HR 5386 RH 
shore oil preleasing, leasing and related activities in the 
eastern Gulf of Mexico planning area for any lands located 
outside Sale 181, as identified in the final Outer Conti-
nental Shelf 5-Year Oil and Gas Leasing Program, 1997– 
2002. 
SEC. 106. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil 
preleasing, leasing and related activities in the Mid-Atlan-
tic and South Atlantic planning areas. 
SEC. 107. Appropriations made in this Act under the 
headings Bureau of Indian Affairs and Office of Special 
Trustee for American Indians and any unobligated bal-
ances from prior appropriations Acts made under the 
same headings shall be available for expenditure or trans-
fer for Indian trust management and reform activities, ex-
cept that total funding for historical accounting activities 
shall not exceed amounts specifically designated in this 
Act for such purpose. 
SEC. 108. Notwithstanding any other provision of 
law, the Secretary of the Interior is authorized to redis-
tribute any Tribal Priority Allocation funds, including 
tribal base funds, to alleviate tribal funding inequities by 
transferring funds to address identified, unmet needs, 
dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduc-
VerDate Aug 31 2005 
01:25 May 16, 2006
Jkt 049200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RH
H5386
rfake on PROD1PC77 with BILLS
HR 5386 RH 
tion in Tribal Priority Allocation funds of more than 10 
percent in fiscal year 2007. Under circumstances of dual 
enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not 
apply. 
SEC. 109. Notwithstanding any other provision of 
law, in conveying the Twin Cities Research Center under 
the authority provided by Public Law 104–134, as amend-
ed by Public Law 104–208, the Secretary may accept and 
retain land and other forms of reimbursement: Provided, 
That the Secretary may retain and use any such reim-
bursement until expended and without further appropria-
tion: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all ac-
tivities authorized by Public Law 100–696; 16 U.S.C. 
460zz. 
SEC. 110. The Secretary of the Interior may use or 
contract for the use of helicopters or motor vehicles on 
the Sheldon and Hart National Wildlife Refuges for the 
purpose of capturing and transporting horses and burros. 
The provisions of subsection (a) of the Act of September 
8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such 
use. Such use shall be in accordance with humane proce-
dures prescribed by the Secretary. 
VerDate Aug 31 2005 
01:25 May 16, 2006
Jkt 049200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RH
H5386
rfake on PROD1PC77 with BILLS
HR 5386 RH 
SEC. 111. Funds provided in this Act for Federal 
land acquisition by the National Park Service for Shen-
andoah Valley Battlefields National Historic District and 
Ice Age National Scenic Trail, and funds provided in divi-
sion E of Public Law 108–447 (118 Stat. 3050) for land 
acquisition at the Niobrara National Scenic River, may be 
used for a grant to a State, a local government, or any 
other land management entity for the acquisition of lands 
without regard to any restriction on the use of Federal 
land acquisition funds provided through the Land and 
Water Conservation Fund Act of 1965 as amended. 
SEC. 112. None of the funds made available by this 
Act may be obligated or expended by the National Park 
Service to enter into or implement a concession contract 
which permits or requires the removal of the underground 
lunchroom at the Carlsbad Caverns National Park. 
SEC. 113. None of the funds made available in this 
Act may be used: (1) to demolish the bridge between Jer-
sey City, New Jersey, and Ellis Island; or (2) to prevent 
pedestrian use of such bridge, when such pedestrian use 
is consistent with generally accepted safety standards. 
SEC. 114. None of the funds in this or any other Act 
can be used to compensate the Special Master and the 
Special Master-Monitor, and all variations thereto, ap-
pointed by the United States District Court for the Dis-
VerDate Aug 31 2005 
01:25 May 16, 2006
Jkt 049200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RH
H5386
rfake on PROD1PC77 with BILLS
HR 5386 RH 
trict of Columbia in the Cobell v. Norton litigation at an 
annual rate that exceeds 200 percent of the highest Senior 
Executive Service rate of pay for the Washington-Balti-
more locality pay area. 
SEC. 115. The Secretary of the Interior may use dis-
cretionary funds to pay private attorney fees and costs for 
employees and former employees of the Department of the 
Interior reasonably incurred in connection with Cobell v. 
Norton to the extent that such fees and costs are not paid 
by the Department of Justice or by private insurance. In 
no case shall the Secretary make payments under this sec-
tion that would result in payment of hourly fees in excess 
of the highest hourly rate approved by the District Court 
for the District of Columbia for counsel in Cobell v. Nor-
ton. 
SEC. 116. The United States Fish and Wildlife Serv-
ice shall, in carrying out its responsibilities to protect 
threatened and endangered species of salmon, implement 
a system of mass marking of salmonid stocks, intended 
for harvest, that are released from Federally operated or 
Federally financed hatcheries including but not limited to 
fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily 
identified by commercial and recreational fishers. 
VerDate Aug 31 2005 
01:25 May 16, 2006
Jkt 049200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RH
H5386
rfake on PROD1PC77 with BILLS
HR 5386 RH 
SEC. 117. (a) IN GENERAL.—Nothing in section 134 
of the Department of the Interior and Related Agencies 
Appropriations Act, 2002 (115 Stat. 443) affects the deci-
sion of the United States Court of Appeals for the 10th 
Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250 
(2001). 
(b) USE OF CERTAIN INDIAN LAND.—Nothing in this 
section permits the conduct of gaming under the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land 
described in section 123 of the Department of the Interior 
and Related Agencies Appropriations Act, 2001 (114 Stat. 
944), or land that is contiguous to that land, regardless 
of whether the land or contiguous land has been taken 
into trust by the Secretary of the Interior. 
SEC. 118. No funds appropriated for the Department 
of the Interior by this Act or any other Act shall be used 
to study or implement any plan to drain Lake Powell or 
to reduce the water level of the lake below the range of 
water levels required for the operation of the Glen Canyon 
Dam. 
SEC. 119. Notwithstanding the limitation in subpara-
graph (2)(B) of section 18(a) of the Indian Gaming Regu-
latory Act (25 U.S.C. 2717(a)), in fiscal year 2008, the 
total amount of all fees imposed by the National Indian 
Gaming Commission shall not exceed $13,000,000. 
VerDate Aug 31 2005 
01:25 May 16, 2006
Jkt 049200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RH
H5386
rfake on PROD1PC77 with BILLS
HR 5386 RH 
SEC. 120. Notwithstanding any implementation of 
the Department of the Interior’s trust reorganization or 
reengineering plans, or the implementation of the ‘‘To Be’’ 
Model, funds appropriated for fiscal year 2007 shall be 
available to the tribes within the California Tribal Trust 
Reform Consortium and to the Salt River Pima-Maricopa 
Indian Community, the Confederated Salish and Kootenai 
Tribes of the Flathead Reservation and the Chippewa Cree 
Tribe of the Rocky Boys Reservation through the same 
methodology as funds were distributed in fiscal year 2003. 
This Demonstration Project shall continue to operate sep-
arate and apart from the Department of the Interior’s 
trust reform and reorganization and the Department shall 
not impose its trust management infrastructure upon or 
alter the existing trust resource management systems of 
the above referenced tribes having a self-governance com-
pact and operating in accordance with the Tribal Self-Gov-
ernance Program set forth in 25 U.S.C. 458aa–458hh. 
The California Trust Reform Consortium and any other 
participating tribe agree to carry out their responsibilities 
under the same written and implemented fiduciary stand-
ards as those being carried by the Secretary of the Inte-
rior. The Consortium shall demonstrate to the satisfaction 
of the Secretary that they have the capability to do so. 
The Department shall provide funds to the tribes in an 
VerDate Aug 31 2005 
01:25 May 16, 2006
Jkt 049200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RH
H5386
rfake on PROD1PC77 with BILLS
HR 5386 RH 
amount equal to that required by 25 U.S.C. 458cc(g)(3), 
including funds specifically or functionally related to the 
provision of trust services to the tribes or their members. 
SEC. 121. Notwithstanding any provision of law, in-
cluding 42 U.S.C. 4321 et seq., nonrenewable grazing per-
mits authorized in the Jarbidge Field Office, Bureau of 
Land Management within the past 9 years, shall be re-
newed. The Animal Unit Months authorized in any non-
renewable grazing permit between March 1, 1997, and 
February 28, 2005, shall continue in effect under the re-
newed permit. Nothing in this section shall be deemed to 
extend the renewed permit beyond the standard 1-year 
term. 
SEC. 122. Notwithstanding any other provision of 
law, the Secretary of the Interior is authorized to acquire 
lands, waters, or interests therein including the use of all 
or part of any pier, dock, or landing within the State of 
New York and the State of New Jersey, for the purpose 
of operating and maintaining facilities in the support of 
transportation and accommodation of visitors to Ellis, 
Governors, and Liberty Islands, and of other program and 
administrative activities, by donation or with appropriated 
funds, including franchise fees (and other monetary con-
sideration), or by exchange; and the Secretary is author-
ized to negotiate and enter into leases, subleases, conces-
VerDate Aug 31 2005 
01:25 May 16, 2006
Jkt 049200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RH
H5386
rfake on PROD1PC77 with BILLS
HR 5386 RH 
sion contracts or other agreements for the use of such fa-
cilities on such terms and conditions as the Secretary may 
determine reasonable. 
SEC. 123. Upon the request of the permittee for the 
Clark Mountain Allotment lands adjacent to the Mojave 
National Preserve, the Secretary shall also issue a special 
use permit for that portion of the grazing allotment lo-
cated within the Preserve. The special use permit shall be 
issued with the same terms and conditions as the most 
recently-issued permit for that allotment and the Sec-
retary shall consider the permit to be one transferred in 
accordance with section 325 of Public Law 108–108. 
SEC. 124. Notwithstanding any other provision of 
law, the National Park Service final winter use rules pub-
lished in Part VII of the Federal Register for November 
10, 2004, 69 Fed. Reg. 65348 et seq., shall be in force 
and effect for the winter use season of 2006–2007 that 
commences on or about December 15, 2006. 
SEC. 125. None of the funds in this or any other Act 
may be used to set up Centers of Excellence and Partner-
ship Skills Bank training without prior approval of the 
House and Senate Committees on Appropriations. 
VerDate Aug 31 2005 
01:25 May 16, 2006
Jkt 049200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RH
H5386
rfake on PROD1PC77 with BILLS
HR 5386 RH 
TITLE II—ENVIRONMENTAL PROTECTION 
AGENCY 
SCIENCE AND TECHNOLOGY 
For science and technology, including research and 
development activities, which shall include research and 
development activities under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980, as amended; necessary expenses for personnel and 
related costs and travel expenses, including uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901– 
5902; services as authorized by 5 U.S.C. 3109, but at 
rates for individuals not to exceed the per diem rate equiv-
alent to the maximum rate payable for senior level posi-
tions under 5 U.S.C. 5376; procurement of laboratory 
equipment and supplies; other operating expenses in sup-
port of research and development; construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to 
exceed $85,000 per project, $808,044,000, to remain 
available until September 30, 2008. 
ENVIRONMENTAL PROGRAMS AND MANAGEMENT 
For environmental programs and management, in-
cluding necessary expenses not otherwise provided for, for 
personnel and related costs and travel expenses, including 
uniforms, or allowances therefor, as authorized by 5 
U.S.C. 5901–5902; services as authorized by 5 U.S.C. 
VerDate Aug 31 2005 
01:25 May 16, 2006
Jkt 049200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RH
H5386
rfake on PROD1PC77 with BILLS