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from other appropriations accounts previously transferred
for such purposes: Provided further, That any unobligated
balances remaining may be transferred to the ‘‘National
Forest System’’ account and available without further ap-
propriation to fund vegetative treatments that improve con-
dition class: Provided further, That such funds shall be
available to reimburse State and other cooperating entities
for services provided in response to wildfire and other emer-
gencies or disasters to the extent such reimbursements by
the Forest Service for non-fire emergencies are fully repaid
by the responsible emergency management agency: Provided
further, That not less than 50 percent of any unobligated
balances remaining (exclusive of amounts for hazardous
fuels reduction) at the end of fiscal year 2005 shall be trans-
ferred to the fund established pursuant to section 3 of Public
Law 71–319 (16 U.S.C. 576 et seq.) if necessary to reim-
burse the fund for unpaid past advances: Provided further,
That, notwithstanding any other provision of law,
$8,000,000 of funds appropriated under this appropriation
shall be used for Fire Science Research in support of the
Joint Fire Science Program: Provided further, That all au-
thorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the
Forest and Rangeland Research appropriation, are also
available in the utilization of these funds for Fire Science
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Research: Provided further, That funds provided shall be
available for emergency rehabilitation and restoration, haz-
ardous fuels reduction activities in the urban-wildland
interface, support to Federal emergency response, and wild-
fire suppression activities of the Forest Service: Provided
further, That of the funds provided, $281,000,000 is for haz-
ardous fuels reduction activities, $2,000,000 is for rehabili-
tation and restoration, $18,385,000 is for research activities
and to make competitive research grants pursuant to the
Forest and Rangeland Renewable Resources Research Act,
as amended (16 U.S.C. 1641 et seq.), $40,179,000 is for
State fire assistance, $7,889,000 is for volunteer fire assist-
ance, $6,974,000 is for forest health activities on Federal
lands and $4,598,000 is for forest health activities on State
and private lands: Provided further, That amounts in this
paragraph may be transferred to the ‘‘State and Private
Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and
Rangeland Research’’ accounts to fund State fire assistance,
volunteer fire assistance, forest health management, forest
and rangeland research, vegetation and watershed manage-
ment, heritage site rehabilitation, and wildlife and fish
habitat management and restoration: Provided further,
That transfers of any amounts in excess of those authorized
in this paragraph, shall require approval of the House and
Senate Committees on Appropriations in compliance with
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reprogramming procedures contained in the report accom-
panying this Act: Provided further, That funds provided
under this heading for hazardous fuels treatments may be
transferred to and made a part of the ‘‘National Forest Sys-
tem’’ account at the sole discretion of the Chief of the Forest
Service thirty days after notifying the House and the Sen-
ate Committees on Appropriations: Provided further, That
the costs of implementing any cooperative agreement be-
tween the Federal Government and any non-Federal entity
may be shared, as mutually agreed on by the affected par-
ties: Provided further, That in addition to funds provided
for State Fire Assistance programs, and subject to all au-
thorities available to the Forest Service under the State and
Private Forestry Appropriation, up to $15,000,000 may be
used on adjacent non-Federal lands for the purpose of pro-
tecting communities when hazard reduction activities are
planned on national forest lands that have the potential to
place such communities at risk: Provided further, That in-
cluded in funding for hazardous fuel reduction is
$5,000,000 for implementing the Community Forest Res-
toration Act, Public Law 106–393, title VI, and any por-
tion of such funds shall be available for use on non-Federal
lands in accordance with authorities available to the Forest
Service under the State and Private Forestry Appropria-
tion: Provided further, That the Secretary of the Interior
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and the Secretary of Agriculture may authorize the transfer
of funds appropriated for wildland fire management, in an
aggregate amount not to exceed $12,000,000, between the
Departments when such transfers would facilitate and expe-
dite jointly funded wildland fire management programs
and projects: Provided further, That of the funds provided
for hazardous fuels reduction, not to exceed $5,000,000, may
be used to make grants, using any authorities available to
the Forest Service under the State and Private Forestry ap-
propriation, for the purpose of creating incentives for in-
creased use of biomass from national forest lands.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not other-
wise provided for, $409,751,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for con-
struction, reconstruction, repair, decommissioning, and
maintenance of forest roads and trails by the Forest Service
as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101
and 205: Provided, That up to $15,000,000 of the funds
provided herein for road maintenance shall be available for
the decommissioning of roads, including unauthorized roads
not part of the transportation system, which are no longer
needed: Provided further, That no funds shall be expended
to decommission any system road until notice and an op-
portunity for public comment has been provided on each
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decommissioning project: Provided further, That of funds
provided, $3,000,000 is provided for needed rehabilitation
and restoration work at Jarbidge Canyon, Nevada: Pro-
vided further, That the Secretary of Agriculture may au-
thorize the transfer of up to $1,350,000 as necessary to the
Department of the Interior, Bureau of Land Management
and Fish and Wildlife Service when such transfers would
facilitate and expedite needed rehabilitation work on Bu-
reau of Land Management lands, and for the Fish and
Wildlife Service to implement terms and conditions identi-
fied in the Biological Opinion.
