108TH CONGRESS

2D SESSION H. R. 4568

AN ACT

Making appropriations for the Department of the

poses.ending September 30, 2005, and for other purInterior and related agencies for the fiscal year

108TH CONGRESS

2D SESSION H. R. 4568

AN ACT

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,
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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)), $840,401,000, 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; $2,232,000 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 $3,500,000 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
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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 $840,401,000, 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 or its contrac16 tors.

17 WILDLAND FIRE MANAGEMENT

18 For necessary expenses for fire preparedness, sup19 pression operations, fire science and research, emergency

20 rehabilitation, hazardous fuels reduction, and rural fire as21 sistance by the Department of the Interior, $743,099,000,

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

23 $12,374,000 shall be for the renovation or construction

24 of fire facilities: Provided, That such funds are also avail25 able for repayment of advances to other appropriation ac26 counts from which funds were previously transferred for
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1 such purposes: Provided further, That persons hired pur2 suant to 43 U.S.C. 1469 may be furnished subsistence and

3 lodging without cost from funds available from this appro4 priation: Provided further, That notwithstanding 42

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

6 Department of the Interior for fire protection rendered

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

8 States property, may be credited to the appropriation from

9 which funds were expended to provide that protection, and

10 are available without fiscal year limitation: Provided fur11 ther, That using the amounts designated under this title

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

13 procurement contracts, grants, or cooperative agreements,

14 for hazardous fuels reduction activities, and for training

15 and monitoring associated with such hazardous fuels re16 duction activities, on Federal land, or on adjacent non17 Federal land for activities that benefit resources on Fed18 eral land: Provided further, That the costs of implementing

19 any cooperative agreement between the Federal Govern20 ment and any non-Federal entity may be shared, as mutu21 ally agreed on by the affected parties: Provided further,

22 That notwithstanding requirements of the Competition in

23 Contracting Act, the Secretary, for purposes of hazardous

24 fuels reduction activities, may obtain maximum prac25 ticable competition among: (A) local private, nonprofit, or
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1 cooperative entities; (B) Youth Conservation Corps crews

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

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

4 entities that will hire or train locally a significant percent5 age, defined as 50 percent or more, of the project work6 force to complete such contracts: Provided further, That

7 in implementing this section, the Secretary shall develop

8 written guidance to field units to ensure accountability

9 and consistent application of the authorities provided here10 in: Provided further, That funds appropriated under this

11 head may be used to reimburse the United States Fish

12 and Wildlife Service and the National Marine Fisheries

13 Service for the costs of carrying out their responsibilities

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

15 1531 et seq.) to consult and conference, as required by

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

17 management activities: Provided further, That the Sec18 retary of the Interior may use wildland fire appropriations

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

20 property with local governments, at or below fair market

21 value, to construct capitalized improvements for fire facili22 ties on such leased properties, including but not limited

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

24 attack and fire support facilities, and to make advance

25 payments for any such lease or for construction activity
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1 associated with the lease: Provided further, That the Sec2 retary of the Interior and the Secretary of Agriculture

3 may authorize the transfer of funds appropriated for

4 wildland fire management, in an aggregate amount not to

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

6 transfers would facilitate and expedite jointly funded

7 wildland fire management programs and projects: Pro8 vided further, That funds provided for wildfire suppression

9 shall be available for support of Federal emergency re10 sponse actions.

11 CENTRAL HAZARDOUS MATERIALS FUND

12 For necessary expenses of the Department of the In13 terior and any of its component offices and bureaus for

14 the remedial action, including associated activities, of haz15 ardous waste substances, pollutants, or contaminants pur16 suant to the Comprehensive Environmental Response,

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

18 9601 et seq.), $9,855,000, to remain available until ex19 pended: Provided, That notwithstanding 31 U.S.C. 3302,

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

21 as reimbursement for remedial action or response activi22 ties conducted by the Department pursuant to section 107

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

24 to be available until expended without further appropria25 tion: Provided further, That such sums recovered from or

26 paid by any party are not limited to monetary payments
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1 and may include stocks, bonds or other personal or real

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

3 disposed of by the Secretary and which shall be credited

4 to this account.

5 CONSTRUCTION

6 For construction of buildings, recreation facilities,

7 roads, trails, and appurtenant facilities, $15,000,000, to

8 remain available until expended.

9 LAND ACQUISITION

10 For expenses necessary to carry out sections 205,

11 206, and 318(d) of Public Law 94–579, including admin12 istrative expenses and acquisition of lands or waters, or

13 interests therein, $4,500,000, to be derived from the Land

14 and Water Conservation Fund and to remain available

15 until expended.

16 OREGON AND CALIFORNIA GRANT LANDS

17 For expenses necessary for management, protection,

18 and development of resources and for construction, oper19 ation, and maintenance of access roads, reforestation, and

20 other improvements on the revested Oregon and California

21 Railroad grant lands, on other Federal lands in the Or22 egon and California land-grant counties of Oregon, and

23 on adjacent rights-of-way; and acquisition of lands or in24 terests therein, including existing connecting roads on or

25 adjacent to such grant lands; $111,557,000, to remain

26 available until expended: Provided, That 25 percent of the
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1 aggregate of all receipts during the current fiscal year

2 from the revested Oregon and California Railroad grant

3 lands is hereby made a charge against the Oregon and

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

5 General Fund in the Treasury in accordance with the sec6 ond paragraph of subsection (b) of title II of the Act of

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

8 FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND

9 (REVOLVING FUND, SPECIAL ACCOUNT)

10 In addition to the purposes authorized in Public Law

11 102–381, funds made available in the Forest Ecosystems

12 Health and Recovery Fund can be used for the purpose

13 of planning, preparing, implementing and monitoring sal14 vage timber sales and forest ecosystem health and recovery

15 activities, such as release from competing vegetation and

16 density control treatments. The Federal share of receipts

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

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

19 1181f–1 et seq., and Public Law 106–393) derived from

20 treatments funded by this account shall be deposited into

21 the Forest Ecosystems Health and Recovery Fund.

22 RANGE IMPROVEMENTS

23 For rehabilitation, protection, and acquisition of

24 lands and interests therein, and improvement of Federal

25 rangelands pursuant to section 401 of the Federal Land

26 Policy and Management Act of 1976 (43 U.S.C. 1701),
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1 notwithstanding any other Act, sums equal to 50 percent

2 of all moneys received during the prior fiscal year under

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

4 315 et seq.) and the amount designated for range improve5 ments from grazing fees and mineral leasing receipts from

6 Bankhead-Jones lands transferred to the Department of

7 the Interior pursuant to law, but not less than

8 $10,000,000, to remain available until expended: Pro9 vided, That not to exceed $600,000 shall be available for

10 administrative expenses.

11 SERVICE CHARGES, DEPOSITS, AND FORFEITURES

12 For administrative expenses and other costs related

13 to processing application documents and other authoriza14 tions for use and disposal of public lands and resources,

15 for costs of providing copies of official public land docu16 ments, for monitoring construction, operation, and termi17 nation of facilities in conjunction with use authorizations,

18 and for rehabilitation of damaged property, such amounts

19 as may be collected under Public Law 94–579, as amend20 ed, and Public Law 93–153, to remain available until ex21 pended: Provided, That notwithstanding any provision to

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

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

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

25 forfeiture, compromise, or settlement, if not appropriate

26 for refund pursuant to section 305(c) of that Act (43
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1 U.S.C. 1735(c)), shall be available and may be expended

2 under the authority of this Act by the Secretary to im3 prove, protect, or rehabilitate any public lands adminis4 tered through the Bureau of Land Management which

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

6 purchaser, permittee, or any unauthorized person, without

7 regard to whether all moneys collected from each such ac8 tion are used on the exact lands damaged which led to

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

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

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

12 repair other damaged public lands.

13 MISCELLANEOUS TRUST FUNDS

14 In addition to amounts authorized to be expended

15 under existing laws, there is hereby appropriated such

16 amounts as may be contributed under section 307 of the

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

18 amounts as may be advanced for administrative costs, sur19 veys, appraisals, and costs of making conveyances of omit20 ted lands under section 211(b) of that Act, to remain

21 available until expended.

22 ADMINISTRATIVE PROVISIONS

23 Appropriations for the Bureau of Land Management

24 shall be available for purchase, erection, and dismantle25 ment of temporary structures, and alteration and mainte26 nance of necessary buildings and appurtenant facilities to
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1 which the United States has title; up to $100,000 for pay2 ments, at the discretion of the Secretary, for information

3 or evidence concerning violations of laws administered by

4 the Bureau; miscellaneous and emergency expenses of en5 forcement activities authorized or approved by the Sec6 retary and to be accounted for solely on her certificate,

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

8 U.S.C. 501, the Bureau may, under cooperative cost-shar9 ing and partnership arrangements authorized by law, pro10 cure printing services from cooperators in connection with

11 jointly produced publications for which the cooperators

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

13 and the Bureau determines the cooperator is capable of

14 meeting accepted quality standards.

15 UNITED STATES FISH AND WILDLIFE SERVICE

16 RESOURCE MANAGEMENT

17 For necessary expenses of the United States Fish and

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

19 and economic studies, maintenance of the herd of long20 horned cattle on the Wichita Mountains Wildlife Refuge,

21 general administration, and for the performance of other

22 authorized functions related to such resources by direct

23 expenditure, contracts, grants, cooperative agreements

24 and reimbursable agreements with public and private enti25 ties, $970,494,000, to remain available until September
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1 30, 2006, Provided, That not less than $1,750,000 shall

2 be provided to local governments in southern California

3 for planning associated with the Natural Communities

4 Conservation Planning (NCCP) program and shall remain

5 available until expended: Provided further, That

6 $2,000,000 is for high priority projects, which shall be

7 carried out by the Youth Conservation Corps: Provided

8 further, That not to exceed $16,226,000 shall be used for

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

10 4 of the Endangered Species Act, as amended, for species

11 that are indigenous to the United States (except for proc12 essing petitions, developing and issuing proposed and final

13 regulations, and taking any other steps to implement ac14 tions described in subsection (c)(2)(A), (c)(2)(B)(i), or

15 (c)(2)(B)(ii)), of which not to exceed $12,700,000 shall

16 be used for any activity regarding the designation of crit17 ical habitat, pursuant to subsection (a)(3), excluding liti18 gation support, for species listed pursuant to subsection

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

20 of the amount available for law enforcement, up to

21 $400,000, to remain available until expended, may at the

22 discretion of the Secretary be used for payment for infor23 mation, rewards, or evidence concerning violations of laws

24 administered by the Service, and miscellaneous and emer25 gency expenses of enforcement activity, authorized or ap-
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1 proved by the Secretary and to be accounted for solely on

2 her certificate: Provided further, That of the amount pro3 vided for environmental contaminants, up to $1,000,000

4 may remain available until expended for contaminant sam5 ple analyses.

6 CONSTRUCTION

7 For construction, improvement, acquisition, or re8 moval of buildings and other facilities required in the con9 servation, management, investigation, protection, and uti10 lization of fishery and wildlife resources, and the acquisi11 tion of lands and interests therein; $48,400,000, to remain

12 available until expended.

13 LAND ACQUISITION

14 For expenses necessary to carry out the Land and

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

16 U.S.C. 4601–4 through 11), including administrative ex17 penses, and for acquisition of land or waters, or interest

18 therein, in accordance with statutory authority applicable

19 to the United States Fish and Wildlife Service,

20 $12,500,000, to be derived from the Land and Water Con21 servation Fund and to remain available until expended:

22 Provided, That none of the funds appropriated for specific

23 land acquisition projects can be used to pay for any ad24 ministrative overhead, planning or other management

25 costs.
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1 LANDOWNER INCENTIVE PROGRAM

2 For expenses necessary to carry out the Land and

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

4 U.S.C. 460l–4 through 11), including administrative ex5 penses, and for private conservation efforts to be carried

6 out on private lands, $15,000,000, to be derived from the

7 Land and Water Conservation Fund, and to remain avail8 able until expended: Provided, That the amount provided

9 herein is for a Landowner Incentive Program established

10 by the Secretary that provides matching, competitively

11 awarded grants to States, the District of Columbia, feder12 ally recognized Indian tribes, Puerto Rico, Guam, the

13 United States Virgin Islands, the Northern Mariana Is14 lands, and American Samoa, to establish or supplement

15 existing landowner incentive programs that provide tech16 nical and financial assistance, including habitat protection

17 and restoration, to private landowners for the protection

18 and management of habitat to benefit federally listed, pro19 posed, candidate, or other at-risk species on private lands.

20 PRIVATE STEWARDSHIP GRANTS

21 For expenses necessary to carry out the Land and

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

23 U.S.C. 460l–4 through 11), including administrative ex24 penses, and for private conservation efforts to be carried

25 out on private lands, $5,000,000, to be derived from the

26 Land and Water Conservation Fund, and to remain avail-
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1 able until expended: Provided, That the amount provided

2 herein is for the Private Stewardship Grants Program es3 tablished by the Secretary to provide grants and other as4 sistance to individuals and groups engaged in private con5 servation efforts that benefit federally listed, proposed,

6 candidate, or other at-risk species: Provided further, That

7 balances from amounts previously appropriated under the

8 heading ‘‘Stewardship Grants’’ shall be transferred to and

9 merged with this appropriation and shall remain available

10 until expended.

11 COOPERATIVE ENDANGERED SPECIES CONSERVATION

12 FUND

13 For expenses necessary to carry out section 6 of the

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

15 as amended, $81,596,000, of which $49,384,000 is to be

16 derived from the Cooperative Endangered Species Con17 servation Fund and $49,384,000 is to be derived from the

18 Land and Water Conservation Fund and to remain avail19 able until expended.

20 NATIONAL WILDLIFE REFUGE FUND

21 For expenses necessary to implement the Act of Octo22 ber 17, 1978 (16 U.S.C. 715s), $14,414,000.

23 NORTH AMERICAN WETLANDS CONSERVATION FUND

24 For expenses necessary to carry out the provisions

25 of the North American Wetlands Conservation Act, Public
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1 Law 101–233, as amended, $38,000,000, to remain avail2 able until expended.

3 NEOTROPICAL MIGRATORY BIRD CONSERVATION

4 For financial assistance for projects to promote the

5 conservation of neotropical migratory birds in accordance

6 with the Neotropical Migratory Bird Conservation Act,

7 Public Law 106–247 (16 U.S.C. 6101–6109), $4,400,000,

8 to remain available until expended.

9 MULTINATIONAL SPECIES CONSERVATION FUND

10 For expenses necessary to carry out the African Ele11 phant Conservation Act (16 U.S.C. 4201–4203, 4211–

12 4213, 4221–4225, 4241–4245, and 1538), the Asian Ele13 phant Conservation Act of 1997 (Public Law 105–96; 16

14 U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva15 tion Act of 1994 (16 U.S.C. 5301–5306), and the Great

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

17 $5,900,000, to remain available until expended.

18 STATE AND TRIBAL WILDLIFE GRANTS

19 For wildlife conservation grants to States and to the

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

21 States Virgin Islands, the Northern Mariana Islands,

22 American Samoa, and federally recognized Indian tribes

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

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

26 of wildlife and their habitat, including species that are not
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1 hunted or fished, $67,500,000, to be derived from the

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

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

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

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

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

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

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

16 shall apportion the remaining amount in the following

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

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

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

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

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

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

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

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

2 Provided further, That the Federal share of planning

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

4 such projects and the Federal share of implementation

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

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

7 share of such projects may not be derived from Federal

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

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

11 2005, a comprehensive wildlife conservation plan, con12 sistent with criteria established by the Secretary of the

13 Interior, that considers the broad range of the State, terri14 tory, or other jurisdiction’s wildlife and associated habi15 tats, with appropriate priority placed on those species with

16 the greatest conservation need and taking into consider17 ation the relative level of funding available for the con18 servation of those species: Provided further, That any

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

20 other jurisdiction that remains unobligated as of Sep21 tember 30, 2006, shall be reapportioned, together with

22 funds appropriated in 2007, in the manner provided here23 in: Provided further, That balances from amounts pre24 viously appropriated under the heading ‘‘State Wildlife
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1 Grants’’ shall be transferred to and merged with this ap2 propriation and shall remain available until expended.

3 ADMINISTRATIVE PROVISIONS

4 Appropriations and funds available to the United

5 States Fish and Wildlife Service shall be available for pur6 chase of not to exceed 179 passenger motor vehicles, of

7 which 161 are for replacement only (including 44 for po8 lice-type use); repair of damage to public roads within and

9 adjacent to reservation areas caused by operations of the

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

11 $1 for each option; facilities incident to such public rec12 reational uses on conservation areas as are consistent with

13 their primary purpose; and the maintenance and improve14 ment of aquaria, buildings, and other facilities under the

15 jurisdiction of the Service and to which the United States

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

17 with management, and investigation of fish and wildlife

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

19 the Service may, under cooperative cost sharing and part20 nership arrangements authorized by law, procure printing

21 services from cooperators in connection with jointly pro22 duced publications for which the cooperators share at least

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

24 the Service determines the cooperator is capable of meet25 ing accepted quality standards: Provided further, That not26 withstanding any other provision of law, the service may
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1 use up to $2,000,000 from funds provided for contracts

2 for employment-related legal services: Provided further,

3 That the Service may accept donated aircraft as replace4 ments for existing aircraft: Provided further, That not5 withstanding any other provision of law, the Secretary of

6 the Interior may not spend any of the funds appropriated

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

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

9 National Wildlife Refuge System unless the purchase is

10 approved in advance by the House and Senate Committees

11 on Appropriations in compliance with the reprogramming

12 procedures contained in House Report 108–330.

