IB 

109TH CONGRESS 

1ST SESSION H. R. 2361 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2005 

Ordered to be printed with the amendment of the Senate 

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

AN ACT 

Making appropriations for the Department of the Interior, 

environment, and related agencies for the fiscal year 

ending September 30, 2006, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior, environment, and related 

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

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

2 BUREAU OF LAND MANAGEMENT

3 MANAGEMENT OF LANDS AND RESOURCES

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

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

10 of the Bureau of Land Management, including the general 

11 administration of the Bureau, and assessment of mineral 

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

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

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

15 projects, to be carried out by the Youth Conservation 

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

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

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

20 and such funds shall be advanced to the Foundation as 

21 a lump sum grant without regard to when expenses are 

22 incurred. 

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

2 Bureau and credited to this appropriation from annual 

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

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

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

7 the cost of administering communication site activities. 

8 WILDLAND FIRE MANAGEMENT

9 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

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

17 for repayment of advances to other appropriation accounts 

18 from which funds were previously transferred for such 

19 purposes: Provided further, That persons hired pursuant 

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

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

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

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

2 available without fiscal year limitation: Provided further, 

3 That using the amounts designated under this title of this 

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

6 hazardous fuels reduction activities, and for training and 

7 monitoring associated with such hazardous fuels reduction 

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

9 land for activities that benefit resources on Federal land: 

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

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

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

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

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

21 hire or train locally a significant percentage, defined as 

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

23 such contracts: Provided further, That in implementing 

24 this section, the Secretary shall develop written guidance 

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

2 That funds appropriated under this head may be used to 

3 reimburse the United States Fish and Wildlife Service and 

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

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

9 further, That the Secretary of the Interior may use 

10 wildland fire appropriations to enter into non-competitive 

11 sole source leases of real property with local governments, 

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

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

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

17 construction activity associated with the lease: Provided 

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

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

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

3 CONSTRUCTION

4 For construction of buildings, recreation facilities, 

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

6 remain available until expended. 

7 LAND ACQUISITION

8 For expenses necessary to carry out sections 205, 

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

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

12 and Water Conservation Fund and to remain available 

13 until expended. 

14 OREGON AND CALIFORNIA GRANT LANDS

15 For expenses necessary for management, protection, 

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

18 other improvements on the revested Oregon and California 

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

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

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

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

25 aggregate of all receipts during the current fiscal year 

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

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

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

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

6 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

7 (REVOLVING FUND, SPECIAL ACCOUNT)

8 In addition to the purposes authorized in Public Law 

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

10 Health and Recovery Fund can be used for the purpose 

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

13 activities, such as release from competing vegetation and 

14 density control treatments. The Federal share of receipts 

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

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

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

18 treatments funded by this account shall be deposited into 

19 the Forest Ecosystem Health and Recovery Fund. 

20 RANGE IMPROVEMENTS

21 For rehabilitation, protection, and acquisition of 

22 lands and interests therein, and improvement of Federal 

23 rangelands pursuant to section 401 of the Federal Land 

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

25 notwithstanding any other Act, sums equal to 50 percent 

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

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

4 Bankhead-Jones lands transferred to the Department of 

5 the Interior pursuant to law, but not less than 

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

8 administrative expenses. 

9 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

10 For administrative expenses and other costs related 

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

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

16 and for rehabilitation of damaged property, such amounts 

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

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

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

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

23 forfeiture, compromise, or settlement, if not appropriate 

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

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

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

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

4 purchaser, permittee, or any unauthorized person, without 

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

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

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

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

10 repair other damaged public lands. 

11 MISCELLANEOUS TRUST FUNDS

12 In addition to amounts authorized to be expended 

13 under existing laws, there is hereby appropriated such 

14 amounts as may be contributed under section 307 of the 

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

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

19 available until expended. 

20 ADMINISTRATIVE PROVISIONS

21 Appropriations for the Bureau of Land Management 

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

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

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

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

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

9 jointly produced publications for which the cooperators 

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

11 and the Bureau determines the cooperator is capable of 

12 meeting accepted quality standards. 

13 UNITED STATES FISH AND WILDLIFE SERVICE

14 RESOURCE MANAGEMENT

15 For necessary expenses of the United States Fish and 

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

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

19 general administration, and for the performance of other 

20 authorized functions related to such resources by direct 

21 expenditure, contracts, grants, cooperative agreements 

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

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

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

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

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

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

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

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

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

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

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

14 of the amount available for law enforcement, up to 

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

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

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

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

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

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

7 available until expended. 

8 LAND ACQUISITION

9 For expenses necessary to carry out the Land and 

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

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

13 therein, in accordance with statutory authority applicable 

14 to the United States Fish and Wildlife Service, 

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

17 Provided, That land and non-water interests acquired 

18 from willing sellers incidental to water rights acquired for 

19 the transfer and use at Lower Klamath and Tule Lake 

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

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

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

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

3 LANDOWNER INCENTIVE PROGRAM

4 For expenses necessary to carry out the Land and 

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

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

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

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

11 herein is for a Landowner Incentive Program established 

12 by the Secretary that provides matching, competitively 

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

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

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

19 and restoration, to private landowners for the protection 

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

22 PRIVATE STEWARDSHIP GRANTS

23 For expenses necessary to carry out the Land and 

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

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

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

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

8 candidate, or other at-risk species. 

9 COOPERATIVE ENDANGERED SPECIES CONSERVATION

10 FUND

11 For expenses necessary to carry out section 6 of the 

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

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

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

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

18 NATIONAL WILDLIFE REFUGE FUND

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

21 NORTH AMERICAN WETLANDS CONSERVATION FUND

22 For expenses necessary to carry out the provisions 

23 of the North American Wetlands Conservation Act, Public 

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

2 For financial assistance for projects to promote the 

3 conservation of neotropical migratory birds in accordance 

4 with the Neotropical Migratory Bird Conservation Act, 

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

6 to remain available until expended. 

7 MULTINATIONAL SPECIES CONSERVATION FUND

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

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

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

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

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

17 until expended. 

18 STATE AND TRIBAL WILDLIFE GRANTS

19 For wildlife conservation grants to States and to the 

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

21 States Virgin Islands, the Northern Mariana Islands, 

22 American Samoa, and federally recognized Indian tribes 

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

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

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

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

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

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

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

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

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

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

16 shall apportion the remaining amount in the following 

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

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

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

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

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

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

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

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

2 Provided further, That the Federal share of planning 

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

4 such projects and the Federal share of implementation 

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

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

7 share of such projects may not be derived from Federal 

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

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

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

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

14 and associated habitats, with appropriate priority placed 

15 on those species with the greatest conservation need and 

16 taking into consideration the relative level of funding 

17 available for the conservation of those species: Provided 

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

19 receive a grant if its comprehensive wildlife conservation 

20 plan is disapproved and such funds that would have been 

21 distributed to such State, territory, or other jurisdiction 

22 shall be distributed equitably to States, territories, and 

23 other jurisdictions with approved plans: Provided further, 

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

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

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

7 ADMINISTRATIVE PROVISIONS

8 Appropriations and funds available to the United 

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

11 public roads within and adjacent to reservation areas 

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

14 incident to such public recreational uses on conservation 

15 areas as are consistent with their primary purpose; and 

16 the maintenance and improvement of aquaria, buildings, 

17 and other facilities under the jurisdiction of the Service 

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

19 used pursuant to law in connection with management, and 

20 investigation of fish and wildlife resources: Provided, That 

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

22 cooperative cost sharing and partnership arrangements 

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

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

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

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

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

6 Service may accept donated aircraft as replacements for 

7 existing aircraft: Provided further, That, notwithstanding 

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

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

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

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

15 contained in House Report 108–330. 

16 NATIONAL PARK SERVICE

17 OPERATION OF THE NATIONAL PARK SYSTEM

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

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

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

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

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

7 National Park Service automated facility management 

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

11 only funds in this account which may be made available 

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

14 to established National Park Service procedures, those 

15 funds needed to maintain and repair United States Park 

16 Police administrative facilities, and those funds necessary 

17 to reimburse the United States Park Police account for 

18 the unbudgeted overtime and travel costs associated with 

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

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

22 UNITED STATES PARK POLICE

23 For expenses necessary to carry out the programs of 

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

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

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

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

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

8 Conservation Assistance program may be used for cash 

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

11 HISTORIC PRESERVATION FUND

12 For expenses necessary in carrying out the Historic 

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

14 and the Omnibus Parks and Public Lands Management 

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

16 derived from the Historic Preservation Fund, to remain 

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

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

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

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

22 further, That individual projects shall only be eligible for 

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

24 shall be approved by the Secretary of the Interior in con25 sultation with the House and Senate Committees on Ap26 propriations and the President’s Committee on the Arts 
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1 and Humanities prior to the commitment of Save Amer2 ica’s Treasures grant funds: Provided further, That Save 

3 America’s Treasures funds allocated for Federal projects, 

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

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

7 seq. the National Endowment for the Arts may award 

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

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

13 CONSTRUCTION

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

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

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

19 modified water deliveries to Everglades National Park 

20 shall be derived by transfer from unobligated balances in 

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

22 Everglades National Park land acquisitions: Provided, 

23 That none of the funds available to the National Park 

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

26 without advance approval of the House and Senate Com-
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1 mittees on Appropriations: Provided further, That, not2 withstanding any other provision of law, the National 

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

5 new facilities without advance approval of the House and 

6 Senate Committees on Appropriations: Provided further, 

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

9 Park shall be expended consistent with the requirements 

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

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

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

13 or construction of any underground security screening or 

14 visitor contact facility at the Washington Monument until 

15 such facility has been approved in writing by the House 

16 and Senate Committees on Appropriations. 

17 LAND AND WATER CONSERVATION FUND

18 (RESCISSION)

19 The contract authority provided for fiscal year 2006 

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

21 LAND ACQUISITION AND STATE ASSISTANCE

22 For expenses necessary to carry out the Land and 

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

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

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

26 in accordance with the statutory authority applicable to 
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1 the National Park Service, $9,421,000, to be derived from 

2 the Land and Water Conservation Fund and to remain 

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

4 administration of the State assistance program. 

5 ADMINISTRATIVE PROVISIONS

6 Appropriations for the National Park Service shall be 

7 available for the purchase of not to exceed 245 passenger 

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

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

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

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

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

17 agreement has been submitted to the Congress and shall 

18 not be implemented prior to the expiration of 30 calendar 

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

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

22 by the Speaker of the House of Representatives and the 

23 President of the Senate of a full and comprehensive report 

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

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

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1 cal year 2006 and thereafter, appropriations available to 

2 the National Park Service may be used to maintain the 

3 following areas in Washington, District of Columbia: 

4 Jackson Place, Madison Place, and Pennsylvania Avenue 

5 between 15th and 17th Streets, Northwest. 

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

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

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

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

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

15 for which they are medically able. 

16 If the Secretary of the Interior considers the decision 

17 of any value determination proceeding conducted under a 

18 National Park Service concession contract issued prior to 

19 November 13, 1998, to misinterpret or misapply relevant 

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

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

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

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

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

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

5 within the National Park System to extinguish or reduce 

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

8 the extent that the benefiting unit anticipated franchise 

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

11 liability. Franchise fees at the benefiting unit shall be 

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

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

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

15 to extinguish or reduce liability. 

16 UNITED STATES GEOLOGICAL SURVEY

17 SURVEYS, INVESTIGATIONS, AND RESEARCH

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

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

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

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

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

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

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

9 only for cooperation with States or municipalities for 

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

11 remain available until expended for satellite operations; of 

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

13 2007, for the operation and maintenance of facilities and 

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

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

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

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

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

22 property, unless specifically authorized in writing by the 

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

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

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1 lection and investigations carried on in cooperation with 

2 States and municipalities. 

3 ADMINISTRATIVE PROVISIONS

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

7 the General Services Administration for security guard 

8 services; contracting for the furnishing of topographic 

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

11 such procedures are in the public interest; construction 

12 and maintenance of necessary buildings and appurtenant 

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

15 Committee on Geology; and payment of compensation and 

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

18 and administration of interstate compacts: Provided, That 

19 activities funded by appropriations herein made may be 

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

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

24 directly with individuals or indirectly with institutions or 

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

26 for the temporary or intermittent services of students or 
29 

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1 recent graduates, who shall be considered employees for 

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

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

7 MINERALS MANAGEMENT SERVICE

8 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

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

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

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

14 for matching grants or cooperative agreements; including 

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

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

19 be credited to this appropriation and to remain available 

20 until expended, from additions to receipts resulting from 

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

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

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

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

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

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

7 Outer Continental Shelf leases in effect before August 5, 

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

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

11 be available for reasonable expenses related to promoting 

12 volunteer beach and marine cleanup activities: Provided 

13 further, That notwithstanding any other provision of law, 

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

15 of overpayments in connection with certain Indian leases 

16 in which the Director of MMS concurred with the claimed 

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

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

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

22 Petroleum Reserve, use a portion of the revenues from 

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

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

HR 2361 PP 

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

2 transportation costs, salaries, and other administrative 

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

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

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

10 OIL SPILL RESEARCH

11 For necessary expenses to carry out title I, section 

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

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

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

16 OFFICE OF SURFACE MINING RECLAMATION AND

17 ENFORCEMENT

18 REGULATION AND TECHNOLOGY

19 For necessary expenses to carry out the provisions 

20 of the Surface Mining Control and Reclamation Act of 

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

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

25 directly or through grants to States, moneys collected in 

26 fiscal year 2006 for civil penalties assessed under section 
32 

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1 518 of the Surface Mining Control and Reclamation Act 

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

4 remain available until expended: Provided further, That 

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

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

9 sponsored training. 

10 ABANDONED MINE RECLAMATION FUND

11 For necessary expenses to carry out title IV of the 

12 Surface Mining Control and Reclamation Act of 1977, 

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

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

16 the Abandoned Mine Reclamation Fund and to remain 

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

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

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

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

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

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

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

HR 2361 PP 

1 delinquent debt owed to the United States Government to 

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

3 That funds made available under title IV of Public Law 

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

5 of the cost of projects funded by the Federal Government 

6 for the purpose of environmental restoration related to 

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

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

12 the Surface Mining Control and Reclamation Act of 1977 

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

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

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

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

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

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

21 sponsored training. 

22 ADMINISTRATIVE PROVISIONS

23 With funds available for the Technical Innovation 

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

HR 2361 PP 

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

3 BUREAU OF INDIAN AFFAIRS

4 OPERATION OF INDIAN PROGRAMS

5 For expenses necessary for the operation of Indian 

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

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

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

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

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

13 September 30, 2007 except as otherwise provided herein, 

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

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

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

19 tribal organizations for contract support costs associated 

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

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

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

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

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

HR 2361 PP 

1 nizations may use their tribal priority allocations for 

2 unmet contract support costs of ongoing contracts, grants, 

3 or compacts, or annual funding agreements and for unmet 

4 welfare assistance costs; and of which not to exceed 

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

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

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

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

10 housing improvement, road maintenance, attorney fees, 

11 litigation support, the Indian Self-Determination Fund, 

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

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

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

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

17 from such amounts made available for school operations 

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

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

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

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

23 available for school operations shall be available for the 

24 transitional costs of initial administrative cost grants to 

25 tribes and tribal organizations that enter into grants for 
36 

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

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

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

5 an Indian forest land assistance account established for 

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

9 2008. 

10 CONSTRUCTION

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

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

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

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

18 available until expended: Provided, That such amounts as 

19 may be available for the construction of the Navajo Indian 

20 Irrigation Project may be transferred to the Bureau of 

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

24 be used to cover the road program management costs of 

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

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

HR 2361 PP 

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

3 new construction or facilities improvement and repair 

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

5 tribally controlled grant schools under Public Law 100– 

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

7 the Administrative and Audit Requirements and Cost 

8 Principles for Assistance Programs contained in 43 CFR 

9 part 12 as the regulatory requirements: Provided further, 

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

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

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

14 the Secretary shall consider whether the Indian tribe or 

15 tribal organization would be deficient in assuring that the 

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

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

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

21 application, the Secretary shall follow the requirements 

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

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

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

HR 2361 PP 

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

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

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

5 tribe or tribal organization receiving funds appropriated 

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

7 planning and design phase of the project and commenced 

8 construction of the replacement school: Provided further, 

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

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

14 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

15 MISCELLANEOUS PAYMENTS TO INDIANS

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

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

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

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

22 of other land and water rights settlements, of which 

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

24 Quinault Indian Nation pursuant to the terms of the 

25 North Boundary Settlement Agreement dated July 14, 
39 

HR 2361 PP 

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

3 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

4 For the cost of guaranteed and insured loans, 

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

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

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

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

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

12 not to exceed $118,884,000. 

13 ADMINISTRATIVE PROVISIONS

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

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

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

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

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

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

HR 2361 PP 

1 exhibits, and purchase and replacement of passenger 

2 motor vehicles. 

3 Notwithstanding any other provision of law, no funds 

4 available to the Bureau of Indian Affairs for central office 

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

8 agreements with the Bureau of Indian Affairs under the 

9 provisions of the Indian Self-Determination Act or the 

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

11 413). 

12 In the event any tribe returns appropriations made 

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

14 distribution to other tribes, this action shall not diminish 

15 the Federal Government’s trust responsibility to that 

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

19 Notwithstanding any other provision of law, no funds 

20 available to the Bureau, other than the amounts provided 

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

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

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

24 Appropriations made available in this or any other 

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

HR 2361 PP 

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

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

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

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

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

9 is defined in section 1146 of the Education Amendments 

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

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

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

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

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

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

18 separate and apart from Bureau funds, and the Bureau 

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

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

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

HR 2361 PP 

1 ed as Federal employees for purposes of chapter 171 of 

2 title 28, United States Code. 

3 Notwithstanding any other provision of law, including 

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

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

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

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

11 formula. 

12 DEPARTMENTAL OFFICES

13 INSULAR AFFAIRS

14 ASSISTANCE TO TERRITORIES

15 For expenses necessary for assistance to territories 

16 under the jurisdiction of the Department of the Interior, 

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

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

20 controls, coral reef initiative activities, and brown tree 

21 snake control and research; grants to the judiciary in 

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

HR 2361 PP 

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

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

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

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

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

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

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

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

17 the Northern Mariana Islands approved by Public Law 

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

19 for technical assistance, sufficient funds shall be made 

20 available for a grant to the Pacific Basin Development 

21 Council: Provided further, That of the amounts provided 

22 for technical assistance, sufficient funding shall be made 

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

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

25 maintenance improvement are appropriated to institu-
44 

HR 2361 PP 

1 tionalize routine operations and maintenance improvement 

2 of capital infrastructure with territorial participation and 

3 cost sharing to be determined by the Secretary based on 

4 the grantee’s commitment to timely maintenance of its 

5 capital assets: Provided further, That any appropriation 

6 for disaster assistance under this heading in this Act or 

7 previous appropriations Acts may be used as non-Federal 

8 matching funds for the purpose of hazard mitigation 

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

10 Stafford Disaster Relief and Emergency Assistance Act 

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

12 COMPACT OF FREE ASSOCIATION

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

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

16 Association for the Republic of Palau; and section 

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

18 Government of the Republic of the Marshall Islands, and 

19 the Government of the United States and the Federated 

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

21 658 and Public Law 108–188. 

22 DEPARTMENTAL MANAGEMENT

23 SALARIES AND EXPENSES

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

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

HR 2361 PP 

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

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

9 the two authorized reserves without prior approval of the 

10 House and Senate Committees on Appropriations. 

11 PAYMENTS IN LIEU OF TAXES

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

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

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

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

18 amount of the payment is less than $100. 

19 CENTRAL HAZARDOUS MATERIALS FUND

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

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

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

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

HR 2361 PP 

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

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

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

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

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

8 paid by any party are not limited to monetary payments 

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

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

11 disposed of by the Secretary and which shall be credited 

12 to this account. 

13 OFFICE OF THE SOLICITOR

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of the Solicitor, 

16 $55,340,000. 

17 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Inspector 

20 General, $39,566,000. 

21 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

22 FEDERAL TRUST PROGRAMS

23 For the operation of trust programs for Indians by 

24 direct expenditure, contracts, cooperative agreements, 

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

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

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

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

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

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

10 Tribes and Tribal organizations through contracts or 

11 grants obligated during fiscal year 2006, as authorized by 

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

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

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

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

20 has been furnished with an accounting of such funds from 

21 which the beneficiary can determine whether there has 

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

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

24 to provide a quarterly statement of performance for any 

25 Indian trust account that has not had activity for at least 
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1 18 months and has a balance of $1.00 or less: Provided 

2 further, That the Secretary shall issue an annual account 

3 statement and maintain a record of any such accounts and 

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

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

7 available for the Secretary to make payments to correct 

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

10 September 30, 2002: Provided further, That erroneous 

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

13 INDIAN LAND CONSOLIDATION

14 For consolidation of fractional interests in Indian 

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

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

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

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

23 may be expended pursuant to the authorities contained in 

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

25 for American Indians, Indian Land Consolidation’’ of the 
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1 Interior and Related Agencies Appropriations Act, 2001 

2 (Public Law 106–291). 

3 NATURAL RESOURCES DAMAGE ASSESSMENT AND

4 RESTORATION

5 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

6 To conduct natural resource damage assessment and 

7 restoration activities by the Department of the Interior 

8 necessary to carry out the provisions of the Comprehensive 

9 Environmental Response, Compensation, and Liability 

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

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

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

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

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

15 available until expended. 

16 ADMINISTRATIVE PROVISIONS

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

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

22 being replaced may be sold, with proceeds derived or 

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

24 replacement aircraft: Provided further, That no programs 

25 funded with appropriated funds in the ‘‘Departmental 

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

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1 spector General’’ may be augmented through the Working 

2 Capital Fund: Provided further, That the annual budget 

3 justification for Departmental Management shall describe 

4 estimated Working Capital Fund charges to bureaus and 

5 offices, including the methodology on which charges are 

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

8 Management budget justification shall be presented to the 

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

12 support agreements between the Office of the Secretary 

13 and the National Business Center and the bureaus and 

14 offices of the Department, including the amounts billed 

15 pursuant to such agreements. 

16 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

18 available for expenditure or transfer (within each bureau 

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

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

25 available to the Department of the Interior for emer-
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1 gencies shall have been exhausted, and must be replen2 ished by a supplemental appropriation which must be re3 quested as promptly as possible. 

