H. R. 2361

One Hundred Ninth Congress

of the

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the fourth day of January, two thousand and five 

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.

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

following sums are appropriated, out of any money in the Treasury 

not otherwise appropriated, for the Department of the Interior, 

environment, and related agencies for the fiscal year ending September 30, 2006, and for other purposes, namely: 

TITLE I—DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement, 

development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance 

of other functions, including maintenance of facilities, as authorized 

by law, in the management of lands and their resources under 

the jurisdiction of the Bureau of Land Management, including the 

general administration of the Bureau, and assessment of mineral 

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

3150(a)), $860,791,000, to remain available until expended, of which 

$1,250,000 is for high priority projects, to be carried out by the 

Youth Conservation Corps; and of which $3,000,000 shall be available in fiscal year 2006 subject to a match by at least an equal 

amount by the National Fish and Wildlife Foundation for costshared projects supporting conservation of Bureau lands; and such 

funds shall be advanced to the Foundation as a lump sum grant 

without regard to when expenses are incurred. 

In addition, $32,696,000 is for Mining Law Administration program operations, including the cost of administering the mining 

claim fee program; to remain available until expended, to be reduced 

by amounts collected by the Bureau and credited to this appropriation from annual mining claim fees so as to result in a final 

appropriation estimated at not more than $860,791,000, and 

$2,000,000, to remain available until expended, from communication 

site rental fees established by the Bureau for the cost of administering communication site activities. 
H. R. 2361—2

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department 

of the Interior, $766,564,000, to remain available until expended, 

of which not to exceed $7,849,000 shall be for the renovation or 

construction of fire facilities: Provided, That such funds are also 

available for repayment of advances to other appropriation accounts 

from which funds were previously transferred for such purposes: 

Provided further, That persons hired pursuant to 43 U.S.C. 1469 

may be furnished subsistence and lodging without cost from funds 

available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office 

of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property, 

may be credited to the appropriation from which funds were 

expended to provide that protection, and are available without 

fiscal year limitation: Provided further, That using the amounts 

designated under this title of this Act, the Secretary of the Interior 

may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training 

and monitoring associated with such hazardous fuels reduction 

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

activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between 

the Federal Government and any non-Federal entity may be shared, 

as mutually agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among: 

(1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews or related partnerships with State, local, 

or non-profit youth groups; (3) small or micro-businesses; or (4) 

other entities that will hire or train locally a significant percentage, 

defined as 50 percent or more, of the project workforce to complete 

such contracts: Provided further, That in implementing this section, 

the Secretary shall develop written guidance to field units to ensure 

accountability and consistent application of the authorities provided 

herein: Provided further, That funds appropriated under this head 

may be used to reimburse the United States Fish and Wildlife 

Service and the National Marine Fisheries Service for the costs 

of carrying out their responsibilities under the Endangered Species 

Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, 

as required by section 7 of such Act, in connection with wildland 

fire management activities: Provided further, That the Secretary 

of the Interior may use wildland fire appropriations to enter into 

non-competitive sole source leases of real property with local governments, at or below fair market value, to construct capitalized 

improvements for fire facilities on such leased properties, including 

but not limited to fire guard stations, retardant stations, and other 

initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated 

with the lease: Provided further, That the Secretary of the Interior 

and the Secretary of Agriculture may authorize the transfer of 

funds appropriated for wildland fire management, in an aggregate 
H. R. 2361—3

amount not to exceed $9,000,000, between the Departments when 

such transfers would facilitate and expedite jointly funded wildland 

fire management programs and projects: Provided further, That 

funds provided for wildfire suppression shall be available for support 

of Federal emergency response actions. 

CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails, and appurtenant facilities, $11,926,000, to remain available until 

expended. 

LAND ACQUISITION

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

318(d) of Public Law 94–579, including administrative expenses 

and acquisition of lands or waters, or interests therein, $8,750,000, 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended. 

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and 

development of resources and for construction, operation, and 

maintenance of access roads, reforestation, and other improvements 

on the revested Oregon and California Railroad grant lands, on 

other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of 

lands or interests therein, including existing connecting roads on 

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

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

receipts during the current fiscal year from the revested Oregon 

and California Railroad grant lands is hereby made a charge against 

the Oregon and California land-grant fund and shall be transferred 

to the General Fund in the Treasury in accordance with the second 

paragraph of subsection (b) of title II of the Act of August 28, 

1937 (50 Stat. 876). 

FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

(REVOLVING FUND, SPECIAL ACCOUNT)

In addition to the purposes authorized in Public Law 102–

381, funds made available in the Forest Ecosystem Health and 

Recovery Fund can be used for the purpose of planning, preparing, 

implementing and monitoring salvage timber sales and forest ecosystem health and recovery activities, such as release from competing vegetation and density control treatments. The Federal share 

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

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

1 et seq., and Public Law 106–393) derived from treatments funded 

by this account shall be deposited into the Forest Ecosystem Health 

and Recovery Fund. 

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and 

interests therein, and improvement of Federal rangelands pursuant 

to section 401 of the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1701), notwithstanding any other Act, sums 
H. R. 2361—4

equal to 50 percent of all moneys received during the prior fiscal 

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

315 et seq.) and the amount designated for range improvements 

from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant 

to law, but not less than $10,000,000, to remain available until 

expended: Provided, That not to exceed $600,000 shall be available 

for administrative expenses. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and 

disposal of public lands and resources, for costs of providing copies 

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use 

authorizations, and for rehabilitation of damaged property, such 

amounts as may be collected under Public Law 94–579, as amended, 

and Public Law 93–153, to remain available until expended: Provided, That, notwithstanding any provision to the contrary of section 

305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that 

have been or will be received pursuant to that section, whether 

as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 

1735(c)), shall be available and may be expended under the 

authority of this Act by the Secretary to improve, protect, or 

rehabilitate any public lands administered through the Bureau 

of Land Management which have been damaged by the action 

of a resource developer, purchaser, permittee, or any unauthorized 

person, without regard to whether all moneys collected from each 

such action are used on the exact lands damaged which led to 

the action: Provided further, That any such moneys that are in 

excess of amounts needed to repair damage to the exact land 

for which funds were collected may be used to repair other damaged 

public lands. 

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under 

existing laws, there is hereby appropriated such amounts as may 

be contributed under section 307 of the Act of October 21, 1976 

(43 U.S.C. 1701), and such amounts as may be advanced for 

administrative costs, surveys, appraisals, and costs of making 

conveyances of omitted lands under section 211(b) of that Act, 

to remain available until expended. 

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be 

available for purchase, erection, and dismantlement of temporary 

structures, and alteration and maintenance of necessary buildings 

and appurtenant facilities to which the United States has title; 

up to $100,000 for payments, at the discretion of the Secretary, 

for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of 

enforcement activities authorized or approved by the Secretary and 

to be accounted for solely on her certificate, not to exceed $10,000: 

Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, 
H. R. 2361—5

under cooperative cost-sharing and partnership arrangements 

authorized by law, procure printing services from cooperators in 

connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and 

the Bureau determines the cooperator is capable of meeting accepted 

quality standards. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife 

Service, as authorized by law, and for scientific and economic 

studies, maintenance of the herd of long-horned cattle on the 

Wichita Mountains Wildlife Refuge, general administration, and 

for the performance of other authorized functions related to such 

resources by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, $1,008,880,000, to remain available until September 30, 2007, 

except as otherwise provided herein: Provided, That $2,500,000 

is for high priority projects, which shall be carried out by the 

Youth Conservation Corps: Provided further, That not to exceed 

$18,130,000 shall be used for implementing subsections (a), (b), 

(c), and (e) of section 4 of the Endangered Species Act, as amended, 

for species that are indigenous to the United States (except for 

processing petitions, developing and issuing proposed and final 

regulations, and taking any other steps to implement actions 

described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which 

not to exceed $12,852,000 shall be used for any activity regarding 

the designation of critical habitat, pursuant to subsection (a)(3), 

excluding litigation support, for species listed pursuant to subsection 

(a)(1) prior to October 1, 2005: Provided further, That of the amount 

available for law enforcement, up to $400,000, to remain available 

until expended, may at the discretion of the Secretary be used 

for payment for information, rewards, or evidence concerning violations of laws administered by the Service, and miscellaneous and 

emergency expenses of enforcement activity, authorized or approved 

by the Secretary and to be accounted for solely on her certificate: 

Provided further, That of the amount provided for environmental 

contaminants, up to $1,000,000 may remain available until 

expended for contaminant sample analyses. 

CONSTRUCTION

For construction, improvement, acquisition, or removal of 

buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein; 

$45,891,000, to remain available until expended: Provided, That 

funds made available under the 2005 Consolidated Appropriations 

Act (Public Law 108–447) for the Chase Lake and Arrowwood 

National Wildlife Refuges, North Dakota, shall be transferred to 

North Dakota State University to complete planning and design 

for a Joint Interpretive Center. 
H. R. 2361—6

LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 

11), including administrative expenses, and for acquisition of land 

or waters, or interest therein, in accordance with statutory authority 

applicable to the United States Fish and Wildlife Service, 

$28,408,000 to be derived from the Land and Water Conservation 

Fund and to remain available until expended: Provided, That none 

of the funds appropriated for specific land acquisition projects can 

be used to pay for any administrative overhead, planning or other 

management costs. 

LANDOWNER INCENTIVE PROGRAM

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 

11), including administrative expenses, and for private conservation 

efforts to be carried out on private lands, $24,000,000, to be derived 

from the Land and Water Conservation Fund, and to remain available until expended: Provided, That the amount provided herein 

is for a Landowner Incentive Program established by the Secretary 

that provides matching, competitively awarded grants to States, 

the District of Columbia, federally recognized Indian tribes, Puerto 

Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, and American Samoa, to establish or supplement 

existing landowner incentive programs that provide technical and 

financial assistance, including habitat protection and restoration, 

to private landowners for the protection and management of habitat 

to benefit federally listed, proposed, candidate, or other at-risk 

species on private lands. 

PRIVATE STEWARDSHIP GRANTS

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 

11), including administrative expenses, and for private conservation 

efforts to be carried out on private lands, $7,386,000, to be derived 

from the Land and Water Conservation Fund, and to remain available until expended: Provided, That the amount provided herein 

is for the Private Stewardship Grants Program established by the 

Secretary to provide grants and other assistance to individuals 

and groups engaged in private conservation efforts that benefit 

federally listed, proposed, candidate, or other at-risk species. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out section 6 of the Endangered 

Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, 

$82,200,000, of which $20,161,000 is to be derived from the Cooperative Endangered Species Conservation Fund and $62,039,000 is 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended. 

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 

1978 (16 U.S.C. 715s), $14,414,000. 
H. R. 2361—7

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North 

American Wetlands Conservation Act, Public Law 101–233, as 

amended, $40,000,000, to remain available until expended. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For financial assistance for projects to promote the conservation 

of neotropical migratory birds in accordance with the Neotropical 

Migratory Bird Conservation Act, Public Law 106–247 (16 U.S.C. 

6101–6109), $4,000,000, to remain available until expended. 

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–

4245, and 1538), the Asian Elephant Conservation Act of 1997 

(Public Law 105–96; 16 U.S.C. 4261–4266), the Rhinoceros and 

Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), the Great 

Ape Conservation Act of 2000 (16 U.S.C. 6301), and the Marine 

Turtle Conservation Act of 2004 (Public Law 108–266; 16 U.S.C. 

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

STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District 

of Columbia, Puerto Rico, Guam, the United States Virgin Islands, 

the Northern Mariana Islands, American Samoa, and federally recognized Indian tribes under the provisions of the Fish and Wildlife 

Act of 1956 and the Fish and Wildlife Coordination Act, for the 

development and implementation of programs for the benefit of 

wildlife and their habitat, including species that are not hunted 

or fished, $68,500,000, to be derived from the Land and Water 

Conservation Fund and to remain available until expended: Provided, That of the amount provided herein, $6,000,000 is for a 

competitive grant program for Indian tribes not subject to the 

remaining provisions of this appropriation: Provided further, That 

the Secretary shall, after deducting said $6,000,000 and administrative expenses, apportion the amount provided herein in the following 

manner: (1) to the District of Columbia and to the Commonwealth 

of Puerto Rico, each a sum equal to not more than one-half of 

1 percent thereof; and (2) to Guam, American Samoa, the United 

States Virgin Islands, and the Commonwealth of the Northern 

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

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

apportion the remaining amount in the following manner: (1) onethird of which is based on the ratio to which the land area of 

such State bears to the total land area of all such States; and 

(2) two-thirds of which is based on the ratio to which the population 

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

Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available 

for apportionment under this paragraph for any fiscal year or 

more than 5 percent of such amount: Provided further, That the 

Federal share of planning grants shall not exceed 75 percent of 

the total costs of such projects and the Federal share of implementation grants shall not exceed 50 percent of the total costs of such 
H. R. 2361—8

projects: Provided further, That the non-Federal share of such 

projects may not be derived from Federal grant programs: Provided 

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

a grant unless it has developed, by October 1, 2005, a comprehensive 

wildlife conservation plan, consistent with criteria established by 

the Secretary of the Interior, that considers the broad range of 

the State, territory, or other jurisdiction’s wildlife and associated 

habitats, with appropriate priority placed on those species with 

the greatest conservation need and taking into consideration the 

relative level of funding available for the conservation of those 

species: Provided further, That no State, territory, or other jurisdiction shall receive a grant if its comprehensive wildlife conservation 

plan is disapproved and such funds that would have been distributed to such State, territory, or other jurisdiction shall be distributed equitably to States, territories, and other jurisdictions with 

approved plans: Provided further, That any amount apportioned 

in 2006 to any State, territory, or other jurisdiction that remains 

unobligated as of September 30, 2007, shall be reapportioned, 

together with funds appropriated in 2008, in the manner provided 

herein: Provided further, That balances from amounts previously 

appropriated under the heading ‘‘State Wildlife Grants’’ shall be 

transferred to and merged with this appropriation and shall remain 

available until expended. 

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish 

and Wildlife Service shall be available for purchase of passenger 

motor vehicles; repair of damage to public roads within and adjacent 

to reservation areas caused by operations of the Service; options 

for the purchase of land at not to exceed $1 for each option; 

facilities incident to such public recreational uses on conservation 

areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities 

under the jurisdiction of the Service and to which the United 

States has title, and which are used pursuant to law in connection 

with management, and investigation of fish and wildlife resources: 

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

under cooperative cost sharing and partnership arrangements 

authorized by law, procure printing services from cooperators in 

connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash 

or services and the Service determines the cooperator is capable 

of meeting accepted quality standards: Provided further, That, notwithstanding any other provision of law, the Service may use up 

to $2,000,000 from funds provided for contracts for employmentrelated legal services: Provided further, That the Service may accept 

donated aircraft as replacements for existing aircraft: Provided 

further, That, notwithstanding any other provision of law, the Secretary of the Interior may not spend any of the funds appropriated 

in this Act for the purchase of lands or interests in lands to 

be used in the establishment of any new unit of the National 

Wildlife Refuge System unless the purchase is approved in advance 

by the House and Senate Committees on Appropriations in compliance with the reprogramming procedures contained in the statement 

of the managers accompanying this Act. 
H. R. 2361—9

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and 

maintenance of areas and facilities administered by the National 

Park Service (including special road maintenance service to trucking 

permittees on a reimbursable basis), and for the general administration of the National Park Service, $1,744,074,000, of which 

$9,892,000 is for planning and interagency coordination in support 

of Everglades restoration and shall remain available until expended; 

of which $97,600,000, to remain available until September 30, 2007, 

is for maintenance, repair or rehabilitation projects for constructed 

assets, operation of the National Park Service automated facility 

management software system, and comprehensive facility condition 

assessments; and of which $2,000,000 is for the Youth Conservation 

Corps for high priority projects: Provided, That the only funds 

in this account which may be made available to support United 

States Park Police are those funds approved for emergency law 

and order incidents pursuant to established National Park Service 

procedures, those funds needed to maintain and repair United 

States Park Police administrative facilities, and those funds necessary to reimburse the United States Park Police account for 

the unbudgeted overtime and travel costs associated with special 

events for an amount not to exceed $10,000 per event subject 

to the review and concurrence of the Washington headquarters 

office. 

UNITED STATES PARK POLICE

For expenses necessary to carry out the programs of the United 

States Park Police, $81,411,000. 

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, 

environmental compliance and review, international park affairs, 

statutory or contractual aid for other activities, and grant administration, not otherwise provided for, $54,965,000: Provided, That 

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

Assistance program may be used for cash agreements, or for 

cooperative agreements that are inconsistent with the program’s 

final strategic plan. 

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the Historic Preservation Act of 1966, as amended (16 U.S.C. 470), and the Omnibus 

Parks and Public Lands Management Act of 1996 (Public Law 

104–333), $73,250,000, to be derived from the Historic Preservation 

Fund and to remain available until September 30, 2007, of which 

$30,000,000 shall be for Save America’s Treasures for preservation 

of nationally significant sites, structures, and artifacts: Provided,

That not to exceed $5,000,000 of the amount provided for Save 

America’s Treasures may be for Preserve America grants to States, 

Tribes, and local communities for projects that preserve important 

historic resources through the promotion of heritage tourism: Provided further, That any individual Save America’s Treasures or 
H. R. 2361—10

Preserve America grant shall be matched by non-Federal funds: 

Provided further, That individual projects shall only be eligible 

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

shall be approved by the Secretary of the Interior in consultation 

with the House and Senate Committees on Appropriations, and 

in consultation with the President’s Committee on the Arts and 

Humanities prior to the commitment of Save America’s Treasures 

grant funds and with the Advisory Council on Historic Preservation 

prior to the commitment of Preserve America grant funds: Provided 

further, That Save America’s Treasures funds allocated for Federal 

projects, following approval, shall be available by transfer to appropriate accounts of individual agencies. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For construction, improvements, repair or replacement of physical facilities, including the modifications authorized by section 

104 of the Everglades National Park Protection and Expansion 

Act of 1989, $301,291,000, to remain available until expended, 

of which $17,000,000 for modified water deliveries to Everglades 

National Park shall be derived by transfer from unobligated balances in the ‘‘Land Acquisition and State Assistance’’ account for 

Everglades National Park land acquisitions, and of which $400,000 

for the Mark Twain Boyhood Home National Historic Landmark 

shall be derived from the Historic Preservation Fund pursuant 

to 16 U.S.C. 470a: Provided, That none of the funds available 

to the National Park Service may be used to plan, design, or 

construct any partnership project with a total value in excess of 

$5,000,000, without advance approval of the House and Senate 

Committees on Appropriations: Provided further, That notwithstanding any other provision of law, the National Park Service 

may not accept donations or services associated with the planning, 

design, or construction of such new facilities without advance 

approval of the House and Senate Committees on Appropriations: 

Provided further, That funds provided under this heading for 

implementation of modified water deliveries to Everglades National 

Park shall be expended consistent with the requirements of the 

fifth proviso under this heading in Public Law 108–108: Provided 

further, That funds provided under this heading for implementation 

of modified water deliveries to Everglades National Park shall 

be available for obligation only if matching funds are appropriated 

to the Army Corps of Engineers for the same purpose: Provided 

further, That none of the funds provided under this heading for 

implementation of modified water deliveries to Everglades National 

Park shall be available for obligation if any of the funds appropriated to the Army Corps of Engineers for the purpose of implementing modified water deliveries, including finalizing detailed 

engineering and design documents for a bridge or series of bridges 

for the Tamiami Trail component of the project, becomes unavailable 

for obligation: Provided further, That hereinafter notwithstanding 

any other provision of law, procurements for the Mount Rainier 

National Park Jackson Visitor Center replacement and the 

rehabilitation of Paradise Inn and Annex may be issued which 

include the full scope of the facility: Provided further, That the 

solicitation and contract shall contain the clause ‘‘availability of 

funds’’ found at 48 CFR 52.232.18: Provided further, That none 
H. R. 2361—11

of the funds provided in this or any other Act may be used for 

planning, design, or construction of any underground security 

screening or visitor contact facility at the Washington Monument 

until such facility has been approved in writing by the House 

and Senate Committees on Appropriations. 

