IB 

Union Calendar No. 314 

108TH CONGRESS 

2D SESSION H. R. 4568 

[Report No. 108–542] 

Making appropriations for the Department of the Interior and related agencies 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2004 

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

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of the Interior 

and related agencies for the fiscal year ending September 

30, 2005, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of the Interior and related agencies for the 

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

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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 

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1 Notwithstanding any other provision of law, in fiscal 

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

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

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

7 total payments in the administrative account do not exceed 

8 total revenue collected and deposited in that account by 

9 the end of the fiscal year. 

10 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 

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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 

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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 

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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 

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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 

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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 

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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 

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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 

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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 

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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 

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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 

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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 RH 

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 RH 

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 

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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 RH 

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 

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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 

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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 

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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 

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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. 

5 PAYMENTS IN LIEU OF TAXES

6 For expenses necessary to implement the Act of Octo7 ber 20, 1976, as amended (31 U.S.C. 6901-6907), 

8 $226,000,000, of which not to exceed $400,000 shall be 

9 available for administrative expenses: Provided, That no 

10 payment shall be made to otherwise eligible units of local 

11 government if the computed amount of the payment is less 

12 than $100. 

13 OFFICE OF THE SOLICITOR

14 SALARIES AND EXPENSES

15 For necessary expenses of the Office of the Solicitor, 

16 $51,356,000. 

17 OFFICE OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Inspector 

20 General, $37,655,000. 

21 OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

22 FEDERAL TRUST PROGRAMS

23 For the operation of trust programs for Indians by 

24 direct expenditure, contracts, cooperative agreements, 

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

26 until expended: Provided, That of the amounts available 
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1 under this heading not to exceed $58,000,000 shall be 

2 available for records collection and indexing, imaging and 

3 coding, accounting for per capita and judgment accounts, 

4 accounting for tribal accounts, reviewing and distributing 

5 funds from special deposit accounts, and program man6 agement of the Office of Historical Trust Accounting, in7 cluding litigation support: Provided further, That funds for 

8 trust management improvements and litigation support 

9 may, as needed, be transferred to or merged with the Bu10 reau of Indian Affairs, ‘‘Operation of Indian Programs’’ 

11 account; the Office of the Solicitor, ‘‘Salaries and Ex12 penses’’ account; and the Departmental Management, 

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

14 funds made available to Tribes and Tribal organizations 

15 through contracts or grants obligated during fiscal year 

16 2005, as authorized by the Indian Self-Determination Act 

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

18 until expended by the contractor or grantee: Provided fur19 ther, That notwithstanding any other provision of law, the 

20 statute of limitations shall not commence to run on any 

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

22 of the enactment of this Act, concerning losses to or mis23 management of trust funds, until the affected tribe or in24 dividual Indian has been furnished with an accounting of 

25 such funds from which the beneficiary can determine 
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1 whether there has been a loss: Provided further, That not2 withstanding any other provision of law, the Secretary 

3 shall not be required to provide a quarterly statement of 

4 performance for any Indian trust account that has not had 

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

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

7 an annual account statement and maintain a record of any 

8 such accounts and shall permit the balance in each such 

9 account to be withdrawn upon the express written request 

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

11 $50,000 is available for the Secretary to make payments 

12 to correct administrative errors of either disbursements 

13 from or deposits to Individual Indian Money or Tribal ac14 counts after September 30, 2002: Provided further, That 

15 erroneous payments that are recovered shall be credited 

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

17 INDIAN LAND CONSOLIDATION

18 For consolidation of fractional interests in Indian 

19 lands and expenses associated with redetermining and re20 distributing escheated interests in allotted lands, and for 

21 necessary expenses to carry out the Indian Land Consoli22 dation Act of 1983, as amended, by direct expenditure or 

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

24 until expended: Provided, That funds provided under this 

25 heading may be expended pursuant to the authorities con26 tained in the provisos under the heading ‘‘Office of Special 
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1 Trustee for American Indians, Indian Land Consolida2 tion’’ of the Interior and Related Agencies Appropriations 

3 Act, 2001 (Public Law 106–291). 

4 NATURAL RESOURCES DAMAGE ASSESSMENT AND

5 RESTORATION

6 NATURAL RESOURCE DAMAGE ASSESSMENT FUND

7 To conduct natural resource damage assessment and 

8 restoration activities by the Department of the Interior 

9 necessary to carry out the provisions of the Comprehensive 

10 Environmental Response, Compensation, and Liability 

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

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

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

14 (33 U.S.C. 2701 et seq.), and Public Law 101–337, as 

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

16 available until expended. 

17 ADMINISTRATIVE PROVISIONS

18 There is hereby authorized for acquisition from avail19 able resources within the Working Capital Fund, 15 air20 craft, 10 of which shall be for replacement and which may 

21 be obtained by donation, purchase or through available ex22 cess surplus property: Provided, That existing aircraft 

23 being replaced may be sold, with proceeds derived or 

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

25 replacement aircraft: Provided further, That no programs 

26 funded with appropriated funds in the ‘‘Departmental 
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1 Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In2 spector General’’ may be augmented through the Working 

3 Capital Fund: Provided further, That the annual budget 

4 justification for Departmental Management shall describe 

5 estimated Working Capital Fund charges to bureaus and 

6 offices, including the methodology on which charges are 

7 based: Provided further, That departures from the Work8 ing Capital Fund estimates contained in the Departmental 

9 Management budget justification shall be presented to the 

10 Committees on Appropriations for approval: Provided fur11 ther, That the Secretary shall provide a semi-annual re12 port to the Committees on Appropriations on reimbursable 

13 support agreements between the Office of the Secretary 

14 and the National Business Center and the bureaus and 

15 offices of the Department, including the amounts billed 

16 pursuant to such agreements. 

17 GENERAL PROVISIONS, DEPARTMENT OF THE 

18 INTERIOR 

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

20 available for expenditure or transfer (within each bureau 

21 or office), with the approval of the Secretary, for the emer22 gency reconstruction, replacement, or repair of aircraft, 

23 buildings, utilities, or other facilities or equipment dam24 aged or destroyed by fire, flood, storm, or other unavoid25 able causes: Provided, That no funds shall be made avail-
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1 able under this authority until funds specifically made 

2 available to the Department of the Interior for emer3 gencies shall have been exhausted: Provided further, That 

4 all funds used pursuant to this section are hereby des5 ignated by Congress to be ‘‘emergency requirements’’ pur6 suant to H. Res. 649 and section 402 of S. Con. Res. 

7 95, the concurrent resolution on the budget for fiscal year 

8 2005, and must be replenished by a supplemental appro9 priation which must be requested as promptly as possible. 

10 SEC. 102. The Secretary may authorize the expendi11 ture or transfer of any no year appropriation in this title, 

12 in addition to the amounts included in the budget pro13 grams of the several agencies, for the suppression or emer14 gency prevention of wildland fires on or threatening lands 

15 under the jurisdiction of the Department of the Interior; 

16 for the emergency rehabilitation of burned-over lands 

17 under its jurisdiction; for emergency actions related to po18 tential or actual earthquakes, floods, volcanoes, storms, or 

19 other unavoidable causes; for contingency planning subse20 quent to actual oil spills; for response and natural resource 

21 damage assessment activities related to actual oil spills; 

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

23 potential grasshopper and Mormon cricket outbreaks on 

24 lands under the jurisdiction of the Secretary, pursuant to 

25 the authority in section 1773(b) of Public Law 99–198 
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1 (99 Stat. 1658); for emergency reclamation projects under 

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

3 any no year funds available to the Office of Surface Min4 ing Reclamation and Enforcement, such funds as may be 

5 necessary to permit assumption of regulatory authority in 

6 the event a primacy State is not carrying out the regu7 latory provisions of the Surface Mining Act: Provided, 

8 That appropriations made in this title for wildland fire 

9 operations shall be available for the payment of obligations 

10 incurred during the preceding fiscal year, and for reim11 bursement to other Federal agencies for destruction of ve12 hicles, aircraft, or other equipment in connection with 

13 their use for wildland fire operations, such reimbursement 

14 to be credited to appropriations currently available at the 

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

16 fire operations, no funds shall be made available under 

17 this authority until the Secretary determines that funds 

18 appropriated for ‘‘wildland fire operations’’ shall be ex19 hausted within 30 days: Provided further, That all funds 

20 used pursuant to this section are hereby designated by 

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

22 section 402 of S. Con. Res. 95 (108th Congress), as made 

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

24 (108th Congress), the concurrent resolution on the budget 

25 for fiscal year 2005, and must be replenished by a supple-
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1 mental appropriation which must be requested as prompt2 ly as possible: Provided further, That such replenishment 

3 funds shall be used to reimburse, on a pro rata basis, ac4 counts from which emergency funds were transferred. 

5 SEC. 103. Appropriations made to the Department 

6 of the Interior shall hereafter be available for operation 

7 of warehouses, garages, shops, and similar facilities, wher8 ever consolidation of activities will contribute to efficiency 

9 or economy, and said appropriations shall be reimbursed 

10 for services rendered to any other activity in the same 

11 manner as authorized by sections 1535 and 1536 of title 

12 31, United States Code: Provided, That reimbursements 

13 for costs and supplies, materials, equipment, and for serv14 ices rendered may be credited to the appropriation current 

15 at the time such reimbursements are received. 

16 SEC. 104. Appropriations made to the Department 

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

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

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

20 maintenance, and operation of aircraft; hire of passenger 

21 motor vehicles; purchase of reprints; payment for tele22 phone service in private residences in the field, when au23 thorized under regulations approved by the Secretary; and 

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

25 for library membership in societies or associations which 
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1 issue publications to members only or at a price to mem2 bers lower than to subscribers who are not members. 

3 SEC. 105. Appropriations available to the Depart4 ment of the Interior for salaries and expenses shall here5 after be available for uniforms or allowances therefor, as 

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

7 4–204). 

8 SEC. 106. Annual appropriations made to the De9 partment of the Interior shall hereafter be available for 

10 obligation in connection with contracts issued for services 

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

12 at any time during the fiscal year. 

13 SEC. 107. No funds provided in this title may be ex14 pended by the Department of the Interior for the conduct 

15 of offshore preleasing, leasing and related activities placed 

16 under restriction in the President’s moratorium statement 

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

18 southern California; the North Atlantic; Washington and 

19 Oregon; and the eastern Gulf of Mexico south of 26 de20 grees north latitude and east of 86 degrees west longitude. 

21 SEC. 108. No funds provided in this title may be ex22 pended by the Department of the Interior to conduct off23 shore oil and natural gas preleasing, leasing and related 

24 activities in the eastern Gulf of Mexico planning area for 

25 any lands located outside Sale 181, as identified in the 
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1 final Outer Continental Shelf 5-Year Oil and Gas Leasing 

2 Program, 1997–2002. 

3 SEC. 109. No funds provided in this title may be ex4 pended by the Department of the Interior to conduct oil 

5 and natural gas preleasing, leasing and related activities 

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

7 SEC. 110. Notwithstanding any other provisions of 

8 law, the National Park Service shall not develop or imple9 ment a reduced entrance fee program to accommodate 

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

11 for and regulate local non-recreational passage through 

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

13 develop guidelines and permits for such activity appro14 priate to that unit. 

15 SEC. 111. Advance payments made to the Depart16 ment of the Interior to Indian tribes, tribal organizations, 

17 and tribal consortia pursuant to the Indian Self-Deter18 mination and Education Assistance Act (25 U.S.C. 450 

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

20 (25 U.S.C. 2501 et seq.) may hereafter be invested by the 

21 Indian tribe, tribal organization, or consortium before 

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

23 compact, or annual funding agreement so long as such 

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

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

5 (or other) funds registered with the Securities and 

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

8 guaranteed or insured by the United States; or 

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

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

13 SEC. 112. Appropriations made in this Act under the 

14 headings Bureau of Indian Affairs and Office of Special 

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

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

20 shall not exceed amounts specifically designated in this 

21 Act for such purpose. 

22 SEC. 113. Notwithstanding any other provision of 

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

25 requirements of chapter 10 of title 25, United States 
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1 Code, are deemed satisfied by a proceeding conducted by 

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

4 governing the appointments in the competitive service, for 

5 such period of time as the Secretary determines necessary: 

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

7 so appointed may be fixed by the Secretary without regard 

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

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

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

12 a level which exceeds the maximum rate payable for the 

13 highest grade of the General Schedule, including locality 

14 pay. 

15 SEC. 114. Notwithstanding any other provision of 

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

18 tribal base funds, to alleviate tribal funding inequities by 

19 transferring funds to address identified, unmet needs, 

20 dual enrollment, overlapping service areas or inaccurate 

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

23 percent in fiscal year 2005. Under circumstances of dual 

24 enrollment, overlapping service areas or inaccurate dis-
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1 tribution methodologies, the 10 percent limitation does not 

2 apply. 