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

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

9 under the jurisdiction of the Department of the Interior; 

10 for the emergency rehabilitation of burned-over lands 

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

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

15 damage assessment activities related to actual oil spills; 

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

17 potential grasshopper and Mormon cricket outbreaks on 

18 lands under the jurisdiction of the Secretary, pursuant to 

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

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

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

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

24 necessary to permit assumption of regulatory authority in 

25 the event a primacy State is not carrying out the regu-
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1 latory provisions of the Surface Mining Act: Provided, 

2 That appropriations made in this title for wildland fire 

3 operations shall be available for the payment of obligations 

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

7 their use for wildland fire operations, such reimbursement 

8 to be credited to appropriations currently available at the 

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

10 fire operations, no funds shall be made available under 

11 this authority until the Secretary determines that funds 

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

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

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

19 SEC. 103. Appropriations made to the Department 

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

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

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

23 maintenance, and operation of aircraft; hire of passenger 

24 motor vehicles; purchase of reprints; payment for tele25 phone service in private residences in the field, when au-
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1 thorized under regulations approved by the Secretary; and 

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

3 for library membership in societies or associations which 

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

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

8 of offshore preleasing, leasing and related activities placed 

9 under restriction in the President’s moratorium statement 

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

11 southern California; the North Atlantic; Washington and 

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

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

17 activities in the eastern Gulf of Mexico planning area for 

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

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

20 Program, 1997–2002. 

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

23 and natural gas preleasing, leasing and related activities 

24 in the Mid-Atlantic and South Atlantic planning areas. 
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1 SEC. 107. Notwithstanding any other provisions of 

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

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

5 for and regulate local non-recreational passage through 

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

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

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

10 headings Bureau of Indian Affairs and Office of Special 

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

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

16 shall not exceed amounts specifically designated in this 

17 Act for such purpose. 

18 SEC. 109. Notwithstanding any other provision of 

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

21 requirements of chapter 10 of title 25, United States 

22 Code, are deemed satisfied by a proceeding conducted by 

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

25 governing the appointments in the competitive service, for 
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1 such period of time as the Secretary determines necessary: 

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

3 so appointed may be fixed by the Secretary without regard 

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

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

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

8 a level which exceeds the maximum rate payable for the 

9 highest grade of the General Schedule, including locality 

10 pay. 

11 SEC. 110. Notwithstanding any other provision of 

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

14 tribal base funds, to alleviate tribal funding inequities by 

15 transferring funds to address identified, unmet needs, 

16 dual enrollment, overlapping service areas or inaccurate 

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

19 percent in fiscal year 2006. Under circumstances of dual 

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

22 apply. 

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

25 shall be allocated among the schools proportionate to the 
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1 unmet need of the schools as determined by the Postsec2 ondary Funding Formula adopted by the Office of Indian 

3 Education Programs. 

4 SEC. 112. Notwithstanding any other provision of 

5 law, in conveying the Twin Cities Research Center under 

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

8 retain land and other forms of reimbursement: Provided, 

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

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

14 460zz. 

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

16 contract for the use of helicopters or motor vehicles on 

17 the Sheldon and Hart National Wildlife Refuges for the 

18 purpose of capturing and transporting horses and burros. 

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

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

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

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

24 land acquisition by the National Park Service for Shen25 andoah Valley Battlefields National Historic District and 
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1 Ice Age National Scenic Trail may be used for a grant 

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

4 any restriction on the use of Federal land acquisition 

5 funds provided through the Land and Water Conservation 

6 Fund Act of 1965 as amended. 

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

8 Act may be obligated or expended by the National Park 

9 Service to enter into or implement a concession contract 

10 which permits or requires the removal of the underground 

11 lunchroom at the Carlsbad Caverns National Park. 

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

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

15 pedestrian use of such bridge, when such pedestrian use 

16 is consistent with generally accepted safety standards. 

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

18 can be used to compensate the Special Master and the 

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

22 annual rate that exceeds 200 percent of the highest Senior 

23 Executive Service rate of pay for the Washington-Balti24 more locality pay area. 
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1 SEC. 118. The Secretary of the Interior may use dis2 cretionary funds to pay private attorneys fees and costs 

3 for employees and former employees of the Department 

4 of the Interior reasonably incurred in connection with 

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

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

7 insurance. In no case shall the Secretary make payments 

8 under this section that would result in payment of hourly 

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

10 District Court for the District of Columbia for counsel in 

11 Cobell v. Norton. 

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

14 threatened and endangered species of salmon, implement 

15 a system of mass marking of salmonid stocks, intended 

16 for harvest, that are released from Federally operated or 

17 Federally financed hatcheries including but not limited to 

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

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

20 identified by commercial and recreational fishers. 

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

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

24 Resource Management’’ for operational needs at the Mid25 way Atoll National Wildlife Refuge airport. 
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1 SEC. 121. (a) IN GENERAL.—Nothing in section 134 

2 of the Department of the Interior and Related Agencies 

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

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

6 (2001). 

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

8 section permits the conduct of gaming under the Indian 

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

10 described in section 123 of the Department of the Interior 

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

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

13 of whether the land or contiguous land has been taken 

14 into trust by the Secretary of the Interior. 

15 SEC. 122. No funds appropriated for the Department 

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

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

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

19 water levels required for the operation of the Glen Canyon 

20 Dam. 

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

24 fees imposed by the National Indian Gaming Commission 

25 for fiscal year 2007 shall not exceed $12,000,000. 
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1 SEC. 124. Notwithstanding any implementation of 

2 the Department of the Interior’s trust reorganization or 

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

4 Model, funds appropriated for fiscal year 2006 shall be 

5 available to the tribes within the California Tribal Trust 

6 Reform Consortium and to the Salt River Pima-Maricopa 

7 Indian Community, the Confederated Salish and Kootenai 

8 Tribes of the Flathead Reservation and the Chippewa Cree 

9 Tribe of the Rocky Boys Reservation through the same 

10 methodology as funds were distributed in fiscal year 2004. 

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

13 trust reform and reorganization and the Department shall 

14 not impose its trust management infrastructure upon or 

15 alter the existing trust resource management systems of 

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

19 Provided, That the California Trust Reform Consortium 

20 and any other participating tribe agree to carry out their 

21 responsibilities under the same written and implemented 

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

25 the capability to do so: Provided further, That the Depart-
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1 ment shall provide funds to the tribes in an amount equal 

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

3 specifically or functionally related to the provision of trust 

4 services to the tribes or their members. 

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

7 permits authorized in the Jarbidge Field Office, Bureau 

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

10 recently expired nonrenewable grazing permit, authorized 

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

12 continue in effect under the renewed permit. Nothing in 

13 this section shall be deemed to extend the nonrenewable 

14 permits beyond the standard 1-year term. 

15 SEC. 126. Notwithstanding any other provision of 

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

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

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

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

20 of operating and maintaining facilities in the support of 

21 transportation and accommodation of visitors to Ellis, 

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

23 administrative activities, by donation or with appropriated 

24 funds, including franchise fees (and other monetary con25 sideration), or by exchange; and the Secretary is author-
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1 ized to negotiate and enter into leases, subleases, conces2 sion contracts or other agreements for the use of such fa3 cilities on such terms and conditions as the Secretary may 

4 determine reasonable. 

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

6 Clark Mountain Allotment lands adjacent to the Mojave 

7 National Preserve, the Secretary shall also issue a special 

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

10 issued with the same terms and conditions as the most 

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

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

14 SEC. 128. Notwithstanding any other provision of 

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

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

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

19 commences on or about December 15, 2005. 

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

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

23 Security. The total number of staff detailed from other 

24 offices and reimbursable staff may not exceed 8 at any 

25 given time. 
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1 TITLE II—ENVIRONMENTAL PROTECTION 

2 AGENCY 

3 SCIENCE AND TECHNOLOGY

4 For science and technology, including research and 

5 development activities, which shall include research and 

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

8 1980, as amended; necessary expenses for personnel and 

9 related costs and travel expenses, including uniforms, or 

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

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

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

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

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

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

20 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

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

23 personnel and related costs and travel expenses, including 

24 uniforms, or allowances therefor, as authorized by 5 

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

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

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

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

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

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

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

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

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

12 shall remain available until September 30, 2007, including 

13 administrative costs of the brownfields program under the 

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

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector 

18 General in carrying out the provisions of the Inspector 

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

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

22 remain available until September 30, 2007. 

23 BUILDINGS AND FACILITIES

24 For construction, repair, improvement, extension, al25 teration, and purchase of fixed equipment or facilities of, 
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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 Comprehen6 sive Environmental Response, Compensation, and Liabil7 ity Act of 1980 (CERCLA), as amended, including sec8 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

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

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

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

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

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

17 to the Hazardous Substance Superfund for purposes as 

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

20 be allocated to other Federal agencies in accordance with 

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

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

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

25 and $30,606,000 shall be transferred to the ‘‘Science and 
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1 technology’’ appropriation to remain available until Sep2 tember 30, 2007. 

3 LEAKING UNDERGROUND STORAGE TANK PROGRAM

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

8 rehabilitation, and renovation of facilities, not to exceed 

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

10 until expended. 

11 OIL SPILL RESPONSE

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

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

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

16 expended. 

17 STATE AND TRIBAL ASSISTANCE GRANTS

18 (INCLUDING RESCISSIONS OF FUNDS)

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

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

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

24 grants for the Clean Water State Revolving Funds under 

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

26 amended (the ‘‘Act’’), of which up to $50,000,000 shall 
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1 be available for loans, including interest free loans as au2 thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter3 municipal, interstate, or State agencies or nonprofit enti4 ties for projects that provide treatment for or that mini5 mize sewage or stormwater discharges using one or more 

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

8 wastewater treatment, low-impact development practices, 

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

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

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

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

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

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

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

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

25 specified for such grants in the joint explanatory state-
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1 ment of the managers accompanying this Act, and, for 

2 purposes of these grants, each grantee shall contribute not 

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

4 grantee is approved for a waiver by the Agency; 

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

6 out section 104(k) of the Comprehensive Environmental 

7 Response, Compensation, and Liability Act of 1980 

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

9 agreements, and associated program support costs; 

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

12 Metropolitano community water system in San Juan; 

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

14 and replacement projects that reduce diesel emissions: 

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

16 shall be for grants, including associated program support 

17 costs, to States, federally recognized tribes, interstate 

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

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

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

23 under section 103 of the Clean Air Act for particulate 

24 matter monitoring and data collection activities of which 

25 and subject to terms and conditions specified by the Ad-
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1 ministrator, of which $52,000,000 (reduced by 

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

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

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

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

9 amounts in a State water pollution control revolving fund 

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

11 not apply to amounts included as principal in loans made 

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

13 such amounts represent costs of administering the fund 

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

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

20 use the amounts appropriated for any fiscal year under 

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

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

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

up to a total of 11 25 ⁄2 percent of the funds appropriated 
70 

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

2 be reserved by the Administrator for grants under section 

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

5 and other critical infrastructure needs of the colonias in 

6 the United States along the United States-Mexico border 

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

10 in that jurisdiction the development or construction of any 

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

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

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

16 appropriated under this heading for special project grants 

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

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

20 Water or Drinking Water Revolving Fund, as appropriate, 

21 for the State in which the special project grant recipient 

22 is located: Provided further, That excess funds remaining 

23 after completion of a special project grant shall be made 

24 available to the Clean Water or Drinking Water Revolving 

25 Fund, as appropriate, for the State in which the special 
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1 project grant recipient is located: Provided further, That 

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

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

4 project shall be made available to the Clean Water or 

5 Drinking Water Revolving Fund, as appropriate, for the 

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

9 House and Senate Committees on Appropriations and for 

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

12 heading for purposes other than those listed in the joint 

13 explanatory statements of the managers accompanying the 

14 Agency’s appropriations Acts for the construction of 

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

17 For an additional amount for the Clean Water State 

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

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

20 previously appropriated to the Environmental Protection 

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

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

25 with grants, contracts, and interagency agreements whose 
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1 availability under the original period for obligation for 

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

4 Accountability Office. 

5 ADMINISTRATIVE PROVISIONS

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

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

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

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

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

14 the Administrator in implementing Federal environmental 

15 programs for Indian Tribes required or authorized by law, 

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

18 agreements. 

19 The Administrator of the Environmental Protection 

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

22 Federal Insecticide, Fungicide, and Rodenticide Act (as 

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

24 Improvement Act of 2003), as amended. 

25 Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), ap26 propriated funds for fiscal year 2006 may be used to 
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1 award grants or loans under section 104(k) of CERCLA 

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

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

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

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

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

10 Management, make not to exceed five appointments in any 

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

12 for the Office of Research and Development. 

13 TITLE III—RELATED AGENCIES 

14 DEPARTMENT OF AGRICULTURE 

15 FOREST SERVICE

16 FOREST AND RANGELAND RESEARCH

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

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

21 program. 

22 STATE AND PRIVATE FORESTRY

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

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

7 from the Land and Water Conservation Fund: Provided, 

8 That none of the funds provided under this heading for 

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

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

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

17 Development and Recreation Act, subject to authorization. 

18 NATIONAL FOREST SYSTEM

19 For necessary expenses of the Forest Service, not 

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

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

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

24 shall include 50 percent of all moneys received during 

25 prior fiscal years as fees collected under the Land and 

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

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

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

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

6 WILDLAND FIRE MANAGEMENT

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses for forest fire presuppression 

9 activities on National Forest System lands, for emergency 

10 fire suppression on or adjacent to such lands or other 

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

13 rehabilitation of burned-over National Forest System 

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

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

19 That such funds shall be available to reimburse State and 

20 other cooperating entities for services provided in response 

21 to wildfire and other emergencies or disasters to the extent 

22 such reimbursements by the Forest Service for non-fire 

23 emergencies are fully repaid by the responsible emergency 

24 management agency: Provided further, That not less than 

25 50 percent of any unobligated balances remaining (exclu26 sive of amounts for hazardous fuels reduction) at the end 
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1 of fiscal year 2005 shall be transferred, as repayment for 

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

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

6 appropriated under this appropriation shall be used for 

7 Fire Science Research in support of the Joint Fire Science 

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

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

11 Rangeland Research appropriation, are also available in 

12 the utilization of these funds for Fire Science Research: 

13 Provided further, That funds provided shall be available 

14 for emergency rehabilitation and restoration, hazardous 

15 fuels reduction activities in the urban-wildland interface, 

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

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

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

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

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

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

24 State fire assistance, $8,000,000 is for volunteer fire as25 sistance, $15,000,000 is for forest health activities on 
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1 Federal lands and $10,000,000 is for forest health activi2 ties on State and private lands: Provided further, That 

3 amounts in this paragraph may be transferred to the 

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

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

6 State fire assistance, volunteer fire assistance, forest 

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

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

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

16 hazardous fuels treatments may be transferred to and 

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

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

19 days after notifying the House and the Senate Committees 

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

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

25 Fire Assistance programs, and subject to all authorities 
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1 available to the Forest Service under the State and Pri2 vate Forestry Appropriations, up to $15,000,000 may be 

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

5 planned on national forest lands that have the potential 

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

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

9 for wildland fire management, in an aggregate amount not 

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

11 such transfers would facilitate and expedite jointly funded 

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

17 CAPITAL IMPROVEMENT AND MAINTENANCE

18 For necessary expenses of the Forest Service, not 

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

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

22 for construction, reconstruction, repair, decommissioning, 

23 and maintenance of forest roads and trails by the Forest 

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

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

26 of the funds provided herein for road maintenance shall 
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1 be available for the decommissioning of roads, including 

2 unauthorized roads not part of the transportation system, 

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

4 funds shall be expended to decommission any system road 

5 until notice and an opportunity for public comment has 

6 been provided on each decommissioning project. 

7 LAND ACQUISITION

8 For expenses necessary to carry out the provisions 

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

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

14 be derived from the Land and Water Conservation Fund 

15 and to remain available until expended. 

16 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

17 ACTS

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

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

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

23 be derived from forest receipts. 

24 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

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

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

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

6 expended. 

7 RANGE BETTERMENT FUND

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

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

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

15 for administrative expenses associated with on-the-ground 

16 range rehabilitation, protection, and improvements. 

17 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

18 RANGELAND RESEARCH

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

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

21 from the fund established pursuant to the above Act. 

22 MANAGEMENT OF NATIONAL FOREST LANDS FOR

23 SUBSISTENCE USES

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

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

2 available until expended. 

3 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

4 Appropriations to the Forest Service for the current 

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

6 motor vehicles; acquisition of passenger motor vehicles 

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

8 lease, operation, maintenance, and acquisition of aircraft 

9 from excess sources to maintain the operable fleet for use 

10 in Forest Service wildland fire programs and other Forest 

11 Service programs; notwithstanding other provisions of law, 

12 existing aircraft being replaced may be sold, with proceeds 

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

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

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

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

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

20 pursuant to the Volunteers in the National Forest Act of 

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

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

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

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

25 None of the funds made available under this Act shall 

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

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

5 Any appropriations or funds available to the Forest 

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

9 under its jurisdiction, and fire preparedness due to severe 

10 burning conditions upon notification of the House and 

11 Senate Committees on Appropriations and if and only if 

12 all previously appropriated emergency contingent funds 

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

14 been released by the President and apportioned and all 

15 wildfire suppression funds under the heading ‘‘Wildland 

16 Fire Management’’ are obligated. 

17 The first transfer of funds into the Wildland Fire 

18 Management account shall include unobligated funds, if 

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

21 account. 

22 Funds appropriated to the Forest Service shall be 

23 available for assistance to or through the Agency for Inter24 national Development and the Foreign Agricultural Serv25 ice in connection with forest and rangeland research, tech-
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1 nical information, and assistance in foreign countries, and 

2 shall be available to support forestry and related natural 

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

6 and international organizations. 

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

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

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

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

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

15 overhead. 

16 None of the funds available to the Forest Service may 

17 be reprogrammed without the advance approval of the 

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

20 the report accompanying this Act. 

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

22 the Forest Service shall be transferred to the Working 

23 Capital Fund of the Department of Agriculture. 

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

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

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

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

6 reception and representation expenses. 

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

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

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

11 projects in support of the Forest Service mission, without 

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

15 programs: Provided, That of the Federal funds made 

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

17 be available for administrative expenses: Provided further, 

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

19 of Federal financial assistance, private contributions to 

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

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

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

25 That authorized investments of Federal funds held by the 
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1 Foundation may be made only in interest-bearing obliga2 tions of the United States or in obligations guaranteed as 

3 to both principal and interest by the United States. 

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

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

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

8 projects, without regard to when expenses are incurred, 

9 on or benefitting National Forest System lands or related 

10 to Forest Service programs: Provided, That such funds 

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

12 Foundation or its subrecipients. 

13 Funds appropriated to the Forest Service shall be 

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

17 Any appropriations or funds available to the Forest 

18 Service may be used for necessary expenses in the event 

19 of law enforcement emergencies as necessary to protect 

20 natural resources and public or employee safety: Provided, 

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

22 An eligible individual who is employed in any project 

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

24 (42 U.S.C. 3056 et seq.) and administered by the Forest 
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1 Service shall be considered to be a Federal employee for 

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

3 Any funds appropriated to the Forest Service may 

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

6 3056(c)(2)). 

7 For each fiscal year through 2009, funds available 

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

10 schooling for dependents of agency personnel stationed in 

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

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

14 those authorized for the Department of Defense for the 

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

17 unable to provide adequately for the education of such de18 pendents. 

19 DEPARTMENT OF HEALTH AND HUMAN 

20 SERVICES 

21 INDIAN HEALTH SERVICE

22 INDIAN HEALTH SERVICES

23 For expenses necessary to carry out the Act of Au24 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina25 tion Act, the Indian Health Care Improvement Act, and 
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1 titles II and III of the Public Health Service Act with re2 spect to the Indian Health Service, $2,732,298,000, to3 gether with payments received during the fiscal year pur4 suant to 42 U.S.C. 238(b) for services furnished by the 

5 Indian Health Service: Provided, That funds made avail6 able to tribes and tribal organizations through contracts, 

7 grant agreements, or any other agreements or compacts 

8 authorized by the Indian Self-Determination and Edu9 cation Assistance Act of 1975 (25 U.S.C. 450), shall be 

10 deemed to be obligated at the time of the grant or contract 

11 award and thereafter shall remain available to the tribe 

12 or tribal organization without fiscal year limitation: Pro13 vided further, That up to $18,000,000 shall remain avail14 able until expended, for the Indian Catastrophic Health 

15 Emergency Fund: Provided further, That $507,021,000 

16 for contract medical care shall remain available for obliga17 tion until September 30, 2007: Provided further, That of 

18 the funds provided, up to $27,000,000, to remain available 

19 until expended, shall be used to carry out the loan repay20 ment program under section 108 of the Indian Health 

21 Care Improvement Act: Provided further, That funds pro22 vided in this Act may be used for one-year contracts and 

23 grants which are to be performed in two fiscal years, so 

24 long as the total obligation is recorded in the year for 

25 which the funds are appropriated: Provided further, That 
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1 the amounts collected by the Secretary of Health and 

2 Human Services under the authority of title IV of the In3 dian Health Care Improvement Act shall remain available 

4 until expended for the purpose of achieving compliance 

5 with the applicable conditions and requirements of titles 

6 XVIII and XIX of the Social Security Act (exclusive of 

7 planning, design, or construction of new facilities): Pro8 vided further, That funding contained herein, and in any 

9 earlier appropriations Acts for scholarship programs 

10 under the Indian Health Care Improvement Act (25 

11 U.S.C. 1613) shall remain available until expended: Pro12 vided further, That amounts received by tribes and tribal 

13 organizations under title IV of the Indian Health Care Im14 provement Act shall be reported and accounted for and 

15 available to the receiving tribes and tribal organizations 

16 until expended: Provided further, That, notwithstanding 

17 any other provision of law, of the amounts provided herein, 

18 not to exceed $268,683,000 shall be for payments to tribes 

19 and tribal organizations for contract or grant support 

20 costs associated with contracts, grants, self-governance 

21 compacts or annual funding agreements between the In22 dian Health Service and a tribe or tribal organization pur23 suant to the Indian Self-Determination Act of 1975, as 

24 amended, prior to or during fiscal year 2006, of which 

25 not to exceed $5,000,000 may be used for contract sup-
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1 port costs associated with new or expanded self-determina2 tion contracts, grants, self-governance compacts or annual 

3 funding agreements: Provided further, That funds avail4 able for the Indian Health Care Improvement Fund may 

5 be used, as needed, to carry out activities typically funded 

6 under the Indian Health Facilities account: Provided fur7 ther, That of the amounts provided to the Indian Health 

8 Service, $15,000,000 is provided for alcohol control, en9 forcement, prevention, treatment, sobriety and wellness, 

10 and education in Alaska: Provided further, That none of 

11 the funds may be used for tribal courts or tribal ordinance 

12 programs or any program that is not directly related to 

13 alcohol control, enforcement, prevention, treatment, or so14 briety: Provided further, That no more than 15 percent 

15 may be used by any entity receiving funding for adminis16 trative overhead including indirect costs: Provided further, 

17 That the Bureau of Indian Affairs shall collect from the 

18 Indian Health Service and tribes and tribal organizations 

19 operating health facilities pursuant to Public Law 93–638 

20 such individually identifiable health information relating 

21 to disabled children as may be necessary for the purpose 

22 of carrying out its functions under the Individuals With 

23 Disability Education Act, 20 U.S.C. 1400, et seq. 

24 INDIAN HEALTH FACILITIES

25 For construction, repair, maintenance, improvement, 

26 and equipment of health and related auxiliary facilities, 
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1 including quarters for personnel; preparation of plans, 

2 specifications, and drawings; acquisition of sites, purchase 

3 and erection of modular buildings, and purchases of trail4 ers; and for provision of domestic and community sanita5 tion facilities for Indians, as authorized by section 7 of 

6 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 

7 Self-Determination Act, and the Indian Health Care Im8 provement Act, and for expenses necessary to carry out 

9 such Acts and titles II and III of the Public Health Serv10 ice Act with respect to environmental health and facilities 

11 support activities of the Indian Health Service, 

12 $370,774,000, to remain available until expended: Pro13 vided, That notwithstanding any other provision of law, 

14 funds appropriated for the planning, design, construction 

15 or renovation of health facilities for the benefit of an In16 dian tribe or tribes may be used to purchase land for sites 

17 to construct, improve, or enlarge health or related facili18 ties: Provided further, That not to exceed $500,000 shall 

19 be used by the Indian Health Service to purchase 

20 TRANSAM equipment from the Department of Defense 

21 for distribution to the Indian Health Service and tribal 

22 facilities: Provided further, That none of the funds appro23 priated to the Indian Health Service may be used for sani24 tation facilities construction for new homes funded with 

25 grants by the housing programs of the United States De-
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1 partment of Housing and Urban Development: Provided 

2 further, That not to exceed $1,000,000 from this account 

3 and the ‘‘Indian Health Services’’ account shall be used 

4 by the Indian Health Service to obtain ambulances for the 

5 Indian Health Service and tribal facilities in conjunction 

6 with an existing interagency agreement between the In7 dian Health Service and the General Services Administra8 tion: Provided further, That notwithstanding any other 

9 provision of law, funds appropriated for the planning, de10 sign, and construction of the replacement health care facil11 ity in Barrow, Alaska, may be used to purchase land up 

12 to approximately 8 hectares for a site upon which to con13 struct the new health care facility: Provided further, That 

14 not to exceed $500,000 shall be placed in a Demolition 

15 Fund, available until expended, to be used by the Indian 

16 Health Service for demolition of Federal buildings. 

17 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

18 Appropriations in this Act to the Indian Health Serv19 ice shall be available for services as authorized by 5 U.S.C. 

20 3109 but at rates not to exceed the per diem rate equiva21 lent to the maximum rate payable for senior-level positions 

22 under 5 U.S.C. 5376; hire of passenger motor vehicles and 

23 aircraft; purchase of medical equipment; purchase of re24 prints; purchase, renovation and erection of modular 

25 buildings and renovation of existing facilities; payments 

26 for telephone service in private residences in the field, 
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1 when authorized under regulations approved by the Sec2 retary; and for uniforms or allowances therefor as author3 ized by 5 U.S.C. 5901–5902; and for expenses of attend4 ance at meetings which are concerned with the functions 

5 or activities for which the appropriation is made or which 

6 will contribute to improved conduct, supervision, or man7 agement of those functions or activities. 

8 In accordance with the provisions of the Indian 

9 Health Care Improvement Act, non-Indian patients may 

10 be extended health care at all tribally administered or In11 dian Health Service facilities, subject to charges, and the 

12 proceeds along with funds recovered under the Federal 

13 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

14 be credited to the account of the facility providing the 

15 service and shall be available without fiscal year limitation. 

16 Notwithstanding any other law or regulation, funds trans17 ferred from the Department of Housing and Urban Devel18 opment to the Indian Health Service shall be administered 

19 under Public Law 86–121 (the Indian Sanitation Facili20 ties Act) and Public Law 93–638, as amended. 

21 Funds appropriated to the Indian Health Service in 

22 this Act, except those used for administrative and program 

23 direction purposes, shall not be subject to limitations di24 rected at curtailing Federal travel and transportation. 
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1 None of the funds made available to the Indian 

2 Health Service in this Act shall be used for any assess3 ments or charges by the Department of Health and 

4 Human Services unless identified in the budget justifica5 tion and provided in this Act, or approved by the House 

6 and Senate Committees on Appropriations through the re7 programming process. Personnel ceilings may not be im8 posed on the Indian Health Service nor may any action 

9 be taken to reduce the full time equivalent level of the 

10 Indian Health Service below the level in fiscal year 2002 

11 adjusted upward for the staffing of new and expanded fa12 cilities, funding provided for staffing at the Lawton, Okla13 homa hospital in fiscal years 2003 and 2004, critical posi14 tions not filled in fiscal year 2002, and staffing necessary 

15 to carry out the intent of Congress with regard to program 

16 increases. 

17 Notwithstanding any other provision of law, funds 

18 previously or herein made available to a tribe or tribal or19 ganization through a contract, grant, or agreement au20 thorized by title I or title V of the Indian Self-Determina21 tion and Education Assistance Act of 1975 (25 U.S.C. 

22 450), may be deobligated and reobligated to a self-deter23 mination contract under title I, or a self-governance agree24 ment under title V of such Act and thereafter shall remain 
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1 available to the tribe or tribal organization without fiscal 

2 year limitation. 

3 None of the funds made available to the Indian 

4 Health Service in this Act shall be used to implement the 

5 final rule published in the Federal Register on September 

6 16, 1987, by the Department of Health and Human Serv7 ices, relating to the eligibility for the health care services 

8 of the Indian Health Service until the Indian Health Serv9 ice has submitted a budget request reflecting the increased 

10 costs associated with the proposed final rule, and such re11 quest has been included in an appropriations Act and en12 acted into law. 

13 With respect to functions transferred by the Indian 

14 Health Service to tribes or tribal organizations, the Indian 

15 Health Service is authorized to provide goods and services 

16 to those entities, on a reimbursable basis, including pay17 ment in advance with subsequent adjustment. The reim18 bursements received therefrom, along with the funds re19 ceived from those entities pursuant to the Indian Self-De20 termination Act, may be credited to the same or subse21 quent appropriation account which provided the funding. 

22 Such amounts shall remain available until expended. 

23 Reimbursements for training, technical assistance, or 

24 services provided by the Indian Health Service will contain 

25 total costs, including direct, administrative, and overhead 
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1 associated with the provision of goods, services, or tech2 nical assistance. 

3 The appropriation structure for the Indian Health 

4 Service may not be altered without advance notification 

5 to the House and Senate Committees on Appropriations. 

6 NATIONAL INSTITUTES OF HEALTH

7 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

8 SCIENCES

9 For necessary expenses for the National Institute of 

10 Environmental Health Sciences in carrying out activities 

11 set forth in section 311(a) of the Comprehensive Environ12 mental Response, Compensation, and Liability Act of 

13 1980, as amended, and section 126(g) of the Superfund 

14 Amendments and Reauthorization Act of 1986, 

15 $80,289,000. 

16 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

17 REGISTRY

18 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

19 HEALTH

20 For necessary expenses for the Agency for Toxic Sub21 stances and Disease Registry (ATSDR) in carrying out 

22 activities set forth in sections 104(i), 111(c)(4), and 

23 111(c)(14) of the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 

25 (CERCLA), as amended; section 118(f) of the Superfund 
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1 Amendments and Reauthorization Act of 1986 (SARA), 

2 as amended; and section 3019 of the Solid Waste Disposal 

3 Act, as amended, $76,024,000, of which up to $1,500,000, 

4 to remain available until expended, is for Individual 

5 Learning Accounts for full-time equivalent employees of 

6 the Agency for Toxic Substances and Disease Registry: 

7 Provided, That notwithstanding any other provision of 

8 law, in lieu of performing a health assessment under sec9 tion 104(i)(6) of CERCLA, the Administrator of ATSDR 

10 may conduct other appropriate health studies, evaluations, 

11 or activities, including, without limitation, biomedical test12 ing, clinical evaluations, medical monitoring, and referral 

13 to accredited health care providers: Provided further, That 

14 in performing any such health assessment or health study, 

15 evaluation, or activity, the Administrator of ATSDR shall 

16 not be bound by the deadlines in section 104(i)(6)(A) of 

17 CERCLA: Provided further, That none of the funds appro18 priated under this heading shall be available for ATSDR 

19 to issue in excess of 40 toxicological profiles pursuant to 

20 section 104(i) of CERCLA during fiscal year 2006, and 

21 existing profiles may be updated as necessary. 
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1 OTHER RELATED AGENCIES 

2 EXECUTIVE OFFICE OF THE PRESIDENT

3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

4 ENVIRONMENTAL QUALITY

5 For necessary expenses to continue functions as6 signed to the Council on Environmental Quality and Office 

7 of Environmental Quality pursuant to the National Envi8 ronmental Policy Act of 1969, the Environmental Quality 

9 Improvement Act of 1970, and Reorganization Plan No. 

10 1 of 1977, and not to exceed $750 for official reception 

11 and representation expenses, $2,717,000: Provided, That 

12 notwithstanding section 202 of the National Environ13 mental Policy Act of 1970, the Council shall consist of 

14 one member, appointed by the President, by and with the 

15 advice and consent of the Senate, serving as chairman and 

16 exercising all powers, functions, and duties of the Council. 

17 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses in carrying out activities pur20 suant to section 112(r)(6) of the Clean Air Act, as amend21 ed, including hire of passenger vehicles, uniforms or allow22 ances therefor, as authorized by 5 U.S.C. 5901–5902, and 

23 for services authorized by 5 U.S.C. 3109 but at rates for 

24 individuals not to exceed the per diem equivalent to the 

25 maximum rate payable for senior level positions under 5 
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1 U.S.C. 5376, $9,200,000: Provided, That the Chemical 

2 Safety and Hazard Investigation Board (Board) shall have 

3 not more than three career Senior Executive Service posi4 tions: Provided further, That notwithstanding any other 

5 provision of law, the individual appointed to the position 

6 of Inspector General of the Environmental Protection 

7 Agency (EPA) shall, by virtue of such appointment, also 

8 hold the position of Inspector General of the Board: Pro9 vided further, That notwithstanding any other provision of 

10 law, the Inspector General of the Board shall utilize per11 sonnel of the Office of Inspector General of EPA in per12 forming the duties of the Inspector General of the Board, 

13 and shall not appoint any individuals to positions within 

14 the Board. 

15 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of Navajo and 

18 Hopi Indian Relocation as authorized by Public Law 93– 

19 531, $8,601,000, to remain available until expended: Pro20 vided, That funds provided in this or any other appropria21 tions Act are to be used to relocate eligible individuals and 

22 groups including evictees from District 6, Hopi-partitioned 

23 lands residents, those in significantly substandard hous24 ing, and all others certified as eligible and not included 

25 in the preceding categories: Provided further, That none 
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1 of the funds contained in this or any other Act may be 

2 used by the Office of Navajo and Hopi Indian Relocation 

3 to evict any single Navajo or Navajo family who, as of 

4 November 30, 1985, was physically domiciled on the lands 

5 partitioned to the Hopi Tribe unless a new or replacement 

6 home is provided for such household: Provided further, 

7 That no relocatee will be provided with more than one new 

8 or replacement home: Provided further, That the Office 

9 shall relocate any certified eligible relocatees who have se10 lected and received an approved homesite on the Navajo 

11 reservation or selected a replacement residence off the 

12 Navajo reservation or on the land acquired pursuant to 

13 25 U.S.C. 640d–10. 

14 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

15 CULTURE AND ARTS DEVELOPMENT

16 PAYMENT TO THE INSTITUTE

17 For payment to the Institute of American Indian and 

18 Alaska Native Culture and Arts Development, as author19 ized by title XV of Public Law 99–498, as amended (20 

20 U.S.C. 56 part A), $6,300,000. 

21 SMITHSONIAN INSTITUTION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Smithsonian Institu24 tion, as authorized by law, including research in the fields 

25 of art, science, and history; development, preservation, and 
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1 documentation of the National Collections; presentation of 

2 public exhibits and performances; collection, preparation, 

3 dissemination, and exchange of information and publica4 tions; conduct of education, training, and museum assist5 ance programs; maintenance, alteration, operation, lease 

6 (for terms not to exceed 30 years), and protection of build7 ings, facilities, and approaches; not to exceed $100,000 

8 for services as authorized by 5 U.S.C. 3109; up to five 

9 replacement passenger vehicles; purchase, rental, repair, 

10 and cleaning of uniforms for employees, $524,381,000, of 

11 which not to exceed $10,992,000 for the instrumentation 

12 program, collections acquisition, exhibition reinstallation, 

13 the National Museum of African American History and 

14 Culture, and the repatriation of skeletal remains program 

15 shall remain available until expended; and of which 

16 $9,086,000 for the reopening of the Patent Office Build17 ing and for fellowships and scholarly awards shall remain 

18 available until September 30, 2007; and including such 

19 funds as may be necessary to support American overseas 

20 research centers and a total of $125,000 for the Council 

21 of American Overseas Research Centers: Provided, That 

22 funds appropriated herein are available for advance pay23 ments to independent contractors performing research 

24 services or participating in official Smithsonian presen25 tations: Provided further, That the Smithsonian Institu-
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1 tion may expend Federal appropriations designated in this 

2 Act for lease or rent payments for long term and swing 

3 space, as rent payable to the Smithsonian Institution, and 

4 such rent payments may be deposited into the general 

5 trust funds of the Institution to the extent that federally 

6 supported activities are housed in the 900 H Street, N.W. 

7 building in the District of Columbia: Provided further, 

8 That this use of Federal appropriations shall not be con9 strued as debt service, a Federal guarantee of, a transfer 

10 of risk to, or an obligation of, the Federal Government: 

11 Provided further, That no appropriated funds may be used 

12 to service debt which is incurred to finance the costs of 

13 acquiring the 900 H Street building or of planning, de14 signing, and constructing improvements to such building. 

15 FACILITIES CAPITAL

16 For necessary expenses of repair, revitalization, and 

17 alteration of facilities owned or occupied by the Smithso18 nian Institution, by contract or otherwise, as authorized 

19 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

20 and for construction, including necessary personnel, 

21 $90,900,000, to remain available until expended, of which 

22 not to exceed $10,000 is for services as authorized by 5 

23 U.S.C. 3109: Provided, That contracts awarded for envi24 ronmental systems, protection systems, and repair or res25 toration of facilities of the Smithsonian Institution may 
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1 be negotiated with selected contractors and awarded on 

2 the basis of contractor qualifications as well as price. 

3 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

4 INSTITUTION

5 None of the funds in this or any other Act may be 

6 used to make any changes to the existing Smithsonian 

7 science programs including closure of facilities, relocation 

8 of staff or redirection of functions and programs without 

9 the advance approval of the House and Senate Committees 

10 on Appropriations. 

11 None of the funds in this or any other Act may be 

12 used to initiate the design for any proposed expansion of 

13 current space or new facility without consultation with the 

14 House and Senate Appropriations Committees. 

15 None of the funds in this or any other Act may be 

16 used for the Holt House located at the National Zoological 

17 Park in Washington, D.C., unless identified as repairs to 

18 minimize water damage, monitor structure movement, or 

19 provide interim structural support. 

20 None of the funds available to the Smithsonian may 

21 be reprogrammed without the advance written approval of 

22 the House and Senate Committees on Appropriations in 

23 accordance with the reprogramming procedures contained 

24 in the statement of the managers accompanying this Act. 
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1 None of the funds in this or any other Act may be 

2 used to purchase any additional buildings without prior 

3 consultation with the House and Senate Committees on 

4 Appropriations. 

5 NATIONAL GALLERY OF ART

6 SALARIES AND EXPENSES

7 For the upkeep and operations of the National Gal8 lery of Art, the protection and care of the works of art 

9 therein, and administrative expenses incident thereto, as 

10 authorized by the Act of March 24, 1937 (50 Stat. 51), 

11 as amended by the public resolution of April 13, 1939 

12 (Public Resolution 9, Seventy-sixth Congress), including 

13 services as authorized by 5 U.S.C. 3109; payment in ad14 vance when authorized by the treasurer of the Gallery for 

15 membership in library, museum, and art associations or 

16 societies whose publications or services are available to 

17 members only, or to members at a price lower than to the 

18 general public; purchase, repair, and cleaning of uniforms 

19 for guards, and uniforms, or allowances therefor, for other 

20 employees as authorized by law (5 U.S.C. 5901–5902); 

21 purchase or rental of devices and services for protecting 

22 buildings and contents thereof, and maintenance, alter23 ation, improvement, and repair of buildings, approaches, 

24 and grounds; and purchase of services for restoration and 

25 repair of works of art for the National Gallery of Art by 
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1 contracts made, without advertising, with individuals, 

2 firms, or organizations at such rates or prices and under 

3 such terms and conditions as the Gallery may deem prop4 er, $97,100,000, of which not to exceed $3,157,000 for 

5 the special exhibition program shall remain available until 

6 expended. 

7 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

8 For necessary expenses of repair, restoration and 

9 renovation of buildings, grounds and facilities owned or 

10 occupied by the National Gallery of Art, by contract or 

11 otherwise, as authorized, $16,200,000, to remain available 

12 until expended: Provided, That contracts awarded for envi13 ronmental systems, protection systems, and exterior repair 

14 or renovation of buildings of the National Gallery of Art 

15 may be negotiated with selected contractors and awarded 

16 on the basis of contractor qualifications as well as price: 

17 Provided further, That, notwithstanding any other provi18 sion of law, a single procurement for the Master Facilities 

19 Plan renovation project at the National Gallery of Art may 

20 be issued which includes the full scope of the Work Area 

21 #3 project: Provided further, That the solicitation and the 

22 contract shall contain the clause ‘‘availability of funds’’ 

23 found at 48 CFR 52.232.18. 
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1 JOHN F. KENNEDY CENTER FOR THE PERFORMING

2 ARTS

3 OPERATIONS AND MAINTENANCE

4 For necessary expenses for the operation, mainte5 nance and security of the John F. Kennedy Center for 

6 the Performing Arts, $17,800,000. 

7 CONSTRUCTION

8 For necessary expenses for capital repair and restora9 tion of the existing features of the building and site of 

10 the John F. Kennedy Center for the Performing Arts, 

11 $10,000,000, to remain available until expended. 

12 WOODROW WILSON INTERNATIONAL CENTER FOR

13 SCHOLARS

14 SALARIES AND EXPENSES

15 For expenses necessary in carrying out the provisions 

16 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

17 1356) including hire of passenger vehicles and services as 

18 authorized by 5 U.S.C. 3109, $9,085,000. 

19 NATIONAL FOUNDATION ON THE ARTS AND THE

20 HUMANITIES

21 NATIONAL ENDOWMENT FOR THE ARTS

22 GRANTS AND ADMINISTRATION

23 For necessary expenses to carry out the National 

24 Foundation on the Arts and the Humanities Act of 1965, 

25 as amended, $121,264,000 (increased by $10,000,000) 

26 shall be available to the National Endowment for the Arts 
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1 for the support of projects and productions in the arts 

2 through assistance to organizations and individuals pursu3 ant to sections 5(c) and 5(g) of the Act, including 

4 $14,922,000 (increased by $10,000,000) for support of 

5 arts education and public outreach activities through the 

6 Challenge America program, for program support, and for 

7 administering the functions of the Act, to remain available 

8 until expended: Provided, That funds previously appro9 priated to the National Endowment for the Arts ‘‘Match10 ing Grants’’ account and ‘‘Challenge America’’ account 

11 may be transferred to and merged with this account. 

12 NATIONAL ENDOWMENT FOR THE HUMANITIES

13 GRANTS AND ADMINISTRATION

14 For necessary expenses to carry out the National 

15 Foundation on the Arts and the Humanities Act of 1965, 

16 as amended, $122,605,000 (increased by $5,000,000), 

17 shall be available to the National Endowment for the Hu18 manities for support of activities in the humanities, pursu19 ant to section 7(c) of the Act, and for administering the 

20 functions of the Act, to remain available until expended. 

21 MATCHING GRANTS

22 To carry out the provisions of section 10(a)(2) of the 

23 National Foundation on the Arts and the Humanities Act 

24 of 1965, as amended, $15,449,000, to remain available 

25 until expended, of which $10,000,000 shall be available 

26 to the National Endowment for the Humanities for the 
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1 purposes of section 7(h): Provided, That this appropria2 tion shall be available for obligation only in such amounts 

3 as may be equal to the total amounts of gifts, bequests, 

4 and devises of money, and other property accepted by the 

5 chairman or by grantees of the Endowment under the pro6 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

7 the current and preceding fiscal years for which equal 

8 amounts have not previously been appropriated. 

9 ADMINISTRATIVE PROVISIONS

10 None of the funds appropriated to the National 

11 Foundation on the Arts and the Humanities may be used 

12 to process any grant or contract documents which do not 

13 include the text of 18 U.S.C. 1913: Provided, That none 

14 of the funds appropriated to the National Foundation on 

15 the Arts and the Humanities may be used for official re16 ception and representation expenses: Provided further, 

17 That funds from nonappropriated sources may be used as 

18 necessary for official reception and representation ex19 penses: Provided further, That the Chairperson of the Na20 tional Endowment for the Arts may approve grants up to 

21 $10,000, if in the aggregate this amount does not exceed 

22 5 percent of the sums appropriated for grant-making pur23 poses per year: Provided further, That such small grant 

24 actions are taken pursuant to the terms of an expressed 
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1 and direct delegation of authority from the National Coun2 cil on the Arts to the Chairperson. 

3 COMMISSION OF FINE ARTS

4 SALARIES AND EXPENSES

5 For expenses made necessary by the Act establishing 

6 a Commission of Fine Arts (40 U.S.C. 104), $1,893,000: 

7 Provided, That the Commission is authorized to charge 

8 fees to cover the full costs of its publications, and such 

9 fees shall be credited to this account as an offsetting col10 lection, to remain available until expended without further 

11 appropriation. 

12 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

13 For necessary expenses as authorized by Public Law 

14 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000: Pro15 vided, That no one organization shall receive a grant in 

16 excess of $400,000 in a single year. 

17 ADVISORY COUNCIL ON HISTORIC PRESERVATION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Advisory Council on 

20 Historic Preservation (Public Law 89–665, as amended), 

21 $4,860,000: Provided, That none of these funds shall be 

22 available for compensation of level V of the Executive 

23 Schedule or higher positions. 
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1 NATIONAL CAPITAL PLANNING COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses, as authorized by the Na4 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

5 including services as authorized by 5 U.S.C. 3109, 

6 $8,177,000: Provided, That one-quarter of 1 percent of 

7 the funds provided under this heading may be used for 

8 official reception and representational expenses to host 

9 international visitors engaged in the planning and physical 

10 development of world capitals. 

11 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

12 HOLOCAUST MEMORIAL MUSEUM

13 For expenses of the Holocaust Memorial Museum, as 

14 authorized by Public Law 106–292 (36 U.S.C. 2301– 

15 2310), $41,880,000, of which $1,874,000 for the muse16 um’s repair and rehabilitation program and $1,246,000 

17 for the museum’s exhibitions program shall remain avail18 able until expended. 

19 PRESIDIO TRUST

20 PRESIDIO TRUST FUND

21 For necessary expenses to carry out title I of the Om22 nibus Parks and Public Lands Management Act of 1996, 

23 $20,000,000 shall be available to the Presidio Trust, to 

24 remain available until expended. 
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1 WHITE HOUSE COMMISSION ON THE NATIONAL

2 MOMENT OF REMEMBRANCE

3 For necessary expenses of the White House Commis4 sion on the National Moment of Remembrance, $250,000. 

5 TITLE IV—GENERAL PROVISIONS 

6 SEC. 401. The expenditure of any appropriation 

7 under this Act for any consulting service through procure8 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

9 to those contracts where such expenditures are a matter 

10 of public record and available for public inspection, except 

11 where otherwise provided under existing law, or under ex12 isting Executive Order issued pursuant to existing law. 

13 SEC. 402. No part of any appropriation contained in 

14 this Act shall be available for any activity or the publica15 tion or distribution of literature that in any way tends to 

16 promote public support or opposition to any legislative 

17 proposal on which Congressional action is not complete. 

18 SEC. 403. No part of any appropriation contained in 

19 this Act shall remain available for obligation beyond the 

20 current fiscal year unless expressly so provided herein. 

21 SEC. 404. None of the funds provided in this Act to 

22 any department or agency shall be obligated or expended 

23 to provide a personal cook, chauffeur, or other personal 

24 servants to any officer or employee of such department 

25 or agency except as otherwise provided by law. 
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1 SEC. 405. No assessments may be levied against any 

2 program, budget activity, subactivity, or project funded by 

3 this Act unless notice of such assessments and the basis 

4 therefor are presented to the Committees on Appropria5 tions and are approved by such committees. 

6 SEC. 406. None of the funds in this Act may be used 

7 to plan, prepare, or offer for sale timber from trees classi8 fied as giant sequoia (Sequoiadendron giganteum) which 

9 are located on National Forest System or Bureau of Land 

10 Management lands in a manner different than such sales 

11 were conducted in fiscal year 2004. 

12 SEC. 407. (a) LIMITATION OF FUNDS.—None of the 

13 funds appropriated or otherwise made available pursuant 

14 to this Act shall be obligated or expended to accept or 

15 process applications for a patent for any mining or mill 

16 site claim located under the general mining laws. 

17 (b) EXCEPTIONS.—The provisions of subsection (a) 

18 shall not apply if the Secretary of the Interior determines 

19 that, for the claim concerned: (1) a patent application was 

20 filed with the Secretary on or before September 30, 1994; 

21 and (2) all requirements established under sections 2325 

22 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

23 for vein or lode claims and sections 2329, 2330, 2331, 

24 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

25 37) for placer claims, and section 2337 of the Revised 
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1 Statutes (30 U.S.C. 42) for mill site claims, as the case 

2 may be, were fully complied with by the applicant by that 

3 date. 

4 (c) REPORT.—On September 30, 2006, the Secretary 

5 of the Interior shall file with the House and Senate Com6 mittees on Appropriations and the Committee on Re7 sources of the House of Representatives and the Com8 mittee on Energy and Natural Resources of the Senate 

9 a report on actions taken by the Department under the 

10 plan submitted pursuant to section 314(c) of the Depart11 ment of the Interior and Related Agencies Appropriations 

12 Act, 1997 (Public Law 104–208). 

13 (d) MINERAL EXAMINATIONS.—In order to process 

14 patent applications in a timely and responsible manner, 

15 upon the request of a patent applicant, the Secretary of 

16 the Interior shall allow the applicant to fund a qualified 

17 third-party contractor to be selected by the Bureau of 

18 Land Management to conduct a mineral examination of 

19 the mining claims or mill sites contained in a patent appli20 cation as set forth in subsection (b). The Bureau of Land 

21 Management shall have the sole responsibility to choose 

22 and pay the third-party contractor in accordance with the 

23 standard procedures employed by the Bureau of Land 

24 Management in the retention of third-party contractors. 
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1 SEC. 408. Notwithstanding any other provision of 

2 law, amounts appropriated to or earmarked in committee 

3 reports for the Bureau of Indian Affairs and the Indian 

4 Health Service by Public Laws 103–138, 103–332, 104– 

5 134, 104–208, 105–83, 105–277, 106–113, 106–291, 

6 107–63, 108–7, 108–108, and 108–447 for payments to 

7 tribes and tribal organizations for contract support costs 

8 associated with self-determination or self-governance con9 tracts, grants, compacts, or annual funding agreements 

10 with the Bureau of Indian Affairs or the Indian Health 

11 Service as funded by such Acts, are the total amounts 

12 available for fiscal years 1994 through 2005 for such pur13 poses, except that, for the Bureau of Indian Affairs, tribes 

14 and tribal organizations may use their tribal priority allo15 cations for unmet contract support costs of ongoing con16 tracts, grants, self-governance compacts or annual funding 

17 agreements. 

18 SEC. 409. Of the funds provided to the National En19 dowment for the Arts: 

20 (1) The Chairperson shall only award a grant 

21 to an individual if such grant is awarded to such in22 dividual for a literature fellowship, National Herit23 age Fellowship, or American Jazz Masters Fellow24 ship. 
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1 (2) The Chairperson shall establish procedures 

2 to ensure that no funding provided through a grant, 

3 except a grant made to a State or local arts agency, 

4 or regional group, may be used to make a grant to 

5 any other organization or individual to conduct ac6 tivity independent of the direct grant recipient. 

7 Nothing in this subsection shall prohibit payments 

8 made in exchange for goods and services. 

9 (3) No grant shall be used for seasonal support 

10 to a group, unless the application is specific to the 

11 contents of the season, including identified programs 

12 and/or projects. 

13 SEC. 410. The National Endowment for the Arts and 

14 the National Endowment for the Humanities are author15 ized to solicit, accept, receive, and invest in the name of 

16 the United States, gifts, bequests, or devises of money and 

17 other property or services and to use such in furtherance 

18 of the functions of the National Endowment for the Arts 

19 and the National Endowment for the Humanities. Any 

20 proceeds from such gifts, bequests, or devises, after ac21 ceptance by the National Endowment for the Arts or the 

22 National Endowment for the Humanities, shall be paid by 

23 the donor or the representative of the donor to the Chair24 man. The Chairman shall enter the proceeds in a special 
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1 interest-bearing account to the credit of the appropriate 

2 endowment for the purposes specified in each case. 

3 SEC. 411. (a) In providing services or awarding fi4 nancial assistance under the National Foundation on the 

5 Arts and the Humanities Act of 1965 from funds appro6 priated under this Act, the Chairperson of the National 

7 Endowment for the Arts shall ensure that priority is given 

8 to providing services or awarding financial assistance for 

9 projects, productions, workshops, or programs that serve 

10 underserved populations. 

11 (b) In this section: 

12 (1) The term ‘‘underserved population’’ means 

13 a population of individuals, including urban minori14 ties, who have historically been outside the purview 

15 of arts and humanities programs due to factors such 

16 as a high incidence of income below the poverty line 

17 or to geographic isolation. 

18 (2) The term ‘‘poverty line’’ means the poverty 

19 line (as defined by the Office of Management and 

20 Budget, and revised annually in accordance with sec21 tion 673(2) of the Community Services Block Grant 

22 Act (42 U.S.C. 9902(2)) applicable to a family of 

23 the size involved. 

24 (c) In providing services and awarding financial as25 sistance under the National Foundation on the Arts and 
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1 Humanities Act of 1965 with funds appropriated by this 

2 Act, the Chairperson of the National Endowment for the 

3 Arts shall ensure that priority is given to providing serv4 ices or awarding financial assistance for projects, produc5 tions, workshops, or programs that will encourage public 

6 knowledge, education, understanding, and appreciation of 

7 the arts. 

8 (d) With funds appropriated by this Act to carry out 

9 section 5 of the National Foundation on the Arts and Hu10 manities Act of 1965— 

11 (1) the Chairperson shall establish a grant cat12 egory for projects, productions, workshops, or pro13 grams that are of national impact or availability or 

14 are able to tour several States; 

15 (2) the Chairperson shall not make grants ex16 ceeding 15 percent, in the aggregate, of such funds 

17 to any single State, excluding grants made under the 

18 authority of paragraph (1); 

19 (3) the Chairperson shall report to the Con20 gress annually and by State, on grants awarded by 

21 the Chairperson in each grant category under sec22 tion 5 of such Act; and 

23 (4) the Chairperson shall encourage the use of 

24 grants to improve and support community-based 

25 music performance and education. 
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1 SEC. 412. No part of any appropriation contained in 

2 this Act shall be expended or obligated to complete and 

3 issue the 5-year program under the Forest and Rangeland 

4 Renewable Resources Planning Act. 

5 SEC. 413. Amounts deposited during fiscal year 2005 

6 in the roads and trails fund provided for in the 14th para7 graph under the heading ‘‘FOREST SERVICE’’ of the 

8 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 

9 be used by the Secretary of Agriculture, without regard 

10 to the State in which the amounts were derived, to repair 

11 or reconstruct roads, bridges, and trails on National For12 est System lands or to carry out and administer projects 

13 to improve forest health conditions, which may include the 

14 repair or reconstruction of roads, bridges, and trails on 

15 National Forest System lands in the wildland-community 

16 interface where there is an abnormally high risk of fire. 

17 The projects shall emphasize reducing risks to human 

18 safety and public health and property and enhancing eco19 logical functions, long-term forest productivity, and bio20 logical integrity. The projects may be completed in a sub21 sequent fiscal year. Funds shall not be expended under 

22 this section to replace funds which would otherwise appro23 priately be expended from the timber salvage sale fund. 

24 Nothing in this section shall be construed to exempt any 

25 project from any environmental law. 
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1 SEC. 414. Other than in emergency situations, none 

2 of the funds in this Act may be used to operate telephone 

3 answering machines during core business hours unless 

4 such answering machines include an option that enables 

5 callers to reach promptly an individual on-duty with the 

6 agency being contacted. 

7 SEC. 415. Prior to October 1, 2006, the Secretary 

8 of Agriculture shall not be considered to be in violation 

9 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

10 Renewable Resources Planning Act of 1974 (16 U.S.C. 

11 1604(f)(5)(A)) solely because more than 15 years have 

12 passed without revision of the plan for a unit of the Na13 tional Forest System. Nothing in this section exempts the 

14 Secretary from any other requirement of the Forest and 

15 Rangeland Renewable Resources Planning Act (16 U.S.C. 

16 1600 et seq.) or any other law: Provided, That if the Sec17 retary is not acting expeditiously and in good faith, within 

18 the funding available, to revise a plan for a unit of the 

19 National Forest System, this section shall be void with re20 spect to such plan and a court of proper jurisdiction may 

21 order completion of the plan on an accelerated basis. 

22 SEC. 416. No funds provided in this Act may be ex23 pended to conduct preleasing, leasing and related activities 

24 under either the Mineral Leasing Act (30 U.S.C. 181 et 

25 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 
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1 1331 et seq.) within the boundaries of a National Monu2 ment established pursuant to the Act of June 8, 1906 (16 

3 U.S.C. 431 et seq.) as such boundary existed on January 

4 20, 2001, except where such activities are allowed under 

5 the Presidential proclamation establishing such monu6 ment. 

7 SEC. 417. EXTENSION OF FOREST SERVICE CONVEY8 ANCES PILOT PROGRAM.—Section 329 of the Department 

9 of the Interior and Related Agencies Appropriations Act, 

10 2002 (16 U.S.C. 580d note; Public Law 107–63) is 

11 amended— 

12 (1) in subsection (b), by striking ‘‘40’’ and in13 serting ‘‘60’’; 

14 (2) in subsection (c) by striking ‘‘13’’ and in15 serting ‘‘25’’; and 

16 (3) in subsection (d), by striking ‘‘2008’’ and 

17 inserting ‘‘2009’’. 

18 SEC. 418. In entering into agreements with foreign 

19 countries pursuant to the Wildfire Suppression Assistance 

20 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

21 the Secretary of the Interior are authorized to enter into 

22 reciprocal agreements in which the individuals furnished 

23 under said agreements to provide wildfire services are con24 sidered, for purposes of tort liability, employees of the 

25 country receiving said services when the individuals are 
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1 engaged in fire suppression: Provided, That the Secretary 

2 of Agriculture or the Secretary of the Interior shall not 

3 enter into any agreement under this provision unless the 

4 foreign country (either directly or through its fire organi5 zation) agrees to assume any and all liability for the acts 

6 or omissions of American firefighters engaged in fire7 fighting in a foreign country: Provided further, That when 

8 an agreement is reached for furnishing fire fighting serv9 ices, the only remedies for acts or omissions committed 

10 while fighting fires shall be those provided under the laws 

11 of the host country, and those remedies shall be the exclu12 sive remedies for any claim arising out of fighting fires 

13 in a foreign country: Provided further, That neither the 

14 sending country nor any legal organization associated with 

15 the firefighter shall be subject to any legal action whatso16 ever pertaining to or arising out of the firefighter’s role 

17 in fire suppression. 

18 SEC. 419. None of the funds made available in this 

19 Act may be transferred to any department, agency, or in20 strumentality of the United States Government except 

21 pursuant to a transfer made by, or transfer authority pro22 vided in, this Act or any other appropriations Act. 

23 SEC. 420. In awarding a Federal contract with funds 

24 made available by this Act, the Secretary of Agriculture 

25 and the Secretary of the Interior (the ‘‘Secretaries’’) may, 
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1 in evaluating bids and proposals, give consideration to 

2 local contractors who are from, and who provide employ3 ment and training for, dislocated and displaced workers 

4 in an economically disadvantaged rural community, in5 cluding those historically timber-dependent areas that 

6 have been affected by reduced timber harvesting on Fed7 eral lands and other forest-dependent rural communities 

8 isolated from significant alternative employment opportu9 nities: Provided, That the Secretaries may award con10 tracts, grants or cooperative agreements to local non-prof11 it entities, Youth Conservation Corps or related partner12 ships with State, local or non-profit youth groups, or small 

13 or disadvantaged business or micro-business: Provided fur14 ther, That the contract, grant, or cooperative agreement 

15 is for forest hazardous fuels reduction, watershed or water 

16 quality monitoring or restoration, wildlife or fish popu17 lation monitoring, or habitat restoration or management: 

18 Provided further, That the terms ‘‘rural community’’ and 

19 ‘‘economically disadvantaged’’ shall have the same mean20 ings as in section 2374 of Public Law 101–624: Provided 

21 further, That the Secretaries shall develop guidance to im22 plement this section: Provided further, That nothing in 

23 this section shall be construed as relieving the Secretaries 

24 of any duty under applicable procurement laws, except as 

25 provided in this section. 
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1 SEC. 421. No funds appropriated in this Act for the 

2 acquisition of lands or interests in lands may be expended 

3 for the filing of declarations of taking or complaints in 

4 condemnation without the approval of the House and Sen5 ate Committees on Appropriations: Provided, That this 

6 provision shall not apply to funds appropriated to imple7 ment the Everglades National Park Protection and Ex8 pansion Act of 1989, or to funds appropriated for Federal 

9 assistance to the State of Florida to acquire lands for Ev10 erglades restoration purposes. 

11 SEC. 422. (a) LIMITATION ON COMPETITIVE

12 SOURCING STUDIES.— 

13 (1) Of the funds made available by this or any 

14 other Act to the Department of the Interior for fis15 cal year 2006, not more than $3,450,000 may be 

16 used by the Secretary of the Interior to initiate or 

17 continue competitive sourcing studies in fiscal year 

18 2006 for programs, projects, and activities for which 

19 funds are appropriated by this Act and such funds 

20 shall not be available until the Secretary submits a 

21 reprogramming proposal to the Committees on Ap22 propriations of the Senate and the House of Rep23 resentatives, and such proposal has been processed 

24 consistent with the reprogramming guidelines in 

25 House Report 108–330. 
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1 (2) Of the funds appropriated by this Act, not 

2 more than $2,500,000 may be used in fiscal year 

3 2006 for competitive sourcing studies and related 

4 activities by the Forest Service. 

5 (b) COMPETITIVE SOURCING STUDY DEFINED.—In 

6 this section, the term ‘‘competitive sourcing study’’ means 

7 a study on subjecting work performed by Federal Govern8 ment employees or private contractors to public-private 

9 competition or on converting the Federal Government em10 ployees or the work performed by such employees to pri11 vate contractor performance under the Office of Manage12 ment and Budget Circular A–76 or any other administra13 tive regulation, directive, or policy. 

14 (c) COMPETITIVE SOURCING EXEMPTION FOR FOR15 EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL

16 YEAR 2006.—The Forest Service is hereby exempted from 

17 implementing the Letter of Obligation and post-competi18 tion accountability guidelines where a competitive sourcing 

19 study involved 65 or fewer full-time equivalents, the per20 formance decision was made in favor of the agency pro21 vider; no net savings was achieved by conducting the 

22 study, and the study was completed prior to the date of 

23 this Act. 

24 SEC. 423. Estimated overhead charges, deductions, 

25 reserves or holdbacks from programs, projects and activi-
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1 ties to support governmentwide, departmental, agency or 

2 bureau administrative functions or headquarters, regional 

3 or central office operations shall be presented in annual 

4 budget justifications. Changes to such estimates shall be 

5 presented to the Committees on Appropriations for ap6 proval. 

7 SEC. 424. None of the funds in this Act or prior Acts 

8 making appropriations for the Department of the Interior 

9 and Related Agencies may be provided to the managing 

10 partners or their agents for the SAFECOM or Disaster 

11 Management projects. 

12 SEC. 425. (a) IN GENERAL.—An entity that enters 

13 into a contract with the United States to operate the Na14 tional Recreation Reservation Service (as solicited by the 

15 solicitation numbered WO–04–06vm) shall not carry out 

16 any duties under the contract using: 

17 (1) a contact center located outside the United 

18 States; or 

19 (2) a reservation agent who does not live in the 

20 United States. 

21 (b) NO WAIVER.—The Secretary of Agriculture may 

22 not waive the requirements of subsection (a). 

23 (c) TELECOMMUTING.—A reservation agent who is 

24 carrying out duties under the contract described in sub-
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1 section (a) may not telecommute from a location outside 

2 the United States. 

3 (d) LIMITATIONS.—Nothing in this Act shall be con4 strued to apply to any employee of the entity who is not 

5 a reservation agent carrying out the duties under the con6 tract described in subsection (a) or who provides manage7 rial or support services. 

8 SEC. 426. Section 331, of Public Law 106–113, is 

9 amended— 

10 (1) in part (a) by striking ‘‘2005’’ and inserting 

11 ‘‘2009’’; and 

12 (2) in part (b) by striking ‘‘2005’’ and inserting 

13 ‘‘2009’’. 

14 SEC. 427. Section 330 of the Department of the Inte15 rior and Related Agencies Appropriations Act, 2001 (Pub16 lic Law 106–291; 114 Stat. 996; 43 U.S.C. 1701 note), 

17 is amended— 

18 (1) in the first sentence, by striking ‘‘2005’’ 

19 and inserting ‘‘2008’’; 

20 (2) in the third sentence, by inserting ‘‘, Na21 tional Park Service, Fish and Wildlife Service,’’ 

22 after ‘‘Bureau of Land Management’’; and 

23 (3) by adding at the end the following new sen24 tence: ‘‘To facilitate the sharing of resources under 

25 the Service First initiative, the Secretaries of the In-
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1 terior and Agriculture may make transfers of funds 

2 and reimbursement of funds on an annual basis 

3 among the land management agencies referred to in 

4 this section, except that this authority may not be 

5 used to circumvent requirements and limitations im6 posed on the use of funds.’’. 

7 SEC. 428. The Secretary of Agriculture may acquire, 

8 by exchange or otherwise, a parcel of real property, includ9 ing improvements thereon, of the Inland Valley Develop10 ment Agency of San Bernardino, California, or its succes11 sors and assigns, generally comprising Building No. 3 and 

12 Building No. 4 of the former Defense Finance and Ac13 counting Services complex located at the southwest corner 

14 of Tippecanoe Avenue and Mill Street in San Bernardino, 

15 California, adjacent to the former Norton Air Force Base. 

16 As full consideration for the property to be acquired, the 

17 Secretary of Agriculture may terminate the leasehold 

18 rights of the United States received pursuant to section 

19 8121(a)(2) of the Department of Defense Appropriations 

20 Act, 2005 (Public Law 108–287; 118 Stat. 999). The ac21 quisition of the property shall be on such terms and condi22 tions as the Secretary of Agriculture considers appropriate 

23 and may be carried out without appraisals, environmental 

24 or administrative surveys, consultations, analyses, or other 

25 considerations of the condition of the property. 
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1 SEC. 429. The Secretary of the Interior shall submit 

2 to the House Committee on Appropriations a report detail3 ing the Federal expenditures pursuant to the Southern 

4 Nevada Public Lands Management Act (section 4(e)(3) of 

5 Public Law 105–263) for fiscal years 2003 and 2004. 

6 SEC. 430. None of the funds in this Act may be used 

7 to prepare or issue a permit or lease for oil or gas drilling 

8 in the Finger Lakes National Forest, New York, during 

9 fiscal year 2006. 

10 SEC. 431. None of the funds made available in this 

11 Act for the Department of the Interior may be used to 

12 implement the first proviso under the heading ‘‘UNITED

13 STATES FISH AND WILDLIFE SERVICE-LAND ACQUISI14 TION’’. 

15 SEC. 432. None of the funds made available in this 

16 Act may be used in contravention of Executive Order No. 

17 12898 (Federal Actions to Address Environmental Justice 

18 in Minority Populations and Low-Income Populations) or 

19 to delay the implementation of that order. 

20 SEC. 433. None of the funds made available in this 

21 Act may be used to finalize, issue, implement, or enforce 

22 the proposed policy of the Environmental Protection Agen23 cy entitled ‘‘National Pollutant Discharge Elimination 

24 System (NPDES) Permit Requirements for Municipal 
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1 Wastewater Treatment During Wet Weather Conditions’’, 

2 dated November 3, 2003 (68 Fed. Reg. 63042). 

3 SEC. 434. None of the funds made available in this 

4 Act may be used by the Administrator of the Environ5 mental Protection Agency— 

6 (1) to accept, consider, or rely on third-party 

7 intentional dosing human studies for pesticides; or 

8 (2) to conduct intentional dosing human studies 

9 for pesticides. 

10 SEC. 435. None of the funds made available in this 

11 Act may be used to send or otherwise pay for the attend12 ance of more than 50 Federal employees at any single con13 ference occurring outside the United States. 

14 SEC. 436. None of the funds made available in this 

15 Act for the Department of the Interior may be used to 

16 enter into or renew any concession contract except a con17 cession contract that includes a provision that requires 

18 that merchandise for sale at units of the National Park 

19 System be made in any State of the United States, the 

20 District of Columbia, the Commonwealth of Puerto Rico, 

21 Guam, the Virgin Islands, American Samoa, or the Com22 monwealth of the Northern Mariana Islands. 
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1 SEC. 437. LIMITATION ON USE OF FUNDS FOR SALE OR 

2 SLAUGHTER OF FREE-ROAMING HORSES AND 

3 BURROS. 

4 None of the funds made available by this Act may 

5 be used for the sale or slaughter of wild free-roaming 

6 horses and burros (as defined in Public Law 92–195). 

