connection with management,
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1 and investigation of fish and wildlife resources: Provided,

2 That notwithstanding 44 U.S.C. 501, the Service may,

3 under cooperative cost sharing and partnership arrange4 ments authorized by law, procure printing services from co5 operators in connection with jointly produced publications

6 for which the cooperators share at least one-half the cost

7 of printing either in cash or services and the Service deter8 mines the cooperator is capable of meeting accepted quality

9 standards: Provided further, That, notwithstanding any

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

11 $2,000,000 from funds provided for contracts for employ12 ment-related legal services: Provided further, That the Serv13 ice may accept donated aircraft as replacements for existing

14 aircraft: Provided further, That, notwithstanding any other

15 provision of law, the Secretary of the Interior may not

16 spend any of the funds appropriated in this Act for the

17 purchase of lands or interests in lands to be used in the

18 establishment of any new unit of the National Wildlife Ref19 uge System unless the purchase is approved in advance by

20 the House and Senate Committees on Appropriations in

21 compliance with the reprogramming procedures contained

22 in House Report 108–330.
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1 NATIONAL PARK SERVICE

2 OPERATION OF THE NATIONAL PARK SYSTEM

3 For expenses necessary for the management, operation,

4 and maintenance of areas and facilities administered by

5 the National Park Service (including special road mainte6 nance service to trucking permittees on a reimbursable

7 basis), and for the general administration of the National

8 Park Service, $1,748,486,000, of which $9,892,000 is for

9 planning and interagency coordination in support of Ever10 glades restoration and shall remain available until ex11 pended; of which $98,100,000, to remain available until

12 September 30, 2007, is for maintenance, repair or rehabili13 tation projects for constructed assets, operation of the Na14 tional Park Service automated facility management soft15 ware system, and comprehensive facility condition assess16 ments; and of which $2,500,000 is for the Youth Conserva17 tion Corps for high priority projects: Provided, That the

18 only funds in this account which may be made available

19 to support United States Park Police are those funds ap20 proved for emergency law and order incidents pursuant to

21 established National Park Service procedures, those funds

22 needed to maintain and repair United States Park Police

23 administrative facilities, and those funds necessary to reim24 burse the United States Park Police account for the

25 unbudgeted overtime and travel costs associated with special
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1 events for an amount not to exceed $10,000 per event subject

2 to the review and concurrence of the Washington head3 quarters office.

4 UNITED STATES PARK POLICE

5 For expenses necessary to carry out the programs of

6 the United States Park Police, $80,411,000.

7 NATIONAL RECREATION AND PRESERVATION

8 For expenses necessary to carry out recreation pro9 grams, natural programs, cultural programs, heritage part10 nership programs, environmental compliance and review,

11 international park affairs, statutory or contractual aid for

12 other activities, and grant administration, not otherwise

13 provided for, $56,729,000: Provided, That none of the funds

14 in this Act for the River, Trails and Conservation Assist15 ance program may be used for cash agreements, or for coop16 erative agreements that are inconsistent with the program’s

17 final strategic plan.

18 HISTORIC PRESERVATION FUND

19 For expenses necessary in carrying out the Historic

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

21 the Omnibus Parks and Public Lands Management Act of

22 1996 (Public Law 104–333), $74,500,000, to be derived

23 from the Historic Preservation Fund and to remain avail24 able until September 30, 2007, of which $2,000,000 is for

25 Historically Black Colleges and Universities, of which

26 $30,000,000 shall be for Save America’s Treasures for pres-
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1 ervation of nationally significant sites, structures, and arti2 facts: Provided, That not to exceed $7,500,000 of the amount

3 provided for Save America’s Treasures may be for Preserve

4 America grants to States, Tribes, and local communities for

5 projects that preserve important historic resources through

6 the promotion of heritage tourism: Provided further, That

7 any individual Save America’s Treasures or Preserve

8 America grant shall be matched by non-Federal funds: Pro9 vided further, That individual projects shall only be eligible

10 for one grant: Provided further, That all projects to be fund11 ed shall be approved by the Secretary of the Interior in con12 sultation with the House and Senate Committees on Appro13 priations, and in consultation with the President’s Com14 mittee on the Arts and Humanities prior to the commit15 ment of Save America’s Treasures grant funds and with

16 the Advisory Council on Historic Preservation prior to the

17 commitment of Preserve America grant funds: Provided fur18 ther, That Save America’s Treasures funds allocated for

19 Federal projects, following approval, shall be available by

20 transfer to appropriate accounts of individual agencies.

21 CONSTRUCTION

22 (INCLUDING TRANSFER OF FUNDS)

23 For construction, improvements, repair or replacement

24 of physical facilities, including the modifications authorized

25 by section 104 of the Everglades National Park Protection

26 and Expansion Act of 1989, $316,201,000, to remain avail-
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HR 2361 EAS

1 able until expended, of which $17,000,000 for modified

2 water deliveries to Everglades National Park shall be de3 rived by transfer from unobligated balances in the ‘‘Land

4 Acquisition and State Assistance’’ account for Everglades

5 National Park land acquisitions, and of which $500,000 for

6 the Mark Twain Boyhood Home National Historic Land7 mark shall be derived from the Historic Preservation Fund

8 pursuant to 16 U.S.C. 470a: Provided, That none of the

9 funds available to the National Park Service may be used

10 to plan, design, or construct any partnership project with

11 a total value in excess of $5,000,000, without advance ap12 proval of the House and Senate Committees on Appropria13 tions: Provided further, That notwithstanding any other

14 provision of law, the National Park Service may not accept

15 donations or services associated with the planning, design,

16 or construction of such new facilities without advance ap17 proval of the House and Senate Committees on Appropria18 tions: Provided further, That funds provided under this

19 heading for implementation of modified water deliveries to

20 Everglades National Park shall be expended consistent with

21 the requirements of the fifth proviso under this heading in

22 Public Law 108–108: Provided further, That hereinafter

23 notwithstanding any other provision of law, procurements

24 for the Mount Rainier National Park Jackson Visitor Cen25 ter replacement and the rehabilitation of Paradise Inn and
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HR 2361 EAS

1 Annex may be issued which include the full scope of the

2 facility: Provided further, That the solicitation and contract

3 shall contain the clause ‘‘availability of funds’’ found at

4 48 CFR 52.232.18: Provided further, That none of the funds

5 provided in this or any other Act may be used for planning,

6 design, or construction of any underground security screen7 ing or visitor contact facility at the Washington Monument

8 until such facility has been approved in writing by the

9 House and Senate Committees on Appropriations.

10 LAND AND WATER CONSERVATION FUND

11 (RESCISSION)

12 The contract authority provided for fiscal year 2006

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

14 LAND ACQUISITION AND STATE ASSISTANCE

15 For expenses necessary to carry out the Land and

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

17 460l–4 through 11), including administrative expenses, and

18 for acquisition of lands or waters, or interest therein, in

19 accordance with the statutory authority applicable to the

20 National Park Service, $86,005,000, to be derived from the

21 Land and Water Conservation Fund and to remain avail22 able until expended, of which $30,000,000 is for the State

23 assistance program including $1,587,000 for program ad24 ministration: Provided, That none of the funds provided for

25 the State assistance program may be used to establish a

26 contingency fund.
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HR 2361 EAS

1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the National Park Service shall be

3 available for the purchase of not to exceed 245 passenger

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

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

6 and 8 ambulances: Provided, That none of the funds appro7 priated to the National Park Service may be used to imple8 ment an agreement for the redevelopment of the southern

9 end of Ellis Island until such agreement has been submitted

10 to the Congress and shall not be implemented prior to the

11 expiration of 30 calendar days (not including any day in

12 which either House of Congress is not in session because

13 of adjournment of more than 3 calendar days to a day cer14 tain) from the receipt by the Speaker of the House of Rep15 resentatives and the President of the Senate of a full and

16 comprehensive report on the development of the southern

17 end of Ellis Island, including the facts and circumstances

18 relied upon in support of the proposed project: Provided fur19 ther, That in fiscal year 2006 and thereafter, appropria20 tions available to the National Park Service may be used

21 to maintain the following areas in Washington, District of

22 Columbia: Jackson Place, Madison Place, and Pennsyl23 vania Avenue between 15th and 17th Streets, Northwest.
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HR 2361 EAS

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 EAS

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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HR 2361 EAS

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 from the amount provided for

13 the biological research activity, $200,000 may be made

14 available to the University of Missouri-Columbia to estab15 lish a wetland ecology center of excellence: Provided further,

16 That none of the funds provided for the biological research

17 activity shall be used to conduct new surveys on private

18 property, unless specifically authorized in writing by the

19 property owner: Provided further, That no part of this ap20 propriation shall be used to pay more than one-half the cost

21 of topographic mapping or water resources data collection

22 and investigations carried on in cooperation with States

23 and municipalities.

24 ADMINISTRATIVE PROVISIONS

25 From within the amount appropriated for activities

26 of the United States Geological Survey such sums as are
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HR 2361 EAS

1 necessary shall be available for the purchase and replace2 ment of passenger motor vehicles; reimbursement to the

3 General Services Administration for security guard serv4 ices; contracting for the furnishing of topographic maps and

5 for the making of geophysical or other specialized surveys

6 when it is administratively determined that such proce7 dures are in the public interest; construction and mainte8 nance of necessary buildings and appurtenant facilities; ac9 quisition of lands for gauging stations and observation

10 wells; expenses of the United States National Committee on

11 Geology; and payment of compensation and expenses of per12 sons on the rolls of the Survey duly appointed to represent

13 the United States in the negotiation and administration

14 of interstate compacts: Provided, That activities funded by

15 appropriations herein made may be accomplished through

16 the use of contracts, grants, or cooperative agreements as

17 defined in 31 U.S.C. 6302 et seq.: Provided further, That

18 the United States Geological Survey may enter into con19 tracts or cooperative agreements directly with individuals

20 or indirectly with institutions or nonprofit organizations,

21 without regard to 41 U.S.C. 5, for the temporary or inter22 mittent services of students or recent graduates, who shall

23 be considered employees for the purpose of chapters 57 and

24 81 of title 5, United States Code, relating to compensation

25 for travel and work injuries, and chapter 171 of title 28,
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HR 2361 EAS

1 United States Code, relating to tort claims, but shall not

2 be considered to be Federal employees for any other pur3 poses.

4 MINERALS MANAGEMENT SERVICE

5 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

6 For expenses necessary for minerals leasing and envi7 ronmental studies, regulation of industry operations, and

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

9 laws and regulations applicable to oil, gas, and other min10 erals leases, permits, licenses and operating contracts; and

11 for matching grants or cooperative agreements; including

12 the purchase of not to exceed eight passenger motor vehicles

13 for replacement only, $152,516,000, of which $78,529,000

14 shall be available for royalty management activities; and

15 an amount not to exceed $122,730,000, to be credited to this

16 appropriation and to remain available until expended,

17 from additions to receipts resulting from increases to rates

18 in effect on August 5, 1993, from rate increases to fee collec19 tions for Outer Continental Shelf administrative activities

20 performed by the Minerals Management Service (MMS)

21 over and above the rates in effect on September 30, 1993,

22 and from additional fees for Outer Continental Shelf ad23 ministrative activities established after September 30, 1993:

24 Provided, That to the extent $122,730,000 in additions to

25 receipts are not realized from the sources of receipts stated
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HR 2361 EAS

1 above, the amount needed to reach $122,730,000 shall be

2 credited to this appropriation from receipts resulting from

3 rental rates for Outer Continental Shelf leases in effect be4 fore August 5, 1993: Provided further, That $3,000,000 for

5 computer acquisitions shall remain available until Sep6 tember 30, 2007: Provided further, That not to exceed

7 $3,000 shall be available for reasonable expenses related to

8 promoting volunteer beach and marine cleanup activities:

9 Provided further, That notwithstanding any other provision

10 of law, $15,000 under this heading shall be available for

11 refunds of overpayments in connection with certain Indian

12 leases in which the Director of MMS concurred with the

13 claimed refund due, to pay amounts owed to Indian

14 allottees or tribes, or to correct prior unrecoverable erro15 neous payments: Provided further, That in fiscal year 2006

16 and thereafter, MMS may under the royalty-in-kind pro17 gram, or under its authority to transfer oil to the Strategic

18 Petroleum Reserve, use a portion of the revenues from roy19 alty-in-kind sales, without regard to fiscal year limitation,

20 to pay for transportation to wholesale market centers or up21 stream pooling points, to process or otherwise dispose of

22 royalty production taken in kind, and to recover MMS

23 transportation costs, salaries, and other administrative

24 costs directly related to the royalty-in-kind program: Pro25 vided further, That MMS shall analyze and document the
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HR 2361 EAS

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

2 assure to the maximum extent practicable that royalty in3 come under the program is equal to or greater than royalty

4 income recognized under a comparable royalty-in-value

5 program.

6 OIL SPILL RESEARCH

7 For necessary expenses to carry out title I, section

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

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

10 $7,006,000, which shall be derived from the Oil Spill Liabil11 ity Trust Fund, to remain available until expended.

12 OFFICE OF SURFACE MINING RECLAMATION AND

13 ENFORCEMENT

14 REGULATION AND TECHNOLOGY

15 For necessary expenses to carry out the provisions of

16 the Surface Mining Control and Reclamation Act of 1977,

17 Public Law 95–87, as amended, including the purchase of

18 not to exceed 10 passenger motor vehicles, for replacement

19 only; $110,435,000: Provided, That the Secretary of the In20 terior, pursuant to regulations, may use directly or through

21 grants to States, moneys collected in fiscal year 2006 for

22 civil penalties assessed under section 518 of the Surface

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

24 1268), to reclaim lands adversely affected by coal mining

25 practices after August 3, 1977, to remain available until

26 expended: Provided further, That appropriations for the Of-
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HR 2361 EAS

1 fice of Surface Mining Reclamation and Enforcement may

2 provide for the travel and per diem expenses of State and

3 tribal personnel attending Office of Surface Mining Rec4 lamation and Enforcement sponsored training.

5 ABANDONED MINE RECLAMATION FUND

6 For necessary expenses to carry out title IV of the Sur7 face Mining Control and Reclamation Act of 1977, Public

8 Law 95–87, as amended, including the purchase of not more

9 than 10 passenger motor vehicles for replacement only,

10 $188,014,000, to be derived from receipts of the Abandoned

11 Mine Reclamation Fund and to remain available until ex12 pended; of which up to $10,000,000, to be derived from the

13 Federal Expenses Share of the Fund, shall be for supple14 mental grants to States for the reclamation of abandoned

15 sites with acid mine rock drainage from coal mines, and

16 for associated activities, through the Appalachian Clean

17 Streams Initiative: Provided, That grants to minimum pro18 gram States will be $1,500,000 per State in fiscal year

19 2006: Provided further, That pursuant to Public Law 97–

20 365, the Department of the Interior is authorized to use up

21 to 20 percent from the recovery of the delinquent debt owed

22 to the United States Government to pay for contracts to

23 collect these debts: Provided further, That funds made avail24 able under title IV of Public Law 95–87 may be used for

25 any required non-Federal share of the cost of projects funded

26 by the Federal Government for the purpose of environ-
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HR 2361 EAS

1 mental restoration related to treatment or abatement of acid

2 mine drainage from abandoned mines: Provided further,

3 That such projects must be consistent with the purposes and

4 priorities of the Surface Mining Control and Reclamation

5 Act: Provided further, That the State of Maryland may set

6 aside the greater of $1,000,000 or 10 percent of the total

7 of the grants made available to the State under title IV of

8 the Surface Mining Control and Reclamation Act of 1977,

9 as amended (30 U.S.C. 1231 et seq.), if the amount set aside

10 is deposited in an acid mine drainage abatement and treat11 ment fund established under a State law, pursuant to which

12 law the amount (together with all interest earned on the

13 amount) is expended by the State to undertake acid mine

14 drainage abatement and treatment projects, except that be15 fore any amounts greater than 10 percent of its title IV

16 grants are deposited in an acid mine drainage abatement

17 and treatment fund, the State of Maryland must first com18 plete all Surface Mining Control and Reclamation Act pri19 ority one projects: Provided further, That amounts provided

20 under this heading may be used for the travel and per diem

21 expenses of State and tribal personnel attending Office of

22 Surface Mining Reclamation and Enforcement sponsored

23 training.
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HR 2361 EAS

1 ADMINISTRATIVE PROVISION

2 With funds available for the Technical Innovation and

3 Professional Services program in this Act, the Secretary

4 may transfer title for computer hardware, software and

5 other technical equipment to State and Tribal regulatory

6 and reclamation programs.

7 BUREAU OF INDIAN AFFAIRS

8 OPERATION OF INDIAN PROGRAMS

9 For expenses necessary for the operation of Indian pro10 grams, as authorized by law, including the Snyder Act of

11 November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter12 mination and Education Assistance Act of 1975 (25 U.S.C.