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 2006 by 16 

U.S.C. 460l–10a is rescinded. 

LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11), 

including administrative expenses, and for acquisition of lands or 

waters, or interest therein, in accordance with the statutory 

authority applicable to the National Park Service, $74,824,000, 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended, of which $30,000,000 is for 

the State assistance program including $1,587,000 for program 

administration: Provided, That none of the funds provided for the 

State assistance program may be used to establish a contingency 

fund. 

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available 

for the purchase of not to exceed 245 passenger motor vehicles, 

of which 199 shall be for replacement only, including not to exceed 

193 for police-type use, 10 buses, and 8 ambulances: Provided,

That none of the funds appropriated to the National Park Service 

may be used to implement an agreement for the redevelopment 

of the southern end of Ellis Island until such agreement has been 

submitted to the Congress and shall not be implemented prior 

to the expiration of 30 calendar days (not including any day in 

which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) from the 

receipt by the Speaker of the House of Representatives and the 

President of the Senate of a full and comprehensive report on 

the development of the southern end of Ellis Island, including 

the facts and circumstances relied upon in support of the proposed 

project: Provided further, That in fiscal year 2006 and thereafter, 

appropriations available to the National Park Service may be used 

to maintain the following areas in Washington, District of Columbia: 

Jackson Place, Madison Place, and Pennsylvania Avenue between 

15th and 17th Streets, Northwest. 

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

Park Service for activities taken in direct response to the United 

Nations Biodiversity Convention. 

The National Park Service may distribute to operating units 

based on the safety record of each unit the costs of programs 

designed to improve workplace and employee safety, and to encourage employees receiving workers’ compensation benefits pursuant 

to chapter 81 of title 5, United States Code, to return to appropriate 

positions for which they are medically able. 
H. R. 2361—12

If the Secretary of the Interior considers the decision of any 

value determination proceeding conducted under a National Park 

Service concession contract issued prior to November 13, 1998, 

to misinterpret or misapply relevant contractual requirements or 

their underlying legal authority, the Secretary may seek, within 

180 days of any such decision, the de novo review of the value 

determination by the United States Court of Federal Claims, and 

that court may make an order affirming, vacating, modifying or 

correcting the determination. 

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

Law 105–391, franchise fees credited to a sub-account shall be 

available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System 

to extinguish or reduce liability for Possessory Interest or leasehold 

surrender interest. Such funds may only be used for this purpose 

to the extent that the benefiting unit anticipated franchise fee 

receipts over the term of the contract at that unit exceed the 

amount of funds used to extinguish or reduce liability. Franchise 

fees at the benefiting unit shall be credited to the sub-account 

of the originating unit over a period not to exceed the term of 

a single contract at the benefiting unit, in the amount of funds 

so expended to extinguish or reduce liability. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey 

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water 

resources of the United States, its territories and possessions, and 

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 

lands as to their mineral and water resources; give engineering 

supervision to power permittees and Federal Energy Regulatory 

Commission licensees; administer the minerals exploration program 

(30 U.S.C. 641); conduct inquiries into the economic conditions 

affecting mining and materials processing industries (30 U.S.C. 

3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the 

foregoing activities; $976,035,000, of which $63,770,000 shall be 

available only for cooperation with States or municipalities for 

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

available until expended for satellite operations; of which 

$21,720,000 shall be available until September 30, 2007, for the 

operation and maintenance of facilities and deferred maintenance; 

of which $1,600,000 shall be available until expended for deferred 

maintenance and capital improvement projects that exceed $100,000 

in cost; and of which $177,485,000 shall be available until September 30, 2007, for the biological research activity and the operation of the Cooperative Research Units: Provided, That none of 

the funds provided for the biological research activity shall be 

used to conduct new surveys on private property, unless specifically 

authorized in writing by the property owner: Provided further,

That no part of this appropriation shall be used to pay more 

than one-half the cost of topographic mapping or water resources 

data collection and investigations carried on in cooperation with 

States and municipalities. 
H. R. 2361—13

ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the 

United States Geological Survey such sums as are necessary shall 

be available for the purchase and replacement of passenger motor 

vehicles; reimbursement to the General Services Administration 

for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical or other specialized 

surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance 

of necessary buildings and appurtenant facilities; acquisition of 

lands for gauging stations and observation wells; expenses of the 

United States National Committee on Geology; and payment of 

compensation and expenses of persons on the rolls of the Survey 

duly appointed to represent the United States in the negotiation 

and administration of interstate compacts: Provided, That activities 

funded by appropriations herein made may be accomplished through 

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

in 31 U.S.C. 6302 et seq.: Provided further, That the United States 

Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or 

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

temporary or intermittent services of students or recent graduates, 

who shall be considered employees for the purpose of chapters 

57 and 81 of title 5, United States Code, relating to compensation 

for travel and work injuries, and chapter 171 of title 28, United 

States Code, relating to tort claims, but shall not be considered 

to be Federal employees for any other purposes. 

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental 

studies, regulation of industry operations, and collection of royalties, 

as authorized by law; for enforcing laws and regulations applicable 

to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements; 

including the purchase of not to exceed eight passenger motor 

vehicles for replacement only, $153,651,000, of which $78,529,000 

shall be available for royalty management activities; and an amount 

not to exceed $122,730,000, to be credited to this appropriation 

and to remain available until expended, from additions to receipts 

resulting from increases to rates in effect on August 5, 1993, from 

rate increases to fee collections for Outer Continental Shelf administrative activities performed by the Minerals Management Service 

(MMS) over and above the rates in effect on September 30, 1993, 

and from additional fees for Outer Continental Shelf administrative 

activities established after September 30, 1993: Provided, That 

to the extent $122,730,000 in addition to receipts are not realized 

from the sources of receipts stated above, the amount needed to 

reach $122,730,000 shall be credited to this appropriation from 

receipts resulting from rental rates for Outer Continental Shelf 

leases in effect before August 5, 1993: Provided further, That 

$3,000,000 for computer acquisitions shall remain available until 

September 30, 2007: Provided further, That not to exceed $3,000 

shall be available for reasonable expenses related to promoting 

volunteer beach and marine cleanup activities: Provided further, 
H. R. 2361—14

That notwithstanding any other provision of law, $15,000 under 

this heading shall be available for refunds of overpayments in 

connection with certain Indian leases in which the Director of 

MMS concurred with the claimed refund due, to pay amounts 

owed to Indian allottees or tribes, or to correct prior unrecoverable 

erroneous payments: Provided further, That in fiscal year 2006 

and thereafter, the MMS may under the royalty-in-kind program, 

or under its authority to transfer oil to the Strategic Petroleum 

Reserve, use a portion of the revenues from royalty-in-kind sales, 

without regard to fiscal year limitation, to pay for transportation 

to wholesale market centers or upstream pooling points, to process 

or otherwise dispose of royalty production taken in kind, and to 

recover MMS transportation costs, salaries, and other administrative costs directly related to the royalty-in-kind program: Provided 

further, That MMS shall analyze and document the expected return 

in advance of any royalty-in-kind sales to assure to the maximum 

extent practicable that royalty income under the program is equal 

to or greater than royalty income recognized under a comparable 

royalty-in-value program. 

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title 

IV, sections 4202 and 4303, title VII, and title VIII, section 8201 

of the Oil Pollution Act of 1990, $7,006,000, which shall be derived 

from the Oil Spill Liability Trust Fund, to remain available until 

expended. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 

95–87, as amended, including the purchase of not to exceed 10 

passenger motor vehicles, for replacement only; $110,435,000: Provided, That the Secretary of the Interior, pursuant to regulations, 

may use directly or through grants to States, moneys collected 

in fiscal year 2006 for civil penalties assessed under section 518 

of the Surface Mining Control and Reclamation Act of 1977 (30 

U.S.C. 1268), to reclaim lands adversely affected by coal mining 

practices after August 3, 1977, to remain available until expended: 

Provided further, That appropriations for the Office of Surface 

Mining Reclamation and Enforcement may provide for the travel 

and per diem expenses of State and tribal personnel attending 

Office of Surface Mining Reclamation and Enforcement sponsored 

training. 

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface 

Mining Control and Reclamation Act of 1977, Public Law 95–87, 

as amended, including the purchase of not more than 10 passenger 

motor vehicles for replacement only, $188,014,000, to be derived 

from receipts of the Abandoned Mine Reclamation Fund and to 

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

be derived from the Federal Expenses Share of the Fund, shall 
H. R. 2361—15

be for supplemental grants to States for the reclamation of abandoned sites with acid mine rock drainage from coal mines, and 

for associated activities, through the Appalachian Clean Streams 

Initiative: Provided, That grants to minimum program States will be $1,500,000 per State in fiscal year 2006: Provided further, That 

pursuant to Public Law 97–365, the Department of the Interior 

is authorized to use up to 20 percent from the recovery of the 

delinquent debt owed to the United States Government to pay 

for contracts to collect these debts: Provided further, That funds 

made available under title IV of Public Law 95–87 may be used 

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

by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage 

from abandoned mines: Provided further, That such projects must 

be consistent with the purposes and priorities of the Surface Mining 

Control and Reclamation Act: Provided further, That amounts allocated under section 402(g)(2) of the Surface Mining Control and 

Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) as of September 

30, 2005, but not appropriated as of that date, are reallocated 

to the allocation established in section 402(g)(3) of the Surface 

Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(3)): 

Provided further, That the State of Maryland may set aside the 

greater of $1,000,000 or 10 percent of the total of the grants made 

available to the State under title IV of the Surface Mining Control 

and Reclamation Act of 1977, as amended (30 U.S.C. 1231 et 

seq.), if the amount set aside is deposited in an acid mine drainage 

abatement and treatment fund established under a State law, 

pursuant to which law the amount (together with all interest earned 

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

drainage abatement and treatment projects, except that before any 

amounts greater than 10 percent of its title IV grants are deposited 

in an acid mine drainage abatement and treatment fund, the State 

of Maryland must first complete all Surface Mining Control and 

Reclamation Act priority one projects: Provided further, That 

amounts provided under this heading may be used for the travel 

and per diem expenses of State and tribal personnel attending 

Office of Surface Mining Reclamation and Enforcement sponsored 

training. 

ADMINISTRATIVE PROVISION

With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer 

title for computer hardware, software and other technical equipment 

to State and Tribal regulatory and reclamation programs. 

BUREAU OF INDIAN AFFAIRS

OPERATION OF INDIAN PROGRAMS

For expenses necessary for the operation of Indian programs, 

as authorized by law, including the Snyder Act of November 2, 

1921 (25 U.S.C. 13), the Indian Self-Determination and Education 

Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the 

Education Amendments of 1978 (25 U.S.C. 2001–2019), and the 

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

as amended, $1,991,490,000, to remain available until September 

30, 2007 except as otherwise provided herein, of which not to 
H. R. 2361—16

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

notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended, 

not to exceed $134,609,000 shall be available for payments to tribes 

and tribal organizations for contract support costs associated with 

ongoing contracts, grants, compacts, or annual funding agreements 

entered into with the Bureau prior to or during fiscal year 2006, 

as authorized by such Act, except that tribes and tribal organizations may use their tribal priority allocations for unmet indirect 

contract support costs of ongoing contracts, grants, or compacts, 

or annual funding agreements and for unmet welfare assistance 

costs; and of which not to exceed $464,585,000 for school operations 

costs of Bureau-funded schools and other education programs shall 

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

September 30, 2007; and of which not to exceed $61,667,000 shall 

remain available until expended for housing improvement, road 

maintenance, attorney fees, litigation support, the Indian SelfDetermination Fund, land records improvement, and the NavajoHopi Settlement Program: Provided, That notwithstanding any 

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

Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, 

not to exceed $44,718,000 within and only from such amounts 

made available for school operations shall be available to tribes 

and tribal organizations for administrative cost grants associated 

with ongoing grants entered into with the Bureau prior to or during 

fiscal year 2005 for the operation of Bureau-funded schools, and 

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

for school operations shall be available for the transitional costs 

of initial administrative cost grants to tribes and tribal organizations that enter into grants for the operation on or after July 

1, 2005, of Bureau-operated schools: Provided further, That any 

forestry funds allocated to a tribe which remain unobligated as 

of September 30, 2007, may be transferred during fiscal year 2008 

to an Indian forest land assistance account established for the 

benefit of such tribe within the tribe’s trust fund account: Provided 

further, That any such unobligated balances not so transferred 

shall expire on September 30, 2008. 

CONSTRUCTION

For construction, repair, improvement, and maintenance of 

irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; 

acquisition of lands, and interests in lands; and preparation of 

lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $275,637,000, to remain 

available until expended: Provided, That such amounts as may 

be available for the construction of the Navajo Indian Irrigation 

Project may be transferred to the Bureau of Reclamation: Provided 

further, That not to exceed 6 percent of contract authority available 

to the Bureau of Indian Affairs from the Federal Highway Trust 

Fund may be used to cover the road program management costs 

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

Safety of Dams program pursuant to 25 U.S.C. 13 shall be made 

available on a nonreimbursable basis: Provided further, That for 

fiscal year 2006, in implementing new construction or facilities 

improvement and repair project grants in excess of $100,000 that 

are provided to tribally controlled grant schools under Public Law 
H. R. 2361—17

100–297, as amended, the Secretary of the Interior shall use the 

Administrative and Audit Requirements and Cost Principles for 

Assistance Programs contained in 43 CFR part 12 as the regulatory 

requirements: Provided further, That such grants shall not be subject to section 12.61 of 43 CFR; the Secretary and the grantee 

shall negotiate and determine a schedule of payments for the work 

to be performed: Provided further, That in considering applications, 

the Secretary shall consider whether the Indian tribe or tribal 

organization would be deficient in assuring that the construction 

projects conform to applicable building standards and codes and 

Federal, tribal, or State health and safety standards as required 

by 25 U.S.C. 2005(b), with respect to organizational and financial 

management capabilities: Provided further, That if the Secretary 

declines an application, the Secretary shall follow the requirements 

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

between the Secretary and any grantee concerning a grant shall 

be subject to the disputes provision in 25 U.S.C. 2507(e): Provided 

further, That in order to ensure timely completion of replacement 

school construction projects, the Secretary may assume control of 

a project and all funds related to the project, if, within eighteen 

months of the date of enactment of this Act, any tribe or tribal 

organization receiving funds appropriated in this Act or in any 

prior Act, has not completed the planning and design phase of 

the project and commenced construction of the replacement school: 

Provided further, That this Appropriation may be reimbursed from 

the Office of the Special Trustee for American Indians Appropriation 

for the appropriate share of construction costs for space expansion 

needed in agency offices to meet trust reform implementation. 

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For miscellaneous payments to Indian tribes and individuals 

and for necessary administrative expenses, $34,754,000, to remain 

available until expended, for implementation of Indian land and 

water claim settlements pursuant to Public Laws 99–264, 100–

580, 101–618, 106–554, 107–331, and 108–34, and for implementation of other land and water rights settlements, of which 

$10,000,000 shall be available for payment to the Quinault Indian 

Nation pursuant to the terms of the North Boundary Settlement 

Agreement dated July 14, 2000, providing for the acquisition of 

perpetual conservation easements from the Nation. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed and insured loans, $6,348,000, of which $701,000 is for administrative expenses, as authorized by 

the Indian Financing Act of 1974, as amended: Provided, That 

such costs, including the cost of modifying such loans, shall be 

as defined in section 502 of the Congressional Budget Act of 1974: 

Provided further, That these funds are available to subsidize total 

loan principal, any part of which is to be guaranteed, not to exceed 

$118,884,000. 

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation 

of Indian programs by direct expenditure, contracts, cooperative 
H. R. 2361—18

agreements, compacts and grants, either directly or in cooperation 

with States and other organizations. 

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

may contract for services in support of the management, operation, 

and maintenance of the Power Division of the San Carlos Irrigation 

Project. 

Appropriations for the Bureau of Indian Affairs (except the 

revolving fund for loans, the Indian loan guarantee and insurance 

fund, and the Indian Guaranteed Loan Program account) shall 

be available for expenses of exhibits, and purchase and replacement 

of passenger motor vehicles. 

Notwithstanding any other provision of law, no funds available 

to the Bureau of Indian Affairs for central office operations or 

pooled overhead general administration (except facilities operations 

and maintenance) shall be available for tribal contracts, grants, 

compacts, or cooperative agreements with the Bureau of Indian 

Affairs under the provisions of the Indian Self-Determination Act 

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

In the event any tribe returns appropriations made available 

by this Act to the Bureau of Indian Affairs for distribution to 

other tribes, this action shall not diminish the Federal Government’s 

trust responsibility to that tribe, or the government-to-government 

relationship between the United States and that tribe, or that 

tribe’s ability to access future appropriations. 

