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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: Provided further, That 
20 U.S.C. 954(e) shall not apply to grants and contracts 
funded solely with nonappropriated monies. 
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), $1,951,000: 
Provided, That the Commission is authorized to charge 
fees to cover the full costs of its publications, and such 
fees shall be credited to this account as an offsetting col-
lection, to remain available until expended without further 
appropriation. 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 
99–190 (20 U.S.C. 956a), as amended, $6,534,000. 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on 
Historic Preservation (Public Law 89–665, as amended), 
$5,118,000: Provided, That none of these funds shall be 
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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, 
$7,623,000: Provided, That one-quarter of 1 percent of 
the funds provided under this heading may be used for 
official reception and representational expenses associated 
with hosting 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), $43,415,000, of which $515,000 for the equipment 
replacement program shall remain available until Sep-
tember 30, 2009; and $1,900,000 for the museum’s repair 
and rehabilitation program and $1,264,000 for the muse-
um’s exhibition design and production program shall re-
main available until expended. 
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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, 
$19,256,000 shall be available to the Presidio Trust, to 
remain available until expended. 
WHITE HOUSE COMMISSION ON THE NATIONAL 
MOMENT OF REMEMBRANCE 
SALARIES AND EXPENSES 
For necessary expenses of the White House Commis-
sion on the National Moment of Remembrance, $200,000. 
TITLE IV—GENERAL PROVISIONS 
SEC. 401. 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. 402. 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 
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other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913. 
SEC. 403. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 404. 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. 405. Estimated overhead charges, deductions, 
reserves or holdbacks from programs, projects, activities 
and subactivities to support government-wide, depart-
mental, agency or bureau administrative functions or 
headquarters, regional or central operations shall be pre-
sented in annual budget justifications and subject to ap-
proval by the Committees on Appropriations. Changes to 
such estimates shall be presented to the Committees on 
Appropriations for approval. 
SEC. 406. 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 provided in, 
this Act or any other Act. 
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SEC. 407. None of the funds available to the Forest 
Service or the Bureau of Land Management may be used 
in fiscal year 2007 or fiscal year 2008 to plan, prepare, 
or offer for sale timber from trees classified as giant se-
quoia (Sequoiadendron giganteum) which are located on 
National Forest System or Bureau of Land Management 
lands in a manner different than such sales were con-
ducted in fiscal year 2005. 
SEC. 408. (a) LIMITATION OF FUNDS.—None of the 
funds appropriated or otherwise made available pursuant 
to this Act shall be obligated or expended to accept or 
process applications for a patent for any mining or mill 
site claim located under the general mining laws. 
(b) EXCEPTIONS.—The provisions of subsection (a) 
shall not apply if the Secretary of the Interior determines 
that, for the claim concerned: (1) a patent application was 
filed with the Secretary on or before September 30, 1994; 
and (2) all requirements established under sections 2325 
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 
for vein or lode claims and sections 2329, 2330, 2331, 
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 
37) for placer claims, and section 2337 of the Revised 
Statutes (30 U.S.C. 42) for mill site claims, as the case 
may be, were fully complied with by the applicant by that 
date. 
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(c) REPORT.—On September 30, 2007, 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 
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. 409. 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– 
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134, 104–208, 105–83, 105–277, 106–113, 106–291, 
107–63, 108–7, 108–108, 108–447, and 109–54 for pay-
ments to tribes and tribal organizations for contract sup-
port costs associated with self-determination or self-gov-
ernance contracts, grants, compacts, or annual funding 
agreements with the Bureau of Indian Affairs or the In-
dian Health Service as funded by such Acts, are the total 
amounts available for fiscal years 1994 through 2006 for 
such purposes, except that, for the Bureau of Indian Af-
fairs, tribes and tribal organizations may use their tribal 
priority allocations for unmet contract support costs of on-
going contracts, grants, self-governance compacts or an-
nual funding agreements. 
SEC. 410. 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. 411. Amounts deposited during fiscal year 2006 
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 
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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. 412. Other than in emergency situations, none 
of the funds in this Act may be used to operate telephone 
answering machines during core business hours unless 
such answering machines include an option that enables 
callers to reach promptly an individual on-duty with the 
agency being contacted. 
SEC. 413. Prior to October 1, 2008, 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-
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tional Forest System. Nothing in this section exempts the 
Secretary from any other requirement of the Forest and 
Rangeland Renewable Resources Planning Act (16 U.S.C. 
1600 et seq.) or any other law: 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. 414. 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. 415. 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 through the 
end of fiscal year 2010 to enter into reciprocal agreements 
in which the individuals furnished under said agreements 
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to provide wildfire services are considered, for purposes 
of tort liability, employees of the country receiving said 
services when the individuals are engaged in fire suppres-
sion. The Secretary of Agriculture or the Secretary of the 
Interior shall not enter into any agreement under this pro-
vision unless the foreign country (either directly or 
through its fire organization) agrees to assume any and 
all liability for the acts or omissions of American fire-
fighters engaged in firefighting in a foreign country. When 
an agreement is reached for furnishing fire fighting serv-
ices, the only remedies for acts or omissions committed 
while fighting fires shall be those provided under the laws 
of the host country, and those remedies shall be the exclu-
sive remedies for any claim arising out of fighting fires 
in a foreign country. Neither the sending country nor any 
legal organization associated with the firefighter shall be 
subject to any legal action whatsoever pertaining to or 
arising out of the firefighter’s role in fire suppression. 
SEC. 416. In awarding a Federal contract with funds 
made available by this Act, notwithstanding Federal Gov-
ernment procurement and contracting laws, the Secretary 
of Agriculture and the Secretary of the Interior (the ‘‘Sec-
retaries’’) may, in evaluating bids and proposals, give con-
sideration to local contractors who are from, and who pro-
vide employment and training for, dislocated and displaced 
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workers in an economically disadvantaged rural commu-
nity, including those historically timber-dependent areas 
that have been affected by reduced timber harvesting on 
Federal lands and other forest-dependent rural commu-
nities isolated from significant alternative employment op-
portunities. Notwithstanding Federal Government pro-
curement and contracting laws the Secretaries may award 
contracts, grants or cooperative agreements to local non- 
profit entities, Youth Conservation Corps or related part-
nerships with State, local or non-profit youth groups, or 
small or micro-business or disadvantaged business. The 
contract, grant, or cooperative agreement is for forest haz-
ardous fuels reduction, watershed or water quality moni-
toring or restoration, wildlife or fish population moni-
toring, or habitat restoration or management. The terms 
‘‘rural community’’ and ‘‘economically disadvantaged’’ 
shall have the same meanings as in section 2374 of Public 
Law 101–624. The Secretaries shall develop guidance to 
implement this section. Nothing in this section shall be 
construed as relieving the Secretaries of any duty under 
applicable procurement laws, except as provided in this 
section. 
SEC. 417. 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 
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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. 418. (a) LIMITATION
ON
COMPETITIVE 
SOURCING STUDIES.— 
(1) Of the funds made available by this or any 
other Act to the Department of the Interior for fis-
cal year 2007, not more than $3,450,000 may be 
used by the Secretary of the Interior to initiate or 
continue competitive sourcing studies in fiscal year 
2007 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 included in the report ac-
companying this Act. 
(2) Of the funds appropriated by this Act, not 
more than $2,500,000 may be used in fiscal year 
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2007 for competitive sourcing studies and related 
activities by the Forest Service. 
(b) COMPETITIVE SOURCING STUDY DEFINED.—In 
this section, the term ‘‘competitive sourcing study’’ means 
a study on subjecting work performed by Federal Govern-
ment employees or private contractors to public-private 
competition or on converting the Federal Government em-
ployees or the work performed by such employees to pri-
vate contractor performance under the Office of Manage-
ment and Budget Circular A–76 or any other administra-
tive regulation, directive, or policy. 
(c) COMPETITIVE SOURCING EXEMPTION FOR FOR-
EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL 
YEAR 2006.—The Forest Service is hereby exempted from 
implementing the Letter of Obligation and post-competi-
tion accountability guidelines where a competitive sourcing 
study involved 65 or fewer full-time equivalents, the per-
formance decision was made in favor of the agency pro-
vider, no net savings was achieved by conducting the 
study, and the study was completed prior to the date of 
this Act. 
(d) In preparing any reports to the Committees on 
Appropriations on competitive sourcing activities, agencies 
funded in this Act shall include all costs attributable to 
conducting the competitive sourcing competitions and 
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staff work to prepare for competitions or to determine the 
feasibility of starting competitions, including costs attrib-
utable to paying outside consultants and contractors and, 
in accordance with full cost accounting principles, all costs 
attributable to developing, implementing, supporting, 
managing, monitoring, and reporting on competitive 
sourcing, including personnel, consultant, travel, and 
training costs associated with program management. 
(e) In carrying out any competitive sourcing study 
involving Forest Service employees, the Secretary of Agri-
culture shall— 
(1) determine whether any of the employees con-
cerned are also qualified to participate in wildland 
fire management activities; and 
(2) take into consideration the effect that con-
tracting with a private sector source would have on 
the ability of the Forest Service to effectively and ef-
ficiently fight and manage wildfires. 
SEC. 419. None of the funds in this Act or prior Acts 
making appropriations for the Department of the Interior 
and Related Agencies may be provided to the managing 
partners or their agents for the SAFECOM or Disaster 
Management projects. 
SEC. 420. Section 331 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 2000 (as 
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enacted into law by section 1000(a)(3) of Public Law 106– 
113; 113 Stat. 1501A–196; 16 U.S.C. 497 note), as 
amended, is amended— 
(1) in subsection (a) by striking ‘‘2006’’ and in-
serting ‘‘2007’’; and 
(2) in subsection (b) by striking ‘‘2006’’ and in-
serting ‘‘2007’’. 
