IIB 
#(Star Print) 
109TH CONGRESS 
2D SESSION 
H. R. 5386 
IN THE SENATE OF THE UNITED STATES 
MAY 19, 2006 
Received; read twice and referred to the Committee on Appropriations 
AN ACT 
Making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year 
ending September 30, 2007, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
04:16 May 23, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
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 
agencies for the fiscal year ending September 30, 2007, 
and for other purposes, namely: 
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, classi-
fication, acquisition of easements and other interests in 
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general 
administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96–487 
(16 U.S.C. 3150(a)), $867,738,000 (reduced by $1) (in-
creased by $1), 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 
$2,750,000 shall be available in fiscal year 2007 subject 
to a match by at least an equal amount by the National 
Fish and Wildlife Foundation for cost-shared projects sup-
porting conservation of Bureau lands; and such funds 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
shall be advanced 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 
Bureau and credited to this appropriation from annual 
mining claim fees so as to result in a final appropriation 
estimated 
at 
not 
more 
than 
$867,738,000, 
and 
$2,000,000, to remain available until expended, from com-
munication site rental fees established by the Bureau for 
the cost of administering communication site activities. 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for fire preparedness, sup-
pression operations, fire science and research, emergency 
rehabilitation, hazardous fuels reduction, and rural fire as-
sistance by the Department of the Interior, $769,253,000, 
to remain available until expended, of which not to exceed 
$7,338,000 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 
purposes: Provided further, That persons hired pursuant 
to 43 U.S.C. 1469 may be furnished subsistence and lodg-
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
ing without cost from funds available from this appropria-
tion: Provided further, That notwithstanding 42 U.S.C. 
1856d, sums received by a bureau or office of the Depart-
ment of the Interior for fire protection rendered pursuant 
to 42 U.S.C. 1856 et seq., protection of United States 
property, may be credited 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 designated under this title of this 
Act, the Secretary of the Interior may enter into procure-
ment contracts, grants, or cooperative agreements, for 
hazardous fuels reduction activities, 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 co-
operative agreement between the Federal Government and 
any non-Federal entity may be shared, as mutually agreed 
on by the affected parties: Provided further, That notwith-
standing requirements of the Competition in Contracting 
Act, the Secretary, for purposes of hazardous fuels reduc-
tion activities, may obtain maximum practicable competi-
tion among: (1) local private, nonprofit, or cooperative en-
tities; (2) Youth Conservation Corps crews or related part-
nerships with State, local, or non-profit youth groups; (3) 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
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 appli-
cation of the authorities provided herein: Provided further, 
That funds appropriated under this head may be used to 
reimburse the United States Fish and Wildlife Service and 
the National Marine Fisheries Service for the costs of car-
rying out their responsibilities under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
conference, as required by section 7 of such Act, in con-
nection with wildland fire management activities: Provided 
further, That the Secretary of the Interior may use 
wildland fire appropriations to enter into non-competitive 
sole source leases of real property with local governments, 
at or below fair market value, to construct capitalized im-
provements for fire facilities on such leased properties, in-
cluding but not limited to fire guard stations, retardant 
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: Provided 
further, That the Secretary of the Interior and the Sec-
retary of Agriculture may authorize the transfer of funds 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
appropriated for wildland fire management, in an aggre-
gate amount not to exceed $9,000,000, between the De-
partments when such transfers would facilitate and expe-
dite jointly funded wildland fire management programs 
and projects: Provided further, That funds provided for 
wildfire suppression shall be available for support of Fed-
eral emergency response actions. 
CONSTRUCTION 
For construction of buildings, recreation facilities, 
roads, trails, and appurtenant facilities, $11,476,000, to 
remain available until expended. 
LAND ACQUISITION 
For expenses necessary to carry out sections 205, 
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or 
interests therein, $3,067,000, 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 Or-
egon and California land-grant counties of Oregon, and 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
on adjacent rights-of-way; and acquisition of lands or in-
terests therein, including existing connecting roads on or 
adjacent to such grant lands; $111,408,000, to remain 
available until expended: Provided, That 25 percent of the 
aggregate of all receipts during the current fiscal year 
from the revested Oregon 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 Treasury in accordance with the sec-
ond paragraph of subsection (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 sal-
vage timber sales and forest ecosystem health and recovery 
activities, 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. 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of 
lands and interests therein, and improvement of Federal 
rangelands pursuant to section 401 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701), 
notwithstanding 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 improve-
ments from 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: Pro-
vided, 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 authoriza-
tions for use and disposal of public lands and resources, 
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations, 
and for rehabilitation of damaged property, such amounts 
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That, notwithstanding any provision to 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
the contrary of section 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 settlement, 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 im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which 
have been damaged by the action of a resource developer, 
purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such ac-
tion 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 
available until expended. 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Land Management 
shall be available for purchase, erection, and dismantle-
ment of temporary structures, and alteration and mainte-
nance of necessary buildings and appurtenant facilities to 
which the United States has title; up to $100,000 for pay-
ments, at the discretion of the Secretary, for information 
or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of en-
forcement activities authorized or approved by the Sec-
retary and to be accounted for solely on her certificate, 
not to exceed $10,000: Provided, That notwithstanding 44 
U.S.C. 501, the Bureau may, under cooperative cost-shar-
ing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with 
jointly produced 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. 
Section 28 of title 30, United States Code, is amend-
ed: (1) in section 28 by striking the phrase ‘‘shall com-
mence at 12 o’clock meridian on the 1st day of Sep-
tember’’ and inserting ‘‘shall commence at 12:00 ante me-
ridian on the 1st day of September’’; (2) in section 28f(a), 
by striking the phrase ‘‘for years 2004 through 2008’’; 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
and (3) in section 28g, by striking the phrase ‘‘and before 
September 30, 2008,’’. 
Refunds or rebates received on an on-going basis 
from an information technology (IT) vendor as part of the 
Bureau of Land Management (BLM) consolidated IT pro-
curements for the Department of the Interior and other 
Federal Government departments hereafter may be depos-
ited into the Management of Lands and Resources Fund 
to be used to offset BLM’s costs incurred in providing this 
service. 
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 
expenditure, contracts, grants, cooperative agreements 
and reimbursable agreements with public and private enti-
ties, $1,016,669,000, to remain available until September 
30, 2008, except as otherwise provided herein: Provided, 
That $2,500,000 is for high priority projects, which shall 
be carried out by the Youth Conservation Corps: Provided 
further, That not to exceed $17,759,000 shall be used for 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
implementing subsections (a), (b), (c), and (e) of section 
4 of the Endangered Species Act, as amended, for species 
that are indigenous to the United States (except for proc-
essing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement ac-
tions described in subsection (c)(2)(A), (c)(2)(B)(i), or 
(c)(2)(B)(ii)), of which not to exceed $12,581,000 shall 
be used for any activity regarding the designation of crit-
ical habitat, pursuant to subsection (a)(3), excluding liti-
gation support, for species listed pursuant to subsection 
(a)(1) prior to October 1, 2006: 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 infor-
mation, rewards, or evidence concerning violations of laws 
administered by the Service, and miscellaneous and emer-
gency expenses of enforcement activity, authorized or ap-
proved by the Secretary and to be accounted for solely on 
her certificate: Provided further, That of the amount pro-
vided for environmental contaminants, up to $1,000,000 
may remain available until expended for contaminant sam-
ple analyses. 
CONSTRUCTION 
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
servation, management, investigation, protection, and uti-
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
lization of fishery and wildlife resources, and the acquisi-
tion of lands and interests therein; $39,756,000, to remain 
available until expended. 
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, 
$19,751,000, to be derived from the Land and Water Con-
servation Fund and to remain available until expended: 
Provided, That none of the funds appropriated for specific 
land acquisition projects can be used to pay for any ad-
ministrative overhead, planning or other management 
costs. 
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, $15,000,000, to be derived from the 
Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided 
herein is for a Landowner Incentive Program established 
by the Secretary that provides matching, competitively 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
awarded grants to States, the District of Columbia, feder-
ally-recognized Indian tribes, Puerto Rico, Guam, the 
United States Virgin Islands, the Northern Mariana Is-
lands, and American Samoa, to establish or supplement 
existing landowner incentive programs that provide tech-
nical and financial assistance, including habitat protection 
and restoration, to private landowners for the protection 
and management of habitat to benefit federally listed, pro-
posed, 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, $7,000,000, to be derived from the 
Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided 
herein is for the Private Stewardship Grants Program es-
tablished by the Secretary to provide grants and other as-
sistance to individuals and groups engaged in private con-
servation efforts that benefit federally listed, proposed, 
candidate, or other at-risk species. 
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.), 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS
HR 5386 RFS1S 
as amended, $80,507,000 to remain available until ex-
pended, of which $20,161,000 is to be derived from the 
Cooperative Endangered Species Conservation Fund and 
$60,346,000 is to be derived from the Land and Water 
Conservation Fund. 
NATIONAL WILDLIFE REFUGE FUND 
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $14,202,000. 
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, $36,646,000, 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 Ele-
phant Conservation Act of 1997 (Public Law 105–96; 16 
U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva-
tion Act of 1994 (16 U.S.C. 5301–5306), the Great Ape 
VerDate Aug 31 2005 
03:47 May 23, 2006
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5386.RFS
H5386
bajohnson on PROD1PC69 with BILLS