3 SEC. 115. Funds appropriated for the Bureau of In4 dian Affairs for postsecondary schools for fiscal year 2005 

5 shall be allocated among the schools proportionate to the 

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

8 Education Programs. 

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

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

11 comprising the Huron Cemetery in Kansas City, Kansas 

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

13 used only in accordance with this section. 

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

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

17 a burial ground. 

18 SEC. 117. Notwithstanding any other provision of 

19 law, in conveying the Twin Cities Research Center under 

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

22 retain land and other forms of reimbursement: Provided, 

23 That the Secretary may retain and use any such reim24 bursement until expended and without further appropria25 tion: (1) for the benefit of the National Wildlife Refuge 
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1 System within the State of Minnesota; and (2) for all ac2 tivities authorized by Public Law 100-696; 16 U.S.C. 

3 460zz. 

4 SEC. 118. Notwithstanding other provisions of law, 

5 the National Park Service hereafter may authorize, 

6 through cooperative agreement, the Golden Gate National 

7 Parks Association to provide fee-based education, inter8 pretive and visitor service functions within the Crissy 

9 Field and Fort Point areas of the Presidio. 

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

11 received by the Bureau of Land Management for the sale 

12 of seeds or seedlings, may hereafter be credited to the ap13 propriation from which funds were expended to acquire 

14 or grow the seeds or seedlings and are available without 

15 fiscal year limitation. 

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

17 contract for the use of helicopters or motor vehicles on 

18 the Sheldon and Hart National Wildlife Refuges for the 

19 purpose of capturing and transporting horses and burros. 

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

21 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such 

22 use. Such use shall be in accordance with humane proce23 dures prescribed by the Secretary. 

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

25 land acquisition by the National Park Service for Shen-
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1 andoah Valley Battlefields National Historic District, New 

2 Jersey Pinelands Preserve, and Ice Age National Scenic 

3 Trail may be used for a grant to a State, a local govern4 ment, or any other governmental land management entity 

5 for the acquisition of lands without regard to any restric6 tion on the use of Federal land acquisition funds provided 

7 through the Land and Water Conservation Fund Act of 

8 1965 as amended. 

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

10 Act may be obligated or expended by the National Park 

11 Service to enter into or implement a concession contract 

12 which permits or requires the removal of the underground 

13 lunchroom at the Carlsbad Caverns National Park. 

14 SEC. 123. None of the funds made available in this 

15 Act may be used: (1) to demolish the bridge between Jer16 sey City, New Jersey, and Ellis Island; or (2) to prevent 

17 pedestrian use of such bridge, when such pedestrian use 

18 is consistent with generally accepted safety standards. 

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

20 or any other Act for any fiscal year may be used to des21 ignate, or to post any sign designating, any portion of Ca22 naveral National Seashore in Brevard County, Florida, as 

23 a clothing-optional area or as an area in which public nu24 dity is permitted, if such designation would be contrary 

25 to county ordinance. 
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1 SEC. 125. None of the funds in this or any other Act 

2 can be used to compensate the Special Master and the 

3 Special Master-Monitor, and all variations thereto, ap4 pointed by the United States District Court for the Dis5 trict of Columbia in the Cobell v. Norton litigation at an 

6 annual rate that exceeds 200 percent of the highest Senior 

7 Executive Service rate of pay for the Washington-Balti8 more locality pay area. 

9 SEC. 126. The Secretary of the Interior may use dis10 cretionary funds to pay private attorneys fees and costs 

11 for employees and former employees of the Department 

12 of the Interior reasonably incurred in connection with 

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

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

15 insurance. In no case shall the Secretary make payments 

16 under this section that would result in payment of hourly 

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

18 District Court for the District of Columbia for counsel in 

19 Cobell v. Norton. 

20 SEC. 127. The United States Fish and Wildlife Serv21 ice shall, in carrying out its responsibilities to protect 

22 threatened and endangered species of salmon, implement 

23 a system of mass marking of salmonid stocks, intended 

24 for harvest, that are released from Federally operated or 

25 Federally financed hatcheries including but not limited to 
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1 fish releases of coho, chinook, and steelhead species. 

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

3 identified by commercial and recreational fishers. 

4 SEC. 128. Such sums as may be necessary from ‘‘De5 partmental Management, Salaries and Expenses’’, shall be 

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

7 Resource Management’’ for operational needs at the Mid8 way Atoll National Wildlife Refuge airport. 

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

10 of the Department of the Interior and Related Agencies 

11 Appropriations Act, 2002 (115 Stat. 443) affects the deci12 sion of the United States Court of Appeals for the 10th 

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

14 (2001). 

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

16 section permits the conduct of gaming under the Indian 

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

18 described in section 123 of the Department of the Interior 

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

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

21 of whether the land or contiguous land has been taken 

22 into trust by the Secretary of the Interior. 

23 SEC. 130. No funds appropriated for the Department 

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

25 to study or implement any plan to drain Lake Powell or 
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1 to reduce the water level of the lake below the range of 

2 water levels required for the operation of the Glen Canyon 

3 Dam. 

4 SEC. 131. Notwithstanding the limitation in subpara5 graph (2)(B) of section 18(a) of the Indian Gaming Regu6 latory Act (25 U.S.C. 2717(a)), the total amount of all 

7 fees imposed by the National Indian Gaming Commission 

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

9 SEC. 132. Notwithstanding any implementation of 

10 the Department of the Interior’s trust reorganization plan 

11 within fiscal years 2004 or 2005, funds appropriated for 

12 fiscal year 2005 shall be available to the tribes within the 

13 California Tribal Trust Reform Consortium and to the 

14 Salt River Pima Maricopa Indian Community, the Confed15 erated Salish-Kootenai Tribes of the Flathead Reservation 

16 and the Chippewa Cree Tribe of the Rocky Boys Reserva17 tion on the same basis as funds were distributed in fiscal 

18 year 2004. This Demonstration Project shall operate sepa19 rate and apart from the Department of the Interior’s trust 

20 reform reorganization, and the Department shall not im21 pose its trust management infrastructure upon or alter the 

22 existing trust resource management systems of the above 

23 referenced tribes having a self-governance compact and 

24 operating in accordance with the Tribal Self-Governance 

25 Program set forth in 25 U.S.C. Sections 458aa–458hh: 
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1 Provided, That the California Trust Reform Consortium 

2 and any other participating tribe agree to carry out their 

3 responsibilites under the same fiduciary standards as 

4 those to which the Secretary of the Interior is held: Pro5 vided further, That they demonstrate, and continue to 

6 demonstrate, to the satisfaction of the Secretary that they 

7 have the capability to do so. 

8 SEC. 133. None of the funds appropriated or other9 wise made available by this or any other Act, hereafter 

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

11 Mall for a special event, unless the permit expressly pro12 hibits the erection, placement, or use of structures and 

13 signs bearing commercial advertising. The Secretary may 

14 allow for recognition of sponsors of special events: Pro15 vided, That the size and form of the recognition shall be 

16 consistent with the special nature and sanctity of the Mall 

17 and any lettering or design identifying the sponsor shall 

18 be no larger than one-third the size of the lettering or de19 sign identifying the special event. In approving special 

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

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

22 not restricted. For purposes of this section, the term ‘‘spe23 cial event’’ shall have the meaning given to it by section 

24 7.96(g)(1)(ii) of title 36, Code of Federal Regulations. 
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1 TITLE II—RELATED AGENCIES 

2 DEPARTMENT OF AGRICULTURE 

3 FOREST SERVICE

4 FOREST AND RANGELAND RESEARCH

5 For necessary expenses of forest and rangeland re6 search as authorized by law, $280,654,000, to remain 

7 available until expended: Provided, That of the funds pro8 vided, $52,714,000 is for the forest inventory and analysis 

9 program. 

10 STATE AND PRIVATE FORESTRY

11 For necessary expenses of cooperating with and pro12 viding technical and financial assistance to States, terri13 tories, possessions, and others, and for forest health man14 agement, including treatments of pests, pathogens, and 

15 invasive or noxious plants and for restoring and rehabili16 tating forests damaged by pests or invasive plants, cooper17 ative forestry, and education and land conservation activi18 ties and conducting an international program as author19 ized, $282,446,000, to remain available until expended, as 

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

21 from the Land and Water Conservation Fund: Provided, 

22 That none of the funds provided under this heading for 

23 the acquisition of lands or interests in lands shall be avail24 able until the Forest Service notifies the House Committee 

25 on Appropriations and the Senate Committee on Appro-
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1 priations, in writing, of specific contractual and grant de2 tails including the non-Federal cost share. 

3 NATIONAL FOREST SYSTEM

4 For necessary expenses of the Forest Service, not 

5 otherwise provided for, for management, protection, im6 provement, and utilization of the National Forest System, 

7 $1,399,599,000, to remain available until expended, which 

8 shall include 50 percent of all moneys received during 

9 prior fiscal years as fees collected under the Land and 

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

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

12 6a(i)): Provided, That unobligated balances under this 

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

14 displayed by budget line item in the fiscal year 2006 budg15 et justification: Provided further, That, through fiscal year 

16 2009, the Secretary may authorize the expenditure or 

17 transfer of such sums as necessary to the Department of 

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

19 preparation, and adoption of excess wild horses and burros 

20 from National Forest System lands, and for the perform21 ance of cadastral surveys to designate the boundaries of 

22 such lands. 

23 WILDLAND FIRE MANAGEMENT

24 For necessary expenses for forest fire presuppression 

25 activities on National Forest System lands, for emergency 
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1 fire suppression on or adjacent to such lands or other 

2 lands under fire protection agreement, hazardous fuels re3 duction on or adjacent to such lands, and for emergency 

4 rehabilitation of burned-over National Forest System 

5 lands and water, $1,734,865,000, to remain available until 

6 expended: Provided, That such funds including unobli7 gated balances under this heading, are available for repay8 ment of advances from other appropriations accounts pre9 viously transferred for such purposes: Provided further, 

10 That such funds shall be available to reimburse State and 

11 other cooperating entities for services provided in response 

12 to wildfire and other emergencies or disasters to the extent 

13 such reimbursements by the Forest Service for non-fire 

14 emergencies are fully repaid by the responsible emergency 

15 management agency: Provided further, That not less than 

16 50 percent of any unobligated balances remaining (exclu17 sive of amounts for hazardous fuels reduction) at the end 

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

19 past advances that have not been repaid, to the fund es20 tablished pursuant to section 3 of Public Law 71–319 (16 

21 U.S.C. 576 et seq.): Provided further, That notwith22 standing any other provision of law, $8,000,000 of funds 

23 appropriated under this appropriation shall be used for 

24 Fire Science Research in support of the Joint Fire Science 

25 Program: Provided further, That all authorities for the use 
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1 of funds, including the use of contracts, grants, and coop2 erative agreements, available to execute the Forest and 

3 Rangeland Research appropriation, are also available in 

4 the utilization of these funds for Fire Science Research: 

5 Provided further, That funds provided shall be available 

6 for emergency rehabilitation and restoration, hazardous 

7 fuels reduction activities in the urban-wildland interface, 

8 support to Federal emergency response, and wildfire sup9 pression activities of the Forest Service: Provided further, 

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

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

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

13 to make competitive research grants pursuant to the For14 est and Rangeland Renewable Resources Research Act, as 

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

16 State fire assistance, $8,000,000 is for volunteer fire as17 sistance, $15,000,000 is for forest health activities on 

18 Federal lands and $10,000,000 is for forest health activi19 ties on State and private lands: Provided further, That 

20 amounts in this paragraph may be transferred to the 

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

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

23 State fire assistance, volunteer fire assistance, forest 

24 health management, forest and rangeland research, vege25 tation and watershed management, heritage site rehabili-
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1 tation, and wildlife and fish habitat management and res2 toration: Provided further, That transfers of any amounts 

3 in excess of those authorized in this paragraph, shall re4 quire approval of the House and Senate Committees on 

5 Appropriations in compliance with reprogramming proce6 dures contained in House Report 108–330: Provided fur7 ther, That the costs of implementing any cooperative 

8 agreement between the Federal Government and any non9 Federal entity may be shared, as mutually agreed on by 

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

11 funds provided for State Fire Assistance programs, and 

12 subject to all authorities available to the Forest Service 

13 under the State and Private Forestry Appropriations, up 

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

15 lands for the purpose of protecting communities when haz16 ard reduction activities are planned on national forest 

17 lands that have the potential to place such communities 

18 at risk: Provided further, That included in funding for haz19 ardous fuel reduction is $5,000,000 for implementing the 

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

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

22 for use on non-Federal lands in accordance with authori23 ties available to the Forest Service under the State and 

24 Private Forestry Appropriation: Provided further, That in 

25 using the funds provided in this Act for hazardous fuels 
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1 reduction activities, the Secretary of Agriculture may con2 duct fuel reduction treatments on Federal lands using all 

3 contracting and hiring authorities available to the Sec4 retary applicable to hazardous fuel reduction activities 

5 under the wildland fire management accounts: Provided 

6 further, That notwithstanding Federal Government pro7 curement and contracting laws, the Secretaries may con8 duct fuel reduction treatments, rehabilitation and restora9 tion, and other activities authorized under this heading on 

10 and adjacent to Federal lands using grants and coopera11 tive agreements: Provided further, That notwithstanding 

12 Federal Government procurement and contracting laws, in 

13 order to provide employment and training opportunities 

14 to people in rural communities, the Secretaries may award 

15 contracts, including contracts for monitoring activities, to 

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

17 Conservation Corps crews or related partnerships, with 

18 State, local and non-profit youth groups; small or micro19 businesses; or other entities that will hire or train a sig20 nificant percentage of local people to complete such con21 tracts: Provided further, That the authorities described 

22 above relating to contracts, grants, and cooperative agree23 ments are available until all funds provided in this title 

24 for hazardous fuels reduction activities in the urban 

25 wildland interface are obligated: Provided further, That 
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1 the Secretary of the Interior and the Secretary of Agri2 culture may authorize the transfer of funds appropriated 

3 for wildland fire management, in an aggregate amount not 

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

5 such transfers would facilitate and expedite jointly funded 

6 wildland fire management programs and projects. 