13 NATIONAL PARK SERVICE

14 OPERATION OF THE NATIONAL PARK SYSTEM

15 For expenses necessary for the management, oper16 ation, and maintenance of areas and facilities adminis17 tered by the National Park Service (including special road

18 maintenance service to trucking permittees on a reimburs19 able basis), and for the general administration of the Na20 tional Park Service, $1,686,067,000, of which

21 $10,708,000 is for planning and interagency coordination

22 in support of Everglades restoration and shall remain

23 available until expended; of which $94,690,000, to remain

24 available until September 30, 2005, is for maintenance,

25 repair or rehabilitation projects for constructed assets, op-
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1 eration of the National Park Service automated facility

2 management software system, and comprehensive facility

3 condition assessments; and of which $2,000,000 is for the

4 Youth Conservation Corps for high priority projects: Pro5 vided, That the only funds in this account which may be

6 made available to support United States Park Police are

7 those funds approved for emergency law and order inci8 dents pursuant to established National Park Service pro9 cedures, those funds needed to maintain and repair United

10 States Park Police administrative facilities, and those

11 funds necessary to reimburse the United States Park Po12 lice account for the unbudgeted overtime and travel costs

13 associated with special events for an amount not to exceed

14 $10,000 per event subject to the review and concurrence

15 of the Washington headquarters office.

16 UNITED STATES PARK POLICE

17 For expenses necessary to carry out the programs of

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

19 NATIONAL RECREATION AND PRESERVATION

20 For expenses necessary to carry out recreation pro21 grams, natural programs, cultural programs, heritage

22 partnership programs, environmental compliance and re23 view, international park affairs, statutory or contractual

24 aid for other activities, and grant administration, not oth25 erwise provided for, $53,877,000: Provided, That

26 $700,000 from the Statutory and Contractual Aid Ac-
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1 count shall be provided to the City of Tacoma, Washington

2 for the purpose of conducting a feasibility study for the

3 Train to the Mountain project: Provided further, That

4 none of the funds in this or previous Acts for the Rivers,

5 Trails and Conservation Assistance Program may be used

6 for cooperative agreements, contracts, or cash grants.

7 HISTORIC PRESERVATION FUND

8 For expenses necessary in carrying out the Historic

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

10 and the Omnibus Parks and Public Lands Management

11 Act of 1996 (Public Law 104–333), $71,533,000, to be

12 derived from the Historic Preservation Fund, to remain

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

14 shall be for Save America’s Treasures for priority preser15 vation projects, of nationally significant sites, structures,

16 and artifacts: Provided, That any individual Save Amer17 ica’s Treasures grant shall be matched by non-Federal

18 funds: Provided further, That individual projects shall only

19 be eligible for one grant, and all projects to be funded shall

20 be approved by the House and Senate Committees on Ap21 propriations and the Secretary of the Interior in consulta22 tion with the President’s Committee on the Arts and Hu23 manities prior to the commitment of grant funds: Provided

24 further, That Save America’s Treasures funds allocated

25 for Federal projects, following approval, shall be available

26 by transfer to appropriate accounts of individual agencies.
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1 CONSTRUCTION

2 For construction, improvements, repair or replace3 ment of physical facilities, including the modifications au4 thorized by section 104 of the Everglades National Park

5 Protection and Expansion Act of 1989, $297,628,000, to

6 remain available until expended: Provided, That none of

7 the funds available to the National Park Service may be

8 used to plan, design, or construct any partnership project

9 with a total value in excess of $5,000,000, without ad10 vance, written approval of the House and Senate Commit11 tees on Appropriations: Provided further, That, notwith12 standing any other provision of law, the National Park

13 Service may not accept donations or services associated

14 with the planning, design, or construction of such new fa15 cilities without advance written approval of the House and

16 Senate Committees on Appropriations: Provided further,

17 That these restrictions do not apply to the Flight 93 Me18 morial: Provided further, That none of the funds provided

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

20 or construction of any underground security screening or

21 visitor contact facility at the Washington Monument until

22 such facility has been approved in writing by the House

23 and Senate Committees on Appropriations: Provided fur24 ther, That funds appropriated in this Act and in any prior

25 Acts for the purpose of implementing the Modified Water
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1 Deliveries to Everglades National Park Project shall be

2 available for expenditure unless the joint report of the Sec3 retary of the Interior, the Secretary of the Army, the Ad4 ministrator of the Environmental Protection Agency, and

5 the Attorney General which shall be filed within 90 days

6 of enactment of this Act and by September 30 each year

7 thereafter until December 31, 2006, to the House and

8 Senate Committees on Appropriations, the House Com9 mittee on Transportation and Infrastructure, the House

10 Committee on Resources and the Senate Committee on

11 Environment and Public Works, indicates that the water

12 entering A.R.M. Loxahatchee National Wildlife Refuge

13 and Everglades National Park does not meet applicable

14 State water quality standards and numeric criteria adopt15 ed for phosphorus throughout A.R.M. Loxahatchee Na16 tional Wildlife Refuge and Everglades National Park, as

17 well as water quality requirements set forth in the Consent

18 Decree entered in United States v. South Florida Water

19 Management District, and that the House and Senate

20 Committees on Appropriations respond in writing dis21 approving the further expenditure of funds.

22 LAND AND WATER CONSERVATION FUND

23 (RESCISSION)

24 The contract authority provided for fiscal year 2005

25 by 16 U.S.C. 460l–10a is rescinded.
25

•HR 4568 EH

1 LAND ACQUISITION AND STATE ASSISTANCE

2 For expenses necessary to carry out the Land and

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

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

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

6 in accordance with the statutory authority applicable to

7 the National Park Service, $107,500,000, to be derived

8 from the Land and Water Conservation Fund and to re9 main available until expended, of which $91,500,000 is for

10 the State assistance program including $1,500,000 to ad11 minister this program: Provided, That none of the funds

12 provided for the State assistance program may be used

13 to establish a contingency fund.

14 ADMINISTRATIVE PROVISIONS

15 Appropriations for the National Park Service shall be

16 available for the purchase of not to exceed 249 passenger

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

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

19 and 8 ambulances: Provided, That none of the funds ap20 propriated to the National Park Service may be used to

21 process any grant or contract documents which do not in22 clude the text of 18 U.S.C. 1913: Provided further, That

23 none of the funds appropriated to the National Park Serv24 ice may be used to implement an agreement for the rede25 velopment of the southern end of Ellis Island until such

26 agreement has been submitted to the Congress and shall
26

•HR 4568 EH

1 not be implemented prior to the expiration of 30 calendar

2 days (not including any day in which either House of Con3 gress is not in session because of adjournment of more

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

5 by the Speaker of the House of Representatives and the

6 President of the Senate of a full and comprehensive report

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

8 including the facts and circumstances relied upon in sup9 port of the proposed project: Provided further, That appro10 priations available to the National Park Service may be

11 used to maintain the following areas in Washington, Dis12 trict of Columbia: Jackson Place, Madison Place, and

13 Pennsylvania Avenue between 15th and 17th Streets,

14 Northwest.

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

16 National Park Service for activities taken in direct re17 sponse to the United Nations Biodiversity Convention.

18 The National Park Service may distribute to oper19 ating units based on the safety record of each unit the

20 costs of programs designed to improve workplace and em21 ployee safety, and to encourage employees receiving work22 ers’ compensation benefits pursuant to chapter 81 of title

23 5, United States Code, to return to appropriate positions

24 for which they are medically able.
27

•HR 4568 EH

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 If the Secretary of the Interior considers the decision

11 of any value determination proceeding conducted under a

12 National Park Service concession contract issued prior to

13 November 13, 1998, to misinterpret and/or misapply rel14 evant contractual requirements, and their underlying legal

15 authority, the Secretary may seek the de novo review of

16 the value determination by the United States Court of

17 Federal Claims, and that court may make an order affirm18 ing, vacating, modifying or correcting the determination.

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

20 of Public Law 105–391, franchise fees credited to a sub21 account shall be available for expenditure by the Sec22 retary, without further appropriation, for use at any unit

23 within the National Park System to extinguish or reduce

24 liability for Possessory Interest or leasehold surrender in25 terest. Such funds may only be used for this purpose to
28

•HR 4568 EH

1 the extent that the benefiting unit anticipated franchise

2 fee receipts over the term of the contract at that unit ex3 ceed the amount of funds used to extinguish or reduce

4 liability. Franchise fees at the benefiting unit shall be

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

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

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

8 to extinguish or reduce liability.

9 UNITED STATES GEOLOGICAL SURVEY

10 SURVEYS, INVESTIGATIONS, AND RESEARCH

11 For expenses necessary for the United States Geo12 logical Survey to perform surveys, investigations, and re13 search covering topography, geology, hydrology, biology,

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

15 its territories and possessions, and other areas as author16 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as

17 to their mineral and water resources; give engineering su18 pervision to power permittees and Federal Energy Regu19 latory Commission licensees; administer the minerals ex20 ploration program (30 U.S.C. 641); and publish and dis21 seminate data relative to the foregoing activities; and to

22 conduct inquiries into the economic conditions affecting

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

24 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes

25 as authorized by law and to publish and disseminate data;
29

•HR 4568 EH

1 $944,498,000, of which $63,262,000 shall be available

2 only for cooperation with States or municipalities for

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

4 shall remain available until expended for conducting in5 quiries into the economic conditions affecting mining and

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

7 shall remain available until expended for satellite oper8 ations; and of which $20,099,000 shall be available until

9 September 30, 2006, for the operation and maintenance

10 of facilities and deferred maintenance; and of which

11 $1,600,000 shall be available until expended for deferred

12 maintenance and capital improvement projects that exceed

13 $100,000 in cost; and of which $171,976,000 shall be

14 available until September 30, 2006, for the biological re15 search activity and the operation of the Cooperative Re16 search Units: Provided, That none of these funds provided

17 for the biological research activity shall be used to conduct

18 new surveys on private property, unless specifically au19 thorized in writing by the property owner: Provided fur20 ther, That no part of this appropriation shall be used to

21 pay more than one-half the cost of topographic mapping

22 or water resources data collection and investigations car23 ried on in cooperation with States and municipalities.

24 ADMINISTRATIVE PROVISIONS

25 The amount appropriated for the United States Geo26 logical Survey shall be available for the purchase and re-
30

•HR 4568 EH

1 placement of passenger motor vehicles; reimbursement to

2 the General Services Administration for security guard

3 services; contracting for the furnishing of topographic

4 maps and for the making of geophysical or other special5 ized surveys when it is administratively determined that

6 such procedures are in the public interest; construction

7 and maintenance of necessary buildings and appurtenant

8 facilities; acquisition of lands for gauging stations and ob9 servation wells; expenses of the United States National

10 Committee on Geology; and payment of compensation and

11 expenses of persons on the rolls of the Survey duly ap12 pointed to represent the United States in the negotiation

13 and administration of interstate compacts: Provided, That

14 activities funded by appropriations herein made may be

15 accomplished through the use of contracts, grants, or co16 operative agreements as defined in 31 U.S.C. 6302 et seq.:

17 Provided further, That the United States Geological Sur18 vey may enter into contracts or cooperative agreements

19 directly with individuals or indirectly with institutions or

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

21 for the temporary or intermittent services of students or

22 recent graduates, who shall be considered employees for

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

24 Code, relating to compensation for travel and work inju25 ries, and chapter 171 of title 28, United States Code, re-
31

•HR 4568 EH

1 lating to tort claims, but shall not be considered to be Fed2 eral employees for any other purposes.

3 MINERALS MANAGEMENT SERVICE

4 ROYALTY AND OFFSHORE MINERALS MANAGEMENT

5 For expenses necessary for minerals leasing and envi6 ronmental studies, regulation of industry operations, and

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

8 laws and regulations applicable to oil, gas, and other min9 erals leases, permits, licenses and operating contracts; and

10 for matching grants or cooperative agreements; including

11 the purchase of not to exceed eight passenger motor vehi12 cles for replacement only, $171,575,000, of which

13 $81,906,000 shall be available for royalty management ac14 tivities; and an amount not to exceed $103,730,000, to

15 be credited to this appropriation and to remain available

16 until expended, from additions to receipts resulting from

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

18 increases to fee collections for Outer Continental Shelf ad19 ministrative activities performed by the Minerals Manage20 ment Service (MMS) over and above the rates in effect

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

22 Outer Continental Shelf administrative activities estab23 lished after September 30, 1993: Provided, That to the

24 extent $103,730,000 in additions to receipts are not real25 ized from the sources of receipts stated above, the amount
32

•HR 4568 EH

1 needed to reach $103,730,000 shall be credited to this ap2 propriation from receipts resulting from rental rates for

3 Outer Continental Shelf leases in effect before August 5,

4 1993: Provided further, That $3,000,000 for computer ac5 quisitions shall remain available until September 30,

6 2006: Provided further, That funds appropriated under

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

8 accordance with 30 U.S.C. 1721(b) and (d): Provided fur9 ther, That not to exceed $3,000 shall be available for rea10 sonable expenses related to promoting volunteer beach and

11 marine cleanup activities: Provided further, That notwith12 standing any other provision of law, $15,000 under this

13 heading shall be available for refunds of overpayments in

14 connection with certain Indian leases in which the Direc15 tor of MMS concurred with the claimed refund due, to

16 pay amounts owed to Indian allottees or tribes, or to cor17 rect prior unrecoverable erroneous payments: Provided

18 further, That MMS may under the royalty-in-kind pilot

19 program, or under its authority to transfer oil to the Stra20 tegic Petroleum Reserve, use a portion of the revenues

21 from royalty-in-kind sales, without regard to fiscal year

22 limitation, to pay for transportation to wholesale market

23 centers or upstream pooling points, and to process or oth24 erwise dispose of royalty production taken in kind, and

25 to recover MMS transportation costs, salaries, and other
33

•HR 4568 EH

1 administrative costs directly related to filling the Strategic

2 Petroleum Reserve: Provided further, That MMS shall

3 analyze and document the expected return in advance of

4 any royalty-in-kind sales to assure to the maximum extent

5 practicable that royalty income under the pilot program

6 is equal to or greater than royalty income recognized

7 under a comparable royalty-in-value program: Provided

8 further, That in fiscal year 2005 and thereafter, notwith9 standing 30 U.S.C. 191(a) and 43 U.S.C. 1338, the Sec10 retary shall pay, not to exceed $499,000 annually,

11 amounts owed to States under the provision of 30 U.S.C.

12 1721(b) from amounts received as current receipts from

13 bonuses, royalties, interest collected from lessees and des14 ignees, and rentals of the public lands and the outer conti15 nental shelf under provisions of the Mineral Leasing Act

16 (30 U.S.C. 181 et seq.), and the Outer Continental Shelf

17 Lands Act (43 U.S.C. 1331 et seq.), which are not payable

18 to a State or the Reclamation Fund.

19 OIL SPILL RESEARCH

20 For necessary expenses to carry out title I, section

21 1016, title IV, sections 4202 and 4303, title VII, and title

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

23 $7,105,000, which shall be derived from the Oil Spill Li24 ability Trust Fund, to remain available until expended.
34

•HR 4568 EH

1 OFFICE OF SURFACE MINING RECLAMATION AND

2 ENFORCEMENT

3 REGULATION AND TECHNOLOGY

4 For necessary expenses to carry out the provisions

5 of the Surface Mining Control and Reclamation Act of

6 1977, Public Law 95–87, as amended, including the pur7 chase of not to exceed 10 passenger motor vehicles, for

8 replacement only; $108,805,000: Provided, That the Sec9 retary of the Interior, pursuant to regulations, may use

10 directly or through grants to States, moneys collected in

11 fiscal year 2005 for civil penalties assessed under section

12 518 of the Surface Mining Control and Reclamation Act

13 of 1977 (30 U.S.C. 1268), to reclaim lands adversely af14 fected by coal mining practices after August 3, 1977, to

15 remain available until expended: Provided further, That

16 appropriations for the Office of Surface Mining Reclama17 tion and Enforcement may provide for the travel and per

18 diem expenses of State and tribal personnel attending Of19 fice of Surface Mining Reclamation and Enforcement

20 sponsored training.

21 ABANDONED MINE RECLAMATION FUND

22 For necessary expenses to carry out title IV of the

23 Surface Mining Control and Reclamation Act of 1977,

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

25 of not more than 10 passenger motor vehicles for replace26 ment only, $194,106,000, to be derived from receipts of
35

•HR 4568 EH

1 the Abandoned Mine Reclamation Fund and to remain

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

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

4 shall be for supplemental grants to States for the reclama5 tion of abandoned sites with acid mine rock drainage from

6 coal mines, and for associated activities, through the Ap7 palachian Clean Streams Initiative: Provided, That grants

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

9 in fiscal year 2005: Provided further, That pursuant to

10 Public Law 97–365, the Department of the Interior is au11 thorized to use up to 20 percent from the recovery of the

12 delinquent debt owed to the United States Government to

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

14 That funds made available under title IV of Public Law

15 95–87 may be used for any required non-Federal share

16 of the cost of projects funded by the Federal Government

17 for the purpose of environmental restoration related to

18 treatment or abatement of acid mine drainage from aban19 doned mines: Provided further, That such projects must

20 be consistent with the purposes and priorities of the Sur21 face Mining Control and Reclamation Act: Provided fur22 ther, That the State of Maryland may set aside the greater

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

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

25 Mining Control and Reclamation Act of 1977, as amended
36

•HR 4568 EH

1 (30 U.S.C. 1231 et seq.), if the amount set aside is depos2 ited in an acid mine drainage abatement and treatment

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

4 the amount (together with all interest earned on the

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

6 drainage abatement and treatment projects, except that

7 before any amounts greater than 10 percent of its title

8 IV grants are deposited in an acid mine drainage abate9 ment and treatment fund, the State of Maryland must

10 first complete all Surface Mining Control and Reclamation

11 Act priority one projects: Provided further, That amounts

12 provided under this heading may be used for the travel

13 and per diem expenses of State and tribal personnel at14 tending Office of Surface Mining Reclamation and En15 forcement sponsored training.