LAND ACQUISITION
For expenses necessary to carry out the provisions of
the Land and Water Conservation Fund Act of 1965, as
amended (16 U.S.C. 460l–4 through 11), including admin-
istrative expenses, and for acquisition of land or waters,
or interest therein, in accordance with statutory authority
applicable to the Forest Service, $44,925,000, to be derived
from the Land and Water Conservation Fund and to re-
main available until expended: Provided further, That, sub-
ject to valid existing rights, all land and interests in land
acquired in the Thunder Mountain area of the Payette Na-
tional Forest (including patented claims and land that are
encumbered by unpatented claims or previously appro-
priated funds under this section, or otherwise relinquished
by a private party) are withdrawn from mineral entry or
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appropriation under Federal mining laws, and from leas-
ing claims under Federal mineral and geothermal leasing
laws.’’.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
ACTS
For acquisition of lands within the exterior boundaries
of the Cache, Uinta, and Wasatch National Forests, Utah;
the Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests, Cali-
fornia, as authorized by law, $1,069,000, to be derived from
forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal govern-
ments, public school districts, or other public school authori-
ties, and for authorized expenditures from funds deposited
by non-Federal parties pursuant to Land Sale and Ex-
change Acts, pursuant to the Act of December 4, 1967, as
amended (16 U.S.C. 484a), to remain available until ex-
pended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protec-
tion, and improvement, 50 percent of all moneys received
during the prior fiscal year, as fees for grazing domestic
livestock on lands in National Forests in the 16 Western
States, pursuant to section 401(b)(1) of Public Law 94–
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579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for adminis-
trative expenses associated with on-the-ground range reha-
bilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$64,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR
SUBSISTENCE USES
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96–487), $5,067,000, to remain available until
expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of not to ex-
ceed 119 passenger motor vehicles of which 14 will be used
primarily for law enforcement purposes and of which 119
shall be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles; pur-
chase, lease, operation, maintenance, and acquisition of air-
craft from excess sources to maintain the operable fleet at
195 aircraft for use in Forest Service wildland fire pro-
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grams and other Forest Service programs; notwithstanding
other provisions of law, existing aircraft being replaced
may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed
$100,000 for employment under 5 U.S.C. 3109; (3) pur-
chase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (4) acquisition of land, wa-
ters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National For-
est Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901–5902;
and (7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to abolish any region, to move or
close any regional office for National Forest System admin-
istration of the Forest Service, Department of Agriculture
without the consent of the House and Senate Committees
on Appropriations.
Any appropriations or funds available to the Forest
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency reha-
bilitation of burned-over or damaged lands or waters under
its jurisdiction, and fire preparedness due to severe burning
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conditions upon notification of the House and Senate Com-
mittees on Appropriations and if and only if all previously
appropriated emergency contingent funds under the head-
ing ‘‘Wildland Fire Management’’ have been released by the
President and apportioned and all wildfire suppression
funds under the heading ‘‘Wildland Fire Management’’ are
obligated.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Service
in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the provi-
sions of section 702(b) of the Department of Agriculture Or-
ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b, except
that in fiscal year 2006 the Forest Service may transfer
funds to the ‘‘National Forest System’’ account from other
agency accounts to enable the agency’s law enforcement pro-
gram to pay full operating costs including overhead.