7 CAPITAL IMPROVEMENT AND MAINTENANCE

8 For necessary expenses of the Forest Service, not 

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

10 until expended for construction, reconstruction, mainte11 nance and acquisition of buildings and other facilities, and 

12 for construction, reconstruction, repair, decommissioning, 

13 and maintenance of forest roads and trails by the Forest 

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

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

16 of the funds provided herein for road maintenance shall 

17 be available for the decommissioning of roads, including 

18 unauthorized roads not part of the transportation system, 

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

20 funds shall be expended to decommission any system road 

21 until notice and an opportunity for public comment has 

22 been provided on each decommissioning project. 

23 LAND ACQUISITION

24 For expenses necessary to carry out the provisions 

25 of the Land and Water Conservation Fund Act of 1965, 
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1 as amended (16 U.S.C. 460l–4 through 11), including ad2 ministrative expenses, and for acquisition of land or wa3 ters, or interest therein, in accordance with statutory au4 thority applicable to the Forest Service, $15,500,000, to 

5 be derived from the Land and Water Conservation Fund 

6 and to remain available until expended. 

7 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL

8 ACTS

9 For acquisition of lands within the exterior bound10 aries of the Cache, Uinta, and Wasatch National Forests, 

11 Utah; the Toiyabe National Forest, Nevada; and the An12 geles, San Bernardino, Sequoia, and Cleveland National 

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

14 be derived from forest receipts. 

15 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

17 from funds deposited by State, county, or municipal gov18 ernments, public school districts, or other public school au19 thorities, and for authorized expenditures from funds de20 posited by non-Federal parties pursuant to Land Sale and 

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

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

23 expended. 
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1 RANGE BETTERMENT FUND

2 For necessary expenses of range rehabilitation, pro3 tection, and improvement, 50 percent of all moneys re4 ceived during the prior fiscal year, as fees for grazing do5 mestic livestock on lands in National Forests in the 16 

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

7 Law 94–579, as amended, to remain available until ex8 pended, of which not to exceed 6 percent shall be available 

9 for administrative expenses associated with on-the-ground 

10 range rehabilitation, protection, and improvements. 

11 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND

12 RANGELAND RESEARCH

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

14 $65,000, to remain available until expended, to be derived 

15 from the fund established pursuant to the above Act. 

16 MANAGEMENT OF NATIONAL FOREST LANDS FOR

17 SUBSISTENCE USES

18 For necessary expenses of the Forest Service to man19 age Federal lands in Alaska for subsistence uses under 

20 title VIII of the Alaska National Interest Lands Conserva21 tion Act (Public Law 96–487), $5,962,000 available until 

22 expended. 

23 ADMINISTRATIVE PROVISIONS, FOREST SERVICE

24 Appropriations to the Forest Service for the current 

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

26 exceed 124 passenger motor vehicles of which 21 will be 
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1 used primarily for law enforcement purposes and of which 

2 124 shall be for replacement; acquisition of 25 passenger 

3 motor vehicles from excess sources, and hire of such vehi4 cles; purchase, operation, maintenance, and acquisition of 

5 aircraft from excess sources to maintain the operable fleet 

6 at 195 aircraft for use in Forest Service wildland fire pro7 grams and other Forest Service programs; notwith8 standing other provisions of law, existing aircraft being 

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

10 value used to offset the purchase price for the replacement 

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

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

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

14 other public improvements (7 U.S.C. 2250); (4) acquisi15 tion of land, waters, and interests therein pursuant to 7 

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

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

18 558d, and 558a note); (6) the cost of uniforms as author19 ized by 5 U.S.C. 5901–5902; and (7) for debt collection 

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

21 Any appropriations or funds available to the Forest 

22 Service may be transferred to the Wildland Fire Manage23 ment appropriation for forest firefighting, emergency re24 habilitation of burned-over or damaged lands or waters 

25 under its jurisdiction, and fire preparedness due to severe 
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1 burning conditions upon notification of the House and 

2 Senate Committees on Appropriations and if and only if 

3 all previously appropriated emergency contingent funds 

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

5 been released by the President and apportioned and all 

6 wildfire suppression funds under the heading ‘‘Wildland 

7 Fire Management’’ are obligated. 

8 The first transfer of funds into the Wildland Fire 

9 Management account shall include unobligated funds, if 

10 available, from the Land Acquisition account and the For11 est Legacy program within the State and Private Forestry 

12 account. 

13 Funds appropriated to the Forest Service shall be 

14 available for assistance to or through the Agency for Inter15 national Development and the Foreign Agricultural Serv16 ice in connection with forest and rangeland research, tech17 nical information, and assistance in foreign countries, and 

18 shall be available to support forestry and related natural 

19 resource activities outside the United States and its terri20 tories and possessions, including technical assistance, edu21 cation and training, and cooperation with United States 

22 and international organizations. 

23 None of the funds made available to the Forest Serv24 ice under this Act shall be subject to transfer under the 

25 provisions of section 702(b) of the Department of Agri-
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1 culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 

2 147b. 

3 None of the funds appropriated or otherwise made 

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

5 expenses of personnel to carry out section 8002 of the 

6 Farm Security and Rural Investment Act of 2002. Not 

7 less than $40,000,000 of funds under such section is here8 by cancelled. 

9 None of the funds available to the Forest Service may 

10 be reprogrammed without the advance approval of the 

11 House and Senate Committees on Appropriations in ac12 cordance with the reprogramming procedures contained in 

13 House Report 108–330. 

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

15 the Forest Service shall be transferred to the Working 

16 Capital Fund of the Department of Agriculture. 

17 Funds available to the Forest Service shall be avail18 able to conduct a program of not less than $2,000,000 

19 for high priority projects within the scope of the approved 

20 budget which shall be carried out by the Youth Conserva21 tion Corps. 

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

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

24 reception and representation expenses. 
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1 Pursuant to sections 405(b) and 410(b) of Public 

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

3 $3,300,000 may be advanced in a lump sum to the Na4 tional Forest Foundation to aid conservation partnership 

5 projects in support of the Forest Service mission, without 

6 regard to when the Foundation incurs expenses, for ad7 ministrative expenses or projects on or benefitting Na8 tional Forest System lands or related to Forest Service 

9 programs: Provided, That of the Federal funds made 

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

11 Forest Service Centennial activities and, of the total avail12 able to the Foundation, no more than $350,000 shall be 

13 available for administrative expenses: Provided further, 

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

15 of Federal financial assistance, private contributions to 

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

17 by the Forest Service: Provided further, That the Founda18 tion may transfer Federal funds to a non-Federal recipient 

19 for a project at the same rate that the recipient has ob20 tained the non-Federal matching funds: Provided further, 

21 That authorized investments of Federal funds held by the 

22 Foundation may be made only in interest-bearing obliga23 tions of the United States or in obligations guaranteed as 

24 to both principal and interest by the United States. 
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1 Pursuant to section 2(b)(2) of Public Law 98–244, 

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

3 shall be available for matching funds to the National Fish 

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

5 3701–3709, and may be advanced in a lump sum to aid 

6 conservation partnership projects in support of the Forest 

7 Service mission, without regard to when expenses are in8 curred, for projects on or benefitting National Forest Sys9 tem lands or related to Forest Service programs: Provided, 

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

11 of Federal financial assistance, private contributions to 

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

13 Forest Service: Provided further, That the Foundation 

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

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

16 the non-Federal matching funds. 

17 Funds appropriated to the Forest Service shall be 

18 available for interactions with and providing technical as19 sistance to rural communities for sustainable rural devel20 opment purposes. 

21 Funds appropriated to the Forest Service shall be 

22 available for payments to counties within the Columbia 

23 River Gorge National Scenic Area, pursuant to sections 

24 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 

25 663. 
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1 Notwithstanding any other provision of law, any ap2 propriations or funds available to the Forest Service not 

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

4 of the General Counsel (OGC), Department of Agri5 culture, for travel and related expenses incurred as a re6 sult of OGC assistance or participation requested by the 

7 Forest Service at meetings, training sessions, management 

8 reviews, land purchase negotiations and similar non-litiga9 tion related matters. Future budget justifications for both 

10 the Forest Service and the Department of Agriculture 

11 should clearly display the sums previously transferred and 

12 the requested funding transfers. 

13 Any appropriations or funds available to the Forest 

14 Service may be used for necessary expenses in the event 

15 of law enforcement emergencies as necessary to protect 

16 natural resources and public or employee safety: Provided, 

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

18 For each fiscal year through 2009, the Secretary of 

19 Agriculture may transfer or reimburse funds available to 

20 the Forest Service, not to exceed $15,000,000, to the Sec21 retary of the Interior or the Secretary of Commerce to 

22 expedite conferencing and consultations as required under 

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

24 The amount of the transfer or reimbursement shall be as 

25 mutually agreed by the Secretary of Agriculture and the 
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1 Secretary of the Interior or Secretary of Commerce, as 

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

3 exceed the actual costs of consultation and conferencing. 

4 An eligible individual who is employed in any project 

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

6 (42 U.S.C. 3056 et seq.) and administered by the Forest 

7 Service shall be considered to be a Federal employee for 

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

9 Any funds appropriated to the Forest Service may 

10 be used to meet the non-Federal share requirement in sec11 tion 502(c) of the Older American Act of 1965 (42 U.S.C. 

12 3056(c)(2)). 

13 DEPARTMENT OF ENERGY 

14 CLEAN COAL TECHNOLOGY

15 (DEFERRAL)

16 Of the funds made available under this heading for 

17 obligation in prior years, $237,000,000 shall not be avail18 able until October 1, 2005, Provided, That funds made 

19 available in previous appropriations Acts shall be available 

20 for any ongoing project regardless of the separate request 

21 for proposal under which the project was selected: Pro22 vided further, That of the funds made available in prior 

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

24 shall be available in fiscal year 2005 for FutureGen, with25 out regard to the terms and conditions applicable to clean 
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1 coal technology projects: Provided further, That the initial 

2 planning and research stages of the FutureGen project 

3 shall include a matching requirement from non-Federal 

4 sources of at least 20 percent of the costs: Provided fur5 ther, That any demonstration component of such project 

6 shall include a matching requirement from non-Federal 

7 sources of at least 50 percent of the costs of the compo8 nent. 

9 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

10 For necessary expenses in carrying out fossil energy 

11 research and development activities, under the authority 

12 of the Department of Energy Organization Act (Public 

13 Law 95–91), including the acquisition of interest, includ14 ing defeasible and equitable interests in any real property 

15 or any facility or for plant or facility acquisition or expan16 sion, and for conducting inquiries, technological investiga17 tions and research concerning the extraction, processing, 

18 use, and disposal of mineral substances without objection19 able social and environmental costs (30 U.S.C. 3, 1602, 

20 and 1603), $601,875,000, to remain available until ex21 pended, of which $4,000,000 is to continue a multi-year 

22 project for construction, renovation, furnishing, and demo23 lition or removal of buildings at National Energy Tech24 nology Laboratory facilities in Morgantown, West Virginia 

25 and Pittsburgh, Pennsylvania; and of which $105,000,000 
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1 is available, after coordination with the private sector, for 

2 a request for proposals for a Clean Coal Power Initiative 

3 providing for competitively-awarded research, develop4 ment, and demonstration projects to reduce the barriers 

5 to continued and expanded coal use: Provided further, 

6 That no project may be selected for which sufficient fund7 ing is not available to provide for the total project: Pro8 vided further, That funds shall be expended in accordance 

9 with the provisions governing the use of funds contained 

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

11 5903d: Provided further, That the Department may in12 clude provisions for repayment of Government contribu13 tions to individual projects in an amount up to the Govern14 ment contribution to the project on terms and conditions 

15 that are acceptable to the Department including repay16 ments from sale and licensing of technologies from both 

17 domestic and foreign transactions: Provided further, That 

18 such repayments shall be retained by the Department for 

19 future coal-related research, development and demonstra20 tion projects: Provided further, That any technology se21 lected under this program shall be considered a Clean Coal 

22 Technology, and any project selected under this program 

23 shall be considered a Clean Coal Technology Project, for 

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

25 and 60 of title 40 of the Code of Federal Regulations: 
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1 Provided further, That no part of the sum herein made 

2 available shall be used for the field testing of nuclear ex3 plosives in the recovery of oil and gas: Provided further, 

4 That up to 4 percent of program direction funds available 

5 to the National Energy Technology Laboratory may be 

6 used to support Department of Energy activities not in7 cluded in this account. 

8 NAVAL PETROLEUM AND OIL SHALE RESERVES

9 For expenses necessary to carry out naval petroleum 

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

11 available until expended: Provided, That, notwithstanding 

12 any other provision of law, unobligated funds remaining 

13 from prior years shall be available for all naval petroleum 

14 and oil shale reserve activities. 

15 ELK HILLS SCHOOL LANDS FUND

16 For necessary expenses in fulfilling installment pay17 ments under the Settlement Agreement entered into by 

18 the United States and the State of California on October 

19 11, 1996, as authorized by section 3415 of Public Law 

20 104–106, $36,000,000, to become available on October 1, 

21 2005 for payment to the State of California for the State 

22 Teachers’ Retirement Fund from the Elk Hills School 

23 Lands Fund. 
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1 ENERGY CONSERVATION

2 For necessary expenses in carrying out energy con3 servation activities, $656,071,000, to remain available 

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

5 energy program grants. 

6 STRATEGIC PETROLEUM RESERVE

7 For necessary expenses for Strategic Petroleum Re8 serve facility development and operations and program 

9 management activities pursuant to the Energy Policy and 

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

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

12 NORTHEAST HOME HEATING OIL RESERVE

13 For necessary expenses for Northeast Home Heating 

14 Oil Reserve storage, operations, and management activi15 ties pursuant to the Energy Policy and Conservation Act 

16 of 2000, $5,000,000, to remain available until expended. 

17 ENERGY INFORMATION ADMINISTRATION

18 For necessary expenses in carrying out the activities 

19 of the Energy Information Administration, $85,000,000, 

20 to remain available until expended. 

21 ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

22 Appropriations under this Act for the current fiscal 

23 year shall be available for hire of passenger motor vehicles; 

24 hire, maintenance, and operation of aircraft; purchase, re25 pair, and cleaning of uniforms; and reimbursement to the 
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1 General Services Administration for security guard serv2 ices. 

3 From appropriations under this Act, transfers of 

4 sums may be made to other agencies of the Government 

5 for the performance of work for which the appropriation 

6 is made. 

7 None of the funds made available to the Department 

8 of Energy under this Act shall be used to implement or 

9 finance authorized price support or loan guarantee pro10 grams unless specific provision is made for such programs 

11 in an appropriations Act. 

12 The Secretary is authorized to accept lands, build13 ings, equipment, and other contributions from public and 

14 private sources and to prosecute projects in cooperation 

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

16 Provided, That revenues and other moneys received by or 

17 for the account of the Department of Energy or otherwise 

18 generated by sale of products in connection with projects 

19 of the Department appropriated under this Act may be 

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

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

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

23 in appropriate cost-sharing contracts or agreements: Pro24 vided further, That the remainder of revenues after the 

25 making of such payments shall be covered, into the Treas-
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1 ury as miscellaneous receipts: Provided further, That any 

2 contract, agreement, or provision thereof entered into by 

3 the Secretary pursuant to this authority shall not be exe4 cuted prior to the expiration of 30 calendar days (not in5 cluding any day in which either House of Congress is not 

6 in session because of adjournment of more than 3 calendar 

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

8 of the House of Representatives and the President of the 

9 Senate of a full comprehensive report on such project, in10 cluding the facts and circumstances relied upon in support 

11 of the proposed project. 

12 No funds provided in this Act may be expended by 

13 the Department of Energy to prepare, issue, or process 

14 procurement documents for programs or projects for 

15 which appropriations have not been made. 

16 In addition to other authorities set forth in this Act, 

17 the Secretary may accept fees and contributions from pub18 lic and private sources, to be deposited in a contributed 

19 funds account, and prosecute projects using such fees and 

20 contributions in cooperation with other Federal, State or 

21 private agencies or concerns. 
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1 DEPARTMENT OF HEALTH AND HUMAN 

2 SERVICES 

3 INDIAN HEALTH SERVICE

4 INDIAN HEALTH SERVICES

5 For expenses necessary to carry out the Act of Au6 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina7 tion Act, the Indian Health Care Improvement Act, and 

8 titles II and III of the Public Health Service Act with re9 spect to the Indian Health Service, $2,628,322,000, to10 gether with payments received during the fiscal year pur11 suant to 42 U.S.C. 238(b) for services furnished by the 

12 Indian Health Service: Provided, That funds made avail13 able to tribes and tribal organizations through contracts, 

14 grant agreements, or any other agreements or compacts 

15 authorized by the Indian Self-Determination and Edu16 cation Assistance Act of 1975 (25 U.S.C. 450), shall be 

17 deemed to be obligated at the time of the grant or contract 

18 award and thereafter shall remain available to the tribe 

19 or tribal organization without fiscal year limitation: Pro20 vided further, That up to $18,000,000 shall remain avail21 able until expended, for the Indian Catastrophic Health 

22 Emergency Fund: Provided further, That $479,085,000 

23 for contract medical care shall remain available for obliga24 tion until September 30, 2006: Provided further, That of 

25 the funds provided, up to $27,000,000 to remain available 
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1 until expended, shall be used to carry out the loan repay2 ment program under section 108 of the Indian Health 

3 Care Improvement Act: Provided further, That funds pro4 vided in this Act may be used for one-year contracts and 

5 grants which are to be performed in two fiscal years, so 

6 long as the total obligation is recorded in the year for 

7 which the funds are appropriated: Provided further, That 

8 the amounts collected by the Secretary of Health and 

9 Human Services under the authority of title IV of the In10 dian Health Care Improvement Act shall remain available 

11 until expended for the purpose of achieving compliance 

12 with the applicable conditions and requirements of titles 

13 XVIII and XIX of the Social Security Act (exclusive of 

14 planning, design, or construction of new facilities): Pro15 vided further, That funding contained herein, and in any 

16 earlier appropriations Acts for scholarship programs 

17 under the Indian Health Care Improvement Act (25 

18 U.S.C. 1613) shall remain available until expended: Pro19 vided further, That amounts received by tribes and tribal 

20 organizations under title IV of the Indian Health Care Im21 provement Act shall be reported and accounted for and 

22 available to the receiving tribes and tribal organizations 

23 until expended: Provided further, That, notwithstanding 

24 any other provision of law, of the amounts provided herein, 

25 not to exceed $267,398,000 shall be for payments to tribes 
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1 and tribal organizations for contract or grant support 

2 costs associated with contracts, grants, self-governance 

3 compacts or annual funding agreements between the In4 dian Health Service and a tribe or tribal organization pur5 suant to the Indian Self-Determination Act of 1975, as 

6 amended, prior to or during fiscal year 2005, of which 

7 not to exceed $2,500,000 may be used for contract sup8 port costs associated with new or expanded self-determina9 tion contracts, grants, self-governance compacts or annual 

10 funding agreements: Provided further, That funds avail11 able for the Indian Health Care Improvement Fund may 

12 be used, as needed, to carry out activities typically funded 

13 under the Indian Health Facilities account. 

14 INDIAN HEALTH FACILITIES

15 For construction, repair, maintenance, improvement, 

16 and equipment of health and related auxiliary facilities, 

17 including quarters for personnel; preparation of plans, 

18 specifications, and drawings; acquisition of sites, purchase 

19 and erection of modular buildings, and purchases of trail20 ers; and for provision of domestic and community sanita21 tion facilities for Indians, as authorized by section 7 of 

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

23 Self-Determination Act, and the Indian Health Care Im24 provement Act, and for expenses necessary to carry out 

25 such Acts and titles II and III of the Public Health Serv-
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1 ice Act with respect to environmental health and facilities 

2 support activities of the Indian Health Service, 

3 $405,048,000, to remain available until expended: Pro4 vided, That notwithstanding any other provision of law, 

5 funds appropriated for the planning, design, construction 

6 or renovation of health facilities for the benefit of an In7 dian tribe or tribes may be used to purchase land for sites 

8 to construct, improve, or enlarge health or related facili9 ties: Provided further, That not to exceed $500,000 shall 

10 be used by the Indian Health Service to purchase 

11 TRANSAM equipment from the Department of Defense 

12 for distribution to the Indian Health Service and tribal 

13 facilities: Provided further, That none of the funds appro14 priated to the Indian Health Service may be used for sani15 tation facilities construction for new homes funded with 

16 grants by the housing programs of the United States De17 partment of Housing and Urban Development: Provided 

18 further, That not to exceed $1,000,000 from this account 

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

20 by the Indian Health Service to obtain ambulances for the 

21 Indian Health Service and tribal facilities in conjunction 

22 with an existing interagency agreement between the In23 dian Health Service and the General Services Administra24 tion: Provided further, That not to exceed $500,000 shall 

25 be placed in a Demolition Fund, available until expended, 
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1 to be used by the Indian Health Service for demolition 

2 of Federal buildings: Provided further, That up to 

3 $2,700,000 may be used for the purchase of up to 27 acres 

4 at two sites for the construction of the northern and 

5 southern California Youth Regional Treatment Centers 

6 subject to advance approval from the House and Senate 

7 Committees on Appropriations. 

8 ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

9 Appropriations in this Act to the Indian Health Serv10 ice shall be available for services as authorized by 5 U.S.C. 

11 3109 but at rates not to exceed the per diem rate equiva12 lent to the maximum rate payable for senior-level positions 

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

14 aircraft; purchase of medical equipment; purchase of re15 prints; purchase, renovation and erection of modular 

16 buildings and renovation of existing facilities; payments 

17 for telephone service in private residences in the field, 

18 when authorized under regulations approved by the Sec19 retary; and for uniforms or allowances therefor as author20 ized by 5 U.S.C. 5901–5902; and for expenses of attend21 ance at meetings which are concerned with the functions 

22 or activities for which the appropriation is made or which 

23 will contribute to improved conduct, supervision, or man24 agement of those functions or activities. 
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1 In accordance with the provisions of the Indian 

2 Health Care Improvement Act, non-Indian patients may 

3 be extended health care at all tribally administered or In4 dian Health Service facilities, subject to charges, and the 

5 proceeds along with funds recovered under the Federal 

6 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall 

7 be credited to the account of the facility providing the 

8 service and shall be available without fiscal year limitation. 

9 Notwithstanding any other law or regulation, funds trans10 ferred from the Department of Housing and Urban Devel11 opment to the Indian Health Service shall be administered 

12 under Public Law 86–121 (the Indian Sanitation Facili13 ties Act) and Public Law 93–638, as amended. 

14 Funds appropriated to the Indian Health Service in 

15 this Act, except those used for administrative and program 

16 direction purposes, shall not be subject to limitations di17 rected at curtailing Federal travel and transportation. 

18 None of the funds made available to the Indian 

19 Health Service in this Act shall be used for any assess20 ments or charges by the Department of Health and 

21 Human Services unless identified in the budget justifica22 tion and provided in this Act, or approved by the House 

23 and Senate Committees on Appropriations through the re24 programming process. Personnel ceilings may not be im25 posed on the Indian Health Service nor may any action 
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1 be taken to reduce the full time equivalent level of the 

2 Indian Health Service below the level in fiscal year 2002 

3 adjusted upward for the staffing of new and expanded fa4 cilities, funding provided for staffing at the Lawton, Okla5 homa hospital in fiscal years 2003 and 2004, critical posi6 tions not filled in fiscal year 2002, and staffing necessary 

7 to carry out the intent of Congress with regard to program 

8 increases. 

9 Notwithstanding any other provision of law, funds 

10 previously or herein made available to a tribe or tribal or11 ganization through a contract, grant, or agreement au12 thorized by title I or title III or title V of the Indian Self13 Determination and Education Assistance Act of 1975 (25 

14 U.S.C. 450), may be deobligated and reobligated to a self15 determination contract under title I, or a self-governance 

16 agreement under title V of such Act and thereafter shall 

17 remain available to the tribe or tribal organization without 

18 fiscal year limitation. 

19 None of the funds made available to the Indian 

20 Health Service in this Act shall be used to implement the 

21 final rule published in the Federal Register on September 

22 16, 1987, by the Department of Health and Human Serv23 ices, relating to the eligibility for the health care services 

24 of the Indian Health Service until the Indian Health Serv25 ice has submitted a budget request reflecting the increased 
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1 costs associated with the proposed final rule, and such re2 quest has been included in an appropriations Act and en3 acted into law. 

4 With respect to functions transferred by the Indian 

5 Health Service to tribes or tribal organizations, the Indian 

6 Health Service is authorized to provide goods and services 

7 to those entities, on a reimbursable basis, including pay8 ment in advance with subsequent adjustment. The reim9 bursements received therefrom, along with the funds re10 ceived from those entities pursuant to the Indian Self-De11 termination Act, may be credited to the same or subse12 quent appropriation account which provided the funding. 

13 Such amounts shall remain available until expended. 

14 Reimbursements for training, technical assistance, or 

15 services provided by the Indian Health Service will contain 

16 total costs, including direct, administrative, and overhead 

17 associated with the provision of goods, services, or tech18 nical assistance. 

19 The Indian Health Service may purchase 8.5 acres 

20 of land for expansion of parking facilities at the W.W. 

21 Hastings hospital in Tahlequah, Oklahoma using third 

22 party collections subject to advance approval from the 

23 House and Senate Committees on Appropriations. 
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1 The appropriation structure for the Indian Health 

2 Service may not be altered without advance approval of 

3 the House and Senate Committees on Appropriations. 

4 OTHER RELATED AGENCIES 

5 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of Navajo and 

8 Hopi Indian Relocation as authorized by Public Law 93– 

9 531, $11,000,000, to remain available until expended: 

10 Provided, That funds provided in this or any other appro11 priations Act are to be used to relocate eligible individuals 

12 and groups including evictees from District 6, Hopi-parti13 tioned lands residents, those in significantly substandard 

14 housing, and all others certified as eligible and not in15 cluded in the preceding categories: Provided further, That 

16 none of the funds contained in this or any other Act may 

17 be used by the Office of Navajo and Hopi Indian Reloca18 tion to evict any single Navajo or Navajo family who, as 

19 of November 30, 1985, was physically domiciled on the 

20 lands partitioned to the Hopi Tribe unless a new or re21 placement home is provided for such household: Provided 

22 further, That no relocatee will be provided with more than 

23 one new or replacement home: Provided further, That the 

24 Office shall relocate any certified eligible relocatees who 

25 have selected and received an approved homesite on the 
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1 Navajo reservation or selected a replacement residence off 

2 the Navajo reservation or on the land acquired pursuant 

3 to 25 U.S.C. 640d–10. 

4 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE

5 CULTURE AND ARTS DEVELOPMENT

6 PAYMENT TO THE INSTITUTE

7 For payment to the Institute of American Indian and 

8 Alaska Native Culture and Arts Development, as author9 ized by title XV of Public Law 99–498, as amended (20 

10 U.S.C. 56 part A), $6,000,000. 

11 SMITHSONIAN INSTITUTION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Smithsonian Institu14 tion, as authorized by law, including research in the fields 

15 of art, science, and history; development, preservation, and 

16 documentation of the National Collections; presentation of 

17 public exhibits and performances; collection, preparation, 

18 dissemination, and exchange of information and publica19 tions; conduct of education, training, and museum assist20 ance programs; maintenance, alteration, operation, lease 

21 (for terms not to exceed 30 years), and protection of build22 ings, facilities, and approaches; not to exceed $100,000 

23 for services as authorized by 5 U.S.C. 3109; up to five 

24 replacement passenger vehicles; purchase, rental, repair, 

25 and cleaning of uniforms for employees, $496,925,000, of 
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1 which not to exceed $11,108,000 for the instrumentation 

2 program, collections acquisition, exhibition reinstallation, 

3 the National Museum of African American History and 

4 Culture, and the repatriation of skeletal remains program 

5 shall remain available until expended; and of which 

6 $1,620,000 for fellowships and scholarly awards shall re7 main available until September 30, 2006; and including 

8 such funds as may be necessary to support American over9 seas research centers and a total of $125,000 for the 

10 Council of American Overseas Research Centers: Provided, 

11 That funds appropriated herein are available for advance 

12 payments to independent contractors performing research 

13 services or participating in official Smithsonian presen14 tations: Provided further, That the Smithsonian Institu15 tion may expend Federal appropriations designated in this 

16 Act for lease or rent payments for long term and swing 

17 space, as rent payable to the Smithsonian Institution, and 

18 such rent payments may be deposited into the general 

19 trust funds of the Institution to the extent that federally 

20 supported activities are housed in the 900 H Street, N.W. 

21 building in the District of Columbia: Provided further, 

22 That this use of Federal appropriations shall not be con23 strued as debt service, a Federal guarantee of, a transfer 

24 of risk to, or an obligation of, the Federal Government: 

25 Provided further, That no appropriated funds may be used 
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1 to service debt which is incurred to finance the costs of 

2 acquiring the 900 H Street building or of planning, de3 signing, and constructing improvements to such building. 

4 FACILITIES CAPITAL

5 For necessary expenses of repair, revitalization, and 

6 alteration of facilities owned or occupied by the Smithso7 nian Institution, by contract or otherwise, as authorized 

8 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 

9 and for construction, including necessary personnel, 

10 $122,900,000, to remain available until expended, of 

11 which not to exceed $10,000 is for services as authorized 

12 by 5 U.S.C. 3109: Provided, That contracts awarded for 

13 environmental systems, protection systems, and repair or 

14 restoration of facilities of the Smithsonian Institution may 

15 be negotiated with selected contractors and awarded on 

16 the basis of contractor qualifications as well as price: Pro17 vided further, That balances from amounts previously ap18 propriated under the headings ‘‘Repair, Restoration and 

19 Alteration of Facilities’’ and ‘‘Construction’’ shall be 

20 transferred to and merged with this appropriation and 

21 shall remain until expended. 

22 ADMINISTRATIVE PROVISIONS, SMITHSONIAN

23 INSTITUTION

24 None of the funds in this or any other Act may be 

25 used to make any changes to the existing Smithsonian 
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1 science programs including closure of facilities, relocation 

2 of staff or redirection of functions and programs without 

3 approval from the Board of Regents of recommendations 

4 received from the Science Commission. 

5 None of the funds in this or any other Act may be 

6 used to initiate the design for any proposed expansion of 

7 current space or new facility without consultation with the 

8 House and Senate Appropriations Committees. 

9 None of the funds in this or any other Act may be 

10 used for the Holt House located at the National Zoological 

11 Park in Washington, D.C., unless identified as repairs to 

12 minimize water damage, monitor structure movement, or 

13 provide interim structural support. 

14 None of the funds available to the Smithsonian may 

15 be reprogrammed without the advance written approval of 

16 the House and Senate Committees on Appropriations in 

17 accordance with the reprogramming procedures contained 

18 in the statement of the managers accompanying this Act. 

19 None of the funds in this or any other Act may be 

20 used to purchase any additional buildings without prior 

21 consultation with the House and Senate Committees on 

22 Appropriations. 
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1 NATIONAL GALLERY OF ART

2 SALARIES AND EXPENSES

3 For the upkeep and operations of the National Gal4 lery of Art, the protection and care of the works of art 

5 therein, and administrative expenses incident thereto, as 

6 authorized by the Act of March 24, 1937 (50 Stat. 51), 

7 as amended by the public resolution of April 13, 1939 

8 (Public Resolution 9, Seventy-sixth Congress), including 

9 services as authorized by 5 U.S.C. 3109; payment in ad10 vance when authorized by the treasurer of the Gallery for 

11 membership in library, museum, and art associations or 

12 societies whose publications or services are available to 

13 members only, or to members at a price lower than to the 

14 general public; purchase, repair, and cleaning of uniforms 

15 for guards, and uniforms, or allowances therefor, for other 

16 employees as authorized by law (5 U.S.C. 5901–5902); 

17 purchase or rental of devices and services for protecting 

18 buildings and contents thereof, and maintenance, alter19 ation, improvement, and repair of buildings, approaches, 

20 and grounds; and purchase of services for restoration and 

21 repair of works of art for the National Gallery of Art by 

22 contracts made, without advertising, with individuals, 

23 firms, or organizations at such rates or prices and under 

24 such terms and conditions as the Gallery may deem prop25 er, $93,000,000, of which not to exceed $3,026,000 for 
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1 the special exhibition program shall remain available until 

2 expended. 

3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

4 For necessary expenses of repair, restoration and 

5 renovation of buildings, grounds and facilities owned or 

6 occupied by the National Gallery of Art, by contract or 

7 otherwise, as authorized, $11,100,000, to remain available 

8 until expended: Provided, That contracts awarded for envi9 ronmental systems, protection systems, and exterior repair 

10 or renovation of buildings of the National Gallery of Art 

11 may be negotiated with selected contractors and awarded 

12 on the basis of contractor qualifications as well as price. 

13 JOHN F. KENNEDY CENTER FOR THE PERFORMING

14 ARTS

15 OPERATIONS AND MAINTENANCE

16 For necessary expenses for the operation, mainte17 nance and security of the John F. Kennedy Center for 

18 the Performing Arts, $17,152,000. 

19 JOHN F. KENNEDY CENTER FOR THE PERFORMING

20 ARTS

21 CONSTRUCTION

22 For necessary expenses for capital repair and restora23 tion of the existing features of the building and site of 

24 the John F. Kennedy Center for the Performing Arts, 

25 $10,000,000, to remain available until expended. 
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1 WOODROW WILSON INTERNATIONAL CENTER FOR

2 SCHOLARS

3 SALARIES AND EXPENSES

4 For expenses necessary in carrying out the provisions 

5 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 

6 1356) including hire of passenger vehicles and services as 

7 authorized by 5 U.S.C. 3109, $8,987,000. 

8 NATIONAL FOUNDATION ON THE ARTS AND THE

9 HUMANITIES

10 NATIONAL ENDOWMENT FOR THE ARTS

11 GRANTS AND ADMINISTRATION

12 For necessary expenses to carry out the National 

13 Foundation on the Arts and the Humanities Act of 1965, 

14 as amended, $120,972,000, shall be available to the Na15 tional Endowment for the Arts for the support of projects 

16 and productions in the arts through assistance to organi17 zations and individuals pursuant to sections 5(c) and 5(g) 

18 of the Act, including $22,000,000 for support of arts edu19 cation and public outreach activities through the Chal20 lenge America program, for program support, and for ad21 ministering the functions of the Act, to remain available 

22 until expended: Provided, That funds previously appro23 priated to the National Endowment for the Arts ‘‘Match24 ing Grants’’ account and ‘‘Challenge America’’ account 

25 may be transferred to and merged with this account. 
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1 NATIONAL ENDOWMENT FOR THE HUMANITIES

2 GRANTS AND ADMINISTRATION

3 For necessary expenses to carry out the National 

4 Foundation on the Arts and the Humanities Act of 1965, 

5 as amended, $122,377,000, shall be available to the Na6 tional Endowment for the Humanities for support of ac7 tivities in the humanities, pursuant to section 7(c) of the 

8 Act, and for administering the functions of the Act, to 

9 remain available until expended. 

10 MATCHING GRANTS

11 To carry out the provisions of section 10(a)(2) of the 

12 National Foundation on the Arts and the Humanities Act 

13 of 1965, as amended, $16,122,000, to remain available 

14 until expended, of which $10,436,000 shall be available 

15 to the National Endowment for the Humanities for the 

16 purposes of section 7(h): Provided, That this appropria17 tion shall be available for obligation only in such amounts 

18 as may be equal to the total amounts of gifts, bequests, 

19 and devises of money, and other property accepted by the 

20 chairman or by grantees of the Endowment under the pro21 visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 

22 the current and preceding fiscal years for which equal 

23 amounts have not previously been appropriated. 

24 ADMINISTRATIVE PROVISIONS

25 None of the funds appropriated to the National 

26 Foundation on the Arts and the Humanities may be used 
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1 to process any grant or contract documents which do not 

2 include the text of 18 U.S.C. 1913: Provided, That none 

3 of the funds appropriated to the National Foundation on 

4 the Arts and the Humanities may be used for official re5 ception and representation expenses: Provided further, 

6 That funds from nonappropriated sources may be used as 

7 necessary for official reception and representation ex8 penses: Provided further, That the Chairperson of the Na9 tional Endowment for the Arts may approve grants up to 

10 $10,000, if in the aggregate this amount does not exceed 

11 5 percent of the sums appropriated for grant-making pur12 poses per year: Provided further, That such small grant 

13 actions are taken pursuant to the terms of an expressed 

14 and direct delegation of authority from the National Coun15 cil on the Arts to the Chairperson. 

16 COMMISSION OF FINE ARTS

17 SALARIES AND EXPENSES

18 For expenses made necessary by the Act establishing 

19 a Commission of Fine Arts (40 U.S.C. 104), $1,793,000: 

20 Provided, That the Commission is authorized to charge 

21 fees to cover the full costs of its publications, and such 

22 fees shall be credited to this account as an offsetting col23 lection, to remain available until expended without further 

24 appropriation. 
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1 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

2 For necessary expenses as authorized by Public Law 

3 99–190 (20 U.S.C. 956(a)), as amended, $7,000,000. 

4 ADVISORY COUNCIL ON HISTORIC PRESERVATION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Advisory Council on 

7 Historic Preservation (Public Law 89–665, as amended), 

8 $4,600,000: Provided, That none of these funds shall be 

9 available for compensation of level V of the Executive 

10 Schedule or higher positions. 

11 NATIONAL CAPITAL PLANNING COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses, as authorized by the Na14 tional Capital Planning Act of 1952 (40 U.S.C. 71–71i), 

15 including services as authorized by 5 U.S.C. 3109, 

16 $7,999,000: Provided, That one-quarter of one percent of 

17 the funds provided under this heading may be used for 

18 official reception and representational expenses to host 

19 international visitors engaged in the planning and physical 

20 development of world capitals. 

21 UNITED STATES HOLOCAUST MEMORIAL MUSEUM

22 HOLOCAUST MEMORIAL MUSEUM

23 For expenses of the Holocaust Memorial Museum, as 

24 authorized by Public Law 106–292 (36 U.S.C. 2301– 

25 2310), $41,433,000, of which $1,900,000 for the muse-
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1 um’s repair and rehabilitation program and $1,264,000 

2 for the museum’s exhibitions program shall remain avail3 able until expended. 

4 PRESIDIO TRUST

5 PRESIDIO TRUST FUND

6 For necessary expenses to carry out title I of the Om7 nibus Parks and Public Lands Management Act of 1996, 

8 $20,000,000 shall be available to the Presidio Trust, to 

9 remain available until expended. 

10 TITLE III—GENERAL PROVISIONS 

11 SEC. 301. The expenditure of any appropriation 

12 under this Act for any consulting service through procure13 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

14 to those contracts where such expenditures are a matter 

15 of public record and available for public inspection, except 

16 where otherwise provided under existing law, or under ex17 isting Executive order issued pursuant to existing law. 

18 SEC. 302. No part of any appropriation contained in 

19 this Act shall be available for any activity or the publica20 tion or distribution of literature that in any way tends to 

21 promote public support or opposition to any legislative 

22 proposal on which congressional action is not complete. 

23 SEC. 303. No part of any appropriation contained in 

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 
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1 SEC. 304. None of the funds provided in this Act to 

2 any department or agency shall be obligated or expended 

3 to provide a personal cook, chauffeur, or other personal 

4 servants to any officer or employee of such department 

5 or agency except as otherwise provided by law. 

6 SEC. 305. No assessments may be levied against any 

7 program, budget activity, subactivity, or project funded by 

8 this Act unless notice of such assessments and the basis 

9 therefor are presented to the Committees on Appropria10 tions and are approved by such committees. 

11 SEC. 306. None of the funds in this Act may be used 

12 to plan, prepare, or offer for sale timber from trees classi13 fied as giant sequoia (Sequoiadendron giganteum) which 

14 are located on National Forest System or Bureau of Land 

15 Management lands in a manner different than such sales 

16 were conducted in fiscal year 2004. 

17 SEC. 307. (a) LIMITATION OF FUNDS.—None of the 

18 funds appropriated or otherwise made available pursuant 

19 to this Act shall be obligated or expended to accept or 

20 process applications for a patent for any mining or mill 

21 site claim located under the general mining laws. 

22 (b) EXCEPTIONS.—The provisions of subsection (a) 

23 shall not apply if the Secretary of the Interior determines 

24 that, for the claim concerned: (1) a patent application was 

25 filed with the Secretary on or before September 30, 1994; 
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1 and (2) all requirements established under sections 2325 

2 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 

3 for vein or lode claims and sections 2329, 2330, 2331, 

4 and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 

5 37) for placer claims, and section 2337 of the Revised 

6 Statutes (30 U.S.C. 42) for mill site claims, as the case 

7 may be, were fully complied with by the applicant by that 

8 date. 

9 (c) REPORT.—On September 30, 2005, the Secretary 

10 of the Interior shall file with the House and Senate Com11 mittees on Appropriations and the Committee on Re12 sources of the House of Representatives and the Com13 mittee on Energy and Natural Resources of the Senate 

14 a report on actions taken by the Department under the 

15 plan submitted pursuant to section 314(c) of the Depart16 ment of the Interior and Related Agencies Appropriations 

17 Act, 1997 (Public Law 104-208). 

18 (d) MINERAL EXAMINATIONS.—In order to process 

19 patent applications in a timely and responsible manner, 

20 upon the request of a patent applicant, the Secretary of 

21 the Interior shall allow the applicant to fund a qualified 

22 third-party contractor to be selected by the Bureau of 

23 Land Management to conduct a mineral examination of 

24 the mining claims or mill sites contained in a patent appli25 cation as set forth in subsection (b). The Bureau of Land 
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1 Management shall have the sole responsibility to choose 

2 and pay the third-party contractor in accordance with the 

3 standard procedures employed by the Bureau of Land 

4 Management in the retention of third-party contractors. 

5 SEC. 308. Notwithstanding any other provision of 

6 law, amounts appropriated to or earmarked in committee 

7 reports for the Bureau of Indian Affairs and the Indian 

8 Health Service by Public Laws 103–138, 103–332, 104– 

9 134, 104–208, 105–83, 105–277, 106–113, 106–291, 

10 107–63, 108–7, and 108–108 for payments to tribes and 

11 tribal organizations for contract support costs associated 

12 with self-determination or self-governance contracts, 

13 grants, compacts, or annual funding agreements with the 

14 Bureau of Indian Affairs or the Indian Health Service as 

15 funded by such Acts, are the total amounts available for 

16 fiscal years 1994 through 2004 for such purposes, except 

17 that, for the Bureau of Indian Affairs, tribes and tribal 

18 organizations may use their tribal priority allocations for 

19 unmet indirect costs of ongoing contracts, grants, self-gov20 ernance compacts or annual funding agreements. 

21 SEC. 309. Of the funds provided to the National En22 dowment for the Arts— 

23 (1) The Chairperson shall only award a grant 

24 to an individual if such grant is awarded to such in25 dividual for a literature fellowship, National Herit-
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1 age Fellowship, or American Jazz Masters Fellow2 ship. 

3 (2) The Chairperson shall establish procedures 

4 to ensure that no funding provided through a grant, 

5 except a grant made to a State or local arts agency, 

6 or regional group, may be used to make a grant to 

7 any other organization or individual to conduct ac8 tivity independent of the direct grant recipient. 

9 Nothing in this subsection shall prohibit payments 

10 made in exchange for goods and services. 

11 (3) No grant shall be used for seasonal support 

12 to a group, unless the application is specific to the 

13 contents of the season, including identified programs 

14 and/or projects. 

15 SEC. 310. Through fiscal year 2009, the National 

16 Endowment for the Arts and the National Endowment for 

17 the Humanities are authorized to solicit, accept, receive, 

18 and invest in the name of the United States, gifts, be19 quests, or devises of money and other property or services 

20 and to use such in furtherance of the functions of the Na21 tional Endowment for the Arts and the National Endow22 ment for the Humanities. Any proceeds from such gifts, 

23 bequests, or devises, after acceptance by the National En24 dowment for the Arts or the National Endowment for the 

25 Humanities, shall be paid by the donor or the representa-
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1 tive of the donor to the Chairman. The Chairman shall 

2 enter the proceeds in a special interest-bearing account to 

3 the credit of the appropriate endowment for the purposes 

4 specified in each case. 

5 SEC. 311. The section shall apply for fiscal years 

6 2005 through 2009. (a) In providing services or awarding 

7 financial assistance under the National Foundation on the 

8 Arts and the Humanities Act of 1965 from funds appro9 priated under this Act, the Chairperson of the National 

10 Endowment for the Arts shall ensure that priority is given 

11 to providing services or awarding financial assistance for 

12 projects, productions, workshops, or programs that serve 

13 underserved populations. 

14 (b) In this section: 

15 (1) The term ‘‘underserved population’’ means 

16 a population of individuals, including urban minori17 ties, who have historically been outside the purview 

18 of arts and humanities programs due to factors such 

19 as a high incidence of income below the poverty line 

20 or to geographic isolation. 

21 (2) The term ‘‘poverty line’’ means the poverty 

22 line (as defined by the Office of Management and 

23 Budget, and revised annually in accordance with sec24 tion 673(2) of the Community Services Block Grant 
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1 Act (42 U.S.C. 9902(2)) applicable to a family of 

2 the size involved. 

3 (c) In providing services and awarding financial as4 sistance under the National Foundation on the Arts and 

5 Humanities Act of 1965 with funds appropriated by this 

6 Act, the Chairperson of the National Endowment for the 

7 Arts shall ensure that priority is given to providing serv8 ices or awarding financial assistance for projects, produc9 tions, workshops, or programs that will encourage public 

10 knowledge, education, understanding, and appreciation of 

11 the arts. 

12 (d) With funds appropriated by this Act to carry out 

13 section 5 of the National Foundation on the Arts and Hu14 manities Act of 1965— 

15 (1) the Chairperson shall establish a grant cat16 egory for projects, productions, workshops, or pro17 grams that are of national impact or availability or 

18 are able to tour several States; 

19 (2) the Chairperson shall not make grants ex20 ceeding 15 percent, in the aggregate, of such funds 

21 to any single State, excluding grants made under the 

22 authority of paragraph (1); 

23 (3) the Chairperson shall report to the Con24 gress annually and by State, on grants awarded by 
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1 the Chairperson in each grant category under sec2 tion 5 of such Act; and 

3 (4) the Chairperson shall encourage the use of 

4 grants to improve and support community-based 

5 music performance and education. 

6 SEC. 312. No part of any appropriation contained in 

7 this Act shall be expended or obligated to complete and 

8 issue the 5-year program under the Forest and Rangeland 

9 Renewable Resources Planning Act. 

10 SEC. 313. None of the funds in this Act may be used 

11 to support Government-wide administrative functions un12 less such functions are justified in the budget process and 

13 funding is approved by the House and Senate Committees 

14 on Appropriations. 

15 SEC. 314. Notwithstanding any other provision of 

16 law, for fiscal year 2005 the Secretaries of Agriculture and 

17 the Interior are authorized to limit competition for water18 shed restoration project contracts as part of the ‘‘Jobs in 

19 the Woods’’ Program established in Region 10 of the For20 est Service to individuals and entities in historically tim21 ber-dependent areas in the States of Washington, Oregon, 

22 northern California, Idaho, Montana, and Alaska that 

23 have been affected by reduced timber harvesting on Fed24 eral lands. The Secretaries shall consider the benefits to 

25 the local economy in evaluating bids and designing pro-
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1 curements which create economic opportunities for local 

2 contractors. 

3 SEC. 315. Amounts deposited during fiscal year 2004 

4 in the roads and trails fund provided for in the 14th para5 graph under the heading ‘‘FOREST SERVICE’’ of the 

6 Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall 

7 be used by the Secretary of Agriculture, without regard 

8 to the State in which the amounts were derived, to repair 

9 or reconstruct roads, bridges, and trails on National For10 est System lands or to carry out and administer projects 

11 to improve forest health conditions, which may include the 

12 repair or reconstruction of roads, bridges, and trails on 

13 National Forest System lands in the wildland-community 

14 interface where there is an abnormally high risk of fire. 

15 The projects shall emphasize reducing risks to human 

16 safety and public health and property and enhancing eco17 logical functions, long-term forest productivity, and bio18 logical integrity. The projects may be completed in a sub19 sequent fiscal year. Funds shall not be expended under 

20 this section to replace funds which would otherwise appro21 priately be expended from the timber salvage sale fund. 

22 Nothing in this section shall be construed to exempt any 

23 project from any environmental law. 

24 SEC. 316. Other than in emergency situations, none 

25 of the funds in this Act may be used to operate telephone 
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1 answering machines during core business hours unless 

2 such answering machines include an option that enables 

3 callers to reach promptly an individual on-duty with the 

4 agency being contacted. 

5 SEC. 317. Section 3 of the Act of June 9, 1930 (com6 monly known as the Knutson-Vandenberg Act; 16 U.S.C. 

7 576b), is amended— 

8 (1) by striking ‘‘The Secretary of Agriculture 

9 may, when in his’’ and inserting ‘‘(a) The Secretary 

10 of Agriculture may, when in his or her’’; 

11 (2) by striking ‘‘Such deposits’’ and inserting 

12 the following: ‘‘Each of these 4 purposes shall be of 

13 equal priority. 

14 ‘‘(b) Amounts deposited under subsection (a)’’; 

15 (3) by striking ‘‘may direct:’’ and all that fol16 lows through ‘‘That the Secretary of Agriculture’’ 

17 and inserting ‘‘may direct. The Secretary of Agri18 culture’’; and 

19 (4) by adding at the end the following new sub20 section: 

21 ‘‘(c) Any portion of the balance at the end of a fiscal 

22 year in the special fund established pursuant to this sec23 tion that the Secretary of Agriculture determines to be 

24 in excess of the cost of doing work described in subsection 

25 (a) (as well as any portion of the balance in the special 
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1 fund that the Secretary determined, before October 1, 

2 2004, to be excess of the cost of doing work described in 

3 subsection (a), but which has not been transferred by that 

4 date) shall be transferred to miscellaneous receipts, Na5 tional Forest Fund, as a National Forest receipt, but only 

6 if the Secretary also determines that— 

7 ‘‘(1) the excess amounts will not be needed for 

8 emergency wildfire suppression during the fiscal year 

9 in which the transfer would be made; and 

10 ‘‘(2) the amount to be transferred to miscella11 neous receipts, National Forest Fund, exceeds the 

12 outstanding balance of unreimbursed funds trans13 ferred from the special fund in prior fiscal years for 

14 wildfire suppression.’’. 

