IB 
Union Calendar No. 314 
108TH CONGRESS 
2D SESSION 
H. R. 4568 
[Report No. 108–542] 
Making appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 2005, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2004 
Mr. TAYLOR, from the Committee on Appropriations, reported the following 
bill; which was committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
A BILL 
Making appropriations for the Department of the Interior 
and related agencies for the fiscal year ending September 
30, 2005, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Department of the Interior and related agencies for the 
fiscal year ending September 30, 2005, and for other pur-
poses, namely:
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TITLE I—DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For necessary expenses for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in 
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general 
administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96–487 
(16 U.S.C. 3150(a)), $840,401,000, to remain available 
until expended, of which $1,000,000 is for high priority 
projects, to be carried out by the Youth Conservation 
Corps; $2,232,000 is for assessment of the mineral poten-
tial of public lands in Alaska pursuant to section 1010 
of Public Law 96–487; (16 U.S.C. 3150); and of which 
not to exceed $1,000,000 shall be derived from the special 
receipt account established by the Land and Water Con-
servation Act of 1965, as amended (16 U.S.C. 460l–6a(i)); 
and of which $3,500,000 shall be available in fiscal year 
2005 subject to a match by at least an equal amount by 
the National Fish and Wildlife Foundation for cost-shared 
projects supporting conservation of Bureau lands; and
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such funds shall be advanced to the Foundation as a lump 
sum grant without regard to when expenses are incurred. 
In addition, $32,696,000 is for Mining Law Adminis-
tration program operations, including the cost of admin-
istering the mining claim fee program; to remain available 
until expended, to be reduced by amounts collected by the 
Bureau and credited to this appropriation from annual 
mining claim fees so as to result in a final appropriation 
estimated 
at 
not 
more 
than 
$840,401,000, 
and 
$2,000,000, to remain available until expended, from com-
munication site rental fees established by the Bureau for 
the cost of administering communication site activities: 
Provided, That appropriations herein made shall not be 
available for the destruction of healthy, unadopted, wild 
horses and burros in the care of the Bureau or its contrac-
tors. 
WILDLAND FIRE MANAGEMENT 
For necessary expenses for fire preparedness, sup-
pression operations, fire science and research, emergency 
rehabilitation, hazardous fuels reduction, and rural fire as-
sistance by the Department of the Interior, $743,099,000, 
to remain available until expended, of which not to exceed 
$12,374,000 shall be for the renovation or construction 
of fire facilities: Provided, That such funds are also avail-
able for repayment of advances to other appropriation ac-
counts from which funds were previously transferred for
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such purposes: Provided further, That persons hired pur-
suant to 43 U.S.C. 1469 may be furnished subsistence and 
lodging without cost from funds available from this appro-
priation: Provided further, That notwithstanding 42 
U.S.C. 1856d, sums received by a bureau or office of the 
Department of the Interior for fire protection rendered 
pursuant to 42 U.S.C. 1856 et seq., protection of United 
States property, may be credited to the appropriation from 
which funds were expended to provide that protection, and 
are available without fiscal year limitation: Provided fur-
ther, That using the amounts designated under this title 
of this Act, the Secretary of the Interior may enter into 
procurement contracts, grants, or cooperative agreements, 
for hazardous fuels reduction activities, and for training 
and monitoring associated with such hazardous fuels re-
duction activities, on Federal land, or on adjacent non- 
Federal land for activities that benefit resources on Fed-
eral land: Provided further, That the costs of implementing 
any cooperative agreement between the Federal Govern-
ment and any non-Federal entity may be shared, as mutu-
ally agreed on by the affected parties: Provided further, 
That notwithstanding requirements of the Competition in 
Contracting Act, the Secretary, for purposes of hazardous 
fuels reduction activities, may obtain maximum prac-
ticable competition among: (A) local private, nonprofit, or
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cooperative entities; (B) Youth Conservation Corps crews 
or related partnerships with state, local, or non-profit 
youth groups; (C) small or micro-businesses; or (D) other 
entities that will hire or train locally a significant percent-
age, defined as 50 percent or more, of the project work-
force to complete such contracts: Provided further, That 
in implementing this section, the Secretary shall develop 
written guidance to field units to ensure accountability 
and consistent application of the authorities provided here-
in: Provided further, That funds appropriated under this 
head may be used to reimburse the United States Fish 
and Wildlife Service and the National Marine Fisheries 
Service for the costs of carrying out their responsibilities 
under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) to consult and conference, as required by 
section 7 of such Act, in connection with wildland fire 
management activities: Provided further, That the Sec-
retary of the Interior may use wildland fire appropriations 
to enter into non-competitive sole source leases of real 
property with local governments, at or below fair market 
value, to construct capitalized improvements for fire facili-
ties on such leased properties, including but not limited 
to fire guard stations, retardant stations, and other initial 
attack and fire support facilities, and to make advance 
payments for any such lease or for construction activity
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associated with the lease: Provided further, That the Sec-
retary of the Interior 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 expedite jointly funded 
wildland fire management programs and projects: Pro-
vided further, That funds provided for wildfire suppression 
shall be available for support of Federal emergency re-
sponse actions. 
CENTRAL HAZARDOUS MATERIALS FUND 
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for 
the remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
suant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 
9601 et seq.), $9,855,000, to remain available until ex-
pended: Provided, That notwithstanding 31 U.S.C. 3302, 
sums recovered from or paid by a party in advance of or 
as reimbursement for remedial action or response activi-
ties conducted by the Department pursuant to section 107 
or 113(f) of such Act, shall be credited to this account, 
to be available until expended without further appropria-
tion: Provided further, That such sums recovered from or 
paid by any party are not limited to monetary payments
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and may include stocks, bonds or other personal or real 
property, which may be retained, liquidated, or otherwise 
disposed of by the Secretary and which shall be credited 
to this account. 
CONSTRUCTION 
For construction of buildings, recreation facilities, 
roads, trails, and appurtenant facilities, $15,000,000, to 
remain available until expended. 
LAND ACQUISITION 
For expenses necessary to carry out sections 205, 
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or 
interests therein, $4,500,000, to be derived from the Land 
and Water Conservation Fund and to remain available 
until expended. 
OREGON AND CALIFORNIA GRANT LANDS 
For expenses necessary for management, protection, 
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and 
other improvements on the revested Oregon and California 
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and 
on adjacent rights-of-way; and acquisition of lands or in-
terests therein, including existing connecting roads on or 
adjacent to such grant lands; 111,557,000, to remain 
available until expended: Provided, That 25 percent of the
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aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant 
lands is hereby made a charge against the Oregon and 
California land-grant fund and shall be transferred to the 
General Fund in the Treasury in accordance with the sec-
ond paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876). 
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND 
(REVOLVING FUND, SPECIAL ACCOUNT) 
In addition to the purposes authorized in Public Law 
102–381, funds made available in the Forest Ecosystems 
Health and Recovery Fund can be used for the purpose 
of planning, preparing, implementing and monitoring sal-
vage timber sales and forest ecosystem health and recovery 
activities, such as release from competing vegetation and 
density control treatments. The Federal share of receipts 
(defined as the portion of salvage timber receipts not paid 
to the counties under 43 U.S.C. 1181f and 43 U.S.C. 
1181f–1 et seq., and Public Law 106–393) derived from 
treatments funded by this account shall be deposited into 
the Forest Ecosystems Health and Recovery Fund. 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of 
lands and interests therein, and improvement of Federal 
rangelands pursuant to section 401 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701),
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notwithstanding any other Act, sums equal to 50 percent 
of all moneys received during the prior fiscal year under 
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 
315 et seq.) and the amount designated for range improve-
ments from grazing fees and mineral leasing receipts from 
Bankhead-Jones lands transferred to the Department of 
the Interior pursuant to law, but not less than 
$10,000,000, to remain available until expended: Pro-
vided, That not to exceed $600,000 shall be available for 
administrative expenses. 
SERVICE CHARGES, DEPOSITS, AND FORFEITURES 
For administrative expenses and other costs related 
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources, 
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations, 
and for rehabilitation of damaged property, such amounts 
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That notwithstanding any provision to 
the contrary of section 305(a) of Public Law 94–579 (43 
U.S.C. 1735(a)), any moneys that have been or will be 
received pursuant to that section, whether as a result of 
forfeiture, compromise, or settlement, if not appropriate 
for refund pursuant to section 305(c) of that Act (43
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U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which 
have been damaged by the action of a resource developer, 
purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such ac-
tion are used on the exact lands damaged which led to 
the action: Provided further, That any such moneys that 
are in excess of amounts needed to repair damage to the 
exact land for which funds were collected may be used to 
repair other damaged public lands. 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended 
under existing laws, there is hereby appropriated such 
amounts as may be contributed under section 307 of the 
Act of October 21, 1976 (43 U.S.C. 1701), and such 
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain 
available until expended. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Land Management 
shall be available for purchase, erection, and dismantle-
ment of temporary structures, and alteration and mainte-
nance of necessary buildings and appurtenant facilities to
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which the United States has title; up to $100,000 for pay-
ments, at the discretion of the Secretary, for information 
or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of en-
forcement activities authorized or approved by the Sec-
retary and to be accounted for solely on her certificate, 
not to exceed $10,000: Provided, That notwithstanding 44 
U.S.C. 501, the Bureau may, under cooperative cost-shar-
ing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with 
jointly produced publications for which the cooperators 
share the cost of printing either in cash or in services, 
and the Bureau determines the cooperator is capable of 
meeting accepted quality standards. 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For necessary expenses of the United States Fish and 
Wildlife Service, as authorized by law, and for scientific 
and economic studies, maintenance of the herd of long- 
horned cattle on the Wichita Mountains Wildlife Refuge, 
general administration, and for the performance of other 
authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements 
and reimbursable agreements with public and private enti-
ties, $970,494,000, to remain available until September
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30, 2006, Provided, That not less than $1,750,000 shall 
be provided to local governments in southern California 
for planning associated with the Natural Communities 
Conservation Planning (NCCP) program and shall remain 
available 
until 
expended: 
Provided 
further, 
That 
$2,000,000 is for high priority projects, which shall be 
carried out by the Youth Conservation Corps: Provided 
further, That not to exceed $16,226,000 shall be used for 
implementing subsections (a), (b), (c), and (e) of section 
4 of the Endangered Species Act, as amended, for species 
that are indigenous to the United States (except for proc-
essing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement ac-
tions described in subsection (c)(2)(A), (c)(2)(B)(i), or 
(c)(2)(B)(ii)), of which not to exceed $12,700,000 shall 
be used for any activity regarding the designation of crit-
ical habitat, pursuant to subsection (a)(3), excluding liti-
gation support, for species listed pursuant to subsection 
(a)(1) prior to October 1, 2004: Provided further, That 
of the amount available for law enforcement, up to 
$400,000, to remain available until expended, may at the 
discretion of the Secretary be used for payment for infor-
mation, rewards, or evidence concerning violations of laws 
administered by the Service, and miscellaneous and emer-
gency expenses of enforcement activity, authorized or ap-
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proved by the Secretary and to be accounted for solely on 
her certificate: Provided further, That of the amount pro-
vided for environmental contaminants, up to $1,000,000 
may remain available until expended for contaminant sam-
ple analyses. 
