104 
HR 5386 RS 
of Smithsonian resources being proposed in a specific ap-
plication. 
None of the funds in the Act shall be used to admin-
ister or otherwise facilitate the payment of compensation 
to any officer or employee of the Smithsonian or any of 
its subsidiary organizations at an annual rate of pay, in-
cluding any bonuses or similar cash or in-kind amounts, 
in excess of the rate of pay of the President of the United 
States. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gal-
lery of Art, the protection and care of the works of art 
therein, and administrative expenses incident thereto, as 
authorized by the Act of March 24, 1937 (50 Stat. 51), 
as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including 
services as authorized by 5 U.S.C. 3109; payment in ad-
vance when authorized by the treasurer of the Gallery for 
membership in library, museum, and art associations or 
societies whose publications or services are available to 
members only, or to members at a price lower than to the 
general public; purchase, repair, and cleaning of uniforms 
for guards, and uniforms, or allowances therefor, for other 
employees as authorized by law (5 U.S.C. 5901–5902);
105 
HR 5386 RS 
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, $101,794,000, of which not to exceed $3,239,000 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, $14,949,000, to remain available 
until expended: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and exterior repair 
or renovation of buildings of the National Gallery of Art 
may be negotiated with selected contractors and awarded 
on the basis of contractor qualifications as well as price: 
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
106 
HR 5386 RS 
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, $18,909,000. 
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, 
$19,800,000, 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. 
1356) including hire of passenger vehicles and services as 
authorized by 5 U.S.C. 3109, $9,438,000. 
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,
107 
HR 5386 RS 
as amended, $124,412,000 (increased by $5,000,000) 
shall be available to the National Endowment for the Arts 
for the support of projects and productions in the arts, 
including arts education and public outreach activities, 
through assistance to organizations and individuals pursu-
ant to section 5 of the Act, including $14,097,000 for sup-
port of arts education and public outreach activities 
through the Challenge America program, for program sup-
port, and for administering the functions of the Act, to 
remain available until expended: Provided, That funds pre-
viously appropriated to the National Endowment for the 
Arts ‘‘Matching Grants’’ account and ‘‘Challenge Amer-
ica’’ account may be transferred to and merged with this 
account: Provided further, That funds appropriated herein 
shall be expended in accordance with sections 309 and 311 
of Public Law 108–108. 
NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National 
Foundation on the Arts and the Humanities Act of 1965, 
as amended, $126,049,000 (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.
108 
HR 5386 RS 
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, $14,906,000, to remain available 
until expended, of which $9,648,000 shall be available to 
the National Endowment for the Humanities for the pur-
poses of section 7(h): Provided, That this appropriation 
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-
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-
109 
HR 5386 RS 
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
110 
HR 5386 RS 
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.
111 
HR 5386 RS 
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
112 
HR 5386 RS 
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.
113 
HR 5386 RS 
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.
114 
HR 5386 RS 
(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–
115 
HR 5386 RS 
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
116 
HR 5386 RS 
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-
117 
HR 5386 RS 
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
118 
HR 5386 RS 
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
119 
HR 5386 RS 
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
120 
HR 5386 RS 
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