15 SEC. 318. A project undertaken by the Forest Service 

16 under the Recreation Fee Demonstration Program as au17 thorized by section 315 of the Department of the Interior 

18 and Related Agencies Appropriations Act for Fiscal Year 

19 1996, as amended, shall not result in— 

20 (1) displacement of the holder of an authoriza21 tion to provide commercial recreation services on 

22 Federal lands. Prior to initiating any project, the 

23 Secretary shall consult with potentially affected 

24 holders to determine what impacts the project may 

25 have on the holders. Any modifications to the au-
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1 thorization shall be made within the terms and con2 ditions of the authorization and authorities of the 

3 impacted agency; and 

4 (2) the return of a commercial recreation serv5 ice to the Secretary for operation when such services 

6 have been provided in the past by a private sector 

7 provider, except when— 

8 (A) the private sector provider fails to bid 

9 on such opportunities; 

10 (B) the private sector provider terminates 

11 its relationship with the agency; or 

12 (C) the agency revokes the permit for non13 compliance with the terms and conditions of the 

14 authorization. 

15 In such cases, the agency may use the Recreation Fee 

16 Demonstration Program to provide for operations until a 

17 subsequent operator can be found through the offering of 

18 a new prospectus. 

19 SEC. 319. Prior to October 1, 2005, the Secretary 

20 of Agriculture shall not be considered to be in violation 

21 of subparagraph 6(f)(5)(A) of the Forest and Rangeland 

22 Renewable Resources Planning Act of 1974 (16 U.S.C. 

23 1604(f)(5)(A)) solely because more than 15 years have 

24 passed without revision of the plan for a unit of the Na25 tional Forest System. Nothing in this section exempts the 
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1 Secretary from any other requirement of the Forest and 

2 Rangeland Renewable Resources Planning Act (16 U.S.C. 

3 1600 et seq.) or any other law: Provided, That if the Sec4 retary is not acting expeditiously and in good faith, within 

5 the funding available, to revise a plan for a unit of the 

6 National Forest System, this section shall be void with re7 spect to such plan and a court of proper jurisdiction may 

8 order completion of the plan on an accelerated basis. 

9 SEC. 320. No funds provided in this Act may be ex10 pended to conduct preleasing, leasing and related activities 

11 under either the Mineral Leasing Act (30 U.S.C. 181 et 

12 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 

13 1331 et seq.) within the boundaries of a National Monu14 ment established pursuant to the Act of June 8, 1906 (16 

15 U.S.C. 431 et seq.) as such boundary existed on January 

16 20, 2001, except where such activities are allowed under 

17 the Presidential proclamation establishing such monu18 ment. 

19 SEC. 321. Extension of Forest Service Conveyances 

20 Pilot Program.—Section 329 of the Department of the In21 terior and Related Agencies Appropriations Act, 2002 (16 

22 U.S.C. 580d note; Public Law 107–63) is amended— 

23 (1) in subsection (b), by striking ‘‘30’’ and in24 serting ‘‘40’’; 
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1 (2) in subsection (c) by striking ‘‘8’’ and insert2 ing ‘‘13’’; and 

3 (3) in subsection (d), by striking ‘‘2006’’ and 

4 inserting ‘‘2008’’. 

5 SEC. 322. Employees of the foundations established 

6 by Acts of Congress to solicit private sector funds on be7 half of Federal land management agencies shall, hereafter, 

8 qualify for General Service Administration contract air9 fares. 

10 SEC. 323. In entering into agreements with foreign 

11 countries pursuant to the Wildfire Suppression Assistance 

12 Act (42 U.S.C. 1856m) the Secretary of Agriculture and 

13 the Secretary of the Interior are authorized to enter into 

14 reciprocal agreements in which the individuals furnished 

15 under said agreements to provide wildfire services are con16 sidered, for purposes of tort liability, employees of the 

17 country receiving said services when the individuals are 

18 engaged in fire suppression: Provided, That the Secretary 

19 of Agriculture or the Secretary of the Interior shall not 

20 enter into any agreement under this provision unless the 

21 foreign country (either directly or through its fire organi22 zation) agrees to assume any and all liability for the acts 

23 or omissions of American firefighters engaged in fire24 fighting in a foreign country: Provided further, That when 

25 an agreement is reached for furnishing fire fighting serv-
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1 ices, the only remedies for acts or omissions committed 

2 while fighting fires shall be those provided under the laws 

3 of the host country, and those remedies shall be the exclu4 sive remedies for any claim arising out of fighting fires 

5 in a foreign country: Provided further, That neither the 

6 sending country nor any legal organization associated with 

7 the firefighter shall be subject to any legal action whatso8 ever pertaining to or arising out of the firefighter’s role 

9 in fire suppression. 

10 SEC. 324. Notwithstanding any other provision of law 

11 or regulation, to promote the more efficient use of the 

12 health care funding allocation for fiscal year 2005, the 

13 Eagle Butte Service Unit of the Indian Health Service, 

14 at the request of the Cheyenne River Sioux Tribe, may 

15 pay base salary rates to health professionals up to the 

16 highest grade and step available to a physician, phar17 macist, or other health professional and may pay a recruit18 ment or retention bonus of up to 25 percent above the 

19 base pay rate. 

20 SEC. 325. None of the funds made available in this 

21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government except 

23 pursuant to a transfer made by, or transfer authority pro24 vided in, this Act or any other appropriations Act. 
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1 SEC. 326. None of the funds in this Act may be used 

2 to prepare or issue a permit or lease for oil or gas drilling 

3 in the Finger Lakes National Forest, New York, during 

4 fiscal year 2005. 

5 SEC. 327. None of the funds made available in this 

6 Act may be used for the planning, design, or construction 

7 of improvements to Pennsylvania Avenue in front of the 

8 White House without the advance approval of the Commit9 tees on Appropriations. 

10 SEC. 328. In awarding a Federal Contract with funds 

11 made available by this Act, the Secretary of Agriculture 

12 and the Secretary of the Interior (the ‘‘Secretaries’’) may, 

13 in evaluating bids and proposals, give consideration to 

14 local contractors who are from, and who provide employ15 ment and training for, dislocated and displaced workers 

16 in an economically disadvantaged rural community, in17 cluding those historically timber-dependent areas that 

18 have been affected by reduced timber harvesting on Fed19 eral lands and other forest-dependent rural communities 

20 isolated from significant alternative employment opportu21 nities: Provided, That the Secretaries may award grants 

22 or cooperative agreements to local non-profit entities, 

23 Youth Conservation Corps or related partnerships with 

24 State, local or non-profit youth groups, or small or dis25 advantaged business: Provided further, That the contract, 
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1 grant, or cooperative agreement is for forest hazardous 

2 fuels reduction, watershed or water quality monitoring or 

3 restoration, wildlife or fish population monitoring, or habi4 tat restoration or management: Provided further, That the 

5 terms ‘‘rural community’’ and ‘‘economically disadvan6 taged’’ shall have the same meanings as in section 2374 

7 of Public Law 101–624: Provided further, That the Secre8 taries shall develop guidance to implement this section: 

9 Provided further, That nothing in this section shall be con10 strued as relieving the Secretaries of any duty under appli11 cable procurement laws, except as provided in this section. 

12 SEC. 329. No funds appropriated in this Act for the 

13 acquisition of lands or interests in lands may be expended 

14 for the filing of declarations of taking or complaints in 

15 condemnation without the approval of the House and Sen16 ate Committees on Appropriations: Provided, That this 

17 provision shall not apply to funds appropriated to imple18 ment the Everglades National Park Protection and Ex19 pansion Act of 1989, or to funds appropriated for Federal 

20 assistance to the State of Florida to acquire lands for Ev21 erglades restoration purposes. 

22 SEC. 330. Section 315(f) of the Department of the 

23 Interior and Related Agencies Appropriations Act, 1996 

24 (as contained in section 101(c) of Public Law 104–134; 
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1 110 Stat. 1321–200; 16 U.S.C. 460l–6a note), is amend2 ed— 

3 (1) in subsection (b), by inserting ‘‘subject to 

4 subsection (g) but’’ before ‘‘notwithstanding’’ in the 

5 matter preceding paragraph (1); and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(g) The Secretary of Agriculture may not charge or 

9 collect fees under this section for the following: 

10 ‘‘(1) Admission to a unit of the National Forest 

11 System (as defined in section 11(a) of the Forest 

12 and Rangeland Renewable Resources Planning Act 

13 of 1974 (16 U.S.C. 1609(a)). 

14 ‘‘(2) the use of, either singly or in any combina15 tion, of the following: 

16 ‘‘(A) undesignated parking along roads; 

17 ‘‘(B) overlook sites or scenic pullouts; 

18 ‘‘(C) information offices and centers that 

19 only provide general area information and lim20 ited services or interpretive exhibits; and 

21 ‘‘(D) dispersed areas for which expendi22 tures in facilities or services are limited.’’ 

23 SEC. 331. (a) ANNUAL REPORTING REQUIREMENTS

24 ON COMPETITIVE SOURCING ACTIVITIES.— 
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1 (1) Not later than December 31 of each year, 

2 beginning with December 31, 2004, the Secretary 

3 concerned shall submit to the Committees on Appro4 priations of the Senate and the House of Represent5 atives a report, covering the preceding fiscal year, on 

6 the competitive sourcing studies conducted by the 

7 Department of the Interior, the Forest Service, or 

8 the Department of Energy, as appropriate, and the 

9 costs and cost savings to the citizens of the United 

10 States of such studies. 

11 (2) In this subsection, the term ‘‘Secretary con12 cerned’’ means— 

13 (A) the Secretary of the Interior, with re14 spect to the Department of the Interior pro15 grams, projects, and activities for which funds 

16 are appropriated by this Act; 

17 (B) the Secretary of Agriculture, with re18 spect to the Forest Service; and 

19 (C) the Secretary of Energy, with respect 

20 to the Department of Energy programs, 

21 projects, and activities for which funds are ap22 propriated by this Act. 

23 (3) The report under this subsection shall in24 clude, for the fiscal year covered— 
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1 (A) the total number of competitions com2 pleted; 

3 (B) the total number of competitions an4 nounced, together with a list of the activities 

5 covered by such competitions; 

6 (C) the total number of full-time equiva7 lent Federal employees studied under completed 

8 competitions; 

9 (D) the total number of full-time equiva10 lent Federal employees being studied under 

11 competitions announced, but not completed; 

12 (E) the incremental cost directly attrib13 utable to conducting the competitions identified 

14 under subparagraphs (A) and (B), including 

15 costs attributable to paying outside consultants 

16 and contractors and, in accordance with full 

17 cost accounting principles, all costs attributable 

18 to developing, implementing, supporting, man19 aging, monitoring, and reporting on competitive 

20 sourcing, including personnel, consultant, trav21 el, and training costs associated with program 

22 management; 

23 (F) an estimate of the total anticipated 

24 savings, or a quantifiable description of im-
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1 provements in service or performance, derived 

2 from completed competitions; 

3 (G) actual savings, or a quantifiable de4 scription of improvements in service or perform5 ance, derived from the implementation of com6 petitions; 

7 (H) the total projected number of full-time 

8 equivalent Federal employees covered by com9 petitions scheduled to be announced in the fis10 cal year; and 

11 (I) a description of how the competitive 

12 sourcing decision making processes are aligned 

13 with strategic workforce plans. 

14 (b) COMPETITIVE SOURCING EXEMPTION FOR FOR15 EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL

16 YEAR 2005.—Notwithstanding requirements of Office of 

17 Management and Budget Circular A–76, Attachment B, 

18 the Forest Service is hereby exempted from implementing 

19 the Letter of Obligation and post-competition account20 ability guidelines where a competitive sourcing study in21 volved 65 or fewer full-time equivalents, the performance 

22 decision was made in favor of the agency provider; no net 

23 savings was achieved by conducting the study, and the 

24 study was completed prior to the date of this Act. 
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1 (c) LIMITATION ON COMPETITIVE SOURCING STUD2 IES.— 

3 (1) Of the funds made available by this or any 

4 other Act to the Department of Energy or the De5 partment of the Interior for fiscal year 2005, not 

6 more than the maximum amount specified in para7 graph (2)(A) may be used by the Secretary of En8 ergy or the Secretary of the Interior to initiate or 

9 continue competitive sourcing studies in fiscal year 

10 2005 for programs, projects, and activities for which 

11 funds are appropriated by this Act until such time 

12 as the Secretary concerned submits a reprogram13 ming proposal to the Committees on Appropriations 

14 of the Senate and the House of Representatives, and 

15 such proposal has been processed consistent with the 

16 reprogramming guidelines in House Report 108– 

17 330. 

