IB 
Union Calendar No. 39 
109TH CONGRESS 
1ST SESSION H. R. 2361 
[Report No. 109–80] 
Making appropriations for the Department of the Interior, environment, and 
related agencies for the fiscal year ending September 30, 2006, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 13, 2005 
Mr. TAYLOR, from the Committee on Appropriations, reported the following 
bill; which was committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
A BILL 
Making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Department of the Interior, environment, and related
HR 2361 RH 
agencies for the fiscal year ending September 30, 2006, 
and for other purposes, namely: 
TITLE I—DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For necessary expenses for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in 
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general 
administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96–487 
(16 U.S.C. 3150(a)), $845,783,000, to remain available 
until expended, of which $1,000,000 is for high priority 
projects, to be carried out by the Youth Conservation 
Corps; and of which $3,000,000 shall be available in fiscal 
year 2006 subject to a match by at least an equal amount 
by the National Fish and Wildlife Foundation for cost- 
shared projects supporting conservation of Bureau lands; 
and such funds shall be advanced to the Foundation as 
a lump sum grant without regard to when expenses are 
incurred.
HR 2361 RH 
In addition, $32,696,000 is for Mining Law Adminis-
tration program operations, including the cost of admin-
istering the mining claim fee program; to remain available 
until expended, to be reduced by amounts collected by the 
Bureau and credited to this appropriation from annual 
mining claim fees so as to result in a final appropriation 
estimated 
at 
not 
more 
than 
$845,783,000, 
and 
$2,000,000, to remain available until expended, from com-
munication site rental fees established by the Bureau for 
the cost of administering communication site activities. 
WILDLAND FIRE MANAGEMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for fire preparedness, sup-
pression operations, fire science and research, emergency 
rehabilitation, hazardous fuels reduction, and rural fire as-
sistance by the Department of the Interior, $761,564,000, 
to remain available until expended, of which not to exceed 
$7,849,000 shall be for the renovation or construction of 
fire facilities: Provided, That such funds are also available 
for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such 
purposes: Provided further, That persons hired pursuant 
to 43 U.S.C. 1469 may be furnished subsistence and lodg-
ing without cost from funds available from this appropria-
tion: Provided further, That notwithstanding 42 U.S.C. 
1856d, sums received by a bureau or office of the Depart-
HR 2361 RH 
ment of the Interior for fire protection rendered pursuant 
to 42 U.S.C. 1856 et seq., protection of United States 
property, may be credited to the appropriation from which 
funds were expended to provide that protection, and are 
available without fiscal year limitation: Provided further, 
That using the amounts designated under this title of this 
Act, the Secretary of the Interior may enter into procure-
ment contracts, grants, or cooperative agreements, for 
hazardous fuels reduction activities, and for training and 
monitoring associated with such hazardous fuels reduction 
activities, on Federal land, or on adjacent non-Federal 
land for activities that benefit resources on Federal land: 
Provided further, That the costs of implementing any co-
operative agreement between the Federal Government and 
any non-Federal entity may be shared, as mutually agreed 
on by the affected parties: Provided further, That notwith-
standing requirements of the Competition in Contracting 
Act, the Secretary, for purposes of hazardous fuels reduc-
tion activities, may obtain maximum practicable competi-
tion among: (1) local private, nonprofit, or cooperative en-
tities; (2) Youth Conservation Corps crews or related part-
nerships with State, local, or non-profit youth groups; (3) 
small or micro-businesses; or (4) other entities that will 
hire or train locally a significant percentage, defined as 
50 percent or more, of the project workforce to complete
HR 2361 RH 
such contracts: Provided further, That in implementing 
this section, the Secretary shall develop written guidance 
to field units to ensure accountability and consistent appli-
cation of the authorities provided herein: Provided further, 
That funds appropriated under this head may be used to 
reimburse the United States Fish and Wildlife Service and 
the National Marine Fisheries Service for the costs of car-
rying out their responsibilities under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
conference, as required by section 7 of such Act, in con-
nection with wildland fire management activities: Provided 
further, That the Secretary of the Interior may use 
wildland fire appropriations to enter into non-competitive 
sole source leases of real property with local governments, 
at or below fair market value, to construct capitalized im-
provements for fire facilities on such leased properties, in-
cluding but not limited to fire guard stations, retardant 
stations, and other initial attack and fire support facilities, 
and to make advance payments for any such lease or for 
construction activity associated with the lease: Provided 
further, That the Secretary of the Interior and the Sec-
retary of Agriculture may authorize the transfer of funds 
appropriated for wildland fire management, in an aggre-
gate amount not to exceed $9,000,000, between the De-
partments when such transfers would facilitate and expe-
HR 2361 RH 
dite jointly funded wildland fire management programs 
and projects: Provided further, That funds provided for 
wildfire suppression shall be available for support of Fed-
eral emergency response actions. 
CONSTRUCTION 
For construction of buildings, recreation facilities, 
roads, trails, and appurtenant facilities, $11,476,000, to 
remain available until expended. 
LAND ACQUISITION 
For expenses necessary to carry out sections 205, 
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or 
interests therein, $3,817,000, to be derived from the Land 
and Water Conservation Fund and to remain available 
until expended. 
OREGON AND CALIFORNIA GRANT LANDS 
For expenses necessary for management, protection, 
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and 
other improvements on the revested Oregon and California 
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and 
on adjacent rights-of-way; and acquisition of lands or in-
terests therein, including existing connecting roads on or 
adjacent to such grant lands; $110,070,000, to remain 
available until expended: Provided, That 25 percent of the
HR 2361 RH 
aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant 
lands is hereby made a charge against the Oregon and 
California land-grant fund and shall be transferred to the 
General Fund in the Treasury in accordance with the sec-
ond paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876). 
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND 
(REVOLVING FUND, SPECIAL ACCOUNT) 
In addition to the purposes authorized in Public Law 
102–381, funds made available in the Forest Ecosystem 
Health and Recovery Fund can be used for the purpose 
of planning, preparing, implementing and monitoring sal-
vage timber sales and forest ecosystem health and recovery 
activities, such as release from competing vegetation and 
density control treatments. The Federal share of receipts 
(defined as the portion of salvage timber receipts not paid 
to the counties under 43 U.S.C. 1181f and 43 U.S.C. 
1181f–1 et seq., and Public Law 106–393) derived from 
treatments funded by this account shall be deposited into 
the Forest Ecosystem Health and Recovery Fund. 
RANGE IMPROVEMENTS 
For rehabilitation, protection, and acquisition of 
lands and interests therein, and improvement of Federal 
rangelands pursuant to section 401 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701),
HR 2361 RH 
notwithstanding any other Act, sums equal to 50 percent 
of all moneys received during the prior fiscal year under 
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 
315 et seq.) and the amount designated for range improve-
ments from grazing fees and mineral leasing receipts from 
Bankhead-Jones lands transferred to the Department of 
the Interior pursuant to law, but not less than 
$10,000,000, to remain available until expended: Pro-
vided, That not to exceed $600,000 shall be available for 
administrative expenses. 
SERVICE CHARGES, DEPOSITS, AND FORFEITURES 
For administrative expenses and other costs related 
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources, 
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations, 
and for rehabilitation of damaged property, such amounts 
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That, notwithstanding any provision to 
the contrary of section 305(a) of Public Law 94–579 (43 
U.S.C. 1735(a)), any moneys that have been or will be 
received pursuant to that section, whether as a result of 
forfeiture, compromise, or settlement, if not appropriate 
for refund pursuant to section 305(c) of that Act (43
HR 2361 RH 
U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which 
have been damaged by the action of a resource developer, 
purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such ac-
tion are used on the exact lands damaged which led to 
the action: Provided further, That any such moneys that 
are in excess of amounts needed to repair damage to the 
exact land for which funds were collected may be used to 
repair other damaged public lands. 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended 
under existing laws, there is hereby appropriated such 
amounts as may be contributed under section 307 of the 
Act of October 21, 1976 (43 U.S.C. 1701), and such 
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain 
available until expended. 
ADMINISTRATIVE PROVISIONS 
Appropriations for the Bureau of Land Management 
shall be available for purchase, erection, and dismantle-
ment of temporary structures, and alteration and mainte-
nance of necessary buildings and appurtenant facilities to
HR 2361 RH 
which the United States has title; up to $100,000 for pay-
ments, at the discretion of the Secretary, for information 
or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of en-
forcement activities authorized or approved by the Sec-
retary and to be accounted for solely on her certificate, 
not to exceed $10,000: Provided, That notwithstanding 44 
U.S.C. 501, the Bureau may, under cooperative cost-shar-
ing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with 
jointly produced publications for which the cooperators 
share the cost of printing either in cash or in services, 
and the Bureau determines the cooperator is capable of 
meeting accepted quality standards. 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For necessary expenses of the United States Fish and 
Wildlife Service, as authorized by law, and for scientific 
and economic studies, maintenance of the herd of long- 
horned cattle on the Wichita Mountains Wildlife Refuge, 
general administration, and for the performance of other 
authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements 
and reimbursable agreements with public and private enti-
ties, $1,005,225,000, to remain available until September
HR 2361 RH 
30, 2007, except as otherwise provided herein: Provided, 
That $2,000,000 is for high priority projects, which shall 
be carried out by the Youth Conservation Corps: Provided 
further, That not to exceed $18,130,000 shall be used for 
implementing subsections (a), (b), (c), and (e) of section 
4 of the Endangered Species Act, as amended, for species 
that are indigenous to the United States (except for proc-
essing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement ac-
tions described in subsection (c)(2)(A), (c)(2)(B)(i), or 
(c)(2)(B)(ii)), of which not to exceed $12,852,000 shall 
be used for any activity regarding the designation of crit-
ical habitat, pursuant to subsection (a)(3), excluding liti-
gation support, for species listed pursuant to subsection 
(a)(1) prior to October 1, 2005: Provided further, That 
of the amount available for law enforcement, up to 
$400,000, to remain available until expended, may, at the 
discretion of the Secretary, be used for payment for infor-
mation, rewards, or evidence concerning violations of laws 
administered by the Service, and miscellaneous and emer-
gency expenses of enforcement activity, authorized or ap-
proved by the Secretary and to be accounted for solely on 
her certificate: Provided further, That of the amount pro-
vided for environmental contaminants, up to $1,000,000
HR 2361 RH 
may remain available until expended for contaminant sam-
ple analyses. 
CONSTRUCTION 
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
servation, management, investigation, protection, and uti-
lization of fishery and wildlife resources, and the acquisi-
tion of lands and interests therein; $41,206,000, to remain 
available until expended. 
LAND ACQUISITION 
For expenses necessary to carry out the Land and 
Water Conservation Fund Act of 1965, as amended (16 
U.S.C. 460l-4 through 11), including administrative ex-
penses, and for acquisition of land or waters, or interest 
therein, in accordance with statutory authority applicable 
to the United States Fish and Wildlife Service, 
$14,937,000 to be derived from the Land and Water Con-
servation Fund and to remain available until expended: 
Provided, That land and non-water interests acquired 
from willing sellers incidental to water rights acquired for 
the transfer and use at Lower Klamath and Tule Lake 
National Wildlife Refuges under this heading shall be re-
sold and the revenues therefrom shall be credited to this 
account and shall be available without further appropria-
tion for the acquisition of water rights, including acquisi-
tion of interests in lands incidental to such water rights,
HR 2361 RH 
for the two refuges: Provided further, That none of the 
funds appropriated for specific land acquisition projects 
can be used to pay for any administrative overhead, plan-
ning or other management costs. 
LANDOWNER INCENTIVE PROGRAM 
For expenses necessary to carry out the Land and 
Water Conservation Fund Act of 1965, as amended (16 
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried 
out on private lands, $23,700,000, to be derived from the 
Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided 
herein is for a Landowner Incentive Program established 
by the Secretary that provides matching, competitively 
awarded grants to States, the District of Columbia, feder-
ally recognized Indian tribes, Puerto Rico, Guam, the 
United States Virgin Islands, the Northern Mariana Is-
lands, and American Samoa, to establish or supplement 
existing landowner incentive programs that provide tech-
nical and financial assistance, including habitat protection 
and restoration, to private landowners for the protection 
and management of habitat to benefit federally listed, pro-
posed, candidate, or other at-risk species on private lands. 
PRIVATE STEWARDSHIP GRANTS 
For expenses necessary to carry out the Land and 
Water Conservation Fund Act of 1965, as amended (16
HR 2361 RH 
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried 
out on private lands, $7,386,000, to be derived from the 
Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided 
herein is for the Private Stewardship Grants Program es-
tablished by the Secretary to provide grants and other as-
sistance to individuals and groups engaged in private con-
servation efforts that benefit federally listed, proposed, 
candidate, or other at-risk species. 