16 BUREAU OF INDIAN AFFAIRS

17 OPERATION OF INDIAN PROGRAMS

18 For expenses necessary for the operation of Indian

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

20 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De21 termination and Education Assistance Act of 1975 (25

22 U.S.C. 450 et seq.), as amended, the Education Amend23 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally

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

25 as amended, $1,935,033,000, to remain available until
37

•HR 4568 EH

1 September 30, 2006 except as otherwise provided herein,

2 of which not to exceed $85,638,000 shall be for welfare

3 assistance payments and notwithstanding any other provi4 sion of law, including but not limited to the Indian Self5 Determination Act of 1975, as amended, not to exceed

6 $133,314,000 shall be available for payments to tribes and

7 tribal organizations for contract support costs associated

8 with ongoing contracts, grants, compacts, or annual fund9 ing agreements entered into with the Bureau prior to or

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

11 that tribes and tribal organizations may use their tribal

12 priority allocations for unmet indirect costs of ongoing

13 contracts, grants, or compacts, or annual funding agree14 ments and for unmet welfare assistance costs; and of

15 which not to exceed $458,057,000 for school operations

16 costs of Bureau-funded schools and other education pro17 grams shall become available on July 1, 2005, and shall

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

19 not to exceed $61,409,000 shall remain available until ex20 pended for housing improvement, road maintenance, at21 torney fees, litigation support, the Indian Self-Determina22 tion Fund, land records improvement, and the Navajo23 Hopi Settlement Program: Provided, That notwith24 standing any other provision of law, including but not lim25 ited to the Indian Self-Determination Act of 1975, as
38

•HR 4568 EH

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

2 within and only from such amounts made available for

3 school operations shall be available to tribes and tribal or4 ganizations for administrative cost grants associated with

5 ongoing grants entered into with the Bureau prior to or

6 during fiscal year 2004 for the operation of Bureau-fund7 ed schools, and up to $3,000,000 within and only from

8 such amounts made available for school operations shall

9 be available for the transitional costs of initial administra10 tive cost grants to tribes and tribal organizations that

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

12 2004 of Bureau-operated schools: Provided further, That

13 any forestry funds allocated to a tribe which remain unob14 ligated as of September 30, 2006, may be transferred dur15 ing fiscal year 2007 to an Indian forest land assistance

16 account established for the benefit of such tribe within the

17 tribe’s trust fund account: Provided further, That any such

18 unobligated balances not so transferred shall expire on

19 September 30, 2007.

20 CONSTRUCTION

21 For construction, repair, improvement, and mainte22 nance of irrigation and power systems, buildings, utilities,

23 and other facilities, including architectural and engineer24 ing services by contract; acquisition of lands, and interests

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

26 construction of the Navajo Indian Irrigation Project pur-
39

•HR 4568 EH

1 suant to Public Law 87–483, $348,626,000, to remain

2 available until expended: Provided, That such amounts as

3 may be available for the construction of the Navajo Indian

4 Irrigation Project may be transferred to the Bureau of

5 Reclamation: Provided further, That not to exceed 6 per6 cent of contract authority available to the Bureau of In7 dian Affairs from the Federal Highway Trust Fund may

8 be used to cover the road program management costs of

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

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

11 shall be made available on a nonreimbursable basis: Pro12 vided further, That for fiscal year 2005, in implementing

13 new construction or facilities improvement and repair

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

15 tribally controlled grant schools under Public Law 100–

16 297, as amended, the Secretary of the Interior shall use

17 the Administrative and Audit Requirements and Cost

18 Principles for Assistance Programs contained in 43 CFR

19 part 12 as the regulatory requirements: Provided further,

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

21 43 CFR; the Secretary and the grantee shall negotiate and

22 determine a schedule of payments for the work to be per23 formed: Provided further, That in considering applications,

24 the Secretary shall consider whether the Indian tribe or

25 tribal organization would be deficient in assuring that the
40

•HR 4568 EH

1 construction projects conform to applicable building stand2 ards and codes and Federal, tribal, or State health and

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

4 respect to organizational and financial management capa5 bilities: Provided further, That if the Secretary declines an

6 application, the Secretary shall follow the requirements

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

8 any disputes between the Secretary and any grantee con9 cerning a grant shall be subject to the disputes provision

10 in 25 U.S.C. 2507(e): Provided further, That, of the funds

11 provided for the tribal school demonstration program, not12 withstanding the provisions of paragraph (b)(1) of section

13 122 of division F of Public Law 108–7, as amended by

14 section 136 of Public Law 108–108, $4,500,000 is for the

15 Eastern Band of Cherokee education campus at the

16 Ravensford tract.

17 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND

18 MISCELLANEOUS PAYMENTS TO INDIANS

19 For miscellaneous payments to Indian tribes and in20 dividuals and for necessary administrative expenses,

21 $44,771,000, to remain available until expended, for im22 plementation of enacted Indian land and water claim set23 tlements pursuant to Public Laws 99–264, 100–580, 101–

24 618, 106–554, 107–331, and 108–34, and for implemen25 tation of other land and water rights settlements; and of

26 which $10,032,000 shall be available for payment to the
41

•HR 4568 EH

1 Quinault Indian Nation pursuant to the terms of the

2 North Boundary Settlement Agreement dated July 14,

3 2000, providing for the acquisition of perpetual conserva4 tion easements from the Nation.

5 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

6 For the cost of guaranteed and insured loans,

7 $6,421,000, of which $695,000 is for administrative ex8 penses, as authorized by the Indian Financing Act of

9 1974, as amended: Provided, That such costs, including

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

11 section 502 of the Congressional Budget Act of 1974: Pro12 vided further, That these funds are available to subsidize

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

14 not to exceed $84,699,000.

15 ADMINISTRATIVE PROVISIONS

16 The Bureau of Indian Affairs may carry out the oper17 ation of Indian programs by direct expenditure, contracts,

18 cooperative agreements, compacts and grants, either di19 rectly or in cooperation with States and other organiza20 tions.

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

22 Affairs may contract for services in support of the man23 agement, operation, and maintenance of the Power Divi24 sion of the San Carlos Irrigation Project.

25 Appropriations for the Bureau of Indian Affairs (ex26 cept the revolving fund for loans, the Indian loan guar-
42

•HR 4568 EH

1 antee and insurance fund, and the Indian Guaranteed

2 Loan Program account) shall be available for expenses of

3 exhibits, and purchase and replacement of passenger

4 motor vehicles.

5 Notwithstanding any other provision of law, no funds

6 available to the Bureau of Indian Affairs for central office

7 operations or pooled overhead general administration (ex8 cept facilities operations and maintenance) shall be avail9 able for tribal contracts, grants, compacts, or cooperative

10 agreements with the Bureau of Indian Affairs under the

11 provisions of the Indian Self-Determination Act or the

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

13 413).

14 In the event any tribe returns appropriations made

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

16 distribution to other tribes, this action shall not diminish

17 the Federal Government’s trust responsibility to that

18 tribe, or the government-to-government relationship be19 tween the United States and that tribe, or that tribe’s abil20 ity to access future appropriations.

21 Notwithstanding any other provision of law, no funds

22 available to the Bureau, other than the amounts provided

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

24 452 et seq., shall be available to support the operation of

25 any elementary or secondary school in the State of Alaska.
43

•HR 4568 EH

1 Appropriations made available in this or any other

2 Act for schools funded by the Bureau shall be available

3 only to the schools in the Bureau school system as of Sep4 tember 1, 1996. No funds available to the Bureau shall

5 be used to support expanded grades for any school or dor6 mitory beyond the grade structure in place or approved

7 by the Secretary of the Interior at each school in the Bu8 reau school system as of October 1, 1995. Funds made

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

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

11 is defined in section 1146 of the Education Amendments

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

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

14 Act and that has operated at a Bureau-funded school be15 fore September 1, 1999, may continue to operate during

16 that period, but only if the charter school pays to the Bu17 reau a pro rata share of funds to reimburse the Bureau

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

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

20 separate and apart from Bureau funds, and the Bureau

21 does not assume any obligation for charter school pro22 grams of the State in which the school is located if the

23 charter school loses such funding. Employees of Bureau24 funded schools sharing a campus with a charter school and

25 performing functions related to the charter school’s oper-
44

•HR 4568 EH

1 ation and employees of a charter school shall not be treat2 ed as Federal employees for purposes of chapter 171 of

3 title 28, United States Code.

4 DEPARTMENTAL OFFICES

5 INSULAR AFFAIRS

6 ASSISTANCE TO TERRITORIES

7 For expenses necessary for assistance to territories

8 under the jurisdiction of the Department of the Interior,

9 $74,935,000, of which: (1) $68,372,000 shall be available

10 until expended for technical assistance, including mainte11 nance assistance, disaster assistance, insular management

12 controls, coral reef initiative activities, and brown tree

13 snake control and research; grants to the judiciary in

14 American Samoa for compensation and expenses, as au15 thorized by law (48 U.S.C. 1661(c)); grants to the Govern16 ment of American Samoa, in addition to current local rev17 enues, for construction and support of governmental func18 tions; grants to the Government of the Virgin Islands as

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

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

21 the Northern Mariana Islands as authorized by law (Pub22 lic Law 94-241; 90 Stat. 272); and (2) $6,563,000 shall

23 be available for salaries and expenses of the Office of Insu24 lar Affairs: Provided, That all financial transactions of the

25 territorial and local governments herein provided for, in-
45

•HR 4568 EH

1 cluding such transactions of all agencies or instrumental2 ities established or used by such governments, may be au3 dited by the General Accounting Office, at its discretion,

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

5 Code: Provided further, That Northern Mariana Islands

6 Covenant grant funding shall be provided according to

7 those terms of the Agreement of the Special Representa8 tives on Future United States Financial Assistance for the

9 Northern Mariana Islands approved by Public Law 104–

10 134: Provided further, That of the amounts provided for

11 technical assistance, sufficient funds shall be made avail12 able for a grant to the Pacific Basin Development Council:

13 Provided further, That of the amounts provided for tech14 nical assistance, sufficient funding shall be made available

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

16 That the funds for the program of operations and mainte17 nance improvement are appropriated to institutionalize

18 routine operations and maintenance improvement of cap19 ital infrastructure with territorial participation and cost

20 sharing to be determined by the Secretary based on the

21 grantee’s commitment to timely maintenance of its capital

22 assets: Provided further, That any appropriation for dis23 aster assistance under this heading in this Act or previous

24 appropriations Acts may be used as non-Federal matching

25 funds for the purpose of hazard mitigation grants provided
46

•HR 4568 EH

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

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

3 COMPACT OF FREE ASSOCIATION

4 For grants and necessary expenses, $5,499,000, as

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

6 Compact of Free Association for the Republic of Palau

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

8 188; and section 221(a)(2) of the Compacts of Free Asso9 ciation and their related agreements between the Govern10 ment of the United States and the Government of the Re11 public of the Marshall Islands as amended.

12 DEPARTMENTAL MANAGEMENT

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses for management of the De16 partment of the Interior, $93,051,000, of which not to ex17 ceed $8,500 may be for official reception and representa18 tion expenses, of which up to $1,000,000 shall be available

19 for workers compensation payments and unemployment

20 compensation payments associated with the orderly clo21 sure of the United States Bureau of Mines, and of which

22 $13,500,000, to be derived by transfer from unobligated

23 balances in the ‘‘Central Hazardous Materials Fund’’,

24 shall remain available until expended for a departmental

25 financial and business management system. Provided,

26 That none of the funds in this or previous appropriations
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1 Acts may be used to establish any additional reserves in

2 the Working Capital Fund account other than the two au3 thorized reserves without prior approval of the House and

4 Senate Committees on Appropriations: Provided further,

5 That amounts otherwise appropriated by this Act for

6 motor vehicle lease, purchase or service costs at the De7 partment of the Interior are reduced by $13,500,000 and,

8 not later than 30 days after the date of the enactment

9 of this Act, the Director of the Office of Management and

10 Budget shall submit to the Committees on Appropriations

11 of the House of Representatives and the Senate a listing

12 of the amounts by account of the reductions made pursu13 ant to this proviso.

14 PAYMENTS IN LIEU OF TAXES

15 For expenses necessary to implement the Act of Octo16 ber 20, 1976, as amended (31 U.S.C. 6901-6907),

17 $226,000,000, of which not to exceed $400,000 shall be

18 available for administrative expenses: Provided, That no

19 payment shall be made to otherwise eligible units of local

20 government if the computed amount of the payment is less

21 than $100.

22 OFFICE OF THE SOLICITOR

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of the Solicitor,

25 $51,356,000.
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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector

4 General, $37,655,000.

5 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

6 FEDERAL TRUST PROGRAMS

7 For the operation of trust programs for Indians by

8 direct expenditure, contracts, cooperative agreements,

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

10 until expended: Provided, That of the amounts available

11 under this heading not to exceed $58,000,000 shall be

12 available for records collection and indexing, imaging and

13 coding, accounting for per capita and judgment accounts,

14 accounting for tribal accounts, reviewing and distributing

15 funds from special deposit accounts, and program man16 agement of the Office of Historical Trust Accounting, in17 cluding litigation support: Provided further, That funds for

18 trust management improvements and litigation support

19 may, as needed, be transferred to or merged with the Bu20 reau of Indian Affairs, ‘‘Operation of Indian Programs’’

21 account; the Office of the Solicitor, ‘‘Salaries and Ex22 penses’’ account; and the Departmental Management,

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

24 funds made available to Tribes and Tribal organizations

25 through contracts or grants obligated during fiscal year
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1 2005, as authorized by the Indian Self-Determination Act

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

3 until expended by the contractor or grantee: Provided fur4 ther, That notwithstanding any other provision of law, the

5 statute of limitations shall not commence to run on any

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

7 of the enactment of this Act, concerning losses to or mis8 management of trust funds, until the affected tribe or in9 dividual Indian has been furnished with an accounting of

10 such funds from which the beneficiary can determine

11 whether there has been a loss: Provided further, That not12 withstanding any other provision of law, the Secretary

13 shall not be required to provide a quarterly statement of

14 performance for any Indian trust account that has not had

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

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

17 an annual account statement and maintain a record of any

18 such accounts and shall permit the balance in each such

19 account to be withdrawn upon the express written request

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

21 $50,000 is available for the Secretary to make payments

22 to correct administrative errors of either disbursements

23 from or deposits to Individual Indian Money or Tribal ac24 counts after September 30, 2002: Provided further, That
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1 erroneous payments that are recovered shall be credited

2 to and remain available in this account for this purpose.

3 INDIAN LAND CONSOLIDATION

4 For consolidation of fractional interests in Indian

5 lands and expenses associated with redetermining and re6 distributing escheated interests in allotted lands, and for

7 necessary expenses to carry out the Indian Land Consoli8 dation Act of 1983, as amended, by direct expenditure or

9 cooperative agreement, $42,000,000, to remain available

10 until expended: Provided, That funds provided under this

11 heading may be expended pursuant to the authorities con12 tained in the provisos under the heading ‘‘Office of Special

13 Trustee for American Indians, Indian Land Consolida14 tion’’ of the Interior and Related Agencies Appropriations

15 Act, 2001 (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)

26 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as
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1 amended (16 U.S.C. 19jj et seq.), $5,818,000, to remain

2 available until expended.

3 ADMINISTRATIVE PROVISIONS

4 There is hereby authorized for acquisition from avail5 able resources within the Working Capital Fund, 15 air6 craft, 10 of which shall be for replacement and which may

7 be obtained by donation, purchase or through available ex8 cess surplus property: Provided, That existing aircraft

9 being replaced may be sold, with proceeds derived or

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

11 replacement aircraft: Provided further, That no programs

12 funded with appropriated funds in the ‘‘Departmental

13 Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In14 spector General’’ may be augmented through the Working

15 Capital Fund: Provided further, That the annual budget

16 justification for Departmental Management shall describe

17 estimated Working Capital Fund charges to bureaus and

18 offices, including the methodology on which charges are

19 based: Provided further, That departures from the Work20 ing Capital Fund estimates contained in the Departmental

21 Management budget justification shall be presented to the

22 Committees on Appropriations for approval: Provided fur23 ther, That the Secretary shall provide a semi-annual re24 port to the Committees on Appropriations on reimbursable

25 support agreements between the Office of the Secretary

26 and the National Business Center and the bureaus and
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1 offices of the Department, including the amounts billed

2 pursuant to such agreements.

3 GENERAL PROVISIONS, DEPARTMENT OF THE

4 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 H. Res. 649 and section 402 of S. Con. Res.

