In the Senate of the United States,
June 29, 2005.
Resolved, That the bill from the House of Representa-
tives (H.R. 2361) entitled ‘‘An Act making appropriations for
the Department of the Interior, environment, and related
agencies for the fiscal year ending September 30, 2006, and
for other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of the Interior, environment, and related agen-
cies for the fiscal year ending September 30, 2006, and for
other purposes, namely:
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TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improve-
ment, development, disposal, cadastral surveying, classifica-
tion, acquisition of easements and other interests in lands,
and performance of other functions, including maintenance
of facilities, as authorized by law, in the management of
lands and their resources under the jurisdiction of the Bu-
reau of Land Management, including the general adminis-
tration of the Bureau, and assessment of mineral potential
of public lands pursuant to Public Law 96–487 (16 U.S.C.
3150(a)), $867,045,000, to remain available until expended,
of which $1,250,000 is for high priority projects, to be car-
ried out by the Youth Conservation Corps; and of which
$3,000,000 shall be available in fiscal year 2006 subject to
a match by at least an equal amount by the National Fish
and Wildlife Foundation for cost-shared projects supporting
conservation of Bureau lands; and such funds shall be ad-
vanced to the Foundation as a lump sum grant without
regard to when expenses are incurred.
In addition, $32,696,000 is for Mining Law Adminis-
tration program operations, including the cost of admin-
istering the mining claim fee program; to remain available
until expended, to be reduced by amounts collected by the
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Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation
estimated at not more than $867,045,000, and $2,000,000,
to remain available until expended, from communication
site rental fees established by the Bureau for the cost of ad-
ministering communication site activities.
WILDLAND FIRE MANAGEMENT
For necessary expenses for fire preparedness, suppres-
sion operations, fire science and research, emergency reha-
bilitation, hazardous fuels reduction, and rural fire assist-
ance by the Department of the Interior, $766,564,000, to
remain available until expended, of which not to exceed
$7,849,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts
from which funds were previously transferred for such pur-
poses: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging with-
out cost from funds available from this appropriation: Pro-
vided further, That notwithstanding 42 U.S.C. 1856d, sums
received by a bureau or office of the Department of the Inte-
rior for fire protection rendered pursuant to 42 U.S.C. 1856
et seq., protection of United States property, may be cred-
ited to the appropriation from which funds were expended
to provide that protection, and are available without fiscal
year limitation: Provided further, That using the amounts
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designated under this title of this Act, the Secretary of the
Interior may enter into procurement contracts, grants, or
cooperative agreements, for hazardous fuels reduction ac-
tivities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land,
or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs
of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties: Pro-
vided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes
of hazardous fuels reduction activities, may obtain max-
imum practicable competition among: (1) local private,
nonprofit, or cooperative entities; (2) Youth Conservation
Corps crews or related partnerships with State, local, or
non-profit youth groups; (3) small or micro-businesses; or
(4) other entities that will hire or train locally a significant
percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That
in implementing this section, the Secretary shall develop
written guidance to field units to ensure accountability and
consistent application of the authorities provided herein:
Provided further, That funds appropriated under this head
may be used to reimburse the United States Fish and Wild-
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life Service and the National Marine Fisheries Service for
the costs of carrying out their responsibilities under the En-
dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act,
in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may
use wildland fire appropriations to enter into non-competi-
tive sole source leases of real property with local govern-
ments, at or below fair market value, to construct capital-
ized improvements for fire facilities on such leased prop-
erties, including but not limited to fire guard stations, re-
tardant stations, and other initial attack and fire support
facilities, and to make advance payments for any such lease
or for construction activity associated with the lease: Pro-
vided further, That the Secretary of the Interior and the
Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggre-
gate amount not to exceed $12,000,000, between the Depart-
ments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emer-
gency response actions.
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CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $9,976,000, to re-
main available until expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206,
and 318(d) of Public Law 94–579, including administra-
tive expenses and acquisition of lands or waters, or interests
therein, $12,250,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adja-
cent rights-of-way; and acquisition of lands or interests
therein, including existing connecting roads on or adjacent
to such grant lands; $110,070,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Or-
egon and California Railroad grant lands is hereby made
a charge against the Oregon and California land-grant
fund and shall be transferred to the General Fund in the
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Treasury in accordance with the second paragraph of sub-
section (b) of title II of the Act of August 28, 1937 (50 Stat.