CONSTRUCTION 
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
servation, management, investigation, protection, and uti-
lization of fishery and wildlife resources, and the acquisi-
tion of lands and interests therein; $48,400,000, to remain 
available until expended. 
LAND ACQUISITION 
For expenses necessary to carry out the Land and 
Water Conservation Fund Act of 1965, as amended (16 
U.S.C. 4601–4 through 11), including administrative ex-
penses, and for acquisition of land or waters, or interest 
therein, in accordance with statutory authority applicable 
to the United States Fish and Wildlife Service, 
$12,500,000, to be derived from the Land and Water Con-
servation Fund and to remain available until expended: 
Provided, That none of the funds appropriated for specific 
land acquisition projects can be used to pay for any ad-
ministrative overhead, planning or other management 
costs.
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LANDOWNER INCENTIVE PROGRAM 
For expenses necessary to carry out the Land and 
Water Conservation Fund Act of 1965, as amended (16 
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried 
out on private lands, $15,000,000, to be derived from the 
Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided 
herein is for a Landowner Incentive Program established 
by the Secretary that provides matching, competitively 
awarded grants to States, the District of Columbia, feder-
ally recognized Indian tribes, Puerto Rico, Guam, the 
United States Virgin Islands, the Northern Mariana Is-
lands, and American Samoa, to establish or supplement 
existing landowner incentive programs that provide tech-
nical and financial assistance, including habitat protection 
and restoration, to private landowners for the protection 
and management of habitat to benefit federally listed, pro-
posed, candidate, or other at-risk species on private lands. 
PRIVATE STEWARDSHIP GRANTS 
For expenses necessary to carry out the Land and 
Water Conservation Fund Act of 1965, as amended (16 
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried 
out on private lands, $5,000,000, to be derived from the 
Land and Water Conservation Fund, and to remain avail-
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able until expended: Provided, That the amount provided 
herein is for the Private Stewardship Grants Program es-
tablished by the Secretary to provide grants and other as-
sistance to individuals and groups engaged in private con-
servation efforts that benefit federally listed, proposed, 
candidate, or other at-risk species: Provided further, That 
balances from amounts previously appropriated under the 
heading ‘‘Stewardship Grants’’ shall be transferred to and 
merged with this appropriation and shall remain available 
until expended. 
COOPERATIVE ENDANGERED SPECIES CONSERVATION 
FUND 
For expenses necessary to carry out section 6 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
as amended, $81,596,000, of which $49,384,000 is to be 
derived from the Cooperative Endangered Species Con-
servation Fund and $49,384,000 is to be derived from the 
Land and Water Conservation Fund and to remain avail-
able until expended. 
NATIONAL WILDLIFE REFUGE FUND 
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $14,414,000. 
NORTH AMERICAN WETLANDS CONSERVATION FUND 
For expenses necessary to carry out the provisions 
of the North American Wetlands Conservation Act, Public
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Law 101–233, as amended, $38,000,000, to remain avail-
able until expended. 
NEOTROPICAL MIGRATORY BIRD CONSERVATION 
For financial assistance for projects to promote the 
conservation of neotropical migratory birds in accordance 
with the Neotropical Migratory Bird Conservation Act, 
Public Law 106–247 (16 U.S.C. 6101–6109), $4,400,000, 
to remain available until expended. 
MULTINATIONAL SPECIES CONSERVATION FUND 
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211– 
4213, 4221–4225, 4241–4245, and 1538), the Asian Ele-
phant Conservation Act of 1997 (Public Law 105–96; 16 
U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva-
tion Act of 1994 (16 U.S.C. 5301–5306), and the Great 
Ape Conservation Act of 2000 (16 U.S.C. 6301), 
$5,900,000, to remain available until expended. 
STATE AND TRIBAL WILDLIFE GRANTS 
For wildlife conservation grants to States and to the 
District of Columbia, Puerto Rico, Guam, the United 
States Virgin Islands, the Northern Mariana Islands, 
American Samoa, and federally recognized Indian tribes 
under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the devel-
opment and implementation of programs for the benefit 
of wildlife and their habitat, including species that are not
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hunted or fished, $67,500,000, to be derived from the 
Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That of the amount pro-
vided herein, $6,000,000 is for a competitive grant pro-
gram for Indian tribes not subject to the remaining provi-
sions of this appropriation: Provided further, That the Sec-
retary shall, after deducting said $6,000,000 and adminis-
trative expenses, apportion the amount provided herein in 
the following manner: (A) to the District of Columbia and 
to the Commonwealth of Puerto Rico, each a sum equal 
to not more than one-half of 1 percent thereof; and (B) 
to Guam, American Samoa, the United States Virgin Is-
lands, and the Commonwealth of the Northern Mariana 
Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary 
shall apportion the remaining amount in the following 
manner: (A) one-third of which is based on the ratio to 
which the land area of such State bears to the total land 
area of all such States; and (B) two-thirds of which is 
based on the ratio to which the population of such State 
bears to the total population of all such States: Provided 
further, That the amounts apportioned under this para-
graph shall be adjusted equitably so that no State shall 
be apportioned a sum which is less than 1 percent of the 
amount available for apportionment under this paragraph
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for any fiscal year or more than 5 percent of such amount: 
Provided further, That the Federal share of planning 
grants shall not exceed 75 percent of the total costs of 
such projects and the Federal share of implementation 
grants shall not exceed 50 percent of the total costs of 
such projects: Provided further, That the non-Federal 
share of such projects may not be derived from Federal 
grant programs: Provided further, That no State, terri-
tory, or other jurisdiction shall receive a grant unless it 
has developed, or committed to develop by October 1, 
2005, a comprehensive wildlife conservation plan, con-
sistent with criteria established by the Secretary of the 
Interior, that considers the broad range of the State, terri-
tory, or other jurisdiction’s wildlife and associated habi-
tats, with appropriate priority placed on those species with 
the greatest conservation need and taking into consider-
ation the relative level of funding available for the con-
servation of those species: Provided further, That any 
amount apportioned in 2005 to any State, territory, or 
other jurisdiction that remains unobligated as of Sep-
tember 30, 2006, shall be reapportioned, together with 
funds appropriated in 2007, in the manner provided here-
in: Provided further, That balances from amounts pre-
viously appropriated under the heading ‘‘State Wildlife
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Grants’’ shall be transferred to and merged with this ap-
propriation and shall remain available until expended. 
ADMINISTRATIVE PROVISIONS 
Appropriations and funds available to the United 
States Fish and Wildlife Service shall be available for pur-
chase of not to exceed 179 passenger motor vehicles, of 
which 161 are for replacement only (including 44 for po-
lice-type use); repair of damage to public roads within and 
adjacent to reservation areas caused by operations of the 
Service; options for the purchase of land at not to exceed 
$1 for each option; facilities incident to such public rec-
reational uses on conservation areas as are consistent with 
their primary purpose; and the maintenance and improve-
ment of aquaria, buildings, and other facilities under the 
jurisdiction of the Service and to which the United States 
has title, and which are used pursuant to law in connection 
with management, and investigation of fish and wildlife 
resources: Provided, That notwithstanding 44 U.S.C. 501, 
the Service may, under cooperative cost sharing and part-
nership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly pro-
duced publications for which the cooperators share at least 
one-half the cost of printing either in cash or services and 
the Service determines the cooperator is capable of meet-
ing accepted quality standards: Provided further, That not-
withstanding any other provision of law, the service may
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use up to $2,000,000 from funds provided for contracts 
for employment-related legal services: Provided further, 
That the Service may accept donated aircraft as replace-
ments for existing aircraft: Provided further, That not-
withstanding any other provision of law, the Secretary of 
the Interior may not spend any of the funds appropriated 
in this Act for the purchase of lands or interests in lands 
to be used in the establishment of any new unit of the 
National Wildlife Refuge System unless the purchase is 
approved in advance by the House and Senate Committees 
on Appropriations in compliance with the reprogramming 
procedures contained in House Report 108–330. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including special road 
maintenance service to trucking permittees on a reimburs-
able basis), and for the general administration of the Na-
tional 
Park 
Service, 
$1,686,067,000, 
of 
which 
$10,708,000 is for planning and interagency coordination 
in support of Everglades restoration and shall remain 
available until expended; of which $94,690,000, to remain 
available until September 30, 2005, is for maintenance, 
repair or rehabilitation projects for constructed assets, op-
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eration of the National Park Service automated facility 
management software system, and comprehensive facility 
condition assessments; and of which $2,000,000 is for the 
Youth Conservation Corps for high priority projects: Pro-
vided, That the only funds in this account which may be 
made available to support United States Park Police are 
those funds approved for emergency law and order inci-
dents pursuant to established National Park Service pro-
cedures, those funds needed to maintain and repair United 
States Park Police administrative facilities, and those 
funds necessary to reimburse the United States Park Po-
lice account for the unbudgeted overtime and travel costs 
associated with special events for an amount not to exceed 
$10,000 per event subject to the review and concurrence 
of the Washington headquarters office. 
UNITED STATES PARK POLICE 
For expenses necessary to carry out the programs of 
the United States Park Police, $81,204,000. 
NATIONAL RECREATION AND PRESERVATION 
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage 
partnership programs, environmental compliance and re-
view, international park affairs, statutory or contractual 
aid for other activities, and grant administration, not oth-
erwise 
provided 
for, 
$53,877,000: 
Provided, 
That 
$700,000 from the Statutory and Contractual Aid Ac-
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count shall be provided to the City of Tacoma, Washington 
for the purpose of conducting a feasibility study for the 
Train to the Mountain project: Provided further, That 
none of the funds in this or previous Acts for the Rivers, 
Trails and Conservation Assistance Program may be used 
for cooperative agreements, contracts, or cash grants. 
HISTORIC PRESERVATION FUND 
For expenses necessary in carrying out the Historic 
Preservation Act of 1966, as amended (16 U.S.C. 470), 
and the Omnibus Parks and Public Lands Management 
Act of 1996 (Public Law 104–333), $71,533,000, to be 
derived from the Historic Preservation Fund, to remain 
available until September 30, 2006, of which $30,000,000 
shall be for Save America’s Treasures for priority preser-
vation projects, of nationally significant sites, structures, 
and artifacts: Provided, That any individual Save Amer-
ica’s Treasures grant shall be matched by non-Federal 
funds: Provided further, That individual projects shall only 
be eligible for one grant, and all projects to be funded shall 
be approved by the House and Senate Committees on Ap-
propriations and the Secretary of the Interior in consulta-
tion with the President’s Committee on the Arts and Hu-
manities prior to the commitment of grant funds: Provided 
further, That Save America’s Treasures funds allocated 
for Federal projects, following approval, shall be available 
by transfer to appropriate accounts of individual agencies.
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CONSTRUCTION 
For construction, improvements, repair or replace-
ment of physical facilities, including the modifications au-
thorized by section 104 of the Everglades National Park 
Protection and Expansion Act of 1989, $297,628,000, to 
remain available until expended: Provided, That none of 
the funds available to the National Park Service may be 
used to plan, design, or construct any partnership project 
with a total value in excess of $5,000,000, without ad-
vance, written approval of the House and Senate Commit-
tees on Appropriations: Provided further, That, notwith-
standing any other provision of law, the National Park 
Service may not accept donations or services associated 
with the planning, design, or construction of such new fa-
cilities without advance written approval of the House and 
Senate Committees on Appropriations: Provided further, 
That these restrictions do not apply to the Flight 93 Me-
morial: Provided further, That none of the funds provided 
in this or any other Act may be used for planning, design, 
or construction of any underground security screening or 
visitor contact facility at the Washington Monument until 
such facility has been approved in writing by the House 
and Senate Committees on Appropriations: Provided fur-
ther, That funds appropriated in this Act and in any prior 
Acts for the purpose of implementing the Modified Water
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Deliveries to Everglades National Park Project shall be 
available for expenditure unless the joint report of the Sec-
retary of the Interior, the Secretary of the Army, the Ad-
ministrator of the Environmental Protection Agency, and 
the Attorney General which shall be filed within 90 days 
of enactment of this Act and by September 30 each year 
thereafter until December 31, 2006, to the House and 
Senate Committees on Appropriations, the House Com-
mittee on Transportation and Infrastructure, the House 
Committee on Resources and the Senate Committee on 
Environment and Public Works, indicates that the water 
entering A.R.M. Loxahatchee National Wildlife Refuge 
and Everglades National Park does not meet applicable 
State water quality standards and numeric criteria adopt-
ed for phosphorus throughout A.R.M. Loxahatchee Na-
tional Wildlife Refuge and Everglades National Park, as 
well as water quality requirements set forth in the Consent 
Decree entered in United States v. South Florida Water 
Management District, and that the House and Senate 
Committees on Appropriations respond in writing dis-
approving the further expenditure of funds. 
LAND AND WATER CONSERVATION FUND 
(RESCISSION) 
The contract authority provided for fiscal year 2005 
by 16 U.S.C. 460l–10a is rescinded.
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LAND ACQUISITION AND STATE ASSISTANCE 
For expenses necessary to carry out the Land and 
Water Conservation Act of 1965, as amended (16 U.S.C. 
460l–4 through 11), including administrative expenses, 
and for acquisition of lands or waters, or interest therein, 
in accordance with the statutory authority applicable to 
the National Park Service, $107,500,000, to be derived 
from the Land and Water Conservation Fund and to re-
main available until expended, of which $91,500,000 is for 
the State assistance program including $1,500,000 to ad-
minister this program: Provided, That none of the funds 
provided for the State assistance program may be used 
to establish a contingency fund. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the National Park Service shall be 
available for the purchase of not to exceed 249 passenger 
motor vehicles, of which 202 shall be for replacement only, 
including not to exceed 193 for police-type use, 10 buses, 
and 8 ambulances: Provided, That none of the funds ap-
propriated to the National Park Service may be used to 
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided further, That 
none of the funds appropriated to the National Park Serv-
ice may be used to implement an agreement for the rede-
velopment of the southern end of Ellis Island until such 
agreement has been submitted to the Congress and shall
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not be implemented prior to the expiration of 30 calendar 
days (not including any day in which either House of Con-
gress 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 and comprehensive report 
on the development of the southern end of Ellis Island, 
including the facts and circumstances relied upon in sup-
port of the proposed project: Provided further, That appro-
priations available to the National Park Service may be 
used to maintain the following areas in Washington, Dis-
trict of Columbia: Jackson Place, Madison Place, and 
Pennsylvania Avenue between 15th and 17th Streets, 
Northwest. 
None of the funds in this Act may be spent by the 
National Park Service for activities taken in direct re-
sponse to the United Nations Biodiversity Convention. 
The National Park Service may distribute to oper-
ating units based on the safety record of each unit the 
costs of programs designed to improve workplace and em-
ployee safety, and to encourage employees receiving work-
ers’ compensation benefits pursuant to chapter 81 of title 
5, United States Code, to return to appropriate positions 
for which they are medically able.
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Notwithstanding any other provision of law, in fiscal 
year 2005, with respect to the administration of the Na-
tional Park Service park pass program by the National 
Park Foundation, the Secretary may pay to the Founda-
tion administrative funds expected to be received in that 
fiscal year before the revenues are collected, so long as 
total payments in the administrative account do not exceed 
total revenue collected and deposited in that account by 
the end of the fiscal year. 
If the Secretary of the Interior considers the decision 
of any value determination proceeding conducted under a 
National Park Service concession contract issued prior to 
November 13, 1998, to misinterpret and/or misapply rel-
evant contractual requirements, and their underlying legal 
authority, the Secretary may seek the de novo review of 
the value determination by the United States Court of 
Federal Claims, and that court may make an order affirm-
ing, vacating, modifying or correcting the determination. 
In addition to other uses set forth in section 407(d) 
of Public Law 105–391, franchise fees credited to a sub- 
account shall be available for expenditure by the Sec-
retary, without further appropriation, for use at any unit 
within the National Park System to extinguish or reduce 
liability for Possessory Interest or leasehold surrender in-
terest. Such funds may only be used for this purpose to
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the extent that the benefiting unit anticipated franchise 
fee receipts over the term of the contract at that unit ex-
ceed the amount of funds used to extinguish or reduce 
liability. Franchise fees at the benefiting unit shall be 
credited to the sub-account of the originating unit over 
a period not to exceed the term of a single contract at 
the benefiting unit, in the amount of funds so expended 
to extinguish or reduce liability. 
UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, biology, 
and the mineral and water resources of the United States, 
its territories and possessions, and other areas as author-
ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 
to their mineral and water resources; give engineering su-
pervision to power permittees and Federal Energy Regu-
latory Commission licensees; administer the minerals ex-
ploration program (30 U.S.C. 641); and publish and dis-
seminate data relative to the foregoing activities; and to 
conduct inquiries into the economic conditions affecting 
mining and materials processing industries (30 U.S.C. 3, 
21a, and 1603; 50 U.S.C. 98g(1)) and related purposes 
as authorized by law and to publish and disseminate data;
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$944,498,000, of which $63,262,000 shall be available 
only for cooperation with States or municipalities for 
water resources investigations; and of which $16,185,000 
shall remain available until expended for conducting in-
quiries into the economic conditions affecting mining and 
materials processing industries; and of which $7,901,000 
shall remain available until expended for satellite oper-
ations; and of which $20,099,000 shall be available until 
September 30, 2006, for the operation and maintenance 
of facilities and deferred maintenance; and of which 
$1,600,000 shall be available until expended for deferred 
maintenance and capital improvement projects that exceed 
$100,000 in cost; and of which $171,976,000 shall be 
available until September 30, 2006, for the biological re-
search activity and the operation of the Cooperative Re-
search Units: Provided, That none of these funds provided 
for the biological research activity shall be used to conduct 
new surveys on private property, unless specifically au-
thorized in writing by the property owner: Provided fur-
ther, That no part of this appropriation shall be used to 
pay more than one-half the cost of topographic mapping 
or water resources data collection and investigations car-
ried on in cooperation with States and municipalities. 
ADMINISTRATIVE PROVISIONS 
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase and re-
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placement of passenger motor vehicles; reimbursement to 
the General Services Administration for security guard 
services; contracting for the furnishing of topographic 
maps and for the making of geophysical or other special-
ized surveys when it is administratively determined that 
such procedures are in the public interest; construction 
and maintenance of necessary buildings and appurtenant 
facilities; acquisition of lands for gauging stations and ob-
servation wells; expenses of the United States National 
Committee on Geology; and payment of compensation and 
expenses of persons on the rolls of the Survey duly ap-
pointed to represent the United States in the negotiation 
and administration of interstate compacts: Provided, That 
activities funded by appropriations herein made may be 
accomplished through the use of contracts, grants, or co-
operative agreements as defined in 31 U.S.C. 6302 et seq.: 
Provided further, That the United States Geological Sur-
vey may enter into contracts or cooperative agreements 
directly with individuals or indirectly with institutions or 
nonprofit organizations, without regard to 41 U.S.C. 5, 
for the temporary or intermittent services of students or 
recent graduates, who shall be considered employees for 
the purpose of chapters 57 and 81 of title 5, United States 
Code, relating to compensation for travel and work inju-
ries, and chapter 171 of title 28, United States Code, re-
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lating to tort claims, but shall not be considered to be Fed-
eral employees for any other purposes. 
MINERALS MANAGEMENT SERVICE 
ROYALTY AND OFFSHORE MINERALS MANAGEMENT 
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and 
collection of royalties, as authorized by law; for enforcing 
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and 
for matching grants or cooperative agreements; including 
the purchase of not to exceed eight passenger motor vehi-
cles for replacement only, $171,575,000, of which 
$81,906,000 shall be available for royalty management ac-
tivities; and an amount not to exceed $103,730,000, to 
be credited to this appropriation and to remain available 
until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, from rate 
increases to fee collections for Outer Continental Shelf ad-
ministrative activities performed by the Minerals Manage-
ment Service (MMS) over and above the rates in effect 
on September 30, 1993, and from additional fees for 
Outer Continental Shelf administrative activities estab-
lished after September 30, 1993: Provided, That to the 
extent $103,730,000 in additions to receipts are not real-
ized from the sources of receipts stated above, the amount
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needed to reach $103,730,000 shall be credited to this ap-
propriation from receipts resulting from rental rates for 
Outer Continental Shelf leases in effect before August 5, 
1993: Provided further, That $3,000,000 for computer ac-
quisitions shall remain available until September 30, 
2006: Provided further, That funds appropriated under 
this Act shall be available for the payment of interest in 
accordance with 30 U.S.C. 1721(b) and (d): Provided fur-
ther, That not to exceed $3,000 shall be available for rea-
sonable expenses related to promoting volunteer beach and 
marine cleanup activities: Provided further, That notwith-
standing any other provision of law, $15,000 under this 
heading shall be available for refunds of overpayments in 
connection with certain Indian leases in which the Direc-
tor of MMS concurred with the claimed refund due, to 
pay amounts owed to Indian allottees or tribes, or to cor-
rect prior unrecoverable erroneous payments: Provided 
further, That MMS may under the royalty-in-kind pilot 
program, or under its authority to transfer oil to the Stra-
tegic Petroleum Reserve, use a portion of the revenues 
from royalty-in-kind sales, without regard to fiscal year 
limitation, to pay for transportation to wholesale market 
centers or upstream pooling points, and to process or oth-
erwise dispose of royalty production taken in kind, and 
to recover MMS transportation costs, salaries, and other
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administrative costs directly related to filling the Strategic 
Petroleum Reserve: Provided further, That MMS shall 
analyze and document the expected return in advance of 
any royalty-in-kind sales to assure to the maximum extent 
practicable that royalty income under the pilot program 
is equal to or greater than royalty income recognized 
under a comparable royalty-in-value program: Provided 
further, That in fiscal year 2005 and thereafter, notwith-
standing 30 U.S.C. 191(a) and 43 U.S.C. 1338, the Sec-
retary shall pay, not to exceed $499,000 annually, 
amounts owed to States under the provision of 30 U.S.C. 
