HR 2361 RS 
spector General’’ may be augmented through the Working 
Capital Fund: Provided further, That the annual budget 
justification for Departmental Management shall describe 
estimated Working Capital Fund charges to bureaus and 
offices, including the methodology on which charges are 
based: Provided further, That departures from the Work-
ing Capital Fund estimates contained in the Departmental 
Management budget justification shall be presented to the 
Committees on Appropriations for approval: Provided fur-
ther, That the Secretary shall provide a semi-annual re-
port to the Committees on Appropriations on reimbursable 
support agreements between the Office of the Secretary 
and the National Business Center and the bureaus and 
offices of the Department, including the amounts billed 
pursuant to such agreements. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
SEC. 101. Appropriations made in this title shall be 
available for expenditure or transfer (within each bureau 
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft, 
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made 
available to the Department of the Interior for emer-
HR 2361 RS 
gencies shall have been exhausted, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible. 
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title, 
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of wildland fires on or threatening lands 
under the jurisdiction of the Department of the Interior; 
for the emergency rehabilitation of burned-over lands 
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or 
other unavoidable causes; for contingency planning subse-
quent to actual oil spills; for response and natural resource 
damage assessment activities related to actual oil spills; 
for the prevention, suppression, and control of actual or 
potential grasshopper and Mormon cricket outbreaks on 
lands under the jurisdiction of the Secretary, pursuant to 
the authority in section 1773(b) of Public Law 99–198 
(99 Stat. 1658); for emergency reclamation projects under 
section 410 of Public Law 95–87; and shall transfer, from 
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be 
necessary to permit assumption of regulatory authority in 
the event a primacy State is not carrying out the regu-
HR 2361 RS 
latory provisions of the Surface Mining Act: Provided, 
That appropriations made in this title for wildland fire 
operations shall be available for the payment of obligations 
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with 
their use for wildland fire operations, such reimbursement 
to be credited to appropriations currently available at the 
time of receipt thereof: Provided further, That for wildland 
fire operations, no funds shall be made available under 
this authority until the Secretary determines that funds 
appropriated for ‘‘wildland fire operations’’ shall be ex-
hausted within 30 days, and must be replenished by a sup-
plemental appropriation which must be requested as 
promptly as possible: Provided further, That such replen-
ishment funds shall be used to reimburse, on a pro rata 
basis, accounts from which emergency funds were trans-
ferred. 
SEC. 103. Appropriations made to the Department 
of the Interior in this title shall be available for services 
as authorized by 5 U.S.C. 3109, when authorized by the 
Secretary, in total amount not to exceed $500,000; hire, 
maintenance, and operation of aircraft; hire of passenger 
motor vehicles; purchase of reprints; payment for tele-
phone service in private residences in the field, when au-
HR 2361 RS 
thorized under regulations approved by the Secretary; and 
the payment of dues, when authorized by the Secretary, 
for library membership in societies or associations which 
issue publications to members only or at a price to mem-
bers lower than to subscribers who are not members. 
SEC. 104. No funds provided in this title may be ex-
pended by the Department of the Interior for the conduct 
of offshore preleasing, leasing and related activities placed 
under restriction in the President’s moratorium statement 
of June 12, 1998, in the areas of northern, central, and 
southern California; the North Atlantic; Washington and 
Oregon; and the eastern Gulf of Mexico south of 26 de-
grees north latitude and east of 86 degrees west longitude. 
SEC. 105. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct off-
shore oil and natural gas preleasing, leasing and related 
activities in the eastern Gulf of Mexico planning area for 
any lands located outside Sale 181, as identified in the 
final Outer Continental Shelf 5-Year Oil and Gas Leasing 
Program, 1997–2002. 
SEC. 106. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct oil 
and natural gas preleasing, leasing and related activities 
in the Mid-Atlantic and South Atlantic planning areas.