13 450 et seq.), as amended, the Education Amendments of

14 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled

15 Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended,

16 $1,971,132,000, to remain available until September 30,

17 2007 except as otherwise provided herein, of which not to

18 exceed $86,462,000 shall be for welfare assistance payments

19 and notwithstanding any other provision of law, including

20 but not limited to the Indian Self-Determination Act of

21 1975, as amended, not to exceed $134,609,000 shall be

22 available for payments to tribes and tribal organizations

23 for contract support costs associated with ongoing contracts,

24 grants, compacts, or annual funding agreements entered

25 into with the Bureau prior to or during fiscal year 2006,
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HR 2361 EAS

1 as authorized by such Act, except that tribes and tribal or2 ganizations may use their tribal priority allocations for

3 unmet indirect contract support costs of ongoing contracts,

4 grants, or compacts, or annual funding agreements and for

5 unmet welfare assistance costs; and of which not to exceed

6 $454,725,000 for school operations costs of Bureau-funded

7 schools and other education programs shall become available

8 on July 1, 2006, and shall remain available until Sep9 tember 30, 2007; and of which not to exceed $61,667,000

10 shall remain available until expended for housing improve11 ment, road maintenance, attorney fees, litigation support,

12 the Indian Self-Determination Fund, land records improve13 ment, and the Navajo-Hopi Settlement Program: Provided,

14 That notwithstanding any other provision of law, including

15 but not limited to the Indian Self-Determination Act of

16 1975, as amended, and 25 U.S.C. 2008, not to exceed

17 $44,718,000 within and only from such amounts made

18 available for school operations shall be available to tribes

19 and tribal organizations for administrative cost grants as20 sociated with ongoing grants entered into with the Bureau

21 prior to or during fiscal year 2005 for the operation of Bu22 reau-funded schools, and up to $500,000 within and only

23 from such amounts made available for school operations

24 shall be available for the transitional costs of initial admin25 istrative cost grants to tribes and tribal organizations that
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HR 2361 EAS

1 enter into grants for the operation on or after July 1, 2005,

2 of Bureau-operated schools: Provided further, That any for3 estry funds allocated to a tribe which remain unobligated

4 as of September 30, 2007, may be transferred during fiscal

5 year 2008 to an Indian forest land assistance account estab6 lished for the benefit of such tribe within the tribe’s trust

7 fund account: Provided further, That any such unobligated

8 balances 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 engineering

14 services by contract; acquisition of lands, and interests in

15 lands; and preparation of lands for farming, and for con16 struction of the Navajo Indian Irrigation Project pursuant

17 to Public Law 87–483, $267,137,000, to remain available

18 until expended: Provided, That such amounts as may be

19 available for the construction of the Navajo Indian Irriga20 tion Project may be transferred to the Bureau of Reclama21 tion: Provided further, That not to exceed 6 percent of con22 tract authority available to the Bureau of Indian Affairs

23 from the Federal Highway Trust Fund may be used to cover

24 the road program management costs of the Bureau: Pro25 vided further, That any funds provided for the Safety of

26 Dams program pursuant to 25 U.S.C. 13 shall be made
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HR 2361 EAS

1 available on a nonreimbursable basis: Provided further,

2 That for fiscal year 2006, in implementing new construc3 tion or facilities improvement and repair project grants in

4 excess of $100,000 that are provided to tribally controlled

5 grant schools under Public Law 100–297, as amended, the

6 Secretary of the Interior shall use the Administrative and

7 Audit Requirements and Cost Principles for Assistance Pro8 grams contained in 43 CFR part 12 as the regulatory re9 quirements: Provided further, That such grants shall not

10 be subject to section 12.61 of 43 CFR; the Secretary and

11 the grantee shall negotiate and determine a schedule of pay12 ments for the work to be performed: Provided further, That

13 in considering applications, the Secretary shall consider

14 whether the Indian tribe or tribal organization would be

15 deficient in assuring that the construction projects conform

16 to applicable building standards and codes and Federal,

17 tribal, or State health and safety standards as required by

18 25 U.S.C. 2005(b), with respect to organizational and fi19 nancial management capabilities: Provided further, That if

20 the Secretary declines an application, the Secretary shall

21 follow the requirements contained in 25 U.S.C. 2504(f):

22 Provided further, That any disputes between the Secretary

23 and any grantee concerning a grant shall be subject to the

24 disputes provision in 25 U.S.C. 2507(e): Provided further,

25 That in order to ensure timely completion of replacement
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HR 2361 EAS

1 school construction projects, the Secretary may assume con2 trol of a project and all funds related to the project, if, with3 in eighteen months of the date of enactment of this Act, any

4 tribe or tribal organization receiving funds appropriated

5 in this Act or in any prior Act, has not completed the plan6 ning and design phase of the project and commenced con7 struction of the replacement school: Provided further, That

8 this Appropriation may be reimbursed from the Office of

9 the Special Trustee for American Indians Appropriation

10 for the appropriate share of construction costs for space ex11 pansion needed in agency offices to meet trust reform imple12 mentation.

13 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

14 MISCELLANEOUS PAYMENTS TO INDIANS

15 For miscellaneous payments to Indian tribes and indi16 viduals and for necessary administrative expenses,

17 $24,754,000, to remain available until expended, for imple18 mentation of Indian land and water claim settlements pur19 suant to Public Laws 99–264, 100–580, 101–618, 106–554,

20 107–331, and 108–34, and for implementation of other land

21 and water rights settlements.

22 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

23 For the cost of guaranteed and insured loans,

24 $6,348,000, of which $701,000 is for administrative ex25 penses, as authorized by the Indian Financing Act of 1974,

26 as amended: Provided, That such costs, including the cost
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HR 2361 EAS

1 of modifying such loans, shall be as defined in section 502

2 of the Congressional Budget Act of 1974: Provided further,

3 That these funds are available to subsidize total loan prin4 cipal, any part of which is to be guaranteed, not to exceed

5 $118,884,000.

6 ADMINISTRATIVE PROVISIONS

7 The Bureau of Indian Affairs may carry out the oper8 ation of Indian programs by direct expenditure, contracts,

9 cooperative agreements, compacts and grants, either di10 rectly or in cooperation with States and other organiza11 tions.

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

13 Affairs may contract for services in support of the manage14 ment, operation, and maintenance of the Power Division

15 of the San Carlos Irrigation Project.

16 Appropriations for the Bureau of Indian Affairs (ex17 cept the revolving fund for loans, the Indian loan guarantee

18 and insurance fund, and the Indian Guaranteed Loan Pro19 gram account) shall be available for expenses of exhibits,

20 and purchase of not to exceed 229 passenger motor vehicles,

21 of which not to exceed 187 shall be for replacement only.

22 Notwithstanding any other provision of law, no funds

23 available to the Bureau of Indian Affairs for central office

24 operations or pooled overhead general administration (ex25 cept facilities operations and maintenance) shall be avail26 able for tribal contracts, grants, compacts, or cooperative
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HR 2361 EAS

1 agreements with the Bureau of Indian Affairs under the

2 provisions of the Indian Self-Determination Act or the

3 Tribal Self-Governance Act of 1994 (Public Law 103–413).

4 In the event any tribe returns appropriations made

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

6 distribution to other tribes, this action shall not diminish

7 the Federal Government’s trust responsibility to that tribe,

8 or the government-to-government relationship between the

9 United States and that tribe, or that tribe’s ability to access

10 future appropriations.

11 Notwithstanding any other provision of law, no funds

12 available to the Bureau, other than the amounts provided

13 herein for assistance to public schools under 25 U.S.C. 452

14 et seq., shall be available to support the operation of any

15 elementary or secondary school in the State of Alaska.

16 Appropriations made available in this or any other

17 Act for schools funded by the Bureau shall be available only

18 to the schools in the Bureau school system as of September

19 1, 1996. No funds available to the Bureau shall be used to

20 support expanded grades for any school or dormitory be21 yond the grade structure in place or approved by the Sec22 retary of the Interior at each school in the Bureau school

23 system as of October 1, 1995. Funds made available under

24 this Act may not be used to establish a charter school at

25 a Bureau-funded school (as that term is defined in section
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HR 2361 EAS

1 1146 of the Education Amendments of 1978 (25 U.S.C.

2 2026)), except that a charter school that is in existence on

3 the date of the enactment of this Act and that has operated

4 at a Bureau-funded school before September 1, 1999, may

5 continue to operate during that period, but only if the char6 ter school pays to the Bureau a pro rata share of funds

7 to reimburse the Bureau for the use of the real and personal

8 property (including buses and vans), the funds of the char9 ter school are kept separate and apart from Bureau funds,

10 and the Bureau does not assume any obligation for charter

11 school programs of the State in which the school is located

12 if the charter school loses such funding. Employees of Bu13 reau-funded schools sharing a campus with a charter school

14 and performing functions related to the charter school’s op15 eration and employees of a charter school shall not be treat16 ed as Federal employees for purposes of chapter 171 of title

17 28, United States Code.

18 Notwithstanding any other provision of law, including

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

20 113, if a tribe or tribal organization in fiscal year 2003

21 or 2004 received indirect and administrative costs pursuant

22 to a distribution formula based on section 5(f) of Public

23 Law 101–301, the Secretary shall continue to distribute in24 direct and administrative cost funds to such tribe or tribal

25 organization using the section 5(f) distribution formula.
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HR 2361 EAS

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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HR 2361 EAS

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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HR 2361 EAS

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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HR 2361 EAS

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 $12,000,000 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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HR 2361 EAS

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. (a)(1) For fiscal year 2006 and each suc21 ceeding fiscal year, any funds made available by this Act

22 for the Southwest Indian Polytechnic Institute and Haskell

23 Indian Nations University for postsecondary programs of

24 the Bureau of Indian Affairs in excess of the amount made

25 available for those postsecondary programs for fiscal year
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1 2005 shall be allocated in direct proportion to the need of

2 the schools, as determined in accordance with the postsec3 ondary funding formula adopted by the Office of Indian

4 Education Programs.

5 (2) For fiscal year 2007 and each succeeding fis6 cal year, the Bureau of Indian Affairs shall use the

7 postsecondary funding formula adopted by the Office

8 of Indian Education Programs based on the needs of

9 the Southwest Indian Polytechnic Institute and Has10 kell Indian Nations University to justify the amounts

11 submitted as part of the budget request of the Depart12 ment of the Interior.

13 SEC. 111. Notwithstanding any other provision of law,

14 in conveying the Twin Cities Research Center under the au15 thority provided by Public Law 104–134, as amended by

16 Public Law 104–208, the Secretary may accept and retain

17 land and other forms of reimbursement: Provided, That the

18 Secretary may retain and use any such reimbursement

19 until expended and without further appropriation: (1) for

20 the benefit of the National Wildlife Refuge System within

21 the State of Minnesota; and (2) for all activities authorized

22 by Public Law 100–696; 16 U.S.C. 460zz.

23 SEC. 112. The Secretary of the Interior may use or

24 contract for the use of helicopters or motor vehicles on the

25 Sheldon and Hart National Wildlife Refuges for the purpose
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1 of capturing and transporting horses and burros. The provi2 sions of subsection (a) of the Act of September 8, 1959 (18

3 U.S.C. 47(a)) shall not be applicable to such use. Such use

4 shall be in accordance with humane procedures prescribed

5 by the Secretary.

6 SEC. 113. Funds provided in this Act for Federal land

7 acquisition by the National Park Service for Shenandoah

8 Valley Battlefields National Historic District and Ice Age

9 National Scenic Trail may be used for a grant to a State,

10 a local government, or any other land management entity

11 for the acquisition of lands without regard to any restric12 tion on the use of Federal land acquisition funds provided

13 through the Land and Water Conservation Fund Act of

14 1965 as amended.

15 SEC. 114. None of the funds made available by this

16 Act may be obligated or expended by the National Park

17 Service to enter into or implement a concession contract

18 which permits or requires the removal of the underground

19 lunchroom at the Carlsbad Caverns National Park.

20 SEC. 115. None of the funds in this or any other Act

21 can be used to compensate the Special Master and the Spe22 cial Master-Monitor, and all variations thereto, appointed

23 by the United States District Court for the District of Co24 lumbia in the Cobell v. Norton litigation at an annual rate

25 that exceeds 200 percent of the highest Senior Executive
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1 Service rate of pay for the Washington-Baltimore locality

2 pay area.

3 SEC. 116. The Secretary of the Interior may use discre4 tionary funds to pay private attorneys fees and costs for

5 employees and former employees of the Department of the

6 Interior reasonably incurred in connection with Cobell v.

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

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

9 no case shall the Secretary make payments under this sec10 tion that would result in payment of hourly fees in excess

11 of the highest hourly rate approved by the District Court

12 for the District of Columbia for counsel in Cobell v. Norton.

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

14 of the Department of the Interior and Related Agencies Ap15 propriations Act, 2002 (115 Stat. 443) affects the decision

16 of the United States Court of Appeals for the 10th Circuit

17 in Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).

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

19 section permits the conduct of gaming under the Indian

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

21 described in section 123 of the Department of the Interior

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

23 944), or land that is contiguous to that land, regardless of

24 whether the land or contiguous land has been taken into

25 trust by the Secretary of the Interior.
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1 SEC. 118. No funds appropriated for the Department

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

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

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

5 levels required for the operation of the Glen Canyon Dam.

6 SEC. 119. Notwithstanding the limitation in subpara7 graph (2)(B) of section 18(a) of the Indian Gaming Regu8 latory Act (25 U.S.C. 2717(a)), the total amount of all fees

9 imposed by the National Indian Gaming Commission for

10 fiscal year 2007 shall not exceed $12,000,000.

11 SEC. 120. Notwithstanding any implementation of the

12 Department of the Interior’s trust reorganization or re13 engineering plans, or the implementation of the ‘‘To Be’’

14 Model, funds appropriated for fiscal year 2006 shall be

15 available to the tribes within the California Tribal Trust

16 Reform Consortium and to the Salt River Pima-Maricopa

17 Indian Community, the Confederated Salish and Kootenai

18 Tribes of the Flathead Reservation and the Chippewa Cree

19 Tribe of the Rocky Boys Reservation through the same

20 methodology as funds were distributed in fiscal year 2003.

21 This Demonstration Project shall continue to operate sepa22 rate and apart from the Department of the Interior’s trust

23 reform and reorganization and the Department shall not

24 impose its trust management infrastructure upon or alter

25 the existing trust resource management systems of the above
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1 referenced tribes having a self-governance compact and op2 erating in accordance with the Tribal Self-Governance Pro3 gram set forth in 25 U.S.C. 458aa–458hh: Provided, That

4 the California Trust Reform Consortium and any other

5 participating tribe agree to carry out their responsibilities

6 under the same written and implemented fiduciary stand7 ards as those being carried by the Secretary of the Interior:

8 Provided further, That they demonstrate to the satisfaction

9 of the Secretary that they have the capability to do so: Pro10 vided further, That the Department shall provide funds to

11 the tribes in an amount equal to that required by 25 U.S.C.

12 458cc(g)(3), including funds specifically or functionally re13 lated to the provision of trust services to the tribes or their

14 members.

15 SEC. 121. Notwithstanding any provision of law, in16 cluding 42 U.S.C. 4321 et. seq., nonrenewable grazing per17 mits authorized in the Jarbidge Field Office, Bureau of

18 Land Management within the past 9 years, shall be re19 newed. The Animal Unit Months contained in the most re20 cently expired nonrenewable grazing permit, authorized be21 tween March 1, 1997, and February 28, 2003, shall con22 tinue in effect under the renewed permit. Nothing in this

23 section shall be deemed to extend the nonrenewable permits

24 beyond the standard 1-year term.
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1 SEC. 122. Notwithstanding any other provision of law,

2 the Secretary of the Interior is authorized to acquire lands,

3 waters, or interests therein including the use of all or part

4 of any pier, dock, or landing within the State of New York

5 and the State of New Jersey, for the purpose of operating

6 and maintaining facilities in the support of transportation

7 and accommodation of visitors to Ellis, Governors, and Lib8 erty Islands, and of other program and administrative ac9 tivities, by donation or with appropriated funds, including

10 franchise fees (and other monetary consideration), or by ex11 change; and the Secretary is authorized to negotiate and

12 enter into leases, subleases, concession contracts or other

13 agreements for the use of such facilities on such terms and

14 conditions as the Secretary may determine reasonable.

15 SEC. 123. Notwithstanding any other provision of law,

16 the National Park Service final winter use rules published

17 in Part VII of the Federal Register for November 10, 2004,

18 69 Fed. Reg. 65348 et seq., shall be in force and effect for

19 the winter use season of 2005–2006 that commences on or

20 about December 15, 2005.

