II 

Calendar No. 695 

108TH CONGRESS 

2D SESSION S. 2804 

[Report No. 108–341] 

Making appropriations for the Department of the Interior and related agencies 

for the fiscal year ending September 30, 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 14, 2004 

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

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Department of the Interior 

and related agencies for the fiscal year ending September 

30, 2005, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior and related agencies for the 

6 fiscal year ending September 30, 2005, and for other pur7 poses, namely: 
2 

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1 TITLE I—DEPARTMENT OF THE INTERIOR 

2 BUREAU OF LAND MANAGEMENT

3 MANAGEMENT OF LANDS AND RESOURCES

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

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

10 of the Bureau of Land Management, including the general 

11 administration of the Bureau, and assessment of mineral 

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

13 (16 U.S.C. 3150(a)), $855,689,000, to remain available 

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

15 projects, to be carried out by the Youth Conservation 

16 Corps; $4,000,000 is for assessment of the mineral poten17 tial of public lands in Alaska pursuant to section 1010 

18 of Public Law 96–487; (16 U.S.C. 3150); and of which 

19 not to exceed $1,000,000 shall be derived from the special 

20 receipt account established by the Land and Water Con21 servation Act of 1965, as amended (16 U.S.C. 460l–6a(i)); 

22 and of which $3,000,000 shall be available in fiscal year 

23 2005 subject to a match by at least an equal amount by 

24 the National Fish and Wildlife Foundation for cost-shared 

25 projects supporting conservation of Bureau lands; and 
3 

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1 such funds shall be advanced to the Foundation as a lump 

2 sum grant without regard to when expenses are incurred. 

3 In addition, $32,696,000 is for Mining Law Adminis4 tration program operations, including the cost of admin5 istering the mining claim fee program; to remain available 

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

7 Bureau and credited to this appropriation from annual 

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

9 estimated at not more than $855,689,000; and 

10 $2,000,000, to remain available until expended, from com11 munication site rental fees established by the Bureau for 

12 the cost of administering communication site activities: 

13 Provided, That appropriations herein made shall not be 

14 available for the destruction of healthy, unadopted, wild 

15 horses and burros in the care of the Bureau. 

16 WILDLAND FIRE MANAGEMENT

17 For necessary expenses for fire preparedness, sup18 pression operations, fire science and research, emergency 

19 rehabilitation, hazardous fuels reduction, and rural fire as20 sistance by the Department of the Interior, $743,099,000, 

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

22 $12,374,000 shall be for the renovation or construction 

23 of fire facilities: Provided, That such funds are also avail24 able for repayment of advances to other appropriation ac25 counts from which funds were previously transferred for 

26 such purposes: Provided further, That persons hired pur-
4 

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1 suant to 43 U.S.C. 1469 may be furnished subsistence and 

2 lodging without cost from funds available from this appro3 priation: Provided further, That notwithstanding 42 

4 U.S.C. 1856d, sums received by a bureau or office of the 

5 Department of the Interior for fire protection rendered 

6 pursuant to 42 U.S.C. 1856 et seq., protection of United 

7 States property, may be credited to the appropriation from 

8 which funds were expended to provide that protection, and 

9 are available without fiscal year limitation: Provided fur10 ther, That using the amounts designated under this title 

11 of this Act, the Secretary of the Interior may enter into 

12 procurement contracts, grants, or cooperative agreements, 

13 for hazardous fuels reduction activities, and for training 

14 and monitoring associated with such hazardous fuels re15 duction activities, on Federal land, or on adjacent non16 Federal land for activities that benefit resources on Fed17 eral land: Provided further, That the costs of implementing 

18 any cooperative agreement between the Federal Govern19 ment and any non-Federal entity may be shared, as mutu20 ally agreed on by the affected parties: Provided further, 

21 That notwithstanding requirements of the Competition in 

22 Contracting Act, the Secretary, for purposes of hazardous 

23 fuels reduction activities, may obtain maximum prac24 ticable competition among: (A) local private, nonprofit, or 

25 cooperative entities; (B) Youth Conservation Corps crews 
5 

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1 or related partnerships with state, local, or non-profit 

2 youth groups; (C) small or micro-businesses; or (D) other 

3 entities that will hire or train locally a significant percent4 age, defined as 50 percent or more, of the project work5 force to complete such contracts: Provided further, That 

6 in implementing this section, the Secretary shall develop 

7 written guidance to field units to ensure accountability 

8 and consistent application of the authorities provided here9 in: Provided further, That funds appropriated under this 

10 head may be used to reimburse the United States Fish 

11 and Wildlife Service and the National Marine Fisheries 

12 Service for the costs of carrying out their responsibilities 

13 under the Endangered Species Act of 1973 (16 U.S.C. 

14 1531 et seq.) to consult and conference, as required by 

15 section 7 of such Act, in connection with wildland fire 

16 management activities: Provided further, That the Sec17 retary of the Interior may use wildland fire appropriations 

18 to enter into non-competitive sole source leases of real 

19 property with local governments, at or below fair market 

20 value, to construct capitalized improvements for fire facili21 ties on such leased properties, including but not limited 

22 to fire guard stations, retardant stations, and other initial 

23 attack and fire support facilities, and to make advance 

24 payments for any such lease or for construction activity 

25 associated with the lease: Provided further, That the Sec-
6 

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1 retary of the Interior and the Secretary of Agriculture 

2 may authorize the transfer of funds appropriated for 

3 wildland fire management, in an aggregate amount not to 

4 exceed $12,000,000, between the Departments when such 

5 transfers would facilitate and expedite jointly funded 

6 wildland fire management programs and projects: Pro7 vided further, That funds provided for wildfire suppression 

8 shall be available for support of Federal emergency re9 sponse actions. 

10 CENTRAL HAZARDOUS MATERIALS FUND

11 For necessary expenses of the Department of the In12 terior and any of its component offices and bureaus for 

13 the remedial action, including associated activities, of haz14 ardous waste substances, pollutants, or contaminants pur15 suant to the Comprehensive Environmental Response, 

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

17 9601 et seq.), $9,855,000, to remain available until ex18 pended: Provided, That notwithstanding 31 U.S.C. 3302, 

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

20 as reimbursement for remedial action or response activi21 ties conducted by the Department pursuant to section 107 

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

23 to be available until expended without further appropria24 tion: Provided further, That such sums recovered from or 

25 paid by any party are not limited to monetary payments 

26 and may include stocks, bonds or other personal or real 
7 

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

2 disposed of by the Secretary and which shall be credited 

3 to this account. 

4 CONSTRUCTION

5 For construction of buildings, recreation facilities, 

6 roads, trails, and appurtenant facilities, $8,976,000, to re7 main available until expended. 

8 LAND ACQUISITION

9 For expenses necessary to carry out sections 205, 

10 206, and 318(d) of Public Law 94–579, including admin11 istrative expenses and acquisition of lands or waters, or 

12 interests therein, $22,850,000, to be derived from the 

13 Land and Water Conservation Fund and to remain avail14 able until expended. 

15 OREGON AND CALIFORNIA GRANT LANDS

16 For expenses necessary for management, protection, 

17 and development of resources and for construction, oper18 ation, and maintenance of access roads, reforestation, and 

19 other improvements on the revested Oregon and California 

20 Railroad grant lands, on other Federal lands in the Or21 egon and California land-grant counties of Oregon, and 

22 on adjacent rights-of-way; and acquisition of lands or in23 terests therein, including existing connecting roads on or 

24 adjacent to such grant lands; $113,558,000, to remain 

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

26 aggregate of all receipts during the current fiscal year 
8 

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1 from the revested Oregon and California Railroad grant 

2 lands is hereby made a charge against the Oregon and 

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

4 General Fund in the Treasury in accordance with the sec5 ond paragraph of subsection (b) of title II of the Act of 

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

7 FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

8 (REVOLVING FUND, SPECIAL ACCOUNT)

9 In addition to the purposes authorized in Public Law 

10 102–381, funds made available in the Forest Ecosystem 

11 Health and Recovery Fund can be used for the purpose 

12 of planning, preparing, implementing and monitoring sal13 vage timber sales and forest ecosystem health and recovery 

14 activities, such as release from competing vegetation and 

15 density control treatments. The Federal share of receipts 

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

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

18 1181f–1 et seq., and Public Law 106–393) derived from 

19 treatments funded by this account shall be deposited into 

20 the Forest Ecosystem Health and Recovery Fund. 

21 RANGE IMPROVEMENTS

22 For rehabilitation, protection, and acquisition of 

23 lands and interests therein, and improvement of Federal 

24 rangelands pursuant to section 401 of the Federal Land 

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

26 notwithstanding any other Act, sums equal to 50 percent 
9 

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1 of all moneys received during the prior fiscal year under 

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

3 315 et seq.) and the amount designated for range improve4 ments from grazing fees and mineral leasing receipts from 

5 Bankhead-Jones lands transferred to the Department of 

6 the Interior pursuant to law, but not less than 

7 $10,000,000, to remain available until expended: Pro8 vided, That not to exceed $600,000 shall be available for 

9 administrative expenses. 

10 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

11 For administrative expenses and other costs related 

12 to processing application documents and other authoriza13 tions for use and disposal of public lands and resources, 

14 for costs of providing copies of official public land docu15 ments, for monitoring construction, operation, and termi16 nation of facilities in conjunction with use authorizations, 

17 and for rehabilitation of damaged property, such amounts 

18 as may be collected under Public Law 94–579, as amend19 ed, and Public Law 93–153, to remain available until ex20 pended: Provided, That notwithstanding any provision to 

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

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

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

24 forfeiture, compromise, or settlement, if not appropriate 

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

26 U.S.C. 1735(c)), shall be available and may be expended 
10 

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1 under the authority of this Act by the Secretary to im2 prove, protect, or rehabilitate any public lands adminis3 tered through the Bureau of Land Management which 

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

5 purchaser, permittee, or any unauthorized person, without 

6 regard to whether all moneys collected from each such ac7 tion are used on the exact lands damaged which led to 

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

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

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

11 repair other damaged public lands. 

12 MISCELLANEOUS TRUST FUNDS

13 In addition to amounts authorized to be expended 

14 under existing laws, there is hereby appropriated such 

15 amounts as may be contributed under section 307 of the 

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

17 amounts as may be advanced for administrative costs, sur18 veys, appraisals, and costs of making conveyances of omit19 ted lands under section 211(b) of that Act, to remain 

20 available until expended. 

21 ADMINISTRATIVE PROVISIONS

22 Appropriations for the Bureau of Land Management 

23 shall be available for purchase, erection, and dismantle24 ment of temporary structures, and alteration and mainte25 nance of necessary buildings and appurtenant facilities to 

26 which the United States has title; up to $100,000 for pay-
11 

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1 ments, at the discretion of the Secretary, for information 

2 or evidence concerning violations of laws administered by 

3 the Bureau; miscellaneous and emergency expenses of en4 forcement activities authorized or approved by the Sec5 retary and to be accounted for solely on her certificate, 

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

7 U.S.C. 501, the Bureau may, under cooperative cost-shar8 ing and partnership arrangements authorized by law, pro9 cure printing services from cooperators in connection with 

10 jointly produced publications for which the cooperators 

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

12 and the Bureau determines the cooperator is capable of 

13 meeting accepted quality standards. 

14 UNITED STATES FISH AND WILDLIFE SERVICE

15 RESOURCE MANAGEMENT

16 For necessary expenses of the United States Fish and 

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

18 and economic studies, maintenance of the herd of long19 horned cattle on the Wichita Mountains Wildlife Refuge, 

20 general administration, and for the performance of other 

21 authorized functions related to such resources by direct 

22 expenditure, contracts, grants, cooperative agreements 

23 and reimbursable agreements with public and private enti24 ties, $966,265,000, to remain available until September 

25 30, 2006, except as otherwise provided herein: Provided, 
12 

S 2804 PCS 

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

2 be carried out by the Youth Conservation Corps: Provided 

3 further, That not to exceed $15,500,000 shall be used for 

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

5 4 of the Endangered Species Act, as amended, for species 

6 that are indigenous to the United States (except for proc7 essing petitions, developing and issuing proposed and final 

8 regulations, and taking any other steps to implement ac9 tions described in subsection (c)(2)(A), (c)(2)(B)(i), or 

10 (c)(2)(B)(ii)), of which not to exceed $11,400,000 shall 

11 be used for any activity regarding the designation of crit12 ical habitat, pursuant to subsection (a)(3), excluding liti13 gation support, for species listed pursuant to subsection 

14 (a)(1) prior to October 1, 2004: Provided further, That 

15 of the amount available for law enforcement, up to 

16 $400,000, to remain available until expended, may at the 

17 discretion of the Secretary be used for payment for infor18 mation, rewards, or evidence concerning violations of laws 

19 administered by the Service, and miscellaneous and emer20 gency expenses of enforcement activity, authorized or ap21 proved by the Secretary and to be accounted for solely on 

22 her certificate: Provided further, That of the amount pro23 vided for environmental contaminants, up to $1,000,000 

24 may remain available until expended for contaminant sam25 ple analyses. 
13 

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1 CONSTRUCTION

2 For construction, improvement, acquisition, or re3 moval of buildings and other facilities required in the con4 servation, management, investigation, protection, and uti5 lization of fishery and wildlife resources, and the acquisi6 tion of lands and interests therein; $37,136,000, to remain 

7 available until expended. 

8 LAND ACQUISITION

9 For expenses necessary to carry out the Land and 

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

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

13 therein, in accordance with statutory authority applicable 

14 to the United States Fish and Wildlife Service, 

15 $49,864,000, to be derived from the Land and Water Con16 servation Fund and to remain available until expended, 

17 of which $750,000 is for acquisition of lands for waterfowl 

18 habitat in the Yukon Flats National Wildlife Refuge, and 

19 the related conveyance of federal lands and interests in 

20 lands to Doyon, Limited, an Alaska Native Corporation 

21 organized pursuant to the Alaska Native Claims Settle22 ment Act: Provided, That the Secretary shall execute all 

23 necessary acquisition and exchange agreement documents 

24 in furtherance of this acquisition and exchange no later 

25 than December 31, 2004: Provided further, That the Sec26 retary is authorized to utilize without further appropria-
14 

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1 tion any revenues, fees and royalties received by the fed2 eral government from resource production, if any, on lands 

3 conveyed to Doyon pursuant to the exchange for land ac4 quisition within units of the National Wildlife Refuge Sys5 tem located within the State of Alaska and for an Alaska 

6 Native refuge management and conservation recruitment, 

7 education, and training program: Provided further, That 

8 none of the funds appropriated for specific land acquisi9 tion projects can be used to pay for any administrative 

10 overhead, planning or other management costs: Provided 

11 further, That none of the funds in this or any other Act 

12 may be used for the acquisition of land for inclusion in 

13 the Deep Fork National Wildlife Refuge. 

14 LANDOWNER INCENTIVE PROGRAM

15 For expenses necessary to carry out the Land and 

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

17 U.S.C. 460l–4 through 11), including administrative ex18 penses, and for private conservation efforts to be carried 

19 out on private lands, $29,000,000, to be derived from the 

20 Land and Water Conservation Fund, and to remain avail21 able until expended: Provided, That the amount provided 

22 herein is for a Landowner Incentive Program established 

23 by the Secretary that provides matching, competitively 

24 awarded grants to States, the District of Columbia, feder25 ally recognized Indian tribes, Puerto Rico, Guam, the 

26 United States Virgin Islands, the Northern Mariana Is-
15 

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1 lands, and American Samoa, to establish or supplement 

2 existing landowner incentive programs that provide tech3 nical and financial assistance, including habitat protection 

4 and restoration, to private landowners for the protection 

5 and management of habitat to benefit federally listed, pro6 posed, candidate, or other at-risk species on private lands. 

7 PRIVATE STEWARDSHIP GRANTS

8 For expenses necessary to carry out the Land and 

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

10 U.S.C. 460l–4 through 11), including administrative ex11 penses, and for private conservation efforts to be carried 

12 out on private lands, $7,500,000, to be derived from the 

13 Land and Water Conservation Fund, and to remain avail14 able until expended: Provided, That the amount provided 

15 herein is for a Stewardship Grants Program established 

16 by the Secretary to provide grants and other assistance 

17 to individuals and groups engaged in private conservation 

18 efforts that benefit federally listed, proposed, candidate, 

19 or other at-risk species. 

20 COOPERATIVE ENDANGERED SPECIES CONSERVATION

21 FUND

22 For expenses necessary to carry out section 6 of the 

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

24 as amended, $82,600,000, of which $32,600,000 is to be 

25 derived from the Cooperative Endangered Species Con26 servation Fund and $50,000,000 is to be derived from the 
16 

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1 Land and Water Conservation Fund and to remain avail2 able until expended. 

3 NATIONAL WILDLIFE REFUGE FUND

4 For expenses necessary to implement the Act of Octo5 ber 17, 1978 (16 U.S.C. 715s), $14,414,000. 

6 NORTH AMERICAN WETLANDS CONSERVATION FUND

7 For expenses necessary to carry out the provisions 

8 of the North American Wetlands Conservation Act, Public 

9 Law 101–233, as amended, $38,000,000, to remain avail10 able until expended. 

11 NEOTROPICAL MIGRATORY BIRD CONSERVATION

12 For financial assistance for projects to promote the 

13 conservation of neotropical migratory birds in accordance 

14 with the Neotropical Migratory Bird Conservation Act, 

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

16 to remain available until expended. 

17 MULTINATIONAL SPECIES CONSERVATION FUND

18 For expenses necessary to carry out the African Ele19 phant Conservation Act (16 U.S.C. 4201–4203, 4211– 

20 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele21 phant Conservation Act of 1997 (Public Law 105–96; 16 

22 U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva23 tion Act of 1994 (16 U.S.C. 5301–5306), and the Great 

24 Ape Conservation Act of 2000 (16 U.S.C. 6301), 

25 $5,700,000, to remain available until expended. 
17 

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1 STATE AND TRIBAL WILDLIFE GRANTS

2 For wildlife conservation grants to States and to the 

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

4 States Virgin Islands, the Northern Mariana Islands, 

5 American Samoa, and federally recognized Indian tribes 

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

7 and the Fish and Wildlife Coordination Act, for the devel8 opment and implementation of programs for the benefit 

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

10 hunted or fished, $75,000,000, to be derived from the 

11 Land and Water Conservation Fund, and to remain avail12 able until expended: Provided, That of the amount pro13 vided herein, $6,000,000 is for a competitive grant pro14 gram for Indian tribes not subject to the remaining provi15 sions of this appropriation: Provided further, That the Sec16 retary shall, after deducting said $6,000,000 and adminis17 trative expenses, apportion the amount provided herein in 

18 the following manner: (A) to the District of Columbia and 

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

20 to not more than one-half of 1 percent thereof; and (B) 

21 to Guam, American Samoa, the United States Virgin Is22 lands, and the Commonwealth of the Northern Mariana 

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

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

25 shall apportion the remaining amount in the following 
18 

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

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

3 area of all such States; and (B) two-thirds of which is 

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

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

6 further, That the amounts apportioned under this para7 graph shall be adjusted equitably so that no State shall 

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

9 amount available for apportionment under this paragraph 

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

11 Provided further, That the Federal share of planning 

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

13 such projects and the Federal share of implementation 

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

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

16 share of such projects may not be derived from Federal 

17 grant programs: Provided further, That no State, terri18 tory, or other jurisdiction shall receive a grant unless it 

19 has developed, or committed to develop by October 1, 

20 2005, a comprehensive wildlife conservation plan, con21 sistent with criteria established by the Secretary of the 

22 Interior, that considers the broad range of the State, terri23 tory, or other jurisdiction’s wildlife and associated habi24 tats, with appropriate priority placed on those species with 

25 the greatest conservation need and taking into consider-
19 

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1 ation the relative level of funding available for the con2 servation of those species: Provided further, That any 

3 amount apportioned in 2005 to any State, territory, or 

4 other jurisdiction that remains unobligated as of Sep5 tember 30, 2006, shall be reapportioned, together with 

6 funds appropriated in 2007, in the manner provided here7 in. 