18 (2) For the purposes of paragraph (1), the 

19 maximum amount— 

20 (A) with respect to the Department of En21 ergy is $500,000; and 

22 (B) with respect to the Department of the 

23 Interior is $2,500,000; and 

24 (3) Of the funds appropriated by this Act, not 

25 more than $2,000,000 may be used in fiscal year 
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1 2005 for competitive sourcing studies and related 

2 activities by the Forest Service. 

3 (d) LIMITATION ON CONVERSION TO CONTRACTOR

4 PERFORMANCE.— 

5 (1) None of the funds made available in this or 

6 any other Act may be used to convert to contractor 

7 performance an activity or function of the Forest 

8 Service, an activity or function of the Department of 

9 the Interior performed under programs, projects, 

10 and activities for which funds are appropriated by 

11 this Act, or an activity or function of the Depart12 ment of Energy performed under programs, projects, 

13 and activities for which funds are appropriated by 

14 this Act, if such activity or function is performed on 

15 or after the date of the enactment of this Act by 

16 more than 10 Federal employees unless— 

17 (A) the conversion is based on the result of 

18 a public-private competition that includes a 

19 more efficient and cost effective organization 

20 plan developed by such activity or function; and 

21 (B) the Competitive Sourcing Official de22 termines that, over all performance periods 

23 stated in the solicitation of offers for perform24 ance of the activity or function, the cost of per25 formance of the activity or function by a con-
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1 tractor would be less costly to the Federal Gov2 ernment by an amount that equals or exceeds 

3 the lesser of— 

4 (i) 10 percent of the more efficient or5 ganization’s personnel-related costs for 

6 performance of that activity or function by 

7 Federal employees; or 

8 (ii) $10,000,000. 

9 (2) This subsection shall not apply to a com10 mercial or industrial type function that— 

11 (A) is included on the procurement list es12 tablished pursuant to section 2 of the Javits13 Wagner-O’Day Act (41 U.S.C. 47); 

14 (B) is planned to be converted to perform15 ance by a qualified nonprofit agency for the 

16 blind or by a qualified nonprofit agency for 

17 other severely handicapped individuals in ac18 cordance with that Act; or 

19 (C) is planned to be converted to perform20 ance by a qualified firm under at least 51 per21 cent ownership by an Indian tribe, as defined in 

22 section 4(e) of the Indian Self-Determination 

23 and Education Assistance Act (25 U.S.C. 

24 450b(e)), or a Native Hawaiian Organization, 
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1 as defined in section 8(a)(15) of the Small 

2 Business Act (15 U.S.C. 637(a)(15)). 

3 (3) The conversion of any activity or function 

4 under the authority provided by this subsection shall 

5 be credited toward any competitive or outsourcing 

6 goal, target, or measurement that may be estab7 lished by statute, regulation, or policy. 

8 (e) COMPETITIVE SOURCING STUDY DEFINED.—In 

9 this subsection, the term ‘‘competitive sourcing study’’ 

10 means a study on subjecting work performed by Federal 

11 Government employees or private contractors to public12 private competition or on converting the Federal Govern13 ment employees or the work performed by such employees 

14 to private contractor performance under the Office of 

15 Management and Budget Circular A–76 or any other ad16 ministrative regulation, directive, or policy. 

17 SEC. 332. Estimated overhead charges, deductions, 

18 reserves or holdbacks from programs, projects and activi19 ties to support governmentwide, departmental, agency or 

20 bureau administrative functions or headquarters, regional 

21 or central office operations shall be presented in annual 

22 budget justifications. Changes to such estimates shall be 

23 presented to the Committees on Appropriations for ap24 proval. 
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1 SEC. 333. None of the funds in this or any other Act 

2 may be used by the agencies funded in this Act to imple3 ment Safecom, Disaster Management, E-Training, and E4 Rulemaking. 

5 CONVEYANCE OF A SMALL PARCEL OF PUBLIC DOMAIN

6 LAND IN THE SAN BERNARDINO NATIONAL FOREST

7 IN THE STATE OF CALIFORNIA

8 SEC. 334. (a) FINDINGS.—The Congress finds that— 

9 (1) a select area of the San Bernardino Na10 tional Forest in California is heavily developed with 

11 recreation residences and is immediately adjacent to 

12 comparably developed private property; 

13 (2) it is in the public interest to convey the 

14 above referenced area to the owners of the recreation 

15 residences; and 

16 (3) the Secretary of Agriculture should use the 

17 proceeds of such conveyance to acquire additional 

18 lands within the boundaries of the San Bernardino 

19 National Forest. 

20 (b) CONVEYANCE REQUIRED.—Subject to valid exist21 ing rights and such terms, conditions, and restrictions as 

22 the Secretary deems necessary or desirable in the public 

23 interest, the Secretary of Agriculture shall convey to the 

24 Mill Creek Homeowners Association (hereinafter Associa25 tion) all right, title, and interest of the United States in 

26 and to the Mill Creek parcel of real estate described in 
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1 subsection (c)(1). In the event the Secretary and the Asso2 ciation for any reason do not complete the sale within two 

3 years from the date of enactment of this Act, this author4 ity shall expire. 

5 (c) LEGAL DESCRIPTION AND CORRECTION AUTHOR6 ITY.— 

7 (1) DESCRIPTION.—The Mill Creek parcel, ap8 proximately 28.75 acres, as shown on a map, ‘‘The 

9 Mill Creek Conveyance Parcel—San Bernardino Na10 tional Forest, dated June 1, 2004’’ and more par11 ticularly described as T.1 S., R.1 W., Section 8, E1/ 

12 2N1/2N1/2NE1/4SE1/4NE1/4S1/2N1/2N1/2SE1/ 

13 4NE1/4S1/2N1/2SE1/4NE1/4NE1/4SW1/4SE1/ 

14 4NE1/4N1/2SE1/4SE1/4NE1/4S1/2NE1/4SW1/ 

15 4NE1/4, located in the San Bernardino Meridian of 

16 the United States Public Land Survey System, Cali17 fornia. The map shall be on file and available for in18 spection in the office of the Chief, Forest Service, 

19 Washington, D.C. and in the office of the Forest Su20 pervisor, San Bernardino National Forest until such 

21 time as the lands are conveyed. 

22 (2) CORRECTIONS.—The Secretary is author23 ized to make minor corrections to this map and may 

24 modify the description to correct errors or to recon25 figure the property in order to facilitate conveyance. 
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1 In the event of a conflict between the map descrip2 tion and the USPLSS description of the land in 

3 paragraph (1), the map will be considered the defini4 tive description of the land. 

5 (d) CONSIDERATION.—Consideration for the convey6 ance under subsection (b) shall be equal to the appraised 

7 fair market value of the parcel of real property to be con8 veyed. Such appraisal shall be prepared in conformity with 

9 the Uniform Appraisal Standards for Federal Land Acqui10 sition. 

11 (e) ACCESS REQUIREMENTS.—Notwithstanding sec12 tion 1323(a) of the Alaska National Interest Lands Con13 servation Act (16 U.S.C. 3210(a)) or any other law, the 

14 Secretary is not required to provide access over National 

15 Forest System lands to the parcel of real estate to be con16 veyed under subsection (b). 

17 (f) ADMINISTRATIVE COSTS.—All costs incurred by 

18 the Secretary of Agriculture and any costs associated with 

19 the creation of a subdivided parcel, conducting and rec20 ordation of a survey, zoning, planning approval, and simi21 lar expenses with respect to the conveyance under sub22 section (b), shall be borne by the Association. 

23 (g) ASSUMPTION OF LIABILITY.—By acceptance of 

24 the conveyance of the parcel of real property referred to 

25 in subsection (b), the Association and its successors and 
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1 assigns will indemnify and hold harmless the United 

2 States for any and all liability to any party that is associ3 ated with the parcel. 

4 (h) TREATMENT OF RECEIPTS.—All funds received 

5 pursuant to the conveyance of the parcel of real property 

6 referred to in subsection (b) shall be deposited in the fund 

7 established under Public Law 90–171 (16 U.S.C. 484a; 

8 commonly known as the Sisk Act), and the funds shall 

9 remain available to the Secretary, until expended, for the 

10 acquisition of lands, waters, and interests in land for in11 clusion in the San Bernardino National Forest. 

12 SEC. 335. Section 331 of the Department of the Inte13 rior and Related Agencies Appropriations Act, 2001 (Pub14 lic Law 106–291; 114 Stat. 996), is amended— 

15 (1) in subsection (a), by striking ‘‘Until Sep16 tember 30, 2004, the’’ and inserting ‘‘The’’; and 

17 (2) by adding at the end the following new sub18 sections: 

19 ‘‘(d) INCLUSION OF COLORADO BLM LANDS.—The 

20 authority provided by this section shall also be available 

21 to the Secretary of the Interior with respect to public 

22 lands in the State of Colorado administered by the Sec23 retary through the Bureau of Land Management. 

24 ‘‘(e) EXPIRATION OF AUTHORITY.—The authority of 

25 the Secretary of Agriculture and the Secretary of the Inte-
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1 rior to enter into cooperative agreements and contracts 

2 under this section expires September 30, 2009, and the 

3 term of any cooperative agreement or contract entered 

4 into under this section shall not extend beyond that date.’’. 

5 TITLE IV—SUPPLEMENTAL APPROPRIATIONS 

6 FOR FISCAL YEARS 2004 AND 2005 FOR UR7 GENT WILDLAND FIRE SUPPRESSION AC8 TIVITIES 

9 CHAPTER 1—FISCAL YEAR 2004 

10 DEPARTMENT OF THE INTERIOR 

11 BUREAU OF LAND MANAGEMENT

12 WILDLAND FIRE MANAGEMENT

13 For an additional amount for fiscal year 2004 for 

14 ‘‘Wildland Fire Management’’, $100,000,000, to remain 

15 available until expended, for urgent wildland fire suppres16 sion activities related to the fiscal year 2004 fire season 

17 pursuant to section 312 of S. Con. Res. 95 (108th Con18 gress), as made applicable to the House of Representatives 

19 by H. Res. 649 (108th Congress): Provided, That such 

20 funds are also available for repayment of advances to 

21 other appropriation accounts from which funds are trans22 ferred for such purposes: Provided further, That cost con23 tainment measures shall be implemented within this ac24 count for fiscal year 2004, and the Secretary of the Inte25 rior shall submit to the Committees on Appropriations of 
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1 the Senate and the House of Representatives a report on 

2 such cost containment measures by December 31 following 

3 the end of such fiscal year. 

4 DEPARTMENT OF AGRICULTURE 

5 FOREST SERVICE

6 WILDLAND FIRE MANAGEMENT

7 For an additional amount for fiscal year 2004 for 

8 ‘‘Wildland Fire Management’’, $400,000,000, to remain 

9 available until expended, for urgent wildland fire suppres10 sion activities related to the fiscal year 2004 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 such 

14 funds are also available for repayment of advances to 

15 other appropriation accounts from which funds are trans16 ferred for such purposes: Provided further, That cost con17 tainment measures shall be implemented within this ac18 count for fiscal year 2004, and the Secretary of Agri19 culture shall submit to the Committees on Appropriations 

20 of the Senate and the House of Representatives a report 

21 on such cost containment measures by December 31 fol22 lowing the end of such fiscal year. 
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1 CHAPTER 2—FISCAL YEAR 2005 

2 DEPARTMENT OF THE INTERIOR 

3 BUREAU OF LAND MANAGEMENT

4 WILDLAND FIRE MANAGEMENT

5 For an additional amount for fiscal year 2005 for 

6 ‘‘Wildland Fire Management’’, $100,000,000, to remain 

7 available until expended, for urgent wildland fire suppres8 sion activities related to the fiscal year 2005 fire season 

9 pursuant to section 312 of S. Con. Res. 95 (108th Con10 gress), as made applicable to the House of Representatives 

11 by H. Res. 649 (108th Congress): Provided, That these 

12 funds will become available in the event that funds pro13 vided in title I of this Act for wildland fire suppression 

14 are insufficient: Provided further, That such funds are also 

15 available for repayment of advances to other appropriation 

16 accounts from which funds are transferred for such pur17 poses: Provided further, That cost containment measures 

18 shall be implemented within this account for fiscal year 

19 2005, and the Secretary of the Interior shall submit to 

20 the Committees on Appropriations of the Senate and the 

21 House of Representatives a report on such cost contain22 ment measures by December 31 following the end of such 

23 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 This Act may be cited as the ‘‘Department of the In24 terior and Related Agencies Appropriations Act, 2005’’. 
Union Calendar No. 314 

108TH CONGRESS 

2D SESSION H. R. 4568 

[Report No. 108–542] 

Making appropriations for the Department of the 

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

JUNE 15, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed