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tion 9, Seventy-sixth Congress), including services as au-
thorized by 5 U.S.C. 3109; payment in advance when au-
thorized 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; pur-
chase, repair, and cleaning of uniforms for guards, and uni-
forms, or allowances therefor, for other employees as author-
ized by law (5 U.S.C. 5901–5902); purchase or rental of 
devices and services for protecting buildings and contents 
thereof, and maintenance, alteration, improvement, and re-
pair 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 ad-
vertising, with individuals, firms, or organizations at such 
rates or prices and under such terms and conditions as the 
Gallery may deem proper, $96,600,000, of which not to ex-
ceed $3,157,000 for the special exhibition program shall re-
main available until expended. 
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 
For necessary expenses of repair, restoration and ren-
ovation of buildings, grounds and facilities owned or occu-
pied by the National Gallery of Art, by contract or other-
wise, as authorized, $15,000,000, to remain available until 
expended: Provided, That contracts awarded for environ-
mental systems, protection systems, and exterior repair or
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renovation of buildings of the National Gallery of Art may 
be negotiated with selected contractors and awarded on the 
basis of contractor qualifications as well as price: Provided 
further, That, notwithstanding any other provision of law, 
a single procurement for the Master Facilities Plan renova-
tion 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, maintenance 
and security of the John F. Kennedy Center for the Per-
forming 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, 
$15,200,000, 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.
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1356) including hire of passenger vehicles and services as 
authorized by 5 U.S.C. 3109, $9,201,000. 
NATIONAL FOUNDATION ON THE ARTS AND THE 
HUMANITIES 
NATIONAL ENDOWMENT FOR THE ARTS 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as 
amended, $126,264,000 shall be available to the National 
Endowment for the Arts for the support of projects and pro-
ductions in the arts through assistance to organizations and 
individuals pursuant to sections 5(c) and 5(g) of the Act, 
including $14,922,000 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 appropriated to the Na-
tional Endowment for the Arts ‘‘Matching Grants’’ account 
and ‘‘Challenge America’’ account may be transferred to 
and merged with this account: Provided further, That funds 
appropriated herein shall be expended in accordance with 
sections 309 and 311 of Public Law 108–108.
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NATIONAL ENDOWMENT FOR THE HUMANITIES 
GRANTS AND ADMINISTRATION 
For necessary expenses to carry out the National Foun-
dation on the Arts and the Humanities Act of 1965, as 
amended, $127,605,000, shall be available to the National 
Endowment for the Humanities for support of activities in 
the humanities, pursuant 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 Na-
tional Endowment for the Humanities for the purposes of 
section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be 
equal to the total amounts of gifts, bequests, and devises of 
money, and other property accepted by the chairman or by 
grantees of the Endowment under the provisions of sub-
sections 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 Foun-
dation on the Arts and the Humanities may be used to
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process any grant or contract documents which do not in-
clude 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 reception 
and representation expenses: Provided further, That funds 
from nonappropriated sources may be used as necessary for 
official reception and representation expenses: Provided fur-
ther, That the Chairperson of the National Endowment for 
the Arts may approve grants up to $10,000, if in the aggre-
gate this amount does not exceed 5 percent of the sums ap-
propriated for grant-making purposes per year: Provided 
further, That such small grant actions are taken pursuant 
to the terms of an expressed and direct delegation of author-
ity from the National Council on the Arts to the Chair-
person. 
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 collection, to re-
main available until expended without further appropria-
tion.
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NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 
99–190 (20 U.S.C. 956a), as amended, $7,492,000. 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on His-
toric Preservation (Public Law 89–665, as amended), 
$4,943,000: Provided, That none of these funds shall be 
available for compensation of level V of the Executive Sched-
ule or higher positions. 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by the National 
Capital Planning Act of 1952 (40 U.S.C. 71–71i), includ-
ing services as authorized by 5 U.S.C. 3109, $8,244,000: 
Provided, That one-quarter of 1 percent of the funds pro-
vided under this heading may be used for official reception 
and representational expenses associated with hosting inter-
national visitors engaged in the planning and physical de-
velopment of world capitals. 
UNITED STATES HOLOCAUST MEMORIAL MUSEUM 
HOLOCAUST MEMORIAL MUSEUM 
For expenses of the Holocaust Memorial Museum, as 
authorized by Public Law 106–292 (36 U.S.C. 2301–2310), 
$43,233,000, of which $1,874,000 for the museum’s repair
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HR 2361 RS 
and rehabilitation program and $1,246,000 for the muse-
um’s exhibition design and production program shall re-
main available until expended. 
PRESIDIO TRUST 
PRESIDIO TRUST FUND 
For necessary expenses to carry out title I of the Omni-
bus Parks and Public Lands Management Act of 1996, 
$19,722,000 shall be available to the Presidio Trust, to re-
main available until expended. 
WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT 
OF REMEMBRANCE 
OPERATIONS 
For necessary expenses of the White House Commission 
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 procurement 
contract, pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where 
otherwise provided under existing law, or under existing 
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
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promote public support or opposition to any legislative pro-
posal on which Congressional action is not complete other 
than to communicate to Members of Congress as described 
in 18 U.S.C. 1913. 
SEC. 403. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 404. None of the funds provided in this Act to 
any department or agency shall be obligated or expended 
to provide a personal cook, chauffeur, or other personal serv-
ants to any officer or employee of such department or agen-
cy except as otherwise provided by law. 
SEC. 405. Estimated overhead charges, deductions, re-
serves or holdbacks from programs, projects, activities and 
subactivities to support government-wide, departmental, 
agency or bureau administrative functions or headquarters, 
regional or central operations shall be presented in annual 
budget justifications and subject to approval by the Com-
mittees on Appropriations. Changes to such estimates shall 
be presented to the Committees on Appropriations for ap-
proval. 
SEC. 406. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except pur-
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suant to a transfer made by, or transfer provided in, this 
Act or any other Act. 
SEC. 407. None of the funds in this Act may be used 
to plan, prepare, or offer for sale timber from trees classified 
as giant sequoia (Sequoiadendron giganteum) which are lo-
cated on National Forest System or Bureau of Land Man-
agement lands in a manner different than such sales were 
conducted in fiscal year 2005. 
SEC. 408. (a) LIMITATION OF FUNDS.—None of the 
funds appropriated or otherwise made available pursuant 
to this Act shall be obligated or expended to accept or proc-
ess applications for a patent for any mining or mill site 
claim located under the general mining laws. 
(b) EXCEPTIONS.—The provisions of subsection (a) 
shall not apply if the Secretary of the Interior determines 
that, for the claim concerned: (1) a patent application was 
filed with the Secretary on or before September 30, 1994; 
and (2) all requirements established under sections 2325 
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 
for vein or lode claims and sections 2329, 2330, 2331, and 
2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) 
for placer claims, and section 2337 of the Revised Statutes 
(30 U.S.C. 42) for mill site claims, as the case may be, 
were fully complied with by the applicant by that date.
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(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 Resources 
of the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report on ac-
tions taken by the Department under the plan submitted 
pursuant to section 314(c) of the Department of the Interior 
and Related Agencies Appropriations Act, 1997 (Public 
Law 104–208). 
(d) MINERAL EXAMINATIONS.—In order to process 
patent applications in a timely and responsible manner, 
upon the request of a patent applicant, the Secretary of the 
Interior shall allow the applicant to fund a qualified third-
party contractor to be selected by the Bureau of Land Man-
agement to conduct a mineral examination of the mining 
claims or mill sites contained in a patent application as 
set forth in subsection (b). The Bureau of Land Manage-
ment shall have the sole responsibility to choose and pay 
the third-party contractor in accordance with the standard 
procedures employed by the Bureau of Land Management 
in the retention of third-party contractors. 
SEC. 409. The National Endowment for the Arts and 
the National Endowment for the Humanities are herein-
after authorized to solicit, accept, receive, and invest in the 
name of the United States, gifts, bequests, or devises of
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HR 2361 RS 
money and other property or services and to use such in 
furtherance of the functions of the National Endowment for 
the Arts 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 en-
dowment for the purposes specified in each case. 
SEC. 410. No part of any appropriation contained in 
this Act shall be expended or obligated to complete and issue 
the 5-year program under the Forest and Rangeland Re-
newable Resources Planning Act. 
SEC. 411. Section 3(a) of the Act of June 9, 1930 (com-
monly known as the Knutson-Vandenberg Act; 16 U.S.C. 