21 SEC. 124. Section 1121(d) of the Education Amend22 ments of 1978 (25 U.S.C. 2001(d)) is amended by striking

23 paragraph (7) and inserting the following:

24 ‘‘(7) APPROVAL OF INDIAN TRIBES.—The Sec25 retary shall not terminate, close, consolidate, contract,
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1 transfer to another authority, or take any other ac2 tion relating to an elementary school or secondary

3 school (or any program of such a school) of an Indian

4 tribe without the approval of the governing body of

5 any Indian tribe that would be affected by such an

6 action.’’.

7 SEC. 125. (a) U.S.S. ARIZONA MEMORIAL PARKING

8 FEE.—Notwithstanding any other provision of law, the

9 Secretary of the Interior is authorized to charge a fee for

10 visitor parking at the U.S.S. Arizona Memorial and to re11 tain and expend the revenues, without further appropria12 tion, for the lease of administrative facilities within or near

13 the area at the memorial administered by the National

14 Park Service.

15 (b) AUTHORITY FOR AGREEMENTS.—The Secretary of

16 the Interior is further authorized to enter into agreements

17 with public and private entities for the purpose of stream18 lining visitor services by providing visitor information and

19 admission tickets for National Park Service-administered

20 sites and other attractions in the vicinity, including but

21 not limited to the U.S.S. Missouri, the Pacific Air Museum

22 of Pearl Harbor, and the U.S.S. Bowfin submarine mu23 seum.

24 SEC. 126. Section 108(e) of the Act entitled ‘‘An Act

25 to establish the Kalaupapa National Historical Park in the
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1 State of Hawaii, and for other purposes’’ (16 U.S.C. 410jj–

2 7) is amended by striking ‘‘twenty-five years from’’ and in3 serting ‘‘on the date that is 45 years after’’.

4 SEC. 127. Section 402(b) of the Surface Mining Con5 trol and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is

6 amended by striking ‘‘September 30, 2005,’’ and inserting

7 ‘‘June 30, 2006,’’.

8 SEC. 128. (a) For necessary expenses for the Memorial

9 to Martin Luther King, Jr., there is hereby made available

10 to the Secretary of the Interior $10,000,000, to remain

11 available until expended, for activities authorized by section

12 508 of the Omnibus Parks and Public Lands Management

13 Act of 1996 (40 U.S.C. 8903 note; Public Law 104–333).

14 (b) Section 508(c) of the Omnibus Parks and Public

15 Lands Management Act of 1996 (40 U.S.C. 8903 note; Pub16 lic Law 104–333) is amended by striking the second sen17 tence.

18 (c) Notwithstanding any other provision of this Act,

19 the amount reduced in title I in the second proviso under

20 the heading Departmental Management, Salaries and Ex21 penses, is further reduced by $10,000,000.
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1 TITLE II—ENVIRONMENTAL PROTECTION

2 AGENCY

3 SCIENCE AND TECHNOLOGY

4 For science and technology, including research and de5 velopment activities, which shall include research and devel6 opment activities under the Comprehensive Environmental

7 Response, Compensation, and Liability Act of 1980, as

8 amended; necessary expenses for personnel and related costs

9 and travel expenses, including uniforms, or allowances

10 therefor, as authorized by 5 U.S.C. 5901–5902; services as

11 authorized by 5 U.S.C. 3109, but at rates for individuals

12 not to exceed the per diem rate equivalent to the maximum

13 rate payable for senior level positions under 5 U.S.C. 5376;

14 procurement of laboratory equipment and supplies; other

15 operating expenses in support of research and development;

16 construction, alteration, repair, rehabilitation, and renova17 tion of facilities, not to exceed $85,000 per project,

18 $730,795,000, to remain available until September 30,

19 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 U.S.C.

25 5901–5902; services as authorized by 5 U.S.C. 3109, but
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1 at rates for individuals not to exceed the per diem rate

2 equivalent to the maximum rate payable for senior level po3 sitions under 5 U.S.C. 5376; hire of passenger motor vehi4 cles; hire, maintenance, and operation of aircraft; purchase

5 of reprints; library memberships in societies or associations

6 which issue publications to members only or at a price to

7 members lower than to subscribers who are not members;

8 construction, alteration, repair, rehabilitation, and renova9 tion of facilities, not to exceed $85,000 per project; and not

10 to exceed $9,000 for official reception and representation

11 expenses, $2,333,416,000, to remain available until Sep12 tember 30, 2007, including administrative costs of the

13 brownfields program under the Small Business Liability

14 Relief and Brownfields Revitalization Act of 2002.

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector Gen17 eral in carrying out the provisions of the Inspector General

18 Act of 1978, as amended, and for construction, alteration,

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

20 exceed $85,000 per project, $36,955,000, to remain available

21 until September 30, 2007.

22 BUILDINGS AND FACILITIES

23 For construction, repair, improvement, extension, al24 teration, and purchase of fixed equipment or facilities of,
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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 Comprehensive

6 Environmental Response, Compensation, and Liability Act

7 of 1980 (CERCLA), as amended, including sections

8 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and

9 for construction, alteration, repair, rehabilitation, and ren10 ovation of facilities, not to exceed $85,000 per project;

11 $1,256,165,000, to remain available until expended, con12 sisting of such sums as are available in the Trust Fund

13 upon the date of enactment of this Act as authorized by

14 section 517(a) of the Superfund Amendments and Reau15 thorization Act of 1986 (SARA) and up to $1,256,165,000

16 as a payment from general revenues to the Hazardous Sub17 stance Superfund for purposes as authorized by section

18 517(b) of SARA, as amended: Provided, That funds appro19 priated under this heading may be allocated to other Fed20 eral agencies in accordance with section 111(a) of

21 CERCLA: Provided further, That of the funds appropriated

22 under this heading, $13,536,000 shall be transferred to the

23 ‘‘Office of Inspector General’’ appropriation to remain

24 available until September 30, 2007, and $30,606,000 shall
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1 be transferred to the ‘‘Science and Technology’’ appropria2 tion to remain available until September 30, 2007.

3 LEAKING UNDERGROUND STORAGE TANK PROGRAM

4 For necessary expenses to carry out leaking under5 ground storage tank cleanup activities authorized by section

6 205 of the Superfund Amendments and Reauthorization Act

7 of 1986, and for construction, alteration, repair, rehabilita8 tion, and renovation of facilities, not to exceed $85,000 per

9 project, $73,027,000, to remain available until expended.

10 OIL SPILL RESPONSE

11 For expenses necessary to carry out the Environmental

12 Protection Agency’s responsibilities under the Oil Pollution

13 Act of 1990, $15,863,000, to be derived from the Oil Spill

14 Liability trust fund, to remain available until expended.

15 STATE AND TRIBAL ASSISTANCE GRANTS

16 (INCLUDING RESCISSION OF FUNDS)

17 For environmental programs and infrastructure as18 sistance, including capitalization grants for State revolving

19 funds and performance partnership grants, $3,453,550,000,

20 to remain available until expended, of which

21 $1,100,000,000 shall be for making capitalization grants for

22 the Clean Water State Revolving Funds under title VI of

23 the Federal Water Pollution Control Act, as amended (the

24 ‘‘Act’’); $850,000,000 shall be for capitalization grants for

25 the Drinking Water State Revolving Funds under section
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1 1452 of the Safe Drinking Water Act, as amended, except

2 that, notwithstanding section 1452(n) of the Safe Drinking

3 Water Act, as amended, none of the funds made available

4 under this heading in this Act, or in previous appropria5 tions Acts, shall be reserved by the Administrator for health

6 effects studies on drinking water contaminants; $50,000,000

7 shall be for architectural, engineering, planning, design,

8 construction and related activities in connection with the

9 construction of high priority water and wastewater facili10 ties in the area of the United States-Mexico Border, after

11 consultation with the appropriate border commission;

12 $40,000,000 shall be for grants to the State of Alaska to

13 address drinking water and waste infrastructure needs of

14 rural and Alaska Native Villages: Provided, That, of these

15 funds: (1) the State of Alaska shall provide a match of 25

16 percent; (2) no more than 5 percent of the funds may be

17 used for administrative and overhead expenses; and (3) not

18 later than October 1, 2005 the State of Alaska shall make

19 awards consistent with the State-wide priority list estab20 lished in 2004 for all water, sewer, waste disposal, and

21 similar projects carried out by the State of Alaska that are

22 funded under section 221 of the Federal Water Pollution

23 Control Act (33 U.S.C. 1301) or the Consolidated Farm and

24 Rural Development Act (7 U.S.C. 1921 et seq.) which shall

25 allocate not less than 25 percent of the funds provided for
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1 projects in regional hub communities; $200,000,000 shall

2 be for making grants for the construction of drinking water,

3 wastewater and storm water infrastructure and for water

4 quality protection in accordance with the terms and condi5 tions specified for such grants in the joint explanatory

6 statement of the managers accompanying this Act, and, for

7 purposes of these grants, each grantee shall contribute not

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

9 grantee is approved for a waiver by the Agency;

10 $90,000,000 shall be to carry out section 104(k) of the Com11 prehensive Environmental Response, Compensation, and

12 Liability Act of 1980 (CERCLA), as amended, including

13 grants, interagency agreements, and associated program

14 support costs, of which $200,000 may be made available

15 for a brownfields assessment of the Fortuna Radar Site;

16 $1,000,000 for cost-shared grants for school bus retrofit and

17 replacement projects that reduce diesel emissions;

18 $1,500,000 may be for the expansion of the wastewater

19 treatment plant in Lake Havasu City, Arizona; $1,000,000

20 may be for the expansion of the wastewater treatment plant

21 in Avondale, Arizona; and $1,122,550,000 shall be for

22 grants, including associated program support costs, to

23 States, federally recognized tribes, interstate agencies, tribal

24 consortia, and air pollution control agencies for multi25 media or single media pollution prevention, control and
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1 abatement and related activities, including activities pursu2 ant to the provisions set forth under this heading in Public

3 Law 104–134, and for making grants under section 103 of

4 the Clean Air Act for particulate matter monitoring and

5 data collection activities subject to terms and conditions

6 specified by the Administrator, of which $50,000,000 shall

7 be for carrying out section 128 of CERCLA, as amended,

8 $19,344,000 shall be for Environmental Information Ex9 change Network grants, including associated program sup10 port costs, and $16,856,000 shall be for making competitive

11 targeted watershed grants: Provided further, That for fiscal

12 year 2006, State authority under section 302(a) of Public

13 Law 104–182 shall remain in effect: Provided further, That

14 notwithstanding section 603(d)(7) of the Federal Water Pol15 lution Control Act, the limitation on the amounts in a State

16 water pollution control revolving fund that may be used by

17 a State to administer the fund shall not apply to amounts

18 included as principal in loans made by such fund in fiscal

19 year 2005 and prior years where such amounts represent

20 costs of administering the fund to the extent that such

21 amounts are or were deemed reasonable by the Adminis22 trator, accounted for separately from other assets in the

23 fund, and used for eligible purposes of the fund, including

24 administration: Provided further, That for fiscal year 2006,

25 and notwithstanding section 518(f) of the Act, the Adminis-
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1 trator is authorized to use the amounts appropriated for

2 any fiscal year under section 319 of that Act to make grants

3 to Indian tribes pursuant to sections 319(h) and 518(e) of

4 that Act: Provided further, That for fiscal year 2006, not5 withstanding the limitation on amounts in section 518(c)

of the Act, up to a total of 11 6 ⁄2 percent of the funds appro7 priated for State Revolving Funds under title VI of that

8 Act may be reserved by the Administrator for grants under

9 section 518(c) of that Act: Provided further, That no funds

10 provided by this legislation to address the water, wastewater

11 and other critical infrastructure needs of the colonias in

12 the United States along the United States-Mexico border

13 shall be made available to a county or municipal govern14 ment unless that government has established an enforceable

15 local ordinance, or other zoning rule, which prevents in that

16 jurisdiction the development or construction of any addi17 tional colonia areas, or the development within an existing

18 colonia the construction of any new home, business, or other

19 structure which lacks water, wastewater, or other necessary

20 infrastructure: Provided further, That, notwithstanding

21 any other provision of law, heretofore and hereafter, after

22 consultation with the House and Senate Committees on Ap23 propriations and for the purpose of making technical cor24 rections, the Administrator is authorized to award grants

25 under this heading to entities and for purposes other than
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1 those listed in the joint explanatory statements of the man2 agers accompanying the Agency’s appropriations Acts for

3 the construction of drinking water, wastewater and

4 stormwater infrastructure and for water quality protection:

5 Provided further, That from unobligated prior year funds

6 in appropriation accounts available to the Environmental

7 Protection Agency, $58,000,000 is hereby rescinded: Pro8 vided further, That such rescissions shall be taken solely

9 from amounts associated with grants, contracts, and inter10 agency agreements whose availability under the original pe11 riod for obligation for such grant, contract, or interagency

12 agreement has expired.

13 ADMINISTRATIVE PROVISIONS

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

15 6303(1) and 6305(1), the Administrator of the Environ16 mental Protection Agency, in carrying out the Agency’s

17 function to implement directly Federal environmental pro18 grams required or authorized by law in the absence of an

19 acceptable tribal program, may award cooperative agree20 ments to federally-recognized Indian Tribes or Intertribal

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

22 the Administrator in implementing Federal environmental

23 programs for Indian Tribes required or authorized by law,

24 except that no such cooperative agreements may be awarded
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1 from funds designated for State financial assistance agree2 ments.

3 The Administrator of the Environmental Protection

4 Agency is authorized to collect and obligate pesticide reg5 istration service fees in accordance with section 33 of the

6 Federal Insecticide, Fungicide, and Rodenticide Act (as

7 added by subsection (f)(2) of the Pesticide Registration Im8 provement Act of 2003), as amended.

9 Notwithstanding section 104(k)(4)(B)(i)(IV) of the

10 Comprehensive Environmental Response, Compensation,

11 and Liability Act of 1980 (42 U.S.C. 9604(k)(4)(B)(i)(IV)),

12 beginning in fiscal year 2006 and thereafter, appropriated

13 funds may be used to award grants or loans under section

14 104(k) of CERCLA to eligible entities that satisfy all of the

15 elements set forth in CERCLA section 101(40) to qualify

16 as a bona fide prospective purchaser except that the date

17 of acquisition of the property was prior to the date of enact18 ment of the Small Business Liability Relief and Brownfield

19 Revitalization Act of 2001.

20 For fiscal years 2006 through 2011, the Administrator

21 may, after consultation with the Office of Personnel Man22 agement, make not to exceed five appointments in any fiscal

23 year under the authority provided in 42 U.S.C. 209 for the

24 Office of Research and Development.
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1 Beginning in fiscal year 2006 and thereafter, and not2 withstanding section 306 of the Toxic Substances Control

3 Act, the Federal share of the cost of radon program activi4 ties implemented with Federal assistance under section 306

5 shall not exceed 60 percent in the third and subsequent

6 grant years.

7 None of the funds provided in this Act or any other

8 Act may be used by the Environmental Protection Agency

9 (EPA) to publish proposed or final regulations pursuant

10 to the requirements of section 428(b) of Division G of Public

11 Law 108–199 until the Administrator of the Environmental

12 Protection Agency, in coordination with other appropriate

13 Federal agencies, has completed and published a technical

14 study to look at safety issues, including the risk of fire and

15 burn to consumers in use, associated with compliance with

16 the regulations. Not later than six months after the date

17 of enactment of this Act, the Administrator shall complete

18 and publish the technical study.

19 Beginning in fiscal year 2006 and thereafter, notwith20 standing any other provision of law, recipients of grants

21 provided under section 104(k) of the Comprehensive Envi22 ronmental Response, Compensation, and Liability Act of

23 1980 (42 U.S.C. 9604(k)) may use the grant funds for rea24 sonable administrative expenses, as determined by the Ad25 ministrator of the Environmental Protection Agency.
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1 SEC. 201. (a) The Administrator of the Environmental

2 Protection Agency shall conduct a thorough review of all

3 third-party intentional human dosing studies to identify or

4 quantify toxic effects currently submitted to the Agency

5 under FIFRA to ensure that they:

6 (1) address a clearly defined regulatory objective;

7 (2) address a critical regulatory endpoint by en8 hancing the Agency’s scientific data bases;

9 (3) were designed and being conducted in a

10 manner that ensured the study was adequate scientif11 ically to answer the question and ensured the safety

12 of volunteers;

13 (4) was designed to produce societal benefits that

14 outweigh any anticipated risks to participants;

15 (5) adhered to all recognized ethical standards

16 and procedures in place at the time the study was

17 conducted; and

18 (6) are consistent with section 12(a)(2)(P) of the

19 Federal Insecticide, Fungicide, and Rodenticide Act

20 and all other applicable laws.

21 (b) The Administrator shall, within 60 days of the en22 actment of this Act, report to the House and Senate Com23 mittees on Appropriations; the Senate Committee on Agri24 culture, Nutrition and Forestry; and the House Committee

25 on Agriculture on the results of the review required under
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1 subsection (a) and any actions taken pursuant to the re2 view.

3 (c) Within 180 days of the enactment of this Act, the

4 Administrator shall issue a final rule that addresses apply5 ing ethical standards to third-party studies involving inten6 tional human dosing to identify or quantify toxic effects.

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

8 Act may be used by the Administrator of the Environmental

9 Protection Agency—

10 (1) to accept, consider, or rely on third-party in11 tentional dosing human studies for pesticides; or

12 (2) to conduct intentional dosing human studies

13 for pesticides.

14 TITLE III—RELATED AGENCIES

15 DEPARTMENT OF AGRICULTURE

16 FOREST SERVICE

17 FOREST AND RANGELAND RESEARCH

18 For necessary expenses of forest and rangeland re19 search as authorized by law, $280,892,000, to remain avail20 able until expended: Provided, That of the funds provided,

21 $58,434,000 is for the forest inventory and analysis pro22 gram.

23 STATE AND PRIVATE FORESTRY

24 For necessary expenses of cooperating with and pro25 viding technical and financial assistance to States, terri26 tories, possessions, and others, and for forest health manage-
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1 ment, including treatments of pests, pathogens, and

2 invasive or noxious plants and for restoring and rehabili3 tating forests damaged by pests or invasive plants, coopera4 tive forestry, and education and land conservation activi5 ties and conducting an international program as author6 ized, $254,615,000, to remain available until expended, as

7 authorized by law of which $62,632,000 is to be derived

8 from the Land and Water Conservation Fund.

9 NATIONAL FOREST SYSTEM

10 (INCLUDING TRANSFERS OF FUNDS)

11 For necessary expenses of the Forest Service, not other12 wise provided for, for management, protection, improve13 ment, and utilization of the National Forest System,

14 $1,377,656,000, to remain available until expended, which

15 shall include 50 percent of all moneys received during prior

16 fiscal years as fees collected under the Land and Water Con17 servation Fund Act of 1965, as amended, in accordance

18 with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,

19 That unobligated balances under this heading available at

20 the start of fiscal year 2006 shall be displayed by budget

21 line item in the fiscal year 2007 budget justification: Pro22 vided further, That of the funds provided under this heading

23 for Forest Products, $5,000,000 shall be allocated to the

24 Alaska Region, in addition to its normal allocation for the

25 purposes of preparing additional timber for sale, to estab26 lish a 3-year timber supply and such funds may be trans-
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1 ferred to other appropriations accounts as necessary to

2 maximize accomplishment: Provided further, That within

3 funds available for the purpose of implementing the Valles

4 Caldera Preservation Act, notwithstanding the limitations

5 of section 107(e)(2) of the Valles Caldera Preservation Act

6 (Public Law 106–248), for fiscal year 2006, the Chair of

7 the Board of Trustees of the Valles Caldera Trust may re8 ceive, upon request, compensation for each day (including

9 travel time) that the Chair is engaged in the performance

10 of the functions of the Board, except that compensation shall

11 not exceed the daily equivalent of the annual rate in effect

12 for members of the Senior Executive Service at the ES–1

13 level, and shall be in addition to any reimbursement for

14 travel, subsistence and other necessary expenses incurred by

15 the Chair in the performance of the Chair’s duties.

16 WILDLAND FIRE MANAGEMENT

17 (INCLUDING TRANSFERS OF FUNDS)

18 For necessary expenses for forest fire presuppression

19 activities on National Forest System lands, for emergency

20 fire suppression on or adjacent to such lands or other lands

21 under fire protection agreement, hazardous fuels reduction

22 on or adjacent to such lands, and for emergency rehabilita23 tion of burned-over National Forest System lands and

24 water, $1,745,531,000, to remain available until expended:

25 Provided, That such funds including unobligated balances

26 under this heading, are available for repayment of advances
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1 from other appropriations accounts previously transferred

2 for such purposes: Provided further, That any unobligated

3 balances remaining may be transferred to the ‘‘National

4 Forest System’’ account and available without further ap5 propriation to fund vegetative treatments that improve con6 dition class: Provided further, That such funds shall be

7 available to reimburse State and other cooperating entities

8 for services provided in response to wildfire and other emer9 gencies or disasters to the extent such reimbursements by

10 the Forest Service for non-fire emergencies are fully repaid

11 by the responsible emergency management agency: Provided

12 further, That not less than 50 percent of any unobligated

13 balances remaining (exclusive of amounts for hazardous

14 fuels reduction) at the end of fiscal year 2005 shall be trans15 ferred to the fund established pursuant to section 3 of Public

16 Law 71–319 (16 U.S.C. 576 et seq.) if necessary to reim17 burse the fund for unpaid past advances: Provided further,

18 That, notwithstanding any other provision of law,

19 $8,000,000 of funds appropriated under this appropriation

20 shall be used for Fire Science Research in support of the

21 Joint Fire Science Program: Provided further, That all au22 thorities for the use of funds, including the use of contracts,

23 grants, and cooperative agreements, available to execute the

24 Forest and Rangeland Research appropriation, are also

25 available in the utilization of these funds for Fire Science
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1 Research: Provided further, That funds provided shall be

2 available for emergency rehabilitation and restoration, haz3 ardous fuels reduction activities in the urban-wildland

4 interface, support to Federal emergency response, and wild5 fire suppression activities of the Forest Service: Provided

6 further, That of the funds provided, $281,000,000 is for haz7 ardous fuels reduction activities, $2,000,000 is for rehabili8 tation and restoration, $18,385,000 is for research activities

9 and to make competitive research grants pursuant to the

10 Forest and Rangeland Renewable Resources Research Act,

11 as amended (16 U.S.C. 1641 et seq.), $40,179,000 is for

12 State fire assistance, $7,889,000 is for volunteer fire assist13 ance, $6,974,000 is for forest health activities on Federal

14 lands and $4,598,000 is for forest health activities on State

15 and private lands: Provided further, That amounts in this

16 paragraph may be transferred to the ‘‘State and Private

17 Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and

18 Rangeland Research’’ accounts to fund State fire assistance,

19 volunteer fire assistance, forest health management, forest

20 and rangeland research, vegetation and watershed manage21 ment, heritage site rehabilitation, and wildlife and fish

22 habitat management and restoration: Provided further,

23 That transfers of any amounts in excess of those authorized

24 in this paragraph, shall require approval of the House and

25 Senate Committees on Appropriations in compliance with
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1 reprogramming procedures contained in the report accom2 panying this Act: Provided further, That funds provided

3 under this heading for hazardous fuels treatments may be

4 transferred to and made a part of the ‘‘National Forest Sys5 tem’’ account at the sole discretion of the Chief of the Forest

6 Service thirty days after notifying the House and the Sen7 ate Committees on Appropriations: Provided further, That

8 the costs of implementing any cooperative agreement be9 tween the Federal Government and any non-Federal entity

10 may be shared, as mutually agreed on by the affected par11 ties: Provided further, That in addition to funds provided

12 for State Fire Assistance programs, and subject to all au13 thorities available to the Forest Service under the State and

14 Private Forestry Appropriation, up to $15,000,000 may be

15 used on adjacent non-Federal lands for the purpose of pro16 tecting communities when hazard reduction activities are

17 planned on national forest lands that have the potential to

18 place such communities at risk: Provided further, That in19 cluded in funding for hazardous fuel reduction is

20 $5,000,000 for implementing the Community Forest Res21 toration Act, Public Law 106–393, title VI, and any por22 tion of such funds shall be available for use on non-Federal

23 lands in accordance with authorities available to the Forest

24 Service under the State and Private Forestry Appropria25 tion: Provided further, That the Secretary of the Interior
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1 and the Secretary of Agriculture may authorize the transfer

2 of funds appropriated for wildland fire management, in an

3 aggregate amount not to exceed $12,000,000, between the

4 Departments when such transfers would facilitate and expe5 dite jointly funded wildland fire management programs

6 and projects: Provided further, That of the funds provided

7 for hazardous fuels reduction, not to exceed $5,000,000, may

8 be used to make grants, using any authorities available to

9 the Forest Service under the State and Private Forestry ap10 propriation, for the purpose of creating incentives for in11 creased use of biomass from national forest lands.

12 CAPITAL IMPROVEMENT AND MAINTENANCE

13 For necessary expenses of the Forest Service, not other14 wise provided for, $409,751,000, to remain available until

15 expended for construction, reconstruction, maintenance and

16 acquisition of buildings and other facilities, and for con17 struction, reconstruction, repair, decommissioning, and

18 maintenance of forest roads and trails by the Forest Service

19 as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101

20 and 205: Provided, That up to $15,000,000 of the funds

21 provided herein for road maintenance shall be available for

22 the decommissioning of roads, including unauthorized roads

23 not part of the transportation system, which are no longer

24 needed: Provided further, That no funds shall be expended

25 to decommission any system road until notice and an op26 portunity for public comment has been provided on each
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1 decommissioning project: Provided further, That of funds

2 provided, $3,000,000 is provided for needed rehabilitation

3 and restoration work at Jarbidge Canyon, Nevada: Pro4 vided further, That the Secretary of Agriculture may au5 thorize the transfer of up to $1,350,000 as necessary to the

6 Department of the Interior, Bureau of Land Management

7 and Fish and Wildlife Service when such transfers would

8 facilitate and expedite needed rehabilitation work on Bu9 reau of Land Management lands, and for the Fish and

10 Wildlife Service to implement terms and conditions identi11 fied in the Biological Opinion.

12 LAND ACQUISITION

13 For expenses necessary to carry out the provisions of

14 the Land and Water Conservation Fund Act of 1965, as

15 amended (16 U.S.C. 460l–4 through 11), including admin16 istrative expenses, and for acquisition of land or waters,

17 or interest therein, in accordance with statutory authority

18 applicable to the Forest Service, $44,925,000, to be derived

19 from the Land and Water Conservation Fund and to re20 main available until expended: Provided further, That, sub21 ject to valid existing rights, all land and interests in land

22 acquired in the Thunder Mountain area of the Payette Na23 tional Forest (including patented claims and land that are

24 encumbered by unpatented claims or previously appro25 priated funds under this section, or otherwise relinquished

26 by a private party) are withdrawn from mineral entry or
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1 appropriation under Federal mining laws, and from leas2 ing claims under Federal mineral and geothermal leasing

3 laws.’’.

4 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

5 ACTS

6 For acquisition of lands within the exterior boundaries

7 of the Cache, Uinta, and Wasatch National Forests, Utah;

8 the Toiyabe National Forest, Nevada; and the Angeles, San

9 Bernardino, Sequoia, and Cleveland National Forests, Cali10 fornia, as authorized by law, $1,069,000, to be derived from

11 forest receipts.

12 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

13 For acquisition of lands, such sums, to be derived from

14 funds deposited by State, county, or municipal govern15 ments, public school districts, or other public school authori16 ties, and for authorized expenditures from funds deposited

17 by non-Federal parties pursuant to Land Sale and Ex18 change Acts, pursuant to the Act of December 4, 1967, as

19 amended (16 U.S.C. 484a), to remain available until ex20 pended.

21 RANGE BETTERMENT FUND

22 For necessary expenses of range rehabilitation, protec23 tion, and improvement, 50 percent of all moneys received

24 during the prior fiscal year, as fees for grazing domestic

25 livestock on lands in National Forests in the 16 Western

26 States, pursuant to section 401(b)(1) of Public Law 94–
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1 579, as amended, to remain available until expended, of

2 which not to exceed 6 percent shall be available for adminis3 trative expenses associated with on-the-ground range reha4 bilitation, protection, and improvements.

5 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

6 RANGELAND RESEARCH

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

8 $64,000, to remain available until expended, to be derived

9 from the fund established pursuant to the above Act.

10 MANAGEMENT OF NATIONAL FOREST LANDS FOR

11 SUBSISTENCE USES

12 For necessary expenses of the Forest Service to manage

13 Federal lands in Alaska for subsistence uses under title VIII

14 of the Alaska National Interest Lands Conservation Act

15 (Public Law 96–487), $5,067,000, to remain available until

16 expended.

17 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

18 Appropriations to the Forest Service for the current

19 fiscal year shall be available for: (1) purchase of not to ex20 ceed 119 passenger motor vehicles of which 14 will be used

21 primarily for law enforcement purposes and of which 119

22 shall be for replacement; acquisition of 25 passenger motor

23 vehicles from excess sources, and hire of such vehicles; pur24 chase, lease, operation, maintenance, and acquisition of air25 craft from excess sources to maintain the operable fleet at

26 195 aircraft for use in Forest Service wildland fire pro-
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1 grams and other Forest Service programs; notwithstanding

2 other provisions of law, existing aircraft being replaced

3 may be sold, with proceeds derived or trade-in value used

4 to offset the purchase price for the replacement aircraft; (2)

5 services pursuant to 7 U.S.C. 2225, and not to exceed

6 $100,000 for employment under 5 U.S.C. 3109; (3) pur7 chase, erection, and alteration of buildings and other public

8 improvements (7 U.S.C. 2250); (4) acquisition of land, wa9 ters, and interests therein pursuant to 7 U.S.C. 428a; (5)

10 for expenses pursuant to the Volunteers in the National For11 est Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)

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

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

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

15 None of the funds made available under this Act shall

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

17 close any regional office for National Forest System admin18 istration of the Forest Service, Department of Agriculture

19 without the consent of the House and Senate Committees

20 on Appropriations.

21 Any appropriations or funds available to the Forest

22 Service may be transferred to the Wildland Fire Manage23 ment appropriation for forest firefighting, emergency reha24 bilitation of burned-over or damaged lands or waters under

25 its jurisdiction, and fire preparedness due to severe burning
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1 conditions upon notification of the House and Senate Com2 mittees on Appropriations and if and only if all previously

3 appropriated emergency contingent funds under the head4 ing ‘‘Wildland Fire Management’’ have been released by the

5 President and apportioned and all wildfire suppression

6 funds under the heading ‘‘Wildland Fire Management’’ are

7 obligated.

8 Funds appropriated to the Forest Service shall be

9 available for assistance to or through the Agency for Inter10 national Development and the Foreign Agricultural Service

11 in connection with forest and rangeland research, technical

12 information, and assistance in foreign countries, and shall

13 be available to support forestry and related natural resource

14 activities outside the United States and its territories and

15 possessions, including technical assistance, education and

16 training, and cooperation with United States and inter17 national organizations.

18 None of the funds made available to the Forest Service

19 under this Act shall be subject to transfer under the provi20 sions of section 702(b) of the Department of Agriculture Or21 ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b, except

22 that in fiscal year 2006 the Forest Service may transfer

23 funds to the ‘‘National Forest System’’ account from other

24 agency accounts to enable the agency’s law enforcement pro25 gram to pay full operating costs including overhead.
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1 None of the funds available to the Forest Service may

2 be reprogrammed without the advance approval of the

3 House and Senate Committees on Appropriations in ac4 cordance with the reprogramming procedures contained in

5 the report accompanying this Act.

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

7 Forest Service may be transferred to the Working Capital

8 Fund of the Department of Agriculture. Nothing in this sec9 tion shall prohibit or limit the use of reimbursable agree10 ments requested by the Forest Service in order to obtain

11 services from the Department of Agriculture’s National In12 formation Technology Center.

13 Funds available to the Forest Service shall be available

14 to conduct a program of not less than $2,500,000 for high

15 priority projects within the scope of the approved budget

16 which shall be carried out by the Youth Conservation Corps.

17 Of the funds available to the Forest Service, $2,500 is

18 available to the Chief of the Forest Service for official recep19 tion and representation expenses.

20 Pursuant to sections 405(b) and 410(b) of Public Law

21 101–593, of the funds available to the Forest Service,

22 $3,300,000 may be advanced in a lump sum to the National

23 Forest Foundation to aid conservation partnership projects

24 in support of the Forest Service mission, without regard

25 to when the Foundation incurs expenses, for administrative
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1 expenses or projects on or benefitting National Forest Sys2 tem lands or related to Forest Service programs: Provided,

3 That of the Federal funds made available to the Founda4 tion, no more than $350,000 shall be available for adminis5 trative expenses: Provided further, That the Foundation

6 shall obtain, by the end of the period of Federal financial

7 assistance, private contributions to match on at least one8 for-one basis funds made available by the Forest Service:

9 Provided further, That the Foundation may transfer Fed10 eral funds to a non-Federal recipient for a project at the

11 same rate that the recipient has obtained the non-Federal

12 matching funds: Provided further, That authorized invest13 ments of Federal funds held by the Foundation may be

14 made only in interest-bearing obligations of the United

15 States or in obligations guaranteed as to both principal and

16 interest by the United States.

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

18 $2,650,000 of the funds available to the Forest Service shall

19 be available for matching funds to the National Fish and

20 Wildlife Foundation, as authorized by 16 U.S.C. 3701–

21 3709, and may be advanced in a lump sum to aid conserva22 tion partnership projects in support of the Forest Service

23 mission, without regard to when expenses are incurred, for

24 projects on or benefitting National Forest System lands or

25 related to Forest Service programs: Provided, That the
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1 Foundation shall obtain, by the end of the period of Federal

2 financial assistance, private contributions to match on at

3 least one-for-one basis funds advanced by the Forest Service:

4 Provided further, That the Foundation may transfer Fed5 eral funds to a non-Federal recipient for a project at the

6 same rate that the recipient has obtained the non-Federal

7 matching funds.

8 Funds appropriated to the Forest Service shall be

9 available for interactions with and providing technical as10 sistance to rural communities for sustainable rural develop11 ment purposes.

12 Funds appropriated to the Forest Service shall be

13 available for payments to counties within the Columbia

14 River Gorge National Scenic Area, pursuant to sections

15 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

16 663.

17 Notwithstanding any other provision of law, any ap18 propriations or funds available to the Forest Service not

19 to exceed $500,000 may be used to reimburse the Office of

20 the General Counsel (OGC), Department of Agriculture, for

21 travel and related expenses incurred as a result of OGC as22 sistance or participation requested by the Forest Service at

23 meetings, training sessions, management reviews, land pur24 chase negotiations and similar non-litigation related mat25 ters. Future budget justifications for both the Forest Service
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1 and the Department of Agriculture should clearly display

2 the sums previously transferred and the requested funding

3 transfers.

4 Any appropriations or funds available to the Forest

5 Service may be used for necessary expenses in the event of

6 law enforcement emergencies as necessary to protect natural

7 resources and public or employee safety: Provided, That

8 such amounts shall not exceed $1,000,000.

9 An eligible individual who is employed in any project

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

11 (42 U.S.C. 3056 et seq.) and administered by the Forest

12 Service shall be considered to be a Federal employee for pur13 poses of chapter 171 of title 28, United States Code.

14 Any funds appropriated to the Forest Service may be

15 used to meet the non-Federal share requirement in section

16 502(c) of the Older American Act of 1965 (42 U.S.C.

17 3056(c)(2)).

18 Funds available to the Forest Service in this Act may

19 be used for the purpose of expenses associated with primary

20 and secondary schooling for dependents of agency personnel

21 stationed in Puerto Rico prior to the date of enactment of

22 this Act, who are subject to transfer and reassignment to

23 other locations in the United States, at a cost not in excess

24 of those authorized for the Department of Defense for the

25 same area, when it is determined by the Chief of the Forest
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1 Service that public schools available in the locality are un2 able to provide adequately for the education of such depend3 ents.

4 In support of management of the National Wildlife

5 Refuge System, Lot 6C of United States Survey 2538–A,

6 containing 2.39 acres and the residential triplex situated

7 thereon, located in Kodiak, Alaska, is hereby transferred

8 from the USDA Forest Service to the U.S. Fish and Wildlife

9 Service.

10 DEPARTMENT OF HEALTH AND HUMAN

11 SERVICES

12 INDIAN HEALTH SERVICE

13 INDIAN HEALTH SERVICES

14 For expenses necessary to carry out the Act of August

15 5, 1954 (68 Stat. 674), the Indian Self-Determination Act,

16 the Indian Health Care Improvement Act, and titles II and

17 III of the Public Health Service Act with respect to the In18 dian Health Service, $2,732,323,000, together with pay19 ments received during the fiscal year pursuant to 42 U.S.C.

20 238(b) for services furnished by the Indian Health Service:

21 Provided, That funds made available to tribes and tribal

22 organizations through contracts, grant agreements, or any

23 other agreements or compacts authorized by the Indian Self24 Determination and Education Assistance Act of 1975 (25

25 U.S.C. 450), shall be deemed to be obligated at the time
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1 of the grant or contract award and thereafter shall remain

2 available to the tribe or tribal organization without fiscal

3 year limitation: Provided further, That up to $18,000,000

4 shall remain available until expended, for the Indian Cata5 strophic Health Emergency Fund: Provided further, That

6 $507,021,000 for contract medical care shall remain avail7 able for obligation until September 30, 2007: Provided fur8 ther, That of the funds provided, up to $27,000,000, to re9 main available until expended, shall be used to carry out

10 the loan repayment program under section 108 of the In11 dian Health Care Improvement Act: Provided further, That

12 funds provided in this Act may be used for one-year con13 tracts and grants which are to be performed in two fiscal

14 years, so long as the total obligation is recorded in the year

15 for which the funds are appropriated: Provided further,

16 That the amounts collected by the Secretary of Health and

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

19 until expended for the purpose of achieving compliance with

20 the applicable conditions and requirements of titles XVIII

21 and XIX of the Social Security Act (exclusive of planning,

22 design, or construction of new facilities): Provided further,

23 That funding contained herein, and in any earlier appro24 priations Acts for scholarship programs under the Indian

25 Health Care Improvement Act (25 U.S.C. 1613) shall re-
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1 main available until expended: Provided further, That

2 amounts received by tribes and tribal organizations under

3 title IV of the Indian Health Care Improvement Act shall

4 be reported and accounted for and available to the receiving

5 tribes and tribal organizations until expended: Provided

6 further, That, notwithstanding any other provision of law,

7 of the amounts provided herein, not to exceed $268,683,000

8 shall be for payments to tribes and tribal organizations for

9 contract or grant support costs associated with contracts,

10 grants, self-governance compacts or annual funding agree11 ments between the Indian Health Service and a tribe or

12 tribal organization pursuant to the Indian Self-Determina13 tion Act of 1975, as amended, prior to or during fiscal year

14 2006, of which not to exceed $5,000,000 may be used for

15 contract support costs associated with new or expanded self16 determination contracts, grants, self-governance compacts

17 or annual funding agreements: Provided further, That the

18 Bureau of Indian Affairs may collect from the Indian

19 Health Service and tribes and tribal organizations oper20 ating health facilities pursuant to Public Law 93–638 such

21 individually identifiable health information relating to dis22 abled children as may be necessary for the purpose of car23 rying out its functions under the Individuals with Dis24 ability Education Act, 20 U.S.C. 1400, et seq.: Provided

25 further, That of the amounts provided to the Indian Health
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1 Service, $15,000,000 is provided for alcohol control, enforce2 ment, prevention, treatment, sobriety and wellness, and

3 education in Alaska, to be distributed in accordance with

4 the instruction provided in the committee report accom5 panying this Act: Provided further, That none of the funds

6 may be used for tribal courts or tribal ordinance programs

7 or any program that is not directly related to alcohol con8 trol, enforcement, prevention, treatment, or sobriety: Pro9 vided further, That no more than 15 percent may be used

10 by any entity receiving funding for administrative overhead

11 including indirect costs.

12 INDIAN HEALTH FACILITIES

13 For construction, repair, maintenance, improvement,

14 and equipment of health and related auxiliary facilities, in15 cluding quarters for personnel; preparation of plans, speci16 fications, and drawings; acquisition of sites, purchase and

17 erection of modular buildings, and purchases of trailers;

18 and for provision of domestic and community sanitation

19 facilities for Indians, as authorized by section 7 of the Act

20 of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter21 mination Act, and the Indian Health Care Improvement

22 Act, and for expenses necessary to carry out such Acts and

23 titles II and III of the Public Health Service Act with re24 spect to environmental health and facilities support activi25 ties of the Indian Health Service, $335,643,000, to remain

26 available until expended: Provided, That notwithstanding
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1 any other provision of law, funds appropriated for the plan2 ning, design, construction or renovation of health facilities

3 for the benefit of an Indian tribe or tribes may be used

4 to purchase land for sites to construct, improve, or enlarge

5 health or related facilities: Provided further, That not to

6 exceed $500,000 shall be used by the Indian Health Service

7 to purchase TRANSAM equipment from the Department of

8 Defense for distribution to the Indian Health Service and

9 tribal facilities: Provided further, That none of the funds

10 appropriated to the Indian Health Service may be used for

11 sanitation facilities construction for new homes funded with

12 grants by the housing programs of the United States De13 partment of Housing and Urban Development: Provided

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

15 and the ‘‘Indian Health Services’’ account shall be used by

16 the Indian Health Service to obtain ambulances for the In17 dian Health Service and tribal facilities in conjunction

18 with an existing interagency agreement between the Indian

19 Health Service and the General Services Administration:

20 Provided further, That notwithstanding any other provision

21 of law, the Indian Health Service is authorized to construct

22 a replacement health care facility in Nome, Alaska, on land

23 owned by the Norton Sound Health Corporation: Provided

24 further, That not to exceed $500,000 shall be placed in a

25 Demolition Fund, available until expended, to be used by
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1 the Indian Health Service for demolition of Federal build2 ings.

3 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

4 Appropriations in this Act to the Indian Health Serv5 ice shall be available for services as authorized by 5 U.S.C.

6 3109 but at rates not to exceed the per diem rate equivalent

7 to the maximum rate payable for senior-level positions

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

9 aircraft; purchase of medical equipment; purchase of re10 prints; purchase, renovation and erection of modular build11 ings and renovation of existing facilities; payments for tele12 phone service in private residences in the field, when au13 thorized under regulations approved by the Secretary; and

14 for uniforms or allowances therefor as authorized by 5

15 U.S.C. 5901–5902; and for expenses of attendance at meet16 ings which are concerned with the functions or activities

17 for which the appropriation is made or which will con18 tribute to improved conduct, supervision, or management

19 of those functions or activities.

20 In accordance with the provisions of the Indian Health

21 Care Improvement Act, non-Indian patients may be ex22 tended health care at all tribally administered or Indian

23 Health Service facilities, subject to charges, and the pro24 ceeds along with funds recovered under the Federal Medical

25 Care Recovery Act (42 U.S.C. 2651–2653) shall be credited

26 to the account of the facility providing the service and shall
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1 be available without fiscal year limitation. Notwith2 standing any other law or regulation, funds transferred

3 from the Department of Housing and Urban Development

4 to the Indian Health Service shall be administered under

5 Public Law 86–121 (the Indian Sanitation Facilities Act)

6 and Public Law 93–638, as amended.

7 Funds appropriated to the Indian Health Service in

8 this Act, except those used for administrative and program

9 direction purposes, shall not be subject to limitations di10 rected at curtailing Federal travel and transportation.

11 None of the funds made available to the Indian Health

12 Service in this Act shall be used for any assessments or

13 charges by the Department of Health and Human Services

14 unless identified in the budget justification and provided

15 in this Act, or approved by the House and Senate Commit16 tees on Appropriations through the reprogramming process.

17 Personnel ceilings may not be imposed on the Indian

18 Health Service nor may any action be taken to reduce the

19 full time equivalent level of the Indian Health Service below

20 the level in fiscal year 2002 adjusted upward for the staffing

21 of new and expanded facilities, funding provided for staff22 ing at the Lawton, Oklahoma hospital in fiscal years 2003

23 and 2004, critical positions not filled in fiscal year 2002,

24 and staffing necessary to carry out the intent of Congress

25 with regard to program increases.
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1 Notwithstanding any other provision of law, funds

2 previously or herein made available to a tribe or tribal or3 ganization through a contract, grant, or agreement author4 ized by title I or title V of the Indian Self-Determination

5 and Education Assistance Act of 1975 (25 U.S.C. 450), may

6 be deobligated and reobligated to a self-determination con7 tract under title I, or a self-governance agreement under

8 title V of such Act and thereafter shall remain available

9 to the tribe or tribal organization without fiscal year limi10 tation.

11 None of the funds made available to the Indian Health

12 Service in this Act shall be used to implement the final rule

13 published in the Federal Register on September 16, 1987,

14 by the Department of Health and Human Services, relating

15 to the eligibility for the health care services of the Indian

16 Health Service until the Indian Health Service has sub17 mitted a budget request reflecting the increased costs associ18 ated with the proposed final rule, and such request has been

19 included in an appropriations Act and enacted into law.

20 With respect to functions transferred by the Indian

21 Health Service to tribes or tribal organizations, the Indian

22 Health Service is authorized to provide goods and services

23 to those entities, on a reimbursable basis, including pay24 ment in advance with subsequent adjustment. The reim25 bursements received therefrom, along with the funds received
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1 from those entities pursuant to the Indian Self-Determina2 tion Act, may be credited to the same or subsequent appro3 priation account which provided the funding. Such

4 amounts shall remain available until expended.

5 Reimbursements for training, technical assistance, or

6 services provided by the Indian Health Service will contain

7 total costs, including direct, administrative, and overhead

8 associated with the provision of goods, services, or technical

9 assistance.

10 The appropriation structure for the Indian Health

11 Service may not be altered without advance notification to

12 the House and Senate Committees on Appropriations.

13 NATIONAL INSTITUTES OF HEALTH

14 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

15 SCIENCES

16 For necessary expenses for the National Institute of

17 Environmental Health Sciences in carrying out activities

18 set forth in section 311(a) of the Comprehensive Environ19 mental Response, Compensation, and Liability Act of 1980,

20 as amended, and section 126(g) of the Superfund Amend21 ments and Reauthorization Act of 1986, $80,289,000.

22 AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

23 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

24 For necessary expenses for the Agency for Toxic Sub25 stances and Disease Registry (ATSDR) in carrying out ac-
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1 tivities set forth in sections 104(i), 111(c)(4), and

2 111(c)(14) of the Comprehensive Environmental Response,

3 Compensation, and Liability Act of 1980 (CERCLA), as

4 amended; section 118(f) of the Superfund Amendments and

5 Reauthorization Act of 1986 (SARA), as amended; and sec6 tion 3019 of the Solid Waste Disposal Act, as amended,

7 $76,024,000, of which up to $1,500,000, to remain available

8 until expended, is for Individual Learning Accounts for

9 full-time equivalent employees of the Agency for Toxic Sub10 stances and Disease Registry: Provided, That notwith11 standing any other provision of law, in lieu of performing

12 a health assessment under section 104(i)(6) of CERCLA,

13 the Administrator of ATSDR may conduct other appro14 priate health studies, evaluations, or activities, including,

15 without limitation, biomedical testing, clinical evaluations,

16 medical monitoring, and referral to accredited health care

17 providers: Provided further, That in performing any such

18 health assessment or health study, evaluation, or activity,

19 the Administrator of ATSDR shall not be bound by the

20 deadlines in section 104(i)(6)(A) of CERCLA: Provided fur21 ther, That none of the funds appropriated under this head22 ing shall be available for ATSDR to issue in excess of 40

23 toxicological profiles pursuant to section 104(i) of CERCLA

24 during fiscal year 2006, and existing profiles may be up25 dated 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 assigned

6 to the Council on Environmental Quality and Office of En7 vironmental Quality pursuant to the National Environ8 mental Policy Act of 1969, the Environmental Quality Im9 provement Act of 1970, and Reorganization Plan No. 1 of

10 1977, and not to exceed $750 for official reception and rep11 resentation expenses, $2,717,000: Provided, That notwith12 standing section 202 of the National Environmental Policy

13 Act of 1970, the Council shall consist of one member, ap14 pointed by the President, by and with the advice and con15 sent of the Senate, serving as chairman and exercising all

16 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 amended,

21 including hire of passenger vehicles, uniforms or allowances

22 therefor, as authorized by 5 U.S.C. 5901–5902, and for serv23 ices authorized by 5 U.S.C. 3109 but at rates for individ24 uals not to exceed the per diem equivalent to the maximum

25 rate payable for senior level positions under 5 U.S.C. 5376,
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1 $9,200,000: Provided, That the Chemical Safety and Haz2 ard Investigation Board (Board) shall have not more than

3 three career Senior Executive Service positions: Provided

4 further, That notwithstanding any other provision of law,

5 the individual appointed to the position of Inspector Gen6 eral of the Environmental Protection Agency (EPA) shall,

7 by virtue of such appointment, also hold the position of In8 spector General of the Board: Provided further, That not9 withstanding any other provision of law, the Inspector Gen10 eral of the Board shall utilize personnel of the Office of In11 spector General of EPA in performing the duties of the In12 spector General of the Board, and shall not appoint any

13 individuals to positions within the Board.