8 ADMINISTRATIVE PROVISIONS

9 Appropriations and funds available to the United 

10 States Fish and Wildlife Service shall be available for pur11 chase of not to exceed 179 passenger motor vehicles, of 

12 which 161 are for replacement only (including 44 for po13 lice-type use); repair of damage to public roads within and 

14 adjacent to reservation areas caused by operations of the 

15 Service; options for the purchase of land at not to exceed 

16 $1 for each option; facilities incident to such public rec17 reational uses on conservation areas as are consistent with 

18 their primary purpose; and the maintenance and improve19 ment of aquaria, buildings, and other facilities under the 

20 jurisdiction of the Service and to which the United States 

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

22 with management, and investigation of fish and wildlife 

23 resources: Provided, That notwithstanding 44 U.S.C. 501, 

24 the Service may, under cooperative cost sharing and part25 nership arrangements authorized by law, procure printing 

26 services from cooperators in connection with jointly pro-
20 

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1 duced publications for which the cooperators share at least 

2 one-half the cost of printing either in cash or services and 

3 the Service determines the cooperator is capable of meet4 ing accepted quality standards: Provided further, That not5 withstanding any other provision of law, the Service may 

6 use up to $2,000,000 from funds provided for contracts 

7 for employment-related legal services: Provided further, 

8 That the Service may accept donated aircraft as replace9 ments for existing aircraft: Provided further, That not10 withstanding any other provision of law, the Secretary of 

11 the Interior may not spend any of the funds appropriated 

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

13 to be used in the establishment of any new unit of the 

14 National Wildlife Refuge System unless the purchase is 

15 approved in advance by the House and Senate Committees 

16 on Appropriations in compliance with the reprogramming 

17 procedures contained in House Report 108–330. 

18 NATIONAL PARK SERVICE

19 OPERATION OF THE NATIONAL PARK SYSTEM

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

23 maintenance service to trucking permittees on a reimburs24 able basis), and for the general administration of the Na25 tional Park Service, $1,688,915,000, of which 
21 

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1 $10,708,000 is for planning and interagency coordination 

2 in support of Everglades restoration and shall remain 

3 available until expended; of which $100,605,000, to re4 main available until September 30, 2006, is for mainte5 nance, repair or rehabilitation projects for constructed as6 sets, operation of the National Park Service automated fa7 cility management software system, and comprehensive fa8 cility condition assessments; and of which $1,965,000 is 

9 for the Youth Conservation Corps for high priority 

10 projects: Provided, That the only funds in this account 

11 which may be made available to support United States 

12 Park Police are those funds approved for emergency law 

13 and order incidents pursuant to established National Park 

14 Service procedures, those funds needed to maintain and 

15 repair United States Park Police administrative facilities, 

16 and those funds necessary to reimburse the United States 

17 Park Police account for the unbudgeted overtime and trav18 el costs associated with special events for an amount not 

19 to exceed $10,000 per event subject to the review and con20 currence of the Washington headquarters office. 

21 UNITED STATES PARK POLICE

22 For expenses necessary to carry out the programs of 

23 the United States Park Police, $81,204,000. 

24 NATIONAL RECREATION AND PRESERVATION

25 For expenses necessary to carry out recreation pro26 grams, natural programs, cultural programs, heritage 
22 

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1 partnership programs, environmental compliance and re2 view, international park affairs, statutory or contractual 

3 aid for other activities, and grant administration, not oth4 erwise provided for, $63,023,000: Provided, That none of 

5 the funds in this Act for the River, Trails and Conserva6 tion Assistance program may be used for cash agreements, 

7 or for cooperative agreements that are inconsistent with 

8 the program’s final strategic plan. 

9 HISTORIC PRESERVATION FUND

10 For expenses necessary in carrying out the Historic 

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

12 and the Omnibus Parks and Public Lands Management 

13 Act of 1996 (Public Law 104–333), $71,250,000, to be 

14 derived from the Historic Preservation Fund, to remain 

15 available until September 30, 2006, of which $30,000,000 

16 shall be for Save America’s Treasures for priority preser17 vation projects, of nationally significant sites, structures, 

18 and artifacts: Provided, That not to exceed $2,000,000 of 

19 the amount provided for Save America’s Treasures may 

20 be for Preserve America grants to States, Tribes, and local 

21 communities for projects that preserve important historic 

22 resources through the promotion of heritage tourism: Pro23 vided further, That any individual Save America’s Treas24 ures or Preserve America grant shall be matched by non25 Federal funds: Provided further, That individual projects 

26 shall only be eligible for one grant: Provided further, That 
23 

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1 all projects to be funded shall be approved by the Sec2 retary of the Interior in consultation with the House and 

3 Senate Committees on Appropriations, and in consultation 

4 with the President’s Committee on the Arts and Human5 ities prior to the commitment of Save America’s Treasures 

6 grant funds and with the Advisory Council on Historic 

7 Preservation prior to the commitment of Preserve America 

8 grant funds: Provided further, That Save America’s Treas9 ures funds allocated for Federal projects, following ap10 proval, shall be available by transfer to appropriate ac11 counts of individual agencies: Provided further, That none 

12 of the funds provided for Save America’s Treasures may 

13 be used for administrative expenses. 

14 CONSTRUCTION

15 For construction, improvements, repair or replace16 ment of physical facilities, including the modifications au17 thorized by section 104 of the Everglades National Park 

18 Protection and Expansion Act of 1989, $330,019,000, to 

19 remain available until expended, of which $500,000 for the 

20 L.Q.C. Lamar House National Historic Landmark shall 

21 be derived from the Historic Preservation Fund pursuant 

22 to 16 U.S.C. 470a: Provided, That none of the funds pro23 vided in this or any other Act may be used for planning, 

24 design, or construction of any underground security 

25 screening or visitor contact facility at the Washington 

26 Monument until such facility has been approved in writing 
24 

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1 by the House and Senate Committees on Appropriations: 

2 Provided further, That funds provided under this heading 

3 for implementation of modified water deliveries to Ever4 glades National Park shall be expended consistent with the 

5 requirements of the fifth proviso under this heading in 

6 Public Law 108–108: Provided further, That the National 

7 Park Service may use funds provided herein to construct 

8 a parking lot and connecting trail on leased, non-Federal 

9 land in order to accommodate visitor use of the Old Rag 

10 Mountain Trail at Shenandoah National Park, and may 

11 for the duration of such lease use any funds available to 

12 the Service for the maintenance of the parking lot and 

13 connecting trail. 

14 LAND AND WATER CONSERVATION FUND

15 (RESCISSION)

16 The contract authority provided for fiscal year 2005 

17 by 16 U.S.C. 460l–10a are rescinded. 

18 LAND ACQUISITION AND STATE ASSISTANCE

19 (INCLUDING TRANSFER)

20 For expenses necessary to carry out the Land and 

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

22 460l–4 through 11), including administrative expenses, 

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

24 in accordance with the statutory authority applicable to 

25 the National Park Service, $155,831,000, to be derived 

26 from the Land and Water Conservation Fund and to re-
25 

S 2804 PCS 

1 main available until expended, of which $94,000,000 is for 

2 the State assistance program including $2,469,000 to ad3 minister this program: Provided, That none of the funds 

4 provided for the State assistance program may be used 

5 to establish a contingency fund: Provided further, That in 

6 lieu of State assistance program indirect costs (as de7 scribed in OMB Circular A–87), not to exceed 5 percent 

8 of apportionments under the State assistance program 

9 may be used by States, the District of Columbia, and insu10 lar areas to support program administrative costs: Pro11 vided further, That $250,000 of the amount provided 

12 under this heading for civil war battlefield protection shall 

13 be available for transfer to the ‘‘National Recreation and 

14 Preservation’’ account. 

15 ADMINISTRATIVE PROVISIONS

16 Appropriations for the National Park Service shall be 

17 available for the purchase of not to exceed 249 passenger 

18 motor vehicles, of which 202 shall be for replacement only, 

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

20 and 8 ambulances: Provided, That none of the funds ap21 propriated to the National Park Service may be used to 

22 process any grant or contract documents which do not in23 clude the text of 18 U.S.C. 1913: Provided further, That 

24 none of the funds appropriated to the National Park Serv25 ice may be used to implement an agreement for the rede26 velopment of the southern end of Ellis Island until such 
26 

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1 agreement has been submitted to the Congress and shall 

2 not be implemented prior to the expiration of 30 calendar 

3 days (not including any day in which either House of Con4 gress is not in session because of adjournment of more 

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

6 by the Speaker of the House of Representatives and the 

7 President of the Senate of a full and comprehensive report 

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

9 including the facts and circumstances relied upon in sup10 port of the proposed project: Provided further, That appro11 priations available to the National Park Service may be 

12 used to maintain the following areas in Washington, Dis13 trict of Columbia: Jackson Place, Madison Place, and 

14 Pennsylvania Avenue between 15th and 17th Streets, 

15 Northwest. 

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

17 National Park Service for activities taken in direct re18 sponse to the United Nations Biodiversity Convention. 

19 The National Park Service may distribute to oper20 ating units based on the safety record of each unit the 

21 costs of programs designed to improve workplace and em22 ployee safety, and to encourage employees receiving work23 ers’ compensation benefits pursuant to chapter 81 of title 

24 5, United States Code, to return to appropriate positions 

25 for which they are medically able. 
27 

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1 Notwithstanding any other provision of law, in fiscal 

2 year 2005, with respect to the administration of the Na3 tional Park Service park pass program by the National 

4 Park Foundation, the Secretary may pay to the Founda5 tion administrative funds expected to be received in that 

6 fiscal year before the revenues are collected, so long as 

7 total payments in the administrative account do not exceed 

8 total revenue collected and deposited in that account by 

9 the end of the fiscal year. 

10 UNITED STATES GEOLOGICAL SURVEY

11 SURVEYS, INVESTIGATIONS, AND RESEARCH

12 For expenses necessary for the United States Geo13 logical Survey to perform surveys, investigations, and re14 search covering topography, geology, hydrology, biology, 

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

16 its territories and possessions, and other areas as author17 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 

18 to their mineral and water resources; give engineering su19 pervision to power permittees and Federal Energy Regu20 latory Commission licensees; administer the minerals ex21 ploration program (30 U.S.C. 641); and publish and dis22 seminate data relative to the foregoing activities; and to 

23 conduct inquiries into the economic conditions affecting 

24 mining and materials processing industries (30 U.S.C. 3, 

25 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes 
28 

S 2804 PCS 

1 as authorized by law and to publish and disseminate data; 

2 $939,486,000, of which $63,378,000 shall be available 

3 only for cooperation with States or municipalities for 

4 water resources investigations; and of which $16,185,000 

5 shall remain available until expended for conducting in6 quiries into the economic conditions affecting mining and 

7 materials processing industries; and of which $7,901,000 

8 shall remain available until expended for satellite oper9 ations; and of which $23,044,000 shall be available until 

10 September 30, 2006, for the operation and maintenance 

11 of facilities and deferred maintenance; and of which 

12 $172,821,000 shall be available until September 30, 2006, 

13 for the biological research activity and the operation of 

14 the Cooperative Research Units: Provided, That none of 

15 the funds provided for the biological research activity shall 

16 be used to conduct new surveys on private property, unless 

17 specifically authorized in writing by the property owner: 

18 Provided further, That no part of this appropriation shall 

19 be used to pay more than one-half the cost of topographic 

20 mapping or water resources data collection and investiga21 tions carried on in cooperation with States and municipali22 ties. 

23 ADMINISTRATIVE PROVISIONS

24 The amount appropriated for the United States Geo25 logical Survey shall be available for the purchase of not 

26 to exceed 53 passenger motor vehicles, of which 48 are 
29 

S 2804 PCS 

1 for replacement only; reimbursement to the General Serv2 ices Administration for security guard services; con3 tracting for the furnishing of topographic maps and for 

4 the making of geophysical or other specialized surveys 

5 when it is administratively determined that such proce6 dures are in the public interest; construction and mainte7 nance of necessary buildings and appurtenant facilities; 

8 acquisition of lands for gauging stations and observation 

9 wells; expenses of the United States National Committee 

10 on Geology; and payment of compensation and expenses 

11 of persons on the rolls of the Survey duly appointed to 

12 represent the United States in the negotiation and admin13 istration of interstate compacts: Provided, That activities 

14 funded by appropriations herein made may be accom15 plished through the use of contracts, grants, or coopera16 tive agreements as defined in 31 U.S.C. 6302 et seq. 

17 MINERALS MANAGEMENT SERVICE

18 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

19 For expenses necessary for minerals leasing and envi20 ronmental studies, regulation of industry operations, and 

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

22 laws and regulations applicable to oil, gas, and other min23 erals leases, permits, licenses and operating contracts; and 

24 for matching grants or cooperative agreements; including 

25 the purchase of not to exceed eight passenger motor vehi-
30 

S 2804 PCS 

1 cles for replacement only, $171,175,000, of which 

2 $81,906,000 shall be available for royalty management ac3 tivities; and an amount not to exceed $103,730,000, to 

4 be credited to this appropriation and to remain available 

5 until expended, from additions to receipts resulting from 

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

7 increases to fee collections for Outer Continental Shelf ad8 ministrative activities performed by the Minerals Manage9 ment Service (MMS) over and above the rates in effect 

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

11 Outer Continental Shelf administrative activities estab12 lished after September 30, 1993: Provided, That to the 

13 extent $103,730,000 in additions to receipts are not real14 ized from the sources of receipts stated above, the amount 

15 needed to reach $103,730,000 shall be credited to this ap16 propriation from receipts resulting from rental rates for 

17 Outer Continental Shelf leases in effect before August 5, 

18 1993: Provided further, That $3,000,000 for computer ac19 quisitions shall remain available until September 30, 

20 2006: Provided further, That funds appropriated under 

21 this Act shall be available for the payment of interest in 

22 accordance with 30 U.S.C. 1721(b) and (d): Provided fur23 ther, That not to exceed $3,000 shall be available for rea24 sonable expenses related to promoting volunteer beach and 

25 marine cleanup activities: Provided further, That notwith-
31 

S 2804 PCS 

1 standing any other provision of law, $15,000 under this 

2 heading shall be available for refunds of overpayments in 

3 connection with certain Indian leases in which the Direc4 tor of MMS concurred with the claimed refund due, to 

5 pay amounts owed to Indian allottees or tribes, or to cor6 rect prior unrecoverable erroneous payments: Provided 

7 further, That MMS may under the royalty-in-kind pro8 gram, or under its authority to transfer oil to the Strategic 

9 Petroleum Reserve, use a portion of the revenues from 

10 royalty-in-kind sales, without regard to fiscal year limita11 tion, to pay for transportation to wholesale market centers 

12 or upstream pooling points, to process or otherwise dispose 

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

14 transportation costs, salaries, and other administrative 

15 costs directly related to the royalty-in-kind program: Pro16 vided further, That MMS shall analyze and document the 

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

18 assure to the maximum extent practicable that royalty in19 come under the pilot program is equal to or greater than 

20 royalty income recognized under a comparable royalty-in21 value program: Provided further, That in fiscal year 2005 

22 and thereafter, notwithstanding 30 U.S.C. 191(a) and 43 

23 U.S.C. 1338, the Secretary shall pay amounts owed to 

24 States under the provision of 30 U.S.C. 1721(b) from 

25 amounts received as current receipts from bonuses, royal-
32 

S 2804 PCS 

1 ties, interest collected from lessees and designees, and 

2 rentals of the public lands and the outer continental shelf 

3 under provisions of the Mineral Leasing Act (30 U.S.C. 

4 181 et seq.), and the Outer Continental Shelf Lands Act 

5 (43 U.S.C. 1331 et seq.), which are not payable to a State 

6 or the Reclamation Fund. 

7 OIL SPILL RESEARCH

8 For necessary expenses to carry out title I, section 

9 1016, title IV, sections 4202 and 4303, title VII, and title 

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

11 $7,105,000, which shall be derived from the Oil Spill Li12 ability Trust Fund, to remain available until expended. 

13 OFFICE OF SURFACE MINING RECLAMATION AND

14 ENFORCEMENT

15 REGULATION AND TECHNOLOGY

16 For necessary expenses to carry out the provisions 

17 of the Surface Mining Control and Reclamation Act of 

18 1977, Public Law 95–87, as amended, including the pur19 chase of not to exceed 10 passenger motor vehicles, for 

20 replacement only; $109,905,000: Provided, That the Sec21 retary of the Interior, pursuant to regulations, may use 

22 directly or through grants to States, moneys collected in 

23 fiscal year 2005 for civil penalties assessed under section 

24 518 of the Surface Mining Control and Reclamation Act 

25 of 1977 (30 U.S.C. 1268), to reclaim lands adversely af26 fected by coal mining practices after August 3, 1977, to 
33 

S 2804 PCS 

1 remain available until expended: Provided further, That 

2 appropriations for the Office of Surface Mining Reclama3 tion and Enforcement may provide for the travel and per 

4 diem expenses of State and tribal personnel attending Of5 fice of Surface Mining Reclamation and Enforcement 

6 sponsored training. 

7 ABANDONED MINE RECLAMATION FUND

8 For necessary expenses to carry out title IV of the 

9 Surface Mining Control and Reclamation Act of 1977, 

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

11 of not more than 10 passenger motor vehicles for replace12 ment only, $190,863,000, to be derived from receipts of 

13 the Abandoned Mine Reclamation Fund and to remain 

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

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

16 shall be for supplemental grants to States for the reclama17 tion of abandoned sites with acid mine rock drainage from 

18 coal mines, and for associated activities, through the Ap19 palachian Clean Streams Initiative: Provided, That grants 

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

21 in fiscal year 2004: Provided further, That pursuant to 

22 Public Law 97–365, the Department of the Interior is au23 thorized to use up to 20 percent from the recovery of the 

24 delinquent debt owed to the United States Government to 

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

26 That funds made available under title IV of Public Law 
34 

S 2804 PCS 

1 95–87 may be used for any required non-Federal share 

2 of the cost of projects funded by the Federal Government 

3 for the purpose of environmental restoration related to 

4 treatment or abatement of acid mine drainage from aban5 doned mines: Provided further, That such projects must 

6 be consistent with the purposes and priorities of the Sur7 face Mining Control and Reclamation Act: Provided fur8 ther, That the State of Maryland may set aside the greater 

9 of $1,000,000 or 10 percent of the total of the grants 

10 made available to the State under title IV of the Surface 

11 Mining Control and Reclamation Act of 1977, as amended 

12 (30 U.S.C. 1231 et seq.), if the amount set aside is depos13 ited in an acid mine drainage abatement and treatment 

14 fund established under a State law, pursuant to which law 

15 the amount (together with all interest earned on the 

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

17 drainage abatement and treatment projects, except that 

18 before any amounts greater than 10 percent of its title 

19 IV grants are deposited in an acid mine drainage abate20 ment and treatment fund, the State of Maryland must 

21 first complete all Surface Mining Control and Reclamation 

22 Act priority one projects: Provided further, That amounts 

23 provided under this heading may be used for the travel 

24 and per diem expenses of State and tribal personnel at-
35 

S 2804 PCS 

1 tending Office of Surface Mining Reclamation and En2 forcement sponsored training. 

3 BUREAU OF INDIAN AFFAIRS

4 OPERATION OF INDIAN PROGRAMS

5 For expenses necessary for the operation of Indian 

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

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

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

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

12 as amended, $1,951,798,000, to remain available until 

13 September 30, 2006 except as otherwise provided herein, 

14 of which not to exceed $87,638,000 shall be for welfare 

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

18 $136,314,000 shall be available for payments to tribes and 

19 tribal organizations for contract support costs associated 

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

22 during fiscal year 2005, as authorized by such Act, except 

23 that tribes and tribal organizations may use their tribal 

24 priority allocations for unmet indirect costs of ongoing 

25 contracts, grants, or compacts, or annual funding agree-
36 

S 2804 PCS 

1 ments and for unmet welfare assistance costs; and of 

2 which not to exceed $453,115,000 for school operations 

3 costs of Bureau-funded schools and other education pro4 grams shall become available on July 1, 2005, and shall 

5 remain available until September 30, 2006; and of which 

6 not to exceed $61,801,000 shall remain available until ex7 pended for housing improvement, road maintenance, at8 torney fees, litigation support, the Indian Self-Determina9 tion Fund, land records improvement, and the Navajo10 Hopi Settlement Program: Provided, That notwith11 standing any other provision of law, including but not lim12 ited to the Indian Self-Determination Act of 1975, as 

13 amended, and 25 U.S.C. 2008, not to exceed $45,348,000 

14 within and only from such amounts made available for 

15 school operations shall be available to tribes and tribal or16 ganizations for administrative cost grants associated with 

17 ongoing grants entered into with the Bureau prior to or 

18 during fiscal year 2004 for the operation of Bureau-fund19 ed schools: Provided further, That any forestry funds allo20 cated to a tribe which remain unobligated as of September 

21 30, 2006, may be transferred during fiscal year 2007 to 

22 an Indian forest land assistance account established for 

23 the benefit of such tribe within the tribe’s trust fund ac24 count: Provided further, That any such unobligated bal-
37 

S 2804 PCS 

1 ances not so transferred shall expire on September 30, 

2 2007. 

3 CONSTRUCTION

4 For construction, repair, improvement, and mainte5 nance of irrigation and power systems, buildings, utilities, 

6 and other facilities, including architectural and engineer7 ing services by contract; acquisition of lands, and interests 

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

9 construction of the Navajo Indian Irrigation Project pur10 suant to Public Law 87–483, $283,126,000, to remain 

11 available until expended: Provided, That such amounts as 

12 may be available for the construction of the Navajo Indian 

13 Irrigation Project may be transferred to the Bureau of 

14 Reclamation: Provided further, That not to exceed 6 per15 cent of contract authority available to the Bureau of In16 dian Affairs from the Federal Highway Trust Fund may 

17 be used to cover the road program management costs of 

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

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

20 shall be made available on a nonreimbursable basis: Pro21 vided further, That for fiscal year 2005, in implementing 

22 new construction or facilities improvement and repair 

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

24 tribally controlled grant schools under Public Law 100– 

25 297, as amended, the Secretary of the Interior shall use 

26 the Administrative and Audit Requirements and Cost 
38 

S 2804 PCS 

1 Principles for Assistance Programs contained in 43 CFR 

2 part 12 as the regulatory requirements: Provided further, 

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

4 43 CFR; the Secretary and the grantee shall negotiate and 

5 determine a schedule of payments for the work to be per6 formed: Provided further, That in considering applications, 

7 the Secretary shall consider whether the Indian tribe or 

8 tribal organization would be deficient in assuring that the 

9 construction projects conform to applicable building stand10 ards and codes and Federal, tribal, or State health and 

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

12 respect to organizational and financial management capa13 bilities: Provided further, That if the Secretary declines an 

14 application, the Secretary shall follow the requirements 

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

16 any disputes between the Secretary and any grantee con17 cerning a grant shall be subject to the disputes provision 

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

19 ensure timely completion of replacement school construc20 tion projects, the Secretary may assume control of a 

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

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

23 tribe or tribal organization receiving funds appropriated 

24 in this Act or in any prior Act, has not completed the 
39 

S 2804 PCS 

1 planning and design phase of the project and commenced 

2 construction of the replacement school. 

3 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

4 MISCELLANEOUS PAYMENTS TO INDIANS

5 For miscellaneous payments to Indian tribes and in6 dividuals and for necessary administrative expenses, 

7 $34,771,000, to remain available until expended, for im8 plementation of Indian land and water claim settlements 

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

10 106–554, 107–331 and 108–34, and for implementation 

11 of other land and water rights settlements. 

12 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

13 For the cost of guaranteed and insured loans, 

14 $5,726,000, as authorized by the Indian Financing Act 

15 of 1974, as amended: Provided, That such costs, including 

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

17 section 502 of the Congressional Budget Act of 1974: Pro18 vided further, That these funds are available to subsidize 

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

20 not to exceed $84,699,000. 

21 In addition, for administrative expenses to carry out 

22 the guaranteed and insured loan programs, $695,000. 

23 ADMINISTRATIVE PROVISIONS

24 The Bureau of Indian Affairs may carry out the oper25 ation of Indian programs by direct expenditure, contracts, 

26 cooperative agreements, compacts and grants, either di-
40 

S 2804 PCS 

1 rectly or in cooperation with States and other organiza2 tions. 

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

4 Affairs may contract for services in support of the man5 agement, operation, and maintenance of the Power Divi6 sion of the San Carlos Irrigation Project. 

7 Appropriations for the Bureau of Indian Affairs (ex8 cept the revolving fund for loans, the Indian loan guar9 antee and insurance fund, and the Indian Guaranteed 

10 Loan Program account) shall be available for expenses of 

11 exhibits, and purchase of not to exceed 229 passenger 

12 motor vehicles, of which not to exceed 187 shall be for 

13 replacement only. 

14 Notwithstanding any other provision of law, no funds 

15 available to the Bureau of Indian Affairs for central office 

16 operations or pooled overhead general administration (ex17 cept facilities operations and maintenance) shall be avail18 able for tribal contracts, grants, compacts, or cooperative 

19 agreements with the Bureau of Indian Affairs under the 

20 provisions of the Indian Self-Determination Act or the 

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

22 413). 

23 In the event any tribe returns appropriations made 

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

25 distribution to other tribes, this action shall not diminish 
41 

S 2804 PCS 

1 the Federal Government’s trust responsibility to that 

2 tribe, or the government-to-government relationship be3 tween the United States and that tribe, or that tribe’s abil4 ity to access future appropriations. 

5 Notwithstanding any other provision of law, no funds 

6 available to the Bureau, other than the amounts provided 

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

8 452 et seq., shall be available to support the operation of 

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

10 Appropriations made available in this or any other 

11 Act for schools funded by the Bureau shall be available 

12 only to the schools in the Bureau school system as of Sep13 tember 1, 1996. No funds available to the Bureau shall 

14 be used to support expanded grades for any school or dor15 mitory beyond the grade structure in place or approved 

16 by the Secretary of the Interior at each school in the Bu17 reau school system as of October 1, 1995. Funds made 

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

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

20 is defined in section 1146 of the Education Amendments 

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

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

23 Act and that has operated at a Bureau-funded school be24 fore September 1, 1999, may continue to operate during 

25 that period, but only if the charter school pays to the Bu-
42 

S 2804 PCS 

1 reau a pro rata share of funds to reimburse the Bureau 

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

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

4 separate and apart from Bureau funds, and the Bureau 

5 does not assume any obligation for charter school pro6 grams of the State in which the school is located if the 

7 charter school loses such funding. Employees of Bureau8 funded schools sharing a campus with a charter school and 

9 performing functions related to the charter school’s oper10 ation and employees of a charter school shall not be treat11 ed as Federal employees for purposes of chapter 171 of 

12 title 28, United States Code. 

13 DEPARTMENTAL OFFICES

14 INSULAR AFFAIRS

15 ASSISTANCE TO TERRITORIES

16 For expenses necessary for assistance to territories 

17 under the jurisdiction of the Department of the Interior, 

18 $74,255,000, of which: (1) $67,692,000 shall be available 

19 until expended for technical assistance, including mainte20 nance assistance, disaster assistance, insular management 

21 controls, coral reef initiative activities, and brown tree 

22 snake control and research; grants to the judiciary in 

23 American Samoa for compensation and expenses, as au24 thorized by law (48 U.S.C. 1661(c)); grants to the Govern25 ment of American Samoa, in addition to current local rev-
43 

S 2804 PCS 

1 enues, for construction and support of governmental func2 tions; grants to the Government of the Virgin Islands as 

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

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

5 the Northern Mariana Islands as authorized by law (Pub6 lic Law 94–241; 90 Stat. 272); and (2) $6,563,000 shall 

7 be available for salaries and expenses of the Office of Insu8 lar Affairs: Provided, That all financial transactions of the 

9 territorial and local governments herein provided for, in10 cluding such transactions of all agencies or instrumental11 ities established or used by such governments, may be au12 dited by the Government Accountability Office, at its dis13 cretion, in accordance with chapter 35 of title 31, United 

14 States Code: Provided further, That Northern Mariana Is15 lands Covenant grant funding shall be provided according 

16 to those terms of the Agreement of the Special Represent17 atives on Future United States Financial Assistance for 

18 the Northern Mariana Islands approved by Public Law 

19 104–134: Provided further, That of the amounts provided 

20 for technical assistance, sufficient funds shall be made 

21 available for a grant to the Pacific Basin Development 

22 Council: Provided further, That of the amounts provided 

23 for technical assistance, $750,000 shall be made available 

24 for a grant to the Close Up Foundation: Provided further, 

25 That the funds for the program of operations and mainte-
44 

S 2804 PCS 

1 nance improvement are appropriated to institutionalize 

2 routine operations and maintenance improvement of cap3 ital infrastructure with territorial participation and cost 

4 sharing to be determined by the Secretary based on the 

5 grantee’s commitment to timely maintenance of its capital 

6 assets: Provided further, That any appropriation for dis7 aster assistance under this heading in this Act or previous 

8 appropriations Acts may be used as non-Federal matching 

9 funds for the purpose of hazard mitigation grants provided 

10 pursuant to section 404 of the Robert T. Stafford Disaster 

11 Relief and Emergency Assistance Act (42 U.S.C. 5170c). 

12 COMPACT OF FREE ASSOCIATION

13 For grants and necessary expenses, $5,400,000, as 

14 provided for in sections 221(a)(2), 221(b), and 233 of the 

15 Compact of Free Association for the Republic of Palau 

16 as authorized by Public Law 99–658; Public Law 108– 

17 188; and section 221(a)(2) of the Compacts of Free Asso18 ciation and their related agreements between the Govern19 ment of the United States and the Government of the Re20 public of the Marshall Islands as amended. 

21 DEPARTMENTAL MANAGEMENT

22 SALARIES AND EXPENSES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses for management of the De25 partment of the Interior, $95,108,000, of which not to ex26 ceed $8,500 may be for official reception and representa-
45 

S 2804 PCS 

1 tion expenses, of which up to $1,000,000 shall be available 

2 for workers compensation payments and unemployment 

3 compensation payments associated with the orderly clo4 sure of the United States Bureau of Mines, and of which 

5 $15,000,000 shall remain available until expended for a 

6 departmental financial and business management system: 

7 Provided, That of the funds provided for a departmental 

8 financial and business management system, $13,500,000 

9 shall be derived by transfer from unobligated balances in 

10 the ‘‘Central Hazardous Materials Fund’’: Provided fur11 ther, That none of the funds in this or previous appropria12 tions Acts may be used to establish any additional reserves 

13 in the Working Capital Fund account other than the two 

14 authorized reserves without prior approval of the House 

15 and Senate Committees on Appropriations. 

16 PAYMENTS IN LIEU OF TAXES

17 For expenses necessary to implement the Act of Octo18 ber 20, 1976, as amended (31 U.S.C. 6901–6907), 

19 $230,000,000, of which not to exceed $400,000 shall be 

20 available for administrative expenses: Provided, That no 

21 payment shall be made to otherwise eligible units of local 

22 government if the computed amount of the payment is less 

23 than $100. 
46 

S 2804 PCS 

1 OFFICE OF THE SOLICITOR

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of the Solicitor, 

4 $53,053,000. 

5 OFFICE OF INSPECTOR GENERAL

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Inspector 

8 General, $38,100,000. 

9 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

10 FEDERAL TRUST PROGRAMS

11 For the operation of trust programs for Indians by 

12 direct expenditure, contracts, cooperative agreements, 

13 compacts, and grants, $196,267,000, to remain available 

14 until expended, of which not to exceed $58,000,000 shall 

15 be available for historical accounting: Provided, That 

16 funds for trust management improvements and litigation 

17 support may, as needed, be transferred to or merged with 

18 the Bureau of Indian Affairs, ‘‘Operation of Indian Pro19 grams’’ account; the Office of the Solicitor, ‘‘Salaries and 

20 Expenses’’ account; and the Departmental Management, 

21 ‘‘Salaries and Expenses’’ account: Provided further, That 

22 funds made available to Tribes and Tribal organizations 

23 through contracts or grants obligated during fiscal year 

24 2005, as authorized by the Indian Self-Determination Act 

25 of 1975 (25 U.S.C. 450 et seq.), shall remain available 
47 

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1 until expended by the contractor or grantee: Provided fur2 ther, That notwithstanding any other provision of law, the 

3 statute of limitations shall not commence to run on any 

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

5 of the enactment of this Act, concerning losses to or mis6 management of trust funds, until the affected tribe or in7 dividual Indian has been furnished with an accounting of 

8 such funds from which the beneficiary can determine 

9 whether there has been a loss: Provided further, That not10 withstanding any other provision of law, the Secretary 

11 shall not be required to provide a quarterly statement of 

12 performance for any Indian trust account that has not had 

13 activity for at least 18 months and has a balance of $1.00 

14 or less: Provided further, That the Secretary shall issue 

15 an annual account statement and maintain a record of any 

16 such accounts and shall permit the balance in each such 

17 account to be withdrawn upon the express written request 

18 of the account holder: Provided further, That not to exceed 

19 $50,000 is available for the Secretary to make payments 

20 to correct administrative errors of either disbursements 

21 from or deposits to Individual Indian Money or Tribal ac22 counts after September 30, 2002: Provided further, That 

23 erroneous payments that are recovered shall be credited 

24 to and remain available in this account for this purpose. 
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1 INDIAN LAND CONSOLIDATION

2 For consolidation of fractional interests in Indian 

3 lands and expenses associated with redetermining and re4 distributing escheated interests in allotted lands, and for 

5 necessary expenses to carry out the Indian Land Consoli6 dation Act of 1983, as amended, by direct expenditure or 

7 cooperative agreement, $50,000,000, to remain available 

8 until expended, and which may be transferred to the Bu9 reau of Indian Affairs and Departmental Management ac10 counts: Provided, That funds provided under this heading 

11 may be expended pursuant to the authorities contained in 

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

13 for American Indians, Indian Land Consolidation’’ of the 

14 Interior and Related Agencies Appropriations Act, 2001 

15 (Public Law 106–291). 

16 NATURAL RESOURCES DAMAGE ASSESSMENT AND

17 RESTORATION

18 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

19 To conduct natural resource damage assessment and 

20 restoration activities by the Department of the Interior 

21 necessary to carry out the provisions of the Comprehensive 

22 Environmental Response, Compensation, and Liability 

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

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

25 seq.), the Oil Pollution Act of 1990 (Public Law 101–380) 
49 

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1 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as 

2 amended (16 U.S.C. 19jj et seq.), $5,818,000, to remain 

3 available until expended. 

4 ADMINISTRATIVE PROVISIONS

5 There is hereby authorized for acquisition from avail6 able resources within the Working Capital Fund, 15 air7 craft, 10 of which shall be for replacement and which may 

8 be obtained by donation, purchase or through available ex9 cess surplus property: Provided, That existing aircraft 

10 being replaced may be sold, with proceeds derived or 

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

12 replacement aircraft: Provided further, That no programs 

13 funded with appropriated funds in the ‘‘Departmental 

14 Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In15 spector General’’ may be augmented through the Working 

16 Capital Fund: Provided further, That the annual budget 

17 justification for Departmental Management shall describe 

18 estimated Working Capital Fund charges to bureaus and 

19 offices, including the methodology on which charges are 

20 based: Provided further, That departures from the Work21 ing Capital Fund estimates contained in the Departmental 

22 Management budget justification shall be presented to the 

23 Committees on Appropriations for approval: Provided fur24 ther, That the Secretary shall provide a semi-annual re25 port to the Committees on Appropriations on reimbursable 

26 support agreements between the Office of the Secretary 
50 

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1 and the National Business Center and the bureaus and 

2 offices of the Department, including the amounts billed 

3 pursuant to such agreements. 

4 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

6 available for expenditure or transfer (within each bureau 

7 or office), with the approval of the Secretary, for the emer8 gency reconstruction, replacement, or repair of aircraft, 

9 buildings, utilities, or other facilities or equipment dam10 aged or destroyed by fire, flood, storm, or other unavoid11 able causes: Provided, That no funds shall be made avail12 able under this authority until funds specifically made 

13 available to the Department of the Interior for emer14 gencies shall have been exhausted: Provided further, That 

15 all funds used pursuant to this section are hereby des16 ignated by Congress to be ‘‘emergency requirements’’ pur17 suant to section 502 of H. Con. Res. 95, the concurrent 

18 resolution on the budget for fiscal year 2004, and must 

19 be replenished by a supplemental appropriation which 

20 must be requested as promptly as possible. 

21 SEC. 102. The Secretary may authorize the expendi22 ture or transfer of any no year appropriation in this title, 

23 in addition to the amounts included in the budget pro24 grams of the several agencies, for the suppression or emer25 gency prevention of wildland fires on or threatening lands 
51 

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1 under the jurisdiction of the Department of the Interior; 

2 for the emergency rehabilitation of burned-over lands 

3 under its jurisdiction; for emergency actions related to po4 tential or actual earthquakes, floods, volcanoes, storms, or 

5 other unavoidable causes; for contingency planning subse6 quent to actual oil spills; for response and natural resource 

7 damage assessment activities related to actual oil spills; 

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

9 potential grasshopper and Mormon cricket outbreaks on 

10 lands under the jurisdiction of the Secretary, pursuant to 

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

12 (99 Stat. 1658); for emergency reclamation projects under 

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

14 any no year funds available to the Office of Surface Min15 ing Reclamation and Enforcement, such funds as may be 

16 necessary to permit assumption of regulatory authority in 

17 the event a primacy State is not carrying out the regu18 latory provisions of the Surface Mining Act: Provided, 

19 That appropriations made in this title for wildland fire 

20 operations shall be available for the payment of obligations 

21 incurred during the preceding fiscal year, and for reim22 bursement to other Federal agencies for destruction of ve23 hicles, aircraft, or other equipment in connection with 

24 their use for wildland fire operations, such reimbursement 

25 to be credited to appropriations currently available at the 
52 

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

2 fire operations, no funds shall be made available under 

3 this authority until the Secretary determines that funds 

4 appropriated for ‘‘wildland fire operations’’ shall be ex5 hausted within 30 days: Provided further, That all funds 

6 used pursuant to this section are hereby designated by 

7 Congress to be ‘‘emergency requirements’’ pursuant to 

8 section 502 of H. Con. Res. 95, the concurrent resolution 

9 on the budget for fiscal year 2004, and must be replen10 ished by a supplemental appropriation which must be re11 quested as promptly as possible: Provided further, That 

12 such replenishment funds shall be used to reimburse, on 

13 a pro rata basis, accounts from which emergency funds 

14 were transferred. 

15 SEC. 103. Appropriations made in this title shall be 

16 available for operation of warehouses, garages, shops, and 

17 similar facilities, wherever consolidation of activities will 

18 contribute to efficiency or economy, and said appropria19 tions shall be reimbursed for services rendered to any 

20 other activity in the same manner as authorized by sec21 tions 1535 and 1536 of title 31, United States Code: Pro22 vided, That reimbursements for costs and supplies, mate23 rials, equipment, and for services rendered may be cred24 ited to the appropriation current at the time such reim25 bursements are received. 
53 

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1 SEC. 104. Appropriations made to the Department 

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

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

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

5 maintenance, and operation of aircraft; hire of passenger 

6 motor vehicles; purchase of reprints; payment for tele7 phone service in private residences in the field, when au8 thorized under regulations approved by the Secretary; and 

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

10 for library membership in societies or associations which 

11 issue publications to members only or at a price to mem12 bers lower than to subscribers who are not members. 

13 SEC. 105. Appropriations available to the Depart14 ment of the Interior for salaries and expenses shall be 

15 available for uniforms or allowances therefor, as author16 ized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204). 

17 SEC. 106. Annual appropriations made in this title 

18 shall be available for obligation in connection with con19 tracts issued for services or rentals for periods not in ex20 cess of 12 months beginning at any time during the fiscal 

21 year. 

22 SEC. 107. No funds provided in this title may be ex23 pended by the Department of the Interior for the conduct 

24 of offshore preleasing, leasing and related activities placed 

25 under restriction in the President’s moratorium statement 
54 

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

2 southern California; the North Atlantic; Washington and 

3 Oregon; and the eastern Gulf of Mexico south of 26 de4 grees north latitude and east of 86 degrees west longitude. 

5 SEC. 108. No funds provided in this title may be ex6 pended by the Department of the Interior to conduct off7 shore oil and natural gas preleasing, leasing and related 

8 activities in the eastern Gulf of Mexico planning area for 

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

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

11 Program, 1997–2002. 

12 SEC. 109. No funds provided in this title may be ex13 pended by the Department of the Interior to conduct oil 

14 and natural gas preleasing, leasing and related activities 

15 in the Mid-Atlantic and South Atlantic planning areas. 

16 SEC. 110. Advance payments made under this title 

17 to Indian tribes, tribal organizations, and tribal consortia 

18 pursuant to the Indian Self-Determination and Education 

19 Assistance Act (25 U.S.C. 450 et seq.) or the Tribally 

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

21 may be invested by the Indian tribe, tribal organization, 

22 or consortium before such funds are expended for the pur23 poses of the grant, compact, or annual funding agreement 

24 so long as such funds are— 
55 

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1 (1) invested by the Indian tribe, tribal organiza2 tion, or consortium only in obligations of the United 

3 States, or in obligations or securities that are guar4 anteed or insured by the United States, or mutual 

5 (or other) funds registered with the Securities and 

6 Exchange Commission and which only invest in obli7 gations of the United States or securities that are 

8 guaranteed or insured by the United States; or 

9 (2) deposited only into accounts that are in10 sured by an agency or instrumentality of the United 

11 States, or are fully collateralized to ensure protec12 tion of the funds, even in the event of a bank failure. 

13 SEC. 111. Appropriations made in this Act under the 

14 headings Bureau of Indian Affairs and Office of Special 

15 Trustee for American Indians and any unobligated bal16 ances from prior appropriations Acts made under the 

17 same headings shall be available for expenditure or trans18 fer for Indian trust management and reform activities, ex19 cept that total funding for historical accounting activities 

20 shall not exceed amounts specifically designated in this 

21 Act for such purpose. 

22 SEC. 112. Notwithstanding any other provision of 

23 law, for the purpose of reducing the backlog of Indian pro24 bate cases in the Department of the Interior, the hearing 

25 requirements of chapter 10 of title 25, United States 
56 

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1 Code, are deemed satisfied by a proceeding conducted by 

2 an Indian probate judge, appointed by the Secretary with3 out regard to the provisions of title 5, United States Code, 

4 governing the appointments in the competitive service, for 

5 such period of time as the Secretary determines necessary: 

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

7 so appointed may be fixed by the Secretary without regard 

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

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

10 classification and pay of General Schedule employees, ex11 cept that no such Indian probate judge may be paid at 

12 a level which exceeds the maximum rate payable for the 

13 highest grade of the General Schedule, including locality 

14 pay. 

15 SEC. 113. Notwithstanding any other provision of 

16 law, the Secretary of the Interior is authorized to redis17 tribute any Tribal Priority Allocation funds, including 

18 tribal base funds, to alleviate tribal funding inequities by 

19 transferring funds to address identified, unmet needs, 

20 dual enrollment, overlapping service areas or inaccurate 

21 distribution methodologies. No tribe shall receive a reduc22 tion in Tribal Priority Allocation funds of more than 10 

23 percent in fiscal year 2005. Under circumstances of dual 

24 enrollment, overlapping service areas or inaccurate dis-
57 

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1 tribution methodologies, the 10 percent limitation does not 

2 apply. 

3 SEC. 114. Funds appropriated for the Bureau of In4 dian Affairs for postsecondary schools for fiscal year 2005 

5 shall be allocated among the schools proportionate to the 

6 unmet need of the schools as determined by the Postsec7 ondary Funding Formula adopted by the Office of Indian 

8 Education Programs. 

9 SEC. 115. (a) The Secretary of the Interior shall 

10 hereafter take such action as may be necessary to ensure 

11 that the lands comprising the Huron Cemetery in Kansas 

12 City, Kansas (as described in section 123 of Public Law 

13 106–291) are used only in accordance with this section. 

14 (b) The lands of the Huron Cemetery shall be used 

15 only: (1) for religious and cultural uses that are compat16 ible with the use of the lands as a cemetery; and (2) as 

17 a burial ground. 

18 SEC. 116. Notwithstanding any other provision of 

19 law, in conveying the Twin Cities Research Center under 

20 the authority provided by Public Law 104–134, as amend21 ed by Public Law 104–208, the Secretary may accept and 

22 retain land and other forms of reimbursement: Provided, 

23 That the Secretary may retain and use any such reim24 bursement until expended and without further appropria25 tion: (1) for the benefit of the National Wildlife Refuge 
58 

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1 System within the State of Minnesota; and (2) for all ac2 tivities authorized by Public Law 100–696; 16 U.S.C. 

3 460zz. 

4 SEC. 117. Notwithstanding 31 U.S.C. 3302(b), sums 

5 received by the Bureau of Land Management for the sale 

6 of seeds or seedlings may hereafter be credited to the ap7 propriation from which funds were expended to acquire 

8 or grow the seeds or seedlings and are available without 

9 fiscal year limitation. 

10 SEC. 118. The Secretary of the Interior may use or 

11 contract for the use of helicopters or motor vehicles on 

12 the Sheldon and Hart National Wildlife Refuges for the 

13 purpose of capturing and transporting horses and burros. 

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

15 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such 

16 use. Such use shall be in accordance with humane proce17 dures prescribed by the Secretary. 

18 SEC. 119. (a) LIMITATION ON INCREASES IN CLAIMS

19 MAINTENANCE AND LOCATION FEES.—The fees estab20 lished in 30 U.S.C. 28f and 28g shall not be increased 

21 pursuant to 30 U.S.C. 28j(c)(1) until the Departments of 

22 the Interior and Agriculture have complied with the obli23 gations established in subsections (b) and (c). 

24 (b) ESTABLISHMENT OF PERMIT TRACKING SYS25 TEM.—The Departments of the Interior and Agriculture 
59 

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1 shall establish a nationwide tracking system to determine 

2 and address the length of time from submission of a plan 

3 of operations to mine on public lands to final approval of 

4 such submission. 

5 (c) REPORT.—Within one year of enactment, the De6 partments shall file a detailed report with the House and 

7 Senate Committees on Appropriations and the Committee 

8 on Resources of the House of Representatives and the 

9 Committee on Energy and Natural Resources of the Sen10 ate providing detailed information on the causes of delays 

11 in approval of mining plans of operations and recom12 mending steps to reduce such delays. 

13 SEC. 120. Funds provided in this Act for Federal 

14 land acquisition by the National Park Service for New 

15 Jersey Pinelands Reserve and Ice Age National Scenic 

16 Trail may be used for a grant to a State, a local govern17 ment, or any other land management entity for the acqui18 sition of lands without regard to any restriction on the 

19 use of Federal land acquisition funds provided through the 

20 Land and Water Conservation Fund Act of 1965 as 

21 amended. 

22 SEC. 121. None of the funds made available by this 

23 Act may be obligated or expended by the National Park 

24 Service to enter into or implement a concession contract 
60 

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1 which permits or requires the removal of the underground 

2 lunchroom at the Carlsbad Caverns National Park. 

3 SEC. 122. None of the funds in this or any other Act 

4 can be used to compensate the Special Master and the 

5 Special Master-Monitor, and all variations thereto, ap6 pointed by the United States District Court for the Dis7 trict of Columbia in the Cobell v. Norton litigation at an 

8 annual rate that exceeds 200 percent of the highest Senior 

9 Executive Service rate of pay for the Washington-Balti10 more locality pay area. 

11 SEC. 123. The Secretary of the Interior may use dis12 cretionary funds to pay private attorneys fees and costs 

13 for employees and former employees of the Department 

14 of the Interior reasonably incurred in connection with 

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

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

17 insurance. In no case shall the Secretary make payments 

18 under this section that would result in payment of hourly 

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

20 District Court for the District of Columbia for counsel in 

21 Cobell v. Norton. 

22 SEC. 124. (a) IN GENERAL.—Nothing in section 134 

23 of the Department of the Interior and Related Agencies 

24 Appropriations Act, 2002 (115 Stat. 443) affects the deci25 sion of the United States Court of Appeals for the 10th 
61 

S 2804 PCS 

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

2 (2001). 

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

4 section permits the conduct of gaming under the Indian 

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

6 described in section 123 of the Department of the Interior 

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

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

9 of whether the land or contiguous land has been taken 

10 into trust by the Secretary of the Interior. 

11 SEC. 125. No funds appropriated for the Department 

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

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

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

15 water levels required for the operation of the Glen Canyon 

16 Dam. 

17 SEC. 126. Notwithstanding the limitation in subpara18 graph (2)(B) of section 18(a) of the Indian Gaming Regu19 latory Act (25 U.S.C. 2717(a)), the total amount of all 

20 fees imposed by the National Indian Gaming Commission 

21 for fiscal year 2006 shall not exceed $12,000,000. 

22 SEC. 127. Notwithstanding any implementation of 

23 the Department of the Interior’s trust reorganization or 

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

25 Model, funds appropriated for fiscal year 2005 shall be 
62 

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1 available to the tribes within the California Tribal Trust 

2 Reform Consortium and to the Salt River Pima-Maricopa 

3 Indian Community, the Confederated Salish and Kootenai 

4 Tribes of the Flathead Reservation and the Chippewa Cree 

5 Tribe of the Rocky Boys Reservation through the same 

6 methodology as funds were distributed in fiscal year 2003. 

7 This Demonstration Project shall continue to operate sep8 arate and apart from the Department of the Interior’s 

9 trust reform and reorganization and the Department shall 

10 not impose its trust management infrastructure upon or 

11 alter the existing trust resource management systems of 

12 the above referenced tribes having a self-governance com13 pact and operating in accordance with the Tribal Self-Gov14 ernance Program set forth in 25 U.S.C. Sections 458aa– 

15 458hh: Provided, That the California Trust Reform Con16 sortium and any other participating tribe agree to carry 

17 out their responsibilities under the same written and im18 plemented fiduciary standards as those being carried by 

19 the Secretary of the Interior: Provided further, That they 

20 demonstrate to the satisfaction of the Secretary that they 

21 have the capability to do so: Provided further, That the 

22 Department shall provide funds to the tribes in an amount 

23 equal to that required by 25 U.S.C. Section 458cc(g)(3), 

24 including funds specifically or functionally related to the 

25 provision of trust services to the tribes or their members. 
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1 SEC. 128. Nonrenewable grazing permits authorized 

2 in the Jarbidge Field Office, Bureau of Land Management 

3 within the past eight years shall be renewed under section 

4 402 of the Federal Land Policy and Management Act of 

5 1976, as amended (43 U.S.C. 1752) and under section 

6 3 of the Taylor Grazing Act of 1934, as amended (43 

7 U.S.C. 315b). The terms and conditions contained in the 

8 most recently expired nonrenewable grazing permit shall 

9 continue in effect under the renewed permit. Upon comple10 tion of any required analysis or documentation, the permit 

11 may be canceled, suspended or modified, in whole or in 

12 part, to meet the requirements of applicable laws and reg13 ulations. Nothing in this section shall be deemed to extend 

14 the nonrenewable permits beyond the standard 1-year 

15 term. 

16 SEC. 129. Sec. 101(d) of division A of Public Law 

17 104–208 (110 Stat. 3009–200) under Title I, General 

18 Provisions, Section 113, is amended immediately following 

19 the last word in the fourth proviso by adding the phrase, 

20 ‘‘or to be used by the agency or subagency responsible for 

21 administering the franchise fund for the acquisition of 

22 capital equipment, and for the improvement and imple23 mentation of financial management, ADP, and other sup24 port systems’’. 
64 

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1 SEC. 130. Pursuant to section 10101f(d)(3) of the 

2 Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 

3 28f(d)(3)), the following claim shall be given notice of de4 fect and the opportunity to cure: FF–61472. 

5 SEC. 131. Section 702(b)(2) of Public Law 107–282 

6 (116 Stat. 2013) is amended by striking ‘‘that if the land’’ 

7 and all that follows through ‘‘conveyed by the Founda8 tion.’’ and inserting the following: ‘‘that provides that (ex9 cept in a case in which the proceeds of a lease are provided 

10 to the Foundation to carry out the purposes for which the 

11 Foundation was established), if the land described in para12 graph (3) is sold, leased, or otherwise conveyed by the 

13 Foundation—’’. 

14 SEC. 132. AMENDMENT OF THE SURFACE MINING

15 CONTROL AND RECLAMATION ACT OF 1977. Section 

16 402(b) of the Surface Mining Control and Reclamation 

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

18 ‘‘September 30, 2004’’ and inserting ‘‘June 30, 2005’’. 

19 SEC. 133. Notwithstanding any other provision of 

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

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

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

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

24 of operating and maintaining facilities in the support of 

25 transportation and accommodation of visitors to Ellis, 
65 

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

2 administrative activities, by donation or with appropriated 

3 funds, including franchise fees (and other monetary con4 sideration), or by exchange; and the Secretary is author5 ized to negotiate and enter into leases, subleases, conces6 sion contracts or other agreements for the use of such fa7 cilities on such terms and conditions as the Secretary may 

8 determine reasonable. 

9 TITLE II—RELATED AGENCIES 

10 DEPARTMENT OF AGRICULTURE 

11 FOREST SERVICE

12 FOREST AND RANGELAND RESEARCH

13 For necessary expenses of forest and rangeland re14 search as authorized by law, $279,883,000, to remain 

15 available until expended. 

16 STATE AND PRIVATE FORESTRY

17 For necessary expenses of cooperating with and pro18 viding technical and financial assistance to States, terri19 tories, possessions, and others, and for forest health man20 agement, including treatments of pests, pathogens, and 

21 invasive or noxious plants and for restoring and rehabili22 tating forests damaged by pests or invasive plants, cooper23 ative forestry, and education and land conservation activi24 ties and conducting an international program as author25 ized, $291,169,000, to remain available until expended, as 

26 authorized by law, of which $76,329,000 is to be derived 
66 

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1 from the Land and Water Conservation Fund: Provided, 

2 That none of the funds provided under this heading for 

3 the acquisition of lands or interests in lands shall be avail4 able until the Forest Service notifies the House Committee 

5 on Appropriations and the Senate Committee on Appro6 priations, in writing, of specific contractual and grant de7 tails including the non-Federal cost share of each project, 

8 related to the acquisition of lands or interests in lands to 

9 be undertaken with such funds: Provided further, That 

10 each forest legacy grant shall be for a specific project or 

11 set of specific tasks: Provided further, That grants for ac12 quisition of lands or conservation easements shall require 

13 that the State demonstrates that 25 percent of the total 

14 value of the project is comprised of a non-Federal cost 

15 share: Provided further, That notwithstanding any other 

16 provision of law, of the funds provided under this heading, 

17 $1,000,000 shall be made available to Kake Tribal Cor18 poration as an advance direct lump sum payment to imple19 ment the Kake Tribal Corporation Land Transfer Act 

20 (Public Law 106–283). 

21 NATIONAL FOREST SYSTEM

22 For necessary expenses of the Forest Service, not 

23 otherwise provided for, for management, protection, im24 provement, and utilization of the National Forest System, 

25 $1,387,149,000, to remain available until expended, which 

26 shall include 50 percent of all moneys received during 
67 

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1 prior fiscal years as fees collected under the Land and 

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

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

4 6a(i)): Provided, That unobligated balances under this 

5 heading available at the start of fiscal year 2005 shall be 

6 displayed by budget line item in the fiscal year 2006 budg7 et justification: Provided further, That the Secretary may 

8 authorize the expenditure or transfer of such sums as nec9 essary to the Department of the Interior, Bureau of Land 

10 Management, for removal, preparation, and adoption of 

11 excess wild horses and burros from National Forest Sys12 tem lands, and for the performance of cadastral surveys 

13 to designate the boundaries of such lands: Provided fur14 ther, That of the funds provided under this heading for 

15 Forest Products, $5,000,000 shall be allocated to the 

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

17 purposes of preparing additional timber for sale, to estab18 lish a 3-year timber supply and such funds may be trans19 ferred to other appropriations accounts as necessary to 

20 maximize accomplishment: Provided further, That within 

21 funds available for the purpose of implementing the Valles 

22 Caldera Preservation Act, notwithstanding the limitations 

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

24 (Public Law 106–248), for fiscal year 2005, the Chair of 

25 the Board of Trustees of the Valles Caldera Trust may 
68 

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1 receive, upon request, compensation for each day (includ2 ing travel time) that the Chair is engaged in the perform3 ance of the functions of the Board, except that compensa4 tion shall not exceed the daily equivalent of the annual 

5 rate in effect for members of the Senior Executive Service 

6 at the ES–1 level, and shall be in addition to any reim7 bursement for travel, subsistence and other necessary ex8 penses incurred by the Chair in the performance of the 

9 Chair’s duties. 

10 WILDLAND FIRE MANAGEMENT

11 For necessary expenses for forest fire presuppression 

12 activities on National Forest System lands, for emergency 

13 fire suppression on or adjacent to such lands or other 

14 lands under fire protection agreement, hazardous fuels re15 duction on or adjacent to such lands, and for emergency 

16 rehabilitation of burned-over National Forest System 

17 lands and water, $1,703,897,000, to remain available until 

18 expended: Provided, That such funds including unobli19 gated balances under this head, are available for repay20 ment of advances from other appropriations accounts pre21 viously transferred for such purposes: Provided further, 

22 That such funds shall be available to reimburse State and 

23 other cooperating entities for services provided in response 

24 to wildfire and other emergencies or disasters to the extent 

25 such reimbursements by the Forest Service for non-fire 

26 emergencies are fully repaid by the responsible emergency 
69 

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1 management agency: Provided further, That not less than 

2 50 percent of any unobligated balances remaining (exclu3 sive of amounts for hazardous fuels reduction) at the end 

4 of fiscal year 2004 shall be transferred, as repayment for 

5 past advances that have not been repaid, to the fund es6 tablished pursuant to section 3 of Public Law 71–319 (16 

7 U.S.C. 576 et seq.): Provided further, That notwith8 standing any other provision of law, $8,000,000 of funds 

9 appropriated under this appropriation shall be used for 

10 Fire Science Research in support of the Joint Fire Science 

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

12 of funds, including the use of contracts, grants, and coop13 erative agreements, available to execute the Forest and 

14 Rangeland Research appropriation, are also available in 

15 the utilization of these funds for Fire Science Research: 

16 Provided further, That funds provided shall be available 

17 for emergency rehabilitation and restoration, hazardous 

18 fuels reduction activities in the urban-wildland interface, 

19 support to Federal emergency response, and wildfire sup20 pression activities of the Forest Service: Provided further, 

21 That of the funds provided, $266,238,000 is for hazardous 

22 fuels reduction activities, $3,000,000 is for rehabilitation 

23 and restoration, $20,861,000 is for research activities and 

24 to make competitive research grants pursuant to the For25 est and Rangeland Renewable Resources Research Act, as 
70 

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1 amended (16 U.S.C. 1641 et seq.), $40,745,000 is for 

2 State fire assistance, $8,000,000 is for volunteer fire as3 sistance, $12,653,000 is for forest health activities on 

4 State, private, and Federal lands: Provided further, That 

5 amounts in this paragraph may be transferred to the 

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

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

8 State fire assistance, volunteer fire assistance, forest 

9 health management, forest and rangeland research, vege10 tation and watershed management, heritage site rehabili11 tation, and wildlife and fish habitat management and res12 toration: Provided further, That transfers of any amounts 

13 in excess of those authorized in this paragraph, shall re14 quire approval of the House and Senate Committees on 

15 Appropriations in compliance with reprogramming proce16 dures contained in House Report 108–330: Provided fur17 ther, That the costs of implementing any cooperative 

18 agreement between the Federal Government and any non19 Federal entity may be shared, as mutually agreed on by 

20 the affected parties: Provided further, That in addition to 

21 funds provided for State Fire Assistance programs, and 

22 subject to all authorities available to the Forest Service 

23 under the State and Private Forestry Appropriations, up 

24 to $15,000,000 may be used on adjacent non-Federal 

25 lands for the purpose of protecting communities when haz-
71 

S 2804 PCS 

1 ard reduction activities are planned on national forest 

2 lands that have the potential to place such communities 

3 at risk: Provided further, That included in funding for haz4 ardous fuel reduction is $5,000,000 for implementing the 

5 Community Forest Restoration Act, Public Law 106–393, 

6 title VI, and any portion of such funds shall be available 

7 for use on non-Federal lands in accordance with authori8 ties available to the Forest Service under the State and 

9 Private Forestry Appropriation: Provided further, That 

10 the Secretary of the Interior and the Secretary of Agri11 culture may authorize the transfer of funds appropriated 

12 for wildland fire management, in an aggregate amount not 

13 to exceed $12,000,000, between the Departments when 

14 such transfers would facilitate and expedite jointly funded 

15 wildland fire management programs and projects. 