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None of the funds available to the Forest Service may
be reprogrammed without the advance approval of the
House and Senate Committees on Appropriations in ac-
cordance with the reprogramming procedures contained in
the report accompanying this Act.
Not more than $72,646,000 of funds available to the
Forest Service may be transferred to the Working Capital
Fund of the Department of Agriculture. Nothing in this sec-
tion shall prohibit or limit the use of reimbursable agree-
ments requested by the Forest Service in order to obtain
services from the Department of Agriculture’s National In-
formation Technology Center.
Funds available to the Forest Service shall be available
to conduct a program of not less than $2,500,000 for high
priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official recep-
tion and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law
101–593, of the funds available to the Forest Service,
$3,300,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects
in support of the Forest Service mission, without regard
to when the Foundation incurs expenses, for administrative
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HR 2361 EAS
expenses or projects on or benefitting National Forest Sys-
tem lands or related to Forest Service programs: Provided,
That of the Federal funds made available to the Founda-
tion, no more than $350,000 shall be available for adminis-
trative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial
assistance, private contributions to match on at least one-
for-one basis funds made available by the Forest Service:
Provided further, That the Foundation may transfer Fed-
eral funds to a non-Federal recipient for a project at the
same rate that the recipient has obtained the non-Federal
matching funds: Provided further, That authorized invest-
ments of Federal funds held by the Foundation may be
made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701–
3709, and may be advanced in a lump sum to aid conserva-
tion partnership projects in support of the Forest Service
mission, without regard to when expenses are incurred, for
projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the
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Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds advanced by the Forest Service:
Provided further, That the Foundation may transfer Fed-
eral funds to a non-Federal recipient for a project at the
same rate that the recipient has obtained the non-Federal
matching funds.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural develop-
ment purposes.
Funds appropriated to the Forest Service shall be
available for payments to counties within the Columbia
River Gorge National Scenic Area, pursuant to sections
14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
663.
Notwithstanding any other provision of law, any ap-
propriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of
the General Counsel (OGC), Department of Agriculture, for
travel and related expenses incurred as a result of OGC as-
sistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land pur-
chase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service
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and the Department of Agriculture should clearly display
the sums previously transferred and the requested funding
transfers.
Any appropriations or funds available to the Forest
Service may be used for necessary expenses in the event of
law enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That
such amounts shall not exceed $1,000,000.
An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965
(42 U.S.C. 3056 et seq.) and administered by the Forest
Service shall be considered to be a Federal employee for pur-
poses of chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may be
used to meet the non-Federal share requirement in section
502(c) of the Older American Act of 1965 (42 U.S.C.
3056(c)(2)).
Funds available to the Forest Service in this Act may
be used for the purpose of expenses associated with primary
and secondary schooling for dependents of agency personnel
stationed in Puerto Rico prior to the date of enactment of
this Act, who are subject to transfer and reassignment to
other locations in the United States, at a cost not in excess
of those authorized for the Department of Defense for the
same area, when it is determined by the Chief of the Forest
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Service that public schools available in the locality are un-
able to provide adequately for the education of such depend-
ents.
In support of management of the National Wildlife
Refuge System, Lot 6C of United States Survey 2538–A,
containing 2.39 acres and the residential triplex situated
thereon, located in Kodiak, Alaska, is hereby transferred
from the USDA Forest Service to the U.S. Fish and Wildlife
Service.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August
5, 1954 (68 Stat. 674), the Indian Self-Determination Act,
the Indian Health Care Improvement Act, and titles II and
III of the Public Health Service Act with respect to the In-
dian Health Service, $2,732,323,000, together with pay-
ments received during the fiscal year pursuant to 42 U.S.C.
238(b) for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25
U.S.C. 450), shall be deemed to be obligated at the time
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of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal
year limitation: Provided further, That up to $18,000,000
shall remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That
$507,021,000 for contract medical care shall remain avail-
able for obligation until September 30, 2007: Provided fur-
ther, That of the funds provided, up to $27,000,000, to re-
main available until expended, shall be used to carry out
the loan repayment program under section 108 of the In-
dian Health Care Improvement Act: Provided further, That
funds provided in this Act may be used for one-year con-
tracts and grants which are to be performed in two fiscal
years, so long as the total obligation is recorded in the year
for which the funds are appropriated: Provided further,
That the amounts collected by the Secretary of Health and
Human Services under the authority of title IV of the In-
dian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act (exclusive of planning,
design, or construction of new facilities): Provided further,
That funding contained herein, and in any earlier appro-
priations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall re-
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HR 2361 EAS
main available until expended: Provided further, That
amounts received by tribes and tribal organizations under
title IV of the Indian Health Care Improvement Act shall
be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided
further, That, notwithstanding any other provision of law,
of the amounts provided herein, not to exceed $268,683,000
shall be for payments to tribes and tribal organizations for
contract or grant support costs associated with contracts,
grants, self-governance compacts or annual funding agree-
ments between the Indian Health Service and a tribe or
tribal organization pursuant to the Indian Self-Determina-
tion Act of 1975, as amended, prior to or during fiscal year
2006, of which not to exceed $5,000,000 may be used for
contract support costs associated with new or expanded self-
determination contracts, grants, self-governance compacts
or annual funding agreements: Provided further, That the
Bureau of Indian Affairs may collect from the Indian
Health Service and tribes and tribal organizations oper-
ating health facilities pursuant to Public Law 93–638 such
individually identifiable health information relating to dis-
abled children as may be necessary for the purpose of car-
rying out its functions under the Individuals with Dis-
ability Education Act, 20 U.S.C. 1400, et seq.: Provided
further, That of the amounts provided to the Indian Health
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HR 2361 EAS
Service, $15,000,000 is provided for alcohol control, enforce-
ment, prevention, treatment, sobriety and wellness, and
education in Alaska, to be distributed in accordance with
the instruction provided in the committee report accom-
panying this Act: Provided further, That none of the funds
may be used for tribal courts or tribal ordinance programs
or any program that is not directly related to alcohol con-
trol, enforcement, prevention, treatment, or sobriety: Pro-
vided further, That no more than 15 percent may be used
by any entity receiving funding for administrative overhead
including indirect costs.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities, in-
cluding quarters for personnel; preparation of plans, speci-
fications, and drawings; acquisition of sites, purchase and
erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
mination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with re-
spect to environmental health and facilities support activi-
ties of the Indian Health Service, $335,643,000, to remain
available until expended: Provided, That notwithstanding
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any other provision of law, funds appropriated for the plan-
ning, design, construction or renovation of health facilities
for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge
health or related facilities: Provided further, That not to
exceed $500,000 shall be used by the Indian Health Service
to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States De-
partment of Housing and Urban Development: Provided
further, That not to exceed $1,000,000 from this account
and the ‘‘Indian Health Services’’ account shall be used by
the Indian Health Service to obtain ambulances for the In-
dian Health Service and tribal facilities in conjunction
with an existing interagency agreement between the Indian
Health Service and the General Services Administration:
Provided further, That notwithstanding any other provision
of law, the Indian Health Service is authorized to construct
a replacement health care facility in Nome, Alaska, on land
owned by the Norton Sound Health Corporation: Provided
further, That not to exceed $500,000 shall be placed in a
Demolition Fund, available until expended, to be used by
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the Indian Health Service for demolition of Federal build-
ings.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular build-
ings and renovation of existing facilities; payments for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and
for uniforms or allowances therefor as authorized by 5
U.S.C. 5901–5902; and for expenses of attendance at meet-
ings which are concerned with the functions or activities
for which the appropriation is made or which will con-
tribute to improved conduct, supervision, or management
of those functions or activities.
In accordance with the provisions of the Indian Health
Care Improvement Act, non-Indian patients may be ex-
tended health care at all tribally administered or Indian
Health Service facilities, subject to charges, and the pro-
ceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651–2653) shall be credited
to the account of the facility providing the service and shall
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HR 2361 EAS
be available without fiscal year limitation. Notwith-
standing any other law or regulation, funds transferred
from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under
Public Law 86–121 (the Indian Sanitation Facilities Act)
and Public Law 93–638, as amended.
Funds appropriated to the Indian Health Service in
this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation.
None of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or
charges by the Department of Health and Human Services
unless identified in the budget justification and provided
in this Act, or approved by the House and Senate Commit-
tees on Appropriations through the reprogramming process.
Personnel ceilings may not be imposed on the Indian
Health Service nor may any action be taken to reduce the
full time equivalent level of the Indian Health Service below
the level in fiscal year 2002 adjusted upward for the staffing
of new and expanded facilities, funding provided for staff-
ing at the Lawton, Oklahoma hospital in fiscal years 2003
and 2004, critical positions not filled in fiscal year 2002,
and staffing necessary to carry out the intent of Congress
with regard to program increases.
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Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement author-
ized by title I or title V of the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450), may
be deobligated and reobligated to a self-determination con-
tract under title I, or a self-governance agreement under
title V of such Act and thereafter shall remain available
to the tribe or tribal organization without fiscal year limi-
tation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987,
by the Department of Health and Human Services, relating
to the eligibility for the health care services of the Indian
Health Service until the Indian Health Service has sub-
mitted a budget request reflecting the increased costs associ-
ated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services
to those entities, on a reimbursable basis, including pay-
ment in advance with subsequent adjustment. The reim-
bursements received therefrom, along with the funds received
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HR 2361 EAS
from those entities pursuant to the Indian Self-Determina-
tion Act, may be credited to the same or subsequent appro-
priation account which provided the funding. Such
amounts shall remain available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical
assistance.
The appropriation structure for the Indian Health
Service may not be altered without advance notification to
the House and Senate Committees on Appropriations.
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities
set forth in section 311(a) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980,
as amended, and section 126(g) of the Superfund Amend-
ments and Reauthorization Act of 1986, $80,289,000.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Sub-
stances and Disease Registry (ATSDR) in carrying out ac-
†
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tivities set forth in sections 104(i), 111(c)(4), and
111(c)(14) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), as
amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and sec-
tion 3019 of the Solid Waste Disposal Act, as amended,
$76,024,000, of which up to $1,500,000, to remain available
until expended, is for Individual Learning Accounts for
full-time equivalent employees of the Agency for Toxic Sub-
stances and Disease Registry: Provided, That notwith-
standing any other provision of law, in lieu of performing
a health assessment under section 104(i)(6) of CERCLA,
the Administrator of ATSDR may conduct other appro-
priate health studies, evaluations, or activities, including,
without limitation, biomedical testing, clinical evaluations,
medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such
health assessment or health study, evaluation, or activity,
the Administrator of ATSDR shall not be bound by the
deadlines in section 104(i)(6)(A) of CERCLA: Provided fur-
ther, That none of the funds appropriated under this head-
ing shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2006, and existing profiles may be up-
dated as necessary.
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OTHER RELATED AGENCIES
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned
to the Council on Environmental Quality and Office of En-
vironmental Quality pursuant to the National Environ-
mental Policy Act of 1969, the Environmental Quality Im-
provement Act of 1970, and Reorganization Plan No. 1 of
1977, and not to exceed $750 for official reception and rep-
resentation expenses, $2,717,000: Provided, That notwith-
standing section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, ap-
pointed by the President, by and with the advice and con-
sent of the Senate, serving as chairman and exercising all
powers, functions, and duties of the Council.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pur-
suant to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901–5902, and for serv-
ices authorized by 5 U.S.C. 3109 but at rates for individ-
uals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
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$9,200,000: Provided, That the Chemical Safety and Haz-
ard Investigation Board (Board) shall have not more than
three career Senior Executive Service positions: Provided
further, That notwithstanding any other provision of law,
the individual appointed to the position of Inspector Gen-
eral of the Environmental Protection Agency (EPA) shall,
by virtue of such appointment, also hold the position of In-
spector General of the Board: Provided further, That not-
withstanding any other provision of law, the Inspector Gen-
eral of the Board shall utilize personnel of the Office of In-
spector General of EPA in performing the duties of the In-
spector General of the Board, and shall not appoint any
individuals to positions within the Board.
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $8,601,000, to remain available until expended: Pro-
vided, That funds provided in this or any other appropria-
tions Act are to be used to relocate eligible individuals and
groups including evictees from District 6, Hopi-partitioned
lands residents, those in significantly substandard housing,
and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by
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the Office of Navajo and Hopi Indian Relocation to evict
any single Navajo or Navajo family who, as of November
30, 1985, was physically domiciled on the lands partitioned
to the Hopi Tribe unless a new or replacement home is pro-
vided for such household: Provided further, That no
relocatee will be provided with more than one new or re-
placement home: Provided further, That the Office shall re-
locate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation
or selected a replacement residence off the Navajo reserva-
tion or on the land acquired pursuant to 25 U.S.C. 640d–
10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and
Alaska Native Culture and Arts Development, as authorized
by title XV of Public Law 99–498, as amended (20 U.S.C.
56 part A), $6,300,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution,
as authorized by law, including research in the fields of art,
science, and history; development, preservation, and docu-
mentation of the National Collections; presentation of pub-
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lic exhibits and performances; collection, preparation, dis-
semination, and exchange of information and publications;
conduct of education, training, and museum assistance pro-
grams; maintenance, alteration, operation, lease (for terms
not to exceed 30 years), and protection of buildings, facili-
ties, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to five replacement pas-
senger vehicles; purchase, rental, repair, and cleaning of
uniforms for employees, $524,135,000, of which not to ex-
ceed $10,992,000 for the instrumentation program, collec-
tions acquisition, exhibition reinstallation, the National
Museum of African American History and Culture, and the
repatriation of skeletal remains program shall remain
available until expended; and of which $9,086,000 for the
reopening of the Patent Office Building and for fellowships
and scholarly awards shall remain available until Sep-
tember 30, 2007; and including such funds as may be nec-
essary to support American overseas research centers and
a total of $125,000 for the Council of American Overseas
Research Centers: Provided, That funds appropriated here-
in are available for advance payments to independent con-
tractors performing research services or participating in of-
ficial Smithsonian presentations: Provided further, That
the Smithsonian Institution may expend Federal appro-
priations designated in this Act for lease or rent payments
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for long term and swing space, as rent payable to the
Smithsonian Institution, and such rent payments may be
deposited into the general trust funds of the Institution to
the extent that federally supported activities are housed in
the 900 H Street, N.W. building in the District of Colum-
bia: Provided further, That this use of Federal appropria-
tions shall not be construed as debt service, a Federal guar-
antee of, a transfer of risk to, or an obligation of, the Fed-
eral Government: Provided further, That no appropriated
funds may be used to service debt which is incurred to fi-
nance the costs of acquiring the 900 H Street building or
of planning, designing, and constructing improvements to
such building.
FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithso-
nian Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for 
construction, 
including 
necessary 
personnel,
$100,000,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5
U.S.C. 3109: Provided, That contracts awarded for environ-
mental systems, protection systems, and repair or restora-
tion of facilities of the Smithsonian Institution may be ne-
gotiated with selected contractors and awarded on the basis
of contractor qualifications as well as price.
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NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery
of Art, the protection and care of the works of art therein,
and administrative expenses incident thereto, as authorized
by the Act of March 24, 1937 (50 Stat. 51), as amended
by the public resolution of April 13, 1939 (Public Resolu-
tion 9, Seventy-sixth Congress), including services as au-
thorized by 5 U.S.C. 3109; payment in advance when au-
thorized by the treasurer of the Gallery for membership in
library, museum, and art associations or societies whose
publications or services are available to members only, or
to members at a price lower than to the general public; pur-
chase, repair, and cleaning of uniforms for guards, and uni-
forms, or allowances therefor, for other employees as author-
ized by law (5 U.S.C. 5901–5902); purchase or rental of
devices and services for protecting buildings and contents
thereof, and maintenance, alteration, improvement, and re-
pair of buildings, approaches, and grounds; and purchase
of services for restoration and repair of works of art for
the National Gallery of Art by contracts made, without ad-
vertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $96,600,000, of which not to ex-