H. R. 2361—26
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. 119. (a) IN GENERAL.—Nothing in section 134 of the 
Department of the Interior and Related Agencies Appropriations 
Act, 2002 (115 Stat. 443) affects the decision 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 Appropria-
tions 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. 120. 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. 121. Notwithstanding the limitation in subparagraph 
(2)(B) of section 18(a) of the Indian Gaming Regulatory 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. 
SEC. 122. Notwithstanding any implementation of the Depart-
ment 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 method-
ology as funds were distributed in fiscal year 2003. This Demonstra-
tion Project shall continue to operate separate and apart from 
the Department of the Interior’s trust reform and reorganization 
and the Department shall not impose its trust management infra-
structure upon or alter the existing trust resource management 
systems of the above referenced tribes having a self-governance 
compact and operating in accordance with the Tribal Self-Govern-
ance 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 Secretary 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 Department shall 
provide funds to the tribes in an amount equal to that required 
by 25 U.S.C. 458cc(g)(3), including funds specifically or functionally 
related to the provision of trust services to the tribes or their 
members. 
SEC. 123. Notwithstanding any provision of law, including 42 
U.S.C. 4321 et. seq., nonrenewable grazing permits authorized in 
the Jarbidge Field Office, Bureau of Land Management within 
the past 9 years, shall be renewed. The Animal Unit Months con-
tained in the most recently expired nonrenewable grazing permit, 
authorized between March 1, 1997, and February 28, 2003, shall
H. R. 2361—27
continue in effect under the renewed permit. Nothing in this section 
shall be deemed to extend the nonrenewable permits beyond the 
standard 1-year term. 
SEC. 124. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, waters, 
or interests therein including the use of all or part of any pier, 
dock, or landing within the State of New York and the State 
of New Jersey, for the purpose of operating and maintaining facili-
ties in the support of transportation and accommodation of visitors 
to Ellis, Governors, and Liberty Islands, and of other program 
and administrative activities, by donation or with appropriated 
funds, including franchise fees (and other monetary consideration), 
or by exchange; and the Secretary is authorized to negotiate and 
enter into leases, subleases, concession contracts or other agree-
ments for the use of such facilities on such terms and conditions 
as the Secretary may determine reasonable. 
SEC. 125. Upon the request of the permittee for the Clark 
Mountain Allotment lands adjacent to the Mojave National Pre-
serve, the Secretary shall also issue a special use permit for that 
portion of the grazing allotment located within the Preserve. The 
special use permit shall be issued with the same terms and condi-
tions as the most recently-issued permit for that allotment and 
the Secretary shall consider the permit to be one transferred in 
accordance with section 325 of Public Law 108–108. 
SEC. 126. Notwithstanding any other provision of law, the 
National Park Service final winter use rules published in Part 
VII of the Federal Register for November 10, 2004, 69 Fed. Reg. 
65348 et seq., shall be in force and effect for the winter use season 
of 2005–2006 that commences on or about December 15, 2005. 
SEC. 127. Section 1121(d) of the Education Amendments of 
1978 (25 U.S.C. 2001(d)) is amended by striking paragraph (7) 
and inserting the following: 
‘‘(7) APPROVAL OF INDIAN TRIBES.—The Secretary shall not 
terminate, close, consolidate, contract, transfer to another 
authority, or take any other action relating to an elementary 
school or secondary school (or any program of such a school) 
of an Indian tribe without the approval of the governing body 
of any Indian tribe that would be affected by such an action.’’. 
SEC. 128. Section 108(e) of the Act entitled ‘‘An Act to establish 
the Kalaupapa National Historical Park in the State of Hawaii, 
and for other purposes’’ (16 U.S.C. 410jj–7) is amended by striking 
‘‘twenty-five years from’’ and inserting ‘‘on the date that is 45 
years after’’. 
SEC. 129. Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
‘‘September 30, 2005,’’ and inserting ‘‘June 30, 2006,’’. 
SEC. 130. None of the funds in this or any other Act may 
be used to set up Centers of Excellence and Partnership Skills 
Bank training without prior approval of the House and Senate 
Committees on Appropriations. 
SEC. 131. Section 114 of the Department of the Interior and 
Related Agencies Appropriations Act, 2003 (16 U.S.C. 460bb–3 note; 
117 Stat. 239; division F of Public Law 108–7), is amended— 
(1) in the second sentence, by inserting ‘‘, including utility 
expenses of the National Park Service or lessees of the National 
Park Service’’ after ‘‘Fort Baker properties’’; and
H. R. 2361—28
(2) by inserting between the first and second sentences 
the following: ‘‘In furtherance of a lease entered into under 
the first sentence, the Secretary of the Interior or a lessee 
may impose fees on overnight lodgers for the purpose of cov-
ering the cost of providing utilities and transportation services 
at Fort Baker properties at a rate not to exceed the annual 
cost of providing these services.’’. 
SEC. 132. (a) Section 813(a) of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6812(a)) is amended by striking ‘‘and 
(i)’’ and inserting ‘‘and (i) (except for paragraph (1)(C))’’. 
(b) Section 4(i)(1)(C)(i) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–6a(i)(1)(C)(i)) is amended— 
(1) by striking ‘‘Notwithstanding subparagraph (A)’’ and 
all that follows through ‘‘or section 107’’ and inserting ‘‘Notwith-
standing section 107’’; and 
(2) by striking ‘‘account under subparagraph (A)’’ and 
inserting ‘‘account under section 807(a) of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6806(a))’’. 
(c) Except as provided in this section, section 4(i)(1)(C) of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
6a(i)(1)(C)) shall be applied and administered as if section 813(a) 
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
6812(a)) (and the amendments made by that section) had not been 
enacted. 
(d) This section and the amendments made by this section 
take effect as of December 8, 2004. 
SEC. 133. Section 5(c) of the National Trails System Act (16 
U.S.C. 1244(c)) is amended by adding at the end the following: 
‘‘(43)(A) The Captain John Smith Chesapeake National Historic 
Watertrail, a series of routes extending approximately 3,000 miles 
along the Chesapeake Bay and the tributaries of the Chesapeake 
Bay in the States of Virginia, Maryland, Pennsylvania, and Dela-
ware and the District of Columbia that traces Captain John Smith’s 
voyages charting the land and waterways of the Chesapeake Bay 
and the tributaries of the Chesapeake Bay. 
‘‘(B) The study shall be conducted in consultation with Federal, 
State, regional, and local agencies and representatives of the private 
sector, including the entities responsible for administering— 
‘‘(i) the Chesapeake Bay Gateways and Watertrails Net-
work authorized under the Chesapeake Bay Initiative Act of 
1998 (16 U.S.C. 461 note; title V of Public Law 105–312); 
and 
‘‘(ii) the Chesapeake Bay Program authorized under section 
117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267). 
‘‘(C) The study shall include an extensive analysis of the poten-
tial impacts the designation of the trail as a national historic 
watertrail is likely to have on land and water, including docks 
and piers, along the proposed route or bordering the study route 
that is privately owned at the time the study is conducted.’’. 
SEC. 134. (a) Notwithstanding section 508(c) of the Omnibus 
Parks and Public Lands Management Act of 1996 (40 U.S.C. 8903 
note; Public Law 104–333) there is hereby appropriated to the 
Secretary of the Interior $10,000,000, to remain available until 
expended, for necessary expenses for the Memorial to Martin Luther 
King, Jr., authorized in that Act.
H. R. 2361—29
(b) The funds appropriated in subsection (a) shall only be 
made available after the entire amount is matched by non-Federal 
contributions (not including in-kind contributions) that are pledged 
and received after July 26, 2005, but prior to the date specified 
in subsection (c). 
(c) Section 508(b)(2) of the Omnibus Parks and Public Lands 
Management Act of 1996 is amended by striking ‘‘November 12, 
2006’’ and inserting ‘‘November 12, 2008’’. 
TITLE II—ENVIRONMENTAL PROTECTION AGENCY 
SCIENCE AND TECHNOLOGY 
For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended; necessary expenses for 
personnel and related costs and travel expenses, including uniforms, 
or allowances therefor, as authorized by 5 U.S.C. 5901–5902; serv-
ices as authorized by 5 U.S.C. 3109, but at rates for individuals 
not to exceed the per diem rate equivalent to the maximum rate 
payable for senior level positions under 5 U.S.C. 5376; procurement 
of laboratory equipment and supplies; other operating expenses 
in support of research and development; construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project, $741,722,000, to remain available until Sep-
tember 30, 2007. 
ENVIRONMENTAL PROGRAMS AND MANAGEMENT 
For environmental programs and management, including nec-
essary expenses, not otherwise provided for, for personnel and 
related costs and travel expenses, including uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901–5902; services as author-
ized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the maximum rate payable for 
senior level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles; hire, maintenance, and operation of aircraft; purchase 
of reprints; library memberships in societies or associations which 
issue publications to members only or at a price to members lower 
than to subscribers who are not members; construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project; and not to exceed $19,000 for official reception 
and representation expenses, $2,381,752,000, to remain available 
until September 30, 2007, including administrative costs of the 
brownfields program under the Small Business Liability Relief and 
Brownfields Revitalization Act of 2002. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended, and for construction, alteration, repair, rehabilitation, 
and renovation of facilities, not to exceed $85,000 per project, 
$37,455,000, to remain available until September 30, 2007.