16 CAPITAL IMPROVEMENT AND MAINTENANCE

17 For necessary expenses of the Forest Service, not 

18 otherwise provided for, $516,169,000, to remain available 

19 until expended for construction, reconstruction, mainte20 nance and acquisition of buildings and other facilities, and 

21 for construction, reconstruction, repair, decommissioning, 

22 and maintenance of forest roads and trails by the Forest 

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

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

25 of the funds provided herein for road maintenance shall 

26 be available for the decommissioning of roads, including 
72 

S 2804 PCS 

1 unauthorized roads not part of the transportation system, 

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

3 funds shall be expended to decommission any system road 

4 until notice and an opportunity for public comment has 

5 been provided on each decommissioning project. 

6 LAND ACQUISITION

7 For expenses necessary to carry out the provisions 

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

9 as amended (16 U.S.C. 460l–4 through 11), including ad10 ministrative expenses, and for acquisition of land or wa11 ters, or interest therein, in accordance with statutory au12 thority applicable to the Forest Service, $82,524,000, to 

13 be derived from the Land and Water Conservation Fund 

14 and to remain available until expended. 

15 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

16 ACTS

17 For acquisition of lands within the exterior bound18 aries of the Cache, Uinta, and Wasatch National Forests, 

19 Utah; the Toiyabe National Forest, Nevada; and the An20 geles, San Bernardino, Sequoia, and Cleveland National 

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

22 be derived from forest receipts. 

23 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

25 from funds deposited by State, county, or municipal gov26 ernments, public school districts, or other public school au-
73 

S 2804 PCS 

1 thorities, and for authorized expenditures from funds de2 posited by non-Federal parties pursuant to Land Sale and 

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

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

5 expended. 

6 RANGE BETTERMENT FUND

7 For necessary expenses of range rehabilitation, pro8 tection, and improvement, 50 percent of all moneys re9 ceived during the prior fiscal year, as fees for grazing do10 mestic livestock on lands in National Forests in the 16 

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

12 Law 94–579, as amended, to remain available until ex13 pended, of which not to exceed 6 percent shall be available 

14 for administrative expenses associated with on-the-ground 

15 range rehabilitation, protection, and improvements. 

16 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

17 RANGELAND RESEARCH

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

19 $65,000, to remain available until expended, to be derived 

20 from the fund established pursuant to the above Act. 

21 MANAGEMENT OF NATIONAL FOREST LANDS FOR

22 SUBSISTENCE USES

23 For necessary expenses of the Forest Service to man24 age Federal lands in Alaska for subsistence uses under 

25 title VIII of the Alaska National Interest Lands Conserva-
74 

S 2804 PCS 

1 tion Act (Public Law 96–487), $5,962,000, to remain 

2 available until expended. 

3 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

4 Appropriations to the Forest Service for the current 

5 fiscal year shall be available for: (1) purchase of not to 

6 exceed 124 passenger motor vehicles of which 21 will be 

7 used primarily for law enforcement purposes and of which 

8 124 shall be for replacement; acquisition of 25 passenger 

9 motor vehicles from excess sources, and hire of such vehi10 cles; purchase, operation, maintenance, and acquisition of 

11 aircraft from excess sources to maintain the operable fleet 

12 at 195 aircraft for use in Forest Service wildland fire pro13 grams and other Forest Service programs; notwith14 standing other provisions of law, existing aircraft being 

15 replaced may be sold, with proceeds derived or trade-in 

16 value used to offset the purchase price for the replacement 

17 aircraft; (2) services pursuant to 7 U.S.C. 2225, and not 

18 to exceed $100,000 for employment under 5 U.S.C. 3109; 

19 (3) purchase, erection, and alteration of buildings and 

20 other public improvements (7 U.S.C. 2250); (4) acquisi21 tion of land, waters, and interests therein pursuant to 7 

22 U.S.C. 428a; (5) for expenses pursuant to the Volunteers 

23 in the National Forest Act of 1972 (16 U.S.C. 558a, 

24 558d, and 558a note); (6) the cost of uniforms as author25 ized by 5 U.S.C. 5901–5902; and (7) for debt collection 

26 contracts in accordance with 31 U.S.C. 3718(c). 
75 

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1 None of the funds made available under this Act shall 

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

3 or close any regional office for National Forest System 

4 administration of the Forest Service, Department of Agri5 culture without the consent of the House and Senate Com6 mittees on Appropriations. 

7 Any appropriations or funds available to the Forest 

8 Service may be transferred to the Wildland Fire Manage9 ment appropriation for forest firefighting, emergency re10 habilitation of burned-over or damaged lands or waters 

11 under its jurisdiction, and fire preparedness due to severe 

12 burning conditions if and only if all previously appro13 priated emergency contingent funds under the heading 

14 ‘‘Wildland Fire Management’’ have been released by the 

15 President and apportioned and all wildfire suppression 

16 funds under the heading ‘‘Wildland Fire Management’’ 

17 are obligated. 

18 Funds appropriated to the Forest Service shall be 

19 available for assistance to or through the Agency for Inter20 national Development and the Foreign Agricultural Serv21 ice in connection with forest and rangeland research, tech22 nical information, and assistance in foreign countries, and 

23 shall be available to support forestry and related natural 

24 resource activities outside the United States and its terri25 tories and possessions, including technical assistance, edu-
76 

S 2804 PCS 

1 cation and training, and cooperation with United States 

2 and international organizations. 

3 None of the funds made available to the Forest Serv4 ice under this Act shall be subject to transfer under the 

5 provisions of section 702(b) of the Department of Agri6 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 

7 147b unless the proposed transfer is approved in advance 

8 by the House and Senate Committees on Appropriations 

9 in compliance with the reprogramming procedures con10 tained in House Report 108–330. 

11 None of the funds appropriated or otherwise made 

12 available by this Act shall be used to pay the salaries and 

13 expenses of personnel to carry out section 8002 of the 

14 Farm Security and Rural Investment Act of 2002. Not 

15 less than $40,000,000 of funds under such section is here16 by canceled. 

17 None of the funds available to the Forest Service may 

18 be reprogrammed without the advance approval of the 

19 House and Senate Committees on Appropriations in ac20 cordance with the reprogramming procedures contained in 

21 the statement of managers accompanying this Act. 

22 Not more than $72,467,000 of the funds available to 

23 the Forest Service shall be transferred to the Working 

24 Capital Fund of the Department of Agriculture. 
77 

S 2804 PCS 

1 Funds available to the Forest Service shall be avail2 able to conduct a program of not less than $2,000,000 

3 for high priority projects within the scope of the approved 

4 budget which shall be carried out by the Youth Conserva5 tion Corps. 

6 Of the funds available to the Forest Service, $2,500 

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

8 reception and representation expenses. 

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

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

11 $3,000,000 may be advanced in a lump sum to the Na12 tional Forest Foundation to aid conservation partnership 

13 projects in support of the Forest Service mission, without 

14 regard to when the Foundation incurs expenses, for ad15 ministrative expenses or projects on or benefitting Na16 tional Forest System lands or related to Forest Service 

17 programs: Provided, That of the Federal funds made 

18 available to the Foundation, no more than $350,000 shall 

19 be available for administrative expenses: Provided further, 

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

21 of Federal financial assistance, private contributions to 

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

23 by the Forest Service: Provided further, That the Founda24 tion may transfer Federal funds to a non-Federal recipient 

25 for a project at the same rate that the recipient has ob-
78 

S 2804 PCS 

1 tained the non-Federal matching funds: Provided further, 

2 That authorized investments of Federal funds held by the 

3 Foundation may be made only in interest-bearing obliga4 tions of the United States or in obligations guaranteed as 

5 to both principal and interest by the United States. 

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

7 $2,650,000 of the funds available to the Forest Service 

8 shall be available for matching funds to the National Fish 

9 and Wildlife Foundation, as authorized by 16 U.S.C. 

10 3701–3709, and may be advanced in a lump sum to aid 

11 conservation partnership projects in support of the Forest 

12 Service mission, without regard to when expenses are in13 curred, for projects on or benefitting National Forest Sys14 tem lands or related to Forest Service programs: Provided, 

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

16 of Federal financial assistance, private contributions to 

17 match on at least one-for-one basis funds advanced by the 

18 Forest Service: Provided further, That the Foundation 

19 may transfer Federal funds to a non-Federal recipient for 

20 a project at the same rate that the recipient has obtained 

21 the non-Federal matching funds. 

22 Funds appropriated to the Forest Service shall be 

23 available for interactions with and providing technical as24 sistance to rural communities for sustainable rural devel25 opment purposes. 
79 

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1 Funds appropriated to the Forest Service shall be 

2 available for payments to counties within the Columbia 

3 River Gorge National Scenic Area, pursuant to sections 

4 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

5 663. 

6 Notwithstanding any other provision of law, any ap7 propriations or funds available to the Forest Service not 

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

9 of the General Counsel (OGC), Department of Agri10 culture, for travel and related expenses incurred as a re11 sult of OGC assistance or participation requested by the 

12 Forest Service at meetings, training sessions, management 

13 reviews, land purchase negotiations and similar non-litiga14 tion related matters. Future budget justifications for both 

15 the Forest Service and the Department of Agriculture 

16 should clearly display the sums previously transferred and 

17 the requested funding transfers. 

18 Any appropriations or funds available to the Forest 

19 Service may be used for necessary expenses in the event 

20 of law enforcement emergencies as necessary to protect 

21 natural resources and public or employee safety: Provided, 

22 That such amounts shall not exceed $1,000,000. 

23 The Secretary of Agriculture may authorize the sale 

24 of excess buildings, facilities, and other properties owned 

25 by the Forest Service and located on the Green Mountain 
80 

S 2804 PCS 

1 National Forest, the revenues of which shall be retained 

2 by the Forest Service and available to the Secretary with3 out further appropriation and until expended for mainte4 nance and rehabilitation activities on the Green Mountain 

5 National Forest. 

6 The Secretary of Agriculture may transfer or reim7 burse funds available to the Forest Service, not to exceed 

8 $15,000,000, to the Secretary of the Interior or the Sec9 retary of Commerce to expedite conferencing and consulta10 tions as required under section 7 of the Endangered Spe11 cies Act, 16 U.S.C. 1536. The amount of the transfer or 

12 reimbursement shall be as mutually agreed by the Sec13 retary of Agriculture and the Secretary of the Interior or 

14 Secretary of Commerce, as applicable, or their designees. 

15 The amount shall in no case exceed the actual costs of 

16 consultation and conferencing. 

17 Beginning on June 30, 2001 and concluding on De18 cember 31, 2005, an eligible individual who is employed 

19 in any project funded under title V of the Older American 

20 Act of 1965 (42 U.S.C. 3056 et seq.) and administered 

21 by the Forest Service shall be considered to be a Federal 

22 employee for purposes of chapter 171 of title 28, United 

23 States Code. 

24 Any funds appropriated to the Forest Service may 

25 be used to meet the non-Federal share requirement in sec-
81 

S 2804 PCS 

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

2 3056(c)(2)). 

3 Funds available to the Forest Service in this Act may 

4 be used for the purpose of expenses associated with pri5 mary and secondary schooling for dependents of agency 

6 personnel stationed in Puerto Rico prior to the date of 

7 enactment of this Act, who are subject to transfer and 

8 reassignment to other locations in the United States, at 

9 a cost not in excess of those authorized for the Depart10 ment of Defense for the same area, when it is determined 

11 by the Chief of the Forest Service that public schools 

12 available in the locality are unable to provide adequately 

13 for the education of such dependents. 

14 The Secretary of Agriculture may authorize the sale 

15 of excess buildings, facilities, and other properties owned 

16 by the Forest Service and located on the Wasatch-Cache 

17 National Forest, the revenues of which shall be retained 

18 by the Forest Service and available to the Secretary with19 out further appropriation and until expended for acquisi20 tion and construction of administrative sites on the 

21 Wasatch-Cache National Forest. 
82 

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1 DEPARTMENT OF ENERGY 

2 CLEAN COAL TECHNOLOGY

3 (DEFERRAL)

4 Of the funds made available under this heading for 

5 obligation in prior years, $257,000,000 shall not be avail6 able until October 1, 2005: Provided, That funds made 

7 available in previous appropriations Acts shall be available 

8 for any ongoing project regardless of the separate request 

9 for proposal under which the project was selected. 

10 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

11 For necessary expenses in carrying out fossil energy 

12 research and development activities, under the authority 

13 of the Department of Energy Organization Act (Public 

14 Law 95–91), including the acquisition of interest, includ15 ing defeasible and equitable interests in any real property 

16 or any facility or for plant or facility acquisition or expan17 sion, and for conducting inquiries, technological investiga18 tions and research concerning the extraction, processing, 

19 use, and disposal of mineral substances without objection20 able social and environmental costs (30 U.S.C. 3, 1602, 

21 and 1603), $542,529,000, to remain available until ex22 pended: Provided, That of the amounts provided, 

23 $7,000,000 is to continue a multi-year project for con24 struction, renovation, furnishing, and demolition or re25 moval of buildings at National Energy Technology Lab26 oratory facilities in Morgantown, West Virginia and Pitts-
83 

S 2804 PCS 

1 burgh, Pennsylvania: Provided further, That of the 

2 amounts provided, $18,000,000 is to continue a multi-year 

3 project coordinated with the private sector for FutureGen, 

4 without regard to the terms and conditions applicable to 

5 clean coal technology projects: Provided further, That the 

6 initial planning and research stages of the FutureGen 

7 project shall include a matching requirement from non8 Federal sources of at least 20 percent of the costs: Pro9 vided further, That any demonstration component of such 

10 project shall require a matching requirement from non11 Federal sources of at least 50 percent of the costs of the 

12 component: Provided further, That of the amounts pro13 vided, $50,000,000 is available, after coordination with 

14 the private sector, for a request for proposals for a Clean 

15 Coal Power Initiative providing for competitively-awarded 

16 research, development, and demonstration projects to re17 duce the barriers to continued and expanded coal use: Pro18 vided further, That no project may be selected for which 

19 sufficient funding is not available to provide for the total 

20 project: Provided further, That funds shall be expended in 

21 accordance with the provisions governing the use of funds 

22 contained under the heading ‘‘Clean Coal Technology’’ in 

23 42 U.S.C. 5903d: Provided further, That the Department 

24 may include provisions for repayment of Government con25 tributions to individual projects in an amount up to the 
84 

S 2804 PCS 

1 Government contribution to the project on terms and con2 ditions that are acceptable to the Department including 

3 repayments from sale and licensing of technologies from 

4 both domestic and foreign transactions: Provided further, 

5 That such repayments shall be retained by the Depart6 ment for future coal-related research, development and 

7 demonstration projects: Provided further, That any tech8 nology selected under this program shall be considered a 

9 Clean Coal Technology, and any project selected under 

10 this program shall be considered a Clean Coal Technology 

11 Project, for the purposes of 42 U.S.C. 7651n, and Chap12 ters 51, 52, and 60 of title 40 of the Code of Federal 

13 Regulations: Provided further, That no part of the sum 

14 herein made available shall be used for the field testing 

15 of nuclear explosives in the recovery of oil and gas: Pro16 vided further, That up to 4 percent of program direction 

17 funds available to the National Energy Technology Lab18 oratory may be used to support Department of Energy 

19 activities not included in this account. 

20 NAVAL PETROLEUM AND OIL SHALE RESERVES

21 For expenses necessary to carry out naval petroleum 

22 and oil shale reserve activities, $18,000,000, to remain 

23 available until expended: Provided, That, notwithstanding 

24 any other provision of law, unobligated funds remaining 

25 from prior years shall be available for all naval petroleum 

26 and oil shale reserve activities. 
85 

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1 ELK HILLS SCHOOL LANDS FUND

2 For payments as authorized by section 3415 of Pub3 lic Law 104–106, $36,000,000, to become available on Oc4 tober 1, 2005, for payment to the State of California for 

5 the State Teachers’ Retirement Fund from the Elk Hills 

6 School Lands Fund. 

7 ENERGY CONSERVATION

8 For necessary expenses in carrying out energy con9 servation activities, $854,299,000, to remain available 

10 until expended: Provided, That $273,798,000 shall be for 

11 use in energy conservation grant programs as defined in 

12 section 3008(3) of Public Law 99–509 (15 U.S.C. 4507): 

13 Provided further, That notwithstanding section 3003(d)(2) 

14 of Public Law 99–509, such sums shall be allocated to 

15 the eligible programs as follows: $230,000,000 for weath16 erization assistance grants and $43,798,000 for State en17 ergy program grants. 

18 STRATEGIC PETROLEUM RESERVE

19 For necessary expenses for Strategic Petroleum Re20 serve facility development and operations and program 

21 management activities pursuant to the Energy Policy and 

22 Conservation Act of 1975, as amended (42 U.S.C. 6201 

23 et seq.), $172,100,000, to remain available until expended. 

24 NORTHEAST HOME HEATING OIL RESERVE

25 For necessary expenses for Northeast Home Heating 

26 Oil Reserve storage, operations, and management activi-
86 

S 2804 PCS 

1 ties pursuant to the Energy Policy and Conservation Act 

2 of 2000, $5,000,000, to remain available until expended. 