576b), is amended—
(1) by striking ‘‘or’’ following ‘‘stand of timber,’’ 
in (3); and 
(2) by striking the period following ‘‘wildlife 
habitat management’’ in (4), and inserting ‘‘, or (5) 
watershed restoration, wildlife habitat improvement, 
control of insects, disease and noxious weeds, commu-
nity protection activities, and the maintenance of for-
est roads, within the Forest Service region in which
242
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the timber sale occurred: Provided, That such activi-
ties may be performed through the use of contracts, 
forest product sales, and cooperative agreements.’’. 
SEC. 412. Amounts deposited during fiscal year 2005 
in the roads and trails fund provided for in the 14th para-
graph under the heading ‘‘FOREST SERVICE’’ of the Act 
of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be 
used by the Secretary of Agriculture, without regard to the 
State in which the amounts were derived, to repair or re-
construct roads, bridges, and trails on National Forest Sys-
tem lands or to carry out and administer projects to im-
prove forest health conditions, which may include the repair 
or reconstruction of roads, bridges, and trails on National 
Forest System lands in the wildland-community interface 
where there is an abnormally high risk of fire. The projects 
shall emphasize reducing risks to human safety and public 
health and property and enhancing ecological functions, 
long-term forest productivity, and biological integrity. The 
projects may be completed in a subsequent fiscal year. 
Funds shall not be expended under this section to replace 
funds which would otherwise appropriately be expended 
from the timber salvage sale fund. Nothing in this section 
shall be construed to exempt any project from any environ-
mental law.
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SEC. 413. Other than in emergency situations, none 
of the funds in this Act may be used to operate telephone 
answering machines during core business hours unless such 
answering machines include an option that enables callers 
to reach promptly an individual on-duty with the agency 
being contacted. 
SEC. 414. No timber sale in Region 10 shall be adver-
tised if the indicated rate is deficit when appraised using 
a residual value approach that assigns domestic Alaska val-
ues for western redcedar. Program accomplishments shall 
be based on volume sold. Should Region 10 sell, in the cur-
rent fiscal year, the annual average portion of the decadal 
allowable sale quantity called for in the current Tongass 
Land Management Plan in sales which are not deficit when 
appraised using a residual value approach that assigns do-
mestic Alaska values for western redcedar, all of the western 
redcedar timber from those sales which is surplus to the 
needs of domestic processors in Alaska, shall be made avail-
able to domestic processors in the contiguous 48 United 
States at prevailing domestic prices. Should Region 10 sell, 
in the current fiscal year, less than the annual average por-
tion of the decadal allowable sale quantity called for in the 
Tongass Land Management Plan in sales which are not def-
icit when appraised using a residual value approach that 
assigns domestic Alaska values for western redcedar, the vol-
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ume of western redcedar timber available to domestic proc-
essors at prevailing domestic prices in the contiguous 48 
United States shall be that volume: (1) which is surplus 
to the needs of domestic processors in Alaska; and (2) is 
that percent of the surplus western redcedar volume deter-
mined by calculating the ratio of the total timber volume 
which has been sold on the Tongass to the annual average 
portion of the decadal allowable sale quantity called for in 
the current Tongass Land Management Plan. The percent-
age shall be calculated by Region 10 on a rolling basis as 
each sale is sold (for purposes of this amendment, a ‘‘rolling 
basis’’ shall mean that the determination of how much west-
ern redcedar is eligible for sale to various markets shall be 
made at the time each sale is awarded). Western redcedar 
shall be deemed ‘‘surplus to the needs of domestic processors 
in Alaska’’ when the timber sale holder has presented to 
the Forest Service documentation of the inability to sell 
western redcedar logs from a given sale to domestic Alaska 
processors at a price equal to or greater than the log selling 
value stated in the contract. All additional western redcedar 
volume not sold to Alaska or contiguous 48 United States 
domestic processors may be exported to foreign markets at 
the election of the timber sale holder. All Alaska yellow 
cedar may be sold at prevailing export prices at the election 
of the timber sale holder.