Notwithstanding any other provision of law, no funds available 

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available 

to support the operation of any elementary or secondary school 

in the State of Alaska. 

Appropriations made available in this or any other Act for 

schools funded by the Bureau shall be available only to the schools 

in the Bureau school system as of September 1, 1996. No funds 

available to the Bureau shall be used to support expanded grades 

for any school or dormitory beyond the grade structure in place 

or approved by the Secretary of the Interior at each school in 

the Bureau school system as of October 1, 1995. Funds made 

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

school at a Bureau-funded school (as that term is defined in section 

1146 of the Education Amendments of 1978 (25 U.S.C. 2026)), 

except that a charter school that is in existence on the date of 

the enactment of this Act and that has operated at a Bureaufunded school before September 1, 1999, may continue to operate 

during that period, but only if the charter school pays to the 

Bureau a pro rata share of funds to reimburse the Bureau for 

the use of the real and personal property (including buses and 

vans), the funds of the charter school are kept separate and apart 

from Bureau funds, and the Bureau does not assume any obligation 

for charter school programs of the State in which the school is 

located if the charter school loses such funding. Employees of 

Bureau-funded schools sharing a campus with a charter school 

and performing functions related to the charter school’s operation 

and employees of a charter school shall not be treated as Federal 

employees for purposes of chapter 171 of title 28, United States 

Code. 

Notwithstanding any other provision of law, including section 

113 of title I of appendix C of Public Law 106–113, if a tribe 

or tribal organization in fiscal year 2003 or 2004 received indirect 
H. R. 2361—19

and administrative costs pursuant to a distribution formula based 

on section 5(f) of Public Law 101–301, the Secretary shall continue 

to distribute indirect and administrative cost funds to such tribe 

or tribal organization using the section 5(f) distribution formula. 

DEPARTMENTAL OFFICES

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the 

jurisdiction of the Department of the Interior, $76,883,000, of which: 

(1) $69,502,000 shall be available until expended for technical 

assistance, including maintenance assistance, disaster assistance, 

insular management controls, coral reef initiative activities, and 

brown tree snake control and research; grants to the judiciary 

in American Samoa for compensation and expenses, as authorized 

by law (48 U.S.C. 1661(c)); grants to the Government of American 

Samoa, in addition to current local revenues, for construction and 

support of governmental functions; grants to the Government of 

the Virgin Islands as authorized by law; grants to the Government 

of Guam, as authorized by law; and grants to the Government 

of the Northern Mariana Islands as authorized by law (Public 

Law 94–241; 90 Stat. 272); and (2) $7,381,000 shall be available 

for salaries and expenses of the Office of Insular Affairs: Provided, 

That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, 

may be audited by the Government Accountability Office, at its 

discretion, in accordance with chapter 35 of title 31, United States 

Code: Provided further, That Northern Mariana Islands Covenant 

grant funding shall be provided according to those terms of the 

Agreement of the Special Representatives on Future United States 

Financial Assistance for the Northern Mariana Islands approved 

by Public Law 104–134: Provided further, That of the amounts 

provided for technical assistance, sufficient funds shall be made 

available for a grant to the Pacific Basin Development Council: 

Provided further, That of the amounts provided for technical assistance, sufficient funding shall be made available for a grant to 

the Close Up Foundation: Provided further, That the funds for 

the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance 

improvement of capital infrastructure with territorial participation 

and cost sharing to be determined by the Secretary based on the 

grantee’s commitment to timely maintenance of its capital assets: 

Provided further, That any appropriation for disaster assistance 

under this heading in this Act or previous appropriations Acts 

may be used as non-Federal matching funds for the purpose of 

hazard mitigation grants provided pursuant to section 404 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act 

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

COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $5,362,000, to remain available until expended, as provided for in sections 221(a)(2), 221(b), 

and 233 of the Compact of Free Association for the Republic of 
H. R. 2361—20

Palau; and section 221(a)(2) of the Compacts of Free Association 

for the Government of the Republic of the Marshall Islands and 

the Federated States of Micronesia, as authorized by Public Law 

99–658 and Public Law 108–188. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for management of the Department 

of the Interior, $127,183,000; of which $7,441,000 is to be derived 

from the Land and Water Conservation Fund and shall remain 

available until expended; of which not to exceed $8,500 may be 

for official reception and representation expenses; and of which 

up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with 

the orderly closure of the United States Bureau of Mines: Provided,

That none of the funds in this Act or previous appropriations 

Acts may be used to establish reserves in the Working Capital 

Fund account other than for accrued annual leave and depreciation 

of equipment without prior approval of the House and Senate 

Committees on Appropriations. 

PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20, 1976, as amended (31 U.S.C. 6901–6907), $236,000,000, of which 

not to exceed $400,000 shall be available for administrative 

expenses: Provided, That no payment shall be made to otherwise 

eligible units of local government if the computed amount of the 

payment is less than $100. 

CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and 

any of its component offices and bureaus for the remedial action, 

including associated activities, of hazardous waste substances, 

pollutants, or contaminants pursuant to the Comprehensive 

Environmental Response, Compensation, and Liability Act, as 

amended (42 U.S.C. 9601 et seq.), $9,855,000, to remain available 

until expended: Provided, That hereafter, notwithstanding 31 U.S.C. 

3302, sums recovered from or paid by a party in advance of or 

as reimbursement for remedial action or response activities conducted by the Department pursuant to section 107 or 113(f) of 

such Act, shall be credited to this account, to be available until 

expended without further appropriation: Provided further, That 

hereafter such sums recovered from or paid by any party are not 

limited to monetary payments and may include stocks, bonds or 

other personal or real property, which may be retained, liquidated, 

or otherwise disposed of by the Secretary and which shall be credited to this account. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor, 

$55,440,000. 
H. R. 2361—21

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General, 

$39,116,000. 

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For the operation of trust programs for Indians by direct 

expenditure, contracts, cooperative agreements, compacts, and 

grants, $191,593,000, to remain available until expended, of which 

not to exceed $58,000,000 from this or any other Act, shall be 

available for historical accounting: Provided, That funds for trust 

management improvements and litigation support may, as needed, 

be transferred to or merged with the Bureau of Indian Affairs, 

‘‘Operation of Indian Programs’’ account; the Office of the Solicitor, 

‘‘Salaries and Expenses’’ account; and the Departmental Management, ‘‘Salaries and Expenses’’ account: Provided further, That 

funds made available to Tribes and Tribal organizations through 

contracts or grants obligated during fiscal year 2006, as authorized 

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

seq.), shall remain available until expended by the contractor or 

grantee: Provided further, That, notwithstanding any other provision of law, the statute of limitations shall not commence to run 

on any claim, including any claim in litigation pending on the 

date of the enactment of this Act, concerning losses to or mismanagement of trust funds, until the affected tribe or individual 

Indian has been furnished with an accounting of such funds from 

which the beneficiary can determine whether there has been a 

loss: Provided further, That, notwithstanding any other provision 

of law, the Secretary shall not be required to provide a quarterly 

statement of performance for any Indian trust account that has 

not had activity for at least 18 months and has a balance of 

$1.00 or less: Provided further, That the Secretary shall issue 

an annual account statement and maintain a record of any such 

accounts and shall permit the balance in each such account to 

be withdrawn upon the express written request of the account 

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

for the Secretary to make payments to correct administrative errors 

of either disbursements from or deposits to Individual Indian Money 

or Tribal accounts after September 30, 2002: Provided further, 

That erroneous payments that are recovered shall be credited to 

and remain available in this account for this purpose. 

INDIAN LAND CONSOLIDATION

For consolidation of fractional interests in Indian lands and 

expenses associated with redetermining and redistributing 

escheated interests in allotted lands, and for necessary expenses 

to carry out the Indian Land Consolidation Act of 1983, as amended, 

by direct expenditure or cooperative agreement, $34,514,000, to 

remain available until expended, and which may be transferred 

to the Bureau of Indian Affairs and Departmental Management 

accounts: Provided, That funds provided under this heading may 

be expended pursuant to the authorities contained in the provisos 
H. R. 2361—22

under the heading ‘‘Office of Special Trustee for American Indians, 

Indian Land Consolidation’’ of the Interior and Related Agencies 

Appropriations Act, 2001 (Public Law 106–291). 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry 

out the provisions of the Comprehensive Environmental Response, 

Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 

seq.), Federal Water Pollution Control Act, as amended (33 U.S.C. 

1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101–

380) (33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended 

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

expended. 

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available 

resources within the Working Capital Fund, 15 aircraft, 10 of which 

shall be for replacement and which may be obtained by donation, 

purchase or through available excess surplus property: Provided,

That existing aircraft being replaced may be sold, with proceeds 

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

the replacement aircraft: Provided further, That no programs funded 

with appropriated funds in the ‘‘Departmental Management’’, 

‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’ may 

be augmented through the Working Capital Fund: Provided further,

That the annual budget justification for Departmental Management 

shall describe estimated Working Capital Fund charges to bureaus 

and offices, including the methodology on which charges are based: 

Provided further, That departures from the Working Capital Fund 

estimates contained in the Departmental Management budget justification shall be presented to the Committees on Appropriations 

for approval: Provided further, That the Secretary shall provide 

a semi-annual report to the Committees on Appropriations on 

reimbursable support agreements between the Office of the Secretary and the National Business Center and the bureaus and 

offices of the Department, including the amounts billed pursuant 

to such agreements. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

for expenditure or transfer (within each bureau or office), with 

the approval of the Secretary, for the emergency reconstruction, 

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or 

other unavoidable causes: Provided, That no funds shall be made 

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have 

been exhausted: Provided further, That all funds used pursuant 

to this section must be replenished by a supplemental appropriation 

which must be requested as promptly as possible. 

SEC. 102. The Secretary may authorize the expenditure or 

transfer of any no year appropriation in this title, in addition 
H. R. 2361—23

to the amounts included in the budget programs of the several 

agencies, for the suppression or emergency prevention of wildland 

fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related 

to potential or actual earthquakes, floods, volcanoes, storms, or 

other unavoidable causes; for contingency planning subsequent to 

actual oil spills; for response and natural resource damage assessment activities related to actual oil spills; for the prevention, 

suppression, and control of actual or potential grasshopper and 

Mormon cricket outbreaks on lands under the jurisdiction of the 

Secretary, pursuant to the authority in section 1773(b) of Public 

Law 99–198 (99 Stat. 1658); for emergency reclamation projects 

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

any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit 

assumption of regulatory authority in the event a primacy State 

is not carrying out the regulatory provisions of the Surface Mining 

Act: Provided, That appropriations made in this title for wildland 

fire operations shall be available for the payment of obligations 

incurred during the preceding fiscal year, and for reimbursement 

to other Federal agencies for destruction of vehicles, aircraft, or 

other equipment in connection with their use for wildland fire 

operations, such reimbursement to be credited to appropriations 

currently available at the time of receipt thereof: Provided further,

That for wildland fire operations, no funds shall be made available 

under this authority until the Secretary determines that funds 

appropriated for ‘‘wildland fire operations’’ shall be exhausted 

within 30 days: Provided further, That all funds used pursuant 

to this section must be replenished by a supplemental appropriation 

which must be requested as promptly as possible: Provided further,

That such replenishment funds shall be used to reimburse, on 

a pro rata basis, accounts from which emergency funds were transferred. 

SEC. 103. Appropriations made to the Department of the 

Interior in this title shall be available for services as authorized 

by 5 U.S.C. 3109, when authorized by the Secretary, in total amount 

not to exceed $500,000; hire, maintenance, and operation of aircraft; 

hire of passenger motor vehicles; purchase of reprints; payment 

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment 

of dues, when authorized by the Secretary, for library membership 

in societies or associations which issue publications to members 

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

are not members. 

SEC. 104. No funds provided in this title may be expended 

by the Department of the Interior for the conduct of offshore 

preleasing, leasing and related activities placed under restriction 

in the President’s moratorium statement of June 12, 1998, in the 

areas of northern, central, and southern California; the North 

Atlantic; Washington and Oregon; and the eastern Gulf of Mexico 

south of 26 degrees north latitude and east of 86 degrees west 

longitude. 

SEC. 105. No funds provided in this title may be expended 

by the Department of the Interior to conduct offshore oil and natural 

gas preleasing, leasing and related activities in the eastern Gulf 

of Mexico planning area for any lands located outside Sale 181, 
H. R. 2361—24

as identified in the final Outer Continental Shelf 5-Year Oil and 

Gas Leasing Program, 1997–2002. 

SEC. 106. No funds provided in this title may be expended 

by the Department of the Interior to conduct oil and natural gas 

preleasing, leasing and related activities in the Mid-Atlantic and 

South Atlantic planning areas. 

SEC. 107. Appropriations made in this Act under the headings 

Bureau of Indian Affairs and Office of Special Trustee for American 

Indians and any unobligated balances from prior appropriations 

Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities, 

except that total funding for historical accounting activities shall 

not exceed amounts specifically designated in this Act for such 

purpose. 

SEC. 108. Notwithstanding any other provision of law, in fiscal 

years 2006 through 2010, for the purpose of reducing the backlog 

of Indian probate cases in the Department of the Interior, the 

hearing requirements of chapter 10 of title 25, United States Code, 

are deemed satisfied by a proceeding conducted by an Indian probate judge, appointed by the Secretary without regard to the provisions of title 5, United States Code, governing the appointments 

in the competitive service, for such period of time as the Secretary 

determines necessary: Provided, That the basic pay of an Indian 

probate judge so appointed may be fixed by the Secretary without 

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

53 of title 5, United States Code, governing the classification and 

pay of General Schedule employees, except that no such Indian 

probate judge may be paid at a level which exceeds the maximum 

rate payable for the highest grade of the General Schedule, 

including locality pay. 

SEC. 109. Notwithstanding any other provision of law, the 

Secretary of the Interior is authorized to redistribute any Tribal 

Priority Allocation funds, including tribal base funds, to alleviate 

tribal funding inequities by transferring funds to address identified, 

unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction 

in Tribal Priority Allocation funds of more than 10 percent in 

fiscal year 2006. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 

10 percent limitation does not apply. 

SEC. 110. (a) For fiscal year 2006 and each succeeding fiscal 

year, any funds made available by this Act for the Southwest 

Indian Polytechnic Institute and Haskell Indian Nations University 

for postsecondary programs of the Bureau of Indian Affairs in 

excess of the amount made available for those postsecondary programs for fiscal year 2005 shall be allocated in direct proportion 

to the need of the schools, as determined in accordance with the 

postsecondary funding formula adopted by the Office of Indian 

Education Programs. 

(b) For fiscal year 2007 and each succeeding fiscal year, the 

Bureau of Indian Affairs shall use the postsecondary funding formula adopted by the Office of Indian Education Programs based 

on the needs of the Southwest Indian Polytechnic Institute and 

Haskell Indian Nations University to justify the amounts submitted 

as part of the budget request of the Department of the Interior. 
H. R. 2361—25

SEC. 111. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104–

208, the Secretary may accept and retain land and other forms 

of reimbursement: Provided, That the Secretary may retain and 

use any such reimbursement until expended and without further 

appropriation: (1) for the benefit of the National Wildlife Refuge 

System within the State of Minnesota; and (2) for all activities 

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

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

for the use of helicopters or motor vehicles on the Sheldon and 

Hart National Wildlife Refuges for the purpose of capturing and 

transporting horses and burros. The provisions of subsection (a) 

of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be 

applicable to such use. Such use shall be in accordance with humane 

procedures prescribed by the Secretary. 

SEC. 113. Funds provided in this Act for Federal land acquisition by the National Park Service for Shenandoah Valley Battlefields National Historic District and Ice Age National Scenic Trail, 

and funds provided in division E of Public Law 108–447 (118 

Stat. 3050) for land acquisition at the Niobrara National Scenic 

River, may be used for a grant to a State, a local government, 

or any other land management entity for the acquisition of lands 

without regard to any restriction on the use of Federal land acquisition funds provided through the Land and Water Conservation 

Fund Act of 1965 as amended. 

SEC. 114. None of the funds made available by this Act may 

be obligated or expended by the National Park Service to enter 

into or implement a concession contract which permits or requires 

the removal of the underground lunchroom at the Carlsbad Caverns 

National Park. 

SEC. 115. None of the funds made available in this Act may 

be used: (1) to demolish the bridge between Jersey City, New 

Jersey, and Ellis Island; or (2) to prevent pedestrian use of such 

bridge, when such pedestrian use is consistent with generally 

accepted safety standards. 

SEC. 116. None of the funds in this or any other Act can 

be used to compensate the Special Master and the Special MasterMonitor, and all variations thereto, appointed by the United States 

District Court for the District of Columbia in the Cobell v. Norton 

litigation at an annual rate that exceeds 200 percent of the highest 

Senior Executive Service rate of pay for the Washington-Baltimore 

locality pay area. 

SEC. 117. The Secretary of the Interior may use discretionary 

funds to pay private attorney fees and costs for employees and 

former employees of the Department of the Interior reasonably 

incurred in connection with Cobell v. Norton to the extent that 

such fees and costs are not paid by the Department of Justice 

or by private insurance. In no case shall the Secretary make payments under this section that would result in payment of hourly 

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

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

SEC. 118. The United States Fish and Wildlife Service shall, 

in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking 

of salmonid stocks, intended for harvest, that are released from 

Federally operated or Federally financed hatcheries including but 
H. R. 2361—26

not limited to fish releases of coho, chinook, and steelhead species. 

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

by commercial and recreational fishers. 

SEC. 119. (a) IN GENERAL.—Nothing in section 134 of the 

Department of the Interior and Related Agencies Appropriations 

Act, 2002 (115 Stat. 443) affects the decision of the United States 

Court of Appeals for the 10th Circuit in Sac and Fox Nation v. 

Norton, 240 F.3d 1250 (2001). 

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

permits the conduct of gaming under the Indian Gaming Regulatory 

Act (25 U.S.C. 2701 et seq.) on land described in section 123 

of the Department of the Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 944), or land that is contiguous to that 

land, regardless of whether the land or contiguous land has been 

taken into trust by the Secretary of the Interior. 

SEC. 120. No funds appropriated for the Department of the 

Interior by this Act or any other Act shall be used to study or 

implement any plan to drain Lake Powell or to reduce the water 

level of the lake below the range of water levels required for 

the operation of the Glen Canyon Dam. 

SEC. 121. Notwithstanding the limitation in subparagraph 

(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25 

U.S.C. 2717(a)), the total amount of all fees imposed by the National 

Indian Gaming Commission for fiscal year 2007 shall not exceed 

$12,000,000. 