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SEC. 107. Notwithstanding any other provisions of 
law, the National Park Service shall not develop or imple-
ment a reduced entrance fee program to accommodate 
non-local travel through a unit. The Secretary may provide 
for and regulate local non-recreational passage through 
units of the National Park System, allowing each unit to 
develop guidelines and permits for such activity appro-
priate to that unit. 
SEC. 108. Appropriations made in this Act under the 
headings Bureau of Indian Affairs and Office of Special 
Trustee for American Indians and any unobligated bal-
ances from prior appropriations Acts made under the 
same headings shall be available for expenditure or trans-
fer for Indian trust management and reform activities, ex-
cept that total funding for historical accounting activities 
shall not exceed amounts specifically designated in this 
Act for such purpose. 
SEC. 109. Notwithstanding any other provision of 
law, for the purpose of reducing the backlog of Indian pro-
bate cases in the Department of the Interior, the hearing 
requirements of chapter 10 of title 25, United States 
Code, are deemed satisfied by a proceeding conducted by 
an Indian probate judge, appointed by the Secretary with-
out regard to the provisions of title 5, United States Code, 
governing the appointments in the competitive service, for
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such period of time as the Secretary determines necessary: 
Provided, That the basic pay of an Indian probate judge 
so appointed may be fixed by the Secretary without regard 
to the provisions of chapter 51, and subchapter III of 
chapter 53 of title 5, United States Code, governing the 
classification and pay of General Schedule employees, ex-
cept that no such Indian probate judge may be paid at 
a level which exceeds the maximum rate payable for the 
highest grade of the General Schedule, including locality 
pay. 
SEC. 110. Notwithstanding any other provision of 
law, the Secretary of the Interior is authorized to redis-
tribute any Tribal Priority Allocation funds, including 
tribal base funds, to alleviate tribal funding inequities by 
transferring funds to address identified, unmet needs, 
dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduc-
tion in Tribal Priority Allocation funds of more than 10 
percent in fiscal year 2006. Under circumstances of dual 
enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not 
apply. 
SEC. 111. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2006 
shall be allocated among the schools proportionate to the
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unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian 
Education Programs. 
SEC. 112. Notwithstanding any other provision of 
law, in conveying the Twin Cities Research Center under 
the authority provided by Public Law 104–134, as amend-
ed by Public Law 104–208, the Secretary may accept and 
retain land and other forms of reimbursement: Provided, 
That the Secretary may retain and use any such reim-
bursement until expended and without further appropria-
tion: (1) for the benefit of the National Wildlife Refuge 
System within the State of Minnesota; and (2) for all ac-
tivities authorized by Public Law 100–696; 16 U.S.C. 
460zz. 
SEC. 113. The Secretary of the Interior may use or 
contract for the use of helicopters or motor vehicles on 
the Sheldon and Hart National Wildlife Refuges for the 
purpose of capturing and transporting horses and burros. 
The provisions of subsection (a) of the Act of September 
8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such 
use. Such use shall be in accordance with humane proce-
dures prescribed by the Secretary. 
SEC. 114. Funds provided in this Act for Federal 
land acquisition by the National Park Service for Shen-
andoah Valley Battlefields National Historic District and
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Ice Age National Scenic Trail may be used for a grant 
to a State, a local government, or any other land manage-
ment entity for the acquisition of lands without regard to 
any restriction on the use of Federal land acquisition 
funds provided through the Land and Water Conservation 
Fund Act of 1965 as amended. 
SEC. 115. None of the funds made available by this 
Act may be obligated or expended by the National Park 
Service to enter into or implement a concession contract 
which permits or requires the removal of the underground 
lunchroom at the Carlsbad Caverns National Park. 
SEC. 116. None of the funds made available in this 
Act may be used: (1) to demolish the bridge between Jer-
sey City, New Jersey, and Ellis Island; or (2) to prevent 
pedestrian use of such bridge, when such pedestrian use 
is consistent with generally accepted safety standards. 
SEC. 117. None of the funds in this or any other Act 
can be used to compensate the Special Master and the 
Special Master-Monitor, and all variations thereto, ap-
pointed by the United States District Court for the Dis-
trict of Columbia in the Cobell v. Norton litigation at an 
annual rate that exceeds 200 percent of the highest Senior 
Executive Service rate of pay for the Washington-Balti-
more locality pay area.
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SEC. 118. The Secretary of the Interior may use dis-
cretionary funds to pay private attorneys fees and costs 
for employees and former employees of the Department 
of the Interior reasonably incurred in connection with 
Cobell v. Norton to the extent that such fees and costs 
are not paid by the Department of Justice or by private 
insurance. In no case shall the Secretary make payments 
under this section that would result in payment of hourly 
fees in excess of the highest hourly rate approved by the 
District Court for the District of Columbia for counsel in 
Cobell v. Norton. 
SEC. 119. The United States Fish and Wildlife Serv-
ice shall, in carrying out its responsibilities to protect 
threatened and endangered species of salmon, implement 
a system of mass marking of salmonid stocks, intended 
for harvest, that are released from Federally operated or 
Federally financed hatcheries including but not limited to 
fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily 
identified by commercial and recreational fishers. 
SEC. 120. Such sums as may be necessary from ‘‘De-
partmental Management, Salaries and Expenses’’, may be 
transferred to ‘‘United States Fish and Wildlife Service, 
Resource Management’’ for operational needs at the Mid-
way Atoll National Wildlife Refuge airport.
HR 2361 RS 
SEC. 121. (a) IN GENERAL.—Nothing in section 134 
of the Department of the Interior and Related Agencies 
Appropriations Act, 2002 (115 Stat. 443) affects the deci-
sion of the United States Court of Appeals for the 10th 
Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250 
(2001). 
(b) USE OF CERTAIN INDIAN LAND.—Nothing in this 
section permits the conduct of gaming under the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land 
described in section 123 of the Department of the Interior 
and Related Agencies Appropriations Act, 2001 (114 Stat. 
944), or land that is contiguous to that land, regardless 
of whether the land or contiguous land has been taken 
into trust by the Secretary of the Interior. 
SEC. 122. No funds appropriated for the Department 
of the Interior by this Act or any other Act shall be used 
to study or implement any plan to drain Lake Powell or 
to reduce the water level of the lake below the range of 
water levels required for the operation of the Glen Canyon 
Dam. 
SEC. 123. Notwithstanding the limitation in subpara-
graph (2)(B) of section 18(a) of the Indian Gaming Regu-
latory Act (25 U.S.C. 2717(a)), the total amount of all 
fees imposed by the National Indian Gaming Commission 
for fiscal year 2007 shall not exceed $12,000,000.
HR 2361 RS 
SEC. 124. Notwithstanding any implementation of 
the Department of the Interior’s trust reorganization or 
reengineering plans, or the implementation of the ‘‘To Be’’ 
Model, funds appropriated for fiscal year 2006 shall be 
available to the tribes within the California Tribal Trust 
Reform Consortium and to the Salt River Pima-Maricopa 
Indian Community, the Confederated Salish and Kootenai 
Tribes of the Flathead Reservation and the Chippewa Cree 
Tribe of the Rocky Boys Reservation through the same 
methodology as funds were distributed in fiscal year 2004. 
This Demonstration Project shall continue to operate sep-
arate and apart from the Department of the Interior’s 
trust reform and reorganization and the Department shall 
not impose its trust management infrastructure upon or 
alter the existing trust resource management systems of 
the above referenced tribes having a self-governance com-
pact and operating in accordance with the Tribal Self-Gov-
ernance Program set forth in 25 U.S.C. 458aa–458hh: 
Provided, That the California Trust Reform Consortium 
and any other participating tribe agree to carry out their 
responsibilities under the same written and implemented 
fiduciary standards as those being carried by the Sec-
retary of the Interior: Provided further, That they dem-
onstrate to the satisfaction of the Secretary that they have 
the capability to do so: Provided further, That the Depart-