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.
For each fiscal year through 2009, the Secretary of
Agriculture may transfer or reimburse funds available to
the Forest Service, not to exceed $15,000,000, to the Sec-
retary of the Interior or the Secretary of Commerce to
expedite conferencing and consultations as required under
section 7 of the Endangered Species Act, 16 U.S.C. 1536.
The amount of the transfer or reimbursement shall be as
mutually agreed by the Secretary of Agriculture and the
Secretary of the Interior or Secretary of Commerce, as
applicable, or their designees. The amount shall in no case
exceed the actual costs of consultation and conferencing.
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
purposes 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 sec-
tion 502(c) of the Older American Act of 1965 (42 U.S.C.
3056(c)(2)).
DEPARTMENT OF ENERGY
CLEAN COAL TECHNOLOGY
(DEFERRAL)
Of the funds made available under this heading for
obligation in prior years, $237,000,000 shall not be avail-
able until October 1, 2005, Provided, That funds made
available in previous appropriations Acts shall be available
for any ongoing project regardless of the separate request
for proposal under which the project was selected: Pro-
vided further, That of the funds made available in prior
year appropriations under this heading, up to $18,000,000
shall be available in fiscal year 2005 for FutureGen, with-
out regard to the terms and conditions applicable to clean
coal technology projects: Provided further, That the initial
planning and research stages of the FutureGen project
shall include a matching requirement from non-Federal
sources of at least 20 percent of the costs: Provided fur-
ther, That any demonstration component of such project
shall include a matching requirement from non-Federal
sources of at least 50 percent of the costs of the compo-
nent.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out fossil energy
research and development activities, under the authority
of the Department of Energy Organization Act (Public
Law 95–91), including the acquisition of interest, includ-
ing defeasible and equitable interests in any real property
or any facility or for plant or facility acquisition or expan-
sion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing,
use, and disposal of mineral substances without objection-
able social and environmental costs (30 U.S.C. 3, 1602,
and 1603), $601,875,000, to remain available until ex-
pended, of which $4,000,000 is to continue a multi-year
project for construction, renovation, furnishing, and demo-
lition or removal of buildings at National Energy Tech-
nology Laboratory facilities in Morgantown, West Virginia
and Pittsburgh, Pennsylvania; and of which $105,000,000
is available, after coordination with the private sector, for
a request for proposals for a Clean Coal Power Initiative
providing for competitively-awarded research, develop-
ment, and demonstration projects to reduce the barriers
to continued and expanded coal use: Provided further,
That no project may be selected for which sufficient fund-
ing is not available to provide for the total project: Pro-
vided further, That funds shall be expended in accordance
with the provisions governing the use of funds contained
under the heading ‘‘Clean Coal Technology’’ in 42 U.S.C.
5903d: Provided further, That the Department may in-
clude provisions for repayment of Government contribu-
tions to individual projects in an amount up to the Govern-
ment contribution to the project on terms and conditions
that are acceptable to the Department including repay-
ments from sale and licensing of technologies from both
domestic and foreign transactions: Provided further, That
such repayments shall be retained by the Department for
future coal-related research, development and demonstra-
tion projects: Provided further, That any technology se-
lected under this program shall be considered a Clean Coal
Technology, and any project selected under this program
shall be considered a Clean Coal Technology Project, for
the purposes of 42 U.S.C. 7651n, and Chapters 51, 52,
and 60 of title 40 of the Code of Federal Regulations:
Provided further, That no part of the sum herein made
available shall be used for the field testing of nuclear ex-
plosives in the recovery of oil and gas: Provided further,
That up to 4 percent of program direction funds available
to the National Energy Technology Laboratory may be
used to support Department of Energy activities not in-
cluded in this account.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For expenses necessary to carry out naval petroleum
and oil shale reserve activities, $18,000,000, to remain
available until expended: Provided, That, notwithstanding
any other provision of law, unobligated funds remaining
from prior years shall be available for all naval petroleum
and oil shale reserve activities.
ELK HILLS SCHOOL LANDS FUND
For necessary expenses in fulfilling installment pay-
ments under the Settlement Agreement entered into by
the United States and the State of California on October
11, 1996, as authorized by section 3415 of Public Law
104–106, $36,000,000, to become available on October 1,
2005 for payment to the State of California for the State
Teachers’ Retirement Fund from the Elk Hills School
Lands Fund.
ENERGY CONSERVATION
For necessary expenses in carrying out energy con-
servation activities, $656,071,000, to remain available
until expended, of which $45,098,000 shall be for State
energy program grants.
STRATEGIC PETROLEUM RESERVE
For necessary expenses for Strategic Petroleum Re-
serve facility development and operations and program
management activities pursuant to the Energy Policy and
Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), $172,100,000, to remain available until expended.
NORTHEAST HOME HEATING OIL RESERVE
For necessary expenses for Northeast Home Heating
Oil Reserve storage, operations, and management activi-
ties pursuant to the Energy Policy and Conservation Act
of 2000, $5,000,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For necessary expenses in carrying out the activities
of the Energy Information Administration, $85,000,000,
to remain available until expended.
ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY
Appropriations under this Act for the current fiscal
year shall be available for hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase, re-
pair, and cleaning of uniforms; and reimbursement to the
General Services Administration for security guard serv-
ices.
From appropriations under this Act, transfers of
sums may be made to other agencies of the Government
for the performance of work for which the appropriation
is made.