SEC. 122. Notwithstanding any implementation of the Department of the Interior’s trust reorganization or reengineering plans, 

or the implementation of the ‘‘To Be’’ Model, funds appropriated 

for fiscal year 2006 shall be available to the tribes within the 

California Tribal Trust Reform Consortium and to the Salt River 

Pima-Maricopa Indian Community, the Confederated Salish and 

Kootenai Tribes of the Flathead Reservation and the Chippewa 

Cree Tribe of the Rocky Boys Reservation through the same methodology as funds were distributed in fiscal year 2003. This Demonstration Project shall continue to operate separate and apart from 

the Department of the Interior’s trust reform and reorganization 

and the Department shall not impose its trust management infrastructure upon or alter the existing trust resource management 

systems of the above referenced tribes having a self-governance 

compact and operating in accordance with the Tribal Self-Governance Program set forth in 25 U.S.C. 458aa–458hh: Provided, That 

the California Trust Reform Consortium and any other participating 

tribe agree to carry out their responsibilities under the same written 

and implemented fiduciary standards as those being carried by 

the Secretary of the Interior: Provided further, That they demonstrate to the satisfaction of the Secretary that they have the 

capability to do so: Provided further, That the Department shall 

provide funds to the tribes in an amount equal to that required 

by 25 U.S.C. 458cc(g)(3), including funds specifically or functionally 

related to the provision of trust services to the tribes or their 

members. 

SEC. 123. Notwithstanding any provision of law, including 42 

U.S.C. 4321 et. seq., nonrenewable grazing permits authorized in 

the Jarbidge Field Office, Bureau of Land Management within 

the past 9 years, shall be renewed. The Animal Unit Months contained in the most recently expired nonrenewable grazing permit, 

authorized between March 1, 1997, and February 28, 2003, shall 
H. R. 2361—27

continue in effect under the renewed permit. Nothing in this section 

shall be deemed to extend the nonrenewable permits beyond the 

standard 1-year term. 

SEC. 124. Notwithstanding any other provision of law, the 

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

or interests therein including the use of all or part of any pier, 

dock, or landing within the State of New York and the State 

of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors 

to Ellis, Governors, and Liberty Islands, and of other program 

and administrative activities, by donation or with appropriated 

funds, including franchise fees (and other monetary consideration), 

or by exchange; and the Secretary is authorized to negotiate and 

enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions 

as the Secretary may determine reasonable. 

SEC. 125. Upon the request of the permittee for the Clark 

Mountain Allotment lands adjacent to the Mojave National Preserve, the Secretary shall also issue a special use permit for that 

portion of the grazing allotment located within the Preserve. The 

special use permit shall be issued with the same terms and conditions as the most recently-issued permit for that allotment and 

the Secretary shall consider the permit to be one transferred in 

accordance with section 325 of Public Law 108–108. 

SEC. 126. Notwithstanding any other provision of law, the 

National Park Service final winter use rules published in Part 

VII of the Federal Register for November 10, 2004, 69 Fed. Reg. 

65348 et seq., shall be in force and effect for the winter use season 

of 2005–2006 that commences on or about December 15, 2005. 

SEC. 127. Section 1121(d) of the Education Amendments of 

1978 (25 U.S.C. 2001(d)) is amended by striking paragraph (7) 

and inserting the following: 

‘‘(7) APPROVAL OF INDIAN TRIBES.—The Secretary shall not 

terminate, close, consolidate, contract, transfer to another 

authority, or take any other action relating to an elementary 

school or secondary school (or any program of such a school) 

of an Indian tribe without the approval of the governing body 

of any Indian tribe that would be affected by such an action.’’. 

SEC. 128. Section 108(e) of the Act entitled ‘‘An Act to establish 

the Kalaupapa National Historical Park in the State of Hawaii, 

and for other purposes’’ (16 U.S.C. 410jj–7) is amended by striking 

‘‘twenty-five years from’’ and inserting ‘‘on the date that is 45 

years after’’. 

SEC. 129. Section 402(b) of the Surface Mining Control and 

Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 

‘‘September 30, 2005,’’ and inserting ‘‘June 30, 2006,’’. 

SEC. 130. None of the funds in this or any other Act may 

be used to set up Centers of Excellence and Partnership Skills 

Bank training without prior approval of the House and Senate 

Committees on Appropriations. 

SEC. 131. Section 114 of the Department of the Interior and 

Related Agencies Appropriations Act, 2003 (16 U.S.C. 460bb–3 note; 

117 Stat. 239; division F of Public Law 108–7), is amended— 

(1) in the second sentence, by inserting ‘‘, including utility 

expenses of the National Park Service or lessees of the National 

Park Service’’ after ‘‘Fort Baker properties’’; and 
H. R. 2361—28

(2) by inserting between the first and second sentences 

the following: ‘‘In furtherance of a lease entered into under 

the first sentence, the Secretary of the Interior or a lessee 

may impose fees on overnight lodgers for the purpose of covering the cost of providing utilities and transportation services 

at Fort Baker properties at a rate not to exceed the annual 

cost of providing these services.’’. 

SEC. 132. (a) Section 813(a) of the Federal Lands Recreation 

Enhancement Act (16 U.S.C. 6812(a)) is amended by striking ‘‘and 

(i)’’ and inserting ‘‘and (i) (except for paragraph (1)(C))’’. 

(b) Section 4(i)(1)(C)(i) of the Land and Water Conservation 

Fund Act of 1965 (16 U.S.C. 460l–6a(i)(1)(C)(i)) is amended— 

(1) by striking ‘‘Notwithstanding subparagraph (A)’’ and 

all that follows through ‘‘or section 107’’ and inserting ‘‘Notwithstanding section 107’’; and 

(2) by striking ‘‘account under subparagraph (A)’’ and 

inserting ‘‘account under section 807(a) of the Federal Lands 

Recreation Enhancement Act (16 U.S.C. 6806(a))’’. 

(c) Except as provided in this section, section 4(i)(1)(C) of the 

Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

6a(i)(1)(C)) shall be applied and administered as if section 813(a) 

of the Federal Lands Recreation Enhancement Act (16 U.S.C. 

6812(a)) (and the amendments made by that section) had not been 

enacted. 

(d) This section and the amendments made by this section 

take effect as of December 8, 2004. 

SEC. 133. Section 5(c) of the National Trails System Act (16 

U.S.C. 1244(c)) is amended by adding at the end the following: 

‘‘(43)(A) The Captain John Smith Chesapeake National Historic 

Watertrail, a series of routes extending approximately 3,000 miles 

along the Chesapeake Bay and the tributaries of the Chesapeake 

Bay in the States of Virginia, Maryland, Pennsylvania, and Delaware and the District of Columbia that traces Captain John Smith’s 

voyages charting the land and waterways of the Chesapeake Bay 

and the tributaries of the Chesapeake Bay. 

‘‘(B) The study shall be conducted in consultation with Federal, 

State, regional, and local agencies and representatives of the private 

sector, including the entities responsible for administering— 

‘‘(i) the Chesapeake Bay Gateways and Watertrails Network authorized under the Chesapeake Bay Initiative Act of 

1998 (16 U.S.C. 461 note; title V of Public Law 105–312); 

and 

‘‘(ii) the Chesapeake Bay Program authorized under section 

117 of the Federal Water Pollution Control Act (33 U.S.C. 

1267). 

‘‘(C) The study shall include an extensive analysis of the potential impacts the designation of the trail as a national historic 

watertrail is likely to have on land and water, including docks 

and piers, along the proposed route or bordering the study route 

that is privately owned at the time the study is conducted.’’. 

SEC. 134. (a) Notwithstanding section 508(c) of the Omnibus 

Parks and Public Lands Management Act of 1996 (40 U.S.C. 8903 

note; Public Law 104–333) there is hereby appropriated to the 

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

expended, for necessary expenses for the Memorial to Martin Luther 

King, Jr., authorized in that Act. 
H. R. 2361—29

(b) The funds appropriated in subsection (a) shall only be 

made available after the entire amount is matched by non-Federal 

contributions (not including in-kind contributions) that are pledged 

and received after July 26, 2005, but prior to the date specified 

in subsection (c). 

(c) Section 508(b)(2) of the Omnibus Parks and Public Lands 

Management Act of 1996 is amended by striking ‘‘November 12, 

2006’’ and inserting ‘‘November 12, 2008’’. 

TITLE II—ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980, as amended; necessary expenses for 

personnel and related costs and travel expenses, including uniforms, 

or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals 

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

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

of laboratory equipment and supplies; other operating expenses 

in support of research and development; construction, alteration, 

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

$85,000 per project, $741,722,000, to remain available until September 30, 2007. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and 

related costs and travel expenses, including uniforms, or allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 

the per diem rate equivalent to the maximum rate payable for 

senior level positions under 5 U.S.C. 5376; hire of passenger motor 

vehicles; hire, maintenance, and operation of aircraft; purchase 

of reprints; library memberships in societies or associations which 

issue publications to members only or at a price to members lower 

than to subscribers who are not members; construction, alteration, 

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

$85,000 per project; and not to exceed $19,000 for official reception 

and representation expenses, $2,381,752,000, to remain available 

until September 30, 2007, including administrative costs of the 

brownfields program under the Small Business Liability Relief and 

Brownfields Revitalization Act of 2002. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

as amended, and for construction, alteration, repair, rehabilitation, 

and renovation of facilities, not to exceed $85,000 per project, 

$37,455,000, to remain available until September 30, 2007. 
H. R. 2361—30

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, 

and purchase of fixed equipment or facilities of, or for use by, 

the Environmental Protection Agency, $40,218,000, to remain available until expended. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), 

and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair, 

rehabilitation, and renovation of facilities, not to exceed $85,000 

per project; $1,260,621,000, to remain available until expended, 

consisting of such sums as are available in the Trust Fund upon 

the date of enactment of this Act as authorized by section 517(a) 

of the Superfund Amendments and Reauthorization Act of 1986 

(SARA) and up to $1,260,621,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds 

appropriated under this heading may be allocated to other Federal 

agencies in accordance with section 111(a) of CERCLA: Provided 

further, That of the funds appropriated under this heading, 

$13,536,000 shall be transferred to the ‘‘Office of Inspector General’’ 

appropriation to remain available until September 30, 2007, and 

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

appropriation to remain available until September 30, 2007. 

LEAKING UNDERGROUND STORAGE TANK PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for 

construction, alteration, repair, rehabilitation, and renovation of 

facilities, not to exceed $85,000 per project, $73,027,000, to remain 

available until expended. 

OIL SPILL RESPONSE

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, 

$15,863,000, to be derived from the Oil Spill Liability trust fund, 

to remain available until expended. 

STATE AND TRIBAL ASSISTANCE GRANTS

(INCLUDING RESCISSIONS OF FUNDS)

For environmental programs and infrastructure assistance, 

including capitalization grants for State revolving funds and 

performance partnership grants, $3,261,696,000, to remain available until expended, of which $900,000,000 shall be for making 

capitalization grants for the Clean Water State Revolving Funds 

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

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

for loans, including interest free loans as authorized by 33 U.S.C. 
H. R. 2361—31

1383(d)(1)(A), to municipal, inter-municipal, interstate, or State 

agencies or nonprofit entities for projects that provide treatment 

for or that minimize sewage or stormwater discharges using one 

or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater 

treatment, low-impact development practices, conservation easements, stream buffers, or wetlands restoration; $850,000,000 shall 

be for capitalization grants for the Drinking Water State Revolving 

Funds under section 1452 of the Safe Drinking Water Act, as 

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

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

available under this heading in this or previous appropriations 

Acts shall be reserved by the Administrator for health effects studies 

on drinking water contaminants; $50,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water 

and wastewater facilities in the area of the United States-Mexico 

Border, after consultation with the appropriate border commission; 

$35,000,000 shall be for grants to the State of Alaska to address 

drinking water and waste infrastructure needs of rural and Alaska 

Native Villages: Provided, That, of these funds: (1) the State of 

Alaska shall provide a match of 25 percent; (2) no more than 

5 percent of the funds may be used for administrative and overhead 

expenses; and (3) not later than October 1, 2005 the State of 

Alaska shall make awards consistent with the State-wide priority 

list established in 2004 for all water, sewer, waste disposal, and 

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

under section 221 of the Federal Water Pollution Control Act (33 

U.S.C. 1301) or the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1921 et seq.) which shall allocate not less than 

25 percent of the funds provided for projects in regional hub communities; $200,000,000 shall be for making special project grants for 

the construction of drinking water, wastewater and storm water 

infrastructure and for water quality protection in accordance with 

the terms and conditions specified for such grants in the joint 

explanatory statement of the managers accompanying this Act, 

and, for purposes of these grants, each grantee shall contribute 

not less than 45 percent of the cost of the project unless the 

grantee is approved for a waiver by the Agency; $90,000,000 shall 

be to carry out section 104(k) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (CERCLA), as 

amended, including grants, interagency agreements, and associated 

program support costs; $7,000,000 for making cost-shared grants 

for school bus retrofit and replacement projects that reduce diesel 

emissions; and $1,129,696,000 shall be for grants, including associated program support costs, to States, federally recognized tribes, 

interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control 

and abatement and related activities, including activities pursuant 

to the provisions set forth under this heading in Public Law 104–

134, and for making grants under section 103 of the Clean Air 

Act for particulate matter monitoring and data collection activities 

subject to terms and conditions specified by the Administrator, 

of which $50,000,000 shall be for carrying out section 128 of 

CERCLA, as amended, $20,000,000 shall be for Environmental 

Information Exchange Network grants, including associated program support costs, and $16,856,000 shall be for making competitive 
H. R. 2361—32

targeted watershed grants: Provided further, That for fiscal year 

2006 and thereafter, State authority under section 302(a) of Public 

Law 104–182 shall remain in effect: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control 

Act, the limitation on the amounts in a State water pollution 

control revolving fund that may be used by a State to administer 

the fund shall not apply to amounts included as principal in loans 

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

such amounts represent costs of administering the fund to the 

extent that such amounts are or were deemed reasonable by the 

Administrator, accounted for separately from other assets in the 

fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2006, and notwithstanding section 518(f) of the Act, the Administrator is authorized 

to use the amounts appropriated for any fiscal year under section 

319 of that Act to make grants to Indian tribes pursuant to sections 

319(h) and 518(e) of that Act: Provided further, That for fiscal 

year 2006, notwithstanding the limitation on amounts in section 

518(c) of the Act, up to a total of 11⁄2 percent of the funds appropriated for State Revolving Funds under title VI of that Act may 

be reserved by the Administrator for grants under section 518(c) 

of that Act: Provided further, That no funds provided by this legislation to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United 

States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that 

jurisdiction the development or construction of any additional 

colonia areas, or the development within an existing colonia the 

construction of any new home, business, or other structure which 

lacks water, wastewater, or other necessary infrastructure: Provided 

further, That, notwithstanding this or any other appropriations 

Act, heretofore and hereafter, after consultation with the House 

and Senate Committees on Appropriations and for the purpose 

of making technical corrections, the Administrator is authorized 

to award grants under this heading to entities and for purposes 

other than those listed in the joint explanatory statements of the 

managers accompanying the Agency’s appropriations Acts for the 

construction of drinking water, wastewater and stormwater infrastructure and for water quality protection. 

In addition, $80,000,000 is hereby rescinded from prior year 

funds in appropriation accounts available to the Environmental 

Protection Agency: Provided, That such rescissions shall be taken 

solely from amounts associated with grants, contracts, and interagency agreements whose availability, under the original project 

period for such grant or interagency agreement or contract period 

for such contract, has expired: Provided further, That such rescissions shall include funds that were appropriated under this heading 

for special project grants in fiscal year 2000 or earlier that have 

not been obligated on an approved grant by September 1, 2006. 

ADMINISTRATIVE PROVISIONS

For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1) and 

6305(1), the Administrator of the Environmental Protection Agency, 

in carrying out the Agency’s function to implement directly Federal 

environmental programs required or authorized by law in the 
H. R. 2361—33

absence of an acceptable tribal program, may award cooperative 

agreements to federally-recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian 

Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State 

financial assistance agreements. 

The Administrator of the Environmental Protection Agency is 

authorized to collect and obligate pesticide registration service fees 

in accordance with section 33 of the Federal Insecticide, Fungicide, 

and Rodenticide Act (as added by subsection (f)(2) of the Pesticide 

Registration Improvement Act of 2003), as amended. 

Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated 

funds for fiscal year 2006 may be used to award grants or loans 

under section 104(k) of CERCLA to eligible entities that satisfy 

all of the elements set forth in CERCLA section 101(40) to qualify 

as a bona fide prospective purchaser except that the date of acquisition of the property was prior to the date of enactment of the 

Small Business Liability Relief and Brownfield Revitalization Act 

of 2001. 

For fiscal years 2006 through 2011, the Administrator may, 

after consultation with the Office of Personnel Management, make 

not to exceed five appointments in any fiscal year under the 

authority provided in 42 U.S.C. 209 for the Office of Research 

and Development. 

Beginning in fiscal year 2006 and thereafter, and notwithstanding section 306 of the Toxic Substances Control Act, the Federal share of the cost of radon program activities implemented 

with Federal assistance under section 306 shall not exceed 60 

percent in the third and subsequent grant years. 

GENERAL PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY

SEC. 201. None of the funds made available by this Act may 

be used by the Administrator of the Environmental Protection 

Agency to accept, consider or rely on third-party intentional dosing 

human toxicity studies for pesticides, or to conduct intentional 

dosing human toxicity studies for pesticides until the Administrator 

issues a final rulemaking on this subject. The Administrator shall 

allow for a period of not less than 90 days for public comment 

on the Agency’s proposed rule before issuing a final rule. Such 

rule shall not permit the use of pregnant women, infants or children 

as subjects; shall be consistent with the principles proposed in 

the 2004 report of the National Academy of Sciences on intentional 

human dosing and the principles of the Nuremberg Code with 

respect to human experimentation; and shall establish an independent Human Subjects Review Board. The final rule shall be 

issued no later than 180-days after enactment of this Act. 

SEC. 202. None of the funds made available by this Act may 

be used in contravention of, or to delay the implementation of, 

Executive Order No. 12898 of February 11, 1994 (59 Fed. Reg. 

7629; relating to Federal actions to address environmental justice 

in minority populations and low-income populations). 