COOPERATIVE ENDANGERED SPECIES CONSERVATION 
FUND 
For expenses necessary to carry out section 6 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
as amended, $84,400,000, of which $20,161,000 is to be 
derived from the Cooperative Endangered Species Con-
servation Fund and $64,239,000 is to be derived from the 
Land and Water Conservation Fund and to remain avail-
able until expended. 
NATIONAL WILDLIFE REFUGE FUND 
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $14,414,000. 
NORTH AMERICAN WETLANDS CONSERVATION FUND 
For expenses necessary to carry out the provisions 
of the North American Wetlands Conservation Act, Public
HR 2361 RH 
Law 101–233, as amended, $40,000,000 to remain avail-
able until expended. 
NEOTROPICAL MIGRATORY BIRD CONSERVATION 
For financial assistance for projects to promote the 
conservation of neotropical migratory birds in accordance 
with the Neotropical Migratory Bird Conservation Act, 
Public Law 106–247 (16 U.S.C. 6101–6109), $4,000,000, 
to remain available until expended. 
MULTINATIONAL SPECIES CONSERVATION FUND 
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211– 
4213, 4221–4225, 4241–4245, and 1538), the Asian Ele-
phant Conservation Act of 1997 (Public Law 105–96; 16 
U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva-
tion Act of 1994 (16 U.S.C. 5301–5306), the Great Ape 
Conservation Act of 2000 (16 U.S.C. 6301), and, the Ma-
rine Turtle Conservation Act of 2004 (Public Law 108– 
266; 16 U.S.C. 6601), $5,900,000, to remain available 
until expended. 
STATE AND TRIBAL WILDLIFE GRANTS 
For wildlife conservation grants to States and to the 
District of Columbia, Puerto Rico, Guam, the United 
States Virgin Islands, the Northern Mariana Islands, 
American Samoa, and federally recognized Indian tribes 
under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the devel-
HR 2361 RH 
opment and implementation of programs for the benefit 
of wildlife and their habitat, including species that are not 
hunted or fished, $65,000,000, to be derived from the 
Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That of the amount pro-
vided herein, $6,000,000 is for a competitive grant pro-
gram for Indian tribes not subject to the remaining provi-
sions of this appropriation: Provided further, That the Sec-
retary shall, after deducting said $6,000,000 and adminis-
trative expenses, apportion the amount provided herein in 
the following manner: (1) to the District of Columbia and 
to the Commonwealth of Puerto Rico, each a sum equal 
to not more than one-half of 1 percent thereof; and (2) 
to Guam, American Samoa, the United States Virgin Is-
lands, and the Commonwealth of the Northern Mariana 
Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary 
shall apportion the remaining amount in the following 
manner: (1) one-third of which is based on the ratio to 
which the land area of such State bears to the total land 
area of all such States; and (2) two-thirds of which is 
based on the ratio to which the population of such State 
bears to the total population of all such States: Provided 
further, That the amounts apportioned under this para-
graph shall be adjusted equitably so that no State shall
HR 2361 RH 
be apportioned a sum which is less than 1 percent of the 
amount available for apportionment under this paragraph 
for any fiscal year or more than 5 percent of such amount: 
Provided further, That the Federal share of planning 
grants shall not exceed 75 percent of the total costs of 
such projects and the Federal share of implementation 
grants shall not exceed 50 percent of the total costs of 
such projects: Provided further, That the non-Federal 
share of such projects may not be derived from Federal 
grant programs: Provided further, That no State, terri-
tory, or other jurisdiction shall receive a grant unless it 
has developed, by October 1, 2005, a comprehensive wild-
life conservation plan, consistent with criteria established 
by the Secretary of the Interior, that considers the broad 
range of the State, territory, or other jurisdiction’s wildlife 
and associated habitats, with appropriate priority placed 
on those species with the greatest conservation need and 
taking into consideration the relative level of funding 
available for the conservation of those species: Provided 
further, That no State, territory, or other jurisdiction shall 
receive a grant if its comprehensive wildlife conservation 
plan is disapproved and such funds that would have been 
distributed to such State, territory, or other jurisdiction 
shall be distributed equitably to States, territories, and 
other jurisdictions with approved plans: Provided further,