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HR 2361 RS 
SEC. 415. Prior to October 1, 2006, the Secretary of 
Agriculture shall not be considered to be in violation of sub-
paragraph 6(f)(5)(A) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 
1604(f)(5)(A)) solely because more than 15 years have 
passed without revision of the plan for a unit of the Na-
tional Forest System. Nothing in this section exempts the 
Secretary from any other requirement of the Forest and 
Rangeland Renewable Resources Planning Act (16 U.S.C. 
1600 et seq.) or any other law: Provided, That if the Sec-
retary is not acting expeditiously and in good faith, within 
the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with re-
spect to such plan and a court of proper jurisdiction may 
order completion of the plan on an accelerated basis. 
SEC. 416. No funds provided in this Act may be ex-
pended to conduct preleasing, leasing and related activities 
under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) 
or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.) within the boundaries of a National Monument es-
tablished pursuant to the Act of June 8, 1906 (16 U.S.C. 
431 et seq.) as such boundary existed on January 20, 2001, 
except where such activities are allowed under the Presi-
dential proclamation establishing such monument.
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HR 2361 RS 
SEC. 417. In entering into agreements with foreign 
countries pursuant to the Wildfire Suppression Assistance 
Act (42 U.S.C. 1856m) the Secretary of Agriculture and 
the Secretary of the Interior are authorized to enter into 
reciprocal agreements in which the individuals furnished 
under said agreements to provide wildfire services are con-
sidered, for purposes of tort liability, employees of the coun-
try receiving said services when the individuals are engaged 
in fire suppression: Provided, That the Secretary of Agri-
culture or the Secretary of the Interior shall not enter into 
any agreement under this provision unless the foreign coun-
try (either directly or through its fire organization) agrees 
to assume any and all liability for the acts or omissions 
of American firefighters engaged in firefighting in a foreign 
country: Provided further, That when an agreement is 
reached for furnishing fire fighting services, the only rem-
edies for acts or omissions committed while fighting fires 
shall be those provided under the laws of the host country, 
and those remedies shall be the exclusive remedies for any 
claim arising out of fighting fires in a foreign country: Pro-
vided further, That neither the sending country nor any 
legal organization associated with the firefighter shall be 
subject to any legal action whatsoever pertaining to or aris-
ing out of the firefighter’s role in fire suppression.
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HR 2361 RS 
SEC. 418. Notwithstanding any other provision of law 
or regulation, to promote the more efficient use of the health 
care funding allocation for fiscal year 2006, the Eagle Butte 
Service Unit of the Indian Health Service, at the request 
of the Cheyenne River Sioux Tribe, may pay base salary 
rates to health professionals up to the highest grade and 
step available to a physician, pharmacist, or other health 
professional and may pay a recruitment or retention bonus 
of up to 25 percent above the base pay rate. 
SEC. 419. In awarding a Federal contract with funds 
made available by this Act, notwithstanding Federal Gov-
ernment procurement and contracting laws, the Secretary 
of Agriculture and the Secretary of the Interior (the ‘‘Secre-
taries’’) may, in evaluating bids and proposals, give consid-
eration to local contractors who are from, and who provide 
employment and training for, dislocated and displaced 
workers in an economically disadvantaged rural commu-
nity, including those historically timber-dependent areas 
that have been affected by reduced timber harvesting on 
Federal lands and other forest-dependent rural communities 
isolated from significant alternative employment opportu-
nities: Provided, That notwithstanding Federal Government 
procurement and contracting laws the Secretaries may 
award contracts, grants or cooperative agreements to local 
non-profit entities, Youth Conservation Corps or related
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HR 2361 RS 
partnerships with State, local or non-profit youth groups, 
or small or micro-business or disadvantaged business: Pro-
vided further, That the contract, grant, or cooperative agree-
ment is for forest hazardous fuels reduction, watershed or 
water quality monitoring or restoration, wildlife or fish 
population monitoring, or habitat restoration or manage-
ment: Provided further, That the terms ‘‘rural community’’ 
and ‘‘economically disadvantaged’’ shall have the same 
meanings as in section 2374 of Public Law 101–624: Pro-
vided further, That the Secretaries shall develop guidance 
to implement this section: Provided further, That nothing 
in this section shall be construed as relieving the Secretaries 
of any duty under applicable procurement laws, except as 
provided in this section. 