18 95, the concurrent resolution on the budget for fiscal year

19 2005, and must be replenished by a supplemental appro20 priation which 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
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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
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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 402 of S. Con. Res. 95 (108th Congress), as made

9 applicable to the House of Representatives by H. Res. 649

10 (108th Congress), the concurrent resolution on the budget

11 for fiscal year 2005, and must be replenished by a supple12 mental appropriation which must be requested as prompt13 ly as possible: Provided further, That such replenishment

14 funds shall be used to reimburse, on a pro rata basis, ac15 counts from which emergency funds were transferred.

16 SEC. 103. Appropriations made to the Department

17 of the Interior shall hereafter be available for operation

18 of warehouses, garages, shops, and similar facilities, wher19 ever consolidation of activities will contribute to efficiency

20 or economy, and said appropriations shall be reimbursed

21 for services rendered to any other activity in the same

22 manner as authorized by sections 1535 and 1536 of title

23 31, United States Code: Provided, That reimbursements

24 for costs and supplies, materials, equipment, and for serv-
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1 ices rendered may be credited to the appropriation current

2 at the time such reimbursements are received.

3 SEC. 104. Appropriations made to the Department

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

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

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

7 maintenance, and operation of aircraft; hire of passenger

8 motor vehicles; purchase of reprints; payment for tele9 phone service in private residences in the field, when au10 thorized under regulations approved by the Secretary; and

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

12 for library membership in societies or associations which

13 issue publications to members only or at a price to mem14 bers lower than to subscribers who are not members.

15 SEC. 105. Appropriations available to the Depart16 ment of the Interior for salaries and expenses shall here17 after be available for uniforms or allowances therefor, as

18 authorized by law (5 U.S.C. 5901–5902 and D.C. Code

19 4–204).

20 SEC. 106. Annual appropriations made to the De21 partment of the Interior shall hereafter be available for

22 obligation in connection with contracts issued for services

23 or rentals for periods not in excess of 12 months beginning

24 at any time during the fiscal year.
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1 SEC. 107. No funds provided in this title may be ex2 pended by the Department of the Interior for the conduct

3 of offshore preleasing, leasing and related activities placed

4 under restriction in the President’s moratorium statement

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

6 southern California; the North Atlantic; Washington and

7 Oregon; and the eastern Gulf of Mexico south of 26 de8 grees north latitude and east of 86 degrees west longitude.

9 SEC. 108. No funds provided in this title may be ex10 pended by the Department of the Interior to conduct off11 shore oil and natural gas preleasing, leasing and related

12 activities in the eastern Gulf of Mexico planning area for

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

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

15 Program, 1997–2002.

16 SEC. 109. No funds provided in this title may be ex17 pended by the Department of the Interior to conduct oil

18 and natural gas preleasing, leasing and related activities

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

20 SEC. 110. Notwithstanding any other provisions of

21 law, the National Park Service shall not develop or imple22 ment a reduced entrance fee program to accommodate

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

24 for and regulate local non-recreational passage through

25 units of the National Park System, allowing each unit to
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1 develop guidelines and permits for such activity appro2 priate to that unit.

3 SEC. 111. Advance payments made to the Depart4 ment of the Interior to Indian tribes, tribal organizations,

5 and tribal consortia pursuant to the Indian Self-Deter6 mination and Education Assistance Act (25 U.S.C. 450

7 et seq.) or the Tribally Controlled Schools Act of 1988

8 (25 U.S.C. 2501 et seq.) may hereafter be invested by the

9 Indian tribe, tribal organization, or consortium before

10 such funds are expended for the purposes of the grant,

11 compact, or annual funding agreement so long as such

12 funds are—

13 (1) invested by the Indian tribe, tribal organiza14 tion, or consortium only in obligations of the United

15 States, or in obligations or securities that are guar16 anteed or insured by the United States, or mutual

17 (or other) funds registered with the Securities and

18 Exchange Commission and which only invest in obli19 gations of the United States or securities that are

20 guaranteed or insured by the United States; or

21 (2) deposited only into accounts that are in22 sured by an agency or instrumentality of the United

23 States, or are fully collateralized to ensure protec24 tion of the funds, even in the event of a bank failure.
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1 SEC. 112. Appropriations made in this Act under the

2 headings Bureau of Indian Affairs and Office of Special

3 Trustee for American Indians and any unobligated

4 balances from prior appropriations Acts made under the

5 same headings shall be available for expenditure or trans6 fer for Indian trust management and reform activities, ex7 cept that total funding for historical accounting activities

8 shall not exceed amounts specifically designated in this

9 Act for such purpose.

10 SEC. 113. Notwithstanding any other provision of

11 law, for the purpose of reducing the backlog of Indian pro12 bate cases in the Department of the Interior, the hearing

13 requirements of chapter 10 of title 25, United States

14 Code, are deemed satisfied by a proceeding conducted by

15 an Indian probate judge, appointed by the Secretary with16 out regard to the provisions of title 5, United States Code,

17 governing the appointments in the competitive service, for

18 such period of time as the Secretary determines necessary:

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

20 so appointed may be fixed by the Secretary without regard

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

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

23 classification and pay of General Schedule employees, ex24 cept that no such Indian probate judge may be paid at

25 a level which exceeds the maximum rate payable for the
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1 highest grade of the General Schedule, including locality

2 pay.

3 SEC. 114. Notwithstanding any other provision of

4 law, the Secretary of the Interior is authorized to redis5 tribute any Tribal Priority Allocation funds, including

6 tribal base funds, to alleviate tribal funding inequities by

7 transferring funds to address identified, unmet needs,

8 dual enrollment, overlapping service areas or inaccurate

9 distribution methodologies. No tribe shall receive a reduc10 tion in Tribal Priority Allocation funds of more than 10

11 percent in fiscal year 2005. Under circumstances of dual

12 enrollment, overlapping service areas or inaccurate dis13 tribution methodologies, the 10 percent limitation does not

14 apply.

15 SEC. 115. Funds appropriated for the Bureau of In16 dian Affairs for postsecondary schools for fiscal year 2005

17 shall be allocated among the schools proportionate to the

18 unmet need of the schools as determined by the Postsec19 ondary Funding Formula adopted by the Office of Indian

20 Education Programs.

21 SEC. 116. (a) The Secretary of the Interior shall take

22 such action as may be necessary to ensure that the lands

23 comprising the Huron Cemetery in Kansas City, Kansas

24 (as described in section 123 of Public Law 106–291) are

25 used only in accordance with this section.
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1 (b) The lands of the Huron Cemetery shall be used

2 only: (1) for religious and cultural uses that are compat3 ible with the use of the lands as a cemetery; and (2) as

4 a burial ground.

5 SEC. 117. Notwithstanding any other provision of

6 law, in conveying the Twin Cities Research Center under

7 the authority provided by Public Law 104–134, as amend8 ed by Public Law 104–208, the Secretary may accept and

9 retain land and other forms of reimbursement: Provided,

10 That the Secretary may retain and use any such reim11 bursement until expended and without further appropria12 tion: (1) for the benefit of the National Wildlife Refuge

13 System within the State of Minnesota; and (2) for all ac14 tivities authorized by Public Law 100-696; 16 U.S.C.

15 460zz.

16 SEC. 118. Notwithstanding other provisions of law,

17 the National Park Service hereafter may authorize,

18 through cooperative agreement, the Golden Gate National

19 Parks Association to provide fee-based education, inter20 pretive and visitor service functions within the Crissy

21 Field and Fort Point areas of the Presidio.

22 SEC. 119. Notwithstanding 31 U.S.C. 3302(b), sums

23 received by the Bureau of Land Management for the sale

24 of seeds or seedlings, may hereafter be credited to the ap25 propriation from which funds were expended to acquire
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1 or grow the seeds or seedlings and are available without

2 fiscal year limitation.

3 SEC. 120. The Secretary of the Interior may use or

4 contract for the use of helicopters or motor vehicles on

5 the Sheldon and Hart National Wildlife Refuges for the

6 purpose of capturing and transporting horses and burros.

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

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

9 use. Such use shall be in accordance with humane proce10 dures prescribed by the Secretary.

11 SEC. 121. Funds provided in this Act for Federal

12 land acquisition by the National Park Service for Shen13 andoah Valley Battlefields National Historic District, New

14 Jersey Pinelands Preserve, and Ice Age National Scenic

15 Trail may be used for a grant to a State, a local govern16 ment, or any other governmental land management entity

17 for the acquisition of lands without regard to any restric18 tion on the use of Federal land acquisition funds provided

19 through the Land and Water Conservation Fund Act of

20 1965 as amended.

21 SEC. 122. None of the funds made available by this

22 Act may be obligated or expended by the National Park

23 Service to enter into or implement a concession contract

24 which permits or requires the removal of the underground

25 lunchroom at the Carlsbad Caverns National Park.
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1 SEC. 123. None of the funds made available in this

2 Act may be used: (1) to demolish the bridge between Jer3 sey City, New Jersey, and Ellis Island; or (2) to prevent

4 pedestrian use of such bridge, when such pedestrian use

5 is consistent with generally accepted safety standards.

6 SEC. 124. None of the funds made available in this

7 or any other Act for any fiscal year may be used to des8 ignate, or to post any sign designating, any portion of Ca9 naveral National Seashore in Brevard County, Florida, as

10 a clothing-optional area or as an area in which public nu11 dity is permitted, if such designation would be contrary

12 to county ordinance.

13 SEC. 125. None of the funds in this or any other Act

14 can be used to compensate the Special Master and the

15 Special Master-Monitor, and all variations thereto, ap16 pointed by the United States District Court for the Dis17 trict of Columbia in the Cobell v. Norton litigation at an

18 annual rate that exceeds 200 percent of the highest Senior

19 Executive Service rate of pay for the Washington20 Baltimore locality pay area.

21 SEC. 126. The Secretary of the Interior may use dis22 cretionary funds to pay private attorneys fees and costs

23 for employees and former employees of the Department

24 of the Interior reasonably incurred in connection with

25 Cobell v. Norton to the extent that such fees and costs
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1 are not paid by the Department of Justice or by private

2 insurance. In no case shall the Secretary make payments

3 under this section that would result in payment of hourly

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

5 District Court for the District of Columbia for counsel in

6 Cobell v. Norton.

7 SEC. 127. The United States Fish and Wildlife Serv8 ice shall, in carrying out its responsibilities to protect

9 threatened and endangered species of salmon, implement

10 a system of mass marking of salmonid stocks, intended

11 for harvest, that are released from Federally operated or

12 Federally financed hatcheries including but not limited to

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

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

15 identified by commercial and recreational fishers.

16 SEC. 128. Such sums as may be necessary from ‘‘De17 partmental Management, Salaries and Expenses’’, shall be

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

19 Resource Management’’ for operational needs at the Mid20 way Atoll National Wildlife Refuge airport.

21 SEC. 129. (a) IN GENERAL.—Nothing in section 134

22 of the Department of the Interior and Related Agencies

23 Appropriations Act, 2002 (115 Stat. 443) affects the deci24 sion of the United States Court of Appeals for the 10th
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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. 130. 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. 131. 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. 132. Notwithstanding any implementation of

23 the Department of the Interior’s trust reorganization plan

24 within fiscal years 2004 or 2005, funds appropriated for

25 fiscal year 2005 shall be available to the tribes within the
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1 California Tribal Trust Reform Consortium and to the

2 Salt River Pima Maricopa Indian Community, the Confed3 erated Salish-Kootenai Tribes of the Flathead Reservation

4 and the Chippewa Cree Tribe of the Rocky Boys Reserva5 tion on the same basis as funds were distributed in fiscal

6 year 2004. This Demonstration Project shall operate sepa7 rate and apart from the Department of the Interior’s trust

8 reform reorganization, and the Department shall not im9 pose its trust management infrastructure upon or alter the

10 existing trust resource management systems of the above

11 referenced tribes having a self-governance compact and

12 operating in accordance with the Tribal Self-Governance

13 Program set forth in 25 U.S.C. Sections 458aa–458hh:

14 Provided, That the California Trust Reform Consortium

15 and any other participating tribe agree to carry out their

16 responsibilites under the same fiduciary standards as

17 those to which the Secretary of the Interior is held: Pro18 vided further, That they demonstrate, and continue to

19 demonstrate, to the satisfaction of the Secretary that they

20 have the capability to do so.

21 SEC. 133. None of the funds appropriated or other22 wise made available by this or any other Act, hereafter

23 enacted, may be used to permit the use of the National

24 Mall for a special event, unless the permit expressly pro25 hibits the erection, placement, or use of structures and
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1 signs bearing commercial advertising. The Secretary may

2 allow for recognition of sponsors of special events: Pro3 vided, That the size and form of the recognition shall be

4 consistent with the special nature and sanctity of the Mall

5 and any lettering or design identifying the sponsor shall

6 be no larger than one-third the size of the lettering or de7 sign identifying the special event. In approving special

8 events, the Secretary shall ensure, to the maximum extent

9 practicable, that public use of, and access to the Mall is

10 not restricted. For purposes of this section, the term ‘‘spe11 cial event’’ shall have the meaning given to it by section

12 7.96(g)(1)(ii) of title 36, Code of Federal Regulations.

13 TITLE II—RELATED AGENCIES

14 DEPARTMENT OF AGRICULTURE

15 FOREST SERVICE

16 FOREST AND RANGELAND RESEARCH

17 For necessary expenses of forest and rangeland re18 search as authorized by law, $280,654,000, to remain

19 available until expended: Provided, That of the funds pro20 vided, $52,714,000 is for the forest inventory and analysis

21 program.

22 STATE AND PRIVATE FORESTRY

23 For necessary expenses of cooperating with and pro24 viding technical and financial assistance to States, terri25 tories, possessions, and others, and for forest health man-
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1 agement, including treatments of pests, pathogens, and

2 invasive or noxious plants and for restoring and rehabili3 tating forests damaged by pests or invasive plants, cooper4 ative forestry, and education and land conservation activi5 ties and conducting an international program as author6 ized, $282,446,000, to remain available until expended, as

7 authorized by law of which $43,119,000 is to be derived

8 from the Land and Water Conservation Fund: Provided,

9 That none of the funds provided under this heading for

10 the acquisition of lands or interests in lands shall be avail11 able until the Forest Service notifies the House Committee

12 on Appropriations and the Senate Committee on Appro13 priations, in writing, of specific contractual and grant de14 tails including the non-Federal cost share.

15 NATIONAL FOREST SYSTEM

16 For necessary expenses of the Forest Service, not

17 otherwise provided for, for management, protection, im18 provement, and utilization of the National Forest System,

19 $1,399,599,000, to remain available until expended, which

20 shall include 50 percent of all moneys received during

21 prior fiscal years as fees collected under the Land and

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

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

24 6a(i)): Provided, That unobligated balances under this

25 heading available at the start of fiscal year 2005 shall be
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1 displayed by budget line item in the fiscal year 2006 budg2 et justification: Provided further, That, through fiscal year

3 2009, the Secretary may authorize the expenditure or

4 transfer of such sums as necessary to the Department of

5 the Interior, Bureau of Land Management, for removal,

6 preparation, and adoption of excess wild horses and burros

7 from National Forest System lands, and for the perform8 ance of cadastral surveys to designate the boundaries of

9 such lands.

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, $1,734,865,000, to remain available until

18 expended: Provided, That such funds including unobli19 gated balances under this heading, 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
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1 emergencies are fully repaid by the responsible emergency

2 management agency: Provided further, That not less than

3 50 percent of any unobligated balances remaining (exclu4 sive of amounts for hazardous fuels reduction) at the end

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

6 past advances that have not been repaid, to the fund es7 tablished pursuant to section 3 of Public Law 71–319 (16

8 U.S.C. 576 et seq.): Provided further, That notwith9 standing any other provision of law, $8,000,000 of funds

10 appropriated under this appropriation shall be used for

11 Fire Science Research in support of the Joint Fire Science

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

13 of funds, including the use of contracts, grants, and coop14 erative agreements, available to execute the Forest and

15 Rangeland Research appropriation, are also available in

16 the utilization of these funds for Fire Science Research:

17 Provided further, That funds provided shall be available

18 for emergency rehabilitation and restoration, hazardous

19 fuels reduction activities in the urban-wildland interface,

20 support to Federal emergency response, and wildfire sup21 pression activities of the Forest Service: Provided further,

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

23 fuels reduction activities, $13,000,000 is for rehabilitation

24 and restoration, $23,000,000 is for research activities and

25 to make competitive research grants pursuant to the For-
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1 est and Rangeland Renewable Resources Research Act, as

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

3 State fire assistance, $8,000,000 is for volunteer fire as4 sistance, $15,000,000 is for forest health activities on

5 Federal lands and $10,000,000 is for forest health activi6 ties on State and private lands: Provided further, That

7 amounts in this paragraph may be transferred to the

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

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

10 State fire assistance, volunteer fire assistance, forest

11 health management, forest and rangeland research, vege12 tation and watershed management, heritage site rehabili13 tation, and wildlife and fish habitat management and res14 toration: Provided further, That transfers of any amounts

15 in excess of those authorized in this paragraph, shall re16 quire approval of the House and Senate Committees on

17 Appropriations in compliance with reprogramming proce18 dures contained in House Report 108–330: Provided fur19 ther, That the costs of implementing any cooperative

20 agreement between the Federal Government and any non21 Federal entity may be shared, as mutually agreed on by

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

23 funds provided for State Fire Assistance programs, and

24 subject to all authorities available to the Forest Service

25 under the State and Private Forestry Appropriations, up
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•HR 4568 EH

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

2 lands for the purpose of protecting communities when haz3 ard reduction activities are planned on national forest

4 lands that have the potential to place such communities

5 at risk: Provided further, That included in funding for haz6 ardous fuel reduction is $5,000,000 for implementing the

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

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

9 for use on non-Federal lands in accordance with authori10 ties available to the Forest Service under the State and

11 Private Forestry Appropriation: Provided further, That in

12 using the funds provided in this Act for hazardous fuels

13 reduction activities, the Secretary of Agriculture may con14 duct fuel reduction treatments on Federal lands using all

15 contracting and hiring authorities available to the Sec16 retary applicable to hazardous fuel reduction activities

17 under the wildland fire management accounts: Provided

18 further, That notwithstanding Federal Government pro19 curement and contracting laws, the Secretaries may con20 duct fuel reduction treatments, rehabilitation and restora21 tion, and other activities authorized under this heading on

22 and adjacent to Federal lands using grants and coopera23 tive agreements: Provided further, That notwithstanding

24 Federal Government procurement and contracting laws, in

25 order to provide employment and training opportunities
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•HR 4568 EH

1 to people in rural communities, the Secretaries may award

2 contracts, including contracts for monitoring activities, to

3 local private, non-profit, or cooperative entities; Youth

4 Conservation Corps crews or related partnerships, with

5 State, local and non-profit youth groups; small or micro6 businesses; or other entities that will hire or train a sig7 nificant percentage of local people to complete such con8 tracts: Provided further, That the authorities described

9 above relating to contracts, grants, and cooperative agree10 ments are available until all funds provided in this title

11 for hazardous fuels reduction activities in the urban

12 wildland interface are obligated: Provided further, That

13 the Secretary of the Interior and the Secretary of Agri14 culture may authorize the transfer of funds appropriated

15 for wildland fire management, in an aggregate amount not

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

17 such transfers would facilitate and expedite jointly funded

18 wildland fire management programs and projects.