SEC. 203. None of the funds made available in this Act may 

be used to finalize, issue, implement, or enforce the proposed policy 

of the Environmental Protection Agency entitled ‘‘National Pollutant 

Discharge Elimination System (NPDES) Permit Requirements for 
H. R. 2361—34

Municipal Wastewater Treatment During Wet Weather Conditions’’, 

dated November 3, 2003 (68 Fed. Reg. 63042). 

SEC. 204. None of the funds made available in this Act may 

be used in contravention of 15 U.S.C. 2682(c)(3) or to delay the 

implementation of that section. 

SEC. 205. None of the funds provided in this Act or any other 

Act may be used by the Environmental Protection Agency (EPA) 

to publish proposed or final regulations pursuant to the requirements of section 428(b) of division G of Public Law 108–199 until 

the Administrator of the Environmental Protection Agency, in 

coordination with other appropriate Federal agencies, has completed 

and published a technical study to look at safety issues, including 

the risk of fire and burn to consumers in use, associated with 

compliance with the regulations. Not later than 6 months after 

the date of enactment of this Act, the Administrator shall complete 

and publish the technical study. 

TITLE III—RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as 

authorized by law, $283,094,000, to remain available until 

expended: Provided, That of the funds provided, $60,267,000 is 

for the forest inventory and analysis program. 

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, 

and others, and for forest health management, including treatments 

of pests, pathogens, and invasive or noxious plants and for restoring 

and rehabilitating forests damaged by pests or invasive plants, 

cooperative forestry, and education and land conservation activities 

and conducting an international program as authorized, 

$283,577,000, to remain available until expended, as authorized 

by law of which $57,380,000 is to be derived from the Land and 

Water Conservation Fund: Provided, That none of the funds provided under this heading for the acquisition of lands or interests 

in lands shall be available until the Forest Service notifies the 

House Committee on Appropriations and the Senate Committee 

on Appropriations, in writing, of specific contractual and grant 

details including the non-Federal cost share: Provided further, That 

of the funds provided herein, $1,000,000 shall be provided to Custer 

County, Idaho, for economic development in accordance with the 

Central Idaho Economic Development and Recreation Act, subject 

to authorization: Provided further, That notwithstanding any other 

provision of law, of the funds provided under this heading, an 

advance lump sum payment of $1,000,000 shall be made available 

to Madison County, North Carolina, for a forest recreation center, 

and a similar $500,000 payment shall be made available to 

Folkmoot USA in Haywood County, North Carolina, for Appalachian 

folk programs including forest crafts. 
H. R. 2361—35

NATIONAL FOREST SYSTEM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Forest Service, not otherwise 

provided for, for management, protection, improvement, and utilization of the National Forest System, $1,424,348,000, to remain available until expended, which shall include 50 percent of all moneys 

received during prior fiscal years as fees collected under the Land 

and Water Conservation Fund Act of 1965, as amended, in accordance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,

That unobligated balances under this heading available at the 

start of fiscal year 2006 shall be displayed by budget line item 

in the fiscal year 2007 budget justification: Provided further, That 

of the funds provided under this heading for Forest Products, 

$5,000,000 shall be allocated to the Alaska Region, in addition 

to its normal allocation for the purposes of preparing additional 

timber for sale, to establish a 3-year timber supply and such funds 

may be transferred to other appropriations accounts as necessary 

to maximize accomplishment: Provided further, That within funds 

available for the purpose of implementing the Valles Caldera 

Preservation Act, notwithstanding the limitations of section 

107(e)(2) of the Valles Caldera Preservation Act (Public Law 106–

248), for fiscal year 2006, the Chair of the Board of Trustees 

of the Valles Caldera Trust may receive, upon request, compensation 

for each day (including travel time) that the Chair is engaged 

in the performance of the functions of the Board, except that compensation shall not exceed the daily equivalent of the annual rate 

in effect for members of the Senior Executive Service at the ES–

1 level, and shall be in addition to any reimbursement for travel, 

subsistence and other necessary expenses incurred by the Chair 

in the performance of the Chair’s duties. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for forest fire presuppression activities 

on National Forest System lands, for emergency fire suppression 

on or adjacent to such lands or other lands under fire protection 

agreement, hazardous fuels reduction on or adjacent to such lands, 

and for emergency rehabilitation of burned-over National Forest 

System lands and water, $1,779,395,000, to remain available until 

expended: Provided, That such funds including unobligated balances 

under this heading, are available for repayment of advances from 

other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to 

reimburse State and other cooperating entities for services provided 

in response to wildfire and other emergencies or disasters to the 

extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management 

agency: Provided further, That not less than 50 percent of any 

unobligated balances remaining (exclusive of amounts for hazardous 

fuels reduction) at the end of fiscal year 2005 shall be transferred 

to the fund established pursuant to section 3 of Public Law 71–

319 (16 U.S.C. 576 et seq.) if necessary to reimburse the fund 

for unpaid past advances: Provided further, That, notwithstanding 

any other provision of law, $8,000,000 of funds appropriated under 
H. R. 2361—36

this appropriation shall be used for Fire Science Research in support 

of the Joint Fire Science Program: Provided further, That all 

authorities for the use of funds, including the use of contracts, 

grants, and cooperative agreements, available to execute the Forest 

and Rangeland Research appropriation, are also available in the 

utilization of these funds for Fire Science Research: Provided further, That funds provided shall be available for emergency 

rehabilitation and restoration, hazardous fuels reduction activities 

in the urban-wildland interface, support to Federal emergency 

response, and wildfire suppression activities of the Forest Service: 

Provided further, That of the funds provided, $286,000,000 is for 

hazardous fuels reduction activities, $6,281,000 is for rehabilitation 

and restoration, $23,219,000 is for research activities and to make 

competitive research grants pursuant to the Forest and Rangeland 

Renewable Resources Research Act, as amended (16 U.S.C. 1641 

et seq.), $46,500,000 is for State fire assistance, $7,889,000 is for 

volunteer fire assistance, $15,000,000 is for forest health activities 

on Federal lands and $10,000,000 is for forest health activities 

on State and private lands: Provided further, That amounts in 

this paragraph may be transferred to the ‘‘State and Private Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and Rangeland 

Research’’ accounts to fund State fire assistance, volunteer fire 

assistance, forest health management, forest and rangeland 

research, vegetation and watershed management, heritage site 

rehabilitation, and wildlife and fish habitat management and restoration: Provided further, That transfers of any amounts in excess 

of those authorized in this paragraph, shall require approval of 

the House and Senate Committees on Appropriations in compliance 

with reprogramming procedures contained in the report accompanying this Act: Provided further, That funds provided under 

this heading for hazardous fuels treatments may be transferred 

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

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

after notifying the House and the Senate Committees on Appropriations: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any nonFederal entity may be shared, as mutually agreed on by the affected 

parties: Provided further, That in addition to funds provided for 

State Fire Assistance programs, and subject to all authorities available to the Forest Service under the State and Private Forestry 

Appropriation, up to $15,000,000 may be used on adjacent nonFederal lands for the purpose of protecting communities when 

hazard reduction activities are planned on national forest lands 

that have the potential to place such communities at risk: Provided 

further, That included in funding for hazardous fuel reduction is 

$5,000,000 for implementing the Community Forest Restoration 

Act, Public Law 106–393, title VI, and any portion of such funds 

shall be available for use on non-Federal lands in accordance with 

authorities available to the Forest Service under the State and 

Private Forestry Appropriation: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize 

the transfer of funds appropriated for wildland fire management, 

in an aggregate amount not to exceed $9,000,000, between the 

Departments when such transfers would facilitate and expedite 

jointly funded wildland fire management programs and projects: 

Provided further, That of the funds provided for hazardous fuels 

reduction, not to exceed $5,000,000, may be used to make grants, 
H. R. 2361—37

using any authorities available to the Forest Service under the 

State and Private Forestry appropriation, for the purpose of creating 

incentives for increased use of biomass from national forest lands: 

Provided further, That funds designated for wildfire suppression 

shall be assessed for indirect costs on the same basis as such 

assessments are calculated against other agency programs. 

CAPITAL IMPROVEMENT AND MAINTENANCE

For necessary expenses of the Forest Service, not otherwise 

provided for, $441,178,000, to remain available until expended for 

construction, reconstruction, maintenance and acquisition of 

buildings and other facilities, and for construction, reconstruction, 

repair, decommissioning, and maintenance of forest roads and trails 

by the Forest Service as authorized by 16 U.S.C. 532–538 and 

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

funds provided herein for road maintenance shall be available for 

the decommissioning of roads, including unauthorized roads not 

part of the transportation system, which are no longer needed: 

Provided further, That no funds shall be expended to decommission 

any system road until notice and an opportunity for public comment 

has been provided on each decommissioning project: Provided further, That of funds provided, $3,000,000 is provided for needed 

rehabilitation and restoration work at Jarbidge Canyon, Nevada: 

Provided further, That the Secretary of Agriculture may authorize 

the transfer of up to $1,350,000 as necessary to the Department 

of the Interior, Bureau of Land Management and Fish and Wildlife 

Service when such transfers would facilitate and expedite needed 

rehabilitation work on Bureau of Land Management lands, and 

for the Fish and Wildlife Service to implement terms and conditions 

identified in the Biological Opinion. 

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land 

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

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

acquisition of land or waters, or interest therein, in accordance 

with statutory authority applicable to the Forest Service, 

$42,500,000, to be derived from the Land and Water Conservation 

Fund and to remain available until expended: Provided further, 

That, subject to valid existing rights, all land and interests in 

land acquired in the Thunder Mountain area of the Payette National 

Forest (including patented claims and land that are encumbered 

by unpatented claims or previously appropriated funds under this 

section, or otherwise relinquished by a private party) are withdrawn 

from mineral entry or appropriation under Federal mining laws, 

and from leasing claims under Federal mineral and geothermal 

leasing laws. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the 

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 

and Cleveland National Forests, California, as authorized by law, 

$1,069,000, to be derived from forest receipts. 
H. R. 2361—38

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

deposited by State, county, or municipal governments, public school 

districts, or other public school authorities, and for authorized 

expenditures from funds deposited by non-Federal parties pursuant 

to Land Sale and Exchange Acts, pursuant to the Act of December 

4, 1967, as amended (16 U.S.C. 484a), to remain available until 

expended. 

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and 

improvement, 50 percent of all moneys received during the prior 

fiscal year, as fees for grazing domestic livestock on lands in 

National Forests in the 16 Western States, pursuant to section 

401(b)(1) of Public Law 94–579, as amended, to remain available 

until expended, of which not to exceed 6 percent shall be available 

for administrative expenses associated with on-the-ground range 

rehabilitation, protection, and improvements. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $64,000, to 

remain available until expended, to be derived from the fund established pursuant to the above Act. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal 

lands in Alaska for subsistence uses under title VIII of the Alaska 

National Interest Lands Conservation Act (Public Law 96–487), 

$5,067,000, to remain available until expended. 

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year 

shall be available for: (1) purchase of passenger motor vehicles; 

acquisition of passenger motor vehicles from excess sources, and 

hire of such vehicles; purchase, lease, operation, maintenance, and 

acquisition of aircraft from excess sources to maintain the operable 

fleet for use in Forest Service wildland fire programs and other 

Forest Service programs; notwithstanding other provisions of law, 

existing aircraft being replaced may be sold, with proceeds derived 

or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not 

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

improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and 

interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 

558a, 558d, and 558a note); (6) the cost of uniforms as authorized 

by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in 

accordance with 31 U.S.C. 3718(c). 

None of the funds made available under this Act shall be 

obligated or expended to abolish any region, to move or close any 

regional office for National Forest System administration of the 
H. R. 2361—39

Forest Service, Department of Agriculture without the consent of 

the House and Senate Committees on Appropriations. 

Any appropriations or funds available to the Forest Service 

may be transferred to the Wildland Fire Management appropriation 

for forest firefighting, emergency rehabilitation of burned-over or 

damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon notification of the 

House and Senate Committees on Appropriations and if and only 

if all previously appropriated emergency contingent funds under 

the heading ‘‘Wildland Fire Management’’ have been released by 

the President and apportioned and all wildfire suppression funds 

under the heading ‘‘Wildland Fire Management’’ are obligated. 

The first transfer of funds into the Wildland Fire Management 

account shall include unobligated funds, if available, from the Land 

Acquisition account and the Forest Legacy program within the 

State and Private Forestry account. 

Funds appropriated to the Forest Service shall be available 

for assistance to or through the Agency for International Development and the Foreign Agricultural Service in connection with forest 

and rangeland research, technical information, and assistance in 

foreign countries, and shall be available to support forestry and 

related natural resource activities outside the United States and 

its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations. 

None of the funds made available to the Forest Service under 

this Act shall be subject to transfer under the provisions of section 

702(b) of the Department of Agriculture Organic Act of 1944 (7 

U.S.C. 2257) or 7 U.S.C. 147b, except that in fiscal year 2006 

the Forest Service may transfer funds to the ‘‘National Forest 

System’’ account from other agency accounts to enable the agency’s 

law enforcement program to pay full operating costs including overhead. 

None of the funds available to the Forest Service may be 

reprogrammed without the advance approval of the House and 

Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the report accompanying this 

Act. 

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

Service shall be transferred to the Working Capital Fund of the 

Department of Agriculture. Nothing in this paragraph shall prohibit 

or limit the use of reimbursable agreements requested by the Forest 

Service in order to obtain services from the Department of Agriculture’s National Information Technology Center. 

Funds available to the Forest Service shall be available to 

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

projects within the scope of the approved budget which shall be 

carried out by the Youth Conservation Corps. 

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

to the Chief of the Forest Service for official reception and representation expenses. 

Pursuant to sections 405(b) and 410(b) of Public Law 101–

593, of the funds available to the Forest Service, $3,000,000 may 

be advanced in a lump sum to the National Forest Foundation 

to aid conservation partnership projects in support of the Forest 

Service mission, without regard to when the Foundation incurs 

expenses, for administrative expenses or projects on or benefitting 
H. R. 2361—40

National Forest System lands or related to Forest Service programs: 

Provided, That of the Federal funds made available to the Foundation, no more than $300,000 shall be available for administrative 

expenses: Provided further, That the Foundation shall obtain, by 

the end of the period of Federal financial assistance, private contributions to match on at least one-for-one basis funds made available by the Forest Service: Provided further, That the Foundation 

may transfer Federal funds to a non-Federal recipient for a project 

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

matching funds: Provided further, That authorized investments of 

Federal funds held by the Foundation may be made only in interestbearing obligations of the United States or in obligations guaranteed 

as to both principal and interest by the United States. 

Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000 

of the funds available to the Forest Service shall be advanced 

to the National Fish and Wildlife Foundation in a lump sum to 

aid cost-share conservation projects, without regard to when 

expenses are incurred, on or benefitting National Forest System 

lands or related to Forest Service programs: Provided, That such 

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

Foundation or its subrecipients. 

Funds appropriated to the Forest Service shall be available 

for interactions with and providing technical assistance to rural 

communities for sustainable rural development purposes. 

Funds appropriated to the Forest Service shall be available 

for payments to counties within the Columbia River Gorge National 

Scenic Area, pursuant to sections 14(c)(1) and (2), and section 

16(a)(2) of Public Law 99–663. 

Notwithstanding any other provision of law, any appropriations 

or funds available to the Forest Service not to exceed $500,000 

may be used to reimburse the Office of the General Counsel (OGC), 

Department of Agriculture, for travel and related expenses incurred 

as a result of OGC assistance or participation requested by the 

Forest Service at meetings, training sessions, management reviews, 

land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and 

the Department of Agriculture should clearly display the sums 

previously transferred and the requested funding transfers. 

Any appropriations or funds available to the Forest Service 

may be used for necessary expenses in the event of law enforcement 

emergencies as necessary to protect natural resources and public 

or employee safety: Provided, That such amounts shall not exceed 

$500,000. 

An eligible individual who is employed in any project funded 

under title V of the Older American Act of 1965 (42 U.S.C. 3056 

et seq.) and administered by the Forest Service shall be considered 

to be a Federal employee for purposes of chapter 171 of title 28, 

United States Code. 

Any funds appropriated to the Forest Service may be used 

to meet the non-Federal share requirement in section 502(c) of 

the Older American Act of 1965 (42 U.S.C. 3056(c)(2)). 

For each fiscal year through 2009, funds available to the Forest 

Service in this Act may be used for the purpose of expenses associated with primary and secondary schooling for dependents of agency 

personnel stationed in Puerto Rico prior to the date of enactment 

of this Act, who are subject to transfer and reassignment to other 

locations in the United States, at a cost not in excess of those 
H. R. 2361—41

authorized for the Department of Defense for the same area, when 

it is determined by the Chief of the Forest Service that public 

schools available in the locality are unable to provide adequately 

for the education of such dependents. 

Funds available to the Forest Service, not to exceed 

$35,000,000, shall be assessed for the purpose of performing facilities maintenance. Such assessments shall occur using a square 

foot rate charged on the same basis the agency uses to assess 

programs for payment of rent, utilities, and other support services. 

In support of management of the National Wildlife Refuge 

System, Lot 6C of United States Survey 2538–A, containing 2.39 

acres and the residential triplex situated thereon, located in Kodiak, 

Alaska, is hereby transferred from the USDA Forest Service to 

the U.S. Fish and Wildlife Service. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954 

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health 

Care Improvement Act, and titles II and III of the Public Health 

Service Act with respect to the Indian Health Service, 

$2,732,298,000, together with payments received during the fiscal 

year pursuant to 42 U.S.C. 238(b) for services furnished by the 

Indian Health Service: Provided, That funds made available to 

tribes and tribal organizations through contracts, grant agreements, 

or any other agreements or compacts authorized by the Indian 

Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 

450), shall be deemed to be obligated at the time of the grant 

or contract award and thereafter shall remain available to the 

tribe or tribal organization without fiscal year limitation: Provided 

further, That up to $18,000,000 shall remain available until 

expended, for the Indian Catastrophic Health Emergency Fund: 

Provided further, That $507,021,000 for contract medical care shall 

remain available for obligation until September 30, 2007: Provided 

further, That of the funds provided, up to $27,000,000, to remain 

available until expended, shall be used to carry out the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That funds provided in this Act may 

be used for one-year contracts and grants which are to be performed 

in two fiscal years, so long as the total obligation is recorded 

in the year for which the funds are appropriated: Provided further,

That the amounts collected by the Secretary of Health and Human 

Services under the authority of title IV of the Indian Health Care 

Improvement Act shall remain available until expended for the 

purpose of achieving compliance with the applicable conditions and 

requirements of titles XVIII and XIX of the Social Security Act 

(exclusive of planning, design, or construction of new facilities): 

Provided further, That funding contained herein, and in any earlier 

appropriations Acts for scholarship programs under the Indian 

Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended: Provided further, That amounts received by 

tribes and tribal organizations under title IV of the Indian Health 

Care Improvement Act shall be reported and accounted for and 

available to the receiving tribes and tribal organizations until 
H. R. 2361—42

expended: Provided further, That, notwithstanding any other provision of law, of the amounts provided herein, not to exceed 

$268,683,000 shall be for payments to tribes and tribal organizations for contract or grant support costs associated with contracts, 

grants, self-governance compacts or annual funding agreements 

between the Indian Health Service and a tribe or tribal organization 

pursuant to the Indian Self-Determination Act of 1975, as amended, 

prior to or during fiscal year 2006, of which not to exceed $5,000,000 

may be used for contract support costs associated with new or 

expanded self-determination contracts, grants, self-governance compacts or annual funding agreements: Provided further, That the 

Bureau of Indian Affairs may collect from the Indian Health Service 

and tribes and tribal organizations operating health facilities pursuant to Public Law 93–638 such individually identifiable health 

information relating to disabled children as may be necessary for 

the purpose of carrying out its functions under the Individuals 

with Disabilities Education Act, 20 U.S.C. 1400, et seq.: Provided 

further, That of the amounts provided to the Indian Health Service, $15,000,000 is provided for alcohol control, enforcement, prevention, 

treatment, sobriety and wellness, and education in Alaska, to be 

distributed in accordance with the instruction provided in Senate 

Report 109–80: Provided further, That none of the funds may be 

used for tribal courts or tribal ordinance programs or any program 

that is not directly related to alcohol control, enforcement, prevention, treatment, or sobriety: Provided further, That no more than 

15 percent may be used by any entity receiving funding for administrative overhead including indirect costs. 

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters 

for personnel; preparation of plans, specifications, and drawings; 

acquisition of sites, purchase and erection of modular buildings, 

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act, 

and for expenses necessary to carry out such Acts and titles II 

and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health 

Service, $358,485,000, to remain available until expended: Provided,

That notwithstanding any other provision of law, funds appropriated for the planning, design, construction or renovation of health 

facilities for the benefit of an Indian tribe or tribes may be used 

to purchase land for sites to construct, improve, or enlarge health 

or related facilities: Provided further, That not to exceed $500,000 

shall be used by the Indian Health Service to purchase TRANSAM 

equipment from the Department of Defense for distribution to the 

Indian Health Service and tribal facilities: Provided further, That 

none of the funds appropriated to the Indian Health Service may 

be used for sanitation facilities construction for new homes funded 

with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That 

not to exceed $1,000,000 from this account and the ‘‘Indian Health 

Services’’ account shall be used by the Indian Health Service to 

obtain ambulances for the Indian Health Service and tribal facilities 

in conjunction with an existing interagency agreement between 
H. R. 2361—43

the Indian Health Service and the General Services Administration: 

Provided further, That notwithstanding any other provision of law, 

the Indian Health Service is authorized to construct a replacement 

health care facility in Nome, Alaska, on land owned by the Norton 

Sound Health Corporation: Provided further, That not to exceed 

$500,000 shall be placed in a Demolition Fund, available until 

expended, to be used by the Indian Health Service for demolition 

of Federal buildings. 

ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

Appropriations in this Act to the Indian Health Service shall 

be available for services as authorized by 5 U.S.C. 3109 but at 

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

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

of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of 

modular buildings and renovation of existing facilities; payments 

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and for uniforms 

or allowances therefor as authorized by 5 U.S.C. 5901–5902; and 

for expenses of attendance at meetings which are concerned with 

the functions or activities for which the appropriation is made 

or which will contribute to improved conduct, supervision, or 

management of those functions or activities. 

In accordance with the provisions of the Indian Health Care 

Improvement Act, non-Indian patients may be extended health 

care at all tribally administered or Indian Health Service facilities, 

subject to charges, and the proceeds along with funds recovered 

under the Federal Medical Care Recovery Act (42 U.S.C. 2651–

2653) shall be credited to the account of the facility providing 

the service and shall be available without fiscal year limitation. 

Notwithstanding any other law or regulation, funds transferred 

from the Department of Housing and Urban Development to the 

Indian Health Service shall be administered under Public Law 

86–121 (the Indian Sanitation Facilities Act) and Public Law 93–

638, as amended. 

Funds appropriated to the Indian Health Service in this Act, 

except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing 

Federal travel and transportation. 

None of the funds made available to the Indian Health Service 

in this Act shall be used for any assessments or charges by the 

Department of Health and Human Services unless identified in 

the budget justification and provided in this Act, or approved by 

the House and Senate Committees on Appropriations through the 

reprogramming process. Personnel ceilings may not be imposed 

on the Indian Health Service nor may any action be taken to 

reduce the full time equivalent level of the Indian Health Service 

below the level in fiscal year 2002 adjusted upward for the staffing 

of new and expanded facilities, funding provided for staffing at 

the Lawton, Oklahoma hospital in fiscal years 2003 and 2004, 

critical positions not filled in fiscal year 2002, and staffing necessary 

to carry out the intent of Congress with regard to program increases. 

Notwithstanding any other provision of law, funds previously 

or herein made available to a tribe or tribal organization through 

a contract, grant, or agreement authorized by title I or title V 

of the Indian Self-Determination and Education Assistance Act 
H. R. 2361—44

of 1975 (25 U.S.C. 450), may be deobligated and reobligated to 

a self-determination contract under title I, or a self-governance 

agreement under title V of such Act and thereafter shall remain 

available to the tribe or tribal organization without fiscal year 

limitation. 

None of the funds made available to the Indian Health Service 

in this Act shall be used to implement the final rule published 

in the Federal Register on September 16, 1987, by the Department 

of Health and Human Services, relating to the eligibility for the 

health care services of the Indian Health Service until the Indian 

Health Service has submitted a budget request reflecting the 

increased costs associated with the proposed final rule, and such 

request has been included in an appropriations Act and enacted 

into law. 

With respect to functions transferred by the Indian Health 

Service to tribes or tribal organizations, the Indian Health Service 

is authorized to provide goods and services to those entities, on 

a reimbursable basis, including payment in advance with subsequent adjustment. The reimbursements received therefrom, along 

with the funds received from those entities pursuant to the Indian 

Self-Determination Act, may be credited to the same or subsequent 

appropriation account which provided the funding. Such amounts 

shall remain available until expended. 

Reimbursements for training, technical assistance, or services 

provided by the Indian Health Service will contain total costs, 

including direct, administrative, and overhead associated with the 

provision of goods, services, or technical assistance. 

The appropriation structure for the Indian Health Service may 

not be altered without advance notification to the House and Senate 

Committees on Appropriations. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) 

of the Superfund Amendments and Reauthorization Act of 1986, 

$80,289,000. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances 

and Disease Registry (ATSDR) in carrying out activities set forth 

in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

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

section 3019 of the Solid Waste Disposal Act, as amended, 

$76,024,000, of which up to $1,500,000, to remain available until 

expended, is for Individual Learning Accounts for full-time equivalent employees of the Agency for Toxic Substances and Disease 

Registry: Provided, That notwithstanding any other provision of 

law, in lieu of performing a health assessment under section 
H. R. 2361—45

104(i)(6) of CERCLA, the Administrator of ATSDR may conduct 

other appropriate health studies, evaluations, or activities, 

including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care 

providers: Provided further, That in performing any such health 

assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 

104(i)(6)(A) of CERCLA: Provided further, That none of the funds 

appropriated under this heading shall be available for ATSDR 

to issue in excess of 40 toxicological profiles pursuant to section 

104(i) of CERCLA during fiscal year 2006, and existing profiles 

may be updated as necessary. 

OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the 

Council on Environmental Quality and Office of Environmental 

Quality pursuant to the National Environmental Policy Act of 1969, 

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official 

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

notwithstanding section 202 of the National Environmental Policy 

Act of 1970, the Council shall consist of one member, appointed 

by the President, by and with the advice and consent of the Senate, 

serving as chairman and exercising all powers, functions, and duties 

of the Council. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to 

section 112(r)(6) of the Clean Air Act, as amended, including hire 

of passenger vehicles, uniforms or allowances therefor, as authorized 

by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 

3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 

5 U.S.C. 5376, $9,200,000: Provided, That the Chemical Safety 

and Hazard Investigation Board (Board) shall have not more than 

three career Senior Executive Service positions: Provided further,

That notwithstanding any other provision of law, the individual 

appointed to the position of Inspector General of the Environmental 

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

hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector 

General of the Board shall utilize personnel of the Office of Inspector 

General of EPA in performing the duties of the Inspector General 

of the Board, and shall not appoint any individuals to positions 

within the Board. 
H. R. 2361—46

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93–531, $8,601,000, to 

remain available until expended: Provided, That funds provided 

in this or any other appropriations Act are to be used to relocate 

eligible individuals and groups including evictees from District 6, 

Hopi-partitioned lands residents, those in significantly substandard 

housing, and all others certified as eligible and not included in 

the preceding categories: Provided further, That none of the funds 

contained in this or any other Act may be used by the Office 

of Navajo and Hopi Indian Relocation to evict any single Navajo 

or Navajo family who, as of November 30, 1985, was physically 

domiciled on the lands partitioned to the Hopi Tribe unless a 

new or replacement home is provided for such household: Provided 

further, That no relocatee will be provided with more than one 

new or replacement home: Provided further, That the Office shall 

relocate any certified eligible relocatees who have selected and 

received an approved homesite on the Navajo reservation or selected 

a replacement residence off the Navajo reservation or on the land 

acquired pursuant to 25 U.S.C. 640d–10. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska 

Native Culture and Arts Development, as authorized by title XV 

of Public Law 99–498, as amended (20 U.S.C. 56 part A), $6,300,000. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as 

authorized by law, including research in the fields of art, science, 

and history; development, preservation, and documentation of the 

National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of 

information and publications; conduct of education, training, and 

museum assistance programs; maintenance, alteration, operation, 

lease (for terms not to exceed 30 years), and protection of buildings, 

facilities, and approaches; not to exceed $100,000 for services as 

authorized by 5 U.S.C. 3109; up to five replacement passenger 

vehicles; purchase, rental, repair, and cleaning of uniforms for 

employees, $524,281,000, of which not to exceed $10,992,000 for 

the instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of African American History 

and Culture, and the repatriation of skeletal remains program 

shall remain available until expended; and of which $9,086,000 

for the reopening of the Patent Office Building and for fellowships 

and scholarly awards shall remain available until September 30, 

2007; and including such funds as may be necessary to support 

American overseas research centers and a total of $125,000 for 

the Council of American Overseas Research Centers: Provided, That 

funds appropriated herein are available for advance payments to 
H. R. 2361—47

independent contractors performing research services or participating in official Smithsonian presentations: Provided further, That 

the Smithsonian Institution may expend Federal appropriations 

designated in this Act for lease or rent payments for long term 

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

and such rent payments may be deposited into the general trust 

funds of the Institution to the extent that federally supported 

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

District of Columbia: Provided further, That this use of Federal 

appropriations shall not be construed as debt service, a Federal 

guarantee of, a transfer of risk to, or an obligation of, the Federal 

Government: Provided further, That no appropriated funds may 

be used to service debt which is incurred to finance the costs 

of acquiring the 900 H Street building or of planning, designing, 

and constructing improvements to such building. 

FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration 

of facilities owned or occupied by the Smithsonian Institution, by 

contract or otherwise, as authorized by section 2 of the Act of 

August 22, 1949 (63 Stat. 623), and for construction, including 

necessary personnel, $100,000,000, to remain available until 

expended, of which not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109: Provided, That contracts awarded for environmental systems, protection systems, and repair or restoration of 

facilities of the Smithsonian Institution may be negotiated with 

selected contractors and awarded on the basis of contractor qualifications as well as price. 

ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

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

to make any changes to the existing Smithsonian science programs 

including closure of facilities, relocation of staff or redirection of 

functions and programs without the advance approval of the House 

and Senate Committees on Appropriations. 

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

to initiate the design for any proposed expansion of current space 

or new facility without consultation with the House and Senate 

Appropriations Committees. 

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

for the Holt House located at the National Zoological Park in 

Washington, D.C., unless identified as repairs to minimize water 

damage, monitor structure movement, or provide interim structural 

support. 

None of the funds available to the Smithsonian may be 

reprogrammed without the advance approval of the House and 

Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the statement of the managers accompanying this Act. 

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

to purchase any additional buildings without prior consultation 

with the House and Senate Committees on Appropriations. 
H. R. 2361—48

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art, 

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 

24, 1937 (50 Stat. 51), as amended by the public resolution of 

April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), 

including services as authorized by 5 U.S.C. 3109; payment in 

advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose 

publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, 

and cleaning of uniforms for guards, and uniforms, or allowances 

therefor, for other employees as authorized by law (5 U.S.C. 5901–

5902); purchase or rental of devices and services for protecting 

buildings and contents thereof, and maintenance, alteration, 

improvement, and repair of buildings, approaches, and grounds; 

and purchase of services for restoration and repair of works of 

art for the National Gallery of Art by contracts made, without 

advertising, with individuals, firms, or organizations at such rates 

or prices and under such terms and conditions as the Gallery 

may deem proper, $96,600,000, of which not to exceed $3,157,000 

for the special exhibition program shall remain available until 

expended. 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation 

of buildings, grounds and facilities owned or occupied by the 

National Gallery of Art, by contract or otherwise, as authorized, 

$16,200,000, to remain available until expended: Provided, That 

contracts awarded for environmental systems, protection systems, 

and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded 

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

further, That, notwithstanding any other provision of law, a single 

procurement for the Master Facilities Plan renovation project at 

the National Gallery of Art may be issued which includes the 

full scope of the Work Area #3 project: Provided further, That 

the solicitation and the contract shall contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232.18. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and 

security of the John F. Kennedy Center for the Performing Arts, 

$17,800,000. 

CONSTRUCTION

For necessary expenses for capital repair and restoration of 

the existing features of the building and site of the John F. Kennedy 

Center for the Performing Arts, $13,000,000, to remain available 

until expended. 
H. R. 2361—49

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the 

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 

hire of passenger vehicles and services as authorized by 5 U.S.C. 

3109, $9,201,000. 

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation 

on the Arts and the Humanities Act of 1965, as amended, 

$126,264,000 shall be available to the National Endowment for 

the Arts for the support of projects and productions in the arts 

through assistance to organizations and individuals pursuant to 

sections 5(c) and 5(g) of the Act, including $17,922,000 for support 

of arts education and public outreach activities through the Challenge America program, for program support, and for administering 

the functions of the Act, to remain available until expended: Provided, That funds previously appropriated to the National Endowment for the Arts ‘‘Matching Grants’’ account and ‘‘Challenge 

America’’ account may be transferred to and merged with this 

account: Provided further, That funds appropriated herein shall 

be expended in accordance with sections 309 and 311 of Public 

Law 108–108. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation 

on the Arts and the Humanities Act of 1965, as amended, 

$127,605,000, shall be available to the National Endowment for 

the Humanities for support of activities in the humanities, pursuant 

to section 7(c) of the Act, and for administering the functions 

of the Act, to remain available until expended. 

MATCHING GRANTS

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

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

amended, $15,449,000, to remain available until expended, of which 

$10,000,000 shall be available to the National Endowment for the 

Humanities for the purposes of section 7(h): Provided, That this 

appropriation shall be available for obligation only in such amounts 

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

of money, and other property accepted by the chairman or by 

grantees of the Endowment under the provisions of subsections 

11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal 

years for which equal amounts have not previously been appropriated. 
H. R. 2361—50

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation 

on the Arts and the Humanities may be used to process any grant 

or contract documents which do not include the text of 18 U.S.C. 

1913: Provided, That none of the funds appropriated to the National 

Foundation on the Arts and the Humanities may be used for official 

reception and representation expenses: Provided further, That funds 

from nonappropriated sources may be used as necessary for official 

reception and representation expenses: Provided further, That the 

Chairperson of the National Endowment for the Arts may approve 

grants up to $10,000, if in the aggregate this amount does not 

exceed 5 percent of the sums appropriated for grant-making purposes per year: Provided further, That such small grant actions 

are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the 

Chairperson. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $1,893,000: Provided, That the 

Commission is authorized to charge fees to cover the full costs 

of its publications, and such fees shall be credited to this account 

as an offsetting collection, to remain available until expended without further appropriation. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190 

(20 U.S.C. 956a), as amended, $7,250,000. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic 

Preservation (Public Law 89–665, as amended), $4,860,000: Provided, That none of these funds shall be available for compensation 

of level V of the Executive Schedule or higher positions. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital 

Planning Act of 1952 (40 U.S.C. 71–71i), including services as 

authorized by 5 U.S.C. 3109, $8,244,000: Provided, That one-quarter 

of 1 percent of the funds provided under this heading may be 

used for official reception and representational expenses associated 

with hosting international visitors engaged in the planning and 

physical development of world capitals. 
H. R. 2361—51

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized 

by Public Law 106–292 (36 U.S.C. 2301–2310), $42,780,000, of 

which $1,874,000 for the museum’s repair and rehabilitation program and $1,246,000 for the museum’s exhibition design and 

production program shall remain available until expended. 

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus 

Parks and Public Lands Management Act of 1996, $20,000,000 

shall be available to the Presidio Trust, to remain available until 

expended. 

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

SALARIES AND EXPENSES

For necessary expenses of the White House Commission on 

the National Moment of Remembrance, $250,000. 

TITLE IV—GENERAL PROVISIONS 

SEC. 401. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available 

for public inspection, except where otherwise provided under 

existing law, or under existing Executive order issued pursuant 

to existing law. 

SEC. 402. No part of any appropriation contained in this Act 

shall be available for any activity or the publication or distribution 

of literature that in any way tends to promote public support 

or opposition to any legislative proposal on which Congressional 

action is not complete other than to communicate to Members 

of Congress as described in 18 U.S.C. 1913. 

SEC. 403. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 404. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal 

cook, chauffeur, or other personal servants to any officer or 

employee of such department or agency except as otherwise provided 

by law. 