876).
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law
102–381, funds made available in the Forest Ecosystem
Health and Recovery Fund can be used for the purpose of
planning, preparing, implementing and monitoring salvage
timber sales and forest ecosystem health and recovery activi-
ties, such as release from competing vegetation and density
control treatments. The Federal share of receipts (defined
as the portion of salvage timber receipts not paid to the
counties under 43 U.S.C. 1181f and 43 U.S.C. 1181f–1 et
seq., and Public Law 106–393) derived from treatments
funded by this account shall be deposited into the Forest
Ecosystem Health and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal range-
lands pursuant to section 401 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701), notwith-
standing any other Act, sums equal to 50 percent of all
moneys received during the prior fiscal year under sections
3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.)
and the amount designated for range improvements from
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grazing fees and mineral leasing receipts from Bankhead-
Jones lands transferred to the Department of the Interior
pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed
$600,000 shall be available for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to
processing application documents and other authorizations
for use and disposal of public lands and resources, for costs
of providing copies of official public land documents, for
monitoring construction, operation, and termination of fa-
cilities in conjunction with use authorizations, and for re-
habilitation of damaged property, such amounts as may be
collected under Public Law 94–579, as amended, and Public
Law 93–153, to remain available until expended: Provided,
That, notwithstanding any provision to the contrary of sec-
tion 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any
moneys that have been or will be received pursuant to that
section, whether as a result of forfeiture, compromise, or set-
tlement, if not appropriate for refund pursuant to section
305(c) of that Act (43 U.S.C. 1735(c)), shall be available
and may be expended under the authority of this Act by
the Secretary to improve, protect, or rehabilitate any public
lands administered through the Bureau of Land Manage-
ment which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized per-
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son, without regard to whether all moneys collected from
each such action are used on the exact lands damaged which
led to the action: Provided further, That any such moneys
that are in excess of amounts needed to repair damage to
the exact land for which funds were collected may be used
to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing laws, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain avail-
able until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management
shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance
of necessary buildings and appurtenant facilities to which
the United States has title; up to $100,000 for payments,
at the discretion of the Secretary, for information or evi-
dence concerning violations of laws administered by the Bu-
reau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to
be accounted for solely on her certificate, not to exceed
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$10,000: Provided, That notwithstanding 44 U.S.C. 501,
the Bureau may, under cooperative cost-sharing and part-
nership arrangements authorized by law, procure printing
services from cooperators in connection with jointly pro-
duced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, maintenance of the herd of long-
horned cattle on the Wichita Mountains Wildlife Refuge,
general administration, and for the performance of other
authorized functions related to such resources by direct ex-
penditure, contracts, grants, cooperative agreements and re-
imbursable agreements with public and private entities,
$993,485,000, to remain available until September 30,
2007, except as otherwise provided herein: Provided, That
$2,500,000 is for high priority projects, which shall be car-
ried out by the Youth Conservation Corps: Provided further,
That not to exceed $18,130,000 shall be used for imple-
menting subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act, as amended, for species that are
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indigenous to the United States (except for processing peti-
tions, developing and issuing proposed and final regula-
tions, and taking any other steps to implement actions de-
scribed 
in 
subsection 
(c)(2)(A), 
(c)(2)(B)(i), 
or
(c)(2)(B)(ii)), of which not to exceed $12,852,000 shall be
used for any activity regarding the designation of critical
habitat, pursuant to subsection (a)(3), excluding litigation
support, for species listed pursuant to subsection (a)(1)
prior to October 1, 2005: Provided further, That of the
amount available for law enforcement, up to $400,000, to
remain available until expended, may at the discretion of
the Secretary be used for payment for information, rewards,
or evidence concerning violations of laws administered by
the Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Sec-
retary and to be accounted for solely on her certificate: Pro-
vided further, That of the amount provided for environ-
mental contaminants, up to $1,000,000 may remain avail-
able until expended for contaminant sample analyses: Pro-
vided further, That of the total amounts made available
under this heading, $350,000 may be made available for
the mussel program at the White Sulphur Springs National
Fish Hatchery.