19 CAPITAL IMPROVEMENT AND MAINTENANCE

20 For necessary expenses of the Forest Service, not

21 otherwise provided for, $522,940,000, to remain available

22 until expended for construction, reconstruction, mainte23 nance and acquisition of buildings and other facilities, and

24 for construction, reconstruction, repair, decommissioning,

25 and maintenance of forest roads and trails by the Forest
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•HR 4568 EH

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

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

3 of the funds provided herein for road maintenance shall

4 be available for the decommissioning of roads, including

5 unauthorized roads not part of the transportation system,

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

7 funds shall be expended to decommission any system road

8 until notice and an opportunity for public comment has

9 been provided on each decommissioning project.

10 LAND ACQUISITION

11 For expenses necessary to carry out the provisions

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

13 as amended (16 U.S.C. 460l–4 through 11), including ad14 ministrative expenses, and for acquisition of land or wa15 ters, or interest therein, in accordance with statutory au16 thority applicable to the Forest Service, $15,500,000, to

17 be derived from the Land and Water Conservation Fund

18 and to remain available until expended.

19 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

20 ACTS

21 For acquisition of lands within the exterior bound22 aries of the Cache, Uinta, and Wasatch National Forests,

23 Utah; the Toiyabe National Forest, Nevada; and the An24 geles, San Bernardino, Sequoia, and Cleveland National
74

•HR 4568 EH

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

2 be derived from forest receipts.

3 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

5 from funds deposited by State, county, or municipal gov6 ernments, public school districts, or other public school au7 thorities, and for authorized expenditures from funds de8 posited by non-Federal parties pursuant to Land Sale and

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

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

11 expended.

12 RANGE BETTERMENT FUND

13 For necessary expenses of range rehabilitation, pro14 tection, and improvement, 50 percent of all moneys re15 ceived during the prior fiscal year, as fees for grazing do16 mestic livestock on lands in National Forests in the 16

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

18 Law 94–579, as amended, to remain available until ex19 pended, of which not to exceed 6 percent shall be available

20 for administrative expenses associated with on-the-ground

21 range rehabilitation, protection, and improvements.
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•HR 4568 EH

1 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

2 RANGELAND RESEARCH

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

4 $65,000, to remain available until expended, to be derived

5 from the fund established pursuant to the above Act.

6 MANAGEMENT OF NATIONAL FOREST LANDS FOR

7 SUBSISTENCE USES

8 For necessary expenses of the Forest Service to man9 age Federal lands in Alaska for subsistence uses under

10 title VIII of the Alaska National Interest Lands Conserva11 tion Act (Public Law 96–487), $5,962,000 available until

12 expended.

13 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

14 Appropriations to the Forest Service for the current

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

16 exceed 124 passenger motor vehicles of which 21 will be

17 used primarily for law enforcement purposes and of which

18 124 shall be for replacement; acquisition of 25 passenger

19 motor vehicles from excess sources, and hire of such vehi20 cles; purchase, operation, maintenance, and acquisition of

21 aircraft from excess sources to maintain the operable fleet

22 at 195 aircraft for use in Forest Service wildland fire pro23 grams and other Forest Service programs; notwith24 standing other provisions of law, existing aircraft being

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

26 value used to offset the purchase price for the replacement
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•HR 4568 EH

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

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

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

4 other public improvements (7 U.S.C. 2250); (4) acquisi5 tion of land, waters, and interests therein pursuant to 7

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

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

8 558d, and 558a note); (6) the cost of uniforms as author9 ized by 5 U.S.C. 5901–5902; and (7) for debt collection

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

11 Any appropriations or funds available to the Forest

12 Service may be transferred to the Wildland Fire Manage13 ment appropriation for forest firefighting, emergency re14 habilitation of burned-over or damaged lands or waters

15 under its jurisdiction, and fire preparedness due to severe

16 burning conditions upon notification of the House and

17 Senate Committees on Appropriations and if and only if

18 all previously appropriated emergency contingent funds

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

20 been released by the President and apportioned and all

21 wildfire suppression funds under the heading ‘‘Wildland

22 Fire Management’’ are obligated.

23 The first transfer of funds into the Wildland Fire

24 Management account shall include unobligated funds, if

25 available, from the Land Acquisition account and the For-
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•HR 4568 EH

1 est Legacy program within the State and Private Forestry

2 account.

3 Funds appropriated to the Forest Service shall be

4 available for assistance to or through the Agency for Inter5 national Development and the Foreign Agricultural Serv6 ice in connection with forest and rangeland research, tech7 nical information, and assistance in foreign countries, and

8 shall be available to support forestry and related natural

9 resource activities outside the United States and its terri10 tories and possessions, including technical assistance, edu11 cation and training, and cooperation with United States

12 and international organizations.

13 None of the funds made available to the Forest Serv14 ice under this Act shall be subject to transfer under the

15 provisions of section 702(b) of the Department of Agri16 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.

17 147b.

18 None of the funds appropriated or otherwise made

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

20 expenses of personnel to carry out section 8002 of the

21 Farm Security and Rural Investment Act of 2002.

22 None of the funds available to the Forest Service may

23 be reprogrammed without the advance approval of the

24 House and Senate Committees on Appropriations in ac-
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•HR 4568 EH

1 cordance with the reprogramming procedures contained in

2 House Report 108–330.

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

4 the Forest Service shall be transferred to the Working

5 Capital Fund of the Department of Agriculture.

6 Funds available to the Forest Service shall be avail7 able to conduct a program of not less than $2,000,000

8 for high priority projects within the scope of the approved

9 budget which shall be carried out by the Youth Conserva10 tion Corps.

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

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

13 reception and representation expenses.

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

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

16 $3,300,000 may be advanced in a lump sum to the Na17 tional Forest Foundation to aid conservation partnership

18 projects in support of the Forest Service mission, without

19 regard to when the Foundation incurs expenses, for ad20 ministrative expenses or projects on or benefitting Na21 tional Forest System lands or related to Forest Service

22 programs: Provided, That of the Federal funds made

23 available to the Foundation, $300,000 may be used for

24 Forest Service Centennial activities and, of the total avail25 able to the Foundation, no more than $350,000 shall be
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1 available for administrative expenses: Provided further,

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

3 of Federal financial assistance, private contributions to

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

5 by the Forest Service: Provided further, That the Founda6 tion may transfer Federal funds to a non-Federal recipient

7 for a project at the same rate that the recipient has ob8 tained the non-Federal matching funds: Provided further,

9 That authorized investments of Federal funds held by the

10 Foundation may be made only in interest-bearing obliga11 tions of the United States or in obligations guaranteed as

12 to both principal and interest by the United States.

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

14 $2,650,000 of the funds available to the Forest Service

15 shall be available for matching funds to the National Fish

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

17 3701–3709, and may be advanced in a lump sum to aid

18 conservation partnership projects in support of the Forest

19 Service mission, without regard to when expenses are in20 curred, for projects on or benefitting National Forest Sys21 tem lands or related to Forest Service programs: Provided,

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

23 of Federal financial assistance, private contributions to

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

25 Forest Service: Provided further, That the Foundation
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1 may transfer Federal funds to a non-Federal recipient for

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

3 the non-Federal matching funds.

4 Funds appropriated to the Forest Service shall be

5 available for interactions with and providing technical as6 sistance to rural communities for sustainable rural devel7 opment purposes.

8 Funds appropriated to the Forest Service shall be

9 available for payments to counties within the Columbia

10 River Gorge National Scenic Area, pursuant to sections

11 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–

12 663.

13 Notwithstanding any other provision of law, any ap14 propriations or funds available to the Forest Service not

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

16 of the General Counsel (OGC), Department of Agri17 culture, for travel and related expenses incurred as a re18 sult of OGC assistance or participation requested by the

19 Forest Service at meetings, training sessions, management

20 reviews, land purchase negotiations and similar non-litiga21 tion related matters. Future budget justifications for both

22 the Forest Service and the Department of Agriculture

23 should clearly display the sums previously transferred and

24 the requested funding transfers.
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1 Any appropriations or funds available to the Forest

2 Service may be used for necessary expenses in the event

3 of law enforcement emergencies as necessary to protect

4 natural resources and public or employee safety: Provided,

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

6 For each fiscal year through 2009, the Secretary of

7 Agriculture may transfer or reimburse funds available to

8 the Forest Service, not to exceed $15,000,000, to the Sec9 retary of the Interior or the Secretary of Commerce to

10 expedite conferencing and consultations as required under

11 section 7 of the Endangered Species Act, 16 U.S.C. 1536.

12 The amount of the transfer or reimbursement shall be as

13 mutually agreed by the Secretary of Agriculture and the

14 Secretary of the Interior or Secretary of Commerce, as

15 applicable, or their designees. The amount shall in no case

16 exceed the actual costs of consultation and conferencing.

17 An eligible individual who is employed in any project

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

19 (42 U.S.C. 3056 et seq.) and administered by the Forest

20 Service shall be considered to be a Federal employee for

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

22 Any funds appropriated to the Forest Service may

23 be used to meet the non-Federal share requirement in sec24 tion 502(c) of the Older American Act of 1965 (42 U.S.C.

25 3056(c)(2)).
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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, $237,000,000 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: Pro10 vided further, That of the funds made available in prior

11 year appropriations under this heading, up to $18,000,000

12 shall be available in fiscal year 2005 for FutureGen, with13 out regard to the terms and conditions applicable to clean

14 coal technology projects: Provided further, That the initial

15 planning and research stages of the FutureGen project

16 shall include a matching requirement from non-Federal

17 sources of at least 20 percent of the costs: Provided fur18 ther, That any demonstration component of such project

19 shall include a matching requirement from non-Federal

20 sources of at least 50 percent of the costs of the compo21 nent.

22 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

23 For necessary expenses in carrying out fossil energy

24 research and development activities, under the authority

25 of the Department of Energy Organization Act (Public
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•HR 4568 EH

1 Law 95–91), including the acquisition of interest, includ2 ing defeasible and equitable interests in any real property

3 or any facility or for plant or facility acquisition or expan4 sion, and for conducting inquiries, technological investiga5 tions and research concerning the extraction, processing,

6 use, and disposal of mineral substances without objection7 able social and environmental costs (30 U.S.C. 3, 1602,

8 and 1603), $601,875,000, to remain available until ex9 pended, of which $4,000,000 is to continue a multi-year

10 project for construction, renovation, furnishing, and demo11 lition or removal of buildings at National Energy Tech12 nology Laboratory facilities in Morgantown, West Virginia

13 and Pittsburgh, Pennsylvania; and of which $105,000,000

14 is available, after coordination with the private sector, for

15 a request for proposals for a Clean Coal Power Initiative

16 providing for competitively-awarded research, develop17 ment, and demonstration projects to reduce the barriers

18 to continued and expanded coal use: Provided further,

19 That no project may be selected for which sufficient fund20 ing is not available to provide for the total project: Pro21 vided further, That funds shall be expended in accordance

22 with the provisions governing the use of funds contained

23 under the heading ‘‘Clean Coal Technology’’ in 42 U.S.C.

24 5903d: Provided further, That the Department may in25 clude provisions for repayment of Government contribu-
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•HR 4568 EH

1 tions to individual projects in an amount up to the Govern2 ment contribution to the project on terms and conditions

3 that are acceptable to the Department including repay4 ments from sale and licensing of technologies from both

5 domestic and foreign transactions: Provided further, That

6 such repayments shall be retained by the Department for

7 future coal-related research, development and demonstra8 tion projects: Provided further, That any technology se9 lected under this program shall be considered a Clean Coal

10 Technology, and any project selected under this program

11 shall be considered a Clean Coal Technology Project, for

12 the purposes of 42 U.S.C. 7651n, and Chapters 51, 52,

13 and 60 of title 40 of the Code of Federal Regulations:

14 Provided further, That no part of the sum herein made

15 available shall be used for the field testing of nuclear ex16 plosives in the recovery of oil and gas: Provided further,

17 That up to 4 percent of program direction funds available

18 to the National Energy Technology Laboratory may be

19 used to support Department of Energy activities not in20 cluded in this account.

21 NAVAL PETROLEUM AND OIL SHALE RESERVES

22 For expenses necessary to carry out naval petroleum

23 and oil shale reserve activities, $18,000,000, to remain

24 available until expended: Provided, That, notwithstanding

25 any other provision of law, unobligated funds remaining
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1 from prior years shall be available for all naval petroleum

2 and oil shale reserve activities.

3 ELK HILLS SCHOOL LANDS FUND

4 For necessary expenses in fulfilling installment pay5 ments under the Settlement Agreement entered into by

6 the United States and the State of California on October

7 11, 1996, as authorized by section 3415 of Public Law

8 104–106, $36,000,000, to become available on October 1,

9 2005 for payment to the State of California for the State

10 Teachers’ Retirement Fund from the Elk Hills School

11 Lands Fund.

12 ENERGY CONSERVATION

13 For necessary expenses in carrying out energy con14 servation activities, $656,071,000, to remain available

15 until expended, of which $45,098,000 shall be for State

16 energy program grants.

17 STRATEGIC PETROLEUM RESERVE

18 For necessary expenses for Strategic Petroleum Re19 serve facility development and operations and program

20 management activities pursuant to the Energy Policy and

21 Conservation Act of 1975, as amended (42 U.S.C. 6201

22 et seq.), $172,100,000, to remain available until expended.

23 NORTHEAST HOME HEATING OIL RESERVE

24 For necessary expenses for Northeast Home Heating

25 Oil Reserve storage, operations, and management activi-
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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, $85,000,000,

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
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1 with other agencies, Federal, State, private or foreign:

2 Provided, That revenues and other moneys received by or

3 for the account of the Department of Energy or otherwise

4 generated by sale of products in connection with projects

5 of the Department appropriated under this Act may be

6 retained by the Secretary of Energy, to be available until

7 expended, and used only for plant construction, operation,

8 costs, and payments to cost-sharing entities as provided

9 in appropriate cost-sharing contracts or agreements: Pro10 vided further, That the remainder of revenues after the

11 making of such payments shall be covered, into the Treas12 ury as miscellaneous receipts: Provided further, That any

13 contract, agreement, or provision thereof entered into by

14 the Secretary pursuant to this authority shall not be exe15 cuted prior to the expiration of 30 calendar days (not in16 cluding any day in which either House of Congress is not

17 in session because of adjournment of more than 3 calendar

18 days to a day certain) from the receipt by the Speaker

19 of the House of Representatives and the President of the

20 Senate of a full comprehensive report on such project, in21 cluding the facts and circumstances relied upon in support

22 of the proposed project.

23 No funds provided in this Act may be expended by

24 the Department of Energy to prepare, issue, or process
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•HR 4568 EH

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, $2,628,322,000, 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
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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 $479,085,000

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
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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.

22 INDIAN HEALTH FACILITIES

23 For construction, repair, maintenance, improvement,

24 and equipment of health and related auxiliary facilities,

25 including quarters for personnel; preparation of plans,
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•HR 4568 EH

1 specifications, and drawings; acquisition of sites, purchase

2 and erection of modular buildings, and purchases of trail3 ers; and for provision of domestic and community sanita4 tion facilities for Indians, as authorized by section 7 of

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

6 Self-Determination Act, and the Indian Health Care Im7 provement Act, and for expenses necessary to carry out

8 such Acts and titles II and III of the Public Health Serv9 ice Act with respect to environmental health and facilities

10 support activities of the Indian Health Service,

11 $405,048,000, to remain available until expended: Pro12 vided, That notwithstanding any other provision of law,

13 funds appropriated for the planning, design, construction

14 or renovation of health facilities for the benefit of an In15 dian tribe or tribes may be used to purchase land for sites

16 to construct, improve, or enlarge health or related facili17 ties: Provided further, That not to exceed $500,000 shall

18 be used by the Indian Health Service to purchase

19 TRANSAM equipment from the Department of Defense

20 for distribution to the Indian Health Service and tribal

21 facilities: Provided further, That none of the funds appro22 priated to the Indian Health Service may be used for sani23 tation facilities construction for new homes funded with

24 grants by the housing programs of the United States De25 partment of Housing and Urban Development: Provided
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1 further, That not to exceed $1,000,000 from this account

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

3 by the Indian Health Service to obtain ambulances for the

4 Indian Health Service and tribal facilities in conjunction

5 with an existing interagency agreement between the In6 dian Health Service and the General Services Administra7 tion: Provided further, That not to exceed $500,000 shall

8 be placed in a Demolition Fund, available until expended,

9 to be used by the Indian Health Service for demolition

10 of Federal buildings: Provided further, That up to

11 $2,700,000 may be used for the purchase of up to 27 acres

12 at two sites for the construction of the northern and

13 southern California Youth Regional Treatment Centers

14 subject to advance approval from the House and Senate

15 Committees on Appropriations.

16 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

17 Appropriations in this Act to the Indian Health Serv18 ice shall be available for services as authorized by 5 U.S.C.

19 3109 but at rates not to exceed the per diem rate equiva20 lent to the maximum rate payable for senior-level positions

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

22 aircraft; purchase of medical equipment; purchase of re23 prints; purchase, renovation and erection of modular

24 buildings and renovation of existing facilities; payments

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

5 or activities for which the appropriation is made or which

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

8 In accordance with the provisions of the Indian

9 Health Care Improvement Act, non-Indian patients may

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

12 proceeds along with funds recovered under the Federal

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

14 be credited to the account of the facility providing the

15 service and shall be available without fiscal year limitation.

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

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

21 Funds appropriated to the Indian Health Service in

22 this Act, except those used for administrative and program

23 direction purposes, shall not be subject to limitations di24 rected at curtailing Federal travel and transportation.
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1 None of the funds made available to the Indian

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

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

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

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

10 Indian Health Service below the level in fiscal year 2002

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

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

16 increases.

17 Notwithstanding any other provision of law, funds

18 previously or herein made available to a tribe or tribal or19 ganization through a contract, grant, or agreement au20 thorized by title I or title III or title V of the Indian Self21 Determination and Education Assistance Act of 1975 (25

22 U.S.C. 450), may be deobligated and reobligated to a self23 determination contract under title I, or a self-governance

24 agreement under title V of such Act and thereafter shall
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1 remain available to the tribe or tribal organization without

2 fiscal year limitation.

3 None of the funds made available to the Indian

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

5 final rule published in the Federal Register on September

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

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

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

13 With respect to functions transferred by the Indian

14 Health Service to tribes or tribal organizations, the Indian

15 Health Service is authorized to provide goods and services

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

22 Such amounts shall remain available until expended.

23 Reimbursements for training, technical assistance, or

24 services provided by the Indian Health Service will contain

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

3 The Indian Health Service may purchase 8.5 acres

4 of land for expansion of parking facilities at the W.W.

5 Hastings hospital in Tahlequah, Oklahoma using third

6 party collections subject to advance approval from the

7 House and Senate Committees on Appropriations.

8 The appropriation structure for the Indian Health

9 Service may not be altered without advance approval of

10 the House and Senate Committees on Appropriations.

11 OTHER RELATED AGENCIES

12 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Office of Navajo and

15 Hopi Indian Relocation as authorized by Public Law 93–

16 531, $11,000,000, to remain available until expended:

17 Provided, That funds provided in this or any other appro18 priations Act are to be used to relocate eligible individuals

19 and groups including evictees from District 6, Hopi-parti20 tioned lands residents, those in significantly substandard

21 housing, and all others certified as eligible and not in22 cluded in the preceding categories: Provided further, That

23 none of the funds contained in this or any other Act may

24 be used by the Office of Navajo and Hopi Indian Reloca25 tion to evict any single Navajo or Navajo family who, as
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1 of November 30, 1985, was physically domiciled on the

2 lands partitioned to the Hopi Tribe unless a new or re3 placement home is provided for such household: Provided

4 further, That no relocatee will be provided with more than

5 one new or replacement home: Provided further, That the

6 Office shall relocate any certified eligible relocatees who

7 have selected and received an approved homesite on the

8 Navajo reservation or selected a replacement residence off

9 the Navajo reservation or on the land acquired pursuant

10 to 25 U.S.C. 640d–10.

11 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

12 CULTURE AND ARTS DEVELOPMENT

13 PAYMENT TO THE INSTITUTE

14 For payment to the Institute of American Indian and

15 Alaska Native Culture and Arts Development, as author16 ized by title XV of Public Law 99–498, as amended (20

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

18 SMITHSONIAN INSTITUTION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Smithsonian Institu21 tion, as authorized by law, including research in the fields

22 of art, science, and history; development, preservation, and

23 documentation of the National Collections; presentation of

24 public exhibits and performances; collection, preparation,

25 dissemination, and exchange of information and publica-
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1 tions; conduct of education, training, and museum assist2 ance programs; maintenance, alteration, operation, lease

3 (for terms not to exceed 30 years), and protection of build4 ings, facilities, and approaches; not to exceed $100,000

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

6 replacement passenger vehicles; purchase, rental, repair,

7 and cleaning of uniforms for employees, $496,925,000, of

8 which not to exceed $11,108,000 for the instrumentation

9 program, collections acquisition, exhibition reinstallation,

10 the National Museum of African American History and

11 Culture, and the repatriation of skeletal remains program

12 shall remain available until expended; and of which

13 $1,620,000 for fellowships and scholarly awards shall re14 main available until September 30, 2006; and including

15 such funds as may be necessary to support American over16 seas research centers and a total of $125,000 for the

17 Council of American Overseas Research Centers: Provided,

18 That funds appropriated herein are available for advance

19 payments to independent contractors performing research

20 services or participating in official Smithsonian presen21 tations: Provided further, That the Smithsonian Institu22 tion may expend Federal appropriations designated in this

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

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

25 such rent payments may be deposited into the general
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1 trust funds of the Institution to the extent that federally

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

3 building in the District of Columbia: Provided further,

4 That this use of Federal appropriations shall not be con5 strued as debt service, a Federal guarantee of, a transfer

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

7 Provided further, That no appropriated funds may be used

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

9 acquiring the 900 H Street building or of planning, de10 signing, and constructing improvements to such building.

11 FACILITIES CAPITAL

12 For necessary expenses of repair, revitalization, and

13 alteration of facilities owned or occupied by the Smithso14 nian Institution, by contract or otherwise, as authorized

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

16 and for construction, including necessary personnel,

17 $122,900,000, to remain available until expended, of

18 which not to exceed $10,000 is for services as authorized

19 by 5 U.S.C. 3109: Provided, That contracts awarded for

20 environmental systems, protection systems, and repair or

21 restoration of facilities of the Smithsonian Institution may

22 be negotiated with selected contractors and awarded on

23 the basis of contractor qualifications as well as price: Pro24 vided further, That balances from amounts previously ap25 propriated under the headings ‘‘Repair, Restoration and
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1 Alteration of Facilities’’ and ‘‘Construction’’ shall be

2 transferred to and merged with this appropriation and

3 shall remain until expended.

4 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

5 INSTITUTION

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

7 used to make any changes to the existing Smithsonian

8 science programs including closure of facilities, relocation

9 of staff or redirection of functions and programs without

10 approval from the Board of Regents of recommendations

11 received from the Science Commission.

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

13 used to initiate the design for any proposed expansion of

14 current space or new facility without consultation with the

15 House and Senate Appropriations Committees.

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

17 used for the Holt House located at the National Zoological

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

19 minimize water damage, monitor structure movement, or

20 provide interim structural support.

21 None of the funds available to the Smithsonian may

22 be reprogrammed without the advance written approval of

23 the House and Senate Committees on Appropriations in

24 accordance with the reprogramming procedures contained

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

2 used to purchase any additional buildings without prior

3 consultation with the House and Senate Committees on

4 Appropriations.

5 NATIONAL GALLERY OF ART

6 SALARIES AND EXPENSES

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

9 therein, and administrative expenses incident thereto, as

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

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

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

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

15 membership in library, museum, and art associations or

16 societies whose publications or services are available to

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

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

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

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

21 purchase or rental of devices and services for protecting

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

24 and grounds; and purchase of services for restoration and

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

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

3 such terms and conditions as the Gallery may deem prop4 er, $93,000,000, of which not to exceed $3,026,000 for

5 the special exhibition program shall remain available until

6 expended.

7 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

8 For necessary expenses of repair, restoration and

9 renovation of buildings, grounds and facilities owned or

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

11 otherwise, as authorized, $11,100,000, to remain available

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

14 or renovation of buildings of the National Gallery of Art

15 may be negotiated with selected contractors and awarded

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

17 JOHN F. KENNEDY CENTER FOR THE PERFORMING

18 ARTS

19 OPERATIONS AND MAINTENANCE

20 For necessary expenses for the operation, mainte21 nance and security of the John F. Kennedy Center for

22 the Performing Arts, $17,152,000.
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1 JOHN F. KENNEDY CENTER FOR THE PERFORMING

2 ARTS

3 CONSTRUCTION

4 For necessary expenses for capital repair and restora5 tion of the existing features of the building and site of

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

7 $10,000,000, to remain available until expended.

8 WOODROW WILSON INTERNATIONAL CENTER FOR

9 SCHOLARS

10 SALARIES AND EXPENSES

11 For expenses necessary in carrying out the provisions

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

13 1356) including hire of passenger vehicles and services as

14 authorized by 5 U.S.C. 3109, $8,987,000.

15 NATIONAL FOUNDATION ON THE ARTS AND THE

16 HUMANITIES

17 NATIONAL ENDOWMENT FOR THE ARTS

18 GRANTS AND ADMINISTRATION

19 For necessary expenses to carry out the National

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

21 as amended, $130,972,000, shall be available to the Na22 tional Endowment for the Arts for the support of projects

23 and productions in the arts through assistance to organi24 zations and individuals pursuant to sections 5(c) and 5(g)

25 of the Act, including $22,000,000 for support of arts edu-
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1 cation and public outreach activities through the Chal2 lenge America program, for program support, and for ad3 ministering the functions of the Act, to remain available

4 until expended: Provided, That funds previously appro5 priated to the National Endowment for the Arts ‘‘Match6 ing Grants’’ account and ‘‘Challenge America’’ account

7 may be transferred to and merged with this account.

8 NATIONAL ENDOWMENT FOR THE HUMANITIES

9 GRANTS AND ADMINISTRATION

10 For necessary expenses to carry out the National

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

12 as amended, $125,877,000, shall be available to the Na13 tional Endowment for the Humanities for support of ac14 tivities in the humanities, pursuant to section 7(c) of the

15 Act, and for administering the functions of the Act, to

16 remain available until expended.

17 MATCHING GRANTS

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

19 National Foundation on the Arts and the Humanities Act

20 of 1965, as amended, $16,122,000, to remain available

21 until expended, of which $10,436,000 shall be available

22 to the National Endowment for the Humanities for the

23 purposes of section 7(h): Provided, That this appropria24 tion shall be available for obligation only in such amounts

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

26 and devises of money, and other property accepted by the
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1 chairman or by grantees of the Endowment under the pro2 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during

3 the current and preceding fiscal years for which equal

4 amounts have not previously been appropriated.

5 ADMINISTRATIVE PROVISIONS

6 None of the funds appropriated to the National

7 Foundation on the Arts and the Humanities may be used

8 to process any grant or contract documents which do not

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

10 of the funds appropriated to the National Foundation on

11 the Arts and the Humanities may be used for official re12 ception and representation expenses: Provided further,

13 That funds from nonappropriated sources may be used as

14 necessary for official reception and representation ex15 penses: Provided further, That the Chairperson of the Na16 tional Endowment for the Arts may approve grants up to

17 $10,000, if in the aggregate this amount does not exceed

18 5 percent of the sums appropriated for grant-making pur19 poses per year: Provided further, That such small grant

20 actions are taken pursuant to the terms of an expressed

21 and direct delegation of authority from the National Coun22 cil on the Arts to the Chairperson.
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1 COMMISSION OF FINE ARTS

2 SALARIES AND EXPENSES

3 For expenses made necessary by the Act establishing

4 a Commission of Fine Arts (40 U.S.C. 104), $1,793,000:

5 Provided, That the Commission is authorized to charge

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

7 fees shall be credited to this account as an offsetting col8 lection, to remain available until expended without further

9 appropriation.

10 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

11 For necessary expenses as authorized by Public Law

12 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000.

13 ADVISORY COUNCIL ON HISTORIC PRESERVATION

14 SALARIES AND EXPENSES

15 For necessary expenses of the Advisory Council on

16 Historic Preservation (Public Law 89–665, as amended),

17 $4,600,000: Provided, That none of these funds shall be

18 available for compensation of level V of the Executive

19 Schedule or higher positions.

20 NATIONAL CAPITAL PLANNING COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses, as authorized by the Na23 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),

24 including services as authorized by 5 U.S.C. 3109,

25 $7,999,000: Provided, That one-quarter of one percent of

26 the funds provided under this heading may be used for
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1 official reception and representational expenses to host

2 international visitors engaged in the planning and physical

3 development of world capitals.

4 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

5 HOLOCAUST MEMORIAL MUSEUM

6 For expenses of the Holocaust Memorial Museum, as

7 authorized by Public Law 106–292 (36 U.S.C. 2301–

8 2310), $41,433,000, of which $1,900,000 for the muse9 um’s repair and rehabilitation program and $1,264,000

10 for the museum’s exhibitions program shall remain avail11 able until expended.

12 PRESIDIO TRUST

13 PRESIDIO TRUST FUND

14 For necessary expenses to carry out title I of the Om15 nibus Parks and Public Lands Management Act of 1996,

16 $20,000,000 shall be available to the Presidio Trust, to

17 remain available until expended.

18 TITLE III—GENERAL PROVISIONS

19 SEC. 301. The expenditure of any appropriation

20 under this Act for any consulting service through procure21 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

22 to those contracts where such expenditures are a matter

23 of public record and available for public inspection, except

24 where otherwise provided under existing law, or under ex25 isting Executive order issued pursuant to existing law.
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1 SEC. 302. No part of any appropriation contained in

2 this Act shall be available for any activity or the publica3 tion or distribution of literature that in any way tends to

4 promote public support or opposition to any legislative

5 proposal on which congressional action is not complete.

6 SEC. 303. No part of any appropriation contained in

7 this Act shall remain available for obligation beyond the

8 current fiscal year unless expressly so provided herein.

9 SEC. 304. None of the funds provided in this Act to

10 any department or agency shall be obligated or expended

11 to provide a personal cook, chauffeur, or other personal

12 servants to any officer or employee of such department

13 or agency except as otherwise provided by law.

14 SEC. 305. No assessments may be levied against any

15 program, budget activity, subactivity, or project funded by

16 this Act unless notice of such assessments and the basis

17 therefor are presented to the Committees on Appropria18 tions and are approved by such committees.

19 SEC. 306. None of the funds in this Act may be used

20 to plan, prepare, or offer for sale timber from trees classi21 fied as giant sequoia (Sequoiadendron giganteum) which

22 are located on National Forest System or Bureau of Land

23 Management lands in a manner different than such sales

24 were conducted in fiscal year 2004.
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1 SEC. 307. (a) LIMITATION OF FUNDS.—None of the

2 funds appropriated or otherwise made available pursuant

3 to this Act shall be obligated or expended to accept or

4 process applications for a patent for any mining or mill

5 site claim located under the general mining laws.

6 (b) EXCEPTIONS.—The provisions of subsection (a)

7 shall not apply if the Secretary of the Interior determines

8 that, for the claim concerned: (1) a patent application was

9 filed with the Secretary on or before September 30, 1994;

10 and (2) all requirements established under sections 2325

11 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)

12 for vein or lode claims and sections 2329, 2330, 2331,

13 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and

14 37) for placer claims, and section 2337 of the Revised

15 Statutes (30 U.S.C. 42) for mill site claims, as the case

16 may be, were fully complied with by the applicant by that

17 date.

18 (c) REPORT.—On September 30, 2005, the Secretary

19 of the Interior shall file with the House and Senate Com20 mittees on Appropriations and the Committee on Re21 sources of the House of Representatives and the Com22 mittee on Energy and Natural Resources of the Senate

23 a report on actions taken by the Department under the

24 plan submitted pursuant to section 314(c) of the Depart-
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1 ment of the Interior and Related Agencies Appropriations

2 Act, 1997 (Public Law 104-208).

3 (d) MINERAL EXAMINATIONS.—In order to process

4 patent applications in a timely and responsible manner,

5 upon the request of a patent applicant, the Secretary of

6 the Interior shall allow the applicant to fund a qualified

7 third-party contractor to be selected by the Bureau of

8 Land Management to conduct a mineral examination of

9 the mining claims or mill sites contained in a patent appli10 cation as set forth in subsection (b). The Bureau of Land

11 Management shall have the sole responsibility to choose

12 and pay the third-party contractor in accordance with the

13 standard procedures employed by the Bureau of Land

14 Management in the retention of third-party contractors.

15 SEC. 308. Notwithstanding any other provision of

16 law, amounts appropriated to or earmarked in committee

17 reports for the Bureau of Indian Affairs and the Indian

18 Health Service by Public Laws 103–138, 103–332, 104–

19 134, 104–208, 105–83, 105–277, 106–113, 106–291,

20 107–63, 108–7, and 108–108 for payments to tribes and

21 tribal organizations for contract support costs associated

22 with self-determination or self-governance contracts,

23 grants, compacts, or annual funding agreements with the

24 Bureau of Indian Affairs or the Indian Health Service as

25 funded by such Acts, are the total amounts available for
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1 fiscal years 1994 through 2004 for such purposes, except

2 that, for the Bureau of Indian Affairs, tribes and tribal

3 organizations may use their tribal priority allocations for

4 unmet indirect costs of ongoing contracts, grants, self-gov5 ernance compacts or annual funding agreements.

6 SEC. 309. Of the funds provided to the National En7 dowment for the Arts—

8 (1) The Chairperson shall only award a grant

9 to an individual if such grant is awarded to such in10 dividual for a literature fellowship, National Herit11 age Fellowship, or American Jazz Masters Fellow12 ship.

13 (2) The Chairperson shall establish procedures

14 to ensure that no funding provided through a grant,

15 except a grant made to a State or local arts agency,

16 or regional group, may be used to make a grant to

17 any other organization or individual to conduct ac18 tivity independent of the direct grant recipient.

19 Nothing in this subsection shall prohibit payments

20 made in exchange for goods and services.

21 (3) No grant shall be used for seasonal support

22 to a group, unless the application is specific to the

23 contents of the season, including identified programs

24 and/or projects.
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1 SEC. 310. Through fiscal year 2009, the National

2 Endowment for the Arts and the National Endowment for

3 the Humanities are authorized to solicit, accept, receive,

4 and invest in the name of the United States, gifts, be5 quests, or devises of money and other property or services

6 and to use such in furtherance of the functions of the Na7 tional Endowment for the Arts and the National Endow8 ment for the Humanities. Any proceeds from such gifts,

9 bequests, or devises, after acceptance by the National En10 dowment for the Arts or the National Endowment for the

11 Humanities, shall be paid by the donor or the representa12 tive of the donor to the Chairman. The Chairman shall

13 enter the proceeds in a special interest-bearing account to

14 the credit of the appropriate endowment for the purposes

15 specified in each case.

16 SEC. 311. The section shall apply for fiscal years

17 2005 through 2009. (a) In providing services or awarding

18 financial assistance under the National Foundation on the

19 Arts and the Humanities Act of 1965 from funds appro20 priated under this Act, the Chairperson of the National

21 Endowment for the Arts shall ensure that priority is given

22 to providing services or awarding financial assistance for

23 projects, productions, workshops, or programs that serve

24 underserved populations.

25 (b) In this section:
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1 (1) The term ‘‘underserved population’’ means

2 a population of individuals, including urban minori3 ties, who have historically been outside the purview

4 of arts and humanities programs due to factors such

5 as a high incidence of income below the poverty line

6 or to geographic isolation.

7 (2) The term ‘‘poverty line’’ means the poverty

8 line (as defined by the Office of Management and

9 Budget, and revised annually in accordance with sec10 tion 673(2) of the Community Services Block Grant

11 Act (42 U.S.C. 9902(2)) applicable to a family of

12 the size involved.

13 (c) In providing services and awarding financial as14 sistance under the National Foundation on the Arts and

15 Humanities Act of 1965 with funds appropriated by this

16 Act, the Chairperson of the National Endowment for the

17 Arts shall ensure that priority is given to providing serv18 ices or awarding financial assistance for projects, produc19 tions, workshops, or programs that will encourage public

20 knowledge, education, understanding, and appreciation of

21 the arts.

22 (d) With funds appropriated by this Act to carry out

23 section 5 of the National Foundation on the Arts and Hu24 manities Act of 1965—
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1 (1) the Chairperson shall establish a grant cat2 egory for projects, productions, workshops, or pro3 grams that are of national impact or availability or

4 are able to tour several States;

5 (2) the Chairperson shall not make grants ex6 ceeding 15 percent, in the aggregate, of such funds

7 to any single State, excluding grants made under the

8 authority of paragraph (1);

9 (3) the Chairperson shall report to the Con10 gress annually and by State, on grants awarded by

11 the Chairperson in each grant category under sec12 tion 5 of such Act; and

13 (4) the Chairperson shall encourage the use of

14 grants to improve and support community-based

15 music performance and education.

16 SEC. 312. No part of any appropriation contained in

17 this Act shall be expended or obligated to complete and

18 issue the 5-year program under the Forest and Rangeland

19 Renewable Resources Planning Act.

20 SEC. 313. None of the funds in this Act may be used

21 to support Government-wide administrative functions un22 less such functions are justified in the budget process and

23 funding is approved by the House and Senate Committees

24 on Appropriations.
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1 SEC. 314. Notwithstanding any other provision of

2 law, for fiscal year 2005 the Secretaries of Agriculture and

3 the Interior are authorized to limit competition for water4 shed restoration project contracts as part of the ‘‘Jobs in

5 the Woods’’ Program established in Region 10 of the For6 est Service to individuals and entities in historically tim7 ber-dependent areas in the States of Washington, Oregon,

8 northern California, Idaho, Montana, and Alaska that

9 have been affected by reduced timber harvesting on Fed10 eral lands. The Secretaries shall consider the benefits to

11 the local economy in evaluating bids and designing pro12 curements which create economic opportunities for local

13 contractors.

14 SEC. 315. Amounts deposited during fiscal year 2004

15 in the roads and trails fund provided for in the 14th para16 graph under the heading ‘‘FOREST SERVICE’’ of the

17 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall

18 be used by the Secretary of Agriculture, without regard

19 to the State in which the amounts were derived, to repair

20 or reconstruct roads, bridges, and trails on National For21 est System lands or to carry out and administer projects

22 to improve forest health conditions, which may include the

23 repair or reconstruction of roads, bridges, and trails on

24 National Forest System lands in the wildland-community

25 interface where there is an abnormally high risk of fire.
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1 The projects shall emphasize reducing risks to human

2 safety and public health and property and enhancing eco3 logical functions, long-term forest productivity, and bio4 logical integrity. The projects may be completed in a sub5 sequent fiscal year. Funds shall not be expended under

6 this section to replace funds which would otherwise appro7 priately be expended from the timber salvage sale fund.

8 Nothing in this section shall be construed to exempt any

9 project from any environmental law.

10 SEC. 316. Other than in emergency situations, none

11 of the funds in this Act may be used to operate telephone

12 answering machines during core business hours unless

13 such answering machines include an option that enables

14 callers to reach promptly an individual on-duty with the

15 agency being contacted.

16 SEC. 317. Section 3 of the Act of June 9, 1930 (com17 monly known as the Knutson-Vandenberg Act; 16 U.S.C.

18 576b), is amended—

19 (1) by striking ‘‘The Secretary of Agriculture

20 may, when in his’’ and inserting ‘‘(a) The Secretary

21 of Agriculture may, when in his or her’’;

22 (2) by striking ‘‘Such deposits’’ and inserting

23 the following: ‘‘Each of these 4 purposes shall be of

24 equal priority.

25 ‘‘(b) Amounts deposited under subsection (a)’’;
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1 (3) by striking ‘‘may direct:’’ and all that fol2 lows through ‘‘That the Secretary of Agriculture’’

3 and inserting ‘‘may direct. The Secretary of Agri4 culture’’; and

5 (4) by adding at the end the following new sub6 section:

7 ‘‘(c) Any portion of the balance at the end of a fiscal

8 year in the special fund established pursuant to this sec9 tion that the Secretary of Agriculture determines to be

10 in excess of the cost of doing work described in subsection

11 (a) (as well as any portion of the balance in the special

12 fund that the Secretary determined, before October 1,

13 2004, to be excess of the cost of doing work described in

14 subsection (a), but which has not been transferred by that

15 date) shall be transferred to miscellaneous receipts, Na16 tional Forest Fund, as a National Forest receipt, but only

17 if the Secretary also determines that—

18 ‘‘(1) the excess amounts will not be needed for

19 emergency wildfire suppression during the fiscal year

20 in which the transfer would be made; and

21 ‘‘(2) the amount to be transferred to miscella22 neous receipts, National Forest Fund, exceeds the

23 outstanding balance of unreimbursed funds trans24 ferred from the special fund in prior fiscal years for

25 wildfire suppression.’’.
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1 SEC. 318. A project undertaken by the Forest Service

2 under the Recreation Fee Demonstration Program as au3 thorized by section 315 of the Department of the Interior

4 and Related Agencies Appropriations Act for Fiscal Year

5 1996, as amended, shall not result in—

6 (1) displacement of the holder of an authoriza7 tion to provide commercial recreation services on

8 Federal lands. Prior to initiating any project, the

9 Secretary shall consult with potentially affected

10 holders to determine what impacts the project may

11 have on the holders. Any modifications to the au12 thorization shall be made within the terms and con13 ditions of the authorization and authorities of the

14 impacted agency; and

15 (2) the return of a commercial recreation serv16 ice to the Secretary for operation when such services

17 have been provided in the past by a private sector

18 provider, except when—

19 (A) the private sector provider fails to bid

20 on such opportunities;

21 (B) the private sector provider terminates

22 its relationship with the agency; or

23 (C) the agency revokes the permit for non24 compliance with the terms and conditions of the

25 authorization.
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1 In such cases, the agency may use the Recreation Fee

2 Demonstration Program to provide for operations until a

3 subsequent operator can be found through the offering of

4 a new prospectus.

5 SEC. 319. Prior to October 1, 2005, the Secretary

6 of Agriculture shall not be considered to be in violation

7 of subparagraph 6(f)(5)(A) of the Forest and Rangeland

8 Renewable Resources Planning Act of 1974 (16 U.S.C.

9 1604(f)(5)(A)) solely because more than 15 years have

10 passed without revision of the plan for a unit of the Na11 tional Forest System. Nothing in this section exempts the

12 Secretary from any other requirement of the Forest and

13 Rangeland Renewable Resources Planning Act (16 U.S.C.

14 1600 et seq.) or any other law.

15 SEC. 320. No funds provided in this Act may be ex16 pended to conduct preleasing, leasing and related activities

17 under either the Mineral Leasing Act (30 U.S.C. 181 et

18 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C.

19 1331 et seq.) within the boundaries of a National Monu20 ment established pursuant to the Act of June 8, 1906 (16

21 U.S.C. 431 et seq.) as such boundary existed on January

22 20, 2001, except where such activities are allowed under

23 the Presidential proclamation establishing such monu24 ment.
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1 SEC. 321. Extension of Forest Service Conveyances

2 Pilot Program.—Section 329 of the Department of the In3 terior and Related Agencies Appropriations Act, 2002 (16

4 U.S.C. 580d note; Public Law 107–63) is amended—

5 (1) in subsection (b), by striking ‘‘30’’ and in6 serting ‘‘40’’;

7 (2) in subsection (c) by striking ‘‘8’’ and insert8 ing ‘‘13’’; and

9 (3) in subsection (d), by striking ‘‘2006’’ and

10 inserting ‘‘2008’’.

11 SEC. 322. Employees of the foundations established

12 by Acts of Congress to solicit private sector funds on be13 half of Federal land management agencies shall, hereafter,

14 qualify for General Service Administration contract air15 fares.

16 SEC. 323. In entering into agreements with foreign

17 countries pursuant to the Wildfire Suppression Assistance

18 Act (42 U.S.C. 1856m) the Secretary of Agriculture and

19 the Secretary of the Interior are authorized to enter into

20 reciprocal agreements in which the individuals furnished

21 under said agreements to provide wildfire services are con22 sidered, for purposes of tort liability, employees of the

23 country receiving said services when the individuals are

24 engaged in fire suppression: Provided, That the Secretary

25 of Agriculture or the Secretary of the Interior shall not
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1 enter into any agreement under this provision unless the

2 foreign country (either directly or through its fire organi3 zation) agrees to assume any and all liability for the acts

4 or omissions of American firefighters engaged in fire5 fighting in a foreign country: Provided further, That when

6 an agreement is reached for furnishing fire fighting serv7 ices, the only remedies for acts or omissions committed

8 while fighting fires shall be those provided under the laws

9 of the host country, and those remedies shall be the exclu10 sive remedies for any claim arising out of fighting fires

11 in a foreign country: Provided further, That neither the

12 sending country nor any legal organization associated with

13 the firefighter shall be subject to any legal action whatso14 ever pertaining to or arising out of the firefighter’s role

15 in fire suppression.

16 SEC. 324. Notwithstanding any other provision of law

17 or regulation, to promote the more efficient use of the

18 health care funding allocation for fiscal year 2005, the

19 Eagle Butte Service Unit of the Indian Health Service,

20 at the request of the Cheyenne River Sioux Tribe, may

21 pay base salary rates to health professionals up to the

22 highest grade and step available to a physician, phar23 macist, or other health professional and may pay a recruit24 ment or retention bonus of up to 25 percent above the

25 base pay rate.
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1 SEC. 325. None of the funds made available in this

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government except

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriations Act.

6 SEC. 326. None of the funds in this Act may be used

7 to prepare or issue a permit or lease for oil or gas drilling

8 in the Finger Lakes National Forest, New York, during

9 fiscal year 2005.

10 SEC. 327. None of the funds made available in this

11 Act may be used for the planning, design, or construction

12 of improvements to Pennsylvania Avenue in front of the

13 White House without the advance approval of the Commit14 tees on Appropriations.

15 SEC. 328. In awarding a Federal Contract with funds

16 made available by this Act, the Secretary of Agriculture

17 and the Secretary of the Interior (the ‘‘Secretaries’’) may,

18 in evaluating bids and proposals, give consideration to

19 local contractors who are from, and who provide employ20 ment and training for, dislocated and displaced workers

21 in an economically disadvantaged rural community, in22 cluding those historically timber-dependent areas that

23 have been affected by reduced timber harvesting on Fed24 eral lands and other forest-dependent rural communities

25 isolated from significant alternative employment opportu-
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1 nities: Provided, That the Secretaries may award grants

2 or cooperative agreements to local non-profit entities,

3 Youth Conservation Corps or related partnerships with

4 State, local or non-profit youth groups, or small or dis5 advantaged business: Provided further, That the contract,

6 grant, or cooperative agreement is for forest hazardous

7 fuels reduction, watershed or water quality monitoring or

8 restoration, wildlife or fish population monitoring, or habi9 tat restoration or management: Provided further, That the

10 terms ‘‘rural community’’ and ‘‘economically disadvan11 taged’’ shall have the same meanings as in section 2374

12 of Public Law 101–624: Provided further, That the Secre13 taries shall develop guidance to implement this section:

14 Provided further, That nothing in this section shall be con15 strued as relieving the Secretaries of any duty under appli16 cable procurement laws, except as provided in this section.

17 SEC. 329. No funds appropriated in this Act for the

18 acquisition of lands or interests in lands may be expended

19 for the filing of declarations of taking or complaints in

20 condemnation without the approval of the House and Sen21 ate Committees on Appropriations: Provided, That this

22 provision shall not apply to funds appropriated to imple23 ment the Everglades National Park Protection and Ex24 pansion Act of 1989, or to funds appropriated for Federal
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1 assistance to the State of Florida to acquire lands for Ev2 erglades restoration purposes.

3 SEC. 330. Section 315(f) of the Department of the

4 Interior and Related Agencies Appropriations Act, 1996

5 (as contained in section 101(c) of Public Law 104–134;

6 110 Stat. 1321–200; 16 U.S.C. 460l–6a note), is

7 amended—

8 (1) in subsection (b), by inserting ‘‘subject to

9 subsection (g) but’’ before ‘‘notwithstanding’’ in the

10 matter preceding paragraph (1); and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(g) The Secretary of Agriculture may not charge or

14 collect fees under this section for the following:

15 ‘‘(1) Admission to a unit of the National Forest

16 System (as defined in section 11(a) of the Forest

17 and Rangeland Renewable Resources Planning Act

18 of 1974 (16 U.S.C. 1609(a)).

19 ‘‘(2) the use of, either singly or in any combina20 tion, of the following:

21 ‘‘(A) undesignated parking along roads;

22 ‘‘(B) overlook sites or scenic pullouts;

23 ‘‘(C) information offices and centers that

24 only provide general area information and lim25 ited services or interpretive exhibits; and
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•HR 4568 EH

1 ‘‘(D) dispersed areas for which expendi2 tures in facilities or services are limited.’’.

3 SEC. 331. (a) ANNUAL REPORTING REQUIREMENTS

4 ON COMPETITIVE SOURCING ACTIVITIES.—

5 (1) Not later than December 31 of each year,

6 beginning with December 31, 2004, the Secretary

7 concerned shall submit to the Committees on Appro8 priations of the Senate and the House of Represent9 atives a report, covering the preceding fiscal year, on

10 the competitive sourcing studies conducted by the

11 Department of the Interior, the Forest Service, or

12 the Department of Energy, as appropriate, and the

13 costs and cost savings to the citizens of the United

14 States of such studies.

15 (2) In this subsection, the term ‘‘Secretary con16 cerned’’ means—

17 (A) the Secretary of the Interior, with re18 spect to the Department of the Interior pro19 grams, projects, and activities for which funds

20 are appropriated by this Act;

21 (B) the Secretary of Agriculture, with re22 spect to the Forest Service; and

23 (C) the Secretary of Energy, with respect

24 to the Department of Energy programs,
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•HR 4568 EH

1 projects, and activities for which funds are ap2 propriated by this Act.