3 ENERGY INFORMATION ADMINISTRATION

4 For necessary expenses in carrying out the activities 

5 of the Energy Information Administration, $84,000,000, 

6 to remain available until expended. 

7 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

8 Appropriations under this Act for the current fiscal 

9 year shall be available for hire of passenger motor vehicles; 

10 hire, maintenance, and operation of aircraft; purchase, re11 pair, and cleaning of uniforms; and reimbursement to the 

12 General Services Administration for security guard serv13 ices. 

14 From appropriations under this Act, transfers of 

15 sums may be made to other agencies of the Government 

16 for the performance of work for which the appropriation 

17 is made. 

18 None of the funds made available to the Department 

19 of Energy under this Act shall be used to implement or 

20 finance authorized price support or loan guarantee pro21 grams unless specific provision is made for such programs 

22 in an appropriations Act. 

23 The Secretary is authorized to accept lands, build24 ings, equipment, and other contributions from public and 

25 private sources and to prosecute projects in cooperation 

26 with other agencies, Federal, State, private or foreign: 
87 

S 2804 PCS 

1 Provided, That revenues and other moneys received by or 

2 for the account of the Department of Energy or otherwise 

3 generated by sale of products in connection with projects 

4 of the Department appropriated under this Act may be 

5 retained by the Secretary of Energy, to be available until 

6 expended, and, subject to appropriation in advance within 

7 two years of such receipt, be used only for plant construc8 tion, operation, costs, and payments to cost-sharing enti9 ties as provided in appropriate cost-sharing contracts or 

10 agreements: Provided further, That the remainder of reve11 nues after the making of such payments shall be covered, 

12 amounts in excess of such appropriations shall be covered 

13 into the Treasury as miscellaneous receipts: Provided fur14 ther, That any contract, agreement, or provision thereof 

15 entered into by the Secretary pursuant to this authority 

16 shall not be executed prior to the expiration of 30 calendar 

17 days (not including any day in which either House of Con18 gress is not in session because of adjournment of more 

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

20 by the Speaker of the House of Representatives and the 

21 President of the Senate of a full comprehensive report on 

22 such project, including the facts and circumstances relied 

23 upon in support of the proposed project. 

24 No funds provided in this Act may be expended by 

25 the Department of Energy to prepare, issue, or process 
88 

S 2804 PCS 

1 procurement documents for programs or projects for 

2 which appropriations have not been made. 

3 In addition to other authorities set forth in this Act, 

4 the Secretary may accept fees and contributions from pub5 lic and private sources, to be deposited in a contributed 

6 funds account, and prosecute projects using such fees and 

7 contributions in cooperation with other Federal, State or 

8 private agencies or concerns. 

9 DEPARTMENT OF HEALTH AND HUMAN 

10 SERVICES 

11 INDIAN HEALTH SERVICE

12 INDIAN HEALTH SERVICES

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

16 titles II and III of the Public Health Service Act with re17 spect to the Indian Health Service, $2,633,624,000, to18 gether with payments received during the fiscal year pur19 suant to 42 U.S.C. 238(b) for services furnished by the 

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

22 grant agreements, or any other agreements or compacts 

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

25 deemed to be obligated at the time of the grant or contract 
89 

S 2804 PCS 

1 award and thereafter shall remain available to the tribe 

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

5 Emergency Fund: Provided further, That $491,085,000 

6 for contract medical care shall remain available for obliga7 tion until September 30, 2006: Provided further, That of 

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

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

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

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

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

15 which the funds are appropriated: Provided further, That 

16 the amounts collected by the Secretary of Health and 

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

19 until expended for the purpose of achieving compliance 

20 with the applicable conditions and requirements of titles 

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

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

24 earlier appropriations Acts for scholarship programs 

25 under the Indian Health Care Improvement Act (25 
90 

S 2804 PCS 

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

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

5 available to the receiving tribes and tribal organizations 

6 until expended: Provided further, That, notwithstanding 

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

8 not to exceed $267,398,000 shall be for payments to tribes 

9 and tribal organizations for contract or grant support 

10 costs associated with contracts, grants, self-governance 

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

14 amended, prior to or during fiscal year 2005, of which 

15 not to exceed $2,500,000 may be used for contract sup16 port costs associated with new or expanded self-determina17 tion contracts, grants, self-governance compacts or annual 

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

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

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

23 Service, $16,000,000 is provided for alcohol control, en24 forcement, prevention, treatment, sobriety and wellness, 

25 and education in Alaska: Provided further, That none of 
91 

S 2804 PCS 

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

2 programs or any program that is not directly related to 

3 alcohol control, enforcement, prevention, treatment, or so4 briety: Provided further, That no more than 10 percent 

5 may be used by any entity receiving funding for adminis6 trative overhead including indirect costs. 

7 INDIAN HEALTH FACILITIES

8 For construction, repair, maintenance, improvement, 

9 and equipment of health and related auxiliary facilities, 

10 including quarters for personnel; preparation of plans, 

11 specifications, and drawings; acquisition of sites, purchase 

12 and erection of modular buildings, and purchases of trail13 ers; and for provision of domestic and community sanita14 tion facilities for Indians, as authorized by section 7 of 

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

16 Self-Determination Act, and the Indian Health Care Im17 provement Act, and for expenses necessary to carry out 

18 such Acts and titles II and III of the Public Health Serv19 ice Act with respect to environmental health and facilities 

20 support activities of the Indian Health Service, 

21 $364,148,000, to remain available until expended: Pro22 vided, That notwithstanding any other provision of law, 

23 funds appropriated for the planning, design, construction 

24 or renovation of health facilities for the benefit of an In25 dian tribe or tribes may be used to purchase land for sites 

26 to construct, improve, or enlarge health or related facili-
92 

S 2804 PCS 

1 ties: Provided further, That not to exceed $500,000 shall 

2 be used by the Indian Health Service to purchase 

3 TRANSAM equipment from the Department of Defense 

4 for distribution to the Indian Health Service and tribal 

5 facilities: Provided further, That none of the funds appro6 priated to the Indian Health Service may be used for sani7 tation facilities construction for new homes funded with 

8 grants by the housing programs of the United States De9 partment of Housing and Urban Development: Provided 

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

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

12 by the Indian Health Service to obtain ambulances for the 

13 Indian Health Service and tribal facilities in conjunction 

14 with an existing interagency agreement between the In15 dian Health Service and the General Services Administra16 tion: Provided further, That notwithstanding any other 

17 provision of law, the Indian Health Service is authorized 

18 to construct a replacement health care facility in Nome, 

19 Alaska, on land owned by the Norton Sound Regional 

20 Health Corporation: Provided further, That notwith21 standing any other provision of law, funds appropriated 

22 for the planning, design, and construction of the replace23 ment health care facility in Barrow, Alaska, may be used 

24 to purchase land up to approximately 8 hectares for a site 

25 upon which to construct the new health care facility: Pro-
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1 vided further, That not to exceed $500,000 shall be placed 

2 in a Demolition Fund, available until expended, to be used 

3 by the Indian Health Service for demolition of Federal 

4 buildings. 

5 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

6 Appropriations in this Act to the Indian Health Serv7 ice shall be available for services as authorized by 5 U.S.C. 

8 3109 but at rates not to exceed the per diem rate equiva9 lent to the maximum rate payable for senior-level positions 

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

11 aircraft; purchase of medical equipment; purchase of re12 prints; purchase, renovation and erection of modular 

13 buildings and renovation of existing facilities; payments 

14 for telephone service in private residences in the field, 

15 when authorized under regulations approved by the Sec16 retary; and for uniforms or allowances therefor as author17 ized by 5 U.S.C. 5901–5902; and for expenses of attend18 ance at meetings which are concerned with the functions 

19 or activities for which the appropriation is made or which 

20 will contribute to improved conduct, supervision, or man21 agement of those functions or activities. 

22 In accordance with the provisions of the Indian 

23 Health Care Improvement Act, non-Indian patients may 

24 be extended health care at all tribally administered or In25 dian Health Service facilities, subject to charges, and the 

26 proceeds along with funds recovered under the Federal 
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1 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

2 be credited to the account of the facility providing the 

3 service and shall be available without fiscal year limitation. 

4 Notwithstanding any other law or regulation, funds trans5 ferred from the Department of Housing and Urban Devel6 opment to the Indian Health Service shall be administered 

7 under Public Law 86–121 (the Indian Sanitation Facili8 ties Act) and Public Law 93–638, as amended. 

9 Funds appropriated to the Indian Health Service in 

10 this Act, except those used for administrative and program 

11 direction purposes, shall not be subject to limitations di12 rected at curtailing Federal travel and transportation. 

13 None of the funds made available to the Indian 

14 Health Service in this Act shall be used for any assess15 ments or charges by the Department of Health and 

16 Human Services unless identified in the budget justifica17 tion and provided in this Act, or approved by the House 

18 and Senate Committees on Appropriations through the re19 programming process. 

20 Notwithstanding any other provision of law, funds 

21 previously or herein made available to a tribe or tribal or22 ganization through a contract, grant, or agreement au23 thorized by title I or title V of the Indian Self-Determina24 tion and Education Assistance Act of 1975 (25 U.S.C. 

25 450), may be deobligated and reobligated to a self-deter-
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1 mination contract under title I, or a self-governance agree2 ment under title V of such Act and thereafter shall remain 

3 available to the tribe or tribal organization without fiscal 

4 year limitation. 

5 None of the funds made available to the Indian 

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

7 final rule published in the Federal Register on September 

8 16, 1987, by the Department of Health and Human Serv9 ices, relating to the eligibility for the health care services 

10 of the Indian Health Service until the Indian Health Serv11 ice has submitted a budget request reflecting the increased 

12 costs associated with the proposed final rule, and such re13 quest has been included in an appropriations Act and en14 acted into law. 

15 With respect to functions transferred by the Indian 

16 Health Service to tribes or tribal organizations, the Indian 

17 Health Service is authorized to provide goods and services 

18 to those entities, on a reimbursable basis, including pay19 ment in advance with subsequent adjustment. The reim20 bursements received therefrom, along with the funds re21 ceived from those entities pursuant to the Indian Self-De22 termination Act, may be credited to the same or subse23 quent appropriation account which provided the funding. 

24 Such amounts shall remain available until expended. 
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1 Reimbursements for training, technical assistance, or 

2 services provided by the Indian Health Service will contain 

3 total costs, including direct, administrative, and overhead 

4 associated with the provision of goods, services, or tech5 nical assistance. 

6 The appropriation structure for the Indian Health 

7 Service may not be altered without advance notice sub8 mitted to the House and Senate Committees on Appro9 priations. 

10 OTHER RELATED AGENCIES 

11 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of Navajo and 

14 Hopi Indian Relocation as authorized by Public Law 93– 

15 531, $5,000,000, to remain available until expended: Pro16 vided, That funds provided in this or any other appropria17 tions Act are to be used to relocate eligible individuals and 

18 groups including evictees from District 6, Hopi-partitioned 

19 lands residents, those in significantly substandard hous20 ing, and all others certified as eligible and not included 

21 in the preceding categories: Provided further, That none 

22 of the funds contained in this or any other Act may be 

23 used by the Office of Navajo and Hopi Indian Relocation 

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

25 November 30, 1985, was physically domiciled on the lands 
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1 partitioned to the Hopi Tribe unless a new or replacement 

2 home is provided for such household: Provided further, 

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

4 or replacement home: Provided further, That the Office 

5 shall relocate any certified eligible relocatees who have se6 lected and received an approved homesite on the Navajo 

7 reservation or selected a replacement residence off the 

8 Navajo reservation or on the land acquired pursuant to 

9 25 U.S.C. 640d–10. 

10 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

11 CULTURE AND ARTS DEVELOPMENT

12 PAYMENT TO THE INSTITUTE

13 For payment to the Institute of American Indian and 

14 Alaska Native Culture and Arts Development, as author15 ized by title XV of Public Law 99–498, as amended (20 

16 U.S.C. 56 part A), $6,000,000, of which up to $1,000,000 

17 may remain available until expended to assist with the In18 stitute’s efforts to develop a Continuing Education Life19 long Learning Center. 

20 SMITHSONIAN INSTITUTION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Smithsonian Institu23 tion, as authorized by law, including research in the fields 

24 of art, science, and history; development, preservation, and 

25 documentation of the National Collections; presentation of 
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1 public exhibits and performances; collection, preparation, 

2 dissemination, and exchange of information and publica3 tions; conduct of education, training, and museum assist4 ance programs; maintenance, alteration, operation, lease 

5 (for terms not to exceed 30 years), and protection of build6 ings, facilities, and approaches; not to exceed $100,000 

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

8 replacement passenger vehicles; purchase, rental, repair, 

9 and cleaning of uniforms for employees, $490,125,000, of 

10 which not to exceed $11,108,000 for the instrumentation 

11 program, collections acquisition, exhibition reinstallation, 

12 the National Museum of African American History and 

13 Culture, and the repatriation of skeletal remains program 

14 shall remain available until expended; and of which 

15 $1,620,000 for fellowships and scholarly awards shall re16 main available until September 30, 2006; and including 

17 such funds as may be necessary to support American over18 seas research centers and a total of $125,000 for the 

19 Council of American Overseas Research Centers: Provided, 

20 That funds appropriated herein are available for advance 

21 payments to independent contractors performing research 

22 services or participating in official Smithsonian presen23 tations: Provided further, That the Smithsonian Institu24 tion may expend Federal appropriations designated in this 

25 Act for lease or rent payments for long term and swing 
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1 space, as rent payable to the Smithsonian Institution, and 

2 such rent payments may be deposited into the general 

3 trust funds of the Institution to the extent that federally 

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

5 building in the District of Columbia: Provided further, 

6 That this use of Federal appropriations shall not be con7 strued as debt service, a Federal guarantee of, a transfer 

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

9 Provided further, That no appropriated funds may be used 

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

11 acquiring the 900 H Street building or of planning, de12 signing, and constructing improvements to such building. 

13 FACILITIES CAPITAL

14 For necessary expenses of repair, revitalization, and 

15 alteration of facilities owned or occupied by the Smithso16 nian Institution, by contract or otherwise, as authorized 

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

18 and for construction, including necessary personnel, 

19 $136,900,000, to remain available until expended, of 

20 which not to exceed $10,000 is for services as authorized 

21 by 5 U.S.C. 3109: Provided, That contracts awarded for 

22 environmental systems, protection systems, and repair or 

23 restoration of facilities of the Smithsonian Institution may 

24 be negotiated with selected contractors and awarded on 

25 the basis of contractor qualifications as well as price. 
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1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

3 For the upkeep and operations of the National Gal4 lery of Art, the protection and care of the works of art 

5 therein, and administrative expenses incident thereto, as 

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

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

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

9 services as authorized by 5 U.S.C. 3109; payment in ad10 vance when authorized by the treasurer of the Gallery for 

11 membership in library, museum, and art associations or 

12 societies whose publications or services are available to 

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

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

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

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

17 purchase or rental of devices and services for protecting 

18 buildings and contents thereof, and maintenance, alter19 ation, improvement, and repair of buildings, approaches, 

20 and grounds; and purchase of services for restoration and 

21 repair of works of art for the National Gallery of Art by 

22 contracts made, without advertising, with individuals, 

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

24 such terms and conditions as the Gallery may deem prop25 er, $92,119,000, of which not to exceed $3,026,000 for 
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1 the special exhibition program shall remain available until 

2 expended. 

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and 

5 renovation of buildings, grounds and facilities owned or 

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

7 otherwise, as authorized, $11,000,000, to remain available 

8 until expended: Provided, That contracts awarded for envi9 ronmental systems, protection systems, and exterior repair 

10 or renovation of buildings of the National Gallery of Art 

11 may be negotiated with selected contractors and awarded 

12 on the basis of contractor qualifications as well as price. 

13 JOHN F. KENNEDY CENTER FOR THE PERFORMING

14 ARTS

15 OPERATIONS AND MAINTENANCE

16 For necessary expenses for the operation, mainte17 nance and security of the John F. Kennedy Center for 

18 the Performing Arts, $17,152,000. 

19 CONSTRUCTION

20 For necessary expenses for capital repair and restora21 tion of the existing features of the building and site of 

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

23 $16,334,000, to remain available until expended. 
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1 WOODROW WILSON INTERNATIONAL CENTER FOR

2 SCHOLARS

3 SALARIES AND EXPENSES

4 For expenses necessary in carrying out the provisions 

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

6 1356) including hire of passenger vehicles and services as 

7 authorized by 5 U.S.C. 3109, $8,987,000. 

8 NATIONAL FOUNDATION ON THE ARTS AND THE

9 HUMANITIES

10 NATIONAL ENDOWMENT FOR THE ARTS

11 GRANTS AND ADMINISTRATION

12 For necessary expenses to carry out the National 

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

14 as amended, $120,972,000, shall be available to the Na15 tional Endowment for the Arts for the support of projects 

16 and productions in the arts through assistance to organi17 zations and individuals pursuant to sections 5(c) and 5(g) 

18 of the Act, including $21,729,000 for support of arts edu19 cation and public outreach activities through the Chal20 lenge America program, for program support, and for ad21 ministering the functions of the Act, to remain available 

22 until expended: Provided, That funds previously appro23 priated to the National Endowment for the Arts ‘‘Match24 ing Grants’’ account and ‘‘Challenge America’’ account 

25 may be transferred to and merged with this account. 
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1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For necessary expenses to carry out the National 

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

5 as amended, $119,386,000, shall be available to the Na6 tional Endowment for the Humanities for support of ac7 tivities in the humanities, pursuant to section 7(c) of the 

8 Act, and for administering the functions of the Act, to 

9 remain available until expended. 

10 MATCHING GRANTS

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

12 National Foundation on the Arts and the Humanities Act 

13 of 1965, as amended, $15,924,000, to remain available 

14 until expended, of which $10,308,000 shall be available 

15 to the National Endowment for the Humanities for the 

16 purposes of section 7(h): Provided, That this appropria17 tion shall be available for obligation only in such amounts 

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

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

20 chairman or by grantees of the Endowment under the pro21 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

22 the current and preceding fiscal years for which equal 

23 amounts have not previously been appropriated. 

24 ADMINISTRATIVE PROVISIONS

25 None of the funds appropriated to the National 

26 Foundation on the Arts and the Humanities may be used 
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1 to process any grant or contract documents which do not 

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

3 of the funds appropriated to the National Foundation on 

4 the Arts and the Humanities may be used for official re5 ception and representation expenses: Provided further, 

6 That funds from nonappropriated sources may be used as 

7 necessary for official reception and representation ex8 penses: Provided further, That the Chairperson of the Na9 tional Endowment for the Arts may approve grants up to 

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

11 5 percent of the sums appropriated for grant-making pur12 poses per year: Provided further, That such small grant 

13 actions are taken pursuant to the terms of an expressed 

14 and direct delegation of authority from the National Coun15 cil on the Arts to the Chairperson. 

16 COMMISSION OF FINE ARTS

17 SALARIES AND EXPENSES

18 For expenses made necessary by the Act establishing 

19 a Commission of Fine Arts (40 U.S.C. 104), $1,793,000: 

20 Provided, That the Commission is authorized to charge 

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

22 fees shall be credited to this account as an offsetting col23 lection, to remain available until expended without further 

24 appropriation. 
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1 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

2 For necessary expenses as authorized by Public Law 

3 99–190 (20 U.S.C. 956(a)), as amended, $6,000,000. 

4 ADVISORY COUNCIL ON HISTORIC PRESERVATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Advisory Council on 

7 Historic Preservation (Public Law 89–665, as amended), 

8 $4,600,000: Provided, That none of these funds shall be 

9 available for compensation of level V of the Executive 

10 Schedule or higher positions. 

11 NATIONAL CAPITAL PLANNING COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses, as authorized by the Na14 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

15 including services as authorized by 5 U.S.C. 3109, 

16 $8,000,000: Provided, That one-quarter of 1 percent of 

17 the funds provided under this heading may be used for 

18 official reception and representational expenses to host 

19 international visitors engaged in the planning and physical 

20 development of world capitals. 

21 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

22 HOLOCAUST MEMORIAL MUSEUM

23 For expenses of the Holocaust Memorial Museum, as 

24 authorized by Public Law 106–292 (36 U.S.C. 2301– 

25 2310), $41,433,000, of which $1,900,000 for the muse-
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1 um’s repair and rehabilitation program and $1,264,000 

2 for the museum’s exhibitions program shall remain avail3 able until expended. 

4 PRESIDIO TRUST

5 PRESIDIO TRUST FUND

6 For necessary expenses to carry out title I of the Om7 nibus Parks and Public Lands Management Act of 1996, 

8 $20,000,000 shall be available to the Presidio Trust, to 

9 remain available until expended. 

10 TITLE III—GENERAL PROVISIONS 

11 SEC. 301. The expenditure of any appropriation 

12 under this Act for any consulting service through procure13 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

14 to those contracts where such expenditures are a matter 

15 of public record and available for public inspection, except 

16 where otherwise provided under existing law, or under ex17 isting Executive order issued pursuant to existing law. 

18 SEC. 302. No part of any appropriation contained in 

19 this Act shall be available for any activity or the publica20 tion or distribution of literature that in any way tends to 

21 promote public support or opposition to any legislative 

22 proposal on which congressional action is not complete. 

23 SEC. 303. No part of any appropriation contained in 

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 
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1 SEC. 304. None of the funds provided in this Act to 

2 any department or agency shall be obligated or expended 

3 to provide a personal cook, chauffeur, or other personal 

4 servants to any officer or employee of such department 

5 or agency except as otherwise provided by law. 

6 SEC. 305. No assessments may be levied against any 

7 program, budget activity, subactivity, or project funded by 

8 this Act unless notice of such assessments and the basis 

9 therefor are presented to the Committees on Appropria10 tions and are approved by such committees. 

11 SEC. 306. None of the funds in this Act may be used 

12 to plan, prepare, or offer for sale timber from trees classi13 fied as giant sequoia (Sequoiadendron giganteum) which 

14 are located on National Forest System or Bureau of Land 

15 Management lands in a manner different than such sales 

16 were conducted in fiscal year 2004. 

17 SEC. 307. (a) LIMITATION OF FUNDS.—None of the 

18 funds appropriated or otherwise made available pursuant 

19 to this Act shall be obligated or expended to accept or 

20 process applications for a patent for any mining or mill 

21 site claim located under the general mining laws. 

22 (b) EXCEPTIONS.—The provisions of subsection (a) 

23 shall not apply if the Secretary of the Interior determines 

24 that, for the claim concerned: (1) a patent application was 

25 filed with the Secretary on or before September 30, 1994; 
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1 and (2) all requirements established under sections 2325 

2 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

3 for vein or lode claims and sections 2329, 2330, 2331, 

4 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

5 37) for placer claims, and section 2337 of the Revised 

6 Statutes (30 U.S.C. 42) for mill site claims, as the case 

7 may be, were fully complied with by the applicant by that 

8 date. 

9 (c) REPORT.—On September 30, 2005, the Secretary 

10 of the Interior shall file with the House and Senate Com11 mittees on Appropriations and the Committee on Re12 sources of the House of Representatives and the Com13 mittee on Energy and Natural Resources of the Senate 

14 a report on actions taken by the Department under the 

15 plan submitted pursuant to section 314(c) of the Depart16 ment of the Interior and Related Agencies Appropriations 

17 Act, 1997 (Public Law 104–208). 

18 (d) MINERAL EXAMINATIONS.—In order to process 

19 patent applications in a timely and responsible manner, 

20 upon the request of a patent applicant, the Secretary of 

21 the Interior shall allow the applicant to fund a qualified 

22 third-party contractor to be selected by the Bureau of 

23 Land Management to conduct a mineral examination of 

24 the mining claims or mill sites contained in a patent appli25 cation as set forth in subsection (b). The Bureau of Land 
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1 Management shall have the sole responsibility to choose 

2 and pay the third-party contractor in accordance with the 

3 standard procedures employed by the Bureau of Land 

4 Management in the retention of third-party contractors. 

5 SEC. 308. Notwithstanding any other provision of 

6 law, amounts appropriated to or earmarked in committee 

7 reports for the Bureau of Indian Affairs and the Indian 

8 Health Service by Public Laws 103–138, 103–332, 104– 

9 134, 104–208, 105–83, 105–277, 106–113, 106–291, 

10 107–63, 108–7, and 108–108 for payments to tribes and 

11 tribal organizations for contract support costs associated 

12 with self-determination or self-governance contracts, 

13 grants, compacts, or annual funding agreements with the 

14 Bureau of Indian Affairs or the Indian Health Service as 

15 funded by such Acts, are the total amounts available for 

16 fiscal years 1994 through 2004 for such purposes, except 

17 that, for the Bureau of Indian Affairs, tribes and tribal 

18 organizations may use their tribal priority allocations for 

19 unmet indirect costs of ongoing contracts, grants, self-gov20 ernance compacts or annual funding agreements. 

21 SEC. 309. Of the funds provided to the National En22 dowment for the Arts— 

23 (1) The Chairperson shall only award a grant 

24 to an individual if such grant is awarded to such in25 dividual for a literature fellowship, National Herit-
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1 age Fellowship, or American Jazz Masters Fellow2 ship. 

3 (2) The Chairperson shall establish procedures 

4 to ensure that no funding provided through a grant, 

5 except a grant made to a State or local arts agency, 

6 or regional group, may be used to make a grant to 

7 any other organization or individual to conduct ac8 tivity independent of the direct grant recipient. 

9 Nothing in this subsection shall prohibit payments 

10 made in exchange for goods and services. 

11 (3) No grant shall be used for seasonal support 

12 to a group, unless the application is specific to the 

13 contents of the season, including identified programs 

14 and/or projects. 

15 SEC. 310. The National Endowment for the Arts and 

16 the National Endowment for the Humanities are author17 ized to solicit, accept, receive, and invest in the name of 

18 the United States, gifts, bequests, or devises of money and 

19 other property or services and to use such in furtherance 

20 of the functions of the National Endowment for the Arts 

21 and the National Endowment for the Humanities. Any 

22 proceeds from such gifts, bequests, or devises, after ac23 ceptance by the National Endowment for the Arts or the 

24 National Endowment for the Humanities, shall be paid by 

25 the donor or the representative of the donor to the Chair-
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1 man. The Chairman shall enter the proceeds in a special 

2 interest-bearing account to the credit of the appropriate 

3 endowment for the purposes specified in each case. 

4 SEC. 311. (a) In providing services or awarding fi5 nancial assistance under the National Foundation on the 

6 Arts and the Humanities Act of 1965 from funds appro7 priated under this Act, the Chairperson of the National 

8 Endowment for the Arts shall ensure that priority is given 

9 to providing services or awarding financial assistance for 

10 projects, productions, workshops, or programs that serve 

11 underserved populations. 

12 (b) In this section: 

13 (1) The term ‘‘underserved population’’ means 

14 a population of individuals, including urban minori15 ties, who have historically been outside the purview 

16 of arts and humanities programs due to factors such 

17 as a high incidence of income below the poverty line 

18 or to geographic isolation. 

19 (2) The term ‘‘poverty line’’ means the poverty 

20 line (as defined by the Office of Management and 

21 Budget, and revised annually in accordance with sec22 tion 673(2) of the Community Services Block Grant 

23 Act (42 U.S.C. 9902(2)) applicable to a family of 

24 the size involved. 
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1 (c) In providing services and awarding financial as2 sistance under the National Foundation on the Arts and 

3 Humanities Act of 1965 with funds appropriated by this 

4 Act, the Chairperson of the National Endowment for the 

5 Arts shall ensure that priority is given to providing serv6 ices or awarding financial assistance for projects, produc7 tions, workshops, or programs that will encourage public 

8 knowledge, education, understanding, and appreciation of 

9 the arts. 

10 (d) With funds appropriated by this Act to carry out 

11 section 5 of the National Foundation on the Arts and Hu12 manities Act of 1965— 

13 (1) the Chairperson shall establish a grant cat14 egory for projects, productions, workshops, or pro15 grams that are of national impact or availability or 

16 are able to tour several States; 

17 (2) the Chairperson shall not make grants ex18 ceeding 15 percent, in the aggregate, of such funds 

19 to any single State, excluding grants made under the 

20 authority of paragraph (1); 

21 (3) the Chairperson shall report to the Con22 gress annually and by State, on grants awarded by 

23 the Chairperson in each grant category under sec24 tion 5 of such Act; and 
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1 (4) the Chairperson shall encourage the use of 

2 grants to improve and support community-based 

3 music performance and education. 

4 SEC. 312. No part of any appropriation contained in 

5 this Act shall be expended or obligated to complete and 

6 issue the 5-year program under the Forest and Rangeland 

7 Renewable Resources Planning Act. 

8 SEC. 313. None of the funds in this Act may be used 

9 to support Government-wide administrative functions un10 less such functions are justified in the budget process and 

11 funding is approved by the House and Senate Committees 

12 on Appropriations. 

13 SEC. 314. Notwithstanding any other provision of 

14 law, for fiscal year 2005 the Secretaries of Agriculture and 

15 the Interior are authorized to limit competition for water16 shed restoration project contracts as part of the ‘‘Jobs in 

17 the Woods’’ Program established in Region 10 of the For18 est Service to individuals and entities in historically tim19 ber-dependent areas in the States of Washington, Oregon, 

20 northern California, Idaho, Montana, and Alaska that 

21 have been affected by reduced timber harvesting on Fed22 eral lands. The Secretaries shall consider the benefits to 

23 the local economy in evaluating bids and designing pro24 curements which create economic opportunities for local 

25 contractors. 
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1 SEC. 315. Amounts deposited during fiscal year 2004 

2 in the roads and trails fund provided for in the 14th para3 graph under the heading ‘‘FOREST SERVICE’’ of the 

4 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 

5 be used by the Secretary of Agriculture, without regard 

6 to the State in which the amounts were derived, to repair 

7 or reconstruct roads, bridges, and trails on National For8 est System lands or to carry out and administer projects 

9 to improve forest health conditions, which may include the 

10 repair or reconstruction of roads, bridges, and trails on 

11 National Forest System lands in the wildland-community 

12 interface where there is an abnormally high risk of fire. 

13 The projects shall emphasize reducing risks to human 

14 safety and public health and property and enhancing eco15 logical functions, long-term forest productivity, and bio16 logical integrity. The projects may be completed in a sub17 sequent fiscal year. Funds shall not be expended under 

18 this section to replace funds which would otherwise appro19 priately be expended from the timber salvage sale fund. 

20 Nothing in this section shall be construed to exempt any 

21 project from any environmental law. 

22 SEC. 316. Other than in emergency situations, none 

23 of the funds in this Act may be used to operate telephone 

24 answering machines during core business hours unless 

25 such answering machines include an option that enables 
115 

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1 callers to reach promptly an individual on-duty with the 

2 agency being contacted. 

3 SEC. 317. Hereafter, no timber sale in Region 10 

4 shall be advertised if the indicated rate is deficit when ap5 praised using a residual value approach that assigns do6 mestic Alaska values for western redcedar. Program ac7 complishments shall be based on volume sold. Should Re8 gion 10 sell, in the current fiscal year, the annual average 

9 portion of the decadal allowable sale quantity called for 

10 in the current Tongass Land Management Plan in sales 

11 which are not deficit when appraised using a residual 

12 value approach that assigns domestic Alaska values for 

13 western redcedar, all of the western redcedar timber from 

14 those sales which is surplus to the needs of domestic proc15 essors in Alaska, shall be made available to domestic proc16 essors in the contiguous 48 United States at prevailing 

17 domestic prices. Should Region 10 sell, in the current fis18 cal year, less than the annual average portion of the 

19 decadal allowable sale quantity called for in the Tongass 

20 Land Management Plan in sales which are not deficit 

21 when appraised using a residual value approach that as22 signs domestic Alaska values for western redcedar, the vol23 ume of western redcedar timber available to domestic 

24 processors at prevailing domestic prices in the contiguous 

25 48 United States shall be that volume: (i) which is surplus 
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1 to the needs of domestic processors in Alaska; and (ii) is 

2 that percent of the surplus western redcedar volume deter3 mined by calculating the ratio of the total timber volume 

4 which has been sold on the Tongass to the annual average 

5 portion of the decadal allowable sale quantity called for 

6 in the current Tongass Land Management Plan. The per7 centage shall be calculated by Region 10 on a rolling basis 

8 as each sale is sold (for purposes of this amendment, a 

9 ‘‘rolling basis’’ shall mean that the determination of how 

10 much western redcedar is eligible for sale to various mar11 kets shall be made at the time each sale is awarded). 

12 Western redcedar shall be deemed ‘‘surplus to the needs 

13 of domestic processors in Alaska’’ when the timber sale 

14 holder has presented to the Forest Service documentation 

15 of the inability to sell western redcedar logs from a given 

16 sale to domestic Alaska processors at a price equal to or 

17 greater than the log selling value stated in the contract. 

18 All additional western redcedar volume not sold to Alaska 

19 or contiguous 48 United States domestic processors may 

20 be exported to foreign markets at the election of the tim21 ber sale holder. All Alaska yellow cedar may be sold at 

22 prevailing export prices at the election of the timber sale 

23 holder. 

24 SEC. 318. A project undertaken by the Forest Service 

25 under the Recreation Fee Demonstration Program as au-
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1 thorized by section 315 of the Department of the Interior 

2 and Related Agencies Appropriations Act for Fiscal Year 

3 1996, as amended, shall not result in— 

4 (1) displacement of the holder of an authoriza5 tion to provide commercial recreation services on 

6 Federal lands. Prior to initiating any project, the 

7 Secretary shall consult with potentially affected 

8 holders to determine what impacts the project may 

9 have on the holders. Any modifications to the au10 thorization shall be made within the terms and con11 ditions of the authorization and authorities of the 

12 impacted agency; and 

13 (2) the return of a commercial recreation serv14 ice to the Secretary for operation when such services 

15 have been provided in the past by a private sector 

16 provider, except when— 

17 (A) the private sector provider fails to bid 

18 on such opportunities; 

19 (B) the private sector provider terminates 

20 its relationship with the agency; or 

21 (C) the agency revokes the permit for non22 compliance with the terms and conditions of the 

23 authorization. 

24 In such cases, the agency may use the Recreation Fee 

25 Demonstration Program to provide for operations until a 
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1 subsequent operator can be found through the offering of 

2 a new prospectus. 

3 SEC. 319. Prior to October 1, 2005, the Secretary 

4 of Agriculture shall not be considered to be in violation 

5 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

6 Renewable Resources Planning Act of 1974 (16 U.S.C. 

7 1604(f)(5)(A)) solely because more than 15 years have 

8 passed without revision of the plan for a unit of the Na9 tional Forest System. Nothing in this section exempts the 

10 Secretary from any other requirement of the Forest and 

11 Rangeland Renewable Resources Planning Act (16 U.S.C. 

12 1600 et seq.) or any other law: Provided, That if the Sec13 retary is not acting expeditiously and in good faith, within 

14 the funding available, to revise a plan for a unit of the 

15 National Forest System, this section shall be void with re16 spect to such plan and a court of proper jurisdiction may 

17 order completion of the plan on an accelerated basis. 

18 SEC. 320. No funds provided in this Act may be ex19 pended to conduct preleasing, leasing and related activities 

20 under either the Mineral Leasing Act (30 U.S.C. 181 et 

21 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

22 1331 et seq.) within the boundaries of a National Monu23 ment established pursuant to the Act of June 8, 1906 (16 

24 U.S.C. 431 et seq.) as such boundary existed on January 

25 20, 2001, except where such activities are allowed under 
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1 the Presidential proclamation establishing such monu2 ment. 

3 SEC. 321. EXTENSION OF FOREST SERVICE CONVEY4 ANCES PILOT PROGRAM.—Section 329 of the Department 

5 of the Interior and Related Agencies Appropriations Act, 

6 2002 (16 U.S.C. 580d note; Public Law 107–63) is 

7 amended— 

8 (1) in subsection (b), by striking ‘‘30’’ and in9 serting ‘‘40’’; 

10 (2) in subsection (c) by striking ‘‘8’’ and insert11 ing ‘‘13’’; and 

12 (3) in subsection (d), by striking ‘‘2007’’ and 

13 inserting ‘‘2008’’. 

14 SEC. 322. Employees of the foundations established 

15 by Acts of Congress to solicit private sector funds on be16 half of Federal land management agencies shall, in fiscal 

17 year 2005, qualify for General Service Administration con18 tract airfares. 

19 SEC. 323. In entering into agreements with foreign 

20 countries pursuant to the Wildfire Suppression Assistance 

21 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

22 the Secretary of the Interior are authorized to enter into 

23 reciprocal agreements in which the individuals furnished 

24 under said agreements to provide wildfire services are con25 sidered, for purposes of tort liability, employees of the 
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1 country receiving said services when the individuals are 

2 engaged in fire suppression: Provided, That the Secretary 

3 of Agriculture or the Secretary of the Interior shall not 

4 enter into any agreement under this provision unless the 

5 foreign country (either directly or through its fire organi6 zation) agrees to assume any and all liability for the acts 

7 or omissions of American firefighters engaged in fire8 fighting in a foreign country: Provided further, That when 

9 an agreement is reached for furnishing fire fighting serv10 ices, the only remedies for acts or omissions committed 

11 while fighting fires shall be those provided under the laws 

12 of the host country, and those remedies shall be the exclu13 sive remedies for any claim arising out of fighting fires 

14 in a foreign country: Provided further, That neither the 

15 sending country nor any legal organization associated with 

16 the firefighter shall be subject to any legal action whatso17 ever pertaining to or arising out of the firefighter’s role 

18 in fire suppression. 

19 SEC. 324. Notwithstanding any other provision of law 

20 or regulation, to promote the more efficient use of the 

21 health care funding allocation for fiscal year 2005, the 

22 Eagle Butte Service Unit of the Indian Health Service, 

23 at the request of the Cheyenne River Sioux Tribe, may 

24 pay base salary rates to health professionals up to the 

25 highest grade and step available to a physician, phar-
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1 macist, or other health professional and may pay a recruit2 ment or retention bonus of up to 25 percent above the 

3 base pay rate. 

4 SEC. 325. None of the funds made available in this 

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government except 

7 pursuant to a transfer made by, or transfer authority pro8 vided in, this Act or any other appropriations Act. 

9 SEC. 326. In awarding a Federal Contract with funds 

10 made available by this Act, the Secretary of Agriculture 

11 and the Secretary of the Interior (the ‘‘Secretaries’’) may, 

12 in evaluating bids and proposals, give consideration to 

13 local contractors who are from, and who provide employ14 ment and training for, dislocated and displaced workers 

15 in an economically disadvantaged rural community, in16 cluding those historically timber-dependent areas that 

17 have been affected by reduced timber harvesting on Fed18 eral lands and other forest-dependent rural communities 

19 isolated from significant alternative employment opportu20 nities: Provided, That notwithstanding Federal Govern21 ment procurement and contracting laws the Secretaries 

22 may award contracts, grants or cooperative agreements to 

23 local non-profit entities, Youth Conservation Corps or re24 lated partnerships with State, local or non-profit youth 

25 groups, or small or disadvantaged business: Provided fur-
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1 ther, That the contract, grant, or cooperative agreement 

2 is for forest hazardous fuels reduction, watershed or water 

3 quality monitoring or restoration, wildlife or fish popu4 lation monitoring, or habitat restoration or management: 

5 Provided further, That the terms ‘‘rural community’’ and 

6 ‘‘economically disadvantaged’’ shall have the same mean7 ings as in section 2374 of Public Law 101–624: Provided 

8 further, That the Secretaries shall develop guidance to im9 plement this section: Provided further, That nothing in 

10 this section shall be construed as relieving the Secretaries 

11 of any duty under applicable procurement laws, except as 

12 provided in this section. 

13 SEC. 327. No funds appropriated in this Act for the 

14 acquisition of lands or interests in lands may be expended 

15 for the filing of declarations of taking or complaints in 

16 condemnation without the approval of the House and Sen17 ate Committees on Appropriations: Provided, That this 

18 provision shall not apply to funds appropriated to imple19 ment the Everglades National Park Protection and Ex20 pansion Act of 1989, or to funds appropriated for Federal 

21 assistance to the State of Florida to acquire lands for Ev22 erglades restoration purposes. 

23 SEC. 328. Section 338 of Public Law 108–108 is 

24 amended by striking the phrase ‘‘on or before January 1, 

25 2003’’. 
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1 SEC. 329. (a) LIMITATION ON COMPETITIVE

2 SOURCING STUDIES.— 

3 (1) Of the funds made available by this or any 

4 other Act to the Department of Energy or the De5 partment of the Interior for fiscal year 2005, not 

6 more than the maximum amount specified in para7 graph (2) may be used by the Secretary of Energy 

8 or the Secretary of the Interior to initiate or con9 tinue competitive sourcing studies in fiscal year 

10 2005 for programs, projects, and activities for which 

11 funds are appropriated by this Act until such time 

12 as the Secretary concerned submits a reprogram13 ming proposal to the Committees on Appropriations 

14 of the Senate and the House of Representatives, and 

15 such proposal has been processed consistent with the 

16 reprogramming guidelines in House Report 108– 

17 330. 

18 (2) For the purposes of paragraph (1) the max19 imum amount— 

20 (A) with respect to the Department of En21 ergy is $500,000; and 

22 (B) with respect to the Department of the 

23 Interior is $3,250,000. 

24 (3) Of the funds appropriated by this Act, not 

25 more than $2,000,000 may be used in fiscal year 
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1 2005 for competitive sourcing studies and related 

2 activities by the Forest Service. 

3 (b) COMPETITIVE SOURCING STUDY DEFINED.—In 

4 this section, the term ‘‘competitive sourcing study’’ means 

5 a study on subjecting work performed by Federal Govern6 ment employees or private contractors to public-private 

7 competition or on converting the Federal Government em8 ployees or the work performed by such employees to pri9 vate contractor performance under the Office of Manage10 ment and Budget Circular A–76 or any other administra11 tive regulation, directive, or policy. 

12 (c) Section 340(b) of Public Law 108–108 is hereby 

13 repealed. 

14 SEC. 330. Estimated overhead charges, deductions, 

15 reserves or holdbacks from programs, projects and activi16 ties to support governmentwide, departmental, agency or 

17 bureau administrative functions or headquarters, regional 

18 or central office operations shall be presented in annual 

19 budget justifications. Changes to such estimates shall be 

20 presented to the Committees on Appropriations for ap21 proval. 

22 SEC. 331. None of the funds in this Act or prior Acts 

23 making appropriations for the Department of the Interior 

24 and Related Agencies may be used to implement 

25 SAFECOM or Disaster Management. 
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1 SEC. 332. Section 3 of the Act of June 9, 1930 (com2 monly known as the Knutson-Vandenberg Act; 16 U.S.C. 

3 576b), is amended— 

4 (1) by striking ‘‘The Secretary of Agriculture 

5 may, when in his’’ and inserting ‘‘(a) The Secretary 

6 of Agriculture may, when in his or her’’; 

7 (2) by striking ‘‘Such deposits’’ and inserting 

8 the following: ‘‘Each of these 4 purposes shall be of 

9 equal priority. 

10 ‘‘(b) Amounts deposited under subsection (a)’’; 

11 (3) by striking ‘‘may direct:’’ and all that fol12 lows through ‘‘That the Secretary of Agriculture’’ 

13 and inserting ‘‘may direct. The Secretary of Agri14 culture’’; and 

15 (4) by adding at the end the following new sub16 section: 

17 ‘‘(c) Any portion of the balance at the end of a fiscal 

18 year in the special fund established pursuant to this sec19 tion that the Secretary of Agriculture determines to be 

20 in excess of the cost of doing work described in subsection 

21 (a) (as well as any portion of the balance in the special 

22 fund that the Secretary determined, before October 1, 

23 2004, to be excess of the cost of doing work described in 

24 subsection (a), but which has not been transferred by that 

25 date) shall be transferred to miscellaneous receipts, Na-
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1 tional Forest Fund, as a National Forest receipt, but only 

2 if the Secretary also determines that— 

3 ‘‘(1) the excess amounts will not be needed for 

4 emergency wildfire suppression during the fiscal year 

5 in which the transfer would be made; and 

6 ‘‘(2) the amount to be transferred to miscella7 neous receipts, National Forest Fund, exceeds the 

8 outstanding balance of unreimbursed funds trans9 ferred from the special fund in prior fiscal years for 

10 wildfire suppression.’’. 

11 SEC. 333. FEDERAL AND STATE COOPERATIVE FOR12 EST, RANGELAND, AND WATERSHED RESTORATION IN

13 UTAH. (a) AUTHORITY.—Until September 30, 2006, the 

14 Secretary of Agriculture, via cooperative agreement or 

15 contract (including sole source contract) as appropriate, 

16 may permit the State Forester of the State of Utah to 

17 perform forest, rangeland, and watershed restoration serv18 ices on National Forest System lands in the State of Utah. 

19 Restoration services provided are to be on a project to 

20 project basis as planned or made ready for implementation 

21 under existing authorities of the Forest Service. The types 

22 of restoration services that may be contracted under this 

23 authority include treatment of insect infected trees, reduc24 tion of hazardous fuels, and other activities to restore or 
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1 improve forest, rangeland, and watershed health including 

2 fish and wildlife habitat. 

3 (b) STATE AS AGENT.—Except as provided in sub4 section (c), a cooperative agreement or contract under 

5 subsection (a) may authorize the State Forester of the 

6 State of Utah to serve as agent for the Forest Service 

7 in providing services necessary to facilitate the perform8 ance and treatment of insect infested trees, reduction of 

9 hazardous fuels, and to restore or improve forest, range10 land, and watershed health including fish and wildlife 

11 habitat under subsection (a). The services to be performed 

12 by the State Forester of Utah may be conducted with sub13 contracts utilizing State of Utah contract procedures. Sub14 sections (d) and (g) of section 14 of the National Forest 

15 Management Act of 1976 (16 U.S.C. 472a) shall not apply 

16 to services performed under a cooperative agreement or 

17 contract under subsection (a). 

18 (c) RETENTION OF NEPA RESPONSIBILITIES.—With 

19 respect to any treatment activity to restore and improve 

20 forest, rangeland, and watershed health including fish and 

21 wildlife habitat services on National Forest System lands 

22 programmed for treatment by the State Forester of the 

23 State of Utah under subsection (a), any decision required 

24 to be made under the National Environmental Policy Act 
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1 of 1969 (42 U.S.C. 4821 et seq.) may not be delegated 

2 to any officer or employee of the State of Utah. 

3 SEC. 334. LOCAL EXEMPTIONS FROM FOREST SERV4 ICE PROGRAM FEES. Section 6906 of Title 31, United 

5 States Code, is amended— 

6 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

7 ‘‘Necessary’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) LOCAL EXEMPTIONS FROM PROGRAM FEES.— 

10 ‘‘(1) IN GENERAL.—Each unit of general local 

11 government that lies in whole or in part within the 

12 White Mountain National Forest and persons resid13 ing within the boundaries of that unit of general 

14 local government shall be exempt during that fiscal 

15 year from any requirement to pay a Program Fee 

16 (parking permit or passport) imposed by the Sec17 retary of Agriculture for access to the Forest. 

18 ‘‘(2) ADMINISTRATION.—The Secretary of Agri19 culture shall establish a method of identifying per20 sons who are exempt from paying user fees under 

21 paragraph (1). This method may include valid form 

22 of identification including a drivers license.’’. 

23 SEC. 335. (a) IN GENERAL.—An entity that enters 

24 into a contract with the United States to operate the Na25 tional Recreation Reservation Service (as solicited by the 
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1 solicitation numbered WO–04–06vm) or any successor 

2 service shall not carry out any duties under the contract 

3 using a contact center that— 

4 (1) is located outside the United States; or 

5 (2) employs people that are not residents of the 

6 United States. 

7 (b) NO WAIVER.—The Secretary of the Interior may 

8 not waive the requirements of subsection (a). 

9 (c) TELECOMMUTING.—Telecommuting by employees 

10 of a contact center operated under a contract described 

11 in subsection (a) shall be limited to telecommuting from 

12 one location in the United States to another location in 

13 the United States. 

14 SEC. 336. Section 1315(b) of the Alaska National In15 terest Lands Conservation Act is amended by— 

16 (1) inserting after ‘‘Secretary of Agriculture’’ 

17 ‘‘or the Secretary of the Interior’’; and 

18 (2) deleting all references to ‘‘national forest’’. 

19 SEC. 337. Hereafter, notwithstanding any other pro20 vision of law, individuals who qualify for subsistence uses 

21 of resources in Alaska but who are unable to participate 

22 in the taking of fish, wildlife or other resources due to 

23 age, infirmity, or disability may designate an individual 

24 to engage in subsistence for them. Designated individuals 

25 may be reimbursed the costs of engaging in subsistence 
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1 without such payments deeming the subsistence a com2 mercial activity. 

3 SEC. 338. Notwithstanding any project or activity 

4 carried out by the Secretary of the Army, acting through 

5 the Chief of Engineers, under the Pick-Sloan Missouri 

6 River Basin Program authorized by section 9 of the Act 

7 of December 22, 1944 (58 Stat. 891), or any other law, 

8 the Secretary shall carry out drought conservation meas9 ures described in section 7–03.3 of the 2004 Missouri 

10 River Master Water Control Manual if, as of any date in 

11 a year, the Secretary determines that Pick-Sloan Missouri 

12 River Basin System water-in-storage is at or below 

13 40,000,000 acre-feet. 

14 SEC. 339. For fiscal years 2005 through 2007, a de15 cision made by the Secretary of Agriculture to authorize 

16 grazing on an allotment shall be categorically excluded 

17 from documentation in an environmental assessment or an 

18 environmental impact statement under the National Envi19 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

20 if: (1) the decision continues current grazing management 

21 of the allotment; (2) monitoring indicates that current 

22 grazing management is meeting, or satisfactorily moving 

23 toward, objectives in the land and resource management 

24 plan, as determined by the Secretary; and (3) no extraor25 dinary circumstances exist. The total number of allot-
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1 ments that may be categorically excluded under this sec2 tion may not exceed 900. 

3 SEC. 340. SALMON RIVER COMMERCIAL OUTFITTER

4 HUNTING CAMPS. Section 3(a)(24) of Public Law 90–542 

5 (16 U.S.C. sec. 1274) is amended to add the following 

6 after paragraph (C) and redesignate subsequent para7 graphs accordingly: 

8 ‘‘(D) The established use and occupancy as 

9 of June 6, 2003, of lands and maintenance or 

10 replacement of facilities and structures for com11 mercial recreation services at Stub Creek lo12 cated in section 28, T24N, R14E, Boise Prin13 cipal Meridian, at Arctic Creek located in sec14 tion 21, T25N, R12E, Boise Principal Meridian 

15 and at Smith Gulch located in section 27, 

16 T25N, R12E, Boise Principal Meridian shall 

17 continue to be authorized, subject to such rea18 sonable regulation as the Secretary deems ap19 propriate, including rules that would provide for 

20 termination for non-compliance, and if termi21 nated, reoffering the site through a competitive 

22 process.’’. 

23 SEC. 341. (a) IN GENERAL.— 

24 (1) The Secretary of Agriculture and the Sec25 retary of the Interior are authorized to make grants 
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1 to the Eastern Nevada Landscape Coalition for the 

2 study and restoration of rangeland and other lands 

3 in Nevada’s Great Basin in order to help assure the 

4 reduction of hazardous fuels and for related pur5 poses. 

6 (2) Notwithstanding 31 U.S.C. secs. 6301– 

7 6308, the Director of the Bureau of Land Manage8 ment shall enter into a cooperative agreement with 

9 the Eastern Nevada Landscape Coalition for the 

10 Great Basin Restoration Project, including haz11 ardous fuels and mechanical treatments and related 

12 work. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as are nec15 essary to carry out this section. 

16 SEC. 342. (a) FINDINGS.— 

17 (1) In 1953, Public Land Order 899 (PLO 

18 899) eliminated approximately 80 acres from the 

19 Tongass National Forest, for the Community of 

20 Elfin Cove, Alaska. From 1953 until 2001, the 

21 USDA Forest Service believed two small islets with22 in the Elfin Cove Harbor (Lots 1 and 2 of U.S. Sur23 vey 13150, approximately 0.29 acres) were included 

24 as part of PLO 899. However, due to a Bureau of 

25 Land Management rule in effect when PLO 899 was 
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1 issued, ownership of unsurveyed, unmapped islets re2 mained with the original landowner, in this case the 

3 United States. 

4 (2) These two islets are needed by the Commu5 nity of Elfin Cove to resolve public health and safety 

6 problems. 

7 (3) The two islets serve no national forest pur8 poses, but the Forest Service has no authority to 

9 transfer ownership of them to the Community of 

10 Elfin Cove, without receiving fair market value for 

11 the land interests. 

12 (4) Neither the Bureau of Land Management 

13 nor the Forest Service intended to retain federal 

14 ownership of these two islets, and they remained in 

15 ownership of the United States only through an in16 advertent error. 

17 (5) Conveyance of these two islets from the 

18 United States to the Community of Elfin Cove, Alas19 ka, without consideration, is in the public interest. 

20 (b) Based on the findings in subsection (a) and not21 withstanding any other provision of law, Congress hereby 

22 authorizes and directs the Secretary of Agriculture to con23 vey in fee simple without compensation, Lots 1 and 2 of 

24 U.S. Survey 13150, comprising approximately 0.29 acres, 

25 to the Community of Elfin Cove, Alaska. 
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1 SEC. 343. (a) Notwithstanding any other provision 

2 of law and hereinafter, after September 30, 2004, the In3 dian Health Service may not disburse funds for the provi4 sion of health care services pursuant to Public Law 93– 

5 638 (25 U.S.C. 450 et seq.) to any Alaska Native village 

6 or Alaska Native village corporation that is located within 

7 the area served by an Alaska Native regional health entity. 

8 (b) Nothing in this section shall be construed to pro9 hibit the disbursal of funds to any Alaska Native village 

10 or Alaska Native village corporation under any contract 

11 or compact entered into prior to May 1, 2004, or to pro12 hibit the renewal of any such agreement. 

13 (c) For the purpose of this section, Eastern Aleutian 

14 Tribes, Inc. shall be treated as an Alaska Native regional 

15 health entity to whom funds may be disbursed under this 

16 section. 

17 SEC. 344. In accordance with the goals of section 

18 1306 of the Alaska National Interest Lands Conservation 

19 Act, using funds previously appropriated for such purpose 

20 under Public Law 106–291 ($1,630,000) and Public Law 

21 108–199 ($2,300,000), the National Park Service shall 

22 (1) not later than December 31, 2004 purchase the seven 

23 parcels of real property in Seward, Alaska identified by 

24 Kenai Peninsula tax identification numbers 14910001, 

25 1410002, 1411033, 14913005, 14913020, 14913007, and 
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1 14913008 that have been selected for the administrative 

2 complex, visitor facility, plaza and related parking for the 

3 Kenai Fjords National Park and Chugach National Forest 

4 which shall hereafter be known as the Mary Lowell Center; 

5 and (2) transfer to the City of Seward any remaining bal6 ance of previously appropriated funds not necessary for 

7 property acquisition and design upon the vacation by the 

8 City of Seward of Washington Street between 4th Avenue 

9 and 5th Avenue and transfer of title of the appropriate 

10 portions thereof to the federal government, provided that 

11 the City of Seward uses any such funds for the related 

12 waterfront planning, pavilions, boardwalks, trails, or re13 lated purposes that compliment the new federal facility. 

14 TITLE IV—SUPPLEMENTAL APPROPRIATIONS 

15 FOR FISCAL YEAR 2005 FOR URGENT 

16 WILDLAND FIRE SUPPRESSION ACTIVITIES 

17 DEPARTMENT OF THE INTERIOR 

18 BUREAU OF LAND MANAGEMENT

19 WILDLAND FIRE MANAGEMENT

20 For an additional amount for fiscal year 2005 for 

21 ‘‘Wildland Fire Management’’, $100,000,000, to remain 

22 available until expended, for urgent wildland fire suppres23 sion activities related to the fiscal year 2005 fire season 

24 pursuant to section 312 of S. Con. Res. 95 (108th Con25 gress): Provided, That such funds shall only become avail-
136 

S 2804 PCS 

1 able if funds provided for wildland fire suppression in Title 

2 I of this Act will be exhausted imminently and the Sec3 retary of the Interior notifies the House and Senate Com4 mittees on Appropriations and the House and Senate 

5 Committees on the Budget in writing of the need for these 

6 additional funds: Provided further, That cost containment 

7 measures shall be implemented within this account for fis8 cal year 2005, and the Secretary of the Interior shall sub9 mit to the Committees on Appropriations of the Senate 

10 and the House of Representatives a report on such cost 

11 containment measures by December 31, 2005: Provided 

12 further, That no funds under this title may be transferred 

13 to other appropriation accounts of the Department of the 

14 Interior. 

15 DEPARTMENT OF AGRICULTURE 

16 FOREST SERVICE

17 WILDLAND FIRE MANAGEMENT

18 For an additional amount for fiscal year 2005 for 

19 ‘‘Wildland Fire Management’’, $400,000,000, to remain 

20 available until expended, for urgent wildland fire suppres21 sion activities related to the fiscal year 2005 fire season 

22 pursuant to section 312 of S. Con. Res. 95 (108th Con23 gress): Provided, That such funds shall only become avail24 able if funds provided for wildland fire suppression in Title 

25 II of this Act will be exhausted imminently and the Sec-
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1 retary of Agriculture notifies the House and Senate Com2 mittees on Appropriations and the House and Senate 

3 Committees on the Budget in writing of the need for these 

4 additional funds: Provided further, That the Secretary of 

5 Agriculture shall establish an independent cost-control re6 view panel to examine and report on fire suppression costs 

7 for individual wildfire incidents that exceed $10,000,000 

8 in cost: Provided further, That if the independent review 

9 panel report finds that appropriate actions were not taken 

10 to control suppression costs for one or more such wildfire 

11 incidents, then an amount equal to the aggregate esti12 mated excess costs of suppressing those wildfire incidents 

13 shall be transferred to the Treasury from unobligated bal14 ances remaining at the end of fiscal year 2005 in the 

15 Wildland Fire Management, National Forest System, and 

16 Capital Improvement and Maintenance accounts, if avail17 able: Provided further, That no funds under this title may 

18 be transferred to other appropriation accounts of the For19 est Service. 

20 This Act may be cited as the ‘‘Department of the In21 terior and Related Agencies Appropriations Act, 2005’’. 
Calendar No. 695 

108TH CONGRESS 

2D SESSION S. 2804 

[Report No. 108–341] 

A BILL 

Making appropriations for the Department of the 

poses. ending September 30, 2005, and for other purInterior and related agencies for the fiscal year 

SEPTEMBER 14, 2004 

Read twice and placed on the calendar