for administrative expenses associated with on-the-ground
range rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b),
$64,000, to remain available until expended, to be derived
from the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR
SUBSISTENCE USES
For necessary expenses of the Forest Service to man-
age Federal lands in Alaska for subsistence uses under
title VIII of the Alaska National Interest Lands Conserva-
tion Act (Public Law 96–487), $5,467,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of passenger
motor vehicles; acquisition of passenger motor vehicles
from excess sources, and hire of such vehicles; purchase,
lease, operation, maintenance, and acquisition of aircraft
from excess sources to maintain the operable fleet for use
in Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price
for the replacement aircraft; (2) services pursuant to 7
U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alter-
ation of buildings and other public improvements (7
U.S.C. 2250); (4) acquisition of land, waters, and inter-
ests therein pursuant to 7 U.S.C. 428a; (5) for expenses
pursuant to the Volunteers in the National Forest Act of
1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901–5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
None of the funds made available under this Act shall
be obligated or expended to abolish any region, to move
or close any regional office for National Forest System
administration of the Forest Service, Department of Agri-
culture without the consent of the House and Senate Com-
mittees on Appropriations.
Any appropriations or funds available to the Forest
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency re-
habilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the House and
Senate Committees on Appropriations and if and only if
all previously appropriated emergency contingent funds
under the heading ‘‘Wildland Fire Management’’ have
been released by the President and apportioned and all
wildfire suppression funds under the heading ‘‘Wildland
Fire Management’’ are obligated.
The first transfer of funds into the Wildland Fire
Management account shall include unobligated funds, if
available, from the Land Acquisition account and the For-
est Legacy program within the State and Private Forestry
account.
Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Serv-
ice in connection with forest and rangeland research, tech-
nical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its terri-
tories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Serv-
ice under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agri-
culture Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C.
147b, however in fiscal year 2006 the Forest Service may
transfer funds to the ‘‘National Forest System’’ account
from other agency accounts to enable the agency’s law en-
forcement program to pay full operating costs including
overhead.
None of the funds available to the Forest Service may
be reprogrammed without the advance approval of the
House and Senate Committees on Appropriations in ac-
cordance with the reprogramming procedures contained in
the report accompanying this Act.
Not more than $72,646,000 of the funds available to
the Forest Service shall be transferred to the Working
Capital Fund of the Department of Agriculture.
Funds available to the Forest Service shall be avail-
able to conduct a program of not less than $2,000,000
for high priority projects within the scope of the approved
budget which shall be carried out by the Youth Conserva-
tion Corps.
Of the funds available to the Forest Service, $4,000
is available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public
Law 101–593, of the funds available to the Forest Service,
$3,000,000 may be advanced in a lump sum to the Na-
tional Forest Foundation to aid conservation partnership
projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for ad-
ministrative expenses or projects on or benefitting Na-
tional Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made
available to the Foundation, no more than $250,000 shall
be available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to
match on at least one-for-one basis funds made available
by the Forest Service: Provided further, That the Founda-
tion may transfer Federal funds to a non-Federal recipient
for a project at the same rate that the recipient has ob-
tained the non-Federal matching funds: Provided further,
That authorized investments of Federal funds held by the
Foundation may be made only in interest-bearing obliga-
tions of the United States or in obligations guaranteed as
to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244,
$2,650,000 of the funds available to the Forest Service
shall be advanced to the National Fish and Wildlife Foun-
dation in a lump sum to aid cost-share conservation
projects, without regard to when expenses are incurred,
on or benefitting National Forest System lands or related
to Forest Service programs: Provided, That such funds
shall be matched on at least a one-for-one basis by the
Foundation or its subrecipients.
Funds appropriated to the Forest Service shall be
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural devel-
opment purposes.
Any appropriations or funds available to the Forest
Service may be used for necessary expenses in the event
of law enforcement emergencies as necessary to protect
natural resources and public or employee safety: Provided,
That such amounts shall not exceed $500,000.
An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965
(42 U.S.C. 3056 et seq.) and administered by the Forest
Service shall be considered to be a Federal employee for
purposes of chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may
be used to meet the non-Federal share requirement in sec-
tion 502(c) of the Older American Act of 1965 (42 U.S.C.
3056(c)(2)).