1721(b) from amounts received as current receipts from 
bonuses, royalties, interest collected from lessees and des-
ignees, and rentals of the public lands and the outer conti-
nental shelf under provisions of the Mineral Leasing Act 
(30 U.S.C. 181 et seq.), and the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.), which are not payable 
to a State or the Reclamation Fund. 
OIL SPILL RESEARCH 
For necessary expenses to carry out title I, section 
1016, title IV, sections 4202 and 4303, title VII, and title 
VIII, section 8201 of the Oil Pollution Act of 1990, 
$7,105,000, which shall be derived from the Oil Spill Li-
ability Trust Fund, to remain available until expended.
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OFFICE OF SURFACE MINING RECLAMATION AND 
ENFORCEMENT 
REGULATION AND TECHNOLOGY 
For necessary expenses to carry out the provisions 
of the Surface Mining Control and Reclamation Act of 
1977, Public Law 95–87, as amended, including the pur-
chase of not to exceed 10 passenger motor vehicles, for 
replacement only; $108,805,000: Provided, That the Sec-
retary of the Interior, pursuant to regulations, may use 
directly or through grants to States, moneys collected in 
fiscal year 2005 for civil penalties assessed under section 
518 of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1268), to reclaim lands adversely af-
fected by coal mining practices after August 3, 1977, to 
remain available until expended: Provided further, That 
appropriations for the Office of Surface Mining Reclama-
tion and Enforcement may provide for the travel and per 
diem expenses of State and tribal personnel attending Of-
fice of Surface Mining Reclamation and Enforcement 
sponsored training. 
ABANDONED MINE RECLAMATION FUND 
For necessary expenses to carry out title IV of the 
Surface Mining Control and Reclamation Act of 1977, 
Public Law 95–87, as amended, including the purchase 
of not more than 10 passenger motor vehicles for replace-
ment only, $194,106,000, to be derived from receipts of
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the Abandoned Mine Reclamation Fund and to remain 
available until expended; of which up to $10,000,000, to 
be derived from the Federal Expenses Share of the Fund, 
shall be for supplemental grants to States for the reclama-
tion of abandoned sites with acid mine rock drainage from 
coal mines, and for associated activities, through the Ap-
palachian Clean Streams Initiative: Provided, That grants 
to minimum program States will be $1,500,000 per State 
in fiscal year 2005: Provided further, That pursuant to 
Public Law 97–365, the Department of the Interior is au-
thorized to use up to 20 percent from the recovery of the 
delinquent debt owed to the United States Government to 
pay for contracts to collect these debts: Provided further, 
That funds made available under title IV of Public Law 
95–87 may be used for any required non-Federal share 
of the cost of projects funded by the Federal Government 
for the purpose of environmental restoration related to 
treatment or abatement of acid mine drainage from aban-
doned mines: Provided further, That such projects must 
be consistent with the purposes and priorities of the Sur-
face Mining Control and Reclamation Act: Provided fur-
ther, That the State of Maryland may set aside the greater 
of $1,000,000 or 10 percent of the total of the grants 
made available to the State under title IV of the Surface 
Mining Control and Reclamation Act of 1977, as amended
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(30 U.S.C. 1231 et seq.), if the amount set aside is depos-
ited in an acid mine drainage abatement and treatment 
fund established under a State law, pursuant to which law 
the amount (together with all interest earned on the 
amount) is expended by the State to undertake acid mine 
drainage abatement and treatment projects, except that 
before any amounts greater than 10 percent of its title 
IV grants are deposited in an acid mine drainage abate-
ment and treatment fund, the State of Maryland must 
first complete all Surface Mining Control and Reclamation 
Act priority one projects: Provided further, That amounts 
provided under this heading may be used for the travel 
and per diem expenses of State and tribal personnel at-
tending Office of Surface Mining Reclamation and En-
forcement sponsored training. 
BUREAU OF INDIAN AFFAIRS 
OPERATION OF INDIAN PROGRAMS 
For expenses necessary for the operation of Indian 
programs, as authorized by law, including the Snyder Act 
of November 2, 1921 (25 U.S.C. 13), the Indian Self-De-
termination and Education Assistance Act of 1975 (25 
U.S.C. 450 et seq.), as amended, the Education Amend-
ments of 1978 (25 U.S.C. 2001–2019), and the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 
as amended, $1,935,033,000, to remain available until
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September 30, 2006 except as otherwise provided herein, 
of which not to exceed $85,638,000 shall be for welfare 
assistance payments and notwithstanding any other provi-
sion of law, including but not limited to the Indian Self- 
Determination Act of 1975, as amended, not to exceed 
$133,314,000 shall be available for payments to tribes and 
tribal organizations for contract support costs associated 
with ongoing contracts, grants, compacts, or annual fund-
ing agreements entered into with the Bureau prior to or 
during fiscal year 2005, as authorized by such Act except 
that tribes and tribal organizations may use their tribal 
priority allocations for unmet indirect costs of ongoing 
contracts, grants, or compacts, or annual funding agree-
ments and for unmet welfare assistance costs; and of 
which not to exceed $458,057,000 for school operations 
costs of Bureau-funded schools and other education pro-
grams shall become available on July 1, 2005, and shall 
remain available until September 30, 2006; and of which 
not to exceed $61,409,000 shall remain available until ex-
pended for housing improvement, road maintenance, at-
torney fees, litigation support, the Indian Self-Determina-
tion Fund, land records improvement, and the Navajo- 
Hopi Settlement Program: Provided, That notwith-
standing any other provision of law, including but not lim-
ited to the Indian Self-Determination Act of 1975, as
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amended, and 25 U.S.C. 2008, not to exceed $45,348,000 
within and only from such amounts made available for 
school operations shall be available to tribes and tribal or-
ganizations for administrative cost grants associated with 
ongoing grants entered into with the Bureau prior to or 
during fiscal year 2004 for the operation of Bureau-fund-
ed schools, and up to $3,000,000 within and only from 
such amounts made available for school operations shall 
be available for the transitional costs of initial administra-
tive cost grants to tribes and tribal organizations that 
enter into grants for the operation on or after July 1, 
2004 of Bureau-operated schools: Provided further, That 
any forestry funds allocated to a tribe which remain unob-
ligated as of September 30, 2006, may be transferred dur-
ing fiscal year 2007 to an Indian forest land assistance 
account established for the benefit of such tribe within the 
tribe’s trust fund account: Provided further, That any such 
unobligated balances not so transferred shall expire on 
September 30, 2007. 
CONSTRUCTION 
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities, 
and other facilities, including architectural and engineer-
ing services by contract; acquisition of lands, and interests 
in lands; and preparation of lands for farming, and for 
construction of the Navajo Indian Irrigation Project pur-
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suant to Public Law 87–483, $348,626,000, to remain 
available until expended: Provided, That such amounts as 
may be available for the construction of the Navajo Indian 
Irrigation Project may be transferred to the Bureau of 
Reclamation: Provided further, That not to exceed 6 per-
cent of contract authority available to the Bureau of In-
dian Affairs from the Federal Highway Trust Fund may 
be used to cover the road program management costs of 
the Bureau: Provided further, That any funds provided for 
the Safety of Dams program pursuant to 25 U.S.C. 13 
shall be made available on a nonreimbursable basis: Pro-
vided further, That for fiscal year 2005, in implementing 
new construction or facilities improvement and repair 
project grants in excess of $100,000 that are provided to 
tribally controlled grant schools under Public Law 100– 
297, as amended, the Secretary of the Interior shall use 
the Administrative and Audit Requirements and Cost 
Principles for Assistance Programs contained in 43 CFR 
part 12 as the regulatory requirements: Provided further, 
That such grants shall not be subject to section 12.61 of 
43 CFR; the Secretary and the grantee shall negotiate and 
determine a schedule of payments for the work to be per-
formed: Provided further, That in considering applications, 
the Secretary shall consider whether the Indian tribe or 
tribal organization would be deficient in assuring that the
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construction projects conform to applicable building stand-
ards and codes and Federal, tribal, or State health and 
safety standards as required by 25 U.S.C. 2005(b), with 
respect to organizational and financial management capa-
bilities: Provided further, That if the Secretary declines an 
application, the Secretary shall follow the requirements 
contained in 25 U.S.C. 2504(f): Provided further, That 
any disputes between the Secretary and any grantee con-
cerning a grant shall be subject to the disputes provision 
in 25 U.S.C. 2507(e): Provided further, That, of the funds 
provided for the tribal school demonstration program, not-
withstanding the provisions of paragraph (b)(1) of section 
122 of division F of Public Law 108–7, as amended by 
section 136 of Public Law 108–108, $4,500,000 is for the 
Eastern Band of Cherokee education campus at the 
Ravensford tract. 
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND 
MISCELLANEOUS PAYMENTS TO INDIANS 
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses, 
$44,771,000, to remain available until expended, for im-
plementation of enacted Indian land and water claim set-
tlements pursuant to Public Laws 99–264, 100–580, 101– 
618, 106–554, 107–331, and 108–34, and for implemen-
tation of other land and water rights settlements; and of 
which $10,032,000 shall be available for payment to the
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Quinault Indian Nation pursuant to the terms of the 
North Boundary Settlement Agreement dated July 14, 
2000, providing for the acquisition of perpetual conserva-
tion easements from the Nation. 
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 
For the cost of guaranteed and insured loans, 
$6,421,000, of which $695,000 is for administrative ex-
penses, as authorized by the Indian Financing Act of 
1974, as amended: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Pro-
vided further, That these funds are available to subsidize 
total loan principal, any part of which is to be guaranteed, 
not to exceed $84,699,000. 
ADMINISTRATIVE PROVISIONS 
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts, 
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions. 
Notwithstanding 25 U.S.C. 15, the Bureau of Indian 
Affairs may contract for services in support of the man-
agement, operation, and maintenance of the Power Divi-
sion of the San Carlos Irrigation Project. 
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guar-
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antee and insurance fund, and the Indian Guaranteed 
Loan Program account) shall be available for expenses of 
exhibits, and purchase and replacement of passenger 
motor vehicles. 
Notwithstanding any other provision of law, no funds 
available to the Bureau of Indian Affairs for central office 
operations or pooled overhead general administration (ex-
cept facilities operations and maintenance) shall be avail-
able for tribal contracts, grants, compacts, or cooperative 
agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination Act or the 
Tribal Self-Governance Act of 1994 (Public Law 103– 
413). 
In the event any tribe returns appropriations made 
available by this Act to the Bureau of Indian Affairs for 
distribution to other tribes, this action shall not diminish 
the Federal Government’s trust responsibility to that 
tribe, or the government-to-government relationship be-
tween the United States and that tribe, or that tribe’s abil-
ity to access future appropriations. 
Notwithstanding any other provision of law, no funds 
available to the Bureau, other than the amounts provided 
herein for assistance to public schools under 25 U.S.C. 
452 et seq., shall be available to support the operation of 
any elementary or secondary school in the State of Alaska.
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Appropriations made available in this or any other 
Act for schools funded by the Bureau shall be available 
only to the schools in the Bureau school system as of Sep-
tember 1, 1996. No funds available to the Bureau shall 
be used to support expanded grades for any school or dor-
mitory beyond the grade structure in place or approved 
by the Secretary of the Interior at each school in the Bu-
reau school system as of October 1, 1995. Funds made 
available under this Act may not be used to establish a 
charter school at a Bureau-funded school (as that term 
is defined in section 1146 of the Education Amendments 
of 1978 (25 U.S.C. 2026)), except that a charter school 
that is in existence on the date of the enactment of this 
Act and that has operated at a Bureau-funded school be-
fore September 1, 1999, may continue to operate during 
that period, but only if the charter school pays to the Bu-
reau a pro rata share of funds to reimburse the Bureau 
for the use of the real and personal property (including 
buses and vans), the funds of the charter school are kept 
separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school pro-
grams of the State in which the school is located if the 
charter school loses such funding. Employees of Bureau- 
funded schools sharing a campus with a charter school and 
performing functions related to the charter school’s oper-
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ation and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of 
title 28, United States Code. 
DEPARTMENTAL OFFICES 
INSULAR AFFAIRS 
ASSISTANCE TO TERRITORIES 
For expenses necessary for assistance to territories 
under the jurisdiction of the Department of the Interior, 
$74,935,000, of which: (1) $68,372,000 shall be available 
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management 
controls, coral reef initiative activities, and brown tree 
snake control and research; grants to the judiciary in 
American Samoa for compensation and expenses, as au-
thorized by law (48 U.S.C. 1661(c)); grants to the Govern-
ment of American Samoa, in addition to current local rev-
enues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as 
authorized by law; grants to the Government of Guam, 
as authorized by law; and grants to the Government of 
the Northern Mariana Islands as authorized by law (Pub-
lic Law 94-241; 90 Stat. 272); and (2) $6,563,000 shall 
be available for salaries and expenses of the Office of Insu-
lar Affairs: Provided, That all financial transactions of the 
territorial and local governments herein provided for, in-
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cluding such transactions of all agencies or instrumental-
ities established or used by such governments, may be au-
dited by the General Accounting Office, at its discretion, 
in accordance with chapter 35 of title 31, United States 
Code: Provided further, That Northern Mariana Islands 
Covenant grant funding shall be provided according to 
those terms of the Agreement of the Special Representa-
tives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104– 
134: Provided further, That of the amounts provided for 
technical assistance, sufficient funds shall be made avail-
able for a grant to the Pacific Basin Development Council: 
Provided further, That of the amounts provided for tech-
nical assistance, sufficient funding shall be made available 
for a grant to the Close Up Foundation: Provided further, 
That the funds for the program of operations and mainte-
nance improvement are appropriated to institutionalize 
routine operations and maintenance improvement of cap-
ital infrastructure with territorial participation and cost 
sharing to be determined by the Secretary based on the 
grantee’s commitment to timely maintenance of its capital 
assets: Provided further, That any appropriation for dis-
aster assistance under this heading in this Act or previous 
appropriations Acts may be used as non-Federal matching 
funds for the purpose of hazard mitigation grants provided
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pursuant to section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c). 
COMPACT OF FREE ASSOCIATION 
For grants and necessary expenses, $5,499,000, as 
provided for in sections 221(a)(2), 221(b), and 233 of the 
Compact of Free Association for the Republic of Palau 
as authorized by Public Law 99–658; Public Law 108– 
188; and section 221(a)(2) of the Compacts of Free Asso-
ciation and their related agreements between the Govern-
ment of the United States and the Government of the Re-
public of the Marshall Islands as amended. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for management of the De-
partment of the Interior, $93,051,000, of which not to ex-
ceed $8,500 may be for official reception and representa-
tion expenses, of which up to $1,000,000 shall be available 
for workers compensation payments and unemployment 
compensation payments associated with the orderly clo-
sure of the United States Bureau of Mines, and of which 
$13,500,000, to be derived by transfer from unobligated 
balances in the ‘‘Central Hazardous Materials Fund’’, 
shall remain available until expended for a departmental 
financial and business management system. Provided, 
That none of the funds in this or previous appropriations
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Acts may be used to establish any additional reserves in 
the Working Capital Fund account other than the two au-
thorized reserves without prior approval of the House and 
Senate Committees on Appropriations. 
PAYMENTS IN LIEU OF TAXES 
For expenses necessary to implement the Act of Octo-
ber 20, 1976, as amended (31 U.S.C. 6901-6907), 
$226,000,000, of which not to exceed $400,000 shall be 
available for administrative expenses: Provided, That no 
payment shall be made to otherwise eligible units of local 
government if the computed amount of the payment is less 
than $100. 
OFFICE OF THE SOLICITOR 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Solicitor, 
$51,356,000. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector 
General, $37,655,000. 
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS 
FEDERAL TRUST PROGRAMS 
For the operation of trust programs for Indians by 
direct expenditure, contracts, cooperative agreements, 
compacts, and grants, $196,267,000, to remain available 
until expended: Provided, That of the amounts available
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under this heading not to exceed $58,000,000 shall be 
available for records collection and indexing, imaging and 
coding, accounting for per capita and judgment accounts, 
accounting for tribal accounts, reviewing and distributing 
funds from special deposit accounts, and program man-
agement of the Office of Historical Trust Accounting, in-
cluding litigation support: Provided further, That funds for 
trust management improvements and litigation support 
may, as needed, be transferred to or merged with the Bu-
reau of Indian Affairs, ‘‘Operation of Indian Programs’’ 
account; the Office of the Solicitor, ‘‘Salaries and Ex-
penses’’ account; and the Departmental Management, 
‘‘Salaries and Expenses’’ account: Provided further, That 
funds made available to Tribes and Tribal organizations 
through contracts or grants obligated during fiscal year 
2005, as authorized by the Indian Self-Determination Act 
of 1975 (25 U.S.C. 450 et seq.), shall remain available 
until expended by the contractor or grantee: Provided fur-
ther, That notwithstanding any other provision of law, the 
statute of limitations shall not commence to run on any 
claim, including any claim in litigation pending on the date 
of the enactment of this Act, concerning losses to or mis-
management of trust funds, until the affected tribe or in-
dividual Indian has been furnished with an accounting of 
such funds from which the beneficiary can determine
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whether there has been a loss: Provided further, That not-
withstanding any other provision of law, the Secretary 
shall not be required to provide a quarterly statement of 
performance for any Indian trust account that has not had 
activity for at least 18 months and has a balance of $1.00 
or less: Provided further, That the Secretary shall issue 
an annual account statement and maintain a record of any 
such accounts and shall permit the balance in each such 
account to be withdrawn upon the express written request 
of the account holder: Provided further, That not to exceed 
$50,000 is available for the Secretary to make payments 
to correct administrative errors of either disbursements 
from or deposits to Individual Indian Money or Tribal ac-
counts after September 30, 2002: Provided further, That 
erroneous payments that are recovered shall be credited 
to and remain available in this account for this purpose. 
INDIAN LAND CONSOLIDATION 
For consolidation of fractional interests in Indian 
lands and expenses associated with redetermining and re-
distributing escheated interests in allotted lands, and for 
necessary expenses to carry out the Indian Land Consoli-
dation Act of 1983, as amended, by direct expenditure or 
cooperative agreement, $42,000,000, to remain available 
until expended: Provided, That funds provided under this 
heading may be expended pursuant to the authorities con-
tained in the provisos under the heading ‘‘Office of Special
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Trustee for American Indians, Indian Land Consolida-
tion’’ of the Interior and Related Agencies Appropriations 
Act, 2001 (Public Law 106–291). 
NATURAL RESOURCES DAMAGE ASSESSMENT AND 
RESTORATION 
NATURAL RESOURCE DAMAGE ASSESSMENT FUND 
To conduct natural resource damage assessment and 
restoration activities by the Department of the Interior 
necessary to carry out the provisions of the Comprehensive 
Environmental Response, Compensation, and Liability 
Act, as amended (42 U.S.C. 9601 et seq.), Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251 et 
seq.), the Oil Pollution Act of 1990 (Public Law 101–380) 
(33 U.S.C. 2701 et seq.), and Public Law 101–337, as 
amended (16 U.S.C. 19jj et seq.), $5,818,000, to remain 
available until expended. 
ADMINISTRATIVE PROVISIONS 
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may 
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That existing aircraft 
being replaced may be sold, with proceeds derived or 
trade-in value used to offset the purchase price for the 
replacement aircraft: Provided further, That no programs 
funded with appropriated funds in the ‘‘Departmental
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Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In-
spector General’’ may be augmented through the Working 
Capital Fund: Provided further, That the annual budget 
justification for Departmental Management shall describe 
estimated Working Capital Fund charges to bureaus and 
offices, including the methodology on which charges are 
based: Provided further, That departures from the Work-
ing Capital Fund estimates contained in the Departmental 
Management budget justification shall be presented to the 
Committees on Appropriations for approval: Provided fur-
ther, That the Secretary shall provide a semi-annual re-
port to the Committees on Appropriations on reimbursable 
support agreements between the Office of the Secretary 
and the National Business Center and the bureaus and 
offices of the Department, including the amounts billed 
pursuant to such agreements. 
GENERAL PROVISIONS, DEPARTMENT OF THE 
INTERIOR 
SEC. 101. Appropriations made in this title shall be 
available for expenditure or transfer (within each bureau 
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft, 
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
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able under this authority until funds specifically made 
available to the Department of the Interior for emer-
gencies shall have been exhausted: Provided further, That 
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to H. Res. 649 and section 402 of S. Con. Res. 
95, the concurrent resolution on the budget for fiscal year 
2005, and must be replenished by a supplemental appro-
priation which must be requested as promptly as possible. 
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title, 
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of wildland fires on or threatening lands 
under the jurisdiction of the Department of the Interior; 
for the emergency rehabilitation of burned-over lands 
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subse-
quent to actual oil spills; for response and natural resource 
damage assessment activities related to actual oil spills; 
for the prevention, suppression, and control of actual or 
potential grasshopper and Mormon cricket outbreaks on 
lands under the jurisdiction of the Secretary, pursuant to 
the authority in section 1773(b) of Public Law 99–198
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(99 Stat. 1658); for emergency reclamation projects under 
section 410 of Public Law 95–87; and shall transfer, from 
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be 
necessary to permit assumption of regulatory authority in 
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided, 
That appropriations made in this title for wildland fire 
operations shall be available for the payment of obligations 
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with 
their use for wildland fire operations, such reimbursement 
to be credited to appropriations currently available at the 
time of receipt thereof: Provided further, That for wildland 
fire operations, no funds shall be made available under 
this authority until the Secretary determines that funds 
appropriated for ‘‘wildland fire operations’’ shall be ex-
hausted within 30 days: Provided further, That all funds 
used pursuant to this section are hereby designated by 
Congress to be ‘‘emergency requirements’’ pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress), the concurrent resolution on the budget 
for fiscal year 2005, and must be replenished by a supple-
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mental appropriation which must be requested as prompt-
ly as possible: Provided further, That such replenishment 
funds shall be used to reimburse, on a pro rata basis, ac-
counts from which emergency funds were transferred. 
SEC. 103. Appropriations made to the Department 
of the Interior shall hereafter be available for operation 
of warehouses, garages, shops, and similar facilities, wher-
ever consolidation of activities will contribute to efficiency 
or economy, and said appropriations shall be reimbursed 
for services rendered to any other activity in the same 
manner as authorized by sections 1535 and 1536 of title 
31, United States Code: Provided, That reimbursements 
for costs and supplies, materials, equipment, and for serv-
ices rendered may be credited to the appropriation current 
at the time such reimbursements are received. 
SEC. 104. Appropriations made to the Department 
of the Interior in this title shall be available for services 
as authorized by 5 U.S.C. 3109, when authorized by the 
Secretary, in total amount not to exceed $500,000; hire, 
maintenance, and operation of aircraft; hire of passenger 
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and 
the payment of dues, when authorized by the Secretary, 
for library membership in societies or associations which
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issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members. 
SEC. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall here-
after be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901–5902 and D.C. Code 
4–204). 
SEC. 106. Annual appropriations made to the De-
partment of the Interior shall hereafter be available for 
obligation in connection with contracts issued for services 
or rentals for periods not in excess of 12 months beginning 
at any time during the fiscal year. 
SEC. 107. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct 
of offshore preleasing, leasing and related activities placed 
under restriction in the President’s moratorium statement 
of June 12, 1998, in the areas of northern, central, and 
southern California; the North Atlantic; Washington and 
Oregon; and the eastern Gulf of Mexico south of 26 de-
grees north latitude and east of 86 degrees west longitude. 
SEC. 108. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct off-
shore oil and natural gas preleasing, leasing and related 
activities in the eastern Gulf of Mexico planning area for 
any lands located outside Sale 181, as identified in the
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final Outer Continental Shelf 5-Year Oil and Gas Leasing 
Program, 1997–2002. 
SEC. 109. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil 
and natural gas preleasing, leasing and related activities 
in the Mid-Atlantic and South Atlantic planning areas. 
SEC. 110. Notwithstanding any other provisions of 
law, the National Park Service shall not develop or imple-
ment a reduced entrance fee program to accommodate 
non-local travel through a unit. The Secretary may provide 
for and regulate local non-recreational passage through 
units of the National Park System, allowing each unit to 
develop guidelines and permits for such activity appro-
priate to that unit. 
SEC. 111. Advance payments made to the Depart-
ment of the Interior to Indian tribes, tribal organizations, 
and tribal consortia pursuant to the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450 
et seq.) or the Tribally Controlled Schools Act of 1988 
(25 U.S.C. 2501 et seq.) may hereafter be invested by the 
Indian tribe, tribal organization, or consortium before 
such funds are expended for the purposes of the grant, 
compact, or annual funding agreement so long as such 
funds are—
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(1) invested by the Indian tribe, tribal organiza-
tion, or consortium only in obligations of the United 
States, or in obligations or securities that are guar-
anteed or insured by the United States, or mutual 
(or other) funds registered with the Securities and 
Exchange Commission and which only invest in obli-
gations of the United States or securities that are 
guaranteed or insured by the United States; or 
(2) deposited only into accounts that are in-
sured by an agency or instrumentality of the United 
States, or are fully collateralized to ensure protec-
tion of the funds, even in the event of a bank failure. 
SEC. 112. Appropriations made in this Act under the 
headings Bureau of Indian Affairs and Office of Special 
Trustee for American Indians and any unobligated bal-
ances from prior appropriations Acts made under the 
same headings shall be available for expenditure or trans-
fer for Indian trust management and reform activities, ex-
cept that total funding for historical accounting activities 
shall not exceed amounts specifically designated in this 
Act for such purpose. 
SEC. 113. Notwithstanding any other provision of 
law, for the purpose of reducing the backlog of Indian pro-
bate cases in the Department of the Interior, the hearing 
requirements of chapter 10 of title 25, United States
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Code, are deemed satisfied by a proceeding conducted by 
an Indian probate judge, appointed by the Secretary with-
out regard to the provisions of title 5, United States Code, 
governing the appointments in the competitive service, for 
such period of time as the Secretary determines necessary: 
Provided, That the basic pay of an Indian probate judge 
so appointed may be fixed by the Secretary without regard 
to the provisions of chapter 51, and subchapter III of 
chapter 53 of title 5, United States Code, governing the 
classification and pay of General Schedule employees, ex-
cept that no such Indian probate judge may be paid at 
a level which exceeds the maximum rate payable for the 
highest grade of the General Schedule, including locality 
pay. 
SEC. 114. Notwithstanding any other provision of 
law, the Secretary of the Interior is authorized to redis-
tribute any Tribal Priority Allocation funds, including 
tribal base funds, to alleviate tribal funding inequities by 
transferring funds to address identified, unmet needs, 
dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduc-
tion in Tribal Priority Allocation funds of more than 10 
percent in fiscal year 2005. Under circumstances of dual 
enrollment, overlapping service areas or inaccurate dis-
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tribution methodologies, the 10 percent limitation does not 
apply. 
SEC. 115. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2005 
shall be allocated among the schools proportionate to the 
unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian 
Education Programs. 
SEC. 116. (a) The Secretary of the Interior shall take 
such action as may be necessary to ensure that the lands 
comprising the Huron Cemetery in Kansas City, Kansas 
(as described in section 123 of Public Law 106–291) are 
used only in accordance with this section. 
(b) The lands of the Huron Cemetery shall be used 
only: (1) for religious and cultural uses that are compat-
ible with the use of the lands as a cemetery; and (2) as 
a burial ground. 
SEC. 117. Notwithstanding any other provision of 
law, in conveying the Twin Cities Research Center under 
the authority provided by Public Law 104–134, as amend-
ed by Public Law 104–208, the Secretary may accept and 
retain land and other forms of reimbursement: Provided, 
That the Secretary may retain and use any such reim-
bursement until expended and without further appropria-
tion: (1) for the benefit of the National Wildlife Refuge
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System within the State of Minnesota; and (2) for all ac-
tivities authorized by Public Law 100-696; 16 U.S.C. 
460zz. 
SEC. 118. Notwithstanding other provisions of law, 
the National Park Service hereafter may authorize, 
through cooperative agreement, the Golden Gate National 
Parks Association to provide fee-based education, inter-
pretive and visitor service functions within the Crissy 
Field and Fort Point areas of the Presidio. 
SEC. 119. Notwithstanding 31 U.S.C. 3302(b), sums 
received by the Bureau of Land Management for the sale 
of seeds or seedlings, may hereafter be credited to the ap-
propriation from which funds were expended to acquire 
or grow the seeds or seedlings and are available without 
fiscal year limitation. 
SEC. 120. The Secretary of the Interior may use or 
contract for the use of helicopters or motor vehicles on 
the Sheldon and Hart National Wildlife Refuges for the 
purpose of capturing and transporting horses and burros. 
The provisions of subsection (a) of the Act of September 
8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such 
use. Such use shall be in accordance with humane proce-
dures prescribed by the Secretary. 
SEC. 121. Funds provided in this Act for Federal 
land acquisition by the National Park Service for Shen-
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andoah Valley Battlefields National Historic District, New 
Jersey Pinelands Preserve, and Ice Age National Scenic 
Trail may be used for a grant to a State, a local govern-
ment, or any other governmental land management entity 
for the acquisition of lands without regard to any restric-
tion on the use of Federal land acquisition funds provided 
through the Land and Water Conservation Fund Act of 
1965 as amended. 
SEC. 122. None of the funds made available by this 
Act may be obligated or expended by the National Park 
Service to enter into or implement a concession contract 
which permits or requires the removal of the underground 
lunchroom at the Carlsbad Caverns National Park. 
SEC. 123. None of the funds made available in this 
Act may be used: (1) to demolish the bridge between Jer-
sey City, New Jersey, and Ellis Island; or (2) to prevent 
pedestrian use of such bridge, when such pedestrian use 
is consistent with generally accepted safety standards. 
SEC. 124. None of the funds made available in this 
or any other Act for any fiscal year may be used to des-
ignate, or to post any sign designating, any portion of Ca-
naveral National Seashore in Brevard County, Florida, as 
a clothing-optional area or as an area in which public nu-
dity is permitted, if such designation would be contrary 
to county ordinance.
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SEC. 125. None of the funds in this or any other Act 
can be used to compensate the Special Master and the 
Special Master-Monitor, and all variations thereto, ap-
pointed by the United States District Court for the Dis-
trict of Columbia in the Cobell v. Norton litigation at an 
annual rate that exceeds 200 percent of the highest Senior 
Executive Service rate of pay for the Washington-Balti-
more locality pay area. 
SEC. 126. The Secretary of the Interior may use dis-
cretionary funds to pay private attorneys fees and costs 
for employees and former employees of the Department 
of the Interior reasonably incurred in connection with 
Cobell v. Norton to the extent that such fees and costs 
are not paid by the Department of Justice or by private 
insurance. In no case shall the Secretary make payments 
under this section that would result in payment of hourly 
fees in excess of the highest hourly rate approved by the 
District Court for the District of Columbia for counsel in 
Cobell v. Norton. 
SEC. 127. The United States Fish and Wildlife Serv-
ice shall, in carrying out its responsibilities to protect 
threatened and endangered species of salmon, implement 
a system of mass marking of salmonid stocks, intended 
for harvest, that are released from Federally operated or 
Federally financed hatcheries including but not limited to
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fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily 
identified by commercial and recreational fishers. 
SEC. 128. Such sums as may be necessary from ‘‘De-
partmental Management, Salaries and Expenses’’, shall be 
transferred to ‘‘United States Fish and Wildlife Service, 
Resource Management’’ for operational needs at the Mid-
way Atoll National Wildlife Refuge airport. 
SEC. 129. (a) IN GENERAL.—Nothing in section 134 
of the Department of the Interior and Related Agencies 
Appropriations Act, 2002 (115 Stat. 443) affects the deci-
sion of the United States Court of Appeals for the 10th 
Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250 
(2001). 
(b) USE OF CERTAIN INDIAN LAND.—Nothing in this 
section permits the conduct of gaming under the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land 
described in section 123 of the Department of the Interior 
and Related Agencies Appropriations Act, 2001 (114 Stat. 
944), or land that is contiguous to that land, regardless 
of whether the land or contiguous land has been taken 
into trust by the Secretary of the Interior. 
SEC. 130. No funds appropriated for the Department 
of the Interior by this Act or any other Act shall be used 
to study or implement any plan to drain Lake Powell or
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to reduce the water level of the lake below the range of 
water levels required for the operation of the Glen Canyon 
Dam. 
SEC. 131. Notwithstanding the limitation in subpara-
graph (2)(B) of section 18(a) of the Indian Gaming Regu-
latory Act (25 U.S.C. 2717(a)), the total amount of all 
fees imposed by the National Indian Gaming Commission 
for fiscal year 2006 shall not exceed $12,000,000. 
SEC. 132. Notwithstanding any implementation of 
the Department of the Interior’s trust reorganization plan 
within fiscal years 2004 or 2005, funds appropriated for 
fiscal year 2005 shall be available to the tribes within the 
California Tribal Trust Reform Consortium and to the 
Salt River Pima Maricopa Indian Community, the Confed-
erated Salish-Kootenai Tribes of the Flathead Reservation 
and the Chippewa Cree Tribe of the Rocky Boys Reserva-
tion on the same basis as funds were distributed in fiscal 
year 2004. This Demonstration Project shall operate sepa-
rate and apart from the Department of the Interior’s trust 
reform reorganization, and the Department shall not im-
pose its trust management infrastructure upon or alter the 
existing trust resource management systems of the above 
referenced tribes having a self-governance compact and 
operating in accordance with the Tribal Self-Governance 
Program set forth in 25 U.S.C. Sections 458aa–458hh:
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Provided, That the California Trust Reform Consortium 
and any other participating tribe agree to carry out their 
responsibilites under the same fiduciary standards as 
those to which the Secretary of the Interior is held: Pro-
vided further, That they demonstrate, and continue to 
demonstrate, to the satisfaction of the Secretary that they 
have the capability to do so. 
SEC. 133. None of the funds appropriated or other-
wise made available by this or any other Act, hereafter 
enacted, may be used to permit the use of the National 
Mall for a special event, unless the permit expressly pro-
hibits the erection, placement, or use of structures and 
signs bearing commercial advertising. The Secretary may 
allow for recognition of sponsors of special events: Pro-
vided, That the size and form of the recognition shall be 
consistent with the special nature and sanctity of the Mall 
and any lettering or design identifying the sponsor shall 
be no larger than one-third the size of the lettering or de-
sign identifying the special event. In approving special 
events, the Secretary shall ensure, to the maximum extent 
practicable, that public use of, and access to the Mall is 
not restricted. For purposes of this section, the term ‘‘spe-
cial event’’ shall have the meaning given to it by section 
7.96(g)(1)(ii) of title 36, Code of Federal Regulations.
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TITLE II—RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST AND RANGELAND RESEARCH 
For necessary expenses of forest and rangeland re-
search as authorized by law, $280,654,000, to remain 
available until expended: Provided, That of the funds pro-
vided, $52,714,000 is for the forest inventory and analysis 
program. 
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health man-
agement, including treatments of pests, pathogens, and 
invasive or noxious plants and for restoring and rehabili-
tating forests damaged by pests or invasive plants, cooper-
ative forestry, and education and land conservation activi-
ties and conducting an international program as author-
ized, $282,446,000, to remain available until expended, as 
authorized by law of which $43,119,000 is to be derived 
from the Land and Water Conservation Fund: Provided, 
That none of the funds provided under this heading for 
the acquisition of lands or interests in lands shall be avail-
able until the Forest Service notifies the House Committee 
on Appropriations and the Senate Committee on Appro-
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priations, in writing, of specific contractual and grant de-
tails including the non-Federal cost share. 
NATIONAL FOREST SYSTEM 
For necessary expenses of the Forest Service, not 
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System, 
$1,399,599,000, to remain available until expended, which 
shall include 50 percent of all moneys received during 
prior fiscal years as fees collected under the Land and 
Water Conservation Fund Act of 1965, as amended, in 
accordance with section 4 of the Act (16 U.S.C. 460l– 
6a(i)): Provided, That unobligated balances under this 
heading available at the start of fiscal year 2005 shall be 
displayed by budget line item in the fiscal year 2006 budg-
et justification: Provided further, That, through fiscal year 
2009, the Secretary may authorize the expenditure or 
transfer of such sums as necessary to the Department of 
the Interior, Bureau of Land Management, for removal, 
preparation, and adoption of excess wild horses and burros 
from National Forest System lands, and for the perform-
ance of cadastral surveys to designate the boundaries of 
such lands. 
WILDLAND FIRE MANAGEMENT 
For necessary expenses for forest fire presuppression 
activities on National Forest System lands, for emergency
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fire suppression on or adjacent to such lands or other 
lands under fire protection agreement, hazardous fuels re-
duction on or adjacent to such lands, and for emergency 
rehabilitation of burned-over National Forest System 
lands and water, $1,734,865,000, to remain available until 
expended: Provided, That such funds including unobli-
gated balances under this heading, are available for repay-
ment of advances from other appropriations accounts pre-
viously transferred for such purposes: Provided further, 
That such funds shall be available to reimburse State and 
other cooperating entities for services provided in response 
to wildfire and other emergencies 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 (exclu-
sive of amounts for hazardous fuels reduction) at the end 
of fiscal year 2004 shall be transferred, as repayment for 
past advances that have not been repaid, to the fund es-
tablished pursuant to section 3 of Public Law 71–319 (16 
U.S.C. 576 et seq.): Provided further, That notwith-
standing 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 authorities for the use
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of funds, including the use of contracts, grants, and coop-
erative agreements, available to execute the Forest and 
Rangeland Research appropriation, are also available in 
the utilization of these funds for Fire Science Research: 
Provided further, That funds provided shall be available 
for emergency rehabilitation and restoration, hazardous 
fuels reduction activities in the urban-wildland interface, 
support to Federal emergency response, and wildfire sup-
pression activities of the Forest Service: Provided further, 
That of the funds provided, $266,238,000 is for hazardous 
fuels reduction activities, $13,000,000 is for rehabilitation 
and restoration, $23,000,000 is for research activities and 
to make competitive research grants pursuant to the For-
est and Rangeland Renewable Resources Research Act, as 
amended (16 U.S.C. 1641 et seq.), $40,000,000 is for 
State fire assistance, $8,000,000 is for volunteer fire as-
sistance, $15,000,000 is for forest health activities on 
Federal lands and $10,000,000 is for forest health activi-
ties 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, vege-
tation and watershed management, heritage site rehabili-
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tation, and wildlife and fish habitat management and res-
toration: Provided further, That transfers of any amounts 
in excess of those authorized in this paragraph, shall re-
quire approval of the House and Senate Committees on 
Appropriations in compliance with reprogramming proce-
dures contained in House Report 108–330: Provided fur-
ther, That the costs of implementing any cooperative 
agreement between the Federal Government and any non- 
Federal entity may be shared, as mutually agreed on by 
the affected parties: Provided further, That in addition to 
funds provided for State Fire Assistance programs, and 
subject to all authorities available to the Forest Service 
under the State and Private Forestry Appropriations, up 
to $15,000,000 may be used on adjacent non-Federal 
lands for the purpose of protecting communities when haz-
ard reduction activities are planned on national forest 
lands that have the potential to place such communities 
at risk: Provided further, That included in funding for haz-
ardous fuel reduction is $5,000,000 for implementing the 
Community Forest Restoration Act, Public Law 106–393, 
title VI, and any portion of such funds shall be available 
for use on non-Federal lands in accordance with authori-
ties available to the Forest Service under the State and 
Private Forestry Appropriation: Provided further, That in 
using the funds provided in this Act for hazardous fuels
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reduction activities, the Secretary of Agriculture may con-
duct fuel reduction treatments on Federal lands using all 
contracting and hiring authorities available to the Sec-
retary applicable to hazardous fuel reduction activities 
under the wildland fire management accounts: Provided 
further, That notwithstanding Federal Government pro-
curement and contracting laws, the Secretaries may con-
duct fuel reduction treatments, rehabilitation and restora-
tion, and other activities authorized under this heading on 
and adjacent to Federal lands using grants and coopera-
tive agreements: Provided further, That notwithstanding 
Federal Government procurement and contracting laws, in 
order to provide employment and training opportunities 
to people in rural communities, the Secretaries may award 
contracts, including contracts for monitoring activities, to 
local private, non-profit, or cooperative entities; Youth 
Conservation Corps crews or related partnerships, with 
State, local and non-profit youth groups; small or micro- 
businesses; or other entities that will hire or train a sig-
nificant percentage of local people to complete such con-
tracts: Provided further, That the authorities described 
above relating to contracts, grants, and cooperative agree-
ments are available until all funds provided in this title 
for hazardous fuels reduction activities in the urban 
wildland interface are obligated: Provided further, That
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the Secretary of the Interior and the Secretary of Agri-
culture 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 expedite jointly funded 
wildland fire management programs and projects. 
CAPITAL IMPROVEMENT AND MAINTENANCE 
For necessary expenses of the Forest Service, not 
otherwise provided for, $522,940,000, to remain available 
until expended for construction, reconstruction, mainte-
nance and acquisition of buildings and other facilities, and 
for construction, 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 opportunity for public comment has 
been provided on each decommissioning project. 
LAND ACQUISITION 
For expenses necessary to carry out the provisions 
of the Land and Water Conservation Fund Act of 1965,
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as amended (16 U.S.C. 460l–4 through 11), including ad-
ministrative expenses, and for acquisition of land or wa-
ters, or interest therein, in accordance with statutory au-
thority applicable to the Forest Service, $15,500,000, to 
be derived from the Land and Water Conservation Fund 
and to remain available until expended. 
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL 
ACTS 
For acquisition of lands within the exterior bound-
aries of the Cache, Uinta, and Wasatch National Forests, 
Utah; the Toiyabe National Forest, Nevada; and the An-
geles, San Bernardino, Sequoia, and Cleveland National 
Forests, California, 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 gov-
ernments, public school districts, or other public school au-
thorities, and for authorized expenditures from funds de-
posited by non-Federal parties pursuant to Land Sale and 
Exchange Acts, pursuant to the Act of December 4, 1967, 
as amended (16 U.S.C. 484a), to remain available until 
expended.
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RANGE BETTERMENT FUND 
For necessary expenses of range rehabilitation, pro-
tection, and improvement, 50 percent of all moneys re-
ceived during the prior fiscal year, as fees for grazing do-
mestic livestock on lands in National Forests in the 16 
Western States, pursuant to section 401(b)(1) of Public 
Law 94–579, as amended, to remain available until ex-
pended, of which not to exceed 6 percent shall be available 
for administrative expenses associated with on-the-ground 
range rehabilitation, protection, and improvements. 