CONSTRUCTION
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
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servation, management, investigation, protection, and utili-
zation of fishery and wildlife resources, and the acquisition
of lands and interests therein; $31,811,000, to remain avail-
able until expended: Provided, That funds made available
under the 2005 Consolidated Appropriations Act (Public
Law 108–447) for the Chase Lake and Arrowwood National
Wildlife Refuges, North Dakota, shall be transferred to
North Dakota State University to complete planning and
design for a Joint Interpretive Center.
LAND ACQUISITION
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable
to the United States Fish and Wildlife Service, $40,827,000
to be derived from the Land and Water Conservation Fund
and to remain available until expended.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried out
on private lands, $25,000,000, to be derived from the Land
and Water Conservation Fund, and to remain available
until expended: Provided, That the amount provided herein
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is for a Landowner Incentive Program established by the
Secretary that provides matching, competitively awarded
grants to States, the District of Columbia, federally recog-
nized Indian tribes, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, and Amer-
ican Samoa, to establish or supplement existing landowner
incentive programs that provide technical and financial as-
sistance, including habitat protection and restoration, to
private landowners for the protection and management of
habitat to benefit federally listed, proposed, candidate, or
other at-risk species on private lands.
PRIVATE STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried out
on private lands, $7,500,000, to be derived from the Land
and Water Conservation Fund, and to remain available
until expended: Provided, That the amount provided herein
is for the Private Stewardship Grants Program established
by the Secretary to provide grants and other assistance to
individuals and groups engaged in private conservation ef-
forts that benefit federally listed, proposed, candidate, or
other at-risk species.
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COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
as amended, $80,000,000, of which $34,347,000 is to be de-
rived from the Cooperative Endangered Species Conserva-
tion Fund and $45,653,000 is to be derived from the Land
and Water Conservation Fund and to remain available
until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October
17, 1978 (16 U.S.C. 715s), $14,414,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of
the North American Wetlands Conservation Act, Public
Law 101–233, as amended, $39,500,000, to remain avail-
able until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
with the Neotropical Migratory Bird Conservation Act,
Public Law 106–247 (16 U.S.C. 6101–6109), $4,000,000,
to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211–4213,
4221–4225, 4241–4245, and 1538), the Asian Elephant
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Conservation Act of 1997 (Public Law 105–96; 16 U.S.C.
4261–4266), the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5301–5306), the Great Ape Conservation
Act of 2000 (16 U.S.C. 6301), and the Marine Turtle Con-
servation Act of 2004 (Public Law 108–266; 16 U.S.C.
6601), $6,500,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American
Samoa, and federally recognized Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the
Fish and Wildlife Coordination Act, for the development
and implementation of programs for the benefit of wildlife
and their habitat, including species that are not hunted or
fished, $72,000,000, to be derived from the Land and Water
Conservation Fund, and to remain available until ex-
pended: Provided, That of the amount provided herein,
$6,000,000 is for a competitive grant program for Indian
tribes not subject to the remaining provisions of this appro-
priation: Provided further, That the Secretary shall, after
deducting said $6,000,000 and administrative expenses, ap-
portion the amount provided herein in the following man-
ner: (1) to the District of Columbia and to the Common-
wealth of Puerto Rico, each a sum equal to not more than
one-half of 1 percent thereof; and (2) to Guam, American
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Samoa, the United States Virgin Islands, and the Common-
wealth of the Northern Mariana Islands, each a sum equal
to not more than one-fourth of 1 percent thereof: Provided
further, That the Secretary shall apportion the remaining
amount in the following manner: (1) one-third of which is
based on the ratio to which the land area of such State bears
to the total land area of all such States; and (2) two-thirds
of which is based on the ratio to which the population of
such State bears to the total population of all such States:
Provided further, That the amounts apportioned under this
paragraph shall be adjusted equitably so that no State shall
be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph
for any fiscal year or more than 5 percent of such amount:
Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects
and the Federal share of implementation grants shall not
exceed 50 percent of the total costs of such projects: Provided
further, That the non-Federal share of such projects may
not be derived from Federal grant programs: Provided fur-
ther, That no State, territory, or other jurisdiction shall re-
ceive a grant unless it has developed a comprehensive wild-
life conservation plan, consistent with criteria established
by the Secretary of the Interior, that considers the broad
range of the State, territory, or other jurisdiction’s wildlife
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and associated habitats, with appropriate priority placed
on those species with the greatest conservation need and tak-
ing into consideration the relative level of funding available
for the conservation of those species: Provided further, That
any amount apportioned in 2006 to any State, territory,
or other jurisdiction that remains unobligated as of Sep-
tember 30, 2007, shall be reapportioned, together with funds
appropriated in 2008, in the manner provided herein: Pro-
vided further, That balances from amounts previously ap-
propriated under the heading ‘‘State Wildlife Grants’’ shall
be transferred to and merged with this appropriation and
shall remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 61 passenger motor vehicles, of which
61 are for replacement only (including 22 for police-type
use); repair of damage to public roads within and adjacent
to reservation areas caused by operations of the Service; op-
tions for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses
on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which
are used pursuant to law in connection with management,
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and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may,
under cooperative cost sharing and partnership arrange-
ments authorized by law, procure printing services from co-
operators in connection with jointly produced publications
for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service deter-
mines the cooperator is capable of meeting accepted quality
standards: Provided further, That, notwithstanding any
other provision of law, the Service may use up to
$2,000,000 from funds provided for contracts for employ-
ment-related legal services: Provided further, That the Serv-
ice may accept donated aircraft as replacements for existing
aircraft: Provided further, That, notwithstanding any other
provision of law, the Secretary of the Interior may not
spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the
establishment of any new unit of the National Wildlife Ref-
uge System unless the purchase is approved in advance by
the House and Senate Committees on Appropriations in
compliance with the reprogramming procedures contained
in House Report 108–330.
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NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation,
and maintenance of areas and facilities administered by
the National Park Service (including special road mainte-
nance service to trucking permittees on a reimbursable
basis), and for the general administration of the National
Park Service, $1,748,486,000, of which $9,892,000 is for
planning and interagency coordination in support of Ever-
glades restoration and shall remain available until ex-
pended; of which $98,100,000, to remain available until
September 30, 2007, is for maintenance, repair or rehabili-
tation projects for constructed assets, operation of the Na-
tional Park Service automated facility management soft-
ware system, and comprehensive facility condition assess-
ments; and of which $2,500,000 is for the Youth Conserva-
tion Corps for high priority projects: Provided, That the
only funds in this account which may be made available
to support United States Park Police are those funds ap-
proved for emergency law and order incidents pursuant to
established National Park Service procedures, those funds
needed to maintain and repair United States Park Police
administrative facilities, and those funds necessary to reim-
burse the United States Park Police account for the
unbudgeted overtime and travel costs associated with special
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events for an amount not to exceed $10,000 per event subject
to the review and concurrence of the Washington head-
quarters office.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of
the United States Park Police, $80,411,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage part-
nership programs, environmental compliance and review,
international park affairs, statutory or contractual aid for
other activities, and grant administration, not otherwise
provided for, $56,729,000: Provided, That none of the funds
in this Act for the River, Trails and Conservation Assist-
ance program may be used for cash agreements, or for coop-
erative agreements that are inconsistent with the program’s
final strategic plan.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and
the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104–333), $74,500,000, to be derived
from the Historic Preservation Fund and to remain avail-
able until September 30, 2007, of which $2,000,000 is for
Historically Black Colleges and Universities, of which
$30,000,000 shall be for Save America’s Treasures for pres-
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ervation of nationally significant sites, structures, and arti-
facts: Provided, That not to exceed $7,500,000 of the amount
provided for Save America’s Treasures may be for Preserve
America grants to States, Tribes, and local communities for
projects that preserve important historic resources through
the promotion of heritage tourism: Provided further, That
any individual Save America’s Treasures or Preserve
America grant shall be matched by non-Federal funds: Pro-
vided further, That individual projects shall only be eligible
for one grant: Provided further, That all projects to be fund-
ed shall be approved by the Secretary of the Interior in con-
sultation with the House and Senate Committees on Appro-