None of the funds made available to the Department
of Energy under this Act shall be used to implement or
finance authorized price support or loan guarantee pro-
grams unless specific provision is made for such programs
in an appropriations Act.
The Secretary is authorized to accept lands, build-
ings, equipment, and other contributions from public and
private sources and to prosecute projects in cooperation
with other agencies, Federal, State, private or foreign:
Provided, That revenues and other moneys received by or
for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects
of the Department appropriated under this Act may be
retained by the Secretary of Energy, to be available until
expended, and used only for plant construction, operation,
costs, and payments to cost-sharing entities as provided
in appropriate cost-sharing contracts or agreements: Pro-
vided further, That the remainder of revenues after the
making of such payments shall be covered, into the Treas-
ury as miscellaneous receipts: Provided further, That any
contract, agreement, or provision thereof entered into by
the Secretary pursuant to this authority shall not be exe-
cuted prior to the expiration of 30 calendar days (not in-
cluding any day in which either House of Congress is not
in session because of adjournment of more than 3 calendar
days to a day certain) from the receipt by the Speaker
of the House of Representatives and the President of the
Senate of a full comprehensive report on such project, in-
cluding the facts and circumstances relied upon in support
of the proposed project.
No funds provided in this Act may be expended by
the Department of Energy to prepare, issue, or process
procurement documents for programs or projects for
which appropriations have not been made.
In addition to other authorities set forth in this Act,
the Secretary may accept fees and contributions from pub-
lic and private sources, to be deposited in a contributed
funds account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State or
private agencies or concerns.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $2,628,322,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made avail-
able to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Edu-
cation Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe
or tribal organization without fiscal year limitation: Pro-
vided further, That up to $18,000,000 shall remain avail-
able until expended, for the Indian Catastrophic Health
Emergency Fund: Provided further, That $479,085,000
for contract medical care shall remain available for obliga-
tion until September 30, 2006: Provided further, That of
the funds provided, up to $27,000,000 to remain available
until expended, shall be used to carry out the loan repay-
ment program under section 108 of the Indian Health
Care Improvement Act: Provided further, That funds pro-
vided in this Act may be used for one-year contracts 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): Pro-
vided further, That funding contained herein, and in any
earlier appropriations Acts for scholarship programs
under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Pro-
vided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Im-
provement 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 $267,398,000 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 agreements between the In-
dian Health Service and a tribe or tribal organization pur-
suant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2005, of which
not to exceed $2,500,000 may be used for contract sup-
port costs associated with new or expanded self-determina-
tion contracts, grants, self-governance compacts or annual
funding agreements: Provided further, That funds avail-
able for the Indian Health Care Improvement Fund may
be used, as needed, to carry out activities typically funded
under the Indian Health Facilities account.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Im-
provement Act, and for expenses necessary to carry out
such Acts and titles II and III of the Public Health Serv-
ice Act with respect to environmental health and facilities
support 
activities 
of 
the 
Indian 
Health 
Service,
$405,048,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
funds appropriated for the planning, design, construction
or renovation of health facilities for the benefit of an In-
dian tribe or tribes may be used to purchase land for sites
to construct, improve, or enlarge health or related facili-
ties: 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 appro-
priated to the Indian Health Service may be used for sani-
tation 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
Indian Health Service and tribal facilities in conjunction
with an existing interagency agreement between the In-
dian Health Service and the General Services Administra-
tion: Provided further, That not to exceed $500,000 shall
be placed in a Demolition Fund, available until expended,
to be used by the Indian Health Service for demolition
of Federal buildings: Provided further, That up to
$2,700,000 may be used for the purchase of up to 27 acres
at two sites for the construction of the northern and
southern California Youth Regional Treatment Centers
subject to advance approval from the House and Senate
Committees on Appropriations.
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 equiva-
lent 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
buildings and renovation of existing facilities; payments
for telephone service in private residences in the field,
when authorized under regulations approved by the Sec-
retary; and for uniforms or allowances therefor as author-
ized by 5 U.S.C. 5901–5902; and for expenses of attend-
ance at meetings which are concerned with the functions
or activities for which the appropriation is made or which
will contribute to improved conduct, supervision, or man-
agement of those functions or activities.
In accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or In-
dian Health Service facilities, subject to charges, and the
proceeds 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 be available without fiscal year limitation.
Notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Devel-
opment to the Indian Health Service shall be administered
under Public Law 86–121 (the Indian Sanitation Facili-
ties 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 assess-
ments or charges by the Department of Health and
Human Services unless identified in the budget justifica-
tion and provided in this Act, or approved by the House
and Senate Committees on Appropriations through the re-
programming process. Personnel ceilings may not be im-
posed 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 fa-
cilities, funding provided for staffing at the Lawton, Okla-
homa hospital in fiscal years 2003 and 2004, critical posi-
tions not filled in fiscal year 2002, and staffing necessary
to carry out the intent of Congress with regard to program
increases.
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 au-
thorized by title I or title III 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 contract 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 limitation.
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 Serv-
ices, relating to the eligibility for the health care services
of the Indian Health Service until the Indian Health Serv-
ice has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such re-
quest has been included in an appropriations Act and en-
acted 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 re-
ceived from those entities pursuant to the Indian Self-De-
termination Act, may be credited to the same or subse-
quent appropriation 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 tech-
nical assistance.
The Indian Health Service may purchase 8.5 acres
of land for expansion of parking facilities at the W.W.
Hastings hospital in Tahlequah, Oklahoma using third
party collections subject to advance approval from the
House and Senate Committees on Appropriations.