14 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of Navajo and

17 Hopi Indian Relocation as authorized by Public Law 93–

18 531, $8,601,000, to remain available until expended: Pro19 vided, That funds provided in this or any other appropria20 tions Act are to be used to relocate eligible individuals and

21 groups including evictees from District 6, Hopi-partitioned

22 lands residents, those in significantly substandard housing,

23 and all others certified as eligible and not included in the

24 preceding categories: Provided further, That none of the

25 funds contained in this or any other Act may be used by
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1 the Office of Navajo and Hopi Indian Relocation to evict

2 any single Navajo or Navajo family who, as of November

3 30, 1985, was physically domiciled on the lands partitioned

4 to the Hopi Tribe unless a new or replacement home is pro5 vided for such household: Provided further, That no

6 relocatee will be provided with more than one new or re7 placement home: Provided further, That the Office shall re8 locate any certified eligible relocatees who have selected and

9 received an approved homesite on the Navajo reservation

10 or selected a replacement residence off the Navajo reserva11 tion or on the land acquired pursuant to 25 U.S.C. 640d–

12 10.

13 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

14 CULTURE AND ARTS DEVELOPMENT

15 PAYMENT TO THE INSTITUTE

16 For payment to the Institute of American Indian and

17 Alaska Native Culture and Arts Development, as authorized

18 by title XV of Public Law 99–498, as amended (20 U.S.C.

19 56 part A), $6,300,000.

20 SMITHSONIAN INSTITUTION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Smithsonian Institution,

23 as authorized by law, including research in the fields of art,

24 science, and history; development, preservation, and docu25 mentation of the National Collections; presentation of pub-
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1 lic exhibits and performances; collection, preparation, dis2 semination, and exchange of information and publications;

3 conduct of education, training, and museum assistance pro4 grams; maintenance, alteration, operation, lease (for terms

5 not to exceed 30 years), and protection of buildings, facili6 ties, and approaches; not to exceed $100,000 for services as

7 authorized by 5 U.S.C. 3109; up to five replacement pas8 senger vehicles; purchase, rental, repair, and cleaning of

9 uniforms for employees, $524,135,000, of which not to ex10 ceed $10,992,000 for the instrumentation program, collec11 tions acquisition, exhibition reinstallation, the National

12 Museum of African American History and Culture, and the

13 repatriation of skeletal remains program shall remain

14 available until expended; and of which $9,086,000 for the

15 reopening of the Patent Office Building and for fellowships

16 and scholarly awards shall remain available until Sep17 tember 30, 2007; and including such funds as may be nec18 essary to support American overseas research centers and

19 a total of $125,000 for the Council of American Overseas

20 Research Centers: Provided, That funds appropriated here21 in are available for advance payments to independent con22 tractors performing research services or participating in of23 ficial Smithsonian presentations: Provided further, That

24 the Smithsonian Institution may expend Federal appro25 priations designated in this Act for lease or rent payments
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1 for long term and swing space, as rent payable to the

2 Smithsonian Institution, and such rent payments may be

3 deposited into the general trust funds of the Institution to

4 the extent that federally supported activities are housed in

5 the 900 H Street, N.W. building in the District of Colum6 bia: Provided further, That this use of Federal appropria7 tions shall not be construed as debt service, a Federal guar8 antee of, a transfer of risk to, or an obligation of, the Fed9 eral Government: Provided further, That no appropriated

10 funds may be used to service debt which is incurred to fi11 nance the costs of acquiring the 900 H Street building or

12 of planning, designing, and constructing improvements to

13 such building.

14 FACILITIES CAPITAL

15 For necessary expenses of repair, revitalization, and

16 alteration of facilities owned or occupied by the Smithso17 nian Institution, by contract or otherwise, as authorized by

18 section 2 of the Act of August 22, 1949 (63 Stat. 623), and

19 for construction, including necessary personnel,

20 $100,000,000, to remain available until expended, of which

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

22 U.S.C. 3109: Provided, That contracts awarded for environ23 mental systems, protection systems, and repair or restora24 tion of facilities of the Smithsonian Institution may be ne25 gotiated with selected contractors and awarded on the basis

26 of contractor qualifications as well as price.
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1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

3 For the upkeep and operations of the National Gallery

4 of Art, the protection and care of the works of art therein,

5 and administrative expenses incident thereto, as authorized

6 by the Act of March 24, 1937 (50 Stat. 51), as amended

7 by the public resolution of April 13, 1939 (Public Resolu8 tion 9, Seventy-sixth Congress), including services as au9 thorized by 5 U.S.C. 3109; payment in advance when au10 thorized by the treasurer of the Gallery for membership in

11 library, museum, and art associations or societies whose

12 publications or services are available to members only, or

13 to members at a price lower than to the general public; pur14 chase, repair, and cleaning of uniforms for guards, and uni15 forms, or allowances therefor, for other employees as author16 ized by law (5 U.S.C. 5901–5902); purchase or rental of

17 devices and services for protecting buildings and contents

18 thereof, and maintenance, alteration, improvement, and re19 pair of buildings, approaches, and grounds; and purchase

20 of services for restoration and repair of works of art for

21 the National Gallery of Art by contracts made, without ad22 vertising, with individuals, firms, or organizations at such

23 rates or prices and under such terms and conditions as the

24 Gallery may deem proper, $96,600,000, of which not to ex-
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1 ceed $3,157,000 for the special exhibition program shall re2 main available until expended.

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and ren5 ovation of buildings, grounds and facilities owned or occu6 pied by the National Gallery of Art, by contract or other7 wise, as authorized, $15,000,000, to remain available until

8 expended: Provided, That contracts awarded for environ9 mental systems, protection systems, and exterior repair or

10 renovation of buildings of the National Gallery of Art may

11 be negotiated with selected contractors and awarded on the

12 basis of contractor qualifications as well as price: Provided

13 further, That, notwithstanding any other provision of law,

14 a single procurement for the Master Facilities Plan renova15 tion project at the National Gallery of Art may be issued

16 which includes the full scope of the Work Area #3 project:

17 Provided further, That the solicitation and the contract

18 shall contain the clause ‘‘availability of funds’’ found at

19 48 CFR 52.232.18.

20 JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

21 OPERATIONS AND MAINTENANCE

22 For necessary expenses for the operation, maintenance

23 and security of the John F. Kennedy Center for the Per24 forming Arts, $17,800,000.
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1 CONSTRUCTION

2 For necessary expenses for capital repair and restora3 tion of the existing features of the building and site of the

4 John F. Kennedy Center for the Performing Arts,

5 $15,200,000, to remain available until expended.

6 WOODROW WILSON INTERNATIONAL CENTER FOR

7 SCHOLARS

8 SALARIES AND EXPENSES

9 For expenses necessary in carrying out the provisions

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

11 1356) including hire of passenger vehicles and services as

12 authorized by 5 U.S.C. 3109, $9,201,000.

13 NATIONAL FOUNDATION ON THE ARTS AND THE

14 HUMANITIES

15 NATIONAL ENDOWMENT FOR THE ARTS

16 GRANTS AND ADMINISTRATION

17 For necessary expenses to carry out the National Foun18 dation on the Arts and the Humanities Act of 1965, as

19 amended, $126,264,000 shall be available to the National

20 Endowment for the Arts for the support of projects and pro21 ductions in the arts through assistance to organizations and

22 individuals pursuant to sections 5(c) and 5(g) of the Act,

23 including $14,922,000 for support of arts education and

24 public outreach activities through the Challenge America

25 program, for program support, and for administering the
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1 functions of the Act, to remain available until expended:

2 Provided, That funds previously appropriated to the Na3 tional Endowment for the Arts ‘‘Matching Grants’’ account

4 and ‘‘Challenge America’’ account may be transferred to

5 and merged with this account: Provided further, That funds

6 appropriated herein shall be expended in accordance with

7 sections 309 and 311 of Public Law 108–108.

8 NATIONAL ENDOWMENT FOR THE HUMANITIES

9 GRANTS AND ADMINISTRATION

10 For necessary expenses to carry out the National Foun11 dation on the Arts and the Humanities Act of 1965, as

12 amended, $127,605,000, shall be available to the National

13 Endowment for the Humanities for support of activities in

14 the humanities, pursuant to section 7(c) of the Act, and for

15 administering the functions of the Act, to remain available

16 until expended.

17 MATCHING GRANTS

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

19 National Foundation on the Arts and the Humanities Act

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

21 expended, of which $10,000,000 shall be available to the Na22 tional Endowment for the Humanities for the purposes of

23 section 7(h): Provided, That this appropriation shall be

24 available for obligation only in such amounts as may be

25 equal to the total amounts of gifts, bequests, and devises of

26 money, and other property accepted by the chairman or by
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1 grantees of the Endowment under the provisions of sub2 sections 11(a)(2)(B) and 11(a)(3)(B) during the current

3 and preceding fiscal years for which equal amounts have

4 not previously been appropriated.

5 ADMINISTRATIVE PROVISIONS

6 None of the funds appropriated to the National Foun7 dation on the Arts and the Humanities may be used to

8 process any grant or contract documents which do not in9 clude the text of 18 U.S.C. 1913: Provided, That none of

10 the funds appropriated to the National Foundation on the

11 Arts and the Humanities may be used for official reception

12 and representation expenses: Provided further, That funds

13 from nonappropriated sources may be used as necessary for

14 official reception and representation expenses: Provided fur15 ther, That the Chairperson of the National Endowment for

16 the Arts may approve grants up to $10,000, if in the aggre17 gate this amount does not exceed 5 percent of the sums ap18 propriated for grant-making purposes per year: Provided

19 further, That such small grant actions are taken pursuant

20 to the terms of an expressed and direct delegation of author21 ity from the National Council on the Arts to the Chair22 person.
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1 COMMISSION OF FINE ARTS

2 SALARIES AND EXPENSES

3 For expenses made necessary by the Act establishing

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

5 Provided, That the Commission is authorized to charge fees

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

7 be credited to this account as an offsetting collection, to re8 main available until expended without further appropria9 tion.

10 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

11 For necessary expenses as authorized by Public Law

12 99–190 (20 U.S.C. 956a), as amended, $7,492,000.

13 ADVISORY COUNCIL ON HISTORIC PRESERVATION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Advisory Council on His16 toric Preservation (Public Law 89–665, as amended),

17 $4,943,000: Provided, That none of these funds shall be

18 available for compensation of level V of the Executive Sched19 ule or higher positions.

20 NATIONAL CAPITAL PLANNING COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses, as authorized by the National

23 Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ24 ing services as authorized by 5 U.S.C. 3109, $8,244,000:

25 Provided, That one-quarter of 1 percent of the funds pro26 vided under this heading may be used for official reception
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1 and representational expenses associated with hosting inter2 national visitors engaged in the planning and physical de3 velopment of world capitals.

4 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

5 HOLOCAUST MEMORIAL MUSEUM

6 For expenses of the Holocaust Memorial Museum, as

7 authorized by Public Law 106–292 (36 U.S.C. 2301–2310),

8 $43,233,000, of which $1,874,000 for the museum’s repair

9 and rehabilitation program and $1,246,000 for the muse10 um’s exhibition design and production program shall re11 main available until expended.

12 PRESIDIO TRUST

13 PRESIDIO TRUST FUND

14 For necessary expenses to carry out title I of the Omni15 bus Parks and Public Lands Management Act of 1996,

16 $19,722,000 shall be available to the Presidio Trust, to re17 main available until expended.

18 WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT

19 OF REMEMBRANCE

20 OPERATIONS

21 For necessary expenses of the White House Commission

22 on the National Moment of Remembrance, $250,000.

23 TITLE IV—GENERAL PROVISIONS

24 SEC. 401. The expenditure of any appropriation under

25 this Act for any consulting service through procurement
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1 contract, pursuant to 5 U.S.C. 3109, shall be limited to

2 those contracts where such expenditures are a matter of pub3 lic record and available for public inspection, except where

4 otherwise provided under existing law, or under existing

5 Executive order issued pursuant to existing law.

6 SEC. 402. No part of any appropriation contained in

7 this Act shall be available for any activity or the publica8 tion or distribution of literature that in any way tends to

9 promote public support or opposition to any legislative pro10 posal on which Congressional action is not complete other

11 than to communicate to Members of Congress as described

12 in 18 U.S.C. 1913.

13 SEC. 403. No part of any appropriation contained in

14 this Act shall remain available for obligation beyond the

15 current fiscal year unless expressly so provided herein.

16 SEC. 404. None of the funds provided in this Act to

17 any department or agency shall be obligated or expended

18 to provide a personal cook, chauffeur, or other personal serv19 ants to any officer or employee of such department or agen20 cy except as otherwise provided by law.

21 SEC. 405. Estimated overhead charges, deductions, re22 serves or holdbacks from programs, projects, activities and

23 subactivities to support government-wide, departmental,

24 agency or bureau administrative functions or headquarters,

25 regional or central operations shall be presented in annual
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1 budget justifications and subject to approval by the Com2 mittees on Appropriations. Changes to such estimates shall

3 be presented to the Committees on Appropriations for ap4 proval.

5 SEC. 406. None of the funds made available in this

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government except pur8 suant to a transfer made by, or transfer provided in, this

9 Act or any other Act.

10 SEC. 407. None of the funds in this Act may be used

11 to plan, prepare, or offer for sale timber from trees classified

12 as giant sequoia (Sequoiadendron giganteum) which are lo13 cated on National Forest System or Bureau of Land Man14 agement lands in a manner different than such sales were

15 conducted in fiscal year 2005.

16 SEC. 408. (a) LIMITATION OF FUNDS.—None of the

17 funds appropriated or otherwise made available pursuant

18 to this Act shall be obligated or expended to accept or proc19 ess applications for a patent for any mining or mill site

20 claim located under the general mining laws.

21 (b) EXCEPTIONS.—The provisions of subsection (a)

22 shall not apply if the Secretary of the Interior determines

23 that, for the claim concerned: (1) a patent application was

24 filed with the Secretary on or before September 30, 1994;

25 and (2) all requirements established under sections 2325
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1 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)

2 for vein or lode claims and sections 2329, 2330, 2331, and

3 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37)

4 for placer claims, and section 2337 of the Revised Statutes

5 (30 U.S.C. 42) for mill site claims, as the case may be,

6 were fully complied with by the applicant by that date.

7 (c) REPORT.—On September 30, 2006, the Secretary

8 of the Interior shall file with the House and Senate Com9 mittees on Appropriations and the Committee on Resources

10 of the House of Representatives and the Committee on En11 ergy and Natural Resources of the Senate a report on ac12 tions taken by the Department under the plan submitted

13 pursuant to section 314(c) of the Department of the Interior

14 and Related Agencies Appropriations Act, 1997 (Public

15 Law 104–208).

16 (d) MINERAL EXAMINATIONS.—In order to process

17 patent applications in a timely and responsible manner,

18 upon the request of a patent applicant, the Secretary of the

19 Interior shall allow the applicant to fund a qualified third20 party contractor to be selected by the Bureau of Land Man21 agement to conduct a mineral examination of the mining

22 claims or mill sites contained in a patent application as

23 set forth in subsection (b). The Bureau of Land Manage24 ment shall have the sole responsibility to choose and pay

25 the third-party contractor in accordance with the standard
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1 procedures employed by the Bureau of Land Management

2 in the retention of third-party contractors.

3 SEC. 409. The National Endowment for the Arts and

4 the National Endowment for the Humanities are herein5 after authorized to solicit, accept, receive, and invest in the

6 name of the United States, gifts, bequests, or devises of

7 money and other property or services and to use such in

8 furtherance of the functions of the National Endowment for

9 the Arts and the National Endowment for the Humanities.

10 Any proceeds from such gifts, bequests, or devises, after ac11 ceptance by the National Endowment for the Arts or the

12 National Endowment for the Humanities, shall be paid by

13 the donor or the representative of the donor to the Chair14 man. The Chairman shall enter the proceeds in a special

15 interest-bearing account to the credit of the appropriate en16 dowment for the purposes specified in each case.

17 SEC. 410. No part of any appropriation contained in

18 this Act shall be expended or obligated to complete and issue

19 the 5-year program under the Forest and Rangeland Re20 newable Resources Planning Act.

21 SEC. 411. Section 3(a) of the Act of June 9, 1930 (com22 monly known as the Knutson-Vandenberg Act; 16 U.S.C.

23 576b), is amended—

24 (1) by striking ‘‘or’’ following ‘‘stand of timber,’’

25 in (3); and
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1 (2) by striking the period following ‘‘wildlife

2 habitat management’’ in (4), and inserting ‘‘, or (5)

3 watershed restoration, wildlife habitat improvement,

4 control of insects, disease and noxious weeds, commu5 nity protection activities, and the maintenance of for6 est roads, within the Forest Service region in which

7 the timber sale occurred: Provided, That such activi8 ties may be performed through the use of contracts,

9 forest product sales, and cooperative agreements.’’.