SEC. 420. No funds appropriated in this Act for the 
acquisition of lands or interests in lands may be expended 
for the filing of declarations of taking or complaints in con-
demnation without the approval of the House and Senate 
Committees on Appropriations: Provided, That this provi-
sion shall not apply to funds appropriated to implement 
the Everglades National Park Protection and Expansion 
Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades res-
toration purposes.
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HR 2361 RS 
SEC. 421. (a) LIMITATION ON COMPETITIVE SOURCING 
STUDIES.—
(1) Of the funds made available by this or any 
other Act to the Department of the Interior for fiscal 
year 2006, not more than $3,450,000 may be used by 
the Secretary of the Interior to initiate or continue 
competitive sourcing studies in fiscal year 2006 for 
programs, projects, and activities for which funds are 
appropriated by this Act until such time as the Sec-
retary concerned submits a reprogramming proposal 
to the Committees on Appropriations of the Senate 
and the House of Representatives, and such proposal 
has been processed consistent with the reprogramming 
guidelines included in the report accompanying this 
Act. 
(2) Of the funds appropriated by this Act, not 
more than $3,000,000 may be used in fiscal year 
2006 for competitive sourcing studies and related ac-
tivities by the Forest Service. 
(b) COMPETITIVE SOURCING STUDY DEFINED.—In 
this section, the term ‘‘competitive sourcing study’’ means 
a study on subjecting work performed by Federal Govern-
ment employees or private contractors to public-private 
competition or on converting the Federal Government em-
ployees or the work performed by such employees to private
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HR 2361 RS 
contractor performance under the Office of Management 
and Budget Circular A–76 or any other administrative reg-
ulation, directive, or policy. 
(c) COMPETITIVE SOURCING EXEMPTION FOR FOREST 
SERVICE STUDIES CONDUCTED PRIOR TO FISCAL YEAR 
2006.—The Forest Service is hereby exempted from imple-
menting the Letter of Obligation and post-competition ac-
countability guidelines where a competitive sourcing study 
involved 65 or fewer full-time equivalents, the performance 
decision was made in favor of the agency provider; no net 
savings was achieved by conducting the study, and the 
study was completed prior to the date of this Act. 
(d) In preparing any reports to the Committees on Ap-
propriations on competitive sourcing activities, agencies 
funded in this Act shall include the incremental cost di-
rectly attributable to conducting the competitive sourcing 
competitions, including costs attributable to paying outside 
consultants and contractors and, in accordance with full 
cost accounting principles, all costs attributable to devel-
oping, implementing, supporting, managing, monitoring, 
and reporting on competitive sourcing, including personnel, 
consultant, travel, and training costs associated with pro-
gram management. 
SEC. 422. None of the funds in this Act or prior Acts 
making appropriations for the Department of the Interior
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HR 2361 RS 
and Related Agencies may be provided to the managing 
partners or their agents for the SAFECOM or Disaster 
Management projects. 
SEC. 423. (a) IN GENERAL.—An entity that enters 
into a contract with the United States to operate the Na-
tional Recreation Reservation Service (as solicited by the 
solicitation numbered WO–04–06vm) shall not carry out 
any duties under the contract using: 
(1) a contact center located outside the United 
States; or 
(2) a reservation agent who does not live in the 
United States. 
(b) NO WAIVER.—The Secretary of Agriculture may 
not waive the requirements of subsection (a). 
(c) TELECOMMUTING.—A reservation agent who is car-
rying out duties under the contract described in subsection 
(a) may not telecommute from a location outside the United 
States. 
(d) LIMITATIONS.—Nothing in this Act shall be con-
strued to apply to any employee of the entity who is not 
a reservation agent carrying out the duties under the con-
tract described in subsection (a) or who provides manage-
rial or support services. 
SEC. 424. Section 331, of Public Law 106–113, is 
amended—
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HR 2361 RS 
(1) in part (a) by striking ‘‘2004’’ and inserting 
‘‘2006’’; and 
(2) in part (b) by striking ‘‘2004’’ and inserting 
‘‘2006’’. 
SEC. 425. Section 321 of the Consolidated Appropria-
tions Act, 2003, as included in Public Law 108–7, is 
amended by striking ‘‘September 30, 2005’’ and inserting 
‘‘September 30, 2007’’. 