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND 
RANGELAND RESEARCH 
For expenses authorized by 16 U.S.C. 1643(b), 
$65,000, 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 man-
age Federal lands in Alaska for subsistence uses under 
title VIII of the Alaska National Interest Lands Conserva-
tion Act (Public Law 96–487), $5,962,000 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 
exceed 124 passenger motor vehicles of which 21 will be
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used primarily for law enforcement purposes and of which 
124 shall be for replacement; acquisition of 25 passenger 
motor vehicles from excess sources, and hire of such vehi-
cles; purchase, operation, maintenance, and acquisition of 
aircraft from excess sources to maintain the operable fleet 
at 195 aircraft for use in Forest Service wildland fire pro-
grams and other Forest Service programs; notwith-
standing 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) purchase, erection, and alteration of buildings and 
other public improvements (7 U.S.C. 2250); (4) acquisi-
tion of land, waters, and interests therein pursuant to 7 
U.S.C. 428a; (5) for expenses pursuant to the Volunteers 
in the National Forest Act of 1972 (16 U.S.C. 558a, 
558d, and 558a note); (6) the cost of uniforms as author-
ized by 5 U.S.C. 5901–5902; and (7) for debt collection 
contracts in accordance with 31 U.S.C. 3718(c). 
Any appropriations or funds available to the Forest 
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency re-
habilitation of burned-over or damaged lands or waters 
under its jurisdiction, and fire preparedness due to severe
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burning conditions upon notification of the House and 
Senate Committees on Appropriations and if and only if 
all previously appropriated emergency contingent funds 
under the heading ‘‘Wildland Fire Management’’ have 
been released by the President and apportioned and all 
wildfire suppression funds under the heading ‘‘Wildland 
Fire Management’’ are obligated. 
The first transfer of funds into the Wildland Fire 
Management account shall include unobligated funds, if 
available, from the Land Acquisition account and the For-
est Legacy program within the State and Private Forestry 
account. 
Funds appropriated to the Forest Service shall be 
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Serv-
ice in connection with forest and rangeland research, tech-
nical information, and assistance in foreign countries, and 
shall be available to support forestry and related natural 
resource activities outside the United States and its terri-
tories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States 
and international organizations. 
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the 
provisions of section 702(b) of the Department of Agri-
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culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 
147b. 
None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries and 
expenses of personnel to carry out section 8002 of the 
Farm Security and Rural Investment Act of 2002. Not 
less than $40,000,000 of funds under such section is here-
by cancelled. 
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 
House Report 108–330. 
Not more than $72,467,000 of the funds available to 
the Forest Service shall be transferred to the Working 
Capital Fund of the Department of Agriculture. 
Funds available to the Forest Service shall be avail-
able to conduct a program of not less than $2,000,000 
for high priority projects within the scope of the approved 
budget which shall be carried out by the Youth Conserva-
tion Corps. 
Of the funds available to the Forest Service, $2,500 
is available to the Chief of the Forest Service for official 
reception and representation expenses.
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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 Na-
tional Forest Foundation to aid conservation partnership 
projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for ad-
ministrative expenses or projects on or benefitting Na-
tional Forest System lands or related to Forest Service 
programs: Provided, That of the Federal funds made 
available to the Foundation, $300,000 may be used for 
Forest Service Centennial activities and, of the total avail-
able to the Foundation, no more than $350,000 shall be 
available for administrative 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 Founda-
tion may transfer Federal funds to a non-Federal recipient 
for a project at the same rate that the recipient has ob-
tained the non-Federal matching funds: Provided further, 
That authorized investments of Federal funds held by the 
Foundation may be made only in interest-bearing obliga-
tions of the United States or in obligations guaranteed as 
to both principal and interest by the United States.
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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 
conservation partnership projects in support of the Forest 
Service mission, without regard to when expenses are in-
curred, for projects on or benefitting National Forest Sys-
tem lands or related to Forest Service programs: Provided, 
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 advanced by the 
Forest Service: Provided further, That the Foundation 
may transfer Federal 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 devel-
opment 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.
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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 Agri-
culture, for travel and related expenses incurred as a re-
sult of OGC assistance or participation requested by the 
Forest Service at meetings, training sessions, management 
reviews, land purchase negotiations and similar non-litiga-
tion related matters. Future budget justifications for both 
the Forest Service 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. 
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
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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
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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
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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:
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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.
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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
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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-
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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.
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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
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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
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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-
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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,
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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.
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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
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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
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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.
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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
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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
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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
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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 
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
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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. 
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.
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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 
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
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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. 
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.
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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, $120,972,000, 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-
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.
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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, $122,377,000, 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 
chairman or by grantees of the Endowment under the pro-
visions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 
the current and preceding fiscal years for which equal 
amounts have not previously been appropriated. 
ADMINISTRATIVE PROVISIONS 
None of the funds appropriated to the National 
Foundation on the Arts and the Humanities may be used
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to process any grant or contract documents which do not 
include the text of 18 U.S.C. 1913: Provided, That none 
of the funds appropriated to the National Foundation on 
the Arts and the Humanities may be used for official re-
ception and representation expenses: Provided further, 
That funds from nonappropriated sources may be used as 
necessary for official reception and representation ex-
penses: Provided further, That the Chairperson of the Na-
tional Endowment for the Arts may approve grants up to 
$10,000, if in the aggregate this amount does not exceed 
5 percent of the sums appropriated for grant-making pur-
poses per year: Provided further, That such small grant 
actions are taken pursuant to the terms of an expressed 
and direct delegation of authority from the National Coun-
cil on the Arts to the Chairperson. 
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.
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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 
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-
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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. 
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.
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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. 
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;
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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-
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
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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 
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-
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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. 
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-
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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: 
(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
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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— 
(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
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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. 
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-
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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. 
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
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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)’’; 
(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
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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.’’. 
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-
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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. 
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
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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: Provided, That if the Sec-
retary is not acting expeditiously and in good faith, within 
the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with re-
spect to such plan and a court of proper jurisdiction may 
order completion of the plan on an accelerated basis. 
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. 
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’’;
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(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 
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-
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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. 
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.
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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-
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,
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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 
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;
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110 Stat. 1321–200; 16 U.S.C. 460l–6a note), is amend-
ed— 
(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 
‘‘(D) dispersed areas for which expendi-
tures in facilities or services are limited.’’ 
SEC. 331. (a) ANNUAL REPORTING REQUIREMENTS 
ON COMPETITIVE SOURCING ACTIVITIES.—
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(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, 
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—
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(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-
el, and training costs associated with program 
management; 
(F) an estimate of the total anticipated 
savings, or a quantifiable description of im-
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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 
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.
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(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 
(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
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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-
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,
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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 
budget justifications. Changes to such estimates shall be 
presented to the Committees on Appropriations for ap-
proval.
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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 
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
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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. 
(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.
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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-
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
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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 
to the Secretary of the Interior with respect to public 
lands in the State of Colorado administered by the Sec-
retary through the Bureau of Land Management. 
‘‘(e) EXPIRATION OF AUTHORITY.—The authority of 
the Secretary of Agriculture and the Secretary of the Inte-
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rior to enter into cooperative agreements and contracts 
under this section expires September 30, 2009, and the 
term of any cooperative agreement or contract entered 
into under this section shall not extend beyond that date.’’. 
TITLE IV—SUPPLEMENTAL APPROPRIATIONS 
FOR FISCAL YEARS 2004 AND 2005 FOR UR-
GENT WILDLAND FIRE SUPPRESSION AC-
TIVITIES 
CHAPTER 1—FISCAL YEAR 2004 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
WILDLAND FIRE MANAGEMENT 
For an additional amount for fiscal year 2004 for 
‘‘Wildland Fire Management’’, $100,000,000, to remain 
available until expended, for urgent wildland fire suppres-
sion activities related to the fiscal year 2004 fire season 
pursuant to section 312 of S. Con. Res. 95 (108th Con-
gress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress): Provided, That such 
funds are also available for repayment of advances to 
other appropriation accounts from which funds are trans-
ferred for such purposes: Provided further, That cost con-
tainment measures shall be implemented within this ac-
count for fiscal year 2004, and the Secretary of the Inte-
rior shall submit to the Committees on Appropriations of
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the Senate and the House of Representatives a report on 
such cost containment measures by December 31 following 
the end of such fiscal year. 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
WILDLAND FIRE MANAGEMENT 
For an additional amount for fiscal year 2004 for 
‘‘Wildland Fire Management’’, $400,000,000, to remain 
available until expended, for urgent wildland fire suppres-
sion activities related to the fiscal year 2004 fire season 
pursuant to section 312 of S. Con. Res. 95 (108th Con-
gress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress): Provided, That such 
funds are also available for repayment of advances to 
other appropriation accounts from which funds are trans-
ferred for such purposes: Provided further, That cost con-
tainment measures shall be implemented within this ac-
count for fiscal year 2004, and the Secretary of Agri-
culture shall submit to the Committees on Appropriations 
of the Senate and the House of Representatives a report 
on such cost containment measures by December 31 fol-
lowing the end of such fiscal year.
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CHAPTER 2—FISCAL YEAR 2005 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
WILDLAND FIRE MANAGEMENT 
For an additional amount for fiscal year 2005 for 
‘‘Wildland Fire Management’’, $100,000,000, to remain 
available until expended, for urgent wildland fire suppres-
sion activities related to the fiscal year 2005 fire season 
pursuant to section 312 of S. Con. Res. 95 (108th Con-
gress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress): Provided, That these 
funds will become available in the event that funds pro-
vided in title I of this Act for wildland fire suppression 
are insufficient: Provided further, That such funds are also 
available for repayment of advances to other appropriation 
accounts from which funds are transferred for such pur-
poses: Provided further, That cost containment measures 
shall be implemented within this account for fiscal year 
2005, and the Secretary of the Interior shall submit to 
the Committees on Appropriations of the Senate and the 
House of Representatives a report on such cost contain-
ment measures by December 31 following the end of such 
fiscal year.
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DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
WILDLAND FIRE MANAGEMENT 
For an additional amount for fiscal year 2005 for 
‘‘Wildland Fire Management’’, $400,000,000, to remain 
available until expended, for urgent wildland fire suppres-
sion activities related to the fiscal year 2005 fire season 
pursuant to section 312 of S. Con. Res. 95 (108th Con-
gress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress): Provided, That these 
funds will become available in the event that funds pro-
vided in title II of this Act for wildland fire suppression 
are insufficient: Provided further, That such funds are also 
available for repayment of advances to other appropriation 
accounts from which funds are transferred for such pur-
poses: Provided further, That cost containment measures 
shall be implemented within this account for fiscal year 
2005, and the Secretary of Agriculture shall submit to the 
Committees on Appropriations of the Senate and the 
House of Representatives a report on such cost contain-
ment measures by December 31 following the end of such 
fiscal year. 
This Act may be cited as the ‘‘Department of the In-
terior and Related Agencies Appropriations Act, 2005’’.
Union Calendar No. 314 
108TH CONGRESS 
2D SESSION 
H. R. 4568 
[Report No. 108–542] 
Making appropriations for the Department of the 
Interior and related agencies for the fiscal year 
ending September 30, 2005, and for other pur-
poses. 
JUNE 15, 2004 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed