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. 
SEC. 115. The Secretary of the Interior may use dis-
cretionary funds to pay private attorney 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 sec-
tion 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. Nor-
ton. 
SEC. 116. 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. 117. (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. 118. 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. 119. 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)), in fiscal year 2008, the 
total amount of all fees imposed by the National Indian 
Gaming Commission shall not exceed $13,000,000.
SEC. 120. 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 2007 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 2003. 
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. 
The California Trust Reform Consortium and any other 
participating tribe agree to carry out their responsibilities 
under the same written and implemented fiduciary stand-
ards as those being carried by the Secretary of the Inte-
rior. The Consortium shall demonstrate to the satisfaction 
of the Secretary that they have the capability to do so. 
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. 121. Notwithstanding any provision of law, in-
cluding 42 U.S.C. 4321 et seq., nonrenewable grazing per-
mits authorized in the Jarbidge Field Office, Bureau of 
Land Management within the past 9 years, shall be re-
newed. The Animal Unit Months authorized in any non-
renewable grazing permit between March 1, 1997, and 
February 28, 2005, shall continue in effect under the re-
newed permit. Nothing in this section shall be deemed to 
extend the renewed permit beyond the standard 1-year 
term. 
SEC. 122. 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 facilities 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 con-
sideration), or by exchange; and the Secretary is author-
ized to negotiate and enter into leases, subleases, conces-
sion contracts or other agreements for the use of such fa-
cilities on such terms and conditions as the Secretary may 
determine reasonable. 
SEC. 123. Upon the request of the permittee for the 
Clark Mountain Allotment lands adjacent to the Mojave 
National Preserve, the Secretary shall also issue a special 
use permit for that portion of the grazing allotment lo-
cated within the Preserve. The special use permit shall be 
issued with the same terms and conditions as the most 
recently-issued permit for that allotment and the Sec-
retary shall consider the permit to be one transferred in 
accordance with section 325 of Public Law 108–108. 
SEC. 124. Notwithstanding any other provision of 
law, the National Park Service final winter use rules pub-
lished 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 2006–2007 that 
commences on or about December 15, 2006. 
SEC. 125. None of the funds in this or any other Act 
may be used to set up Centers of Excellence and Partner-
ship Skills Bank training without prior approval of the 
House and Senate Committees on Appropriations.
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 Environ-
mental 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; services as authorized by 5 U.S.C. 3109, but at 
rates for individuals not to exceed the per diem rate equiv-
alent to the maximum rate payable for senior level posi-
tions under 5 U.S.C. 5376; procurement of laboratory 
equipment and supplies; other operating expenses in sup-
port of research and development; construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to 
exceed $85,000 per project, $808,044,000, to remain 
available until September 30, 2008.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT 
For environmental programs and management, in-
cluding necessary 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 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 sen-
ior level positions under 5 U.S.C. 5376; hire of passenger 
motor vehicles; hire, maintenance, and operation of air-
craft; purchase of reprints; library memberships in soci-
eties 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, re-
habilitation, and renovation of facilities, not to exceed 
$85,000 per project; and not to exceed $9,000 for official 
reception and representation expenses, $2,336,442,000 
(increased by $1,800,000), to remain available until Sep-
tember 30, 2008, 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 facili-
ties, not to exceed $85,000 per project, $35,100,000, to 
remain available until September 30, 2008: Provided, 
That in fiscal year 2007 and thereafter, notwithstanding 
any other provision of law, the Inspector General shall not
serve as the Inspector General for the Chemical Safety 
and Hazard Investigation Board.
BUILDINGS AND FACILITIES 
For construction, repair, improvement, extension, al-
teration, and purchase of fixed equipment or facilities of, 
or for use by, the Environmental Protection Agency, 
$39,816,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (CERCLA), as amended, including sec-
tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilita-
tion, and renovation of facilities, not to exceed $85,000 
per project; $1,256,855,000, to remain available until ex-
pended, consisting of such sums as are available in the 
Trust Fund on September 30, 2006, as authorized by sec-
tion 517(a) of the Superfund Amendments and Reauthor-
ization Act of 1986 (SARA) and up to $1,256,855,000 
as a payment from general revenues to the Hazardous 
Substance Superfund for purposes as authorized by sec-
tion 517(b) of SARA, as amended: Provided, That funds 
appropriated under this heading may be allocated to other 
Federal agencies in accordance with section 111(a) of
CERCLA: Provided further, That of the funds appro-
priated under this heading, $13,316,000 shall be trans-
ferred to the ‘‘Office of Inspector General’’ appropriation 
to remain available until September 30, 2008, and 
$30,011,000 shall be transferred to the ‘‘Science and 
Technology’’ appropriation to remain available until Sep-
tember 30, 2008.
LEAKING UNDERGROUND STORAGE TANK PROGRAM 
For necessary expenses to carry out leaking under-
ground storage tank cleanup activities authorized by sec-
tion 205 of the Superfund Amendments and Reauthoriza-
tion Act of 1986, and for construction, alteration, repair, 
rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project, $72,759,000, to remain available 
until expended.
OIL SPILL RESPONSE 
For expenses necessary to carry out the Environ-
mental Protection Agency’s responsibilities under the Oil 
Pollution Act of 1990, $16,506,000, to be derived from 
the Oil Spill Liability trust fund, to remain available until 
expended.
STATE AND TRIBAL ASSISTANCE GRANTS 
(INCLUDING RESCISSION OF FUNDS) 
For environmental programs and infrastructure as-
sistance, including capitalization grants for State revolv-
ing 
funds 
and 
performance 
partnership 
grants, 
$3,009,348,000 to remain available until expended, of 
which $687,555,000 shall be for making capitalization 
grants for the Clean Water State Revolving Funds under 
title VI of the Federal Water Pollution Control Act, as 
amended (the ‘‘Act’’); of which up to $50,000,000 shall 
be available for loans, including interest free loans as au-
thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
municipal, interstate, or State agencies or nonprofit enti-
ties for projects that provide treatment for or that mini-
mize sewage or stormwater discharges using one or more 
approaches which include, but are not limited to, decen-
tralized or distributed stormwater controls, decentralized 
wastewater treatment, low-impact development practices, 
conservation easements, stream buffers, or wetlands res-
toration; $841,500,000 shall be for capitalization grants 
for the Drinking Water State Revolving Funds under sec-
tion 1452 of the Safe Drinking Water Act, as amended; 
$24,750,000 shall be for architectural, engineering, plan-
ning, design, construction and related activities in connec-
tion with the construction of high priority water and 
wastewater facilities in the area of the United States-Mex-
ico border, after consultation with the appropriate border 
commission; $14,850,000 shall be for grants to the State 
of Alaska to address drinking water and waste infrastruc-
ture needs of rural and Alaska Native Villages: Provided, 
That, of these funds: (1) the State of Alaska shall provide 
a match of 25 percent; (2) no more than 5 percent of the 
funds may be used for administrative and overhead ex-
penses; and (3) the State of Alaska shall make awards 
consistent with the State-wide priority list established in 
2004 for all water, sewer, waste disposal, and similar 
projects carried out by the State of Alaska that are funded 
under section 221 of the Federal Water Pollution Control 
Act (33 U.S.C. 1301) or the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1921 et seq.) which shall allo-
cate not less than 25 percent of the funds provided for 
projects in regional hub communities; $200,000,000 shall 
be for making special project grants for the construction 
of drinking water, wastewater and storm water infrastruc-
ture and for water quality protection in accordance with 
the terms and conditions specified for such grants in the 
joint explanatory statement of the managers accom-
panying this Act, and, for purposes of these grants, each 
grantee shall contribute not less than 45 percent of the 
cost of the project unless the grantee is approved for a 
waiver by the Agency; $89,119,000 shall be to carry out 
section 104(k) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 
(CERCLA), as amended, including grants, interagency
agreements, and associated program support costs; 
$28,000,000 shall be for the national grant and loan pro-
gram authorized by section 792 of the Energy Policy Act 
of 2005 for the National Clean Diesel Initiative; and 
$1,122,584,000 shall be for grants, including associated 
program support costs, to States, federally-recognized 
tribes, interstate agencies, tribal consortia, and air pollu-
tion control agencies for multi-media or single media pol-
lution prevention, control and abatement and related ac-
tivities, including activities pursuant to the provisions set 
forth under this heading in Public Law 104–134, and for 
making grants under section 103 of the Clean Air Act for 
particulate matter monitoring and data collection activi-
ties subject to terms and conditions specified by the Ad-
ministrator, of which $49,495,000 shall be for carrying 
out section 128 of CERCLA, as amended, $14,850,000 
shall be for Environmental Information Exchange Net-
work grants, including associated program support costs, 
not less than $18,500,000 of the funds available for grants 
under section 106 of the Act shall be for the water quality 
monitoring initiative that meet EPA standards for statis-
tically representative monitoring programs, $17,567,000 
to make grants to States under section 2007(f)(2) of the 
Solid Waste Disposal Act, as amended, and to federally-
recognized tribes under Public Law 105–276, and to pro-
vide financial assistance to States and federally-recognized 
tribes for the purposes authorized by Title XV, Subtitle 
B of the Energy Policy Act of 2005, with the exception 
of leaking underground storage tank cleanup activities 
that are authorized by section 205 of Superfund Amend-
ments and Reauthorization Act of 1986, and $15,930,000 
shall be for making competitive targeted watershed grants: 
Provided further, That notwithstanding section 603(d)(7) 
of the Federal Water Pollution Control Act, the limitation 
on the amounts in a State water pollution control revolv-
ing fund that may be used by a State to administer the 
fund shall not apply to amounts included as principal in 
loans made by such fund in fiscal year 2007 and prior 
years where such amounts represent costs of admin-
istering the fund to the extent that such amounts are or 