priations, and in consultation with the President’s Com-
mittee on the Arts and Humanities prior to the commit-
ment of Save America’s Treasures grant funds and with
the Advisory Council on Historic Preservation prior to the
commitment of Preserve America grant funds: Provided fur-
ther, That Save America’s Treasures funds allocated for
Federal projects, following approval, shall be available by
transfer to appropriate accounts of individual agencies.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
For construction, improvements, repair or replacement
of physical facilities, including the modifications authorized
by section 104 of the Everglades National Park Protection
and Expansion Act of 1989, $316,201,000, to remain avail-
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able until expended, of which $17,000,000 for modified
water deliveries to Everglades National Park shall be de-
rived by transfer from unobligated balances in the ‘‘Land
Acquisition and State Assistance’’ account for Everglades
National Park land acquisitions, and of which $500,000 for
the Mark Twain Boyhood Home National Historic Land-
mark shall be derived from the Historic Preservation Fund
pursuant to 16 U.S.C. 470a: Provided, That none of the
funds available to the National Park Service may be used
to plan, design, or construct any partnership project with
a total value in excess of $5,000,000, without advance ap-
proval of the House and Senate Committees on Appropria-
tions: Provided further, That notwithstanding any other
provision of law, the National Park Service may not accept
donations or services associated with the planning, design,
or construction of such new facilities without advance ap-
proval of the House and Senate Committees on Appropria-
tions: Provided further, That funds provided under this
heading for implementation of modified water deliveries to
Everglades National Park shall be expended consistent with
the requirements of the fifth proviso under this heading in
Public Law 108–108: Provided further, That hereinafter
notwithstanding any other provision of law, procurements
for the Mount Rainier National Park Jackson Visitor Cen-
ter replacement and the rehabilitation of Paradise Inn and
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Annex may be issued which include the full scope of the
facility: Provided further, That the solicitation and contract
shall contain the clause ‘‘availability of funds’’ found at
48 CFR 52.232.18: Provided further, That none of the funds
provided in this or any other Act may be used for planning,
design, or construction of any underground security screen-
ing or visitor contact facility at the Washington Monument
until such facility has been approved in writing by the
House and Senate Committees on Appropriations.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2006
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and
for acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $86,005,000, to be derived from the
Land and Water Conservation Fund and to remain avail-
able until expended, of which $30,000,000 is for the State
assistance program including $1,587,000 for program ad-
ministration: Provided, That none of the funds provided for
the State assistance program may be used to establish a
contingency fund.
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ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 245 passenger
motor vehicles, of which 199 shall be for replacement only,
including not to exceed 193 for police-type use, 10 buses,
and 8 ambulances: Provided, That none of the funds appro-
priated to the National Park Service may be used to imple-
ment an agreement for the redevelopment of the southern
end of Ellis Island until such agreement has been submitted
to the Congress and shall not be implemented prior to the
expiration of 30 calendar days (not including any day in
which either House of Congress is not in session because
of adjournment of more than 3 calendar days to a day cer-
tain) from the receipt by the Speaker of the House of Rep-
resentatives and the President of the Senate of a full and
comprehensive report on the development of the southern
end of Ellis Island, including the facts and circumstances
relied upon in support of the proposed project: Provided fur-
ther, That in fiscal year 2006 and thereafter, appropria-
tions available to the National Park Service may be used
to maintain the following areas in Washington, District of
Columbia: Jackson Place, Madison Place, and Pennsyl-
vania Avenue between 15th and 17th Streets, Northwest.
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None of the funds in this Act may be spent by the Na-
tional Park Service for activities taken in direct response
to the United Nations Biodiversity Convention.
The National Park Service may distribute to operating
units based on the safety record of each unit the costs of
programs designed to improve workplace and employee safe-
ty, and to encourage employees receiving workers’ com-
pensation benefits pursuant to chapter 81 of title 5, United
States Code, to return to appropriate positions for which
they are medically able.
If the Secretary of the Interior considers the decision
of any value determination proceeding conducted under a
National Park Service concession contract issued prior to
November 13, 1998, to misinterpret or misapply relevant
contractual requirements or their underlying legal author-
ity, the Secretary may seek, within 180 days of any such
decision, the de novo review of the value determination by
the United States Court of Federal Claims, and that court
may make an order affirming, vacating, modifying or cor-
recting the determination.
In addition to other uses set forth in section 407(d)
of Public Law 105–391, franchise fees credited to a sub-
account shall be available for expenditure by the Secretary,
without further appropriation, for use at any unit within
the National Park System to extinguish or reduce liability
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for Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that
the benefiting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of
funds used to extinguish or reduce liability. Franchise fees
at the benefiting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term
of a single contract at the benefiting unit, in the amount
of funds so expended to extinguish or reduce liability.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research cov-
ering topography, geology, hydrology, biology, and the min-
eral and water resources of the United States, its territories
and possessions, and other areas as authorized by 43 U.S.C.
31, 1332, and 1340; classify lands as to their mineral and
water resources; give engineering supervision to power per-
mittees and Federal Energy Regulatory Commission licens-
ees; administer the minerals exploration program (30
U.S.C. 641); to conduct inquiries into the economic condi-
tions affecting mining and materials processing industries
(30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and dissemi-
nate data relative to the foregoing activities; $963,057,000,
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of which $63,770,000 shall be available only for cooperation
with States or municipalities for water resources investiga-
tions; of which $7,791,000 shall remain available until ex-
pended for satellite operations; of which $21,720,000 shall
be available until September 30, 2007, for the operation and
maintenance of facilities and deferred maintenance; of
which $1,600,000 shall be available until expended for de-
ferred maintenance and capital improvement projects that
exceed $100,000 in cost; and of which $174,280,000 shall
be available until September 30, 2007, for the biological re-
search activity and the operation of the Cooperative Re-
search Units: Provided, That from the amount provided for
the biological research activity, $200,000 may be made
available to the University of Missouri-Columbia to estab-
lish a wetland ecology center of excellence: Provided further,
That none of the funds provided for the biological research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this ap-
propriation shall be used to pay more than one-half the cost
of topographic mapping or water resources data collection
and investigations carried on in cooperation with States
and municipalities.
ADMINISTRATIVE PROVISIONS
From within the amount appropriated for activities
of the United States Geological Survey such sums as are
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necessary shall be available for the purchase and replace-
ment of passenger motor vehicles; reimbursement to the
General Services Administration for security guard serv-
ices; contracting for the furnishing of topographic maps and
for the making of geophysical or other specialized surveys
when it is administratively determined that such proce-
dures are in the public interest; construction and mainte-
nance of necessary buildings and appurtenant facilities; ac-
quisition of lands for gauging stations and observation
wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of per-
sons on the rolls of the Survey duly appointed to represent
the United States in the negotiation and administration
of interstate compacts: Provided, That activities funded by
appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as
defined in 31 U.S.C. 6302 et seq.: Provided further, That
the United States Geological Survey may enter into con-
tracts or cooperative agreements directly with individuals
or indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 5, for the temporary or inter-
mittent services of students or recent graduates, who shall
be considered employees for the purpose of chapters 57 and
81 of title 5, United States Code, relating to compensation
for travel and work injuries, and chapter 171 of title 28,
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United States Code, relating to tort claims, but shall not
be considered to be Federal employees for any other pur-
poses.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only, $152,516,000, of which $78,529,000
shall be available for royalty management activities; and
an amount not to exceed $122,730,000, to be credited to this
appropriation and to remain available until expended,
from additions to receipts resulting from increases to rates
in effect on August 5, 1993, from rate increases to fee collec-
tions for Outer Continental Shelf administrative activities
performed by the Minerals Management Service (MMS)
over and above the rates in effect on September 30, 1993,
and from additional fees for Outer Continental Shelf ad-
ministrative activities established after September 30, 1993:
Provided, That to the extent $122,730,000 in additions to
receipts are not realized from the sources of receipts stated
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above, the amount needed to reach $122,730,000 shall be
credited to this appropriation from receipts resulting from
rental rates for Outer Continental Shelf leases in effect be-
fore August 5, 1993: Provided further, That $3,000,000 for
computer acquisitions shall remain available until Sep-
tember 30, 2007: Provided further, That not to exceed
$3,000 shall be available for reasonable expenses related to
promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision
of law, $15,000 under this heading shall be available for
refunds of overpayments in connection with certain Indian
leases in which the Director of MMS concurred with the
claimed refund due, to pay amounts owed to Indian
allottees or tribes, or to correct prior unrecoverable erro-
neous payments: Provided further, That in fiscal year 2006
and thereafter, MMS may under the royalty-in-kind pro-
gram, or under its authority to transfer oil to the Strategic
Petroleum Reserve, use a portion of the revenues from roy-
alty-in-kind sales, without regard to fiscal year limitation,
to pay for transportation to wholesale market centers or up-
stream pooling points, to process or otherwise dispose of
royalty production taken in kind, and to recover MMS
transportation costs, salaries, and other administrative
costs directly related to the royalty-in-kind program: Pro-
vided further, That MMS shall analyze and document the
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expected return in advance of any royalty-in-kind sales to
assure to the maximum extent practicable that royalty in-
come under the program is equal to or greater than royalty
income recognized under a comparable royalty-in-value
program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
$7,006,000, which shall be derived from the Oil Spill Liabil-
ity Trust Fund, to remain available until expended.
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of
the Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase of
not to exceed 10 passenger motor vehicles, for replacement
only; $110,435,000: Provided, That the Secretary of the In-
terior, pursuant to regulations, may use directly or through
grants to States, moneys collected in fiscal year 2006 for
civil penalties assessed under section 518 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1268), to reclaim lands adversely affected by coal mining
practices after August 3, 1977, to remain available until
expended: Provided further, That appropriations for the Of-
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fice of Surface Mining Reclamation and Enforcement may
provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Rec-
lamation and Enforcement sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Sur-
face Mining Control and Reclamation Act of 1977, Public
Law 95–87, as amended, including the purchase of not more
than 10 passenger motor vehicles for replacement only,
$188,014,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until ex-
pended; of which up to $10,000,000, to be derived from the
Federal Expenses Share of the Fund, shall be for supple-
mental grants to States for the reclamation of abandoned
sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum pro-
gram States will be $1,500,000 per State in fiscal year
2006: Provided further, That pursuant to Public Law 97–
365, the Department of the Interior is authorized to use up
to 20 percent from the recovery of the delinquent debt owed
to the United States Government to pay for contracts to
collect these debts: Provided further, That funds made avail-
able under title IV of Public Law 95–87 may be used for
any required non-Federal share of the cost of projects funded
by the Federal Government for the purpose of environ-
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mental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and
priorities of the Surface Mining Control and Reclamation
Act: Provided further, That the State of Maryland may set
aside the greater of $1,000,000 or 10 percent of the total
of the grants made available to the State under title IV of
the Surface Mining Control and Reclamation Act of 1977,
as amended (30 U.S.C. 1231 et seq.), if the amount set aside
is deposited in an acid mine drainage abatement and treat-
ment fund established under a State law, pursuant to which
law the amount (together with all interest earned on the
amount) is expended by the State to undertake acid mine
drainage abatement and treatment projects, except that be-
fore any amounts greater than 10 percent of its title IV
grants are deposited in an acid mine drainage abatement
and treatment fund, the State of Maryland must first com-
plete all Surface Mining Control and Reclamation Act pri-
ority one projects: Provided further, That amounts provided
under this heading may be used for the travel and per diem
expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored
training.
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ADMINISTRATIVE PROVISION
With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary
may transfer title for computer hardware, software and
other technical equipment to State and Tribal regulatory
and reclamation programs.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian pro-
grams, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Deter-
mination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of
1978 (25 U.S.C. 2001–2019), and the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$1,971,132,000, to remain available until September 30,
2007 except as otherwise provided herein, of which not to
exceed $86,462,000 shall be for welfare assistance payments
and notwithstanding any other provision of law, including
but not limited to the Indian Self-Determination Act of
1975, as amended, not to exceed $134,609,000 shall be
available for payments to tribes and tribal organizations
for contract support costs associated with ongoing contracts,
grants, compacts, or annual funding agreements entered
into with the Bureau prior to or during fiscal year 2006,