3 (3) The report under this subsection shall in4 clude, for the fiscal year covered—

5 (A) the total number of competitions com6 pleted;

7 (B) the total number of competitions an8 nounced, together with a list of the activities

9 covered by such competitions;

10 (C) the total number of full-time equiva11 lent Federal employees studied under completed

12 competitions;

13 (D) the total number of full-time equiva14 lent Federal employees being studied under

15 competitions announced, but not completed;

16 (E) the incremental cost directly attrib17 utable to conducting the competitions identified

18 under subparagraphs (A) and (B), including

19 costs attributable to paying outside consultants

20 and contractors and, in accordance with full

21 cost accounting principles, all costs attributable

22 to developing, implementing, supporting, man23 aging, monitoring, and reporting on competitive

24 sourcing, including personnel, consultant, trav-
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1 el, and training costs associated with program

2 management;

3 (F) an estimate of the total anticipated

4 savings, or a quantifiable description of im5 provements in service or performance, derived

6 from completed competitions;

7 (G) actual savings, or a quantifiable de8 scription of improvements in service or perform9 ance, derived from the implementation of com10 petitions;

11 (H) the total projected number of full-time

12 equivalent Federal employees covered by com13 petitions scheduled to be announced in the fis14 cal year; and

15 (I) a description of how the competitive

16 sourcing decision making processes are aligned

17 with strategic workforce plans.

18 (b) COMPETITIVE SOURCING EXEMPTION FOR FOR19 EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL

20 YEAR 2005.—Notwithstanding requirements of Office of

21 Management and Budget Circular A–76, Attachment B,

22 the Forest Service is hereby exempted from implementing

23 the Letter of Obligation and post-competition account24 ability guidelines where a competitive sourcing study in25 volved 65 or fewer full-time equivalents, the performance
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1 decision was made in favor of the agency provider; no net

2 savings was achieved by conducting the study, and the

3 study was completed prior to the date of this Act.

4 (c) LIMITATION ON COMPETITIVE SOURCING STUD5 IES.—

6 (1) Of the funds made available by this or any

7 other Act to the Department of Energy or the De8 partment of the Interior for fiscal year 2005, not

9 more than the maximum amount specified in para10 graph (2)(A) may be used by the Secretary of En11 ergy or the Secretary of the Interior to initiate or

12 continue competitive sourcing studies in fiscal year

13 2005 for programs, projects, and activities for which

14 funds are appropriated by this Act until such time

15 as the Secretary concerned submits a reprogram16 ming proposal to the Committees on Appropriations

17 of the Senate and the House of Representatives, and

18 such proposal has been processed consistent with the

19 reprogramming guidelines in House Report 108–

20 330.

21 (2) For the purposes of paragraph (1), the

22 maximum amount—

23 (A) with respect to the Department of En24 ergy is $500,000; and
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1 (B) with respect to the Department of the

2 Interior is $2,500,000; and

3 (3) Of the funds appropriated by this Act, not

4 more than $2,000,000 may be used in fiscal year

5 2005 for competitive sourcing studies and related

6 activities by the Forest Service.

7 (d) LIMITATION ON CONVERSION TO CONTRACTOR

8 PERFORMANCE.—

9 (1) None of the funds made available in this or

10 any other Act may be used to convert to contractor

11 performance an activity or function of the Forest

12 Service, an activity or function of the Department of

13 the Interior performed under programs, projects,

14 and activities for which funds are appropriated by

15 this Act, or an activity or function of the Depart16 ment of Energy performed under programs, projects,

17 and activities for which funds are appropriated by

18 this Act, if such activity or function is performed on

19 or after the date of the enactment of this Act by

20 more than 10 Federal employees unless—

21 (A) the conversion is based on the result of

22 a public-private competition that includes a

23 more efficient and cost effective organization

24 plan developed by such activity or function; and
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1 (B) the Competitive Sourcing Official de2 termines that, over all performance periods

3 stated in the solicitation of offers for perform4 ance of the activity or function, the cost of per5 formance of the activity or function by a con6 tractor would be less costly to the Federal Gov7 ernment by an amount that equals or exceeds

8 the lesser of—

9 (i) 10 percent of the more efficient or10 ganization’s personnel-related costs for

11 performance of that activity or function by

12 Federal employees; or

13 (ii) $10,000,000.

14 (2) This subsection shall not apply to a com15 mercial or industrial type function that—

16 (A) is included on the procurement list es17 tablished pursuant to section 2 of the Javits18 Wagner-O’Day Act (41 U.S.C. 47);

19 (B) is planned to be converted to perform20 ance by a qualified nonprofit agency for the

21 blind or by a qualified nonprofit agency for

22 other severely handicapped individuals in ac23 cordance with that Act; or

24 (C) is planned to be converted to perform25 ance by a qualified firm under at least 51 per-
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1 cent ownership by an Indian tribe, as defined in

2 section 4(e) of the Indian Self-Determination

3 and Education Assistance Act (25 U.S.C.

4 450b(e)), or a Native Hawaiian Organization,

5 as defined in section 8(a)(15) of the Small

6 Business Act (15 U.S.C. 637(a)(15)).

7 (3) The conversion of any activity or function

8 under the authority provided by this subsection shall

9 be credited toward any competitive or outsourcing

10 goal, target, or measurement that may be estab11 lished by statute, regulation, or policy.

12 (e) COMPETITIVE SOURCING STUDY DEFINED.—In

13 this subsection, the term ‘‘competitive sourcing study’’

14 means a study on subjecting work performed by Federal

15 Government employees or private contractors to public16 private competition or on converting the Federal Govern17 ment employees or the work performed by such employees

18 to private contractor performance under the Office of

19 Management and Budget Circular A–76 or any other ad20 ministrative regulation, directive, or policy.

21 SEC. 332. Estimated overhead charges, deductions,

22 reserves or holdbacks from programs, projects and activi23 ties to support governmentwide, departmental, agency or

24 bureau administrative functions or headquarters, regional

25 or central office operations shall be presented in annual
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1 budget justifications. Changes to such estimates shall be

2 presented to the Committees on Appropriations for ap3 proval.

4 SEC. 333. None of the funds in this or any other Act

5 may be used by the agencies funded in this Act to imple6 ment Safecom, Disaster Management, E-Training, and E7 Rulemaking.

8 CONVEYANCE OF A SMALL PARCEL OF PUBLIC DOMAIN

9 LAND IN THE SAN BERNARDINO NATIONAL FOREST

10 IN THE STATE OF CALIFORNIA

11 SEC. 334. (a) FINDINGS.—The Congress finds that—

12 (1) a select area of the San Bernardino Na13 tional Forest in California is heavily developed with

14 recreation residences and is immediately adjacent to

15 comparably developed private property;

16 (2) it is in the public interest to convey the

17 above referenced area to the owners of the recreation

18 residences; and

19 (3) the Secretary of Agriculture should use the

20 proceeds of such conveyance to acquire additional

21 lands within the boundaries of the San Bernardino

22 National Forest.

23 (b) CONVEYANCE REQUIRED.—Subject to valid exist24 ing rights and such terms, conditions, and restrictions as

25 the Secretary deems necessary or desirable in the public

26 interest, the Secretary of Agriculture shall convey to the
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1 Mill Creek Homeowners Association (hereinafter Associa2 tion) all right, title, and interest of the United States in

3 and to the Mill Creek parcel of real estate described in

4 subsection (c)(1). In the event the Secretary and the Asso5 ciation for any reason do not complete the sale within two

6 years from the date of enactment of this Act, this author7 ity shall expire.

8 (c) LEGAL DESCRIPTION AND CORRECTION AUTHOR9 ITY.—

10 (1) DESCRIPTION.—The Mill Creek parcel, ap11 proximately 28.75 acres, as shown on a map, ‘‘The

12 Mill Creek Conveyance Parcel—San Bernardino Na13 tional Forest, dated June 1, 2004’’ and more par14 ticularly described as T.1 S., R.1 W., Section 8, E1/

15 2N1/2N1/2NE1/4SE1/4NE1/4S1/2N1/2N1/2SE1/

16 4NE1/4S1/2N1/2SE1/4NE1/4NE1/4SW1/4SE1/

17 4NE1/4N1/2SE1/4SE1/4NE1/4S1/2NE1/4SW1/

18 4NE1/4, located in the San Bernardino Meridian of

19 the United States Public Land Survey System, Cali20 fornia. The map shall be on file and available for in21 spection in the office of the Chief, Forest Service,

22 Washington, D.C. and in the office of the Forest Su23 pervisor, San Bernardino National Forest until such

24 time as the lands are conveyed.
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1 (2) CORRECTIONS.—The Secretary is author2 ized to make minor corrections to this map and may

3 modify the description to correct errors or to recon4 figure the property in order to facilitate conveyance.

5 In the event of a conflict between the map descrip6 tion and the USPLSS description of the land in

7 paragraph (1), the map will be considered the defini8 tive description of the land.

9 (d) CONSIDERATION.—Consideration for the convey10 ance under subsection (b) shall be equal to the appraised

11 fair market value of the parcel of real property to be con12 veyed. Such appraisal shall be prepared in conformity with

13 the Uniform Appraisal Standards for Federal Land Acqui14 sition.

15 (e) ACCESS REQUIREMENTS.—Notwithstanding sec16 tion 1323(a) of the Alaska National Interest Lands Con17 servation Act (16 U.S.C. 3210(a)) or any other law, the

18 Secretary is not required to provide access over National

19 Forest System lands to the parcel of real estate to be con20 veyed under subsection (b).

21 (f) ADMINISTRATIVE COSTS.—All costs incurred by

22 the Secretary of Agriculture and any costs associated with

23 the creation of a subdivided parcel, conducting and rec24 ordation of a survey, zoning, planning approval, and simi-
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1 lar expenses with respect to the conveyance under sub2 section (b), shall be borne by the Association.

3 (g) ASSUMPTION OF LIABILITY.—By acceptance of

4 the conveyance of the parcel of real property referred to

5 in subsection (b), the Association and its successors and

6 assigns will indemnify and hold harmless the United

7 States for any and all liability to any party that is associ8 ated with the parcel.

9 (h) TREATMENT OF RECEIPTS.—All funds received

10 pursuant to the conveyance of the parcel of real property

11 referred to in subsection (b) shall be deposited in the fund

12 established under Public Law 90–171 (16 U.S.C. 484a;

13 commonly known as the Sisk Act), and the funds shall

14 remain available to the Secretary, until expended, for the

15 acquisition of lands, waters, and interests in land for in16 clusion in the San Bernardino National Forest.

17 SEC. 335. Section 331 of the Department of the Inte18 rior and Related Agencies Appropriations Act, 2001 (Pub19 lic Law 106–291; 114 Stat. 996), is amended—

20 (1) in subsection (a), by striking ‘‘Until Sep21 tember 30, 2004, the’’ and inserting ‘‘The’’; and

22 (2) by adding at the end the following new sub23 sections:

24 ‘‘(d) INCLUSION OF COLORADO BLM LANDS.—The

25 authority provided by this section shall also be available
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1 to the Secretary of the Interior with respect to public

2 lands in the State of Colorado administered by the Sec3 retary through the Bureau of Land Management.

4 ‘‘(e) EXPIRATION OF AUTHORITY.—The authority of

5 the Secretary of Agriculture and the Secretary of the Inte6 rior to enter into cooperative agreements and contracts

7 under this section expires September 30, 2009, and the

8 term of any cooperative agreement or contract entered

9 into under this section shall not extend beyond that date.’’.

10 TITLE IV—SUPPLEMENTAL APPROPRIATIONS

11 FOR FISCAL YEARS 2004 AND 2005 FOR UR12 GENT WILDLAND FIRE SUPPRESSION AC13 TIVITIES

14 CHAPTER 1—FISCAL YEAR 2004

15 DEPARTMENT OF THE INTERIOR

16 BUREAU OF LAND MANAGEMENT

17 WILDLAND FIRE MANAGEMENT

18 For an additional amount for fiscal year 2004 for

19 ‘‘Wildland Fire Management’’, $100,000,000, to remain

20 available until expended, for urgent wildland fire suppres21 sion activities related to the fiscal year 2004 fire season

22 pursuant to section 312 of S. Con. Res. 95 (108th Con23 gress), as made applicable to the House of Representatives

24 by H. Res. 649 (108th Congress): Provided, That such

25 funds are also available for repayment of advances to
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1 other appropriation accounts from which funds are trans2 ferred for such purposes: Provided further, That cost con3 tainment measures shall be implemented within this ac4 count for fiscal year 2004, and the Secretary of the Inte5 rior shall submit to the Committees on Appropriations of

6 the Senate and the House of Representatives a report on

7 such cost containment measures by December 31 following

8 the end of such fiscal year.

9 DEPARTMENT OF AGRICULTURE

10 FOREST SERVICE

11 WILDLAND FIRE MANAGEMENT

12 For an additional amount for fiscal year 2004 for

13 ‘‘Wildland Fire Management’’, $400,000,000, to remain

14 available until expended, for urgent wildland fire suppres15 sion activities related to the fiscal year 2004 fire season

16 pursuant to section 312 of S. Con. Res. 95 (108th Con17 gress), as made applicable to the House of Representatives

18 by H. Res. 649 (108th Congress): Provided, That such

19 funds are also available for repayment of advances to

20 other appropriation accounts from which funds are trans21 ferred for such purposes: Provided further, That cost con22 tainment measures shall be implemented within this ac23 count for fiscal year 2004, and the Secretary of Agri24 culture shall submit to the Committees on Appropriations

25 of the Senate and the House of Representatives a report
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1 on such cost containment measures by December 31 fol2 lowing the end of such fiscal year.

3 CHAPTER 2—FISCAL YEAR 2005

4 DEPARTMENT OF THE INTERIOR

5 BUREAU OF LAND MANAGEMENT

6 WILDLAND FIRE MANAGEMENT

7 For an additional amount for fiscal year 2005 for

8 ‘‘Wildland Fire Management’’, $100,000,000, to remain

9 available until expended, for urgent wildland fire suppres10 sion activities related to the fiscal year 2005 fire season

11 pursuant to section 312 of S. Con. Res. 95 (108th Con12 gress), as made applicable to the House of Representatives

13 by H. Res. 649 (108th Congress): Provided, That these

14 funds will become available in the event that funds pro15 vided in title I of this Act for wildland fire suppression

16 are insufficient: Provided further, That such funds are also

17 available for repayment of advances to other appropriation

18 accounts from which funds are transferred for such pur19 poses: Provided further, That cost containment measures

20 shall be implemented within this account for fiscal year

21 2005, and the Secretary of the Interior shall submit to

22 the Committees on Appropriations of the Senate and the

23 House of Representatives a report on such cost contain24 ment measures by December 31 following the end of such

25 fiscal year.
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1 DEPARTMENT OF AGRICULTURE

2 FOREST SERVICE

3 WILDLAND FIRE MANAGEMENT

4 For an additional amount for fiscal year 2005 for

5 ‘‘Wildland Fire Management’’, $400,000,000, to remain

6 available until expended, for urgent wildland fire suppres7 sion activities related to the fiscal year 2005 fire season

8 pursuant to section 312 of S. Con. Res. 95 (108th Con9 gress), as made applicable to the House of Representatives

10 by H. Res. 649 (108th Congress): Provided, That these

11 funds will become available in the event that funds pro12 vided in title II of this Act for wildland fire suppression

13 are insufficient: Provided further, That such funds are also

14 available for repayment of advances to other appropriation

15 accounts from which funds are transferred for such pur16 poses: Provided further, That cost containment measures

17 shall be implemented within this account for fiscal year

18 2005, and the Secretary of Agriculture shall submit to the

19 Committees on Appropriations of the Senate and the

20 House of Representatives a report on such cost contain21 ment measures by December 31 following the end of such

22 fiscal year.

23 SEC. 401. None of the funds provided under this Act

24 may be used for the salaries and expenses of any employee

25 for the expenditure of any fee collected under section
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1 315(f) of the Department of the Interior and Related

2 Agencies Appropriations Act, 1996 (as contained in sec3 tion 101(c) of Public Law 104-134) for the costs, in whole

4 or in part, of the biological monitoring for a species that

5 is included in a list published under the Endangered Spe6 cies Act of 1973 (16 U.S.C. 1533(c)), or that is a can7 didate for inclusion in such a list.

8 SEC. 402. None of the funds made available in this

9 Act may be used for the planning, designing, studying,

10 or construction of forest development roads in the Tongass

11 National Forest for the purpose of harvesting timber by

12 private entities or individuals.

13 SEC. 403. The Secretary of the Interior shall submit

14 a report to Congress 30 days after enactment of this Act

15 with a date certain of when and whether the public will

16 have full access to the Statue of Liberty including all areas

17 that were closed after 9/11.

18 This Act may be cited as the ‘‘Department of the In19 terior and Related Agencies Appropriations Act, 2005’’.

Passed the House of Representatives June 17, 2004.

Attest:

Clerk.