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contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
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 pro-
posal on which Congressional action is not complete 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 serv-
ants to any officer or employee of such department or agen-
cy except as otherwise provided by law.
SEC. 405. Estimated overhead charges, deductions, re-
serves or holdbacks from programs, projects, activities and
subactivities to support government-wide, departmental,
agency or bureau administrative functions or headquarters,
regional or central operations shall be presented in annual
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budget justifications and subject to approval by the Com-
mittees on Appropriations. Changes to such estimates shall
be presented to the Committees on Appropriations for ap-
proval.
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 pur-
suant to a transfer made by, or transfer provided in, this
Act or any other Act.
SEC. 407. None of the funds in this Act may be used
to plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are lo-
cated on National Forest System or Bureau of Land Man-
agement lands in a manner different than such sales were
conducted 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 proc-
ess 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
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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 Resources
of the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report on ac-
tions taken by the Department under the plan submitted
pursuant to section 314(c) of the Department 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 Man-
agement to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Manage-
ment shall have the sole responsibility to choose and pay
the third-party contractor in accordance with the standard
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procedures employed by the Bureau of Land Management
in the retention of third-party contractors.
SEC. 409. The National Endowment for the Arts and
the National Endowment for the Humanities are herein-
after authorized 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 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 en-
dowment for the purposes specified in each case.
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 Re-
newable Resources Planning Act.
SEC. 411. Section 3(a) 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 ‘‘or’’ following ‘‘stand of timber,’’
in (3); and
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(2) by striking the period following ‘‘wildlife
habitat management’’ in (4), and inserting ‘‘, or (5)
watershed restoration, wildlife habitat improvement,
control of insects, disease and noxious weeds, commu-
nity protection activities, and the maintenance of for-
est roads, within the Forest Service region in which
the timber sale occurred: Provided, That such activi-
ties may be performed through the use of contracts,
forest product sales, and cooperative agreements.’’.
SEC. 412. 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 re-
construct roads, bridges, and trails on National Forest Sys-
tem lands or to carry out and administer projects to im-
prove 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 ecological functions,
long-term forest productivity, and biological integrity. The
projects may be completed in a subsequent fiscal year.
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Funds shall not be expended under this section to replace
funds which would otherwise appropriately be expended
from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environ-
mental law.
SEC. 413. 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. 414. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised using
a residual value approach that assigns domestic Alaska val-
ues for western redcedar. Program accomplishments shall
be based on volume sold. Should Region 10 sell, in the cur-
rent fiscal year, the annual average portion of the decadal
allowable sale quantity called for in the current Tongass
Land Management Plan in sales which are not deficit when
appraised using a residual value approach that assigns do-
mestic Alaska values for western redcedar, all of the western
redcedar timber from those sales which is surplus to the
needs of domestic processors in Alaska, shall be made avail-
able to domestic processors in the contiguous 48 United
States at prevailing domestic prices. Should Region 10 sell,
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in the current fiscal year, less than the annual average por-
tion of the decadal allowable sale quantity called for in the
Tongass Land Management Plan in sales which are not def-
icit when appraised using a residual value approach that
assigns domestic Alaska values for western redcedar, the vol-
ume of western redcedar timber available to domestic proc-
essors at prevailing domestic prices in the contiguous 48
United States shall be that volume: (1) which is surplus
to the needs of domestic processors in Alaska; and (2) is
that percent of the surplus western redcedar volume deter-
mined by calculating the ratio of the total timber volume
which has been sold on the Tongass to the annual average
portion of the decadal allowable sale quantity called for in
the current Tongass Land Management Plan. The percent-
age shall be calculated by Region 10 on a rolling basis as
each sale is sold (for purposes of this amendment, a ‘‘rolling
basis’’ shall mean that the determination of how much west-
ern redcedar is eligible for sale to various markets shall be
made at the time each sale is awarded). Western redcedar
shall be deemed ‘‘surplus to the needs of domestic processors
in Alaska’’ when the timber sale holder has presented to
the Forest Service documentation of the inability to sell
western redcedar logs from a given sale to domestic Alaska
processors at a price equal to or greater than the log selling
value stated in the contract. All additional western redcedar
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volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at
the election of the timber sale holder. All Alaska yellow
cedar may be sold at prevailing export prices at the election
of the timber sale holder.
SEC. 415. Prior to October 1, 2006, the Secretary of
Agriculture shall not be considered to be in violation of sub-
paragraph 6(f)(5)(A) of the Forest and Rangeland Renew-
able 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
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 Monument es-
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tablished 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 Presi-
dential proclamation establishing such monument.
SEC. 417. 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 coun-
try receiving said services when the individuals are engaged
in fire suppression: Provided, That the Secretary of Agri-
culture or the Secretary of the Interior shall not enter into
any agreement under this provision unless the foreign coun-
try (either directly or through its fire organization) agrees
to assume any and all liability for the acts or omissions
of American firefighters engaged in firefighting in a foreign
country: Provided further, That when an agreement is
reached for furnishing fire fighting services, the only rem-
edies 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 exclusive remedies for any
claim arising out of fighting fires in a foreign country: Pro-
vided further, That neither the sending country nor any
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legal organization associated with the firefighter shall be
subject to any legal action whatsoever pertaining to or aris-
ing out of the firefighter’s role in fire suppression.
SEC. 418. Notwithstanding any other provision of law
or regulation, to promote the more efficient use of the health
care funding allocation for fiscal year 2006, 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, pharmacist, or other health
professional and may pay a recruitment or retention bonus
of up to 25 percent above the base pay rate.
SEC. 419. 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 ‘‘Secre-
taries’’) may, in evaluating bids and proposals, give consid-
eration to local contractors who are from, and who provide
employment and training for, dislocated and displaced
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 communities
isolated from significant alternative employment opportu-
nities: Provided, That notwithstanding Federal Government
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procurement and contracting laws the Secretaries may
award contracts, 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 micro-business or disadvantaged business: Pro-
vided further, That the contract, grant, or cooperative agree-
ment is for forest hazardous fuels reduction, watershed or
water quality monitoring or restoration, wildlife or fish
population monitoring, or habitat restoration or manage-
ment: Provided further, That the terms ‘‘rural community’’
and ‘‘economically disadvantaged’’ shall have the same
meanings as in section 2374 of Public Law 101–624: Pro-
vided further, That the Secretaries shall develop guidance
to implement this section: Provided further, That 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. 420. 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 con-
demnation without the approval of the House and Senate
Committees on Appropriations: Provided, That this provi-
sion shall not apply to funds appropriated to implement
the Everglades National Park Protection and Expansion
Act of 1989, or to funds appropriated for Federal assistance
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to the State of Florida to acquire lands for Everglades res-
toration purposes.
SEC. 421. (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 fiscal
year 2006, 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 2006 for
programs, projects, and activities for which funds are
appropriated by this Act until such time as the Sec-
retary concerned submits a reprogramming 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 accompanying this
Act.
(2) Of the funds appropriated by this Act, not
more than $3,000,000 may be used in fiscal year
2006 for competitive sourcing studies and related ac-
tivities 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
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competition or on converting the Federal Government em-
ployees or the work performed by such employees to private
contractor performance under the Office of Management
and Budget Circular A–76 or any other administrative reg-
ulation, directive, or policy.
(c) COMPETITIVE SOURCING EXEMPTION FOR FOREST
SERVICE STUDIES CONDUCTED PRIOR TO FISCAL YEAR
2006.—The Forest Service is hereby exempted from imple-
menting the Letter of Obligation and post-competition ac-
countability guidelines where a competitive sourcing study
involved 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.
(d) In preparing any reports to the Committees on Ap-
propriations on competitive sourcing activities, agencies
funded in this Act shall include the incremental cost di-
rectly attributable to conducting the competitive sourcing
competitions, including costs attributable to paying outside
consultants and contractors and, in accordance with full
cost accounting principles, all costs attributable to devel-
oping, implementing, supporting, managing, monitoring,
and reporting on competitive sourcing, including personnel,
consultant, travel, and training costs associated with pro-
gram management.
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(e) In carrying out any competitive sourcing study in-
volving 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 effi-
ciently fight and manage wildfires.
SEC. 422. 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. 423. (a) IN GENERAL.—An entity that enters
into a contract with the United States to operate the Na-
tional Recreation Reservation Service (as solicited by the
solicitation numbered WO–04–06vm) shall not carry out
any duties under the contract using:
(1) a contact center located outside the United
States; or
(2) a reservation agent who does not live in the
United States.
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(b) NO WAIVER.—The Secretary of Agriculture may
not waive the requirements of subsection (a).
(c) TELECOMMUTING.—A reservation agent who is car-
rying out duties under the contract described in subsection
(a) may not telecommute from a location outside the United
States.
(d) LIMITATIONS.—Nothing in this Act shall be con-
strued to apply to any employee of the entity who is not
a reservation agent carrying out the duties under the con-
tract described in subsection (a) or who provides manage-
rial or support services.
SEC. 424. Section 331, of Public Law 106–113, is
amended—
(1) in part (a) by striking ‘‘2004’’ and inserting
‘‘2006’’; and
(2) in part (b) by striking ‘‘2004’’ and inserting
‘‘2006’’.
SEC. 425. Section 321 of the Consolidated Appropria-
tions Act, 2003, as included in Public Law 108–7, is
amended by striking ‘‘September 30, 2005’’ and inserting
‘‘September 30, 2007’’.
SEC. 426. Section 5 of the Arts and Artifacts Indem-
nity Act (20 U.S.C. 974) is amended—
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(1) 
in 
subsection 
(b), 
by 
striking
‘‘$8,000,000,000’’ and inserting ‘‘$10,000,000,000’’;
and
(2) in subsection (c), by striking ‘‘$600,000,000’’
and inserting ‘‘$1,200,000,000’’.
SEC. 427. (a) IN GENERAL.—
(1) Beginning in fiscal year 2006 and thereafter,
the Secretary of Agriculture and the Secretary of the
Interior are authorized to make grants to the Eastern
Nevada Landscape Coalition for the study and res-
toration of rangeland and other lands in Nevada’s
Great Basin in order to help assure the reduction of
hazardous fuels and for related purposes.
(2) Beginning in fiscal year 2006 and thereafter,
notwithstanding 31 U.S.C. secs. 6301–6308, the Di-
rector of the Bureau of Land Management may enter
into a cooperative agreement with the Eastern Ne-
vada Landscape Coalition for the Great Basin Res-
toration Project, including hazardous fuels and me-
chanical treatments and related work.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.
SEC. 428. (a) Section 108(g) of the Valles Caldera
Preservation Act (16 U.S.C. 698v–6(g)) is amended—
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(1) in the first sentence, by striking ‘‘The Sec-
retary’’ and inserting the following:
‘‘(1) LAW ENFORCEMENT.—
‘‘(A) IN GENERAL.—The Secretary’’;
(2) in the second sentence, by striking ‘‘The
Trust’’ and inserting the following:
‘‘(B) FEDERAL AGENCY.—The Trust’’; and
(3) by striking ‘‘At the request of the Trust’’ and
all that follows through the end of the paragraph and
inserting the following:
‘‘(2) FIRE MANAGEMENT.—
‘‘(A) NON-REIMBURSABLE SERVICES.—
‘‘(i) DEVELOPMENT OF PLAN.—Subject
to the availability of appropriations under
section 111(a), the Secretary shall, in con-
sultation with the Trust, develop a plan to
carry out fire preparedness, suppression,
and emergency rehabilitation services on the
Preserve.
‘‘(ii) CONSISTENCY WITH MANAGEMENT
PROGRAM.—The plan shall be consistent
with the management program developed
pursuant to subsection (d).
‘‘(iii) COOPERATIVE AGREEMENT.—To
the extent generally authorized at other
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units of the National Forest System, the
Secretary shall provide the services to be
carried out pursuant to the plan under a
cooperative agreement entered into between
the Secretary and the Trust.
‘‘(B) REIMBURSABLE SERVICES.—To the ex-
tent generally authorized at other units of the
National Forest System and subject to the avail-
ability of appropriations under section 111(a),
the Secretary shall provide presuppression and
nonemergency rehabilitation and restoration
services for the Trust at any time on a reimburs-
able basis.’’
(b) The amendments made by subsection (a) take effect
on January 1, 2005.
SEC. 429. None of the funds made available to the For-
est Service under this Act shall be expended or obligated
for the demolition of buildings at the Zephyr Shoals prop-
erty, Lake Tahoe, Nevada.
SEC. 430. Section 114 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 2003 (16
U.S.C. 460bb–3; Public Law 108–7), is amended—
(1) in the second sentence, by inserting ‘‘, includ-
ing utility expenses of the National Park Service or
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lessees of the National Park Service’’ after ‘‘Fort
Baker properties’’; and
(2) by inserting between the first and second sen-
tences the following: ‘‘In furtherance of a lease entered
into under the first sentence, the Secretary of the Inte-
rior or a lessee may impose fees on overnight lodgers
at Fort Baker properties.’’.
SEC. 431. (a) Section 813(a) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6812(a)) is
amended by striking ‘‘and (i)’’ and inserting ‘‘and (i) (ex-
cept for paragraph (1)(C))’’.
(b) Section 4(i)(1)(C)(i) of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(C)(i))
is amended—
(1) by striking ‘‘Notwithstanding subparagraph
(A)’’ and all that follows through ‘‘or section 107’’
and inserting ‘‘Notwithstanding section 107’’; and
(2) by striking ‘‘account under subparagraph
(A)’’ and inserting ‘‘account under section 807(a) of
the Federal Lands Recreation Enhancement Act (16
U.S.C. 6806(a))’’.
(c) Except as provided in this section, section
4(i)(1)(C) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-6a(i)(1)(C)) shall be applied and
administered as if section 813(a) of the Federal Lands
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Recreation Enhancement Act (16 U.S.C. 6812(a)) (and the
amendments made by that section) had not been enacted.
(d) This section and the amendments made by this sec-
tion take effect on December 8, 2004.
SEC. 432. Section 323(a) of the Department of the In-
terior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 1011 note; Public Law 105–277), is amended by
striking ‘‘fiscal year 1999’’ and all that follows through
‘‘2005’’ and inserting ‘‘for each of fiscal years 2006 through
2015’’.
SEC. 433. CONGRESSIONAL SECURITY RELATING TO
CERTAIN REAL PROPERTY. (a) IN GENERAL.—Except as
provided under subsection (b)—
(1) the District of Columbia Board of Zoning
Adjustments and the District of Columbia Zoning
Commission may not take any action to grant any
variance relating to the property located at 51 Lou-
isiana Avenue NW, Square 631, Lot 17 in the Dis-
trict of Columbia; and
(2) if any variance described under paragraph
(1) is granted before the effective date of this section,
such variance shall be set aside and shall have no
force or effect.
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(b) CONDITIONS FOR VARIANCE.—A variance described
under subsection (a) may be granted or shall be given force
or effect if—
(1) the Capitol Police Board makes a determina-
tion that any such variance shall not—
(A) negatively impact congressional secu-
rity; and
(B) increase Federal expenditures relating
to congressional security;
(2) the Majority and Minority Leaders of the
Senate and the Speaker and Minority Leader of the
House of Representatives approve such determination;
and
(3) the Capitol Police Board certifies the deter-
mination in writing to the District of Columbia
Board of Zoning Adjustments and the District of Co-
lumbia Zoning Commission.
(c) EFFECTIVE DATE.—This section shall take effect
on the date of enactment of this Act and apply to the re-
maining portion of the fiscal year in which enacted and
each fiscal year thereafter.
SEC. 434. BISCUIT FIRE RECOVERY PROJECT, RE-
PORT. (a) Within 90 days of enactment of this Act, the Sec-
retary of Agriculture shall submit to Congress a report re-
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garding the rehabilitation of the Biscuit Fire area in south-
ern Oregon, including:
(1) the change in reforestation capabilities and
costs between the date of the containment of the Bis-
cuit Fire and the completion of the Biscuit Fire Re-
covery Project, as detailed in the Record of Decision;
(2) the commercial value lost, as well as recov-
ered, of fire-killed timber within the Biscuit Fire
area; and
(3) all actions included in the Record of Decision
for the Biscuit Fire Recovery Project, but forgone be-
cause of delay or funding shortfall.
SEC. 435. None of the funds made available by this
Act may be used in contravention of, or to delay the imple-
mentation of, Executive Order No. 12898 of February 11,
1994 (59 Fed. Reg. 7629; relating to Federal actions to ad-
dress environmental justice in minority populations and
low-income populations).
SEC. 436. None of the funds made available in this
Act may be used in contravention of 15 U.S.C. § 2682(c)(3)
or to delay the implementation of that section.
SEC. 437. (a) FINDINGS.—The Senate makes the fol-
lowing findings:
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(1) The on-budget deficit for fiscal year 2005 is
estimated to be $541,000,000,000 according to the
Congressional Budget Office.
(2) Total publicly-held Federal debt on which the
American taxpayer pays interest is expected to reach
$6,000,000,000,000 by 2011 according to the Congres-
sional Budget Office.
(3) The United States and its allies are cur-
rently engaged in a global war on terrorism.
(b) SENSE OF THE SENATE.— It is the sense of the
Senate that:
(1) The servicemen and women of the United
States Armed Forces deserve the full support of the
Senate as they seek to preserve the safety and security
of the American people.
(2) Activities relating to the defense of the
United States and the global war on terror should be
fully funded.
(3) Activities relating to the defense of the
United States and the global war on terror should not
be underfunded in order to support increased Federal
spending on non-defense discretionary activities.
SEC. 438. Section 5(c) of the National Trails System
Act (16 U.S.C. 1244(c)) is amended by adding at the end
the following:
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‘‘(43)(A) The Captain John Smith Chesapeake Na-
tional Historic Watertrail, a series of routes extending ap-
proximately 3000 miles along the Chesapeake Bay and the
tributaries of the Chesapeake Bay in the States of Virginia,
Maryland, Pennsylvania, and Delaware and the District
of Columbia that traces Captain John Smith’s voyages
charting the land and waterways of the Chesapeake Bay
and the tributaries of the Chesapeake Bay.
‘‘(B) The study shall be conducted in consultation with
Federal, State, regional, and local agencies and representa-
tives of the private sector, including the entities responsible
for administering—
‘‘(i) 
the 
Chesapeake 
Bay 
Gateways 
and
Watertrails Network authorized under the Chesapeake
Bay Initiative Act of 1998 (16 U.S.C. 461 note; Pub-
lic Law 105–312); and
‘‘(ii) the Chesapeake Bay Program authorized
under section 117 of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1267).’’.
SEC. 439. (a) From the money in the Treasury not
otherwise obligated or appropriated, there are appropriated
to the Department of Veterans Affairs $1,500,000,000 for
the fiscal year ending September 30, 2005, for medical serv-
ices provided by the Veterans Health Administration, which
shall be available until expended.
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(b) The amount appropriated under subsection (a)—
(1) is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th
Congress); and
(2) shall remain available until expended.
(c) This section shall take effect on the date of enact-
ment of this Act.
TITLE V—FACILITY REALIGNMENT AND
ENHANCEMENT ACT OF 2005
SEC. 501. SHORT TITLE. This title may be cited as
the ‘‘Forest Service Facility Realignment and Enhancement
Act of 2005’’.
SEC. 502. DEFINITIONS. In this title:
(1) ADMINISTRATIVE SITE.—
(A) IN GENERAL.—The term ‘‘administra-
tive site’’ means—
(i) any facility or improvement, in-
cluding curtilage that was acquired or is
used specifically for purposes of administra-
tion of the National Forest System; and
(ii) any associated Federal land nec-
essary to include for efficient administra-
tion of the National Forest System that was
acquired or is utilized specifically for pur-
poses of administration of Forest Service
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activities and underlies or abuts an admin-
istrative facility, improvement, or curtilage;
or
(iii) up to 10 isolated parcels of not
more than 80 acres which were acquired for
administrative purposes but have not been
utilized, such as vacant town lots outside of
a National Forest proclaimed boundary.
(B) INCLUSIONS.—The term ‘‘administra-
tive site’’ includes—
(i) a forest headquarters;
(ii) a ranger station;
(iii) a research station or laboratory;
(iv) a dwelling;
(v) a warehouse;
(vi) a scaling station;
(vii) a fire-retardant mixing station;
(viii) a lookout;
(ix) a visitor center;
(x) a guard station;
(xi) a storage facility;
(xii) a telecommunication facility; and
(xiii) other administrative installa-
tions for conducting Forest Service activi-
ties.
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(C) EXCLUSIONS.—Federal land to be con-
veyed under this Act shall not include—
(i) any area within a unit of the Na-
tional Forest System specifically designated
for resource protection, conservation, or rec-
reational purposes, including land within
the National Wilderness Preservation Sys-
tem, the Wild and Scenic River System,
and National Monuments; or
(ii) land that is needed for resource
management purposes or that would be in
the public interest to retain.
(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the General Serv-
ices Administration.
(3) MARKET ANALYSIS.—The term ‘‘market anal-
ysis’’ means the identification and study of the real
estate market for a particular economic good or serv-
ice.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
SEC. 503. AUTHORIZATION OF CONVEYANCES. (a) IN
GENERAL.—For fiscal years 2006–2009, the Secretary may
convey, by sale, lease, exchange, a combination of sales and
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exchanges, or by other means, any administrative site or
interest in an administrative site that is—
(1) except for those administrative sites described
in section 502(1)(A)(iii), less than 40 acres for each
administrative site or compound of administrative
sites; and
(2) under the jurisdiction of the Secretary.
(b) LEAD-BASED
PAINT
AND
ASBESTOS
ABATE-
MENT.—
(1) IN
GENERAL.—Notwithstanding any other
provisions of law, in any conveyance under subsection
(a), the Secretary shall not be required to mitigate or
abate lead-based paint or asbestos-containing building
materials with respect to the administrative site con-
veyed.
(2) NOTICE.—Notwithstanding paragraph (1), if
the administrative site being conveyed has lead-based
paint or asbestos-containing building materials, the
Secretary shall—
(A) provide to the person acquiring the ad-
ministrative site notice of the presence of lead-
based paint or asbestos-containing material; and
(B) obtain from the person acquiring the
administrative site a written assurance that the
person will comply with applicable Federal,
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State, and local laws relating to the management
of the lead-based paint or asbestos-containing
materials.
(c) FEDERAL PROPERTY AND ADMINISTRATIVE SERV-
ICES.—A conveyance under this section shall not be subject
to subchapter I of chapter 5, title 40, United States Code.
(d) NOTICE TO CONGRESS.—At least once a year, the
Secretary shall submit to the Committee on Appropriations
and the Committee on Resources of the House of Representa-
tives and the Committee on Appropriations and the Com-
mittee on Energy and Natural Resources of the Senate no-
tice of any conveyances under this section.
(e) ENVIRONMENTAL REVIEW.—In any environmental
review or analysis required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the
disposal of an administrative site under this section, the
Secretary shall only consider or analyze the most reason-
ably foreseeable use of the administrative site as determined
through a market analysis and whether to reserve any right,
title, or interest in the administrative site under subsection
(f)(3).
(f) CONFIGURATION OF LAND.—
(1) IN
GENERAL.—To facilitate a conveyance
under this section, the Secretary may configure the
administrative site to be conveyed to—
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(A) maximize the marketability of the ad-
ministrative site; and
(B) achieve management objectives.
(2) IMPROVEMENTS.—Improvements to the ad-
ministrative site to be conveyed may be severed from
the land and disposed of in separate conveyances.
(3) RESERVATION.—In any disposition of an ad-
ministrative site under this section, the Secretary
may reserve any right, title, and interest in and to
the administrative site that the Secretary determines
to be necessary, including—
(A) a reservation of water rights;
(B) a right-of-way; and
(C) a utility easement.
(g) CONSIDERATION.—
(1) AMOUNT.—In consideration for a conveyance
authorized under subsection (a), the purchaser shall
pay to the Secretary the amount that is equal to the
fair market value of the administrative site conveyed,
as provided in paragraph (3).