For each fiscal year through 2009, funds available
to the Forest Service in this Act may be used for the pur-
pose of expenses associated with primary and secondary
schooling for dependents of agency personnel stationed in
Puerto Rico prior to the date of enactment of this Act,
who are subject to transfer and reassignment to other lo-
cations in the United States, at a cost not in excess of
those authorized for the Department of Defense for the
same area, when it is determined by the Chief of the For-
est Service that public schools available in the locality are
unable to provide adequately for the education of such de-
pendents.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of Au-
gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
tion Act, the Indian Health Care Improvement Act, and
titles II and III of the Public Health Service Act with re-
spect to the Indian Health Service, $2,732,298,000, to-
gether with payments received during the fiscal year pur-
suant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made avail-
able to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Edu-
cation Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe
or tribal organization without fiscal year limitation: Pro-
vided further, That up to $18,000,000 shall remain avail-
able until expended, for the Indian Catastrophic Health
Emergency Fund: Provided further, That $507,021,000
for contract medical care shall remain available for obliga-
tion until September 30, 2007: Provided further, That of
the funds provided, up to $27,000,000, to remain available
until expended, shall be used to carry out the loan repay-
ment program under section 108 of the Indian Health
Care Improvement Act: Provided further, That funds pro-
vided in this Act may be used for one-year contracts and
grants which are to be performed in two fiscal years, so
long as the total obligation is recorded in the year for
which the funds are appropriated: Provided further, That
the amounts collected by the Secretary of Health and
Human Services under the authority of title IV of the In-
dian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance
with the applicable conditions and requirements of titles
XVIII and XIX of the Social Security Act (exclusive of
planning, design, or construction of new facilities): Pro-
vided further, That funding contained herein, and in any
earlier appropriations Acts for scholarship programs
under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Pro-
vided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Im-
provement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That, notwithstanding
any other provision of law, of the amounts provided herein,
not to exceed $268,683,000 shall be for payments to tribes
and tribal organizations for contract or grant support
costs associated with contracts, grants, self-governance
compacts or annual funding agreements between the In-
dian Health Service and a tribe or tribal organization pur-
suant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2006, of which
not to exceed $5,000,000 may be used for contract sup-
port costs associated with new or expanded self-determina-
tion contracts, grants, self-governance compacts or annual
funding agreements: Provided further, That funds avail-
able for the Indian Health Care Improvement Fund may
be used, as needed, to carry out activities typically funded
under the Indian Health Facilities account: Provided fur-
ther, That of the amounts provided to the Indian Health
Service, $15,000,000 is provided for alcohol control, en-
forcement, prevention, treatment, sobriety and wellness,
and education in Alaska: Provided further, That none of
the funds may be used for tribal courts or tribal ordinance
programs or any program that is not directly related to
alcohol control, enforcement, prevention, treatment, or so-
briety: Provided further, That no more than 15 percent
may be used by any entity receiving funding for adminis-
trative overhead including indirect costs: Provided further,
That the Bureau of Indian Affairs shall collect from the
Indian Health Service and tribes and tribal organizations
operating health facilities pursuant to Public Law 93–638
such individually identifiable health information relating
to disabled children as may be necessary for the purpose
of carrying out its functions under the Individuals With
Disability Education Act, 20 U.S.C. 1400, et seq.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement,
and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trail-
ers; and for provision of domestic and community sanita-
tion facilities for Indians, as authorized by section 7 of
the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian
Self-Determination Act, and the Indian Health Care Im-
provement Act, and for expenses necessary to carry out
such Acts and titles II and III of the Public Health Serv-
ice Act with respect to environmental health and facilities
support 
activities 
of 
the 
Indian 
Health 
Service,
$370,774,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law,
funds appropriated for the planning, design, construction
or renovation of health facilities for the benefit of an In-
dian tribe or tribes may be used to purchase land for sites
to construct, improve, or enlarge health or related facili-
ties: Provided further, That not to exceed $500,000 shall
be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense
for distribution to the Indian Health Service and tribal
facilities: Provided further, That none of the funds appro-
priated to the Indian Health Service may be used for sani-
tation facilities construction for new homes funded with
grants by the housing programs of the United States De-
partment of Housing and Urban Development: Provided
further, That not to exceed $1,000,000 from this account
and the ‘‘Indian Health Services’’ account shall be used
by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction
with an existing interagency agreement between the In-
dian Health Service and the General Services Administra-
tion: Provided further, That notwithstanding any other
provision of law, funds appropriated for the planning, de-
sign, and construction of the replacement health care facil-
ity in Barrow, Alaska, may be used to purchase land up
to approximately 8 hectares for a site upon which to con-
struct the new health care facility: Provided further, That
not to exceed $500,000 shall be placed in a Demolition
Fund, available until expended, to be used by the Indian
Health Service for demolition of Federal buildings.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equiva-
lent to the maximum rate payable for senior-level positions
under 5 U.S.C. 5376; hire of passenger motor vehicles and
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular
buildings and renovation of existing facilities; payments
for telephone service in private residences in the field,
when authorized under regulations approved by the Sec-
retary; and for uniforms or allowances therefor as author-
ized by 5 U.S.C. 5901–5902; and for expenses of attend-
ance at meetings which are concerned with the functions
or activities for which the appropriation is made or which
will contribute to improved conduct, supervision, or man-
agement of those functions or activities.
In accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or In-
dian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651–2653) shall
be credited to the account of the facility providing the
service and shall be available without fiscal year limitation.
Notwithstanding any other law or regulation, funds trans-
ferred from the Department of Housing and Urban Devel-
opment to the Indian Health Service shall be administered
under Public Law 86–121 (the Indian Sanitation Facili-
ties Act) and Public Law 93–638, as amended.
Funds appropriated to the Indian Health Service in
this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation.
None of the funds made available to the Indian
Health Service in this Act shall be used for any assess-
ments or charges by the Department of Health and
Human Services unless identified in the budget justifica-
tion and provided in this Act, or approved by the House
and Senate Committees on Appropriations through the re-
programming process. Personnel ceilings may not be im-
posed on the Indian Health Service nor may any action
be taken to reduce the full time equivalent level of the
Indian Health Service below the level in fiscal year 2002
adjusted upward for the staffing of new and expanded fa-
cilities, funding provided for staffing at the Lawton, Okla-
homa hospital in fiscal years 2003 and 2004, critical posi-
tions not filled in fiscal year 2002, and staffing necessary
to carry out the intent of Congress with regard to program
increases.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement au-
thorized by title I or title V of the Indian Self-Determina-
tion and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-deter-
mination contract under title I, or a self-governance agree-
ment under title V of such Act and thereafter shall remain
available to the tribe or tribal organization without fiscal
year limitation.
None of the funds made available to the Indian
Health Service in this Act shall be used to implement the
final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Serv-
ices, relating to the eligibility for the health care services
of the Indian Health Service until the Indian Health Serv-
ice has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such re-
quest has been included in an appropriations Act and en-
acted into law.
With respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services
to those entities, on a reimbursable basis, including pay-
ment in advance with subsequent adjustment. The reim-
bursements received therefrom, along with the funds re-
ceived from those entities pursuant to the Indian Self-De-
termination Act, may be credited to the same or subse-
quent appropriation account which provided the funding.
Such amounts shall remain available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or tech-
nical assistance.
The appropriation structure for the Indian Health
Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities
set forth in section 311(a) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980, as amended, and section 126(g) of the Superfund
Amendments 
and 
Reauthorization 
Act 
of 
1986,
$80,289,000.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE
REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC
HEALTH
For necessary expenses for the Agency for Toxic Sub-
stances and Disease Registry (ATSDR) in carrying out
activities set forth in sections 104(i), 111(c)(4), and
111(c)(14) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA),
as amended; and section 3019 of the Solid Waste Disposal
Act, as amended, $76,024,000, of which up to $1,500,000,
to remain available until expended, is for Individual
Learning Accounts for full-time equivalent employees of
the Agency for Toxic Substances and Disease Registry:
Provided, That notwithstanding any other provision of
law, in lieu of performing a health assessment under sec-
tion 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations,
or activities, including, without limitation, biomedical test-
ing, clinical evaluations, medical monitoring, and referral
to accredited health care providers: Provided further, That
in performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall
not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appro-
priated under this heading shall be available for ATSDR
to issue in excess of 40 toxicological profiles pursuant to
section 104(i) of CERCLA during fiscal year 2006, and
existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions as-
signed to the Council on Environmental Quality and Office
of Environmental Quality pursuant to the National Envi-
ronmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No.
1 of 1977, and not to exceed $750 for official reception
and representation expenses, $2,717,000: Provided, That
notwithstanding section 202 of the National Environ-
mental Policy Act of 1970, the Council shall consist of
one member, appointed by the President, by and with the
advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pur-
suant to section 112(r)(6) of the Clean Air Act, as amend-
ed, including hire of passenger vehicles, uniforms or allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902, and
for services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376, $9,200,000: Provided, That the Chemical
Safety and Hazard Investigation Board (Board) shall have
not more than three career Senior Executive Service posi-
tions: Provided further, That notwithstanding any other
provision of law, the individual appointed to the position
of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also
hold the position of Inspector General of the Board: Pro-
vided further, That notwithstanding any other provision of
law, the Inspector General of the Board shall utilize per-
sonnel of the Office of Inspector General of EPA in per-
forming the duties of the Inspector General of the Board,
and shall not appoint any individuals to positions within
the Board.
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and
Hopi Indian Relocation as authorized by Public Law 93–
531, $8,601,000, to remain available until expended: Pro-
vided, That funds provided in this or any other appropria-
tions Act are to be used to relocate eligible individuals and
groups including evictees from District 6, Hopi-partitioned
lands residents, those in significantly substandard hous-
ing, and all others certified as eligible and not included
in the preceding categories: Provided further, That none
of the funds contained in this or any other Act may be
used by the Office of Navajo and Hopi Indian Relocation
to evict any single Navajo or Navajo family who, as of
November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement
home is provided for such household: Provided further,
That no relocatee will be provided with more than one new
or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have se-
lected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the
Navajo reservation or on the land acquired pursuant to
25 U.S.C. 640d–10.
100
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and
Alaska Native Culture and Arts Development, as author-
ized by title XV of Public Law 99–498, as amended (20
U.S.C. 56 part A), $6,300,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institu-
tion, as authorized by law, including research in the fields
of art, science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publica-
tions; conduct of education, training, and museum assist-
ance programs; maintenance, alteration, operation, lease
(for terms not to exceed 30 years), and protection of build-
ings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; up to five
replacement passenger vehicles; purchase, rental, repair,
and cleaning of uniforms for employees, $524,381,000, of
which not to exceed $10,992,000 for the instrumentation
program, collections acquisition, exhibition reinstallation,
the National Museum of African American History and
101
Culture, and the repatriation of skeletal remains program
shall remain available until expended; and of which
$9,086,000 for the reopening of the Patent Office Build-
ing and for fellowships and scholarly awards shall remain
available until September 30, 2007; and including such
funds as may be necessary to support American overseas
research centers and a total of $125,000 for the Council
of American Overseas Research Centers: Provided, That
funds appropriated herein are available for advance pay-
ments to independent contractors performing research
services or participating in official Smithsonian presen-
tations: Provided further, That the Smithsonian Institu-
tion may expend Federal appropriations designated in this
Act for lease or rent payments for long term and swing
space, as rent payable to the Smithsonian Institution, and
such rent payments may be deposited into the general
trust funds of the Institution to the extent that federally
supported activities are housed in the 900 H Street, N.W.
building in the District of Columbia: Provided further,
That this use of Federal appropriations shall not be con-
strued as debt service, a Federal guarantee of, a transfer
of risk to, or an obligation of, the Federal Government:
Provided further, That no appropriated funds may be used
to service debt which is incurred to finance the costs of
102
acquiring the 900 H Street building or of planning, de-
signing, and constructing improvements to such building.
FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithso-
nian Institution, by contract or otherwise, as authorized
by section 2 of the Act of August 22, 1949 (63 Stat. 623),
and for construction, including necessary personnel,
$90,900,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5
U.S.C. 3109: Provided, That contracts awarded for envi-
ronmental systems, protection systems, and repair or res-
toration of facilities of the Smithsonian Institution may
be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN
INSTITUTION
None of the funds in this or any other Act may be
used to make any changes to the existing Smithsonian
science programs including closure of facilities, relocation
of staff or redirection of functions and programs without
the advance approval of the House and Senate Committees
on Appropriations.
None of the funds in this or any other Act may be
used to initiate the design for any proposed expansion of
103
current space or new facility without consultation with the
House and Senate Appropriations Committees.
None of the funds in this or any other Act may be
used for the Holt House located at the National Zoological
Park in Washington, D.C., unless identified as repairs to
minimize water damage, monitor structure movement, or
provide interim structural support.
None of the funds available to the Smithsonian may
be reprogrammed without the advance written approval of
the House and Senate Committees on Appropriations in
accordance with the reprogramming procedures contained
in the statement of the managers accompanying this Act.
None of the funds in this or any other Act may be
used to purchase any additional buildings without prior
consultation with the House and Senate Committees on
Appropriations.
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-
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.
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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.
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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);