SEC. 405. Estimated overhead charges, deductions, reserves 

or holdbacks from programs, projects, activities and subactivities 

to support government-wide, departmental, agency or bureau 

administrative functions or headquarters, regional or central operations shall be presented in annual budget justifications and subject 

to approval by the Committees on Appropriations. Changes to such 

estimates shall be presented to the Committees on Appropriations 

for approval. 
H. R. 2361—52

SEC. 406. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government except pursuant to a transfer made 

by, or transfer provided in, this Act or any other Act. 

SEC. 407. None of the funds in this Act may be used to plan, 

prepare, or offer for sale timber from trees classified as giant 

sequoia (Sequoiadendron giganteum) which are located on National 

Forest System or Bureau of Land Management lands in a manner 

different than such sales were conducted in fiscal year 2005. 

SEC. 408. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall 

be obligated or expended to accept or process applications for a 

patent for any mining or mill site claim located under the general 

mining laws. 

(b) EXCEPTIONS.—The provisions of subsection (a) shall not 

apply if the Secretary of the Interior determines that, for the 

claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements 

established under sections 2325 and 2326 of the Revised Statutes 

(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 

2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 

and 37) for placer claims, and section 2337 of the Revised Statutes 

(30 U.S.C. 42) for mill site claims, as the case may be, were 

fully complied with by the applicant by that date. 

(c) REPORT.—On September 30, 2006, the Secretary of the 

Interior shall file with the House and Senate Committees on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources 

of the Senate a report on actions taken by the Department under 

the plan submitted pursuant to section 314(c) of the Department 

of the Interior and Related Agencies Appropriations Act, 1997 

(Public Law 104–208). 

(d) MINERAL EXAMINATIONS.—In order to process patent 

applications in a timely and responsible manner, upon the request 

of a patent applicant, the Secretary of the Interior shall allow 

the applicant to fund a qualified third-party contractor to be selected 

by the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management 

shall have the sole responsibility to choose and pay the thirdparty contractor in accordance with the standard procedures 

employed by the Bureau of Land Management in the retention 

of third-party contractors. 

SEC. 409. Notwithstanding any other provision of law, amounts 

appropriated to or earmarked in committee reports for the Bureau 

of Indian Affairs and the Indian Health Service by Public Laws 

103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106–113, 

106–291, 107–63, 108–7, 108–108, and 108–447 for payments to 

tribes and tribal organizations for contract support costs associated 

with self-determination or self-governance contracts, grants, compacts, or annual funding agreements with the Bureau of Indian 

Affairs or the Indian Health Service as funded by such Acts, are 

the total amounts available for fiscal years 1994 through 2005 

for such purposes, except that, for the Bureau of Indian Affairs, 

tribes and tribal organizations may use their tribal priority allocations for unmet contract support costs of ongoing contracts, grants, 

self-governance compacts or annual funding agreements. 
H. R. 2361—53

SEC. 410. The National Endowment for the Arts and the 

National Endowment for the Humanities are hereafter authorized 

to solicit, accept, receive, and invest in the name of the United 

States, gifts, bequests, or devises of money and other property 

or services and to use such in furtherance of the functions of 

the National Endowment for the Arts and the National Endowment 

for the Humanities. Any proceeds from such gifts, bequests, or 

devises, after acceptance by the National Endowment for the Arts 

or the National Endowment for the Humanities, shall be paid 

by the donor or the representative of the donor to the Chairman. 

The Chairman shall enter the proceeds in a special interest-bearing 

account to the credit of the appropriate endowment for the purposes 

specified in each case. 

SEC. 411. No part of any appropriation contained in this Act 

shall be expended or obligated to complete and issue the 5-year 

program under the Forest and Rangeland Renewable Resources 

Planning Act. 

SEC. 412. Section 3(a) of the Act of June 9, 1930 (commonly 

known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is 

amended—

(1) by striking ‘‘or’’ following ‘‘stand of timber,’’ in (3); 

and 

(2) by striking the period following ‘‘wildlife habitat 

management’’ in (4), and inserting ‘‘, or (5) watershed restoration, wildlife habitat improvement, control of insects, disease 

and noxious weeds, community protection activities, and the 

maintenance of forest roads, within the Forest Service region 

in which the timber sale occurred: Provided, That such activities 

may be performed through the use of contracts, forest product 

sales, and cooperative agreements.’’. 

SEC. 413. Amounts deposited during fiscal year 2005 in the 

roads and trails fund provided for in the 14th paragraph under 

the heading ‘‘FOREST SERVICE’’ of the Act of March 4, 1913 

(37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of 

Agriculture, without regard to the State in which the amounts 

were derived, to repair or reconstruct roads, bridges, and trails 

on National Forest System lands or to carry out and administer 

projects to improve forest health conditions, which may include 

the repair or reconstruction of roads, bridges, and trails on National 

Forest System lands in the wildland-community interface where 

there is an abnormally high risk of fire. The projects shall emphasize reducing risks to human safety and public health and property 

and enhancing ecological functions, long-term forest productivity, 

and biological integrity. The projects may be completed in a subsequent fiscal year. Funds shall not be expended under this section 

to replace funds which would otherwise appropriately be expended 

from the timber salvage sale fund. Nothing in this section shall 

be construed to exempt any project from any environmental law. 

SEC. 414. Other than in emergency situations, none of the 

funds in this Act may be used to operate telephone answering 

machines during core business hours unless such answering 

machines include an option that enables callers to reach promptly 

an individual on-duty with the agency being contacted. 

SEC. 415. Prior to October 1, 2006, the Secretary of Agriculture 

shall not be considered to be in violation of subparagraph 6(f)(5)(A) 

of the Forest and Rangeland Renewable Resources Planning Act 

of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years 
H. R. 2361—54

have passed without revision of the plan for a unit of the National 

Forest System. Nothing in this section exempts the Secretary from 

any other requirement of the Forest and Rangeland Renewable 

Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 

law: Provided, That if the Secretary is not acting expeditiously 

and in good faith, within the funding available, to revise a plan 

for a unit of the National Forest System, this section shall be 

void with respect to such plan and a court of proper jurisdiction 

may order completion of the plan on an accelerated basis. 

SEC. 416. No timber sale in Region 10 shall be advertised 

if the indicated rate is deficit when appraised using a residual 

value approach that assigns domestic Alaska values for western 

redcedar. Program accomplishments shall be based on volume sold. 

Should Region 10 sell, in the current fiscal year, the annual average 

portion of the decadal allowable sale quantity called for in the 

current Tongass Land Management Plan in sales which are not 

deficit when appraised using a residual value approach that assigns 

domestic Alaska values for western redcedar, all of the western 

redcedar timber from those sales which is surplus to the needs 

of domestic processors in Alaska, shall be made available to 

domestic processors in the contiguous 48 United States at prevailing 

domestic prices. Should Region 10 sell, in the current fiscal year, 

less than the annual average portion of the decadal allowable 

sale quantity called for in the Tongass Land Management Plan 

in sales which are not deficit when appraised using a residual 

value approach that assigns domestic Alaska values for western 

redcedar, the volume of western redcedar timber available to 

domestic processors at prevailing domestic prices in the contiguous 

48 United States shall be that volume: (1) which is surplus to 

the needs of domestic processors in Alaska; and (2) is that percent 

of the surplus western redcedar volume determined by calculating 

the ratio of the total timber volume which has been sold on the 

Tongass to the annual average portion of the decadal allowable 

sale quantity called for in the current Tongass Land Management 

Plan. The percentage shall be calculated by Region 10 on a rolling 

basis as each sale is sold (for purposes of this amendment, a 

‘‘rolling basis’’ shall mean that the determination of how much 

western redcedar is eligible for sale to various markets shall be 

made at the time each sale is awarded). Western redcedar shall 

be deemed ‘‘surplus to the needs of domestic processors in Alaska’’ 

when the timber sale holder has presented to the Forest Service 

documentation of the inability to sell western redcedar logs from 

a given sale to domestic Alaska processors at a price equal to 

or greater than the log selling value stated in the contract. All 

additional western redcedar volume not sold to Alaska or contiguous 

48 United States domestic processors may be exported to foreign 

markets at the election of the timber sale holder. All Alaska yellow 

cedar may be sold at prevailing export prices at the election of 

the timber sale holder. 

SEC. 417. No funds provided in this Act may be expended 

to conduct preleasing, leasing and related activities under either 

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 

boundaries of a National Monument established pursuant to the 

Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 

existed on January 20, 2001, except where such activities are 
H. R. 2361—55

allowed under the Presidential proclamation establishing such 

monument. 

SEC. 418. In entering into agreements with foreign countries 

pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 

1856m) the Secretary of Agriculture and the Secretary of the 

Interior are authorized to enter into reciprocal agreements in which 

the individuals furnished under said agreements to provide wildfire 

services are considered, for purposes of tort liability, employees 

of the country receiving said services when the individuals are 

engaged in fire suppression: Provided, That the Secretary of Agriculture or the Secretary of the Interior shall not enter into any 

agreement under this provision unless the foreign country (either 

directly or through its fire organization) agrees to assume any 

and all liability for the acts or omissions of American firefighters 

engaged in firefighting in a foreign country: Provided further, That 

when an agreement is reached for furnishing fire fighting services, 

the only remedies for acts or omissions committed while fighting 

fires shall be those provided under the laws of the host country, 

and those remedies shall be the exclusive remedies for any claim 

arising out of fighting fires in a foreign country: Provided further,

That neither the sending country nor any legal organization associated with the firefighter shall be subject to any legal action whatsoever pertaining to or arising out of the firefighter’s role in fire 

suppression. 

SEC. 419. Notwithstanding any other provision of law or regulation, to promote the more efficient use of the health care funding 

allocation for fiscal year 2006, the Eagle Butte Service Unit of 

the Indian Health Service, at the request of the Cheyenne River 

Sioux Tribe, may pay base salary rates to health professionals 

up to the highest grade and step available to a physician, pharmacist, or other health professional and may pay a recruitment 

or retention bonus of up to 25 percent above the base pay rate. 

SEC. 420. In awarding a Federal contract with funds made 

available by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the 

Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating 

bids and proposals, give consideration to local contractors who are 

from, and who provide employment and training for, dislocated 

and displaced workers in an economically disadvantaged rural 

community, including those historically timber-dependent areas 

that have been affected by reduced timber harvesting on Federal 

lands and other forest-dependent rural communities isolated from 

significant alternative employment opportunities: Provided, That 

notwithstanding Federal Government procurement and contracting 

laws the Secretaries may award contracts, grants or cooperative 

agreements to local non-profit entities, Youth Conservation Corps 

or related partnerships with State, local or non-profit youth groups, 

or small or micro-business or disadvantaged business: Provided 

further, That the contract, grant, or cooperative agreement is for 

forest hazardous fuels reduction, watershed or water quality monitoring or restoration, wildlife or fish population monitoring, or 

habitat restoration or management: Provided further, That the 

terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall 

have the same meanings as in section 2374 of Public Law 101–

624: Provided further, That the Secretaries shall develop guidance 

to implement this section: Provided further, That nothing in this 

section shall be construed as relieving the Secretaries of any duty 
H. R. 2361—56

under applicable procurement laws, except as provided in this section. 

SEC. 421. No funds appropriated in this Act for the acquisition 

of lands or interests in lands may be expended for the filing of 

declarations of taking or complaints in condemnation without the 

approval of the House and Senate Committees on Appropriations: 

Provided, That this provision shall not apply to funds appropriated 

to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance 

to the State of Florida to acquire lands for Everglades restoration 

purposes. 

SEC. 422. (a) LIMITATION ON COMPETITIVE SOURCING STUDIES.—

(1) Of the funds made available by this or any other Act 

to the Department of the Interior for fiscal year 2006, not 

more than $3,450,000 may be used by the Secretary of the 

Interior to initiate or continue competitive sourcing studies 

in fiscal year 2006 for programs, projects, and activities for 

which funds are appropriated by this Act until such time as 

the Secretary concerned submits a reprogramming proposal 

to the Committees on Appropriations of the Senate and the 

House of Representatives, and such proposal has been processed 

consistent with the reprogramming guidelines included in the 

report accompanying this Act. 

(2) Of the funds appropriated by this Act, not more than 

$3,000,000 may be used in fiscal year 2006 for competitive 

sourcing studies and related activities by the Forest Service. 

(b) COMPETITIVE SOURCING STUDY DEFINED.—In this section, 

the term ‘‘competitive sourcing study’’ means a study on subjecting 

work performed by Federal Government employees or private contractors to public-private competition or on converting the Federal 

Government employees or the work performed by such employees 

to private contractor performance under the Office of Management 

and Budget Circular A–76 or any other administrative regulation, 

directive, or policy. 

(c) COMPETITIVE SOURCING EXEMPTION FOR FOREST SERVICE

STUDIES CONDUCTED PRIOR TO FISCAL YEAR 2006.—The Forest 

Service is hereby exempted from implementing the Letter of Obligation and post-competition accountability guidelines where a competitive sourcing study involved 65 or fewer full-time equivalents, the 

performance decision was made in favor of the agency provider; 

no net savings was achieved by conducting the study, and the 

study was completed prior to the date of this Act. 

(d) In preparing any reports to the Committees on Appropriations on competitive sourcing activities, agencies funded in this 

Act shall include the incremental cost directly attributable to conducting the competitive sourcing competitions, including costs 

attributable to paying outside consultants and contractors and, 

in accordance with full cost accounting principles, all costs attributable to developing, implementing, supporting, managing, monitoring, and reporting on competitive sourcing, including personnel, 

consultant, travel, and training costs associated with program 

management. 

(e) In carrying out any competitive sourcing study involving 

Forest Service employees, the Secretary of Agriculture shall—

(1) determine whether any of the employees concerned 

are also qualified to participate in wildland fire management 

activities; and 
H. R. 2361—57

(2) take into consideration the effect that contracting with 

a private sector source would have on the ability of the Forest 

Service to effectively and efficiently fight and manage wildfires. 

SEC. 423. None of the funds in this Act or prior Acts making 

appropriations for the Department of the Interior and Related Agencies may be provided to the managing partners or their agents 

for the SAFECOM or Disaster Management projects. 

SEC. 424. (a) IN GENERAL.—An entity that enters into a contract 

with the United States to operate the National Recreation Reservation Service (as solicited by the solicitation numbered WO–04–

06vm) shall not carry out any duties under the contract using: 

(1) a contact center located outside the United States; 

or 

(2) a reservation agent who does not live in the United 

States. 

(b) NO WAIVER.—The Secretary of Agriculture may not waive 

the requirements of subsection (a). 

(c) TELECOMMUTING.—A reservation agent who is carrying out 

duties under the contract described in subsection (a) may not telecommute from a location outside the United States. 

(d) LIMITATIONS.—Nothing in this Act shall be construed to 

apply to any employee of the entity who is not a reservation agent 

carrying out the duties under the contract described in subsection 

(a) or who provides managerial or support services. 

SEC. 425. Section 331 of the Department of the Interior and 

Related Agencies Appropriations Act, 2000 (as enacted into law 

by section 1000(a)(3) of Public Law 106–113; 113 Stat. 1501A–

196; 16 U.S.C. 497 note), as amended, is amended—

(1) in subsection (a) by striking ‘‘2005’’ and inserting ‘‘2006’’; 

and 

(2) in subsection (b) by striking ‘‘2005’’ and inserting ‘‘2006’’. 

SEC. 426. Section 321 of the Department of the Interior and 

Related Agencies Appropriations Act, 2003 (division F of Public 

Law 108–7; 117 Stat. 274; 16 U.S.C. 565a–1 note) is amended 

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

2007’’. 

SEC. 427. Section 5 of the Arts and Artifacts Indemnity Act 

(20 U.S.C. 974) is amended—

(1) in subsection (b), by striking ‘‘$8,000,000,000’’ and 

inserting ‘‘$10,000,000,000’’; and 

(2) in subsection (c), by striking ‘‘$600,000,000’’ and 

inserting ‘‘$1,200,000,000’’. 

SEC. 428. Section 330 of the Department of the Interior and 

Related Agencies Appropriations Act, 2001 (Public Law 106–291; 

114 Stat. 996; 43 U.S.C. 1701 note), is amended—

(1) in the first sentence, by striking ‘‘2005’’ and inserting 

‘‘2008’’; 

(2) in the first sentence by striking ‘‘may pilot test agencywide joint permitting and leasing programs’’ and inserting after 

‘‘Congress,’’ the following: ‘‘may establish pilot programs 

involving the land management agencies referred to in this 

section to conduct projects, planning, permitting, leasing, contracting and other activities, either jointly or on behalf of one 

another; may co-locate in Federal offices and facilities leased 

by an agency of either Department;’’; 
H. R. 2361—58

(3) in the third sentence, by inserting ‘‘, National Park 

Service, Fish and Wildlife Service,’’ after ‘‘Bureau of Land 

Management’’; and 

(4) by adding at the end the following new sentence: ‘‘To 

facilitate the sharing of resources under the Service First initiative, the Secretaries of the Interior and Agriculture may make 

transfers of funds and reimbursement of funds on an annual 

basis, including transfers and reimbursements for multi-year 

projects, except that this authority may not be used to circumvent requirements and limitations imposed on the use of 

funds.’’. 

SEC. 429. The Secretary of Agriculture may acquire, by 

exchange or otherwise, a parcel of real property, including improvements thereon, of the Inland Valley Development Agency of San 

Bernardino, California, or its successors and assigns, generally comprising Building No. 3 and Building No. 4 of the former Defense 

Finance and Accounting Services complex located at the southwest 

corner of Tippecanoe Avenue and Mill Street in San Bernardino, 

California, adjacent to the former Norton Air Force Base. As full 

consideration for the property to be acquired, the Secretary of 

Agriculture may terminate the leasehold rights of the United States 

received pursuant to section 8121(a)(2) of the Department of Defense 

Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 999). 

The acquisition of the property shall be on such terms and conditions as the Secretary of Agriculture considers appropriate and 

may be carried out without appraisals, environmental or administrative surveys, consultations, analyses, or other considerations of 

the condition of the property. 

SEC. 430. None of the funds in this Act may be used to prepare 

or issue a permit or lease for oil or gas drilling in the Finger 

Lakes National Forest, New York, during fiscal year 2006. 

SEC. 431. (a) IN GENERAL.—

(1) The Secretary of Agriculture and the Secretary of the 

Interior are authorized to make grants to the Eastern Nevada 

Landscape Coalition for the study and restoration of rangeland 

and other lands in Nevada’s Great Basin in order to help 

assure the reduction of hazardous fuels and for related purposes. 