SEC. 426. Section 5 of the Arts and Artifacts Indem-
nity Act (20 U.S.C. 974) is amended—
(1) 
in 
subsection 
(b), 
by 
striking 
‘‘$8,000,000,000’’ and inserting ‘‘$10,000,000,000’’; 
and 
(2) in subsection (c), by striking ‘‘$600,000,000’’ 
and inserting ‘‘$1,200,000,000’’. 
SEC. 427. (a) IN GENERAL.—
(1) Beginning in fiscal year 2006 and thereafter, 
the Secretary of Agriculture and the Secretary of the 
Interior are authorized to make grants to the Eastern 
Nevada Landscape Coalition for the study and res-
toration of rangeland and other lands in Nevada’s 
Great Basin in order to help assure the reduction of 
hazardous fuels and for related purposes. 
(2) Beginning in fiscal year 2006 and thereafter, 
notwithstanding 31 U.S.C. secs. 6301–6308, the Di-
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HR 2361 RS 
rector of the Bureau of Land Management may enter 
into a cooperative agreement with the Eastern Ne-
vada Landscape Coalition for the Great Basin Res-
toration Project, including hazardous fuels and me-
chanical treatments and related work. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
SEC. 428. (a) Section 108(g) of the Valles Caldera 
Preservation Act (16 U.S.C. 698v–6(g)) is amended— 
(1) in the first sentence, by striking ‘‘The Sec-
retary’’ and inserting the following: 
‘‘(1) LAW ENFORCEMENT.— 
‘‘(A) IN GENERAL.—The Secretary’’; 
(2) in the second sentence, by striking ‘‘The 
Trust’’ and inserting the following: 
‘‘(B) FEDERAL AGENCY.—The Trust’’; and 
(3) by striking ‘‘At the request of the Trust’’ and 
all that follows through the end of the paragraph and 
inserting the following: 
‘‘(2) FIRE MANAGEMENT.— 
‘‘(A) NON-REIMBURSABLE SERVICES.— 
‘‘(i) DEVELOPMENT OF PLAN.—Subject 
to the availability of appropriations under 
section 111(a), the Secretary shall, in con-
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sultation with the Trust, develop a plan to 
carry out fire preparedness, suppression, 
and emergency rehabilitation services on the 
Preserve. 
‘‘(ii) CONSISTENCY WITH MANAGEMENT 
PROGRAM.—The plan shall be consistent 
with the management program developed 
pursuant to subsection (d). 
‘‘(iii) COOPERATIVE AGREEMENT.—To 
the extent generally authorized at other 
units of the National Forest System, the 
Secretary shall provide the services to be 
carried out pursuant to the plan under a 
cooperative agreement entered into between 
the Secretary and the Trust. 
‘‘(B) REIMBURSABLE SERVICES.—To the ex-
tent generally authorized at other units of the 
National Forest System and subject to the avail-
ability of appropriations under section 111(a), 
the Secretary shall provide presuppression and 
nonemergency rehabilitation and restoration 
services for the Trust at any time on a reimburs-
able basis.’’ 
(b) The amendments made by subsection (a) take effect 
on January 1, 2005.
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TITLE V—FACILITY REALIGNMENT AND 
ENHANCEMENT ACT OF 2005 
SECTION 501. SHORT TITLE. 
This title may be cited as the ‘‘Forest Service Land 
Disposition and Facility Realignment and Enhancement 
Act of 2005’’. 
SEC. 502. DEFINITIONS. 
In this title: 
(1) ADMINISTRATIVE SITE.— 
(A) IN GENERAL.—The term ‘‘administra-
tive site’’ means Federal land (including im-
provements to the Federal land) and any associ-
ated facility and curtilage that was acquired or 
is used specifically for Forest Service purposes. 
(B) INCLUSIONS.—The term ‘‘administra-
tive site’’ includes— 
(i) a forest headquarters; 
(ii) a ranger station; 
(iii) a research station or laboratory; 
(iv) a dwelling; 
(v) a warehouse; 
(vi) a scaling station; 
(vii) a fire-retardant mixing station; 
(viii) a lookout; 
(ix) a visitor center;
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(x) a guard station; 
(xi) a storage facility; 
(xii) a telecommunication facility; 
(xiii) the Washington Office Head-
quarters; 
(xiv) a regional office or associated 
site; and 
(xv) other installations for conducting 
Forest Service activities. 
(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of General Services. 
(3) FEDERAL APPRAISAL STANDARDS.—The term 
‘‘Federal appraisal standards’’ means the standards 
included in the Uniform Appraisal Standards for 
Federal Land Acquisitions (Interagency Land Acqui-
sition Conference, 2000). 
(4) MARKET ANALYSIS.—The term ‘‘market anal-
ysis’’ means the identification and study of the real 
estate market for a particular economic good or serv-
ice. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
SEC. 503. AUTHORIZATION OF CONVEYANCES. 
(a) IN GENERAL.—The Secretary may convey, by sale, 
lease, exchange, a combination of sales and exchanges, or
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by other means any administrative site or interest in an 
administrative site that is under the jurisdiction of the Sec-
retary. 
(b) LEAD-BASED
PAINT
AND
ASBESTOS
ABATE-
MENT.— 
(1) IN
GENERAL.—Notwithstanding any other 
provisions of law, in any conveyance under subsection 
(a), the Secretary shall not be required to mitigate or 
abate lead-based paint or asbestos-containing building 
materials with respect to the administrative site con-
veyed. 
(2) NOTICE.—Notwithstanding paragraph (1), if 
the administrative site being conveyed has lead-based 
paint or asbestos-containing building materials, the 
Secretary shall— 
(A) provide to the person acquiring the ad-
ministrative site notice of the presence of lead-
based paint or asbestos-containing material; and 
(B) obtain from the person acquiring the 
administrative site a written assurance that the 
person will comply with applicable Federal, 
State, and local laws relating to the management 
of the lead-based paint or asbestos-containing 
materials.
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(c) FEDERAL PROPERTY AND ADMINISTRATIVE SERV-
ICES.—A conveyance under this section shall not be subject 
to subchapter I of chapter 5, title 40, United States Code. 
(d) NOTICE TO CONGRESS.—At least once a year, the 
Secretary shall submit to the Committee on Appropriations 
of the House of Representatives and the Committee on Ap-
propriations of the Senate notice of any conveyances under 
this section. 
(e) ENVIRONMENTAL REVIEW.—In any environmental 
review or analysis required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the 
disposal of an administrative site under this section, the 
Secretary shall consider or analyze the uses of the adminis-
trative site after the conveyance of the administrative site 
only to the extent that the Secretary determines to be nec-
essary— 
(1) to determine any right, title, or interest in 
the administrative site that may be reserved by the 
Secretary under subsection (g)(3); or 
(2) for market analyses purposes. 
(f) CONFIGURATION OF LAND.— 
(1) IN
GENERAL.—To facilitate a conveyance 
under this section, the Secretary may configure the 
land to be conveyed to—
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(A) maximize the marketability of the land; 
and 
(B) achieve management objectives. 
(2) IMPROVEMENTS.—Improvements to the land 
to be conveyed may be severed from the land and dis-
posed of in separate conveyances. 
(3) RESERVATION.—In any disposition of land 
under this section, the Secretary may reserve any 
right, title, and interest in and to the land that the 
Secretary determines to be necessary, including— 
(A) a reservations of water rights; 
(B) a right-of-way; and 
(C) a utility easement. 
(g) CONSIDERATION.— 
(1) AMOUNT.—In consideration for a conveyance 
authorized under subsection (a), the purchaser shall 
pay to the Secretary the amount that is equal to the 
fair market value of the administrative site conveyed, 
as provided in paragraph (3). 
(2) APPRAISAL.—The Secretary shall determine 
fair market value by— 
(A) conducting an appraisal that is per-
formed in accordance with the Uniform Ap-
praisal Standards for Federal Land Acquisitions
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and the Uniform Standards of Professional Ap-
praisal practice; 
(B) competitive sale; or 
(C) other acceptable and commonly recog-
nized methods of determining value as deter-
mined by the authorized agency appraiser. 
(3) FORM.— 
(A) SALE.—Consideration for a sale under 
this section shall be paid in cash on conveyance 
of the administrative site. 
(B) EXCHANGE.— 
(i) EQUAL
IN
VALUE.—Consideration 
for an exchange of land or an improvement 
to land under this section shall be in the 
form of a conveyance of land or improve-
ment that is equal in value to the land or 
improvement conveyed. 
(ii) NOT EQUAL IN VALUE.—If the val-
ues of land or improvements to be ex-
changed under this Act and described in 
clause (i) are not equal, the values may be 
equalized by— 
(I) the Secretary making a cash 
payment to the purchaser;
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(II) the purchaser making a cash 
equalization payment to the Secretary; 
or 
(III) reducing the acreage of the 
Federal land or the non-Federal land, 
as appropriate. 
(h) REJECTION OF OFFERS.—The Secretary may re-
ject any offer made under this section if the Secretary deter-
mines that the offer is not— 
(1) adequate to provide market value under sub-
section (g)(1); or 
(2) in the public interest. 
(i) BROKERAGE SERVICES.—The Secretary may use 
the proceeds of sales or exchanges under this section to pay 
reasonable commissions or fees for brokerage services if the 
Secretary determines that the services are in the public in-
terest. 
(j) DISPOSITION OF PROCEEDS.— 
(1) IN GENERAL.—After deducting any costs of 
the Secretary relating to a conveyance, the Secretary 
shall deposit the proceeds from the conveyance in the 
fund established under Public Law 90–171 (com-
monly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a). 
(2) USE.—Amounts deposited under paragraph 
(1) shall remain available to the Secretary until ex-
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pended, without further appropriation, to pay any 
necessary and incidental costs of the Secretary for the 
acquisition, improvement, deferred maintenance, con-
struction of new facilities; and disposition of admin-
istrative sites and capital improvements on National 
Forest System land. 
(k) CONSULTATION WITH ADMINISTRATOR.—As ap-
propriate, the Secretary is encouraged to work with the Ad-
ministrator with respect to the conveyance of administra-
tive sites. 
SEC. 504. WORKING CAPITAL FUND. 
(a) IN GENERAL.—Section 13 of the Department of 
Agriculture Organic Act of 1956 (16 U.S.C. 579b) is 
amended to read as follows: 
‘‘SEC. 13. WORKING CAPITAL FUND. 
‘‘(a) ESTABLISHMENT.—There is established a working 
capital fund (referred to in this section as the ‘Fund’), 
which shall be available without fiscal year limitation. 
‘‘(b) USE.—Amounts in the Fund shall be used to pay 
the costs of purchasing, constructing, performing capital re-
pairs on, renovating, rehabilitating, disposing, or replacing 
buildings and to carry out deferred maintenance and im-
provements to land for programs of the Forest Service, sub-
ject to any limitations in appropriations for the Forest 
Service.
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‘‘(c) TRANSFER AND CAPITALIZATION.—The Secretary 
of Agriculture (referred to in this section as the ‘Secretary’) 
may— 
‘‘(1) transfer to the Fund, without reimburse-
ment, and capitalize in the Fund at fair and reason-
able values, any receivables, inventories, equipment, 
buildings, improvements, and other assets as the Sec-
retary determines to be appropriate; and 
‘‘(2) assume the liabilities associated with the as-
sets transferred under paragraph (1). 
‘‘(d) ADVANCE PAYMENTS.—The fund shall be credited 
with advance payments in connection with firm orders and 
reimbursements from appropriations and funds of the For-
est Service, other departmental and Federal agencies, and 
from other sources, as authorized by law, at rates approxi-
mately equal to the cost of furnishing the facilities and serv-
ice.’’. 
(b) SAVINGS CLAUSE.—The amendment made by sub-
section (a) shall not affect the status of funds and assets 
in the working capital fund established by section 13 of the 
Department of Agriculture Organic Act of 1956 (16 U.S.C. 
579b) as in effect on the date of enactment of this section.
This Act may be cited as the ‘‘Department of the Inte-
rior, Environment, and Related Agencies Appropriations 
Act, 2006’’.
Calendar No. 125
109TH CONGRESS 
1ST SESSION 
H.R. 2361
[Report No. 109–80] 
AN ACT 
Making appropriations for the Department of the 
Interior, environment, and related agencies for 
the fiscal year ending September 30, 2006, and 
for other purposes. 
MAY 20, 2005
Received; read twice and referred to the Committee on 
Appropriations 
JUNE 10, 2005
Reported with an amendment