7 This Act may be cited as the ‘‘Department of the In8 terior, Environment, and Related Agencies Appropriations 

9 Act, 2006’’. 

10 That the following sums are appropriated, out of any 

11 money in the Treasury not otherwise appropriated, for the 

12 Department of the Interior, environment, and related agen13 cies for the fiscal year ending September 30, 2006, and for 

14 other purposes, namely: 

15 TITLE I—DEPARTMENT OF THE INTERIOR 

16 BUREAU OF LAND MANAGEMENT

17 MANAGEMENTOF LANDS AND RESOURCES

18 For necessary expenses for protection, use, improve19 ment, development, disposal, cadastral surveying, classifica20 tion, acquisition of easements and other interests in lands, 

21 and performance of other functions, including maintenance 

22 of facilities, as authorized by law, in the management of 

23 lands and their resources under the jurisdiction of the Bu24 reau of Land Management, including the general adminis25 tration of the Bureau, and assessment of mineral potential 

26 of public lands pursuant to Public Law 96–487 (16 U.S.C. 
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1 3150(a)), $867,045,000, to remain available until expended, 

2 of which $1,250,000 is for high priority projects, to be car3 ried out by the Youth Conservation Corps; and of which 

4 $3,000,000 shall be available in fiscal year 2006 subject to 

5 a match by at least an equal amount by the National Fish 

6 and Wildlife Foundation for cost-shared projects supporting 

7 conservation of Bureau lands; and such funds shall be ad8 vanced to the Foundation as a lump sum grant without 

9 regard to when expenses are incurred. 

10 In addition, $32,696,000 is for Mining Law Adminis11 tration program operations, including the cost of admin12 istering the mining claim fee program; to remain available 

13 until expended, to be reduced by amounts collected by the 

14 Bureau and credited to this appropriation from annual 

15 mining claim fees so as to result in a final appropriation 

16 estimated at not more than $867,045,000, and $2,000,000, 

17 to remain available until expended, from communication 

18 site rental fees established by the Bureau for the cost of ad19 ministering communication site activities. 

20 WILDLAND FIRE MANAGEMENT

21 For necessary expenses for fire preparedness, suppres22 sion operations, fire science and research, emergency reha23 bilitation, hazardous fuels reduction, and rural fire assist24 ance by the Department of the Interior, $766,564,000, to 

25 remain available until expended, of which not to exceed 

26 $7,849,000 shall be for the renovation or construction of fire 
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1 facilities: Provided, That such funds are also available for 

2 repayment of advances to other appropriation accounts 

3 from which funds were previously transferred for such pur4 poses: Provided further, That persons hired pursuant to 43 

5 U.S.C. 1469 may be furnished subsistence and lodging with6 out cost from funds available from this appropriation: Pro7 vided further, That notwithstanding 42 U.S.C. 1856d, sums 

8 received by a bureau or office of the Department of the Inte9 rior for fire protection rendered pursuant to 42 U.S.C. 1856 

10 et seq., protection of United States property, may be cred11 ited to the appropriation from which funds were expended 

12 to provide that protection, and are available without fiscal 

13 year limitation: Provided further, That using the amounts 

14 designated under this title of this Act, the Secretary of the 

15 Interior may enter into procurement contracts, grants, or 

16 cooperative agreements, for hazardous fuels reduction ac17 tivities, and for training and monitoring associated with 

18 such hazardous fuels reduction activities, on Federal land, 

19 or on adjacent non-Federal land for activities that benefit 

20 resources on Federal land: Provided further, That the costs 

21 of implementing any cooperative agreement between the 

22 Federal Government and any non-Federal entity may be 

23 shared, as mutually agreed on by the affected parties: Pro24 vided further, That notwithstanding requirements of the 

25 Competition in Contracting Act, the Secretary, for purposes 
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1 of hazardous fuels reduction activities, may obtain max2 imum practicable competition among: (1) local private, 

3 nonprofit, or cooperative entities; (2) Youth Conservation 

4 Corps crews or related partnerships with State, local, or 

5 non-profit youth groups; (3) small or micro-businesses; or 

6 (4) other entities that will hire or train locally a significant 

7 percentage, defined as 50 percent or more, of the project 

8 workforce to complete such contracts: Provided further, That 

9 in implementing this section, the Secretary shall develop 

10 written guidance to field units to ensure accountability and 

11 consistent application of the authorities provided herein: 

12 Provided further, That funds appropriated under this head 

13 may be used to reimburse the United States Fish and Wild14 life Service and the National Marine Fisheries Service for 

15 the costs of carrying out their responsibilities under the En16 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 

17 consult and conference, as required by section 7 of such Act, 

18 in connection with wildland fire management activities: 

19 Provided further, That the Secretary of the Interior may 

20 use wildland fire appropriations to enter into non-competi21 tive sole source leases of real property with local govern22 ments, at or below fair market value, to construct capital23 ized improvements for fire facilities on such leased prop24 erties, including but not limited to fire guard stations, re25 tardant stations, and other initial attack and fire support 
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1 facilities, and to make advance payments for any such lease 

2 or for construction activity associated with the lease: Pro3 vided further, That the Secretary of the Interior and the 

4 Secretary of Agriculture may authorize the transfer of funds 

5 appropriated for wildland fire management, in an aggre6 gate amount not to exceed $12,000,000, between the Depart7 ments when such transfers would facilitate and expedite 

8 jointly funded wildland fire management programs and 

9 projects: Provided further, That funds provided for wildfire 

10 suppression shall be available for support of Federal emer11 gency response actions. 

12 CONSTRUCTION

13 For construction of buildings, recreation facilities, 

14 roads, trails, and appurtenant facilities, $9,976,000, to re15 main available until expended. 

16 LAND ACQUISITION

17 For expenses necessary to carry out sections 205, 206, 

18 and 318(d) of Public Law 94–579, including administra19 tive expenses and acquisition of lands or waters, or interests 

20 therein, $12,250,000, to be derived from the Land and 

21 Water Conservation Fund and to remain available until 

22 expended. 

23 OREGON AND CALIFORNIA GRANTLANDS

24 For expenses necessary for management, protection, 

25 and development of resources and for construction, oper26 ation, and maintenance of access roads, reforestation, and 
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1 other improvements on the revested Oregon and California 

2 Railroad grant lands, on other Federal lands in the Oregon 

3 and California land-grant counties of Oregon, and on adja4 cent rights-of-way; and acquisition of lands or interests 

5 therein, including existing connecting roads on or adjacent 

6 to such grant lands; $110,070,000, to remain available until 

7 expended: Provided, That 25 percent of the aggregate of all 

8 receipts during the current fiscal year from the revested Or9 egon and California Railroad grant lands is hereby made 

10 a charge against the Oregon and California land-grant 

11 fund and shall be transferred to the General Fund in the 

12 Treasury in accordance with the second paragraph of sub13 section (b) of title II of the Act of August 28, 1937 (50 Stat. 

14 876). 

15 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

16 (REVOLVING FUND, SPECIAL ACCOUNT)

17 In addition to the purposes authorized in Public Law 

18 102–381, funds made available in the Forest Ecosystem 

19 Health and Recovery Fund can be used for the purpose of 

20 planning, preparing, implementing and monitoring salvage 

21 timber sales and forest ecosystem health and recovery activi22 ties, such as release from competing vegetation and density 

23 control treatments. The Federal share of receipts (defined 

24 as the portion of salvage timber receipts not paid to the 

25 counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et 

26 seq., and Public Law 106–393) derived from treatments 
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1 funded by this account shall be deposited into the Forest 

2 Ecosystem Health and Recovery Fund. 

3 RANGE IMPROVEMENTS

4 For rehabilitation, protection, and acquisition of lands 

5 and interests therein, and improvement of Federal range6 lands pursuant to section 401 of the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1701), notwith8 standing any other Act, sums equal to 50 percent of all 

9 moneys received during the prior fiscal year under sections 

10 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) 

11 and the amount designated for range improvements from 

12 grazing fees and mineral leasing receipts from Bankhead13 Jones lands transferred to the Department of the Interior 

14 pursuant to law, but not less than $10,000,000, to remain 

15 available until expended: Provided, That not to exceed 

16 $600,000 shall be available for administrative expenses. 

17 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

18 For administrative expenses and other costs related to 

19 processing application documents and other authorizations 

20 for use and disposal of public lands and resources, for costs 

21 of providing copies of official public land documents, for 

22 monitoring construction, operation, and termination of fa23 cilities in conjunction with use authorizations, and for re24 habilitation of damaged property, such amounts as may be 

25 collected under Public Law 94–579, as amended, and Public 

26 Law 93–153, to remain available until expended: Provided, 
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1 That, notwithstanding any provision to the contrary of sec2 tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any 

3 moneys that have been or will be received pursuant to that 

4 section, whether as a result of forfeiture, compromise, or set5 tlement, if not appropriate for refund pursuant to section 

6 305(c) of that Act (43 U.S.C. 1735(c)), shall be available 

7 and may be expended under the authority of this Act by 

8 the Secretary to improve, protect, or rehabilitate any public 

9 lands administered through the Bureau of Land Manage10 ment which have been damaged by the action of a resource 

11 developer, purchaser, permittee, or any unauthorized per12 son, without regard to whether all moneys collected from 

13 each such action are used on the exact lands damaged which 

14 led to the action: Provided further, That any such moneys 

15 that are in excess of amounts needed to repair damage to 

16 the exact land for which funds were collected may be used 

17 to repair other damaged public lands. 

18 MISCELLANEOUS TRUST FUNDS

19 In addition to amounts authorized to be expended 

20 under existing laws, there is hereby appropriated such 

21 amounts as may be contributed under section 307 of the 

22 Act of October 21, 1976 (43 U.S.C. 1701), and such 

23 amounts as may be advanced for administrative costs, sur24 veys, appraisals, and costs of making conveyances of omit25 ted lands under section 211(b) of that Act, to remain avail26 able until expended. 
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1 ADMINISTRATIVE PROVISIONS

2 Appropriations for the Bureau of Land Management 

3 shall be available for purchase, erection, and dismantlement 

4 of temporary structures, and alteration and maintenance 

5 of necessary buildings and appurtenant facilities to which 

6 the United States has title; up to $100,000 for payments, 

7 at the discretion of the Secretary, for information or evi8 dence concerning violations of laws administered by the Bu9 reau; miscellaneous and emergency expenses of enforcement 

10 activities authorized or approved by the Secretary and to 

11 be accounted for solely on her certificate, not to exceed 

12 $10,000: Provided, That notwithstanding 44 U.S.C. 501, 

13 the Bureau may, under cooperative cost-sharing and part14 nership arrangements authorized by law, procure printing 

15 services from cooperators in connection with jointly pro16 duced publications for which the cooperators share the cost 

17 of printing either in cash or in services, and the Bureau 

18 determines the cooperator is capable of meeting accepted 

19 quality standards. 

20 UNITED STATES FISH AND WILDLIFE SERVICE

21 RESOURCE MANAGEMENT

22 For necessary expenses of the United States Fish and 

23 Wildlife Service, as authorized by law, and for scientific 

24 and economic studies, maintenance of the herd of long25 horned cattle on the Wichita Mountains Wildlife Refuge, 
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1 general administration, and for the performance of other 

2 authorized functions related to such resources by direct ex3 penditure, contracts, grants, cooperative agreements and re4 imbursable agreements with public and private entities, 

5 $993,485,000, to remain available until September 30, 

6 2007, except as otherwise provided herein: Provided, That 

7 $2,500,000 is for high priority projects, which shall be car8 ried out by the Youth Conservation Corps: Provided further, 

9 That not to exceed $18,130,000 shall be used for imple10 menting subsections (a), (b), (c), and (e) of section 4 of the 

11 Endangered Species Act, as amended, for species that are 

12 indigenous to the United States (except for processing peti13 tions, developing and issuing proposed and final regula14 tions, and taking any other steps to implement actions de15 scribed in subsection (c)(2)(A), (c)(2)(B)(i), or 

16 (c)(2)(B)(ii)), of which not to exceed $12,852,000 shall be 

17 used for any activity regarding the designation of critical 

18 habitat, pursuant to subsection (a)(3), excluding litigation 

19 support, for species listed pursuant to subsection (a)(1) 

20 prior to October 1, 2005: Provided further, That of the 

21 amount available for law enforcement, up to $400,000, to 

22 remain available until expended, may at the discretion of 

23 the Secretary be used for payment for information, rewards, 

24 or evidence concerning violations of laws administered by 

25 the Service, and miscellaneous and emergency expenses of 
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1 enforcement activity, authorized or approved by the Sec2 retary and to be accounted for solely on her certificate: Pro3 vided further, That of the amount provided for environ4 mental contaminants, up to $1,000,000 may remain avail5 able until expended for contaminant sample analyses: Pro6 vided further, That of the total amounts made available 

7 under this heading, $350,000 may be made available for 

8 the mussel program at the White Sulphur Springs National 

9 Fish Hatchery. 

10 CONSTRUCTION

11 For construction, improvement, acquisition, or re12 moval of buildings and other facilities required in the con13 servation, management, investigation, protection, and utili14 zation of fishery and wildlife resources, and the acquisition 

15 of lands and interests therein; $31,811,000, to remain avail16 able until expended: Provided, That funds made available 

17 under the 2005 Consolidated Appropriations Act (Public 

18 Law 108–447) for the Chase Lake and Arrowwood National 

19 Wildlife Refuges, North Dakota, shall be transferred to 

20 North Dakota State University to complete planning and 

21 design for a Joint Interpretive Center. 

22 LAND ACQUISITION

23 For expenses necessary to carry out the Land and 

24 Water Conservation Fund Act of 1965, as amended (16 

25 U.S.C. 460l–4 through 11), including administrative ex26 penses, and for acquisition of land or waters, or interest 
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1 therein, in accordance with statutory authority applicable 

2 to the United States Fish and Wildlife Service, $40,827,000 

3 to be derived from the Land and Water Conservation Fund 

4 and to remain available until expended. 

5 LANDOWNER INCENTIVE PROGRAM

6 For expenses necessary to carry out the Land and 

7 Water Conservation Fund Act of 1965, as amended (16 

8 U.S.C. 460l–4 through 11), including administrative ex9 penses, and for private conservation efforts to be carried out 

10 on private lands, $25,000,000, to be derived from the Land 

11 and Water Conservation Fund, and to remain available 

12 until expended: Provided, That the amount provided herein 

13 is for a Landowner Incentive Program established by the 

14 Secretary that provides matching, competitively awarded 

15 grants to States, the District of Columbia, federally recog16 nized Indian tribes, Puerto Rico, Guam, the United States 

17 Virgin Islands, the Northern Mariana Islands, and Amer18 ican Samoa, to establish or supplement existing landowner 

19 incentive programs that provide technical and financial as20 sistance, including habitat protection and restoration, to 

21 private landowners for the protection and management of 

22 habitat to benefit federally listed, proposed, candidate, or 

23 other at-risk species on private lands. 

24 PRIVATE STEWARDSHIP GRANTS

25 For expenses necessary to carry out the Land and 

26 Water Conservation Fund Act of 1965, as amended (16 
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1 U.S.C. 460l–4 through 11), including administrative ex2 penses, and for private conservation efforts to be carried out 

3 on private lands, $7,500,000, to be derived from the Land 

4 and Water Conservation Fund, and to remain available 

5 until expended: Provided, That the amount provided herein 

6 is for the Private Stewardship Grants Program established 

7 by the Secretary to provide grants and other assistance to 

8 individuals and groups engaged in private conservation ef9 forts that benefit federally listed, proposed, candidate, or 

10 other at-risk species. 

11 COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

12 For expenses necessary to carry out section 6 of the 

13 Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 

14 as amended, $80,000,000, of which $34,347,000 is to be de15 rived from the Cooperative Endangered Species Conserva16 tion Fund and $45,653,000 is to be derived from the Land 

17 and Water Conservation Fund and to remain available 

18 until expended. 

19 NATIONAL WILDLIFE REFUGE FUND

20 For expenses necessary to implement the Act of October 

21 17, 1978 (16 U.S.C. 715s), $14,414,000. 

22 NORTH AMERICAN WETLANDS CONSERVATION FUND

23 For expenses necessary to carry out the provisions of 

24 the North American Wetlands Conservation Act, Public 

25 Law 101–233, as amended, $39,500,000, to remain avail26 able until expended. 
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1 NEOTROPICAL MIGRATORY BIRD CONSERVATION

2 For financial assistance for projects to promote the 

3 conservation of neotropical migratory birds in accordance 

4 with the Neotropical Migratory Bird Conservation Act, 

5 Public Law 106–247 (16 U.S.C. 6101–6109), $4,000,000, 

6 to remain available until expended. 

7 MULTINATIONAL SPECIES CONSERVATION FUND

8 For expenses necessary to carry out the African Ele9 phant Conservation Act (16 U.S.C. 4201–4203, 4211–4213, 

10 4221–4225, 4241–4245, and 1538), the Asian Elephant 

11 Conservation Act of 1997 (Public Law 105–96; 16 U.S.C. 

12 4261–4266), the Rhinoceros and Tiger Conservation Act of 

13 1994 (16 U.S.C. 5301–5306), the Great Ape Conservation 

14 Act of 2000 (16 U.S.C. 6301), and the Marine Turtle Con15 servation Act of 2004 (Public Law 108–266; 16 U.S.C. 

16 6601), $6,500,000, to remain available until expended. 

17 STATE AND TRIBAL WILDLIFE GRANTS

18 For wildlife conservation grants to States and to the 

19 District of Columbia, Puerto Rico, Guam, the United States 

20 Virgin Islands, the Northern Mariana Islands, American 

21 Samoa, and federally recognized Indian tribes under the 

22 provisions of the Fish and Wildlife Act of 1956 and the 

23 Fish and Wildlife Coordination Act, for the development 

24 and implementation of programs for the benefit of wildlife 

25 and their habitat, including species that are not hunted or 

26 fished, $72,000,000, to be derived from the Land and Water 
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1 Conservation Fund, and to remain available until ex2 pended: Provided, That of the amount provided herein, 

3 $6,000,000 is for a competitive grant program for Indian 

4 tribes not subject to the remaining provisions of this appro5 priation: Provided further, That the Secretary shall, after 

6 deducting said $6,000,000 and administrative expenses, ap7 portion the amount provided herein in the following man8 ner: (1) to the District of Columbia and to the Common9 wealth of Puerto Rico, each a sum equal to not more than 

10 one-half of 1 percent thereof; and (2) to Guam, American 

11 Samoa, the United States Virgin Islands, and the Common12 wealth of the Northern Mariana Islands, each a sum equal 

13 to not more than one-fourth of 1 percent thereof: Provided 

14 further, That the Secretary shall apportion the remaining 

15 amount in the following manner: (1) one-third of which is 

16 based on the ratio to which the land area of such State bears 

17 to the total land area of all such States; and (2) two-thirds 

18 of which is based on the ratio to which the population of 

19 such State bears to the total population of all such States: 

20 Provided further, That the amounts apportioned under this 

21 paragraph shall be adjusted equitably so that no State shall 

22 be apportioned a sum which is less than 1 percent of the 

23 amount available for apportionment under this paragraph 

24 for any fiscal year or more than 5 percent of such amount: 

25 Provided further, That the Federal share of planning grants 
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1 shall not exceed 75 percent of the total costs of such projects 

2 and the Federal share of implementation grants shall not 

3 exceed 50 percent of the total costs of such projects: Provided 

4 further, That the non-Federal share of such projects may 

5 not be derived from Federal grant programs: Provided fur6 ther, That no State, territory, or other jurisdiction shall re7 ceive a grant unless it has developed a comprehensive wild8 life conservation plan, consistent with criteria established 

9 by the Secretary of the Interior, that considers the broad 

10 range of the State, territory, or other jurisdiction’s wildlife 

11 and associated habitats, with appropriate priority placed 

12 on those species with the greatest conservation need and tak13 ing into consideration the relative level of funding available 

14 for the conservation of those species: Provided further, That 

15 any amount apportioned in 2006 to any State, territory, 

16 or other jurisdiction that remains unobligated as of Sep17 tember 30, 2007, shall be reapportioned, together with funds 

18 appropriated in 2008, in the manner provided herein: Pro19 vided further, That balances from amounts previously ap20 propriated under the heading ‘‘State Wildlife Grants’’ shall 

21 be transferred to and merged with this appropriation and 

22 shall remain available until expended. 

23 ADMINISTRATIVE PROVISIONS

24 Appropriations and funds available to the United 

25 States Fish and Wildlife Service shall be available for pur26 chase of not to exceed 61 passenger motor vehicles, of which 
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1 61 are for replacement only (including 22 for police-type 

2 use); repair of damage to public roads within and adjacent 

3 to reservation areas caused by operations of the Service; op4 tions for the purchase of land at not to exceed $1 for each 

5 option; facilities incident to such public recreational uses 

6 on conservation areas as are consistent with their primary 

7 purpose; and the maintenance and improvement of aquaria, 

8 buildings, and other facilities under the jurisdiction of the 

9 Service and to which the United States has title, and which 

10 are used pursuant to law in connection with management, 

11 and investigation of fish and wildlife resources: Provided, 

12 That notwithstanding 44 U.S.C. 501, the Service may, 

13 under cooperative cost sharing and partnership arrange14 ments authorized by law, procure printing services from co15 operators in connection with jointly produced publications 

16 for which the cooperators share at least one-half the cost 

17 of printing either in cash or services and the Service deter18 mines the cooperator is capable of meeting accepted quality 

19 standards: Provided further, That, notwithstanding any 

20 other provision of law, the Service may use up to 

21 $2,000,000 from funds provided for contracts for employ22 ment-related legal services: Provided further, That the Serv23 ice may accept donated aircraft as replacements for existing 

24 aircraft: Provided further, That, notwithstanding any other 

25 provision of law, the Secretary of the Interior may not 
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1 spend any of the funds appropriated in this Act for the 

2 purchase of lands or interests in lands to be used in the 

3 establishment of any new unit of the National Wildlife Ref4 uge System unless the purchase is approved in advance by 

5 the House and Senate Committees on Appropriations in 

6 compliance with the reprogramming procedures contained 

7 in House Report 108–330. 

8 NATIONAL PARK SERVICE

9 OPERATION OF THE NATIONAL PARK SYSTEM

10 For expenses necessary for the management, operation, 

11 and maintenance of areas and facilities administered by 

12 the National Park Service (including special road mainte13 nance service to trucking permittees on a reimbursable 

14 basis), and for the general administration of the National 

15 Park Service, $1,748,486,000, of which $9,892,000 is for 

16 planning and interagency coordination in support of Ever17 glades restoration and shall remain available until ex18 pended; of which $98,100,000, to remain available until 

19 September 30, 2007, is for maintenance, repair or rehabili20 tation projects for constructed assets, operation of the Na21 tional Park Service automated facility management soft22 ware system, and comprehensive facility condition assess23 ments; and of which $2,500,000 is for the Youth Conserva24 tion Corps for high priority projects: Provided, That the 

25 only funds in this account which may be made available 
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1 to support United States Park Police are those funds ap2 proved for emergency law and order incidents pursuant to 

3 established National Park Service procedures, those funds 

4 needed to maintain and repair United States Park Police 

5 administrative facilities, and those funds necessary to reim6 burse the United States Park Police account for the 

7 unbudgeted overtime and travel costs associated with special 

8 events for an amount not to exceed $10,000 per event subject 

9 to the review and concurrence of the Washington head10 quarters office. 

11 UNITED STATES PARK POLICE

12 For expenses necessary to carry out the programs of 

13 the United States Park Police, $80,411,000. 

14 NATIONAL RECREATION AND PRESERVATION

15 For expenses necessary to carry out recreation pro16 grams, natural programs, cultural programs, heritage part17 nership programs, environmental compliance and review, 

18 international park affairs, statutory or contractual aid for 

19 other activities, and grant administration, not otherwise 

20 provided for, $56,729,000: Provided, That none of the funds 

21 in this Act for the River, Trails and Conservation Assist22 ance program may be used for cash agreements, or for coop23 erative agreements that are inconsistent with the program’s 

24 final strategic plan. 
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1 HISTORIC PRESERVATION FUND

2 For expenses necessary in carrying out the Historic 

3 Preservation Act of 1966, as amended (16 U.S.C. 470), and 

4 the Omnibus Parks and Public Lands Management Act of 

5 1996 (Public Law 104–333), $74,500,000, to be derived 

6 from the Historic Preservation Fund and to remain avail7 able until September 30, 2007, of which $2,000,000 is for 

8 Historically Black Colleges and Universities, of which 

9 $30,000,000 shall be for Save America’s Treasures for pres10 ervation of nationally significant sites, structures, and arti11 facts: Provided, That not to exceed $7,500,000 of the amount 

12 provided for Save America’s Treasures may be for Preserve 

13 America grants to States, Tribes, and local communities for 

14 projects that preserve important historic resources through 

15 the promotion of heritage tourism: Provided further, That 

16 any individual Save America’s Treasures or Preserve 

17 America grant shall be matched by non-Federal funds: Pro18 vided further, That individual projects shall only be eligible 

19 for one grant: Provided further, That all projects to be fund20 ed shall be approved by the Secretary of the Interior in con21 sultation with the House and Senate Committees on Appro22 priations, and in consultation with the President’s Com23 mittee on the Arts and Humanities prior to the commit24 ment of Save America’s Treasures grant funds and with 

25 the Advisory Council on Historic Preservation prior to the 
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1 commitment of Preserve America grant funds: Provided fur2 ther, That Save America’s Treasures funds allocated for 

3 Federal projects, following approval, shall be available by 

4 transfer to appropriate accounts of individual agencies. 

5 CONSTRUCTION

6 (INCLUDING TRANSFER OF FUNDS)

7 For construction, improvements, repair or replacement 

8 of physical facilities, including the modifications authorized 

9 by section 104 of the Everglades National Park Protection 

10 and Expansion Act of 1989, $316,201,000, to remain avail11 able until expended, of which $17,000,000 for modified 

12 water deliveries to Everglades National Park shall be de13 rived by transfer from unobligated balances in the ‘‘Land 

14 Acquisition and State Assistance’’ account for Everglades 

15 National Park land acquisitions, and of which $500,000 for 

16 the Mark Twain Boyhood Home National Historic Land17 mark shall be derived from the Historic Preservation Fund 

18 pursuant to 16 U.S.C. 470a: Provided, That none of the 

19 funds available to the National Park Service may be used 

20 to plan, design, or construct any partnership project with 

21 a total value in excess of $5,000,000, without advance ap22 proval of the House and Senate Committees on Appropria23 tions: Provided further, That notwithstanding any other 

24 provision of law, the National Park Service may not accept 

25 donations or services associated with the planning, design, 

26 or construction of such new facilities without advance ap-
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1 proval of the House and Senate Committees on Appropria2 tions: Provided further, That funds provided under this 

3 heading for implementation of modified water deliveries to 

4 Everglades National Park shall be expended consistent with 

5 the requirements of the fifth proviso under this heading in 

6 Public Law 108–108: Provided further, That hereinafter 

7 notwithstanding any other provision of law, procurements 

8 for the Mount Rainier National Park Jackson Visitor Cen9 ter replacement and the rehabilitation of Paradise Inn and 

10 Annex may be issued which include the full scope of the 

11 facility: Provided further, That the solicitation and contract 

12 shall contain the clause ‘‘availability of funds’’ found at 

13 48 CFR 52.232.18: Provided further, That none of the funds 

14 provided in this or any other Act may be used for planning, 

15 design, or construction of any underground security screen16 ing or visitor contact facility at the Washington Monument 

17 until such facility has been approved in writing by the 

18 House and Senate Committees on Appropriations. 

19 LAND AND WATER CONSERVATION FUND

20 (RESCISSION)

21 The contract authority provided for fiscal year 2006 

22 by 16 U.S.C. 460l–10a is rescinded. 

23 LAND ACQUISITION AND STATE ASSISTANCE

24 For expenses necessary to carry out the Land and 

25 Water Conservation Act of 1965, as amended (16 U.S.C. 

26 460l–4 through 11), including administrative expenses, and 
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1 for acquisition of lands or waters, or interest therein, in 

2 accordance with the statutory authority applicable to the 

3 National Park Service, $86,005,000, to be derived from the 

4 Land and Water Conservation Fund and to remain avail5 able until expended, of which $30,000,000 is for the State 

6 assistance program including $1,587,000 for program ad7 ministration: Provided, That none of the funds provided for 

8 the State assistance program may be used to establish a 

9 contingency fund. 

10 ADMINISTRATIVE PROVISIONS

11 Appropriations for the National Park Service shall be 

12 available for the purchase of not to exceed 245 passenger 

13 motor vehicles, of which 199 shall be for replacement only, 

14 including not to exceed 193 for police-type use, 10 buses, 

15 and 8 ambulances: Provided, That none of the funds appro16 priated to the National Park Service may be used to imple17 ment an agreement for the redevelopment of the southern 

18 end of Ellis Island until such agreement has been submitted 

19 to the Congress and shall not be implemented prior to the 

20 expiration of 30 calendar days (not including any day in 

21 which either House of Congress is not in session because 

22 of adjournment of more than 3 calendar days to a day cer23 tain) from the receipt by the Speaker of the House of Rep24 resentatives and the President of the Senate of a full and 

25 comprehensive report on the development of the southern 

26 end of Ellis Island, including the facts and circumstances 
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1 relied upon in support of the proposed project: Provided fur2 ther, That in fiscal year 2006 and thereafter, appropria3 tions available to the National Park Service may be used 

4 to maintain the following areas in Washington, District of 

5 Columbia: Jackson Place, Madison Place, and Pennsyl6 vania Avenue between 15th and 17th Streets, Northwest. 

7 None of the funds in this Act may be spent by the Na8 tional Park Service for activities taken in direct response 

9 to the United Nations Biodiversity Convention. 

10 The National Park Service may distribute to operating 

11 units based on the safety record of each unit the costs of 

12 programs designed to improve workplace and employee safe13 ty, and to encourage employees receiving workers’ com14 pensation benefits pursuant to chapter 81 of title 5, United 

15 States Code, to return to appropriate positions for which 

16 they are medically able. 

17 If the Secretary of the Interior considers the decision 

18 of any value determination proceeding conducted under a 

19 National Park Service concession contract issued prior to 

20 November 13, 1998, to misinterpret or misapply relevant 

21 contractual requirements or their underlying legal author22 ity, the Secretary may seek, within 180 days of any such 

23 decision, the de novo review of the value determination by 

24 the United States Court of Federal Claims, and that court 
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1 may make an order affirming, vacating, modifying or cor2 recting the determination. 

3 In addition to other uses set forth in section 407(d) 

4 of Public Law 105–391, franchise fees credited to a sub5 account shall be available for expenditure by the Secretary, 

6 without further appropriation, for use at any unit within 

7 the National Park System to extinguish or reduce liability 

8 for Possessory Interest or leasehold surrender interest. Such 

9 funds may only be used for this purpose to the extent that 

10 the benefiting unit anticipated franchise fee receipts over 

11 the term of the contract at that unit exceed the amount of 

12 funds used to extinguish or reduce liability. Franchise fees 

13 at the benefiting unit shall be credited to the sub-account 

14 of the originating unit over a period not to exceed the term 

15 of a single contract at the benefiting unit, in the amount 

16 of funds so expended to extinguish or reduce liability. 

17 UNITED STATES GEOLOGICAL SURVEY

18 SURVEYS, INVESTIGATIONS, AND RESEARCH

19 For expenses necessary for the United States Geological 

20 Survey to perform surveys, investigations, and research cov21 ering topography, geology, hydrology, biology, and the min22 eral and water resources of the United States, its territories 

23 and possessions, and other areas as authorized by 43 U.S.C. 

24 31, 1332, and 1340; classify lands as to their mineral and 

25 water resources; give engineering supervision to power per-
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1 mittees and Federal Energy Regulatory Commission licens2 ees; administer the minerals exploration program (30 

3 U.S.C. 641); to conduct inquiries into the economic condi4 tions affecting mining and materials processing industries 

5 (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 

6 purposes as authorized by law; and to publish and dissemi7 nate data relative to the foregoing activities; $963,057,000, 

8 of which $63,770,000 shall be available only for cooperation 

9 with States or municipalities for water resources investiga10 tions; of which $7,791,000 shall remain available until ex11 pended for satellite operations; of which $21,720,000 shall 

12 be available until September 30, 2007, for the operation and 

13 maintenance of facilities and deferred maintenance; of 

14 which $1,600,000 shall be available until expended for de15 ferred maintenance and capital improvement projects that 

16 exceed $100,000 in cost; and of which $174,280,000 shall 

17 be available until September 30, 2007, for the biological re18 search activity and the operation of the Cooperative Re19 search Units: Provided, That from the amount provided for 

20 the biological research activity, $200,000 may be made 

21 available to the University of Missouri-Columbia to estab22 lish a wetland ecology center of excellence: Provided further, 

23 That none of the funds provided for the biological research 

24 activity shall be used to conduct new surveys on private 

25 property, unless specifically authorized in writing by the 
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1 property owner: Provided further, That no part of this ap2 propriation shall be used to pay more than one-half the cost 

3 of topographic mapping or water resources data collection 

4 and investigations carried on in cooperation with States 

5 and municipalities. 

6 ADMINISTRATIVE PROVISIONS

7 From within the amount appropriated for activities 

8 of the United States Geological Survey such sums as are 

9 necessary shall be available for the purchase and replace10 ment of passenger motor vehicles; reimbursement to the 

11 General Services Administration for security guard serv12 ices; contracting for the furnishing of topographic maps and 

13 for the making of geophysical or other specialized surveys 

14 when it is administratively determined that such proce15 dures are in the public interest; construction and mainte16 nance of necessary buildings and appurtenant facilities; ac17 quisition of lands for gauging stations and observation 

18 wells; expenses of the United States National Committee on 

19 Geology; and payment of compensation and expenses of per20 sons on the rolls of the Survey duly appointed to represent 

21 the United States in the negotiation and administration 

22 of interstate compacts: Provided, That activities funded by 

23 appropriations herein made may be accomplished through 

24 the use of contracts, grants, or cooperative agreements as 

25 defined in 31 U.S.C. 6302 et seq.: Provided further, That 

26 the United States Geological Survey may enter into con-
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1 tracts or cooperative agreements directly with individuals 

2 or indirectly with institutions or nonprofit organizations, 

3 without regard to 41 U.S.C. 5, for the temporary or inter4 mittent services of students or recent graduates, who shall 

5 be considered employees for the purpose of chapters 57 and 

6 81 of title 5, United States Code, relating to compensation 

7 for travel and work injuries, and chapter 171 of title 28, 

8 United States Code, relating to tort claims, but shall not 

9 be considered to be Federal employees for any other pur10 poses. 

11 MINERALS MANAGEMENT SERVICE

12 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

13 For expenses necessary for minerals leasing and envi14 ronmental studies, regulation of industry operations, and 

15 collection of royalties, as authorized by law; for enforcing 

16 laws and regulations applicable to oil, gas, and other min17 erals leases, permits, licenses and operating contracts; and 

18 for matching grants or cooperative agreements; including 

19 the purchase of not to exceed eight passenger motor vehicles 

20 for replacement only, $152,516,000, of which $78,529,000 

21 shall be available for royalty management activities; and 

22 an amount not to exceed $122,730,000, to be credited to this 

23 appropriation and to remain available until expended, 

24 from additions to receipts resulting from increases to rates 

25 in effect on August 5, 1993, from rate increases to fee collec-
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1 tions for Outer Continental Shelf administrative activities 

2 performed by the Minerals Management Service (MMS) 

3 over and above the rates in effect on September 30, 1993, 

4 and from additional fees for Outer Continental Shelf ad5 ministrative activities established after September 30, 1993: 

6 Provided, That to the extent $122,730,000 in additions to 

7 receipts are not realized from the sources of receipts stated 

8 above, the amount needed to reach $122,730,000 shall be 

9 credited to this appropriation from receipts resulting from 

10 rental rates for Outer Continental Shelf leases in effect be11 fore August 5, 1993: Provided further, That $3,000,000 for 

12 computer acquisitions shall remain available until Sep13 tember 30, 2007: Provided further, That not to exceed 

14 $3,000 shall be available for reasonable expenses related to 

15 promoting volunteer beach and marine cleanup activities: 

16 Provided further, That notwithstanding any other provision 

17 of law, $15,000 under this heading shall be available for 

18 refunds of overpayments in connection with certain Indian 

19 leases in which the Director of MMS concurred with the 

20 claimed refund due, to pay amounts owed to Indian 

21 allottees or tribes, or to correct prior unrecoverable erro22 neous payments: Provided further, That in fiscal year 2006 

23 and thereafter, MMS may under the royalty-in-kind pro24 gram, or under its authority to transfer oil to the Strategic 

25 Petroleum Reserve, use a portion of the revenues from roy-
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1 alty-in-kind sales, without regard to fiscal year limitation, 

2 to pay for transportation to wholesale market centers or up3 stream pooling points, to process or otherwise dispose of 

4 royalty production taken in kind, and to recover MMS 

5 transportation costs, salaries, and other administrative 

6 costs directly related to the royalty-in-kind program: Pro7 vided further, That MMS shall analyze and document the 

8 expected return in advance of any royalty-in-kind sales to 

9 assure to the maximum extent practicable that royalty in10 come under the program is equal to or greater than royalty 

11 income recognized under a comparable royalty-in-value 

12 program. 

13 OIL SPILL RESEARCH

14 For necessary expenses to carry out title I, section 

15 1016, title IV, sections 4202 and 4303, title VII, and title 

16 VIII, section 8201 of the Oil Pollution Act of 1990, 

17 $7,006,000, which shall be derived from the Oil Spill Liabil18 ity Trust Fund, to remain available until expended. 

19 OFFICE OF SURFACE MINING RECLAMATION AND

20 ENFORCEMENT

21 REGULATION AND TECHNOLOGY

22 For necessary expenses to carry out the provisions of 

23 the Surface Mining Control and Reclamation Act of 1977, 

24 Public Law 95–87, as amended, including the purchase of 

25 not to exceed 10 passenger motor vehicles, for replacement 

26 only; $110,435,000: Provided, That the Secretary of the In-
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1 terior, pursuant to regulations, may use directly or through 

2 grants to States, moneys collected in fiscal year 2006 for 

3 civil penalties assessed under section 518 of the Surface 

4 Mining Control and Reclamation Act of 1977 (30 U.S.C. 

5 1268), to reclaim lands adversely affected by coal mining 

6 practices after August 3, 1977, to remain available until 

7 expended: Provided further, That appropriations for the Of8 fice of Surface Mining Reclamation and Enforcement may 

9 provide for the travel and per diem expenses of State and 

10 tribal personnel attending Office of Surface Mining Rec11 lamation and Enforcement sponsored training. 

12 ABANDONED MINE RECLAMATION FUND

13 For necessary expenses to carry out title IV of the Sur14 face Mining Control and Reclamation Act of 1977, Public 

15 Law 95–87, as amended, including the purchase of not more 

16 than 10 passenger motor vehicles for replacement only, 

17 $188,014,000, to be derived from receipts of the Abandoned 

18 Mine Reclamation Fund and to remain available until ex19 pended; of which up to $10,000,000, to be derived from the 

20 Federal Expenses Share of the Fund, shall be for supple21 mental grants to States for the reclamation of abandoned 

22 sites with acid mine rock drainage from coal mines, and 

23 for associated activities, through the Appalachian Clean 

24 Streams Initiative: Provided, That grants to minimum pro25 gram States will be $1,500,000 per State in fiscal year 

26 2006: Provided further, That pursuant to Public Law 97– 
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1 365, the Department of the Interior is authorized to use up 

2 to 20 percent from the recovery of the delinquent debt owed 

3 to the United States Government to pay for contracts to 

4 collect these debts: Provided further, That funds made avail5 able under title IV of Public Law 95–87 may be used for 

6 any required non-Federal share of the cost of projects funded 

7 by the Federal Government for the purpose of environ8 mental restoration related to treatment or abatement of acid 

9 mine drainage from abandoned mines: Provided further, 

10 That such projects must be consistent with the purposes and 

11 priorities of the Surface Mining Control and Reclamation 

12 Act: Provided further, That the State of Maryland may set 

13 aside the greater of $1,000,000 or 10 percent of the total 

14 of the grants made available to the State under title IV of 

15 the Surface Mining Control and Reclamation Act of 1977, 

16 as amended (30 U.S.C. 1231 et seq.), if the amount set aside 

17 is deposited in an acid mine drainage abatement and treat18 ment fund established under a State law, pursuant to which 

19 law the amount (together with all interest earned on the 

20 amount) is expended by the State to undertake acid mine 

21 drainage abatement and treatment projects, except that be22 fore any amounts greater than 10 percent of its title IV 

23 grants are deposited in an acid mine drainage abatement 

24 and treatment fund, the State of Maryland must first com25 plete all Surface Mining Control and Reclamation Act pri-
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1 ority one projects: Provided further, That amounts provided 

2 under this heading may be used for the travel and per diem 

3 expenses of State and tribal personnel attending Office of 

4 Surface Mining Reclamation and Enforcement sponsored 

5 training. 

6 ADMINISTRATIVE PROVISION

7 With funds available for the Technical Innovation and 

8 Professional Services program in this Act, the Secretary 

9 may transfer title for computer hardware, software and 

10 other technical equipment to State and Tribal regulatory 

11 and reclamation programs. 

12 BUREAU OF INDIAN AFFAIRS

13 OPERATION OF INDIAN PROGRAMS

14 For expenses necessary for the operation of Indian pro15 grams, as authorized by law, including the Snyder Act of 

16 November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter17 mination and Education Assistance Act of 1975 (25 U.S.C. 

18 450 et seq.), as amended, the Education Amendments of 

19 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled 

20 Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 

21 $1,971,132,000, to remain available until September 30, 

22 2007 except as otherwise provided herein, of which not to 

23 exceed $86,462,000 shall be for welfare assistance payments 

24 and notwithstanding any other provision of law, including 

25 but not limited to the Indian Self-Determination Act of 
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1 1975, as amended, not to exceed $134,609,000 shall be 

2 available for payments to tribes and tribal organizations 

3 for contract support costs associated with ongoing contracts, 

4 grants, compacts, or annual funding agreements entered 

5 into with the Bureau prior to or during fiscal year 2006, 

6 as authorized by such Act, except that tribes and tribal or7 ganizations may use their tribal priority allocations for 

8 unmet indirect contract support costs of ongoing contracts, 

9 grants, or compacts, or annual funding agreements and for 

10 unmet welfare assistance costs; and of which not to exceed 

11 $454,725,000 for school operations costs of Bureau-funded 

12 schools and other education programs shall become available 

13 on July 1, 2006, and shall remain available until Sep14 tember 30, 2007; and of which not to exceed $61,667,000 

15 shall remain available until expended for housing improve16 ment, road maintenance, attorney fees, litigation support, 

17 the Indian Self-Determination Fund, land records improve18 ment, and the Navajo-Hopi Settlement Program: Provided, 

19 That notwithstanding any other provision of law, including 

20 but not limited to the Indian Self-Determination Act of 

21 1975, as amended, and 25 U.S.C. 2008, not to exceed 

22 $44,718,000 within and only from such amounts made 

23 available for school operations shall be available to tribes 

24 and tribal organizations for administrative cost grants as25 sociated with ongoing grants entered into with the Bureau 
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1 prior to or during fiscal year 2005 for the operation of Bu2 reau-funded schools, and up to $500,000 within and only 

3 from such amounts made available for school operations 

4 shall be available for the transitional costs of initial admin5 istrative cost grants to tribes and tribal organizations that 

6 enter into grants for the operation on or after July 1, 2005, 

7 of Bureau-operated schools: Provided further, That any for8 estry funds allocated to a tribe which remain unobligated 

9 as of September 30, 2007, may be transferred during fiscal 

10 year 2008 to an Indian forest land assistance account estab11 lished for the benefit of such tribe within the tribe’s trust 

12 fund account: Provided further, That any such unobligated 

13 balances not so transferred shall expire on September 30, 

14 2008. 

15 CONSTRUCTION

16 For construction, repair, improvement, and mainte17 nance of irrigation and power systems, buildings, utilities, 

18 and other facilities, including architectural and engineering 

19 services by contract; acquisition of lands, and interests in 

20 lands; and preparation of lands for farming, and for con21 struction of the Navajo Indian Irrigation Project pursuant 

22 to Public Law 87–483, $267,137,000, to remain available 

23 until expended: Provided, That such amounts as may be 

24 available for the construction of the Navajo Indian Irriga25 tion Project may be transferred to the Bureau of Reclama26 tion: Provided further, That not to exceed 6 percent of con-
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1 tract authority available to the Bureau of Indian Affairs 

2 from the Federal Highway Trust Fund may be used to cover 

3 the road program management costs of the Bureau: Pro4 vided further, That any funds provided for the Safety of 

5 Dams program pursuant to 25 U.S.C. 13 shall be made 

6 available on a nonreimbursable basis: Provided further, 

7 That for fiscal year 2006, in implementing new construc8 tion or facilities improvement and repair project grants in 

9 excess of $100,000 that are provided to tribally controlled 

10 grant schools under Public Law 100–297, as amended, the 

11 Secretary of the Interior shall use the Administrative and 

12 Audit Requirements and Cost Principles for Assistance Pro13 grams contained in 43 CFR part 12 as the regulatory re14 quirements: Provided further, That such grants shall not 

15 be subject to section 12.61 of 43 CFR; the Secretary and 

16 the grantee shall negotiate and determine a schedule of pay17 ments for the work to be performed: Provided further, That 

18 in considering applications, the Secretary shall consider 

19 whether the Indian tribe or tribal organization would be 

20 deficient in assuring that the construction projects conform 

21 to applicable building standards and codes and Federal, 

22 tribal, or State health and safety standards as required by 

23 25 U.S.C. 2005(b), with respect to organizational and fi24 nancial management capabilities: Provided further, That if 

25 the Secretary declines an application, the Secretary shall 
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1 follow the requirements contained in 25 U.S.C. 2504(f): 

2 Provided further, That any disputes between the Secretary 

3 and any grantee concerning a grant shall be subject to the 

4 disputes provision in 25 U.S.C. 2507(e): Provided further, 

5 That in order to ensure timely completion of replacement 

6 school construction projects, the Secretary may assume con7 trol of a project and all funds related to the project, if, with8 in eighteen months of the date of enactment of this Act, any 

9 tribe or tribal organization receiving funds appropriated 

10 in this Act or in any prior Act, has not completed the plan11 ning and design phase of the project and commenced con12 struction of the replacement school: Provided further, That 

13 this Appropriation may be reimbursed from the Office of 

14 the Special Trustee for American Indians Appropriation 

15 for the appropriate share of construction costs for space ex16 pansion needed in agency offices to meet trust reform imple17 mentation. 