The appropriation structure for the Indian Health
Service may not be altered without advance approval of
the House and Senate Committees on Appropriations.
OTHER RELATED AGENCIES
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, $11,000,000, to remain available until expended:
Provided, That funds provided in this or any other appro-
priations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-parti-
tioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not in-
cluded in the preceding categories: Provided further, That
none of the funds contained in this or any other Act may
be used by the Office of Navajo and Hopi Indian Reloca-
tion 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 re-
placement home is provided for such household: Provided
further, That no relocatee will be provided with more than
one new or replacement home: Provided further, That the
Office shall relocate any certified eligible relocatees who
have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off
the Navajo reservation 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 author-
ized by title XV of Public Law 99–498, as amended (20
U.S.C. 56 part A), $6,000,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institu-
tion, as authorized by law, including research in the fields
of art, science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease
(for terms not to exceed 30 years), and protection of build-
ings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; up to five
replacement passenger vehicles; purchase, rental, repair,
and cleaning of uniforms for employees, $496,925,000, of
which not to exceed $11,108,000 for the instrumentation
program, collections 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
$1,620,000 for fellowships and scholarly awards shall re-
main available until September 30, 2006; and including
such funds as may be necessary to support American over-
seas research centers and a total of $125,000 for the
Council of American Overseas Research Centers: Provided,
That funds appropriated herein are available for advance
payments to independent contractors performing research
services or participating in official Smithsonian presen-
tations: Provided further, That the Smithsonian Institu-
tion may expend Federal appropriations designated in this
Act for lease or rent payments 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 Columbia: Provided further,
That this use of Federal appropriations shall not be con-
strued as debt service, a Federal guarantee of, a transfer
of risk to, or an obligation of, the Federal Government:
Provided further, That no appropriated funds may be used
to service debt which is incurred to finance the costs of
acquiring the 900 H Street building or of planning, de-
signing, 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,
$122,900,000, 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
environmental systems, protection systems, and repair or
restoration of facilities of the Smithsonian Institution may
be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price: Pro-
vided further, That balances from amounts previously ap-
propriated under the headings ‘‘Repair, Restoration and
100
Alteration of Facilities’’ and ‘‘Construction’’ shall be
transferred to and merged with this appropriation and
shall remain until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN
INSTITUTION
None of the funds in this or any other Act may be
used to make any changes to the existing Smithsonian
science programs including closure of facilities, relocation
of staff or redirection of functions and programs without
approval from the Board of Regents of recommendations
received from the Science Commission.
None of the funds in this or any other Act may be
used to initiate the design for any proposed expansion of
current space or new facility without consultation with the
House and Senate Appropriations Committees.
None of the funds in this or any other Act may be
used for the Holt House located at the National Zoological
Park in Washington, D.C., unless identified as repairs to
minimize water damage, monitor structure movement, or
provide interim structural support.
None of the funds available to the Smithsonian may
be reprogrammed without the advance written approval of
the House and Senate Committees on Appropriations in
accordance with the reprogramming procedures contained
in the statement of the managers accompanying this Act.
101
None of the funds in this or any other Act may be
used to purchase any additional buildings without prior
consultation with the House and Senate Committees on
Appropriations.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gal-
lery 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 Resolution 9, Seventy-sixth Congress), including
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized 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; purchase, repair, and cleaning of uniforms
for guards, and uniforms, or allowances therefor, for other
employees as authorized by law (5 U.S.C. 5901–5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alter-
ation, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
102
contracts made, without advertising, with individuals,
firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem prop-
er, $93,000,000, of which not to exceed $3,026,000 for
the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $11,100,000, to remain available
until expended: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art
may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER FOR THE PERFORMING
ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, mainte-
nance and security of the John F. Kennedy Center for
the Performing Arts, $17,152,000.
103
JOHN F. KENNEDY CENTER FOR THE PERFORMING
ARTS
CONSTRUCTION
For necessary expenses for capital repair and restora-
tion of the existing features of the building and site of
the John F. Kennedy Center for the Performing Arts,
$10,000,000, to remain available until expended.
WOODROW WILSON INTERNATIONAL CENTER FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
1356) including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $8,987,000.
NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $130,972,000, shall be available to the Na-
tional Endowment for the Arts for the support of projects
and productions in the arts through assistance to organi-
zations and individuals pursuant to sections 5(c) and 5(g)
of the Act, including $22,000,000 for support of arts edu-
104
cation and public outreach activities through the Chal-
lenge America program, for program support, and for ad-
ministering the functions of the Act, to remain available
until expended: Provided, That funds previously appro-
priated to the National Endowment for the Arts ‘‘Match-
ing Grants’’ account and ‘‘Challenge America’’ account
may be transferred to and merged with this account.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965,
as amended, $125,877,000, shall be available to the Na-
tional Endowment for the Humanities for support of ac-
tivities in the humanities, pursuant to section 7(c) of the
Act, and for administering the functions of the Act, to
remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act
of 1965, as amended, $16,122,000, to remain available
until expended, of which $10,436,000 shall be available
to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropria-
tion shall be available for obligation only in such amounts
as may be equal to the total amounts of gifts, bequests,
and devises of money, and other property accepted by the
106
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing
a Commission of Fine Arts (40 U.S.C. 104), $1,793,000:
Provided, That the Commission is authorized to charge
fees to cover the full costs of its publications, and such
fees shall be credited to this account as an offsetting col-
lection, to remain available until expended without further
appropriation.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law
99–190 (20 U.S.C. 956(a)), as amended, $7,000,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on
Historic Preservation (Public Law 89–665, as amended),
$4,600,000: Provided, That none of these funds shall be
available for compensation of level V of the Executive
Schedule or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the Na-
tional Capital Planning Act of 1952 (40 U.S.C. 71–71i),
including services as authorized by 5 U.S.C. 3109,
$7,999,000: Provided, That one-quarter of one percent of
the funds provided under this heading may be used for
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official reception and representational expenses to host
international visitors engaged in the planning and physical
development of world capitals.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106–292 (36 U.S.C. 2301–
2310), $41,433,000, of which $1,900,000 for the muse-
um’s repair and rehabilitation program and $1,264,000
for the museum’s exhibitions program shall remain avail-
able until expended.
PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Om-
nibus Parks and Public Lands Management Act of 1996,
$20,000,000 shall be available to the Presidio Trust, to
remain available until expended.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
108
SEC. 302. No part of any appropriation contained in
this Act shall be available for any activity or the publica-
tion or distribution of literature that in any way tends to
promote public support or opposition to any legislative
proposal on which congressional action is not complete.
SEC. 303. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 304. None of the funds provided in this Act to
any department or agency shall be obligated or expended
to provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department
or agency except as otherwise provided by law.
SEC. 305. No assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the Committees on Appropria-
tions and are approved by such committees.
SEC. 306. None of the funds in this Act may be used
to plan, prepare, or offer for sale timber from trees classi-
fied as giant sequoia (Sequoiadendron giganteum) which
are located on National Forest System or Bureau of Land
Management lands in a manner different than such sales
were conducted in fiscal year 2004.
109
SEC. 307. (a) LIMITATION OF FUNDS.—None of the
funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended to accept or
process applications for a patent for any mining or mill
site claim located under the general mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a)
shall not apply if the Secretary of the Interior determines
that, for the claim concerned: (1) a patent application was
filed with the Secretary on or before September 30, 1994;
and (2) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331,
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and
37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that
date.
(c) REPORT.—On September 30, 2005, the Secretary
of the Interior shall file with the House and Senate Com-
mittees on Appropriations and the Committee on Re-
sources of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate
a report on actions taken by the Department under the
plan submitted pursuant to section 314(c) of the Depart-
110
ment of the Interior and Related Agencies Appropriations
Act, 1997 (Public Law 104-208).
(d) MINERAL EXAMINATIONS.—In order to process
patent applications in a timely and responsible manner,
upon the request of a patent applicant, the Secretary of
the Interior shall allow the applicant to fund a qualified
third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent appli-
cation as set forth in subsection (b). The Bureau of Land
Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
SEC. 308. Notwithstanding any other provision of
law, amounts appropriated to or earmarked in committee
reports for the Bureau of Indian Affairs and the Indian
Health Service by Public Laws 103–138, 103–332, 104–
134, 104–208, 105–83, 105–277, 106–113, 106–291,
107–63, 108–7, and 108–108 for payments to tribes and
tribal organizations for contract support costs associated
with self-determination or self-governance contracts,
grants, compacts, or annual funding agreements with the
Bureau of Indian Affairs or the Indian Health Service as
funded by such Acts, are the total amounts available for
111
fiscal years 1994 through 2004 for such purposes, except
that, for the Bureau of Indian Affairs, tribes and tribal
organizations may use their tribal priority allocations for
unmet indirect costs of ongoing contracts, grants, self-gov-
ernance compacts or annual funding agreements.
SEC. 309. Of the funds provided to the National En-
dowment for the Arts—
(1) The Chairperson shall only award a grant
to an individual if such grant is awarded to such in-
dividual for a literature fellowship, National Herit-
age Fellowship, or American Jazz Masters Fellow-
ship.
(2) The Chairperson shall establish procedures
to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency,
or regional group, may be used to make a grant to
any other organization or individual to conduct ac-
tivity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support
to a group, unless the application is specific to the
contents of the season, including identified programs
and/or projects.
112
SEC. 310. Through fiscal year 2009, the National
Endowment for the Arts and the National Endowment for
the Humanities are authorized to solicit, accept, receive,
and invest in the name of the United States, gifts, be-
quests, or devises of money and other property or services
and to use such in furtherance of the functions of the Na-
tional Endowment for the Arts and the National Endow-
ment for the Humanities. Any proceeds from such gifts,
bequests, or devises, after acceptance by the National En-
dowment for the Arts or the National Endowment for the
Humanities, shall be paid by the donor or the representa-
tive of the donor to the Chairman. The Chairman shall
enter the proceeds in a special interest-bearing account to
the credit of the appropriate endowment for the purposes
specified in each case.
SEC. 311. The section shall apply for fiscal years
2005 through 2009. (a) In providing services or awarding
financial assistance under the National Foundation on the
Arts and the Humanities Act of 1965 from funds appro-
priated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for
projects, productions, workshops, or programs that serve
underserved populations.
(b) In this section:
113
(1) The term ‘‘underserved population’’ means
a population of individuals, including urban minori-
ties, who have historically been outside the purview
of arts and humanities programs due to factors such
as a high incidence of income below the poverty line
or to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) applicable to a family of
the size involved.