(2) APPRAISAL.—The Secretary shall determine
fair market value by—
(A) conducting an appraisal that is per-
formed in accordance with the Uniform Ap-
praisal Standards for Federal Land Acquisitions
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and the Uniform Standards of Professional Ap-
praisal practice; or
(B) competitive sale.
(3) FORM.—
(A) SALE.—Consideration for a sale under
this section shall be paid in cash on conveyance
of the administrative site.
(B) EXCHANGE.—
(i) EQUAL
IN
VALUE.—Consideration
for an exchange of land or an improvement
to land under this section shall be in the
form of a conveyance of land or improve-
ment that is equal in value to the adminis-
trative site conveyed.
(ii) NOT EQUAL IN VALUE.—If the val-
ues of land or improvements to be ex-
changed under this Act and described in
clause (i) are not equal, the values may be
equalized by—
(I) the Secretary making a cash
payment to the purchaser;
(II) the purchaser making a cash
equalization payment to the Secretary;
or
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(III) reducing the value of the ad-
ministrative site or the non-Federal
land or improvements, as appropriate.
(h) REJECTION OF OFFERS.—The Secretary shall re-
ject any offer made under this section if the Secretary deter-
mines that the offer is not—
(1) adequate to provide market value under sub-
section (g)(1); or
(2) in the public interest.
(i) BROKERAGE SERVICES.—The Secretary may use
the proceeds of sales or exchanges under this section to pay
reasonable commissions or fees for brokerage services if the
Secretary determines that the services are in the public in-
terest.
(j) DISPOSITION OF PROCEEDS.—
(1) IN GENERAL.—After deducting any costs of
the Secretary relating to a conveyance, the Secretary
shall deposit the proceeds from the conveyance in the
fund established under Public Law 90–171 (com-
monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).
(2) USE.—Amounts deposited under paragraph
(1) shall remain available to the Secretary until ex-
pended, without further appropriation, to pay any
necessary and incidental costs of the Secretary for the
acquisition, improvement, deferred maintenance, con-
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struction of new facilities; and disposition of admin-
istrative sites and capital improvements on National
Forest System land.
(k) CONSULTATION WITH ADMINISTRATOR.—As ap-
propriate, the Secretary is encouraged to work with the Ad-
ministrator with respect to the conveyance of administra-
tive sites.
SEC. 504. WORKING CAPITAL FUND. (a) IN GEN-
ERAL.—Section 13 of the Department of Agriculture Or-
ganic Act of 1956 (16 U.S.C. 579b) is amended to read as
follows:
‘‘SEC. 13. WORKING CAPITAL FUND.
‘‘(a) ESTABLISHMENT.—There is established a working
capital fund (referred to in this section as the ‘Fund’),
which shall be available without fiscal year limitation.
‘‘(b) USE.—Amounts in the Fund shall be used to pay
the costs of purchasing, constructing, performing capital re-
pairs on, renovating, rehabilitating, disposing, or replacing
buildings and to carry out deferred maintenance and im-
provements to land for programs of the Forest Service, sub-
ject to any limitations in appropriations for the Forest
Service.
‘‘(c) TRANSFER AND CAPITALIZATION.—The Secretary
of Agriculture (referred to in this section as the ‘Secretary’)
may—
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‘‘(1) transfer to the Fund, without reimburse-
ment, and capitalize in the Fund at fair and reason-
able values, any receivables, inventories, equipment,
buildings, improvements, and other assets as the Sec-
retary determines to be appropriate; and
‘‘(2) assume the liabilities associated with the as-
sets transferred under paragraph (1).
‘‘(d) ADVANCE PAYMENTS.—The fund shall be credited
with advance payments in connection with firm orders and
reimbursements from appropriations and funds of the For-
est Service, other departmental and Federal agencies, and
from other sources, as authorized by law, at rates approxi-
mately equal to the cost of furnishing the facilities and serv-
ice.’’.
(b) SAVINGS CLAUSE.—The amendment made by sub-
section (a) shall not affect the status of funds and assets
in the working capital fund established by section 13 of the
Department of Agriculture Organic Act of 1956 (16 U.S.C.
579b) as in effect on the date of enactment of this section.
Attest:
Secretary.