18 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

19 MISCELLANEOUS PAYMENTS TO INDIANS

20 For miscellaneous payments to Indian tribes and indi21 viduals and for necessary administrative expenses, 

22 $24,754,000, to remain available until expended, for imple23 mentation of Indian land and water claim settlements pur24 suant to Public Laws 99–264, 100–580, 101–618, 106–554, 

25 107–331, and 108–34, and for implementation of other land 

26 and water rights settlements. 
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1 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

2 For the cost of guaranteed and insured loans, 

3 $6,348,000, of which $701,000 is for administrative ex4 penses, as authorized by the Indian Financing Act of 1974, 

5 as amended: Provided, That such costs, including the cost 

6 of modifying such loans, shall be as defined in section 502 

7 of the Congressional Budget Act of 1974: Provided further, 

8 That these funds are available to subsidize total loan prin9 cipal, any part of which is to be guaranteed, not to exceed 

10 $118,884,000. 

11 ADMINISTRATIVE PROVISIONS

12 The Bureau of Indian Affairs may carry out the oper13 ation of Indian programs by direct expenditure, contracts, 

14 cooperative agreements, compacts and grants, either di15 rectly or in cooperation with States and other organiza16 tions. 

17 Notwithstanding 25 U.S.C. 15, the Bureau of Indian 

18 Affairs may contract for services in support of the manage19 ment, operation, and maintenance of the Power Division 

20 of the San Carlos Irrigation Project. 

21 Appropriations for the Bureau of Indian Affairs (ex22 cept the revolving fund for loans, the Indian loan guarantee 

23 and insurance fund, and the Indian Guaranteed Loan Pro24 gram account) shall be available for expenses of exhibits, 

25 and purchase of not to exceed 229 passenger motor vehicles, 

26 of which not to exceed 187 shall be for replacement only. 
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1 Notwithstanding any other provision of law, no funds 

2 available to the Bureau of Indian Affairs for central office 

3 operations or pooled overhead general administration (ex4 cept facilities operations and maintenance) shall be avail5 able for tribal contracts, grants, compacts, or cooperative 

6 agreements with the Bureau of Indian Affairs under the 

7 provisions of the Indian Self-Determination Act or the 

8 Tribal Self-Governance Act of 1994 (Public Law 103–413). 

9 In the event any tribe returns appropriations made 

10 available by this Act to the Bureau of Indian Affairs for 

11 distribution to other tribes, this action shall not diminish 

12 the Federal Government’s trust responsibility to that tribe, 

13 or the government-to-government relationship between the 

14 United States and that tribe, or that tribe’s ability to access 

15 future appropriations. 

16 Notwithstanding any other provision of law, no funds 

17 available to the Bureau, other than the amounts provided 

18 herein for assistance to public schools under 25 U.S.C. 452 

19 et seq., shall be available to support the operation of any 

20 elementary or secondary school in the State of Alaska. 

21 Appropriations made available in this or any other 

22 Act for schools funded by the Bureau shall be available only 

23 to the schools in the Bureau school system as of September 

24 1, 1996. No funds available to the Bureau shall be used to 

25 support expanded grades for any school or dormitory be-
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1 yond the grade structure in place or approved by the Sec2 retary of the Interior at each school in the Bureau school 

3 system as of October 1, 1995. Funds made available under 

4 this Act may not be used to establish a charter school at 

5 a Bureau-funded school (as that term is defined in section 

6 1146 of the Education Amendments of 1978 (25 U.S.C. 

7 2026)), except that a charter school that is in existence on 

8 the date of the enactment of this Act and that has operated 

9 at a Bureau-funded school before September 1, 1999, may 

10 continue to operate during that period, but only if the char11 ter school pays to the Bureau a pro rata share of funds 

12 to reimburse the Bureau for the use of the real and personal 

13 property (including buses and vans), the funds of the char14 ter school are kept separate and apart from Bureau funds, 

15 and the Bureau does not assume any obligation for charter 

16 school programs of the State in which the school is located 

17 if the charter school loses such funding. Employees of Bu18 reau-funded schools sharing a campus with a charter school 

19 and performing functions related to the charter school’s op20 eration and employees of a charter school shall not be treat21 ed as Federal employees for purposes of chapter 171 of title 

22 28, United States Code. 

23 Notwithstanding any other provision of law, including 

24 section 113 of title I of appendix C of Public Law 106– 

25 113, if a tribe or tribal organization in fiscal year 2003 
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1 or 2004 received indirect and administrative costs pursuant 

2 to a distribution formula based on section 5(f) of Public 

3 Law 101–301, the Secretary shall continue to distribute in4 direct and administrative cost funds to such tribe or tribal 

5 organization using the section 5(f) distribution formula. 

6 DEPARTMENTAL OFFICES

7 INSULAR AFFAIRS

8 ASSISTANCE TO TERRITORIES

9 For expenses necessary for assistance to territories 

10 under the jurisdiction of the Department of the Interior, 

11 $76,683,000, of which: (1) $69,802,000 shall be available 

12 until expended for technical assistance, including mainte13 nance assistance, disaster assistance, insular management 

14 controls, coral reef initiative activities, and brown tree 

15 snake control and research; grants to the judiciary in Amer16 ican Samoa for compensation and expenses, as authorized 

17 by law (48 U.S.C. 1661(c)); grants to the Government of 

18 American Samoa, in addition to current local revenues, for 

19 construction and support of governmental functions; grants 

20 to the Government of the Virgin Islands as authorized by 

21 law; grants to the Government of Guam, as authorized by 

22 law; and grants to the Government of the Northern Mariana 

23 Islands as authorized by law (Public Law 94–241; 90 Stat. 

24 272); and (2) $6,881,000 shall be available for salaries and 

25 expenses of the Office of Insular Affairs: Provided, That all 
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1 financial transactions of the territorial and local govern2 ments herein provided for, including such transactions of 

3 all agencies or instrumentalities established or used by such 

4 governments, may be audited by the Government Account5 ability Office, at its discretion, in accordance with chapter 

6 35 of title 31, United States Code: Provided further, That 

7 Northern Mariana Islands Covenant grant funding shall be 

8 provided according to those terms of the Agreement of the 

9 Special Representatives on Future United States Financial 

10 Assistance for the Northern Mariana Islands approved by 

11 Public Law 104–134: Provided further, That of the amounts 

12 provided for technical assistance, sufficient funds shall be 

13 made available for a grant to the Pacific Basin Develop14 ment Council: Provided further, That of the amounts pro15 vided for technical assistance, sufficient funding shall be 

16 made available for a grant to the Close Up Foundation: 

17 Provided further, That the funds for the program of oper18 ations and maintenance improvement are appropriated to 

19 institutionalize routine operations and maintenance im20 provement of capital infrastructure with territorial partici21 pation and cost sharing to be determined by the Secretary 

22 based on the grantee’s commitment to timely maintenance 

23 of its capital assets: Provided further, That any appropria24 tion for disaster assistance under this heading in this Act 

25 or previous appropriations Acts may be used as non-Fed-
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1 eral matching funds for the purpose of hazard mitigation 

2 grants provided pursuant to section 404 of the Robert T. 

3 Stafford Disaster Relief and Emergency Assistance Act (42 

4 U.S.C. 5170c). 

5 COMPACTOF FREE ASSOCIATION

6 For grants and necessary expenses, $4,862,000, to re7 main available until expended, as provided for in sections 

8 221(a)(2), 221(b), and 233 of the Compact of Free Associa9 tion for the Republic of Palau; and section 221(a)(2) of the 

10 Compacts of Free Association for the Government of the Re11 public of the Marshall Islands and the Federated States of 

12 Micronesia, as authorized by Public Law 99–658 and Pub13 lic Law 108–188. 

14 DEPARTMENTAL MANAGEMENT

15 SALARIES AND EXPENSES

16 For necessary expenses for management of the Depart17 ment of the Interior, $94,627,000; of which $7,441,000 is 

18 to be derived from the Land and Water Conservation Fund 

19 and shall remain available until expended; of which not to 

20 exceed $8,500 may be for official reception and representa21 tion expenses; and of which up to $1,000,000 shall be avail22 able for workers compensation payments and unemploy23 ment compensation payments associated with the orderly 

24 closure of the United States Bureau of Mines: Provided, 

25 That none of the funds in this Act or previous appropria26 tions Acts may be used to establish reserves in the Working 
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1 Capital Fund account other than for accrued annual leave 

2 and depreciation of equipment without prior approval of 

3 the House and Senate Committees on Appropriations: Pro4 vided further, That amounts otherwise appropriated by this 

5 Act for administrative expenses in operating accounts for 

6 bureaus and offices of the Department of the Interior are 

7 reduced by $12,000,000 and, not later than 30 days after 

8 the date of enactment of this Act, the Director of the Office 

9 of Management and Budget shall submit to the Committees 

10 on Appropriations of the House of Representatives and the 

11 Senate a listing by account of the pro rata reduction in 

12 such accounts made pursuant to this provision. 

13 WORKING CAPITAL FUND

14 For the acquisition of a departmental financial and 

15 business management system, $22,555,000, to remain avail16 able until expended. 

17 PAYMENTS IN LIEU OF TAXES

18 For expenses necessary to implement the Act of October 

19 20, 1976, as amended (31 U.S.C. 6901–6907), 

20 $235,000,000, of which not to exceed $400,000 shall be 

21 available for administrative expenses: Provided, That no 

22 payment shall be made to otherwise eligible units of local 

23 government if the computed amount of the payment is less 

24 than $100. 
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1 CENTRAL HAZARDOUS MATERIALS FUND

2 For necessary expenses of the Department of the Inte3 rior and any of its component offices and bureaus for the 

4 remedial action, including associated activities, of haz5 ardous waste substances, pollutants, or contaminants pur6 suant to the Comprehensive Environmental Response, Com7 pensation, and Liability Act, as amended (42 U.S.C. 9601 

8 et seq.), $9,855,000, to remain available until expended: 

9 Provided, That hereafter, notwithstanding 31 U.S.C. 3302, 

10 sums recovered from or paid by a party in advance of or 

11 as reimbursement for remedial action or response activities 

12 conducted by the Department pursuant to section 107 or 

13 113(f) of such Act, shall be credited to this account, to be 

14 available until expended without further appropriation: 

15 Provided further, That hereafter such sums recovered from 

16 or paid by any party are not limited to monetary payments 

17 and may include stocks, bonds or other personal or real 

18 property, which may be retained, liquidated, or otherwise 

19 disposed of by the Secretary and which shall be credited 

20 to this account. 

21 OFFICE OF THE SOLICITOR

22 SALARIES AND EXPENSES

23 For necessary expenses of the Office of the Solicitor, 

24 $55,652,000. 
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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector Gen4 eral, $39,116,000. 

5 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

6 FEDERAL TRUST PROGRAMS

7 For the operation of trust programs for Indians by di8 rect expenditure, contracts, cooperative agreements, com9 pacts, and grants, $191,593,000, to remain available until 

10 expended, of which not to exceed $58,000,000 shall be avail11 able for historical accounting: Provided, That funds for 

12 trust management improvements and litigation support 

13 may, as needed, be transferred to or merged with the Bureau 

14 of Indian Affairs, ‘‘Operation of Indian Programs’’ ac15 count; the Office of the Solicitor, ‘‘Salaries and Expenses’’ 

16 account; and the Departmental Management, ‘‘Salaries and 

17 Expenses’’ account: Provided further, That funds made 

18 available to Tribes and Tribal organizations through con19 tracts or grants obligated during fiscal year 2006, as au20 thorized by the Indian Self-Determination Act of 1975 (25 

21 U.S.C. 450 et seq.), shall remain available until expended 

22 by the contractor or grantee: Provided further, That, not23 withstanding any other provision of law, the statute of limi24 tations shall not commence to run on any claim, including 

25 any claim in litigation pending on the date of the enact-
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1 ment of this Act, concerning losses to or mismanagement 

2 of trust funds, until the affected tribe or individual Indian 

3 has been furnished with an accounting of such funds from 

4 which the beneficiary can determine whether there has been 

5 a loss: Provided further, That, notwithstanding any other 

6 provision of law, the Secretary shall not be required to pro7 vide a quarterly statement of performance for any Indian 

8 trust account that has not had activity for at least 18 

9 months and has a balance of $1.00 or less: Provided further, 

10 That the Secretary shall issue an annual account statement 

11 and maintain a record of any such accounts and shall per12 mit the balance in each such account to be withdrawn upon 

13 the express written request of the account holder: Provided 

14 further, That, not to exceed $50,000 is available for the Sec15 retary to make payments to correct administrative errors 

16 of either disbursements from or deposits to Individual In17 dian Money or Tribal accounts after September 30, 2002: 

18 Provided further, That erroneous payments that are recov19 ered shall be credited to and remain available in this ac20 count for this purpose. 

21 INDIAN LAND CONSOLIDATION

22 For consolidation of fractional interests in Indian 

23 lands and expenses associated with redetermining and re24 distributing escheated interests in allotted lands, and for 

25 necessary expenses to carry out the Indian Land Consolida26 tion Act of 1983, as amended, by direct expenditure or coop-
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1 erative agreement, $34,514,000, to remain available until 

2 expended, and which may be transferred to the Bureau of 

3 Indian Affairs and Departmental Management accounts: 

4 Provided, That funds provided under this heading may be 

5 expended pursuant to the authorities contained in the pro6 visos under the heading ‘‘Office of Special Trustee for Amer7 ican Indians, Indian Land Consolidation’’ of the Interior 

8 and Related Agencies Appropriations Act, 2001 (Public 

9 Law 106–291). 

10 NATURAL RESOURCES DAMAGE ASSESSMENTAND

11 RESTORATION

12 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

13 To conduct natural resource damage assessment and 

14 restoration activities by the Department of the Interior nec15 essary to carry out the provisions of the Comprehensive En16 vironmental Response, Compensation, and Liability Act, as 

17 amended (42 U.S.C. 9601 et seq.), Federal Water Pollution 

18 Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 

19 Pollution Act of 1990 (Public Law 101–380) (33 U.S.C. 

20 2701 et seq.), and Public Law 101–337, as amended (16 

21 U.S.C. 19jj et seq.), $6,106,000, to remain available until 

22 expended. 

23 ADMINISTRATIVE PROVISIONS

24 There is hereby authorized for acquisition from avail25 able resources within the Working Capital Fund, 15 air26 craft, 10 of which shall be for replacement and which may 
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1 be obtained by donation, purchase or through available ex2 cess surplus property: Provided, That existing aircraft 

3 being replaced may be sold, with proceeds derived or trade4 in value used to offset the purchase price for the replacement 

5 aircraft: Provided further, That no programs funded with 

6 appropriated funds in the ‘‘Departmental Management’’, 

7 ‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’ 

8 may be augmented through the Working Capital Fund: Pro9 vided further, That the annual budget justification for De10 partmental Management shall describe estimated Working 

11 Capital Fund charges to bureaus and offices, including the 

12 methodology on which charges are based: Provided further, 

13 That departures from the Working Capital Fund estimates 

14 contained in the Departmental Management budget jus15 tification shall be presented to the Committees on Appro16 priations for approval: Provided further, That the Secretary 

17 shall provide a semi-annual report to the Committees on 

18 Appropriations on reimbursable support agreements be19 tween the Office of the Secretary and the National Business 

20 Center and the bureaus and offices of the Department, in21 cluding the amounts billed pursuant to such agreements. 

22 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

23 SEC. 101. Appropriations made in this title shall be 

24 available for expenditure or transfer (within each bureau 

25 or office), with the approval of the Secretary, for the emer-
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1 gency reconstruction, replacement, or repair of aircraft, 

2 buildings, utilities, or other facilities or equipment dam3 aged or destroyed by fire, flood, storm, or other unavoidable 

4 causes: Provided, That no funds shall be made available 

5 under this authority until funds specifically made available 

6 to the Department of the Interior for emergencies shall have 

7 been exhausted: Provided further, That all funds used pur8 suant to this section are hereby designated as an emergency 

9 requirement pursuant to section 402 of H. Con. Res. 95 

10 (109th Congress), and must be replenished by a supple11 mental appropriation which must be requested as promptly 

12 as possible. 

13 SEC. 102. The Secretary may authorize the expendi14 ture or transfer of any no year appropriation in this title, 

15 in addition to the amounts included in the budget programs 

16 of the several agencies, for the suppression or emergency 

17 prevention of wildland fires on or threatening lands under 

18 the jurisdiction of the Department of the Interior; for the 

19 emergency rehabilitation of burned-over lands under its ju20 risdiction; for emergency actions related to potential or ac21 tual earthquakes, floods, volcanoes, storms, or other un22 avoidable causes; for contingency planning subsequent to 

23 actual oil spills; for response and natural resource damage 

24 assessment activities related to actual oil spills; for the pre25 vention, suppression, and control of actual or potential 
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1 grasshopper and Mormon cricket outbreaks on lands under 

2 the jurisdiction of the Secretary, pursuant to the authority 

3 in section 1773(b) of Public Law 99–198 (99 Stat. 1658); 

4 for emergency reclamation projects under section 410 of 

5 Public Law 95–87; and shall transfer, from any no year 

6 funds available to the Office of Surface Mining Reclamation 

7 and Enforcement, such funds as may be necessary to permit 

8 assumption of regulatory authority in the event a primacy 

9 State is not carrying out the regulatory provisions of the 

10 Surface Mining Act: Provided, That appropriations made 

11 in this title for wildland fire operations shall be available 

12 for the payment of obligations incurred during the pre13 ceding fiscal year, and for reimbursement to other Federal 

14 agencies for destruction of vehicles, aircraft, or other equip15 ment in connection with their use for wildland fire oper16 ations, such reimbursement to be credited to appropriations 

17 currently available at the time of receipt thereof: Provided 

18 further, That for wildland fire operations, no funds shall 

19 be made available under this authority until the Secretary 

20 determines that funds appropriated for ‘‘wildland fire oper21 ations’’ shall be exhausted within 30 days: Provided further, 

22 That all funds used pursuant to this section are hereby des23 ignated as an emergency requirement pursuant to section 

24 402 of H. Con. Res. 95 (109th Congress), and must be re25 plenished by a supplemental appropriation which must be 
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1 requested as promptly as possible: Provided further, That 

2 such replenishment funds shall be used to reimburse, on a 

3 pro rata basis, accounts from which emergency funds were 

4 transferred. 

5 SEC. 103. Appropriations made to the Department of 

6 the Interior in this title shall be available for services as 

7 authorized by 5 U.S.C. 3109, when authorized by the Sec8 retary, in total amount not to exceed $500,000; hire, main9 tenance, and operation of aircraft; hire of passenger motor 

10 vehicles; purchase of reprints; payment for telephone service 

11 in private residences in the field, when authorized under 

12 regulations approved by the Secretary; and the payment of 

13 dues, when authorized by the Secretary, for library member14 ship in societies or associations which issue publications to 

15 members only or at a price to members lower than to sub16 scribers who are not members. 

17 SEC. 104. No funds provided in this title may be ex18 pended by the Department of the Interior for the conduct 

19 of offshore preleasing, leasing and related activities placed 

20 under restriction in the President’s moratorium statement 

21 of June 12, 1998, in the areas of northern, central, and 

22 southern California; the North Atlantic; Washington and 

23 Oregon; and the eastern Gulf of Mexico south of 26 degrees 

24 north latitude and east of 86 degrees west longitude. 
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1 SEC. 105. No funds provided in this title may be ex2 pended by the Department of the Interior to conduct offshore 

3 oil and natural gas preleasing, leasing and related activi4 ties in the eastern Gulf of Mexico planning area for any 

5 lands located outside Sale 181, as identified in the final 

6 Outer Continental Shelf 5-Year Oil and Gas Leasing Pro7 gram, 1997–2002. 

8 SEC. 106. No funds provided in this title may be ex9 pended by the Department of the Interior to conduct oil and 

10 natural gas preleasing, leasing and related activities in the 

11 Mid-Atlantic and South Atlantic planning areas. 

12 SEC. 107. Appropriations made in this Act under the 

13 headings Bureau of Indian Affairs and Office of Special 

14 Trustee for American Indians and any unobligated bal15 ances from prior appropriations Acts made under the same 

16 headings shall be available for expenditure or transfer for 

17 Indian trust management and reform activities, except that 

18 total funding for historical accounting activities shall not 

19 exceed amounts specifically designated in this Act for such 

20 purpose. 

21 SEC. 108. Notwithstanding any other provision of law, 

22 in fiscal years 2006 through 2010, for the purpose of reduc23 ing the backlog of Indian probate cases in the Department 

24 of the Interior, the hearing requirements of chapter 10 of 

25 title 25, United States Code, are deemed satisfied by a pro-
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1 ceeding conducted by an Indian probate judge, appointed 

2 by the Secretary without regard to the provisions of title 

3 5, United States Code, governing the appointments in the 

4 competitive service, for such period of time as the Secretary 

5 determines necessary: Provided, That the basic pay of an 

6 Indian probate judge so appointed may be fixed by the Sec7 retary without regard to the provisions of chapter 51, and 

8 subchapter III of chapter 53 of title 5, United States Code, 

9 governing the classification and pay of General Schedule 

10 employees, except that no such Indian probate judge may 

11 be paid at a level which exceeds the maximum rate payable 

12 for the highest grade of the General Schedule, including lo13 cality pay. 

14 SEC. 109. Notwithstanding any other provision of law, 

15 the Secretary of the Interior is authorized to redistribute 

16 any Tribal Priority Allocation funds, including tribal base 

17 funds, to alleviate tribal funding inequities by transferring 

18 funds to address identified, unmet needs, dual enrollment, 

19 overlapping service areas or inaccurate distribution meth20 odologies. No tribe shall receive a reduction in Tribal Pri21 ority Allocation funds of more than 10 percent in fiscal 

22 year 2006. Under circumstances of dual enrollment, over23 lapping service areas or inaccurate distribution methodolo24 gies, the 10 percent limitation does not apply. 
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1 SEC. 110. (a)(1) For fiscal year 2006 and each suc2 ceeding fiscal year, any funds made available by this Act 

3 for the Southwest Indian Polytechnic Institute and Haskell 

4 Indian Nations University for postsecondary programs of 

5 the Bureau of Indian Affairs in excess of the amount made 

6 available for those postsecondary programs for fiscal year 

7 2005 shall be allocated in direct proportion to the need of 

8 the schools, as determined in accordance with the postsec9 ondary funding formula adopted by the Office of Indian 

10 Education Programs. 

11 (2) For fiscal year 2007 and each succeeding fis12 cal year, the Bureau of Indian Affairs shall use the 

13 postsecondary funding formula adopted by the Office 

14 of Indian Education Programs based on the needs of 

15 the Southwest Indian Polytechnic Institute and Has16 kell Indian Nations University to justify the amounts 

17 submitted as part of the budget request of the Depart18 ment of the Interior. 

19 SEC. 111. Notwithstanding any other provision of law, 

20 in conveying the Twin Cities Research Center under the au21 thority provided by Public Law 104–134, as amended by 

22 Public Law 104–208, the Secretary may accept and retain 

23 land and other forms of reimbursement: Provided, That the 

24 Secretary may retain and use any such reimbursement 

25 until expended and without further appropriation: (1) for 
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1 the benefit of the National Wildlife Refuge System within 

2 the State of Minnesota; and (2) for all activities authorized 

3 by Public Law 100–696; 16 U.S.C. 460zz. 

4 SEC. 112. The Secretary of the Interior may use or 

5 contract for the use of helicopters or motor vehicles on the 

6 Sheldon and Hart National Wildlife Refuges for the purpose 

7 of capturing and transporting horses and burros. The provi8 sions of subsection (a) of the Act of September 8, 1959 (18 

9 U.S.C. 47(a)) shall not be applicable to such use. Such use 

10 shall be in accordance with humane procedures prescribed 

11 by the Secretary. 

12 SEC. 113. Funds provided in this Act for Federal land 

13 acquisition by the National Park Service for Shenandoah 

14 Valley Battlefields National Historic District and Ice Age 

15 National Scenic Trail may be used for a grant to a State, 

16 a local government, or any other land management entity 

17 for the acquisition of lands without regard to any restric18 tion on the use of Federal land acquisition funds provided 

19 through the Land and Water Conservation Fund Act of 

20 1965 as amended. 

21 SEC. 114. None of the funds made available by this 

22 Act may be obligated or expended by the National Park 

23 Service to enter into or implement a concession contract 

24 which permits or requires the removal of the underground 

25 lunchroom at the Carlsbad Caverns National Park. 
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1 SEC. 115. None of the funds in this or any other Act 

2 can be used to compensate the Special Master and the Spe3 cial Master-Monitor, and all variations thereto, appointed 

4 by the United States District Court for the District of Co5 lumbia in the Cobell v. Norton litigation at an annual rate 

6 that exceeds 200 percent of the highest Senior Executive 

7 Service rate of pay for the Washington-Baltimore locality 

8 pay area. 

9 SEC. 116. The Secretary of the Interior may use discre10 tionary funds to pay private attorneys fees and costs for 

11 employees and former employees of the Department of the 

12 Interior reasonably incurred in connection with Cobell v. 

13 Norton to the extent that such fees and costs are not paid 

14 by the Department of Justice or by private insurance. In 

15 no case shall the Secretary make payments under this sec16 tion that would result in payment of hourly fees in excess 

17 of the highest hourly rate approved by the District Court 

18 for the District of Columbia for counsel in Cobell v. Norton. 

19 SEC. 117. (a) IN GENERAL.—Nothing in section 134 

20 of the Department of the Interior and Related Agencies Ap21 propriations Act, 2002 (115 Stat. 443) affects the decision 

22 of the United States Court of Appeals for the 10th Circuit 

23 in Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001). 

24 (b) USE OF CERTAIN INDIAN LAND.—Nothing in this 

25 section permits the conduct of gaming under the Indian 
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1 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land 

2 described in section 123 of the Department of the Interior 

3 and Related Agencies Appropriations Act, 2001 (114 Stat. 

4 944), or land that is contiguous to that land, regardless of 

5 whether the land or contiguous land has been taken into 

6 trust by the Secretary of the Interior. 

7 SEC. 118. No funds appropriated for the Department 

8 of the Interior by this Act or any other Act shall be used 

9 to study or implement any plan to drain Lake Powell or 

10 to reduce the water level of the lake below the range of water 

11 levels required for the operation of the Glen Canyon Dam. 

12 SEC. 119. Notwithstanding the limitation in subpara13 graph (2)(B) of section 18(a) of the Indian Gaming Regu14 latory Act (25 U.S.C. 2717(a)), the total amount of all fees 

15 imposed by the National Indian Gaming Commission for 

16 fiscal year 2007 shall not exceed $12,000,000. 

17 SEC. 120. Notwithstanding any implementation of the 

18 Department of the Interior’s trust reorganization or re19 engineering plans, or the implementation of the ‘‘To Be’’ 

20 Model, funds appropriated for fiscal year 2006 shall be 

21 available to the tribes within the California Tribal Trust 

22 Reform Consortium and to the Salt River Pima-Maricopa 

23 Indian Community, the Confederated Salish and Kootenai 

24 Tribes of the Flathead Reservation and the Chippewa Cree 

25 Tribe of the Rocky Boys Reservation through the same 
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1 methodology as funds were distributed in fiscal year 2003. 

2 This Demonstration Project shall continue to operate sepa3 rate and apart from the Department of the Interior’s trust 

4 reform and reorganization and the Department shall not 

5 impose its trust management infrastructure upon or alter 

6 the existing trust resource management systems of the above 

7 referenced tribes having a self-governance compact and op8 erating in accordance with the Tribal Self-Governance Pro9 gram set forth in 25 U.S.C. 458aa–458hh: Provided, That 

10 the California Trust Reform Consortium and any other 

11 participating tribe agree to carry out their responsibilities 

12 under the same written and implemented fiduciary stand13 ards as those being carried by the Secretary of the Interior: 

14 Provided further, That they demonstrate to the satisfaction 

15 of the Secretary that they have the capability to do so: Pro16 vided further, That the Department shall provide funds to 

17 the tribes in an amount equal to that required by 25 U.S.C. 

18 458cc(g)(3), including funds specifically or functionally re19 lated to the provision of trust services to the tribes or their 

20 members. 

21 SEC. 121. Notwithstanding any provision of law, in22 cluding 42 U.S.C. 4321 et. seq., nonrenewable grazing per23 mits authorized in the Jarbidge Field Office, Bureau of 

24 Land Management within the past 9 years, shall be re25 newed. The Animal Unit Months contained in the most re-
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1 cently expired nonrenewable grazing permit, authorized be2 tween March 1, 1997, and February 28, 2003, shall con3 tinue in effect under the renewed permit. Nothing in this 

4 section shall be deemed to extend the nonrenewable permits 

5 beyond the standard 1-year term. 

6 SEC. 122. Notwithstanding any other provision of law, 

7 the Secretary of the Interior is authorized to acquire lands, 

8 waters, or interests therein including the use of all or part 

9 of any pier, dock, or landing within the State of New York 

10 and the State of New Jersey, for the purpose of operating 

11 and maintaining facilities in the support of transportation 

12 and accommodation of visitors to Ellis, Governors, and Lib13 erty Islands, and of other program and administrative ac14 tivities, by donation or with appropriated funds, including 

15 franchise fees (and other monetary consideration), or by ex16 change; and the Secretary is authorized to negotiate and 

17 enter into leases, subleases, concession contracts or other 

18 agreements for the use of such facilities on such terms and 

19 conditions as the Secretary may determine reasonable. 

20 SEC. 123. Notwithstanding any other provision of law, 

21 the National Park Service final winter use rules published 

22 in Part VII of the Federal Register for November 10, 2004, 

23 69 Fed. Reg. 65348 et seq., shall be in force and effect for 

24 the winter use season of 2005–2006 that commences on or 

25 about December 15, 2005. 
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1 SEC. 124. Section 1121(d) of the Education Amend2 ments of 1978 (25 U.S.C. 2001(d)) is amended by striking 

3 paragraph (7) and inserting the following: 

4 ‘‘(7) APPROVAL OF INDIAN TRIBES.—The Sec5 retary shall not terminate, close, consolidate, contract, 

6 transfer to another authority, or take any other ac7 tion relating to an elementary school or secondary 

8 school (or any program of such a school) of an Indian 

9 tribe without the approval of the governing body of 

10 any Indian tribe that would be affected by such an 

11 action.’’. 

12 SEC. 125. (a) U.S.S. ARIZONA MEMORIAL PARKING

13 FEE.—Notwithstanding any other provision of law, the 

14 Secretary of the Interior is authorized to charge a fee for 

15 visitor parking at the U.S.S. Arizona Memorial and to re16 tain and expend the revenues, without further appropria17 tion, for the lease of administrative facilities within or near 

18 the area at the memorial administered by the National 

19 Park Service. 

20 (b) AUTHORITY FOR AGREEMENTS.—The Secretary of 

21 the Interior is further authorized to enter into agreements 

22 with public and private entities for the purpose of stream23 lining visitor services by providing visitor information and 

24 admission tickets for National Park Service-administered 

25 sites and other attractions in the vicinity, including but 
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1 not limited to the U.S.S. Missouri, the Pacific Air Museum 

2 of Pearl Harbor, and the U.S.S. Bowfin submarine mu3 seum. 

4 SEC. 126. Section 108(e) of the Act entitled ‘‘An Act 

5 to establish the Kalaupapa National Historical Park in the 

6 State of Hawaii, and for other purposes’’ (16 U.S.C. 410jj– 

7 7) is amended by striking ‘‘twenty-five years from’’ and in8 serting ‘‘on the date that is 45 years after’’. 

9 SEC. 127. Section 402(b) of the Surface Mining Con10 trol and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is 

11 amended by striking ‘‘September 30, 2005,’’ and inserting 

12 ‘‘June 30, 2006,’’. 

13 SEC. 128. (a) For necessary expenses for the Memorial 

14 to Martin Luther King, Jr., there is hereby made available 

15 to the Secretary of the Interior $10,000,000, to remain 

16 available until expended, for activities authorized by section 

17 508 of the Omnibus Parks and Public Lands Management 

18 Act of 1996 (40 U.S.C. 8903 note; Public Law 104–333). 

19 (b) Section 508(c) of the Omnibus Parks and Public 

20 Lands Management Act of 1996 (40 U.S.C. 8903 note; Pub21 lic Law 104–333) is amended by striking the second sen22 tence. 

23 (c) Notwithstanding any other provision of this Act, 

24 the amount reduced in title I in the second proviso under 
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1 the heading Departmental Management, Salaries and Ex2 penses, is further reduced by $10,000,000. 

3 TITLE II—ENVIRONMENTAL PROTECTION 

4 AGENCY 

5 SCIENCE AND TECHNOLOGY

6 For science and technology, including research and de7 velopment activities, which shall include research and devel8 opment activities under the Comprehensive Environmental 

9 Response, Compensation, and Liability Act of 1980, as 

10 amended; necessary expenses for personnel and related costs 

11 and travel expenses, including uniforms, or allowances 

12 therefor, as authorized by 5 U.S.C. 5901–5902; services as 

13 authorized by 5 U.S.C. 3109, but at rates for individuals 

14 not to exceed the per diem rate equivalent to the maximum 

15 rate payable for senior level positions under 5 U.S.C. 5376; 

16 procurement of laboratory equipment and supplies; other 

17 operating expenses in support of research and development; 

18 construction, alteration, repair, rehabilitation, and renova19 tion of facilities, not to exceed $85,000 per project, 

20 $730,795,000, to remain available until September 30, 

21 2007. 

22 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

23 For environmental programs and management, in24 cluding necessary expenses, not otherwise provided for, for 

25 personnel and related costs and travel expenses, including 
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1 uniforms, or allowances therefor, as authorized by 5 U.S.C. 

2 5901–5902; services as authorized by 5 U.S.C. 3109, but 

3 at rates for individuals not to exceed the per diem rate 

4 equivalent to the maximum rate payable for senior level po5 sitions under 5 U.S.C. 5376; hire of passenger motor vehi6 cles; hire, maintenance, and operation of aircraft; purchase 

7 of reprints; library memberships in societies or associations 

8 which issue publications to members only or at a price to 

9 members lower than to subscribers who are not members; 

10 construction, alteration, repair, rehabilitation, and renova11 tion of facilities, not to exceed $85,000 per project; and not 

12 to exceed $9,000 for official reception and representation 

13 expenses, $2,333,416,000, to remain available until Sep14 tember 30, 2007, including administrative costs of the 

15 brownfields program under the Small Business Liability 

16 Relief and Brownfields Revitalization Act of 2002. 

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector Gen19 eral in carrying out the provisions of the Inspector General 

20 Act of 1978, as amended, and for construction, alteration, 

21 repair, rehabilitation, and renovation of facilities, not to 

22 exceed $85,000 per project, $36,955,000, to remain available 

23 until September 30, 2007. 
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1 BUILDINGS AND FACILITIES

2 For construction, repair, improvement, extension, al3 teration, and purchase of fixed equipment or facilities of, 

4 or for use by, the Environmental Protection Agency, 

5 $40,218,000, to remain available until expended. 

6 HAZARDOUS SUBSTANCE SUPERFUND

7 (INCLUDING TRANSFERS OF FUNDS)

8 For necessary expenses to carry out the Comprehensive 

9 Environmental Response, Compensation, and Liability Act 

10 of 1980 (CERCLA), as amended, including sections 

11 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and 

12 for construction, alteration, repair, rehabilitation, and ren13 ovation of facilities, not to exceed $85,000 per project; 

14 $1,256,165,000, to remain available until expended, con15 sisting of such sums as are available in the Trust Fund 

16 upon the date of enactment of this Act as authorized by 

17 section 517(a) of the Superfund Amendments and Reau18 thorization Act of 1986 (SARA) and up to $1,256,165,000 

19 as a payment from general revenues to the Hazardous Sub20 stance Superfund for purposes as authorized by section 

21 517(b) of SARA, as amended: Provided, That funds appro22 priated under this heading may be allocated to other Fed23 eral agencies in accordance with section 111(a) of 

24 CERCLA: Provided further, That of the funds appropriated 

25 under this heading, $13,536,000 shall be transferred to the 
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1 ‘‘Office of Inspector General’’ appropriation to remain 

2 available until September 30, 2007, and $30,606,000 shall 

3 be transferred to the ‘‘Science and Technology’’ appropria4 tion to remain available until September 30, 2007. 

5 LEAKING UNDERGROUND STORAGE TANK PROGRAM

6 For necessary expenses to carry out leaking under7 ground storage tank cleanup activities authorized by section 

8 205 of the Superfund Amendments and Reauthorization Act 

9 of 1986, and for construction, alteration, repair, rehabilita10 tion, and renovation of facilities, not to exceed $85,000 per 

11 project, $73,027,000, to remain available until expended. 

12 OIL SPILL RESPONSE

13 For expenses necessary to carry out the Environmental 

14 Protection Agency’s responsibilities under the Oil Pollution 

15 Act of 1990, $15,863,000, to be derived from the Oil Spill 

16 Liability trust fund, to remain available until expended. 

17 STATE AND TRIBAL ASSISTANCE GRANTS

18 (INCLUDING RESCISSION OF FUNDS)

19 For environmental programs and infrastructure as20 sistance, including capitalization grants for State revolving 

21 funds and performance partnership grants, $3,453,550,000, 

22 to remain available until expended, of which 

23 $1,100,000,000 shall be for making capitalization grants for 

24 the Clean Water State Revolving Funds under title VI of 

25 the Federal Water Pollution Control Act, as amended (the 
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1 ‘‘Act’’); $850,000,000 shall be for capitalization grants for 

2 the Drinking Water State Revolving Funds under section 

3 1452 of the Safe Drinking Water Act, as amended, except 

4 that, notwithstanding section 1452(n) of the Safe Drinking 

5 Water Act, as amended, none of the funds made available 

6 under this heading in this Act, or in previous appropria7 tions Acts, shall be reserved by the Administrator for health 

8 effects studies on drinking water contaminants; $50,000,000 

9 shall be for architectural, engineering, planning, design, 

10 construction and related activities in connection with the 

11 construction of high priority water and wastewater facili12 ties in the area of the United States-Mexico Border, after 

13 consultation with the appropriate border commission; 

14 $40,000,000 shall be for grants to the State of Alaska to 

15 address drinking water and waste infrastructure needs of 

16 rural and Alaska Native Villages: Provided, That, of these 

17 funds: (1) the State of Alaska shall provide a match of 25 

18 percent; (2) no more than 5 percent of the funds may be 

19 used for administrative and overhead expenses; and (3) not 

20 later than October 1, 2005 the State of Alaska shall make 

21 awards consistent with the State-wide priority list estab22 lished in 2004 for all water, sewer, waste disposal, and 

23 similar projects carried out by the State of Alaska that are 

24 funded under section 221 of the Federal Water Pollution 

25 Control Act (33 U.S.C. 1301) or the Consolidated Farm and 
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1 Rural Development Act (7 U.S.C. 1921 et seq.) which shall 

2 allocate not less than 25 percent of the funds provided for 

3 projects in regional hub communities; $200,000,000 shall 

4 be for making grants for the construction of drinking water, 

5 wastewater and storm water infrastructure and for water 

6 quality protection in accordance with the terms and condi7 tions specified for such grants in the joint explanatory 

8 statement of the managers accompanying this Act, and, for 

9 purposes of these grants, each grantee shall contribute not 

10 less than 45 percent of the cost of the project unless the 

11 grantee is approved for a waiver by the Agency; 

12 $90,000,000 shall be to carry out section 104(k) of the Com13 prehensive Environmental Response, Compensation, and 

14 Liability Act of 1980 (CERCLA), as amended, including 

15 grants, interagency agreements, and associated program 

16 support costs, of which $200,000 may be made available 

17 for a brownfields assessment of the Fortuna Radar Site; 

18 $1,000,000 for cost-shared grants for school bus retrofit and 

19 replacement projects that reduce diesel emissions; 

20 $1,500,000 may be for the expansion of the wastewater 

21 treatment plant in Lake Havasu City, Arizona; $1,000,000 

22 may be for the expansion of the wastewater treatment plant 

23 in Avondale, Arizona; and $1,122,550,000 shall be for 

24 grants, including associated program support costs, to 

25 States, federally recognized tribes, interstate agencies, tribal 
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1 consortia, and air pollution control agencies for multi2 media or single media pollution prevention, control and 

3 abatement and related activities, including activities pursu4 ant to the provisions set forth under this heading in Public 

5 Law 104–134, and for making grants under section 103 of 

6 the Clean Air Act for particulate matter monitoring and 

7 data collection activities subject to terms and conditions 

8 specified by the Administrator, of which $50,000,000 shall 

9 be for carrying out section 128 of CERCLA, as amended, 

10 $19,344,000 shall be for Environmental Information Ex11 change Network grants, including associated program sup12 port costs, and $16,856,000 shall be for making competitive 

13 targeted watershed grants: Provided further, That for fiscal 

14 year 2006, State authority under section 302(a) of Public 

15 Law 104–182 shall remain in effect: Provided further, That 

16 notwithstanding section 603(d)(7) of the Federal Water Pol17 lution Control Act, the limitation on the amounts in a State 

18 water pollution control revolving fund that may be used by 

19 a State to administer the fund shall not apply to amounts 

20 included as principal in loans made by such fund in fiscal 

21 year 2005 and prior years where such amounts represent 

22 costs of administering the fund to the extent that such 

23 amounts are or were deemed reasonable by the Adminis24 trator, accounted for separately from other assets in the 

25 fund, and used for eligible purposes of the fund, including 
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1 administration: Provided further, That for fiscal year 2006, 

2 and notwithstanding section 518(f) of the Act, the Adminis3 trator is authorized to use the amounts appropriated for 

4 any fiscal year under section 319 of that Act to make grants 

5 to Indian tribes pursuant to sections 319(h) and 518(e) of 

6 that Act: Provided further, That for fiscal year 2006, not7 withstanding the limitation on amounts in section 518(c) 

of the Act, up to a total of 11 8 ⁄2 percent of the funds appro9 priated for State Revolving Funds under title VI of that 

10 Act may be reserved by the Administrator for grants under 

11 section 518(c) of that Act: Provided further, That no funds 

12 provided by this legislation to address the water, wastewater 

13 and other critical infrastructure needs of the colonias in 

14 the United States along the United States-Mexico border 

15 shall be made available to a county or municipal govern16 ment unless that government has established an enforceable 

17 local ordinance, or other zoning rule, which prevents in that 

18 jurisdiction the development or construction of any addi19 tional colonia areas, or the development within an existing 

20 colonia the construction of any new home, business, or other 

21 structure which lacks water, wastewater, or other necessary 

22 infrastructure: Provided further, That, notwithstanding 

23 any other provision of law, heretofore and hereafter, after 

24 consultation with the House and Senate Committees on Ap25 propriations and for the purpose of making technical cor-
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1 rections, the Administrator is authorized to award grants 

2 under this heading to entities and for purposes other than 

3 those listed in the joint explanatory statements of the man4 agers accompanying the Agency’s appropriations Acts for 

5 the construction of drinking water, wastewater and 

6 stormwater infrastructure and for water quality protection: 

7 Provided further, That from unobligated prior year funds 

8 in appropriation accounts available to the Environmental 

9 Protection Agency, $58,000,000 is hereby rescinded: Pro10 vided further, That such rescissions shall be taken solely 

11 from amounts associated with grants, contracts, and inter12 agency agreements whose availability under the original pe13 riod for obligation for such grant, contract, or interagency 

14 agreement has expired. 

15 ADMINISTRATIVE PROVISIONS

16 For fiscal year 2006, notwithstanding 31 U.S.C. 

17 6303(1) and 6305(1), the Administrator of the Environ18 mental Protection Agency, in carrying out the Agency’s 

19 function to implement directly Federal environmental pro20 grams required or authorized by law in the absence of an 

21 acceptable tribal program, may award cooperative agree22 ments to federally-recognized Indian Tribes or Intertribal 

23 consortia, if authorized by their member Tribes, to assist 

24 the Administrator in implementing Federal environmental 

25 programs for Indian Tribes required or authorized by law, 
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1 except that no such cooperative agreements may be awarded 

2 from funds designated for State financial assistance agree3 ments. 

4 The Administrator of the Environmental Protection 

5 Agency is authorized to collect and obligate pesticide reg6 istration service fees in accordance with section 33 of the 

7 Federal Insecticide, Fungicide, and Rodenticide Act (as 

8 added by subsection (f)(2) of the Pesticide Registration Im9 provement Act of 2003), as amended. 

10 Notwithstanding section 104(k)(4)(B)(i)(IV) of the 

11 Comprehensive Environmental Response, Compensation, 

12 and Liability Act of 1980 (42 U.S.C. 9604(k)(4)(B)(i)(IV)), 

13 beginning in fiscal year 2006 and thereafter, appropriated 

14 funds may be used to award grants or loans under section 

15 104(k) of CERCLA to eligible entities that satisfy all of the 

16 elements set forth in CERCLA section 101(40) to qualify 

17 as a bona fide prospective purchaser except that the date 

18 of acquisition of the property was prior to the date of enact19 ment of the Small Business Liability Relief and Brownfield 

20 Revitalization Act of 2001. 

21 For fiscal years 2006 through 2011, the Administrator 

22 may, after consultation with the Office of Personnel Man23 agement, make not to exceed five appointments in any fiscal 

24 year under the authority provided in 42 U.S.C. 209 for the 

25 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 FORESTAND 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 MANAGEMENTOF NATIONAL FORESTLANDS 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, FORESTSERVICE

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-
221 

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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, 
230 

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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 ENDOWMENTFOR 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 ENDOWMENTFOR 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 HOLOCAUSTMEMORIAL 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) DEVELOPMENTOF 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) MARKETANALYSIS.—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 PAINTAND 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) NOTEQUAL 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. 

Passed the House of Representatives May 19, 2005. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate June 29, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.