(c) In providing services and awarding financial as-
sistance under the National Foundation on the Arts and
Humanities Act of 1965 with funds appropriated by this
Act, the Chairperson of the National Endowment for the
Arts shall ensure that priority is given to providing serv-
ices or awarding financial assistance for projects, produc-
tions, workshops, or programs that will encourage public
knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Hu-
manities Act of 1965—
114
(1) the Chairperson shall establish a grant cat-
egory for projects, productions, workshops, or pro-
grams that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants ex-
ceeding 15 percent, in the aggregate, of such funds
to any single State, excluding grants made under the
authority of paragraph (1);
(3) the Chairperson shall report to the Con-
gress annually and by State, on grants awarded by
the Chairperson in each grant category under sec-
tion 5 of such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based
music performance and education.
SEC. 312. No part of any appropriation contained in
this Act shall be expended or obligated to complete and
issue the 5-year program under the Forest and Rangeland
Renewable Resources Planning Act.
SEC. 313. None of the funds in this Act may be used
to support Government-wide administrative functions un-
less such functions are justified in the budget process and
funding is approved by the House and Senate Committees
on Appropriations.
115
SEC. 314. Notwithstanding any other provision of
law, for fiscal year 2005 the Secretaries of Agriculture and
the Interior are authorized to limit competition for water-
shed restoration project contracts as part of the ‘‘Jobs in
the Woods’’ Program established in Region 10 of the For-
est Service to individuals and entities in historically tim-
ber-dependent areas in the States of Washington, Oregon,
northern California, Idaho, Montana, and Alaska that
have been affected by reduced timber harvesting on Fed-
eral lands. The Secretaries shall consider the benefits to
the local economy in evaluating bids and designing pro-
curements which create economic opportunities for local
contractors.
SEC. 315. Amounts deposited during fiscal year 2004
in the roads and trails fund provided for in the 14th para-
graph under the heading ‘‘FOREST SERVICE’’ of the
Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall
be used by the Secretary of Agriculture, without regard
to the State in which the amounts were derived, to repair
or reconstruct roads, bridges, and trails on National For-
est System lands or to carry out and administer projects
to improve forest health conditions, which may include the
repair or reconstruction of roads, bridges, and trails on
National Forest System lands in the wildland-community
interface where there is an abnormally high risk of fire.
116
The projects shall emphasize reducing risks to human
safety and public health and property and enhancing eco-
logical functions, long-term forest productivity, and bio-
logical integrity. The projects may be completed in a sub-
sequent fiscal year. Funds shall not be expended under
this section to replace funds which would otherwise appro-
priately be expended from the timber salvage sale fund.
Nothing in this section shall be construed to exempt any
project from any environmental law.
SEC. 316. Other than in emergency situations, none
of the funds in this Act may be used to operate telephone
answering machines during core business hours unless
such answering machines include an option that enables
callers to reach promptly an individual on-duty with the
agency being contacted.
SEC. 317. Section 3 of the Act of June 9, 1930 (com-
monly known as the Knutson-Vandenberg Act; 16 U.S.C.
576b), is amended—
(1) by striking ‘‘The Secretary of Agriculture
may, when in his’’ and inserting ‘‘(a) The Secretary
of Agriculture may, when in his or her’’;
(2) by striking ‘‘Such deposits’’ and inserting
the following: ‘‘Each of these 4 purposes shall be of
equal priority.
‘‘(b) Amounts deposited under subsection (a)’’;
117
(3) by striking ‘‘may direct:’’ and all that fol-
lows through ‘‘That the Secretary of Agriculture’’
and inserting ‘‘may direct. The Secretary of Agri-
culture’’; and
(4) by adding at the end the following new sub-
section:
‘‘(c) Any portion of the balance at the end of a fiscal
year in the special fund established pursuant to this sec-
tion that the Secretary of Agriculture determines to be
in excess of the cost of doing work described in subsection
(a) (as well as any portion of the balance in the special
fund that the Secretary determined, before October 1,
2004, to be excess of the cost of doing work described in
subsection (a), but which has not been transferred by that
date) shall be transferred to miscellaneous receipts, Na-
tional Forest Fund, as a National Forest receipt, but only
if the Secretary also determines that—
‘‘(1) the excess amounts will not be needed for
emergency wildfire suppression during the fiscal year
in which the transfer would be made; and
‘‘(2) the amount to be transferred to miscella-
neous receipts, National Forest Fund, exceeds the
outstanding balance of unreimbursed funds trans-
ferred from the special fund in prior fiscal years for
wildfire suppression.’’.
118
SEC. 318. A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as au-
thorized by section 315 of the Department of the Interior
and Related Agencies Appropriations Act for Fiscal Year
1996, as amended, shall not result in—
(1) displacement of the holder of an authoriza-
tion to provide commercial recreation services on
Federal lands. Prior to initiating any project, the
Secretary shall consult with potentially affected
holders to determine what impacts the project may
have on the holders. Any modifications to the au-
thorization shall be made within the terms and con-
ditions of the authorization and authorities of the
impacted agency; and
(2) the return of a commercial recreation serv-
ice to the Secretary for operation when such services
have been provided in the past by a private sector
provider, except when—
(A) the private sector provider fails to bid
on such opportunities;
(B) the private sector provider terminates
its relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
119
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until a
subsequent operator can be found through the offering of
a new prospectus.
SEC. 319. Prior to October 1, 2005, the Secretary
of Agriculture shall not be considered to be in violation
of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have
passed without revision of the plan for a unit of the Na-
tional Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C.
1600 et seq.) or any other law.
SEC. 320. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing and related activities
under either the Mineral Leasing Act (30 U.S.C. 181 et
seq.) or the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.) within the boundaries of a National Monu-
ment established pursuant to the Act of June 8, 1906 (16
U.S.C. 431 et seq.) as such boundary existed on January
20, 2001, except where such activities are allowed under
the Presidential proclamation establishing such monu-
ment.
120
SEC. 321. Extension of Forest Service Conveyances
Pilot Program.—Section 329 of the Department of the In-
terior and Related Agencies Appropriations Act, 2002 (16
U.S.C. 580d note; Public Law 107–63) is amended—
(1) in subsection (b), by striking ‘‘30’’ and in-
serting ‘‘40’’;
(2) in subsection (c) by striking ‘‘8’’ and insert-
ing ‘‘13’’; and
(3) in subsection (d), by striking ‘‘2006’’ and
inserting ‘‘2008’’.
SEC. 322. Employees of the foundations established
by Acts of Congress to solicit private sector funds on be-
half of Federal land management agencies shall, hereafter,
qualify for General Service Administration contract air-
fares.
SEC. 323. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance
Act (42 U.S.C. 1856m) the Secretary of Agriculture and
the Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished
under said agreements to provide wildfire services are con-
sidered, for purposes of tort liability, employees of the
country receiving said services when the individuals are
engaged in fire suppression: Provided, That the Secretary
of Agriculture or the Secretary of the Interior shall not
121
enter into any agreement under this provision unless the
foreign country (either directly or through its fire organi-
zation) agrees to assume any and all liability for the acts
or omissions of American firefighters engaged in fire-
fighting in a foreign country: Provided further, That when
an agreement is reached for furnishing fire fighting serv-
ices, the only remedies for acts or omissions committed
while fighting fires shall be those provided under the laws
of the host country, and those remedies shall be the exclu-
sive remedies for any claim arising out of fighting fires
in a foreign country: Provided further, That neither the
sending country nor any legal organization associated with
the firefighter shall be subject to any legal action whatso-
ever pertaining to or arising out of the firefighter’s role
in fire suppression.
SEC. 324. Notwithstanding any other provision of law
or regulation, to promote the more efficient use of the
health care funding allocation for fiscal year 2005, the
Eagle Butte Service Unit of the Indian Health Service,
at the request of the Cheyenne River Sioux Tribe, may
pay base salary rates to health professionals up to the
highest grade and step available to a physician, phar-
macist, or other health professional and may pay a recruit-
ment or retention bonus of up to 25 percent above the
base pay rate.
122
SEC. 325. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act.
SEC. 326. None of the funds in this Act may be used
to prepare or issue a permit or lease for oil or gas drilling
in the Finger Lakes National Forest, New York, during
fiscal year 2005.
SEC. 327. None of the funds made available in this
Act may be used for the planning, design, or construction
of improvements to Pennsylvania Avenue in front of the
White House without the advance approval of the Commit-
tees on Appropriations.
SEC. 328. In awarding a Federal Contract with funds
made available by this Act, the Secretary of Agriculture
and the Secretary of the Interior (the ‘‘Secretaries’’) may,
in evaluating bids and proposals, give consideration to
local contractors who are from, and who provide employ-
ment and training for, dislocated and displaced workers
in an economically disadvantaged rural community, in-
cluding those historically timber-dependent areas that
have been affected by reduced timber harvesting on Fed-
eral lands and other forest-dependent rural communities
isolated from significant alternative employment opportu-
123
nities: Provided, That the Secretaries may award grants
or cooperative agreements to local non-profit entities,
Youth Conservation Corps or related partnerships with
State, local or non-profit youth groups, or small or dis-
advantaged business: Provided further, That the contract,
grant, or cooperative agreement is for forest hazardous
fuels reduction, watershed or water quality monitoring or
restoration, wildlife or fish population monitoring, or habi-
tat restoration or management: Provided further, That the
terms ‘‘rural community’’ and ‘‘economically disadvan-
taged’’ shall have the same meanings as in section 2374
of Public Law 101–624: Provided further, That the Secre-
taries shall develop guidance to implement this section:
Provided further, That nothing in this section shall be con-
strued as relieving the Secretaries of any duty under appli-
cable procurement laws, except as provided in this section.
SEC. 329. No funds appropriated in this Act for the
acquisition of lands or interests in lands may be expended
for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Sen-
ate Committees on Appropriations: Provided, That this
provision shall not apply to funds appropriated to imple-
ment the Everglades National Park Protection and Ex-
pansion Act of 1989, or to funds appropriated for Federal
124
assistance to the State of Florida to acquire lands for Ev-
erglades restoration purposes.
SEC. 330. Section 315(f) of the Department of the
Interior and Related Agencies Appropriations Act, 1996
(as contained in section 101(c) of Public Law 104–134;
110 Stat. 1321–200; 16 U.S.C. 460l–6a note), is
amended—
(1) in subsection (b), by inserting ‘‘subject to
subsection (g) but’’ before ‘‘notwithstanding’’ in the
matter preceding paragraph (1); and
(2) by adding at the end the following new sub-
section:
‘‘(g) The Secretary of Agriculture may not charge or
collect fees under this section for the following:
‘‘(1) Admission to a unit of the National Forest
System (as defined in section 11(a) of the Forest
and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1609(a)).
‘‘(2) the use of, either singly or in any combina-
tion, of the following:
‘‘(A) undesignated parking along roads;
‘‘(B) overlook sites or scenic pullouts;
‘‘(C) information offices and centers that
only provide general area information and lim-
ited services or interpretive exhibits; and
125
‘‘(D) dispersed areas for which expendi-
tures in facilities or services are limited.’’.
SEC. 331. (a) ANNUAL REPORTING REQUIREMENTS
ON COMPETITIVE SOURCING ACTIVITIES.—
(1) Not later than December 31 of each year,
beginning with December 31, 2004, the Secretary
concerned shall submit to the Committees on Appro-
priations of the Senate and the House of Represent-
atives a report, covering the preceding fiscal year, on
the competitive sourcing studies conducted by the
Department of the Interior, the Forest Service, or
the Department of Energy, as appropriate, and the
costs and cost savings to the citizens of the United
States of such studies.
(2) In this subsection, the term ‘‘Secretary con-
cerned’’ means—
(A) the Secretary of the Interior, with re-
spect to the Department of the Interior pro-
grams, projects, and activities for which funds
are appropriated by this Act;
(B) the Secretary of Agriculture, with re-
spect to the Forest Service; and
(C) the Secretary of Energy, with respect
to the Department of Energy programs,
126
projects, and activities for which funds are ap-
propriated by this Act.
(3) The report under this subsection shall in-
clude, for the fiscal year covered—
(A) the total number of competitions com-
pleted;
(B) the total number of competitions an-
nounced, together with a list of the activities
covered by such competitions;
(C) the total number of full-time equiva-
lent Federal employees studied under completed
competitions;
(D) the total number of full-time equiva-
lent Federal employees being studied under
competitions announced, but not completed;
(E) the incremental cost directly attrib-
utable to conducting the competitions identified
under subparagraphs (A) and (B), including
costs attributable to paying outside consultants
and contractors and, in accordance with full
cost accounting principles, all costs attributable
to developing, implementing, supporting, man-
aging, monitoring, and reporting on competitive
sourcing, including personnel, consultant, trav-
127
el, and training costs associated with program
management;
(F) an estimate of the total anticipated
savings, or a quantifiable description of im-
provements in service or performance, derived
from completed competitions;
(G) actual savings, or a quantifiable de-
scription of improvements in service or perform-
ance, derived from the implementation of com-
petitions;
(H) the total projected number of full-time
equivalent Federal employees covered by com-
petitions scheduled to be announced in the fis-
cal year; and
(I) a description of how the competitive
sourcing decision making processes are aligned
with strategic workforce plans.
(b) COMPETITIVE SOURCING EXEMPTION FOR FOR-
EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL
YEAR 2005.—Notwithstanding requirements of Office of
Management and Budget Circular A–76, Attachment B,
the Forest Service is hereby exempted from implementing
the Letter of Obligation and post-competition account-
ability guidelines where a competitive sourcing study in-
volved 65 or fewer full-time equivalents, the performance
128
decision was made in favor of the agency provider; no net
savings was achieved by conducting the study, and the
study was completed prior to the date of this Act.
(c) LIMITATION ON COMPETITIVE SOURCING STUD-
IES.—
(1) Of the funds made available by this or any
other Act to the Department of Energy or the De-
partment of the Interior for fiscal year 2005, not
more than the maximum amount specified in para-
graph (2)(A) may be used by the Secretary of En-
ergy or the Secretary of the Interior to initiate or
continue competitive sourcing studies in fiscal year
2005 for programs, projects, and activities for which
funds are appropriated by this Act until such time
as the Secretary concerned submits a reprogram-
ming proposal to the Committees on Appropriations
of the Senate and the House of Representatives, and
such proposal has been processed consistent with the
reprogramming guidelines in House Report 108–
330.
(2) For the purposes of paragraph (1), the
maximum amount—
(A) with respect to the Department of En-
ergy is $500,000; and
129
(B) with respect to the Department of the
Interior is $2,500,000; and
(3) Of the funds appropriated by this Act, not
more than $2,000,000 may be used in fiscal year
2005 for competitive sourcing studies and related
activities by the Forest Service.
(d) LIMITATION ON CONVERSION TO CONTRACTOR
PERFORMANCE.—
(1) None of the funds made available in this or
any other Act may be used to convert to contractor
performance an activity or function of the Forest
Service, an activity or function of the Department of
the Interior performed under programs, projects,
and activities for which funds are appropriated by
this Act, or an activity or function of the Depart-
ment of Energy performed under programs, projects,
and activities for which funds are appropriated by
this Act, if such activity or function is performed on
or after the date of the enactment of this Act by
more than 10 Federal employees unless—
(A) the conversion is based on the result of
a public-private competition that includes a
more efficient and cost effective organization
plan developed by such activity or function; and
130
(B) the Competitive Sourcing Official de-
termines that, over all performance periods
stated in the solicitation of offers for perform-
ance of the activity or function, the cost of per-
formance of the activity or function by a con-
tractor would be less costly to the Federal Gov-
ernment by an amount that equals or exceeds
the lesser of—
(i) 10 percent of the more efficient or-
ganization’s personnel-related costs for
performance of that activity or function by
Federal employees; or
(ii) $10,000,000.
(2) This subsection shall not apply to a com-
mercial or industrial type function that—
(A) is included on the procurement list es-
tablished pursuant to section 2 of the Javits-
Wagner-O’Day Act (41 U.S.C. 47);
(B) is planned to be converted to perform-
ance by a qualified nonprofit agency for the
blind or by a qualified nonprofit agency for
other severely handicapped individuals in ac-
cordance with that Act; or
(C) is planned to be converted to perform-
ance by a qualified firm under at least 51 per-
131
cent ownership by an Indian tribe, as defined in
section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization,
as defined in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15)).
(3) The conversion of any activity or function
under the authority provided by this subsection shall
be credited toward any competitive or outsourcing
goal, target, or measurement that may be estab-
lished by statute, regulation, or policy.
(e) COMPETITIVE SOURCING STUDY DEFINED.—In
this subsection, the term ‘‘competitive sourcing study’’
means a study on subjecting work performed by Federal
Government employees or private contractors to public-
private competition or on converting the Federal Govern-
ment employees or the work performed by such employees
to private contractor performance under the Office of
Management and Budget Circular A–76 or any other ad-
ministrative regulation, directive, or policy.
SEC. 332. Estimated overhead charges, deductions,
reserves or holdbacks from programs, projects and activi-
ties to support governmentwide, departmental, agency or
bureau administrative functions or headquarters, regional
or central office operations shall be presented in annual
132
budget justifications. Changes to such estimates shall be
presented to the Committees on Appropriations for ap-
proval.
SEC. 333. None of the funds in this or any other Act
may be used by the agencies funded in this Act to imple-
ment Safecom, Disaster Management, E-Training, and E-
Rulemaking.
CONVEYANCE OF A SMALL PARCEL OF PUBLIC DOMAIN
LAND IN THE SAN BERNARDINO NATIONAL FOREST
IN THE STATE OF CALIFORNIA
SEC. 334. (a) FINDINGS.—The Congress finds that—
(1) a select area of the San Bernardino Na-
tional Forest in California is heavily developed with
recreation residences and is immediately adjacent to
comparably developed private property;
(2) it is in the public interest to convey the
above referenced area to the owners of the recreation
residences; and
(3) the Secretary of Agriculture should use the
proceeds of such conveyance to acquire additional
lands within the boundaries of the San Bernardino
National Forest.
(b) CONVEYANCE REQUIRED.—Subject to valid exist-
ing rights and such terms, conditions, and restrictions as
the Secretary deems necessary or desirable in the public
interest, the Secretary of Agriculture shall convey to the
133
Mill Creek Homeowners Association (hereinafter Associa-
tion) all right, title, and interest of the United States in
and to the Mill Creek parcel of real estate described in
subsection (c)(1). In the event the Secretary and the Asso-
ciation for any reason do not complete the sale within two
years from the date of enactment of this Act, this author-
ity shall expire.
(c) LEGAL DESCRIPTION AND CORRECTION AUTHOR-
ITY.—
(1) DESCRIPTION.—The Mill Creek parcel, ap-
proximately 28.75 acres, as shown on a map, ‘‘The
Mill Creek Conveyance Parcel—San Bernardino Na-
tional Forest, dated June 1, 2004’’ and more par-
ticularly described as T.1 S., R.1 W., Section 8, E1/
2N1/2N1/2NE1/4SE1/4NE1/4S1/2N1/2N1/2SE1/
4NE1/4S1/2N1/2SE1/4NE1/4NE1/4SW1/4SE1/
4NE1/4N1/2SE1/4SE1/4NE1/4S1/2NE1/4SW1/
4NE1/4, located in the San Bernardino Meridian of
the United States Public Land Survey System, Cali-
fornia. The map shall be on file and available for in-
spection in the office of the Chief, Forest Service,
Washington, D.C. and in the office of the Forest Su-
pervisor, San Bernardino National Forest until such
time as the lands are conveyed.
134
(2) CORRECTIONS.—The Secretary is author-
ized to make minor corrections to this map and may
modify the description to correct errors or to recon-
figure the property in order to facilitate conveyance.
In the event of a conflict between the map descrip-
tion and the USPLSS description of the land in
paragraph (1), the map will be considered the defini-
tive description of the land.
(d) CONSIDERATION.—Consideration for the convey-
ance under subsection (b) shall be equal to the appraised
fair market value of the parcel of real property to be con-
veyed. Such appraisal shall be prepared in conformity with
the Uniform Appraisal Standards for Federal Land Acqui-
sition.
(e) ACCESS REQUIREMENTS.—Notwithstanding sec-
tion 1323(a) of the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 3210(a)) or any other law, the
Secretary is not required to provide access over National
Forest System lands to the parcel of real estate to be con-
veyed under subsection (b).
(f) ADMINISTRATIVE COSTS.—All costs incurred by
the Secretary of Agriculture and any costs associated with
the creation of a subdivided parcel, conducting and rec-
ordation of a survey, zoning, planning approval, and simi-
135
lar expenses with respect to the conveyance under sub-
section (b), shall be borne by the Association.
(g) ASSUMPTION OF LIABILITY.—By acceptance of
the conveyance of the parcel of real property referred to
in subsection (b), the Association and its successors and
assigns will indemnify and hold harmless the United
States for any and all liability to any party that is associ-
ated with the parcel.
(h) TREATMENT OF RECEIPTS.—All funds received
pursuant to the conveyance of the parcel of real property
referred to in subsection (b) shall be deposited in the fund
established under Public Law 90–171 (16 U.S.C. 484a;
commonly known as the Sisk Act), and the funds shall
remain available to the Secretary, until expended, for the
acquisition of lands, waters, and interests in land for in-
clusion in the San Bernardino National Forest.
SEC. 335. Section 331 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 2001 (Pub-
lic Law 106–291; 114 Stat. 996), is amended—
(1) in subsection (a), by striking ‘‘Until Sep-
tember 30, 2004, the’’ and inserting ‘‘The’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(d) INCLUSION OF COLORADO BLM LANDS.—The
authority provided by this section shall also be available