SEC. 421. The Secretary of Agriculture may acquire, 
by exchange or otherwise, a parcel of real property, includ-
ing improvements thereon, of the Inland Valley Develop-
ment Agency of San Bernardino, California, or its succes-
sors and assigns, generally comprising Building No. 3 and 
Building No. 4 of the former Defense Finance and Ac-
counting Services complex located at the southwest corner 
of Tippecanoe Avenue and Mill Street in San Bernardino, 
California, adjacent to the former Norton Air Force Base. 
As full consideration for the property to be acquired, the 
Secretary of Agriculture may terminate the leasehold 
rights of the United States received pursuant to section 
8121(a)(2) of the Department of Defense Appropriations 
Act, 2005 (Public Law 108–287; 118 Stat. 999). The ac-
quisition of the property shall be on such terms and condi-
tions as the Secretary of Agriculture considers appropriate 
and may be carried out without appraisals, environmental 
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or administrative surveys, consultations, analyses, or other 
considerations of the condition of the property. 
SEC. 422. None of the funds made available in this 
Act may be used to study, complete a study of, or enter 
into a contract with a private party to carry out, without 
specific authorization in a subsequent Act of Congress, a 
competitive sourcing activity of the Secretary of Agri-
culture or the Secretary of the Interior, including support 
personnel of the Department of Agriculture and the De-
partment of the Interior, relating to wildfire management 
or wildfire suppression programs. 
SEC. 423. None of the funds made available in this 
Act may be used to work on or enter into a contract with 
a private party to carry out, the Fire Program Analysis 
system, unless both the Secretary of Agriculture and the 
Secretary of the Interior certify, in writing to the Comp-
troller General, that this funding will accomplish the exist-
ing work plan, as determined by the Wildland Fire Lead-
ership Council, and that State wildfire agencies will be full 
participants in the use and development of the system. 
SEC. 424. Notwithstanding any other provision of 
law, no officer or employee of the Smithsonian Institution 
or any of its subsidiary organizations shall be compensated 
directly or indirectly at an annual rate of pay in excess 
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of the statutorily established rate of pay of the President 
of the United States. 
SEC. 425. (a) The Congress finds that— 
(1) greenhouse gases accumulating in the at-
mosphere are causing average temperatures to rise 
at a rate outside the range of natural variability and 
are posing a substantial risk of rising sea-levels, al-
tered patterns of atmospheric and oceanic circula-
tion, and increased frequency and severity of floods 
and droughts; 
(2) There is a growing scientific consensus that 
human activity is a substantial cause of greenhouse 
gas accumulation in the atmosphere; and 
(3) mandatory steps will be required to slow or 
stop the growth of greenhouse gas emissions into the 
atmosphere. 
(b) It is the sense of the Congress that there should 
be enacted a comprehensive and effective national pro-
gram of mandatory, market-based limits and incentives on 
emissions of greenhouse gases that slow, stop, and reverse 
the growth of such emissions at a rate and in a manner 
that (1) will not significantly harm the United States 
economy; and (2) will encourage comparable action by 
other nations that are major trading partners and key con-
tributors to global emissions. 
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TITLE V—SUSPENSION OF ROYALTY RELIEF 
SEC. 501. (a) REQUIREMENT TO SUSPEND.—The 
Secretary of the Interior shall suspend the application of 
any provision of Federal law under which any person is 
given relief from any requirement to pay royalty for pro-
duction oil or natural gas from Federal lands (including 
submerged lands), for leases occurring in any period after 
the date of the enactment of this Act with respect to 
which— 
(1) in the case of production of oil, the average 
price of crude oil in the United States over the most 
recent 4 consecutive weeks is greater than $34.71 
per barrel; and 
(2) in the case of production of natural gas, the 
average wellhead price of natural gas in the United 
States over the most recent 4 consecutive weeks is 
greater than $4.34 per thousand cubic feet. 
(b) DETERMINATION OF MARKET PRICE.—The Sec-
retary shall determine average prices for purposes of sub-
section (a) based on the most recent data reported by the 
Energy Information Administration of the Department of 
Energy. 
SEC. 502. RENEGOTIATION OF EXISTING LEASES.— 
The Secretary of the Interior shall seek to renegotiate 
each existing lease authorizing production of oil or natural 
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gas on Federal land (including submerged land) that was 
issued by the Department of the Interior before the date 
of the enactment of this Act as necessary to modify the 
terms of such lease to ensure that any suspension of a 
requirement to pay royalties under such lease does not 
apply to production referred to in section 501(a). 
This Act may be cited as the ‘‘Department of the In-
terior, Environment, and Related Agencies Appropriations 
Act, 2007’’. 
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Union Calendar No. 257 
109TH CONGRESS 
2D SESSION 
H. R. 5386 
[Report No. 109–465] 
A BILL 
Making appropriations for the Department of the 
Interior, environment, and related agencies for 
the fiscal year ending September 30, 2007, and 
for other purposes. 
MAY 15, 2006 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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