H. R. 2361—22
under the heading ‘‘Office of Special Trustee for American Indians, 
Indian Land Consolidation’’ of the Interior and Related Agencies 
Appropriations Act, 2001 (Public Law 106–291). 
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION 
NATURAL RESOURCE DAMAGE ASSESSMENT FUND 
To conduct natural resource damage assessment and restora-
tion 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.), $6,106,000, to remain available until 
expended. 
ADMINISTRATIVE PROVISIONS 
There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess 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 Management’’, 
‘‘Office of the Solicitor’’, and ‘‘Office of Inspector 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 Working Capital Fund 
estimates contained in the Departmental Management budget jus-
tification shall be presented to the Committees on Appropriations 
for approval: Provided further, That the Secretary shall provide 
a semi-annual report to the Committees on Appropriations on 
reimbursable support agreements between the Office of the Sec-
retary 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 emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or 
other unavoidable causes: Provided, That no funds shall be made 
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further, That all funds used pursuant 
to this section must be replenished by a supplemental appropriation 
which must be requested as promptly as possible. 
SEC. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in addition
H. R. 2361—23
to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland 
fires on or threatening lands under the jurisdiction of the Depart-
ment of the Interior; for the emergency rehabilitation of burned-
over lands under its jurisdiction; for emergency actions related 
to potential or actual earthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subsequent to 
actual oil spills; for response and natural resource damage assess-
ment 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 (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 Mining Reclama-
tion 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 regulatory 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 reimbursement 
to other Federal agencies for destruction of vehicles, 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 exhausted 
within 30 days: Provided further, That all funds used pursuant 
to this section must be replenished by a supplemental appropriation 
which must be requested as promptly as possible: Provided further, 
That such replenishment funds shall be used to reimburse, on 
a pro rata basis, accounts from which emergency funds were trans-
ferred. 
SEC. 103. 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 telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and the payment 
of dues, when authorized by the Secretary, for library membership 
in societies or associations which issue publications to members 
only or at a price to members lower than to subscribers who 
are not members. 
SEC. 104. No funds provided in this title may be expended 
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 degrees north latitude and east of 86 degrees west 
longitude. 
SEC. 105. No funds provided in this title may be expended 
by the Department of the Interior to conduct offshore oil and natural 
gas preleasing, leasing and related activities in the eastern Gulf 
of Mexico planning area for any lands located outside Sale 181,
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as identified in the final Outer Continental Shelf 5-Year Oil and 
Gas Leasing Program, 1997–2002. 
SEC. 106. No funds provided in this title may be expended 
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. 107. Appropriations made in this Act under the headings 
Bureau of Indian Affairs and Office of Special Trustee for American 
Indians and any unobligated balances from prior appropriations 
Acts made under the same headings shall be available for expendi-
ture or transfer for Indian trust management and reform activities, 
except that total funding for historical accounting activities shall 
not exceed amounts specifically designated in this Act for such 
purpose. 
SEC. 108. Notwithstanding any other provision of law, in fiscal 
years 2006 through 2010, for the purpose of reducing the backlog 
of Indian probate cases in the Department of the Interior, the 
hearing requirements of chapter 10 of title 25, United States Code, 
are deemed satisfied by a proceeding conducted by an Indian pro-
bate judge, appointed by the Secretary without regard to the provi-
sions 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, except 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. 109. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute 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 inac-
curate distribution methodologies. No tribe shall receive a reduction 
in Tribal Priority Allocation funds of more than 10 percent in 
fiscal year 2006. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the 
10 percent limitation does not apply. 
SEC. 110. (a) For fiscal year 2006 and each succeeding fiscal 
year, any funds made available by this Act for the Southwest 
Indian Polytechnic Institute and Haskell Indian Nations University 
for postsecondary programs of the Bureau of Indian Affairs in 
excess of the amount made available for those postsecondary pro-
grams for fiscal year 2005 shall be allocated in direct proportion 
to the need of the schools, as determined in accordance with the 
postsecondary funding formula adopted by the Office of Indian 
Education Programs. 
(b) For fiscal year 2007 and each succeeding fiscal year, the 
Bureau of Indian Affairs shall use the postsecondary funding for-
mula adopted by the Office of Indian Education Programs based 
on the needs of the Southwest Indian Polytechnic Institute and 
Haskell Indian Nations University to justify the amounts submitted 
as part of the budget request of the Department of the Interior.
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SEC. 111. Notwithstanding any other provision of law, in con-
veying the Twin Cities Research Center under the authority pro-
vided by Public Law 104–134, as amended 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 reimbursement until expended and without further 
appropriation: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all activities 
authorized by Public Law 100–696; 16 U.S.C. 460zz. 
SEC. 112. 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 
procedures prescribed by the Secretary. 
SEC. 113. Funds provided in this Act for Federal land acquisi-
tion by the National Park Service for Shenandoah Valley Battle-
fields National Historic District and Ice Age National Scenic Trail, 
and funds provided in division E of Public Law 108–447 (118 
Stat. 3050) for land acquisition at the Niobrara National Scenic 
River, may be used for a grant to a State, a local government, 
or any other land management entity for the acquisition of lands 
without regard to any restriction on the use of Federal land acquisi-
tion funds provided through the Land and Water Conservation 
Fund Act of 1965 as amended. 
SEC. 114. 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. 115. None of the funds made available in this Act may 
be used: (1) to demolish the bridge between Jersey 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. 116. 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, appointed by the United States 
District Court for the District 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-Baltimore 
locality pay area. 
SEC. 117. The Secretary of the Interior may use discretionary 
funds to pay private attorney 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 pay-
ments 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. 118. The United States Fish and Wildlife Service shall, 
in carrying out its responsibilities to protect threatened and endan-
gered 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