10 SEC. 412. Amounts deposited during fiscal year 2005

11 in the roads and trails fund provided for in the 14th para12 graph under the heading ‘‘FOREST SERVICE’’ of the Act

13 of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be

14 used by the Secretary of Agriculture, without regard to the

15 State in which the amounts were derived, to repair or re16 construct roads, bridges, and trails on National Forest Sys17 tem lands or to carry out and administer projects to im18 prove forest health conditions, which may include the repair

19 or reconstruction of roads, bridges, and trails on National

20 Forest System lands in the wildland-community interface

21 where there is an abnormally high risk of fire. The projects

22 shall emphasize reducing risks to human safety and public

23 health and property and enhancing ecological functions,

24 long-term forest productivity, and biological integrity. The

25 projects may be completed in a subsequent fiscal year.
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1 Funds shall not be expended under this section to replace

2 funds which would otherwise appropriately be expended

3 from the timber salvage sale fund. Nothing in this section

4 shall be construed to exempt any project from any environ5 mental law.

6 SEC. 413. Other than in emergency situations, none

7 of the funds in this Act may be used to operate telephone

8 answering machines during core business hours unless such

9 answering machines include an option that enables callers

10 to reach promptly an individual on-duty with the agency

11 being contacted.

12 SEC. 414. No timber sale in Region 10 shall be adver13 tised if the indicated rate is deficit when appraised using

14 a residual value approach that assigns domestic Alaska val15 ues for western redcedar. Program accomplishments shall

16 be based on volume sold. Should Region 10 sell, in the cur17 rent fiscal year, the annual average portion of the decadal

18 allowable sale quantity called for in the current Tongass

19 Land Management Plan in sales which are not deficit when

20 appraised using a residual value approach that assigns do21 mestic Alaska values for western redcedar, all of the western

22 redcedar timber from those sales which is surplus to the

23 needs of domestic processors in Alaska, shall be made avail24 able to domestic processors in the contiguous 48 United

25 States at prevailing domestic prices. Should Region 10 sell,
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1 in the current fiscal year, less than the annual average por2 tion of the decadal allowable sale quantity called for in the

3 Tongass Land Management Plan in sales which are not def4 icit when appraised using a residual value approach that

5 assigns domestic Alaska values for western redcedar, the vol6 ume of western redcedar timber available to domestic proc7 essors at prevailing domestic prices in the contiguous 48

8 United States shall be that volume: (1) which is surplus

9 to the needs of domestic processors in Alaska; and (2) is

10 that percent of the surplus western redcedar volume deter11 mined by calculating the ratio of the total timber volume

12 which has been sold on the Tongass to the annual average

13 portion of the decadal allowable sale quantity called for in

14 the current Tongass Land Management Plan. The percent15 age shall be calculated by Region 10 on a rolling basis as

16 each sale is sold (for purposes of this amendment, a ‘‘rolling

17 basis’’ shall mean that the determination of how much west18 ern redcedar is eligible for sale to various markets shall be

19 made at the time each sale is awarded). Western redcedar

20 shall be deemed ‘‘surplus to the needs of domestic processors

21 in Alaska’’ when the timber sale holder has presented to

22 the Forest Service documentation of the inability to sell

23 western redcedar logs from a given sale to domestic Alaska

24 processors at a price equal to or greater than the log selling

25 value stated in the contract. All additional western redcedar
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1 volume not sold to Alaska or contiguous 48 United States

2 domestic processors may be exported to foreign markets at

3 the election of the timber sale holder. All Alaska yellow

4 cedar may be sold at prevailing export prices at the election

5 of the timber sale holder.

6 SEC. 415. Prior to October 1, 2006, the Secretary of

7 Agriculture shall not be considered to be in violation of sub8 paragraph 6(f)(5)(A) of the Forest and Rangeland Renew9 able Resources Planning Act of 1974 (16 U.S.C.

10 1604(f)(5)(A)) solely because more than 15 years have

11 passed without revision of the plan for a unit of the Na12 tional Forest System. Nothing in this section exempts the

13 Secretary from any other requirement of the Forest and

14 Rangeland Renewable Resources Planning Act (16 U.S.C.

15 1600 et seq.) or any other law: Provided, That if the Sec16 retary is not acting expeditiously and in good faith, within

17 the funding available, to revise a plan for a unit of the

18 National Forest System, this section shall be void with re19 spect to such plan and a court of proper jurisdiction may

20 order completion of the plan on an accelerated basis.

21 SEC. 416. No funds provided in this Act may be ex22 pended to conduct preleasing, leasing and related activities

23 under either the Mineral Leasing Act (30 U.S.C. 181 et seq.)

24 or the Outer Continental Shelf Lands Act (43 U.S.C. 1331

25 et seq.) within the boundaries of a National Monument es-
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1 tablished pursuant to the Act of June 8, 1906 (16 U.S.C.

2 431 et seq.) as such boundary existed on January 20, 2001,

3 except where such activities are allowed under the Presi4 dential proclamation establishing such monument.

5 SEC. 417. In entering into agreements with foreign

6 countries pursuant to the Wildfire Suppression Assistance

7 Act (42 U.S.C. 1856m) the Secretary of Agriculture and

8 the Secretary of the Interior are authorized to enter into

9 reciprocal agreements in which the individuals furnished

10 under said agreements to provide wildfire services are con11 sidered, for purposes of tort liability, employees of the coun12 try receiving said services when the individuals are engaged

13 in fire suppression: Provided, That the Secretary of Agri14 culture or the Secretary of the Interior shall not enter into

15 any agreement under this provision unless the foreign coun16 try (either directly or through its fire organization) agrees

17 to assume any and all liability for the acts or omissions

18 of American firefighters engaged in firefighting in a foreign

19 country: Provided further, That when an agreement is

20 reached for furnishing fire fighting services, the only rem21 edies for acts or omissions committed while fighting fires

22 shall be those provided under the laws of the host country,

23 and those remedies shall be the exclusive remedies for any

24 claim arising out of fighting fires in a foreign country: Pro25 vided further, That neither the sending country nor any
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1 legal organization associated with the firefighter shall be

2 subject to any legal action whatsoever pertaining to or aris3 ing out of the firefighter’s role in fire suppression.

4 SEC. 418. Notwithstanding any other provision of law

5 or regulation, to promote the more efficient use of the health

6 care funding allocation for fiscal year 2006, the Eagle Butte

7 Service Unit of the Indian Health Service, at the request

8 of the Cheyenne River Sioux Tribe, may pay base salary

9 rates to health professionals up to the highest grade and

10 step available to a physician, pharmacist, or other health

11 professional and may pay a recruitment or retention bonus

12 of up to 25 percent above the base pay rate.

13 SEC. 419. In awarding a Federal contract with funds

14 made available by this Act, notwithstanding Federal Gov15 ernment procurement and contracting laws, the Secretary

16 of Agriculture and the Secretary of the Interior (the ‘‘Secre17 taries’’) may, in evaluating bids and proposals, give consid18 eration to local contractors who are from, and who provide

19 employment and training for, dislocated and displaced

20 workers in an economically disadvantaged rural commu21 nity, including those historically timber-dependent areas

22 that have been affected by reduced timber harvesting on

23 Federal lands and other forest-dependent rural communities

24 isolated from significant alternative employment opportu25 nities: Provided, That notwithstanding Federal Government
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1 procurement and contracting laws the Secretaries may

2 award contracts, grants or cooperative agreements to local

3 non-profit entities, Youth Conservation Corps or related

4 partnerships with State, local or non-profit youth groups,

5 or small or micro-business or disadvantaged business: Pro6 vided further, That the contract, grant, or cooperative agree7 ment is for forest hazardous fuels reduction, watershed or

8 water quality monitoring or restoration, wildlife or fish

9 population monitoring, or habitat restoration or manage10 ment: Provided further, That the terms ‘‘rural community’’

11 and ‘‘economically disadvantaged’’ shall have the same

12 meanings as in section 2374 of Public Law 101–624: Pro13 vided further, That the Secretaries shall develop guidance

14 to implement this section: Provided further, That nothing

15 in this section shall be construed as relieving the Secretaries

16 of any duty under applicable procurement laws, except as

17 provided in this section.

18 SEC. 420. No funds appropriated in this Act for the

19 acquisition of lands or interests in lands may be expended

20 for the filing of declarations of taking or complaints in con21 demnation without the approval of the House and Senate

22 Committees on Appropriations: Provided, That this provi23 sion shall not apply to funds appropriated to implement

24 the Everglades National Park Protection and Expansion

25 Act of 1989, or to funds appropriated for Federal assistance
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1 to the State of Florida to acquire lands for Everglades res2 toration purposes.

3 SEC. 421. (a) LIMITATION ON COMPETITIVE SOURCING

4 STUDIES.—

5 (1) Of the funds made available by this or any

6 other Act to the Department of the Interior for fiscal

7 year 2006, not more than $3,450,000 may be used by

8 the Secretary of the Interior to initiate or continue

9 competitive sourcing studies in fiscal year 2006 for

10 programs, projects, and activities for which funds are

11 appropriated by this Act until such time as the Sec12 retary concerned submits a reprogramming proposal

13 to the Committees on Appropriations of the Senate

14 and the House of Representatives, and such proposal

15 has been processed consistent with the reprogramming

16 guidelines included in the report accompanying this

17 Act.

18 (2) Of the funds appropriated by this Act, not

19 more than $3,000,000 may be used in fiscal year

20 2006 for competitive sourcing studies and related ac21 tivities by the Forest Service.

22 (b) COMPETITIVE SOURCING STUDY DEFINED.—In

23 this section, the term ‘‘competitive sourcing study’’ means

24 a study on subjecting work performed by Federal Govern25 ment employees or private contractors to public-private
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1 competition or on converting the Federal Government em2 ployees or the work performed by such employees to private

3 contractor performance under the Office of Management

4 and Budget Circular A–76 or any other administrative reg5 ulation, directive, or policy.

6 (c) COMPETITIVE SOURCING EXEMPTION FOR FOREST

7 SERVICE STUDIES CONDUCTED PRIOR TO FISCAL YEAR

8 2006.—The Forest Service is hereby exempted from imple9 menting the Letter of Obligation and post-competition ac10 countability guidelines where a competitive sourcing study

11 involved 65 or fewer full-time equivalents, the performance

12 decision was made in favor of the agency provider; no net

13 savings was achieved by conducting the study, and the

14 study was completed prior to the date of this Act.

15 (d) In preparing any reports to the Committees on Ap16 propriations on competitive sourcing activities, agencies

17 funded in this Act shall include the incremental cost di18 rectly attributable to conducting the competitive sourcing

19 competitions, including costs attributable to paying outside

20 consultants and contractors and, in accordance with full

21 cost accounting principles, all costs attributable to devel22 oping, implementing, supporting, managing, monitoring,

23 and reporting on competitive sourcing, including personnel,

24 consultant, travel, and training costs associated with pro25 gram management.
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1 (e) In carrying out any competitive sourcing study in2 volving Forest Service employees, the Secretary of Agri3 culture shall—

4 (1) determine whether any of the employees con5 cerned are also qualified to participate in wildland

6 fire management activities; and

7 (2) take into consideration the effect that con8 tracting with a private sector source would have on

9 the ability of the Forest Service to effectively and effi10 ciently fight and manage wildfires.

11 SEC. 422. None of the funds in this Act or prior Acts

12 making appropriations for the Department of the Interior

13 and Related Agencies may be provided to the managing

14 partners or their agents for the SAFECOM or Disaster

15 Management projects.

16 SEC. 423. (a) IN GENERAL.—An entity that enters

17 into a contract with the United States to operate the Na18 tional Recreation Reservation Service (as solicited by the

19 solicitation numbered WO–04–06vm) shall not carry out

20 any duties under the contract using:

21 (1) a contact center located outside the United

22 States; or

23 (2) a reservation agent who does not live in the

24 United States.
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1 (b) NO WAIVER.—The Secretary of Agriculture may

2 not waive the requirements of subsection (a).

3 (c) TELECOMMUTING.—A reservation agent who is car4 rying out duties under the contract described in subsection

5 (a) may not telecommute from a location outside the United

6 States.

7 (d) LIMITATIONS.—Nothing in this Act shall be con8 strued to apply to any employee of the entity who is not

9 a reservation agent carrying out the duties under the con10 tract described in subsection (a) or who provides manage11 rial or support services.

12 SEC. 424. Section 331, of Public Law 106–113, is

13 amended—

14 (1) in part (a) by striking ‘‘2004’’ and inserting

15 ‘‘2006’’; and

16 (2) in part (b) by striking ‘‘2004’’ and inserting

17 ‘‘2006’’.

18 SEC. 425. Section 321 of the Consolidated Appropria19 tions Act, 2003, as included in Public Law 108–7, is

20 amended by striking ‘‘September 30, 2005’’ and inserting

21 ‘‘September 30, 2007’’.

22 SEC. 426. Section 5 of the Arts and Artifacts Indem23 nity Act (20 U.S.C. 974) is amended—
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1 (1) in subsection (b), by striking

2 ‘‘$8,000,000,000’’ and inserting ‘‘$10,000,000,000’’;

3 and

4 (2) in subsection (c), by striking ‘‘$600,000,000’’

5 and inserting ‘‘$1,200,000,000’’.

6 SEC. 427. (a) IN GENERAL.—

7 (1) Beginning in fiscal year 2006 and thereafter,

8 the Secretary of Agriculture and the Secretary of the

9 Interior are authorized to make grants to the Eastern

10 Nevada Landscape Coalition for the study and res11 toration of rangeland and other lands in Nevada’s

12 Great Basin in order to help assure the reduction of

13 hazardous fuels and for related purposes.

14 (2) Beginning in fiscal year 2006 and thereafter,

15 notwithstanding 31 U.S.C. secs. 6301–6308, the Di16 rector of the Bureau of Land Management may enter

17 into a cooperative agreement with the Eastern Ne18 vada Landscape Coalition for the Great Basin Res19 toration Project, including hazardous fuels and me20 chanical treatments and related work.

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

22 authorized to be appropriated such sums as are necessary

23 to carry out this section.

24 SEC. 428. (a) Section 108(g) of the Valles Caldera

25 Preservation Act (16 U.S.C. 698v–6(g)) is amended—
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1 (1) in the first sentence, by striking ‘‘The Sec2 retary’’ and inserting the following:

3 ‘‘(1) LAW ENFORCEMENT.—

4 ‘‘(A) IN GENERAL.—The Secretary’’;

5 (2) in the second sentence, by striking ‘‘The

6 Trust’’ and inserting the following:

7 ‘‘(B) FEDERAL AGENCY.—The Trust’’; and

8 (3) by striking ‘‘At the request of the Trust’’ and

9 all that follows through the end of the paragraph and

10 inserting the following:

11 ‘‘(2) FIRE MANAGEMENT.—

12 ‘‘(A) NON-REIMBURSABLE SERVICES.—

13 ‘‘(i) DEVELOPMENT OF PLAN.—Subject

14 to the availability of appropriations under

15 section 111(a), the Secretary shall, in con16 sultation with the Trust, develop a plan to

17 carry out fire preparedness, suppression,

18 and emergency rehabilitation services on the

19 Preserve.

20 ‘‘(ii) CONSISTENCY WITH MANAGEMENT

21 PROGRAM.—The plan shall be consistent

22 with the management program developed

23 pursuant to subsection (d).

24 ‘‘(iii) COOPERATIVE AGREEMENT.—To

25 the extent generally authorized at other
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1 units of the National Forest System, the

2 Secretary shall provide the services to be

3 carried out pursuant to the plan under a

4 cooperative agreement entered into between

5 the Secretary and the Trust.

6 ‘‘(B) REIMBURSABLE SERVICES.—To the ex7 tent generally authorized at other units of the

8 National Forest System and subject to the avail9 ability of appropriations under section 111(a),

10 the Secretary shall provide presuppression and

11 nonemergency rehabilitation and restoration

12 services for the Trust at any time on a reimburs13 able basis.’’

14 (b) The amendments made by subsection (a) take effect

15 on January 1, 2005.

16 SEC. 429. None of the funds made available to the For17 est Service under this Act shall be expended or obligated

18 for the demolition of buildings at the Zephyr Shoals prop19 erty, Lake Tahoe, Nevada.

20 SEC. 430. Section 114 of the Department of the Inte21 rior and Related Agencies Appropriations Act, 2003 (16

22 U.S.C. 460bb–3; Public Law 108–7), is amended—

23 (1) in the second sentence, by inserting ‘‘, includ24 ing utility expenses of the National Park Service or
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1 lessees of the National Park Service’’ after ‘‘Fort

2 Baker properties’’; and

3 (2) by inserting between the first and second sen4 tences the following: ‘‘In furtherance of a lease entered

5 into under the first sentence, the Secretary of the Inte6 rior or a lessee may impose fees on overnight lodgers

7 at Fort Baker properties.’’.

8 SEC. 431. (a) Section 813(a) of the Federal Lands

9 Recreation Enhancement Act (16 U.S.C. 6812(a)) is

10 amended by striking ‘‘and (i)’’ and inserting ‘‘and (i) (ex11 cept for paragraph (1)(C))’’.

12 (b) Section 4(i)(1)(C)(i) of the Land and Water Con13 servation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(C)(i))

14 is amended—

15 (1) by striking ‘‘Notwithstanding subparagraph

16 (A)’’ and all that follows through ‘‘or section 107’’

17 and inserting ‘‘Notwithstanding section 107’’; and

18 (2) by striking ‘‘account under subparagraph

19 (A)’’ and inserting ‘‘account under section 807(a) of

20 the Federal Lands Recreation Enhancement Act (16

21 U.S.C. 6806(a))’’.

22 (c) Except as provided in this section, section

23 4(i)(1)(C) of the Land and Water Conservation Fund Act

24 of 1965 (16 U.S.C. 460l-6a(i)(1)(C)) shall be applied and

25 administered as if section 813(a) of the Federal Lands
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1 Recreation Enhancement Act (16 U.S.C. 6812(a)) (and the

2 amendments made by that section) had not been enacted.

3 (d) This section and the amendments made by this sec4 tion take effect on December 8, 2004.

5 SEC. 432. Section 323(a) of the Department of the In6 terior and Related Agencies Appropriations Act, 1999 (16

7 U.S.C. 1011 note; Public Law 105–277), is amended by

8 striking ‘‘fiscal year 1999’’ and all that follows through

9 ‘‘2005’’ and inserting ‘‘for each of fiscal years 2006 through

10 2015’’.

11 SEC. 433. CONGRESSIONAL SECURITY RELATING TO

12 CERTAIN REAL PROPERTY. (a) IN GENERAL.—Except as

13 provided under subsection (b)—

14 (1) the District of Columbia Board of Zoning

15 Adjustments and the District of Columbia Zoning

16 Commission may not take any action to grant any

17 variance relating to the property located at 51 Lou18 isiana Avenue NW, Square 631, Lot 17 in the Dis19 trict of Columbia; and

20 (2) if any variance described under paragraph

21 (1) is granted before the effective date of this section,

22 such variance shall be set aside and shall have no

23 force or effect.
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1 (b) CONDITIONS FOR VARIANCE.—A variance described

2 under subsection (a) may be granted or shall be given force

3 or effect if—

4 (1) the Capitol Police Board makes a determina5 tion that any such variance shall not—

6 (A) negatively impact congressional secu7 rity; and

8 (B) increase Federal expenditures relating

9 to congressional security;

10 (2) the Majority and Minority Leaders of the

11 Senate and the Speaker and Minority Leader of the

12 House of Representatives approve such determination;

13 and

14 (3) the Capitol Police Board certifies the deter15 mination in writing to the District of Columbia

16 Board of Zoning Adjustments and the District of Co17 lumbia Zoning Commission.

18 (c) EFFECTIVE DATE.—This section shall take effect

19 on the date of enactment of this Act and apply to the re20 maining portion of the fiscal year in which enacted and

21 each fiscal year thereafter.

22 SEC. 434. BISCUIT FIRE RECOVERY PROJECT, RE23 PORT. (a) Within 90 days of enactment of this Act, the Sec24 retary of Agriculture shall submit to Congress a report re-
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1 garding the rehabilitation of the Biscuit Fire area in south2 ern Oregon, including:

3 (1) the change in reforestation capabilities and

4 costs between the date of the containment of the Bis5 cuit Fire and the completion of the Biscuit Fire Re6 covery Project, as detailed in the Record of Decision;

7 (2) the commercial value lost, as well as recov8 ered, of fire-killed timber within the Biscuit Fire

9 area; and

10 (3) all actions included in the Record of Decision

11 for the Biscuit Fire Recovery Project, but forgone be12 cause of delay or funding shortfall.

13 SEC. 435. None of the funds made available by this

14 Act may be used in contravention of, or to delay the imple15 mentation of, Executive Order No. 12898 of February 11,

16 1994 (59 Fed. Reg. 7629; relating to Federal actions to ad17 dress environmental justice in minority populations and

18 low-income populations).

19 SEC. 436. None of the funds made available in this

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

21 or to delay the implementation of that section.

22 SEC. 437. (a) FINDINGS.—The Senate makes the fol23 lowing findings:
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1 (1) The on-budget deficit for fiscal year 2005 is

2 estimated to be $541,000,000,000 according to the

3 Congressional Budget Office.

4 (2) Total publicly-held Federal debt on which the

5 American taxpayer pays interest is expected to reach

6 $6,000,000,000,000 by 2011 according to the Congres7 sional Budget Office.

8 (3) The United States and its allies are cur9 rently engaged in a global war on terrorism.

10 (b) SENSE OF THE SENATE.— It is the sense of the

11 Senate that:

12 (1) The servicemen and women of the United

13 States Armed Forces deserve the full support of the

14 Senate as they seek to preserve the safety and security

15 of the American people.

16 (2) Activities relating to the defense of the

17 United States and the global war on terror should be

18 fully funded.

19 (3) Activities relating to the defense of the

20 United States and the global war on terror should not

21 be underfunded in order to support increased Federal

22 spending on non-defense discretionary activities.

23 SEC. 438. Section 5(c) of the National Trails System

24 Act (16 U.S.C. 1244(c)) is amended by adding at the end

25 the following:
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1 ‘‘(43)(A) The Captain John Smith Chesapeake Na2 tional Historic Watertrail, a series of routes extending ap3 proximately 3000 miles along the Chesapeake Bay and the

4 tributaries of the Chesapeake Bay in the States of Virginia,

5 Maryland, Pennsylvania, and Delaware and the District

6 of Columbia that traces Captain John Smith’s voyages

7 charting the land and waterways of the Chesapeake Bay

8 and the tributaries of the Chesapeake Bay.

9 ‘‘(B) The study shall be conducted in consultation with

10 Federal, State, regional, and local agencies and representa11 tives of the private sector, including the entities responsible

12 for administering—

13 ‘‘(i) the Chesapeake Bay Gateways and

14 Watertrails Network authorized under the Chesapeake

15 Bay Initiative Act of 1998 (16 U.S.C. 461 note; Pub16 lic Law 105–312); and

17 ‘‘(ii) the Chesapeake Bay Program authorized

18 under section 117 of the Federal Water Pollution Con19 trol Act (33 U.S.C. 1267).’’.

20 SEC. 439. (a) From the money in the Treasury not

21 otherwise obligated or appropriated, there are appropriated

22 to the Department of Veterans Affairs $1,500,000,000 for

23 the fiscal year ending September 30, 2005, for medical serv24 ices provided by the Veterans Health Administration, which

25 shall be available until expended.
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1 (b) The amount appropriated under subsection (a)—

2 (1) is designated as an emergency requirement

3 pursuant to section 402 of H. Con. Res. 95 (109th

4 Congress); and

5 (2) shall remain available until expended.

6 (c) This section shall take effect on the date of enact7 ment of this Act.

8 TITLE V—FACILITY REALIGNMENT AND

9 ENHANCEMENT ACT OF 2005

10 SEC. 501. SHORT TITLE. This title may be cited as

11 the ‘‘Forest Service Facility Realignment and Enhancement

12 Act of 2005’’.

13 SEC. 502. DEFINITIONS. In this title:

14 (1) ADMINISTRATIVE SITE.—

15 (A) IN GENERAL.—The term ‘‘administra16 tive site’’ means—

17 (i) any facility or improvement, in18 cluding curtilage that was acquired or is

19 used specifically for purposes of administra20 tion of the National Forest System; and

21 (ii) any associated Federal land nec22 essary to include for efficient administra23 tion of the National Forest System that was

24 acquired or is utilized specifically for pur25 poses of administration of Forest Service
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1 activities and underlies or abuts an admin2 istrative facility, improvement, or curtilage;

3 or

4 (iii) up to 10 isolated parcels of not

5 more than 80 acres which were acquired for

6 administrative purposes but have not been

7 utilized, such as vacant town lots outside of

8 a National Forest proclaimed boundary.

9 (B) INCLUSIONS.—The term ‘‘administra10 tive site’’ includes—

11 (i) a forest headquarters;

12 (ii) a ranger station;

13 (iii) a research station or laboratory;

14 (iv) a dwelling;

15 (v) a warehouse;

16 (vi) a scaling station;

17 (vii) a fire-retardant mixing station;

18 (viii) a lookout;

19 (ix) a visitor center;

20 (x) a guard station;

21 (xi) a storage facility;

22 (xii) a telecommunication facility; and

23 (xiii) other administrative installa24 tions for conducting Forest Service activi25 ties.
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1 (C) EXCLUSIONS.—Federal land to be con2 veyed under this Act shall not include—

3 (i) any area within a unit of the Na4 tional Forest System specifically designated

5 for resource protection, conservation, or rec6 reational purposes, including land within

7 the National Wilderness Preservation Sys8 tem, the Wild and Scenic River System,

9 and National Monuments; or

10 (ii) land that is needed for resource

11 management purposes or that would be in

12 the public interest to retain.

13 (2) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the General Serv15 ices Administration.

16 (3) MARKET ANALYSIS.—The term ‘‘market anal17 ysis’’ means the identification and study of the real

18 estate market for a particular economic good or serv19 ice.

20 (4) SECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of Agriculture.

22 SEC. 503. AUTHORIZATION OF CONVEYANCES. (a) IN

23 GENERAL.—For fiscal years 2006–2009, the Secretary may

24 convey, by sale, lease, exchange, a combination of sales and
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1 exchanges, or by other means, any administrative site or

2 interest in an administrative site that is—

3 (1) except for those administrative sites described

4 in section 502(1)(A)(iii), less than 40 acres for each

5 administrative site or compound of administrative

6 sites; and

7 (2) under the jurisdiction of the Secretary.

8 (b) LEAD-BASED PAINT AND ASBESTOS ABATE9 MENT.—

10 (1) IN GENERAL.—Notwithstanding any other

11 provisions of law, in any conveyance under subsection

12 (a), the Secretary shall not be required to mitigate or

13 abate lead-based paint or asbestos-containing building

14 materials with respect to the administrative site con15 veyed.

16 (2) NOTICE.—Notwithstanding paragraph (1), if

17 the administrative site being conveyed has lead-based

18 paint or asbestos-containing building materials, the

19 Secretary shall—

20 (A) provide to the person acquiring the ad21 ministrative site notice of the presence of lead22 based paint or asbestos-containing material; and

23 (B) obtain from the person acquiring the

24 administrative site a written assurance that the

25 person will comply with applicable Federal,
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1 State, and local laws relating to the management

2 of the lead-based paint or asbestos-containing

3 materials.

4 (c) FEDERAL PROPERTY AND ADMINISTRATIVE SERV5 ICES.—A conveyance under this section shall not be subject

6 to subchapter I of chapter 5, title 40, United States Code.

7 (d) NOTICE TO CONGRESS.—At least once a year, the

8 Secretary shall submit to the Committee on Appropriations

9 and the Committee on Resources of the House of Representa10 tives and the Committee on Appropriations and the Com11 mittee on Energy and Natural Resources of the Senate no12 tice of any conveyances under this section.

13 (e) ENVIRONMENTAL REVIEW.—In any environmental

14 review or analysis required under the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the

16 disposal of an administrative site under this section, the

17 Secretary shall only consider or analyze the most reason18 ably foreseeable use of the administrative site as determined

19 through a market analysis and whether to reserve any right,

20 title, or interest in the administrative site under subsection

21 (f)(3).

22 (f) CONFIGURATION OF LAND.—

23 (1) IN GENERAL.—To facilitate a conveyance

24 under this section, the Secretary may configure the

25 administrative site to be conveyed to—
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1 (A) maximize the marketability of the ad2 ministrative site; and

3 (B) achieve management objectives.

4 (2) IMPROVEMENTS.—Improvements to the ad5 ministrative site to be conveyed may be severed from

6 the land and disposed of in separate conveyances.

7 (3) RESERVATION.—In any disposition of an ad8 ministrative site under this section, the Secretary

9 may reserve any right, title, and interest in and to

10 the administrative site that the Secretary determines

11 to be necessary, including—

12 (A) a reservation of water rights;

13 (B) a right-of-way; and

14 (C) a utility easement.

15 (g) CONSIDERATION.—

16 (1) AMOUNT.—In consideration for a conveyance

17 authorized under subsection (a), the purchaser shall

18 pay to the Secretary the amount that is equal to the

19 fair market value of the administrative site conveyed,

20 as provided in paragraph (3).

21 (2) APPRAISAL.—The Secretary shall determine

22 fair market value by—

23 (A) conducting an appraisal that is per24 formed in accordance with the Uniform Ap25 praisal Standards for Federal Land Acquisitions
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1 and the Uniform Standards of Professional Ap2 praisal practice; or

3 (B) competitive sale.

4 (3) FORM.—

5 (A) SALE.—Consideration for a sale under

6 this section shall be paid in cash on conveyance

7 of the administrative site.

8 (B) EXCHANGE.—

9 (i) EQUAL IN VALUE.—Consideration

10 for an exchange of land or an improvement

11 to land under this section shall be in the

12 form of a conveyance of land or improve13 ment that is equal in value to the adminis14 trative site conveyed.

15 (ii) NOT EQUAL IN VALUE.—If the val16 ues of land or improvements to be ex17 changed under this Act and described in

18 clause (i) are not equal, the values may be

19 equalized by—

20 (I) the Secretary making a cash

21 payment to the purchaser;

22 (II) the purchaser making a cash

23 equalization payment to the Secretary;

24 or
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1 (III) reducing the value of the ad2 ministrative site or the non-Federal

3 land or improvements, as appropriate.

4 (h) REJECTION OF OFFERS.—The Secretary shall re5 ject any offer made under this section if the Secretary deter6 mines that the offer is not—

7 (1) adequate to provide market value under sub8 section (g)(1); or

9 (2) in the public interest.

10 (i) BROKERAGE SERVICES.—The Secretary may use

11 the proceeds of sales or exchanges under this section to pay

12 reasonable commissions or fees for brokerage services if the

13 Secretary determines that the services are in the public in14 terest.

15 (j) DISPOSITION OF PROCEEDS.—

16 (1) IN GENERAL.—After deducting any costs of

17 the Secretary relating to a conveyance, the Secretary

18 shall deposit the proceeds from the conveyance in the

19 fund established under Public Law 90–171 (com20 monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).

21 (2) USE.—Amounts deposited under paragraph

22 (1) shall remain available to the Secretary until ex23 pended, without further appropriation, to pay any

24 necessary and incidental costs of the Secretary for the

25 acquisition, improvement, deferred maintenance, con-
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1 struction of new facilities; and disposition of admin2 istrative sites and capital improvements on National

3 Forest System land.

4 (k) CONSULTATION WITH ADMINISTRATOR.—As ap5 propriate, the Secretary is encouraged to work with the Ad6 ministrator with respect to the conveyance of administra7 tive sites.

8 SEC. 504. WORKING CAPITAL FUND. (a) IN GEN9 ERAL.—Section 13 of the Department of Agriculture Or10 ganic Act of 1956 (16 U.S.C. 579b) is amended to read as

11 follows:

12 ‘‘SEC. 13. WORKING CAPITAL FUND.

13 ‘‘(a) ESTABLISHMENT.—There is established a working

14 capital fund (referred to in this section as the ‘Fund’),

15 which shall be available without fiscal year limitation.

16 ‘‘(b) USE.—Amounts in the Fund shall be used to pay

17 the costs of purchasing, constructing, performing capital re18 pairs on, renovating, rehabilitating, disposing, or replacing

19 buildings and to carry out deferred maintenance and im20 provements to land for programs of the Forest Service, sub21 ject to any limitations in appropriations for the Forest

22 Service.

23 ‘‘(c) TRANSFER AND CAPITALIZATION.—The Secretary

24 of Agriculture (referred to in this section as the ‘Secretary’)

25 may—
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1 ‘‘(1) transfer to the Fund, without reimburse2 ment, and capitalize in the Fund at fair and reason3 able values, any receivables, inventories, equipment,

4 buildings, improvements, and other assets as the Sec5 retary determines to be appropriate; and

6 ‘‘(2) assume the liabilities associated with the as7 sets transferred under paragraph (1).

8 ‘‘(d) ADVANCE PAYMENTS.—The fund shall be credited

9 with advance payments in connection with firm orders and

10 reimbursements from appropriations and funds of the For11 est Service, other departmental and Federal agencies, and

12 from other sources, as authorized by law, at rates approxi13 mately equal to the cost of furnishing the facilities and serv14 ice.’’.

15 (b) SAVINGS CLAUSE.—The amendment made by sub16 section (a) shall not affect the status of funds and assets

17 in the working capital fund established by section 13 of the

18 Department of Agriculture Organic Act of 1956 (16 U.S.C.

19 579b) as in effect on the date of enactment of this section.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 2361

AMENDMENT