(2) Notwithstanding 31 U.S.C. 6301–6308, the Director of 

the Bureau of Land Management may enter into a cooperative 

agreement with the Eastern Nevada Landscape Coalition for 

the Great Basin Restoration Project, including hazardous fuels 

and mechanical treatments and related work. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section. 

SEC. 432. (a) Section 108(g) of the Valles Caldera Preservation 

Act (16 U.S.C. 698v–6(g)) is amended— 

(1) in the first sentence, by striking ‘‘The Secretary’’ and 

inserting the following: 

‘‘(1) LAW ENFORCEMENT.— 

‘‘(A) IN GENERAL.—The Secretary’’; 

(2) in the second sentence, by striking ‘‘The Trust’’ and 

inserting the following: 

‘‘(B) FEDERAL AGENCY.—The Trust’’; and 
H. R. 2361—59

(3) by striking ‘‘At the request of the Trust’’ and all that 

follows through the end of the subsection and inserting the 

following: 

‘‘(2) FIRE MANAGEMENT.— 

‘‘(A) NON-REIMBURSABLE SERVICES.— 

‘‘(i) DEVELOPMENT OF PLAN.—Subject to the availability of appropriations under section 111(a), the Secretary shall, in consultation with the Trust, develop 

a plan to carry out fire preparedness, suppression, 

and emergency rehabilitation services on the Preserve. 

‘‘(ii) CONSISTENCY WITH MANAGEMENT PROGRAM.—

The plan shall be consistent with the management 

program developed pursuant to subsection (d). 

‘‘(iii) COOPERATIVE AGREEMENT.—To the extent 

generally authorized at other units of the National 

Forest System, the Secretary shall provide the services 

to be carried out pursuant to the plan under a cooperative agreement entered into between the Secretary and 

the Trust. 

‘‘(B) REIMBURSABLE SERVICES.—To the extent generally 

authorized at other units of the National Forest System 

and subject to the availability of appropriations under section 111(a), the Secretary shall provide presuppression and 

nonemergency rehabilitation and restoration services for 

the Trust at any time on a reimbursable basis.’’. 

(b) The amendments made by subsection (a) take effect as 

of January 1, 2005. 

SEC. 433. None of the funds made available to the Forest 

Service under this Act shall be expended or obligated for the demolition of buildings at the Zephyr Shoals property, Lake Tahoe, 

Nevada. 

SEC. 434. Section 323(a) of the Department of the Interior 

and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011 

note; as contained in section 101(e) of Public Law 105–277), is 

amended by striking ‘‘fiscal year 1999’’ and all that follows through 

‘‘2005’’ and inserting ‘‘each of fiscal years 2006 through 2011’’. 

SEC. 435. CONGRESSIONAL SECURITY RELATING TO CERTAIN

REAL PROPERTY. (a) IN GENERAL.—Except as provided under subsection (b)—

(1) the District of Columbia Board of Zoning Adjustments 

and the District of Columbia Zoning Commission may not take 

any action to grant any variance relating to the property located 

at 51 Louisiana Avenue NW, Square 631, Lot 17 in the District 

of Columbia; and 

(2) if any variance described under paragraph (1) is granted 

before the effective date of this section, such variance shall 

be set aside and shall have no force or effect. 

(b) CONDITIONS FOR VARIANCE.—A variance described under 

subsection (a) may be granted or shall be given force or effect 

if—

(1) the Capitol Police Board makes a determination that 

any such variance shall not—

(A) negatively impact congressional security; and 

(B) increase Federal expenditures relating to congressional security; 
H. R. 2361—60

(2) the Majority and Minority Leaders of the Senate and 

the Speaker and Minority Leader of the House of Representatives approve such determination; and 

(3) the Capitol Police Board certifies the determination 

in writing to the District of Columbia Board of Zoning Adjustments and the District of Columbia Zoning Commission. 

(c) EFFECTIVE DATE.—This section shall take effect on the date 

of enactment of this Act and apply to the remaining portion of 

the fiscal year in which enacted and each fiscal year thereafter. 

SEC. 436. WISCONSIN NATIONAL FOREST ACQUISITION. (a) 

PROSPECTIVE MANAGEMENT REQUIREMENTS.—The Secretary of Agriculture is authorized to acquire property located within Sections 

1 and 2, Township 44 North, Range 4 West; Section 31, Township 

45 North, Range 3 West; and Section 36, Township 45 North, 

Range 4 West; Fourth Principal Meridian, Ashland County, State 

of Wisconsin, and upon such acquisition, such lands shall be subject 

to the special management requirements of subsection (b). 

(b) SPECIAL MANAGEMENT.—Subject to valid existing rights of 

record, upon acquisition by the Secretary of Agriculture of any 

land referenced in subsection (a), that area of the land encompassed 

within 300 feet of the ordinary high water mark of the Brunsweiler 

River or Beaverdam Lake, whether or not the waterways are 

impounded, shall be subject to the laws and regulations pertaining 

to the National Forest System with the following management 

emphasis: 

(1) Enhancing the physical, biological, and cultural features 

and values for public use, interpretation, research, and monitoring; 

(2) Maintenance of the natural character of Brunsweiler 

River, whether or not impounded; and 

(3) Prohibition of structures, motorized use of trails, developed recreation facilities, and surface occupancy for mineral 

exploration or extraction. 

(c) NATIONAL FOREST BOUNDARIES.—Without further action by 

the Secretary of Agriculture, the boundaries of the Chequamegon 

National Forest are hereby expanded to encompass the lands referenced in subsection (a). 

(d) SAVINGS PROVISION.—Nothing in this section shall be construed to prohibit the maintenance or reconstruction of the existing 

dam on the Brunsweiler River, located within the area referenced 

in subsection (a). 

SEC. 437. In addition to amounts provided to the Department 

of the Interior in this Act, $5,000,000 is provided for a grant 

to Kendall County, Illinois. 

SEC. 438. Section 344 of the Department of the Interior and 

Related Agencies Appropriations Act, 2005 as contained in division 

E of the Consolidated Appropriations Act, 2005 (Public Law 108–

447) is amended as follows: 

(1) by striking ‘‘seven’’, ‘‘14910001,’’, and ‘‘, 14913007, and 

14913008’’; 

(2) by inserting ‘‘and’’ after ‘‘14913005,’’; and 

(3) by striking all after ‘‘(2)’’ and inserting ‘‘immediately 

transfer to the Alaska SeaLife Center for various acquisitions, 

waterfront improvements and facilities that complement the 

new Federal facility, any remaining balance of previously appropriated funds.’’. 
H. R. 2361—61

SEC. 439. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby 

rescinded an amount equal to 0.476 percent of the budget authority 

provided for fiscal year 2006 for any discretionary appropriation 

in titles I through IV of this Act. 

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—

(1) to each discretionary account and each item of budget 

authority described in subsection (a); and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities 

as delineated in the appropriation Act or accompanying reports 

for the relevant fiscal year covering such account or item, 

or for accounts and items not included in appropriation Acts, 

as delineated in the most recently submitted President’s 

budget). 

(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the 

heading ‘‘Bureau of Indian Affairs, Indian Land and Water Claim 

Settlements and Miscellaneous Payments to Indians’’, the acrossthe-board rescission in this section, and any subsequent acrossthe-board rescission for fiscal year 2006, shall apply only to the 

first dollar amount in the paragraph and the distribution of the 

rescission shall be at the discretion of the Secretary of the Interior 

who shall submit a report on such distribution and the rationale 

therefor to the House and Senate Committees on Appropriations. 

TITLE V—FOREST SERVICE FACILITY 

REALIGNMENT AND ENHANCEMENT 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Forest Service Facility Realignment and Enhancement Act of 2005’’. 

SEC. 502. DEFINITIONS. 

In this title: 

(1) ADMINISTRATIVE SITE.—The term ‘‘administrative site’’ 

means—

(A) any facility or improvement, including curtilage, 

that was acquired or is used specifically for purposes of 

administration of the National Forest System; 

(B) any Federal land associated with a facility or 

improvement described in subparagraph (A) that was 

acquired or is used specifically for purposes of administration of Forest Service activities and underlies or abuts 

the facility or improvement; or 

(C) not more than 10 isolated, undeveloped parcels 

per fiscal year of not more than 40 acres each that were 

acquired or used for purposes of administration of Forest 

Service activities, but are not being so utilized, such as 

vacant lots outside of the proclaimed boundary of a unit 

of the National Forest System. 

(2) FACILITY OR IMPROVEMENT.—The term ‘‘facility or 

improvement’’ includes—

(A) a forest headquarters; 

(B) a ranger station; 

(C) a research station or laboratory; 

(D) a dwelling; 
H. R. 2361—62

(E) a warehouse; 

(F) a scaling station; 

(G) a fire-retardant mixing station; 

(H) a fire-lookout station; 

(I) a guard station; 

(J) a storage facility; 

(K) a telecommunication facility; and 

(L) other administrative installations for conducting 

Forest Service activities. 

(3) MARKET ANALYSIS.—The term ‘‘market analysis’’ means 

the identification and study of the real estate market for a 

particular economic good or service. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Agriculture. 

SEC. 503. AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE 

ADMINISTRATIVE SITES. 

(a) CONVEYANCES AUTHORIZED.—In the manner provided by 

this title, the Secretary may convey an administrative site, or 

an interest in an administrative site, that is under the jurisdiction 

of the Secretary. 

(b) MEANS OF CONVEYANCE.—The conveyance of an administrative site under this title may be made—

(1) by sale; 

(2) by lease; 

(3) by exchange; 

(4) by a combination of sale and exchange; or 

(5) by such other means as the Secretary considers appropriate. 

(c) SIZE OF CONVEYANCE.—An administrative site or compound 

of administrative sites disposed of in a single conveyance under 

this title may not exceed 40 acres. 

(d) CERTAIN LANDS EXCLUDED.—The following Federal land 

may not be conveyed under this title: 

(1) Any land within a unit of the National Forest System 

that is exclusively designated for natural area or recreational 

purposes. 

(2) Any land included within the National Wilderness 

Preservation System, the Wild and Scenic River System, or 

a National Monument. 

(3) Any land that the Secretary determines—

(A) is needed for resource management purposes or 

to provide access to other land or water; 

(B) is surrounded by National Forest System land or 

other publicly owned land, if conveyance would not be 

in the public interest due to the creation of a non-Federal 

inholding that would preclude the efficient management 

of the surrounding land; or 

(C) would be in the public interest to retain. 

(e) CONGRESSIONAL NOTIFICATIONS.—

(1) NOTICE OF ANTICIPATED USE OF AUTHORITY.—As part 

of the annual budget justification documents provided to the 

Committee on Appropriations of the House of Representatives 

and the Committee on Appropriations of the Senate, the Secretary shall include—

(A) a list of the anticipated conveyances to be made, 

including the anticipated revenue that may be obtained, 
H. R. 2361—63

using the authority provided by this title or other conveyance authorities available to the Secretary; 

(B) a discussion of the intended purposes of any new 

revenue obtained using this authority or other conveyance 

authorities available to the Secretary, and a list of any 

individual projects that exceed $500,000; and 

(C) a presentation of accomplishments of previous years 

using this authority or other conveyance authorities available to the Secretary. 

(2) NOTICE OF CHANGES TO CONVEYANCE LIST.—If the Secretary proposes to convey an administrative site under this 

title or using other conveyance authorities available to the 

Secretary and the administrative site is not included on a 

list provided under paragraph (1)(A), the Secretary shall submit 

to the congressional committees specified in paragraph (3) written notice of the proposed conveyance, including the anticipated 

revenue that may be obtained from the conveyance. 

(3) NOTICE OF USE OF AUTHORITY.—At least once a year, 

the Secretary shall submit to the Committee on Agriculture, 

the Committee on Appropriations, and the Committee on 

Resources of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry, the Committee on 

Appropriations, and the Committee on Energy and Natural 

Resources of the Senate a report containing a description of 

all conveyances of National Forest System land made by the 

Secretary under this title or other conveyance authorities 

during the period covered by the report. 

(f) DURATION OF AUTHORITY.—The authority of the Secretary 

to initiate the conveyance of an administrative site under this 

title expires on September 30, 2008. 

(g) REPEAL OF PILOT CONVEYANCE AUTHORITY.—Effective September 30, 2006, section 329 of the Department of the Interior 

and Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d 

note; Public Law 107–63), is repealed. Notwithstanding the repeal 

of such section, the Secretary may complete the conveyance under 

such section of any administrative site whose conveyance was initiated under such section before that date. 

SEC. 504. CONVEYANCE REQUIREMENTS. 

(a) CONFIGURATION OF ADMINISTRATIVE SITES.— (1) CONFIGURATION.—To facilitate the conveyance of an 

administrative site under this title, the Secretary may configure 

the administrative site—

(A) to maximize the marketability of the administrative 

site; and 

(B) to achieve management objectives. 

(2) SEPARATE TREATMENT OF FACILITY OR IMPROVEMENT.—

A facility or improvement on an administrative site to be conveyed under this title may be severed from the land and disposed of in a separate conveyance. 

(3) RESERVATION OF INTERESTS.—In conveying an administrative site under this title, the Secretary may reserve such 

right, title, and interest in and to the administrative site as 

the Secretary determines to be necessary. 

(b) CONSIDERATION.— (1) CONSIDERATION REQUIRED.—A person or entity 

acquiring an administrative site under this title shall provide 
H. R. 2361—64

to the Secretary consideration in an amount that is at least 

equal to the market value of the administrative site. 

(2) FORM OF CONSIDERATION.—

(A) SALE.—Consideration for an administrative site 

conveyed by sale under this title shall be paid in cash 

on conveyance of the administrative site. 

(B) EXCHANGE.—If the administrative site is conveyed 

by exchange, the consideration shall be provided in the 

form of a conveyance to the Secretary of land or improvements that are equal in market value to the conveyed 

administrative site. If the market values are not equal, 

the market values may be equalized by—

(i) the Secretary making a cash payment to the 

person or entity acquiring the administrative site; or 

(ii) the person or entity acquiring the administrative site making a cash equalization payment to the 

Secretary. 

(c) DETERMINATION OF MARKET VALUE.—The Secretary shall 

determine the market value of an administrative site to be conveyed 

under this title or of non-Federal land or improvements to be 

provided as consideration in exchange for an administrative site—

(1) by conducting an appraisal that is performed in accordance with—

(A) the Uniform Appraisal Standards for Federal Land 

Acquisitions, established in accordance with the Uniform 

Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and 

(B) the Uniform Standards of Professional Appraisal 

Practice; or 

(2) by competitive sale. 

(d) RELATION TO OTHER LAWS.—

(1) FEDERAL PROPERTY DISPOSAL.—Subchapter I of chapter 

5 of title 40, United States Code, shall not apply to the conveyance of an administrative site under this title. 

(2) LAND EXCHANGES.—Section 206 of the Federal Land 

Policy and Management Act (43 U.S.C. 1716) shall not apply 

to the conveyance of an administrative site under this title 

carried out by means of an exchange or combination of sale 

and exchange. 

(3) LEAD-BASED PAINT AND ASBESTOS ABATEMENT.—Notwithstanding any provision of law relating to the mitigation 

or abatement of lead-based paint or asbestos-containing 

building materials, the Secretary is not required to mitigate 

or abate lead-based paint or asbestos-containing building materials with respect to an administrative site to be conveyed 

under this title. However, if the administrative site has leadbased paint or asbestos-containing building materials, the Secretary shall—

(A) provide notice to the person or entity acquiring 

the administrative site of the presence of the lead-based 

paint or asbestos-containing building material; and 

(B) obtain written assurance from the person or entity 

acquiring the administrative site that the person or entity 

will comply with applicable Federal, State, and local laws 

relating to the management of the lead-based paint and 

asbestos-containing building materials. 
H. R. 2361—65

(4) ENVIRONMENTAL REVIEW.—The National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to 

the conveyance of administrative sites under this title, except 

that, in any environmental review or analysis required under 

such Act for the conveyance of an administrative site under 

this title, the Secretary is only required to—

(A) analyze the most reasonably foreseeable use of 

the administrative site, as determined through a market 

analysis; 

(B) determine whether or not to reserve any right, 

title, or interest in the administrative site under subsection 

(a)(3); and 

(C) evaluate the alternative of not conveying the 

administrative site, consistent with the National Environmental Policy Act of 1969. 

(e) REJECTION OF OFFERS.—The Secretary shall reject any offer 

made for the acquisition of an administrative site under this title 

if the Secretary determines that the offer is—

(1) not adequate to cover the market value of the administrative site; or 

(2) not otherwise in the public interest. 

(f) CONSULTATION AND PUBLIC NOTICE.—As appropriate, the 

Secretary is encouraged to work with the Administrator of the 

General Services Administration with respect to the conveyance 

of administrative sites under this title. Before making an administrative site available for conveyance under this title, the Secretary 

shall consult with local governmental officials of the community 

in which the administrative site is located and provide public notice 

of the proposed conveyance. 

SEC. 505. DISPOSITION OF PROCEEDS RECEIVED FROM ADMINISTRATIVE SITE CONVEYANCES. 

(a) DEPOSIT.—The Secretary shall deposit in the fund established under Public Law 90–171 (commonly known as the Sisk 

Act; 16 U.S.C. 484a) all of the proceeds from the conveyance of 

an administrative site under this title. 

(b) USE.—Amounts deposited under paragraph (1) shall be 

available to the Secretary, until expended and without further 

appropriation, to pay any necessary and incidental costs incurred 

by the Secretary in connection with—

(1) the acquisition, improvement, maintenance, reconstruction, or construction of a facility or improvement for the 

National Forest System; and 

(2) the conveyance of administrative sites under this title, 

including costs described in subsection (c). 

(c) BROKERAGE SERVICES.—The Secretary may use the proceeds 

from the conveyance of an administrative site under this title to 

pay reasonable commissions or fees for brokerage services obtained 

in connection with the conveyance if the Secretary determines that 

the services are in the public interest. The Secretary shall provide 

public notice of any brokerage services contract entered into in 

connection with a conveyance under this title. 

TITLE VI—VETERANS HEALTH CARE 

SEC. 601. From any money in the Treasury not otherwise 

appropriated, there is appropriated to the Department of Veterans 

Affairs an additional amount for ‘‘Medical Services’’ of 
H. R. 2361—66

$1,500,000,000, to be available for obligation upon enactment of 

this Act and to remain available until September 30, 2006. 

This Act may be cited as the ‘‘Department of the Interior, 

Environment, and Related Agencies Appropriations Act, 2006’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.