were deemed reasonable by the Administrator, accounted 
for separately from other assets in the fund, and used for 
eligible purposes of the fund, including administration: 
Provided further, That for fiscal year 2007, and notwith-
standing section 518(f) of the Act, the Administrator is 
authorized to use the amounts appropriated for any fiscal 
year under section 319 of that Act to make grants to fed-
erally-recognized Indian tribes pursuant to sections 319(h) 
and 518(e) of that Act: Provided further, That for fiscal 
year 2007, notwithstanding the limitation on amounts in
section 518(c) of the Act, up to a total of 11⁄2 percent 
of the funds appropriated for State Revolving Funds 
under title VI of that Act may be reserved by the Adminis-
trator for grants under section 518(c) of that Act: Pro-
vided further, That no funds provided by this Act to ad-
dress the water, wastewater and other critical infrastruc-
ture needs of the colonias in the United States along the 
United States-Mexico border shall be made available to a 
county or municipal government unless that government 
has established an enforceable local ordinance, or other 
zoning rule, which prevents in that jurisdiction the devel-
opment or construction of any additional colonia areas, or 
the development within an existing colonia the construc-
tion of any new home, business, or other structure which 
lacks water, wastewater, or other necessary infrastructure: 
Provided further, That of the funds made available under 
this heading in Division I of Public Law 108–447, 
$500,000 is for Monticello, AR water and wastewater in-
frastructure improvements and $500,000 is for Pine 
Bluff, AR water and wastewater infrastructure improve-
ments: Provided further, That funds that were appro-
priated under this heading for special project grants in 
fiscal year 2001 or earlier that have not been obligated 
on an approved grant by September 1, 2007, are re-
scinded.
ADMINISTRATIVE PROVISIONS 
For fiscal year 2007, notwithstanding 31 U.S.C. 
6303(1) and 6305(1), the Administrator of the Environ-
mental Protection Agency, in carrying out the Agency’s 
function to implement directly Federal environmental pro-
grams required or authorized by law in the absence of an 
acceptable tribal program, may award cooperative agree-
ments to federally-recognized Indian Tribes or Intertribal 
consortia, if authorized by their member Tribes, to assist 
the Administrator in implementing Federal environmental 
programs for Indian Tribes required or authorized by law, 
except that no such cooperative agreements may be award-
ed from funds designated for State financial assistance 
agreements. 
The Administrator of the Environmental Protection 
Agency is authorized to collect and obligate pesticide reg-
istration service fees in accordance with section 33 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (as 
added by subsection (f)(2) of the Pesticide Registration 
Improvement Act of 2003), as amended. 
None of the funds provided in this Act may be used, 
directly or through grants, to pay or to provide reimburse-
ment for payment of the salary of a consultant (whether 
retained by the Federal Government or a grantee) at more 
than the daily equivalent of the rate paid for level IV of
the Executive Schedule, unless specifically authorized by 
law. 
None of the funds made available in this Act may 
be used to promulgate in final form, issue, implement, or 
enforce the Environmental Protection Agency’s Toxics Re-
lease Inventory Burden Reduction Proposed Rule pub-
lished in the Federal Register on October 4, 2005 (Volume 
70, Number 191) at pages 57822 and following or the 
Toxics Release Inventory 2006 Burden Reduction Pro-
posed Rule published in the Federal Register on October 
4, 2005 (Volume 70, Number 191) at pages 57871 
through 57872. 
GENERAL PROVISIONS, ENVIRONMENTAL PROTECTION 
AGENCY 
SEC. 201. None of the funds made available by this 
Act may be used in contravention of, or to delay the imple-
mentation of, Executive Order No. 12898 of February 11, 
1994 (59 Fed. Reg. 7629; relating to Federal actions to 
address environmental justice in minority populations and 
low-income populations). 
SEC. 202. None of the funds made available in this 
Act may be used in contravention of 15 U.S.C. 2682(c)(3) 
or to delay the implementation of that section.
TITLE III—RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST AND RANGELAND RESEARCH 
For necessary expenses of forest and rangeland re-
search as authorized by law, $280,318,000, to remain 
available until expended: Provided, That of the funds pro-
vided, $62,329,000 is for the forest inventory and analysis 
program.
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with and pro-
viding technical and financial assistance to States, terri-
tories, possessions, and others, and for forest health man-
agement, including treatments of pests, pathogens, and 
invasive or noxious plants and for restoring and rehabili-
tating forests damaged by pests or invasive plants, cooper-
ative forestry, and education and land conservation activi-
ties and conducting an international program as author-
ized, $228,608,000, to remain available until expended, as 
authorized by law of which $9,280,000 is to be derived 
from the Land and Water Conservation Fund: Provided, 
That none of the funds provided under this heading for 
the acquisition of lands or interests in lands shall be avail-
able until the Forest Service notifies the House Committee 
on Appropriations and the Senate Committee on Appro-