104 
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, $97,100,000, of which not to exceed $3,157,000 for 
the special exhibition program shall remain available until 
expended. 
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of repair, restoration and 
renovation of buildings, grounds and facilities owned or 
occupied by the National Gallery of Art, by contract or 
otherwise, as authorized, $16,200,000, 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
105 
may be negotiated with selected contractors and awarded 
on the basis of contractor qualifications as well as price: 
Provided further, That, notwithstanding any other provi-
sion of law, a single procurement for the Master Facilities 
Plan renovation project at the National Gallery of Art may 
be issued which includes the full scope of the Work Area 
#3 project: Provided further, That the solicitation and the 
contract shall contain the clause ‘‘availability of funds’’ 
found at 48 CFR 52.232.18. 
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, $17,800,000. 
CONSTRUCTION 
For necessary expenses for capital repair and restora-
tion of the existing features of the building and site of 
the John F. Kennedy Center for the Performing Arts, 
$10,000,000, to remain available until expended. 
WOODROW WILSON INTERNATIONAL CENTER FOR 
SCHOLARS 
SALARIES AND EXPENSES 
For expenses necessary in carrying out the provisions 
of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
106 
1356) including hire of passenger vehicles and services as 
authorized by 5 U.S.C. 3109, $9,085,000. 
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, $121,264,000 (increased by $10,000,000) 
shall be available to the National Endowment for the Arts 
for the support of projects and productions in the arts 
through assistance to organizations and individuals pursu-
ant to sections 5(c) and 5(g) of the Act, including 
$14,922,000 (increased by $10,000,000) for support of 
arts education and public outreach activities through the 
Challenge America program, for program support, and for 
administering the functions of the Act, to remain available 
until expended: Provided, That funds previously appro-
priated to the National Endowment for the Arts ‘‘Match-
ing Grants’’ account and ‘‘Challenge America’’ account 
may be transferred to and merged with this account. 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National 
Foundation on the Arts and the Humanities Act of 1965,
107 
as amended, $122,605,000 (increased by $5,000,000), 
shall be available to the National Endowment for the Hu-
manities for support of activities in the humanities, pursu-
ant 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, $15,449,000, to remain available 
until expended, of which $10,000,000 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 
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-
108 
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), $1,893,000: 
Provided, That the Commission is authorized to charge 
fees to cover the full costs of its publications, and such 
fees shall be credited to this account as an offsetting col-
lection, to remain available until expended without further 
appropriation. 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 
99–190 (20 U.S.C. 956(a)), as amended, $7,000,000: Pro-
vided, That no one organization shall receive a grant in 
excess of $400,000 in a single year.
109 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on 
Historic Preservation (Public Law 89–665, as amended), 
$4,860,000: 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, 
$8,177,000: Provided, That one-quarter of 1 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), $41,880,000, of which $1,874,000 for the muse-
um’s repair and rehabilitation program and $1,246,000 
for the museum’s exhibitions program shall remain avail-
able until expended.
110 
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. 
WHITE HOUSE COMMISSION ON THE NATIONAL 
MOMENT OF REMEMBRANCE 
For necessary expenses of the White House Commis-
sion on the National Moment of Remembrance, $250,000. 
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.
111 
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. 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. 406. 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. 407. (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.
112 
(b) EXCEPTIONS.—The provisions of subsection (a) 
shall not apply if the Secretary of the Interior determines 
that, for the claim concerned: (1) a patent application was 
filed with the Secretary on or before September 30, 1994; 
and (2) all requirements established under sections 2325 
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 
for vein or lode claims and sections 2329, 2330, 2331, 
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 
37) for placer claims, and section 2337 of the Revised 
Statutes (30 U.S.C. 42) for mill site claims, as the case 
may be, were fully complied with by the applicant by that 
date. 
(c) REPORT.—On September 30, 2006, 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
113 
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. 408. 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, 108–108, and 108–447 for payments to 
tribes and tribal organizations for contract support costs 
associated with self-determination or self-governance con-
tracts, 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 2005 for such pur-
poses, except that, for the Bureau of Indian Affairs, tribes 
and tribal organizations may use their tribal priority allo-
cations for unmet contract support costs of ongoing con-
tracts, grants, self-governance compacts or annual funding 
agreements.
114 
SEC. 409. Of the funds provided to the National En-
dowment for the Arts: 
(1) The Chairperson shall only award a grant 
to an individual if such grant is awarded to such in-
dividual for a literature fellowship, National Herit-
age Fellowship, or American Jazz Masters Fellow-
ship. 
(2) The Chairperson shall establish procedures 
to ensure that no funding provided through a grant, 
except a grant made to a State or local arts agency, 
or regional group, may be used to make a grant to 
any other organization or individual to conduct ac-
tivity independent of the direct grant recipient. 
Nothing in this subsection shall prohibit payments 
made in exchange for goods and services. 
(3) No grant shall be used for seasonal support 
to a group, unless the application is specific to the 
contents of the season, including identified programs 
and/or projects. 
SEC. 410. The National Endowment for the Arts and 
the National Endowment for the Humanities are author-
ized to solicit, accept, receive, and invest in the name of 
the United States, gifts, bequests, or devises of money and 
other property or services and to use such in furtherance 
of the functions of the National Endowment for the Arts
115 
and the National Endowment for the Humanities. Any 
proceeds from such gifts, bequests, or devises, after ac-
ceptance by the National Endowment for the Arts or the 
National Endowment for the Humanities, shall be paid by 
the donor or the representative of the donor to the Chair-
man. 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. 411. (a) In providing services or awarding fi-
nancial 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
116 
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant 
Act (42 U.S.C. 9902(2)) applicable to a family of 
the size involved. 
(c) In providing services and awarding financial as-
sistance under the National Foundation on the Arts and 
Humanities Act of 1965 with funds appropriated by this 
Act, the Chairperson of the National Endowment for the 
Arts shall ensure that priority is given to providing serv-
ices or awarding financial assistance for projects, produc-
tions, workshops, or programs that will encourage public 
knowledge, education, understanding, and appreciation of 
the arts. 
(d) With funds appropriated by this Act to carry out 
section 5 of the National Foundation on the Arts and Hu-
manities Act of 1965— 
(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);
117 
(3) the Chairperson shall report to the Con-
gress annually and by State, on grants awarded by 
the Chairperson in each grant category under sec-
tion 5 of such Act; and 
(4) the Chairperson shall encourage the use of 
grants to improve and support community-based 
music performance and education. 
SEC. 412. 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. 413. Amounts deposited during fiscal year 2005 
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-
118 
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. 414. 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. 415. Prior to October 1, 2006, the Secretary 
of Agriculture shall not be considered to be in violation 
of subparagraph 6(f)(5)(A) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 
1604(f)(5)(A)) solely because more than 15 years have 
passed without revision of the plan for a unit of the Na-
tional Forest System. Nothing in this section exempts the 
Secretary from any other requirement of the Forest and 
Rangeland Renewable Resources Planning Act (16 U.S.C. 
1600 et seq.) or any other law: 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
119 
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. 416. 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. 417. EXTENSION OF FOREST SERVICE CONVEY-
ANCES PILOT PROGRAM.—Section 329 of the Department 
of the Interior and Related Agencies Appropriations Act, 
2002 (16 U.S.C. 580d note; Public Law 107–63) is 
amended— 
(1) in subsection (b), by striking ‘‘40’’ and in-
serting ‘‘60’’; 
(2) in subsection (c) by striking ‘‘13’’ and in-
serting ‘‘25’’; and 
(3) in subsection (d), by striking ‘‘2008’’ and 
inserting ‘‘2009’’.
120 
SEC. 418. 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-
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.
121 
SEC. 419. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act. 
SEC. 420. 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 con-
tracts, grants or cooperative agreements to local non-prof-
it entities, Youth Conservation Corps or related partner-
ships with State, local or non-profit youth groups, or small 
or disadvantaged business or micro-business: Provided fur-
ther, That the contract, grant, or cooperative agreement 
is for forest hazardous fuels reduction, watershed or water 
quality monitoring or restoration, wildlife or fish popu-
lation monitoring, or habitat restoration or management: