placement of passenger motor vehicles; reimbursement to
the General Services Administration for security guard
services; contracting for the furnishing of topographic
maps and for the making of geophysical or other special-
ized surveys when it is administratively determined that
such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and ob-
servation wells; expenses of the United States National
Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the Survey duly ap-
pointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or co-
operative agreements as defined in 31 U.S.C. 6302 et seq.:
Provided further, That the United States Geological Sur-
vey may enter into contracts or cooperative agreements
directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent services of students or
recent graduates, who shall be considered employees for
the purpose of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work inju-
ries, and chapter 171 of title 28, United States Code, re-
lating to tort claims, but shall not be considered to be Fed-
eral employees for any other purposes.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehi-
cles for replacement only, $171,575,000, of which
$81,906,000 shall be available for royalty management ac-
tivities; and an amount not to exceed $103,730,000, to
be credited to this appropriation and to remain available
until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate
increases to fee collections for Outer Continental Shelf ad-
ministrative activities performed by the Minerals Manage-
ment Service (MMS) over and above the rates in effect
on September 30, 1993, and from additional fees for
Outer Continental Shelf administrative activities estab-
lished after September 30, 1993: Provided, That to the
extent $103,730,000 in additions to receipts are not real-
ized from the sources of receipts stated above, the amount
needed to reach $103,730,000 shall be credited to this ap-
propriation from receipts resulting from rental rates for
Outer Continental Shelf leases in effect before August 5,
1993: Provided further, That $3,000,000 for computer ac-
quisitions shall remain available until September 30,
2006: Provided further, That funds appropriated under
this Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided fur-
ther, That not to exceed $3,000 shall be available for rea-
sonable expenses related to promoting volunteer beach and
marine cleanup activities: Provided further, That notwith-
standing any other provision of law, $15,000 under this
heading shall be available for refunds of overpayments in
connection with certain Indian leases in which the Direc-
tor of MMS concurred with the claimed refund due, to
pay amounts owed to Indian allottees or tribes, or to cor-
rect prior unrecoverable erroneous payments: Provided
further, That MMS may under the royalty-in-kind pilot
program, or under its authority to transfer oil to the Stra-
tegic Petroleum Reserve, use a portion of the revenues
from royalty-in-kind sales, without regard to fiscal year
limitation, to pay for transportation to wholesale market
centers or upstream pooling points, and to process or oth-
erwise dispose of royalty production taken in kind, and
to recover MMS transportation costs, salaries, and other
administrative costs directly related to filling the Strategic
Petroleum Reserve: Provided further, That MMS shall
analyze and document the expected return in advance of
any royalty-in-kind sales to assure to the maximum extent
practicable that royalty income under the pilot program
is equal to or greater than royalty income recognized
under a comparable royalty-in-value program: Provided
further, That in fiscal year 2005 and thereafter, notwith-
standing 30 U.S.C. 191(a) and 43 U.S.C. 1338, the Sec-
retary shall pay, not to exceed $499,000 annually,
amounts owed to States under the provision of 30 U.S.C.
1721(b) from amounts received as current receipts from
bonuses, royalties, interest collected from lessees and des-
ignees, and rentals of the public lands and the outer conti-
nental shelf under provisions of the Mineral Leasing Act
(30 U.S.C. 181 et seq.), and the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.), which are not payable
to a State or the Reclamation Fund.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
$7,105,000, which shall be derived from the Oil Spill Li-
ability Trust Fund, to remain available until expended.
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions
of the Surface Mining Control and Reclamation Act of
1977, Public Law 95–87, as amended, including the pur-
chase of not to exceed 10 passenger motor vehicles, for
replacement only; $108,805,000: Provided, That the Sec-
retary of the Interior, pursuant to regulations, may use
directly or through grants to States, moneys collected in
fiscal year 2005 for civil penalties assessed under section
518 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1268), to reclaim lands adversely af-
fected by coal mining practices after August 3, 1977, to
remain available until expended: Provided further, That
appropriations for the Office of Surface Mining Reclama-
tion and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Of-
fice of Surface Mining Reclamation and Enforcement
sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the
Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase
of not more than 10 passenger motor vehicles for replace-
ment only, $194,106,000, to be derived from receipts of
the Abandoned Mine Reclamation Fund and to remain
available until expended; of which up to $10,000,000, to
be derived from the Federal Expenses Share of the Fund,
shall be for supplemental grants to States for the reclama-
tion of abandoned sites with acid mine rock drainage from
coal mines, and for associated activities, through the Ap-
palachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 per State
in fiscal year 2005: Provided further, That pursuant to
Public Law 97–365, the Department of the Interior is au-
thorized to use up to 20 percent from the recovery of the
delinquent debt owed to the United States Government to
pay for contracts to collect these debts: Provided further,
That funds made available under title IV of Public Law
95–87 may be used for any required non-Federal share
of the cost of projects funded by the Federal Government
for the purpose of environmental restoration related to
treatment or abatement of acid mine drainage from aban-
doned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Sur-
face Mining Control and Reclamation Act: Provided fur-
ther, That the State of Maryland may set aside the greater
of $1,000,000 or 10 percent of the total of the grants
made available to the State under title IV of the Surface
Mining Control and Reclamation Act of 1977, as amended
(30 U.S.C. 1231 et seq.), if the amount set aside is depos-
ited in an acid mine drainage abatement and treatment
fund established under a State law, pursuant to which law
the amount (together with all interest earned on the
amount) is expended by the State to undertake acid mine
drainage abatement and treatment projects, except that
before any amounts greater than 10 percent of its title
IV grants are deposited in an acid mine drainage abate-
ment and treatment fund, the State of Maryland must
first complete all Surface Mining Control and Reclamation
Act priority one projects: Provided further, That amounts
provided under this heading may be used for the travel
and per diem expenses of State and tribal personnel at-
tending Office of Surface Mining Reclamation and En-
forcement sponsored training.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act
of November 2, 1921 (25 U.S.C. 13), the Indian Self-De-
termination and Education Assistance Act of 1975 (25
U.S.C. 450 et seq.), as amended, the Education Amend-
ments of 1978 (25 U.S.C. 2001–2019), and the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
as amended, $1,935,033,000, to remain available until
September 30, 2006 except as otherwise provided herein,
of which not to exceed $85,638,000 shall be for welfare
assistance payments and notwithstanding any other provi-
sion of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$133,314,000 shall be available for payments to tribes and
tribal organizations for contract support costs associated
with ongoing contracts, grants, compacts, or annual fund-
ing agreements entered into with the Bureau prior to or
during fiscal year 2005, as authorized by such Act except
that tribes and tribal organizations may use their tribal
priority allocations for unmet indirect costs of ongoing
contracts, grants, or compacts, or annual funding agree-
ments and for unmet welfare assistance costs; and of
which not to exceed $458,057,000 for school operations
costs of Bureau-funded schools and other education pro-
grams shall become available on July 1, 2005, and shall
remain available until September 30, 2006; and of which
not to exceed $61,409,000 shall remain available until ex-
pended for housing improvement, road maintenance, at-
torney fees, litigation support, the Indian Self-Determina-
tion Fund, land records improvement, and the Navajo-
Hopi Settlement Program: Provided, That notwith-
standing any other provision of law, including but not lim-
ited to the Indian Self-Determination Act of 1975, as
amended, and 25 U.S.C. 2008, not to exceed $45,348,000
within and only from such amounts made available for
school operations shall be available to tribes and tribal or-
ganizations for administrative cost grants associated with
ongoing grants entered into with the Bureau prior to or
during fiscal year 2004 for the operation of Bureau-fund-
ed schools, and up to $3,000,000 within and only from
such amounts made available for school operations shall
be available for the transitional costs of initial administra-
tive cost grants to tribes and tribal organizations that
enter into grants for the operation on or after July 1,
2004 of Bureau-operated schools: Provided further, That
any forestry funds allocated to a tribe which remain unob-
ligated as of September 30, 2006, may be transferred dur-
ing fiscal year 2007 to an Indian forest land assistance
account established for the benefit of such tribe within the
tribe’s trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2007.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities,
and other facilities, including architectural and engineer-
ing services by contract; acquisition of lands, and interests
in lands; and preparation of lands for farming, and for
construction of the Navajo Indian Irrigation Project pur-
suant to Public Law 87–483, $348,626,000, to remain
available until expended: Provided, That such amounts as
may be available for the construction of the Navajo Indian
Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 per-
cent of contract authority available to the Bureau of In-
dian Affairs from the Federal Highway Trust Fund may
be used to cover the road program management costs of
the Bureau: Provided further, That any funds provided for
the Safety of Dams program pursuant to 25 U.S.C. 13
shall be made available on a nonreimbursable basis: Pro-
vided further, That for fiscal year 2005, in implementing
new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to
tribally controlled grant schools under Public Law 100–
297, as amended, the Secretary of the Interior shall use
the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR
part 12 as the regulatory requirements: Provided further,
That such grants shall not be subject to section 12.61 of
43 CFR; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be per-
formed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the
construction projects conform to applicable building stand-
ards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(b), with
respect to organizational and financial management capa-
bilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2504(f): Provided further, That
any disputes between the Secretary and any grantee con-
cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2507(e): Provided further, That, of the funds
provided for the tribal school demonstration program, not-
withstanding the provisions of paragraph (b)(1) of section
122 of division F of Public Law 108–7, as amended by
section 136 of Public Law 108–108, $4,500,000 is for the
Eastern Band of Cherokee education campus at the
Ravensford tract.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$44,771,000, to remain available until expended, for im-
plementation of enacted Indian land and water claim set-
tlements pursuant to Public Laws 99–264, 100–580, 101–
618, 106–554, 107–331, and 108–34, and for implemen-
tation of other land and water rights settlements; and of
which $10,032,000 shall be available for payment to the
Quinault Indian Nation pursuant to the terms of the
North Boundary Settlement Agreement dated July 14,
2000, providing for the acquisition of perpetual conserva-
tion easements from the Nation.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans,
$6,421,000, of which $695,000 is for administrative ex-
penses, as authorized by the Indian Financing Act of
1974, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Pro-
vided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $84,699,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian
Affairs may contract for services in support of the man-
agement, operation, and maintenance of the Power Divi-
sion of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guar-
antee and insurance fund, and the Indian Guaranteed
Loan Program account) shall be available for expenses of
exhibits, and purchase and replacement of passenger
motor vehicles.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration (ex-
cept facilities operations and maintenance) shall be avail-
able for tribal contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103–
413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government’s trust responsibility to that
tribe, or the government-to-government relationship be-
tween the United States and that tribe, or that tribe’s abil-
ity to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C.
452 et seq., shall be available to support the operation of
any elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other
Act for schools funded by the Bureau shall be available
only to the schools in the Bureau school system as of Sep-
tember 1, 1996. No funds available to the Bureau shall
be used to support expanded grades for any school or dor-
mitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bu-
reau school system as of October 1, 1995. Funds made
available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term
is defined in section 1146 of the Education Amendments
of 1978 (25 U.S.C. 2026)), except that a charter school
that is in existence on the date of the enactment of this
Act and that has operated at a Bureau-funded school be-
fore September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bu-
reau a pro rata share of funds to reimburse the Bureau
for the use of the real and personal property (including
buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school pro-
grams of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-
funded schools sharing a campus with a charter school and
performing functions related to the charter school’s oper-
ation and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of
title 28, United States Code.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$74,935,000, of which: (1) $68,372,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree
snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as au-
thorized by law (48 U.S.C. 1661(c)); grants to the Govern-
ment of American Samoa, in addition to current local rev-
enues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of
the Northern Mariana Islands as authorized by law (Pub-
lic Law 94-241; 90 Stat. 272); and (2) $6,563,000 shall
be available for salaries and expenses of the Office of Insu-
lar Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, in-
cluding such transactions of all agencies or instrumental-
ities established or used by such governments, may be au-
dited by the General Accounting Office, at its discretion,
in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands
Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representa-
tives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104–
134: Provided further, That of the amounts provided for
technical assistance, sufficient funds shall be made avail-
able for a grant to the Pacific Basin Development Council:
Provided further, That of the amounts provided for tech-
nical assistance, sufficient funding shall be made available
for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and mainte-
nance improvement are appropriated to institutionalize
routine operations and maintenance improvement of cap-
ital infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee’s commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for dis-
aster assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching
funds for the purpose of hazard mitigation grants provided
pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $5,499,000, as
provided for in sections 221(a)(2), 221(b), and 233 of the
Compact of Free Association for the Republic of Palau
as authorized by Public Law 99–658; Public Law 108–
188; and section 221(a)(2) of the Compacts of Free Asso-
ciation and their related agreements between the Govern-
ment of the United States and the Government of the Re-
public of the Marshall Islands as amended.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for management of the De-
partment of the Interior, $93,051,000, of which not to ex-
ceed $8,500 may be for official reception and representa-
tion expenses, of which up to $1,000,000 shall be available
for workers compensation payments and unemployment
compensation payments associated with the orderly clo-
sure of the United States Bureau of Mines, and of which
$13,500,000, to be derived by transfer from unobligated
balances in the ‘‘Central Hazardous Materials Fund’’,
shall remain available until expended for a departmental
financial and business management system. Provided,
That none of the funds in this or previous appropriations
Acts may be used to establish any additional reserves in
the Working Capital Fund account other than the two au-
thorized reserves without prior approval of the House and
Senate Committees on Appropriations: Provided further,
That amounts otherwise appropriated by this Act for
motor vehicle lease, purchase or service costs at the De-
partment of the Interior are reduced by $13,500,000 and,
not later than 30 days after the date of the enactment
of this Act, the Director of the Office of Management and
Budget shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a listing
of the amounts by account of the reductions made pursu-
ant to this proviso.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of Octo-
ber 20, 1976, as amended (31 U.S.C. 6901-6907),
$226,000,000, of which not to exceed $400,000 shall be
available for administrative expenses: Provided, That no
payment shall be made to otherwise eligible units of local
government if the computed amount of the payment is less
than $100.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$51,356,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $37,655,000.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For the operation of trust programs for Indians by
direct expenditure, contracts, cooperative agreements,
compacts, and grants, $196,267,000, to remain available
until expended: Provided, That of the amounts available
under this heading not to exceed $58,000,000 shall be
available for records collection and indexing, imaging and
coding, accounting for per capita and judgment accounts,
accounting for tribal accounts, reviewing and distributing
funds from special deposit accounts, and program man-
agement of the Office of Historical Trust Accounting, in-
cluding litigation support: Provided further, That funds for
trust management improvements and litigation support
may, as needed, be transferred to or merged with the Bu-
reau of Indian Affairs, ‘‘Operation of Indian Programs’’
account; the Office of the Solicitor, ‘‘Salaries and Ex-
penses’’ account; and the Departmental Management,
‘‘Salaries and Expenses’’ account: Provided further, That
funds made available to Tribes and Tribal organizations
through contracts or grants obligated during fiscal year
2005, as authorized by the Indian Self-Determination Act
of 1975 (25 U.S.C. 450 et seq.), shall remain available
until expended by the contractor or grantee: Provided fur-
ther, That notwithstanding any other provision of law, the
statute of limitations shall not commence to run on any
claim, including any claim in litigation pending on the date
of the enactment of this Act, concerning losses to or mis-
management of trust funds, until the affected tribe or in-
dividual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That not-
withstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had
activity for at least 18 months and has a balance of $1.00
or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any
such accounts and shall permit the balance in each such
account to be withdrawn upon the express written request
of the account holder: Provided further, That not to exceed
$50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements
from or deposits to Individual Indian Money or Tribal ac-
counts after September 30, 2002: Provided further, That
erroneous payments that are recovered shall be credited
to and remain available in this account for this purpose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian
lands and expenses associated with redetermining and re-
distributing escheated interests in allotted lands, and for
necessary expenses to carry out the Indian Land Consoli-
dation Act of 1983, as amended, by direct expenditure or
cooperative agreement, $42,000,000, to remain available
until expended: Provided, That funds provided under this
heading may be expended pursuant to the authorities con-
tained in the provisos under the heading ‘‘Office of Special
Trustee for American Indians, Indian Land Consolida-
tion’’ of the Interior and Related Agencies Appropriations
Act, 2001 (Public Law 106–291).
NATURAL RESOURCES DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability
Act, as amended (42 U.S.C. 9601 et seq.), Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (Public Law 101–380)
(33 U.S.C. 2701 et seq.), and Public Law 101–337, as
amended (16 U.S.C. 19jj et seq.), $5,818,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or
trade-in value used to offset the purchase price for the
replacement aircraft: Provided further, That no programs
funded with appropriated funds in the ‘‘Departmental
Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In-
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-
gencies shall have been exhausted: Provided further, That
all funds used pursuant to this section are hereby des-
ignated by Congress to be ‘‘emergency requirements’’ pur-
suant to H. Res. 649 and section 402 of S. Con. Res.
95, the concurrent resolution on the budget for fiscal year
2005, and must be replenished by a supplemental appro-
priation which must be requested 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-
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: Provided further, That all funds
used pursuant to this section are hereby designated by
Congress to be ‘‘emergency requirements’’ pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649
(108th Congress), the concurrent resolution on the budget
for fiscal year 2005, and must be replenished by a supple-
mental appropriation which must be requested as prompt-
ly as possible: Provided further, That such replenishment
funds shall be used to reimburse, on a pro rata basis, ac-
counts from which emergency funds were transferred.
SEC. 103. Appropriations made to the Department
of the Interior shall hereafter be available for operation
of warehouses, garages, shops, and similar facilities, wher-
ever consolidation of activities will contribute to efficiency
or economy, and said appropriations shall be reimbursed
for services rendered to any other activity in the same
manner as authorized by sections 1535 and 1536 of title
31, United States Code: Provided, That reimbursements
for costs and supplies, materials, equipment, and for serv-
ices rendered may be credited to the appropriation current
at the time such reimbursements are received.
SEC. 104. 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-
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. 105. Appropriations available to the Depart-
ment of the Interior for salaries and expenses shall here-
after be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901–5902 and D.C. Code
4–204).
SEC. 106. Annual appropriations made to the De-
partment of the Interior shall hereafter be available for
obligation in connection with contracts issued for services
or rentals for periods not in excess of 12 months beginning
at any time during the fiscal year.
SEC. 107. 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. 108. 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. 109. 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.
SEC. 110. 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. 111. Advance payments made to the Depart-
ment of the Interior to Indian tribes, tribal organizations,
and tribal consortia pursuant to the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450
et seq.) or the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.) may hereafter be invested by the
Indian tribe, tribal organization, or consortium before
such funds are expended for the purposes of the grant,
compact, or annual funding agreement so long as such
funds are—
(1) invested by the Indian tribe, tribal organiza-
tion, or consortium only in obligations of the United
States, or in obligations or securities that are guar-
anteed or insured by the United States, or mutual
(or other) funds registered with the Securities and
Exchange Commission and which only invest in obli-
gations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are in-
sured by an agency or instrumentality of the United
States, or are fully collateralized to ensure protec-
tion of the funds, even in the event of a bank failure.
SEC. 112. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any unobligated
balances 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. 113. 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
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. 114. 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 2005. Under circumstances of dual
enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not
apply.
SEC. 115. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2005
shall be allocated among the schools proportionate to the
unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian
Education Programs.
SEC. 116. (a) The Secretary of the Interior shall take
such action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas
(as described in section 123 of Public Law 106–291) are
used only in accordance with this section.
(b) The lands of the Huron Cemetery shall be used
only: (1) for religious and cultural uses that are compat-
ible with the use of the lands as a cemetery; and (2) as
a burial ground.
SEC. 117. 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. 118. Notwithstanding other provisions of law,
the National Park Service hereafter may authorize,
through cooperative agreement, the Golden Gate National
Parks Association to provide fee-based education, inter-
pretive and visitor service functions within the Crissy
Field and Fort Point areas of the Presidio.
SEC. 119. Notwithstanding 31 U.S.C. 3302(b), sums
received by the Bureau of Land Management for the sale
of seeds or seedlings, may hereafter be credited to the ap-
propriation from which funds were expended to acquire
or grow the seeds or seedlings and are available without
fiscal year limitation.
SEC. 120. 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. 121. Funds provided in this Act for Federal
land acquisition by the National Park Service for Shen-
andoah Valley Battlefields National Historic District, New
Jersey Pinelands Preserve, and Ice Age National Scenic
Trail may be used for a grant to a State, a local govern-
ment, or any other governmental land management entity
for the acquisition of lands without regard to any restric-
tion on the use of Federal land acquisition funds provided
through the Land and Water Conservation Fund Act of
1965 as amended.
SEC. 122. 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. 123. 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. 124. None of the funds made available in this
or any other Act for any fiscal year may be used to des-
ignate, or to post any sign designating, any portion of Ca-
naveral National Seashore in Brevard County, Florida, as
a clothing-optional area or as an area in which public nu-
dity is permitted, if such designation would be contrary
to county ordinance.
SEC. 125. 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-
Baltimore locality pay area.
SEC. 126. 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. 127. 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. 128. Such sums as may be necessary from ‘‘De-
partmental Management, Salaries and Expenses’’, shall be
transferred to ‘‘United States Fish and Wildlife Service,
Resource Management’’ for operational needs at the Mid-
way Atoll National Wildlife Refuge airport.
SEC. 129. (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. 130. 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. 131. 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 2006 shall not exceed $12,000,000.
SEC. 132. Notwithstanding any implementation of
the Department of the Interior’s trust reorganization plan
within fiscal years 2004 or 2005, funds appropriated for
fiscal year 2005 shall be available to the tribes within the
California Tribal Trust Reform Consortium and to the
Salt River Pima Maricopa Indian Community, the Confed-
erated Salish-Kootenai Tribes of the Flathead Reservation
and the Chippewa Cree Tribe of the Rocky Boys Reserva-
tion on the same basis as funds were distributed in fiscal
year 2004. This Demonstration Project shall operate sepa-
rate and apart from the Department of the Interior’s trust
reform reorganization, and the Department shall not im-
pose its trust management infrastructure 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-Governance
Program set forth in 25 U.S.C. Sections 458aa–458hh:
Provided, That the California Trust Reform Consortium
and any other participating tribe agree to carry out their
responsibilites under the same fiduciary standards as
those to which the Secretary of the Interior is held: Pro-
vided further, That they demonstrate, and continue to
demonstrate, to the satisfaction of the Secretary that they
have the capability to do so.
SEC. 133. None of the funds appropriated or other-
wise made available by this or any other Act, hereafter
enacted, may be used to permit the use of the National
Mall for a special event, unless the permit expressly pro-
hibits the erection, placement, or use of structures and
signs bearing commercial advertising. The Secretary may
allow for recognition of sponsors of special events: Pro-
vided, That the size and form of the recognition shall be
consistent with the special nature and sanctity of the Mall
and any lettering or design identifying the sponsor shall
be no larger than one-third the size of the lettering or de-
sign identifying the special event. In approving special
events, the Secretary shall ensure, to the maximum extent
practicable, that public use of, and access to the Mall is
not restricted. For purposes of this section, the term ‘‘spe-
cial event’’ shall have the meaning given to it by section
7.96(g)(1)(ii) of title 36, Code of Federal Regulations.
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland re-
search as authorized by law, $280,654,000, to remain
available until expended: Provided, That of the funds pro-
vided, $52,714,000 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, $282,446,000, to remain available until expended, as
authorized by law of which $43,119,000 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-
priations, in writing, of specific contractual and grant de-
tails including the non-Federal cost share.
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not
otherwise provided for, for management, protection, im-
provement, and utilization of the National Forest System,
$1,399,599,000, to remain available until expended, which
shall include 50 percent of all moneys received during
prior fiscal years as fees collected under the Land and
Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 460l–
6a(i)): Provided, That unobligated balances under this
heading available at the start of fiscal year 2005 shall be
displayed by budget line item in the fiscal year 2006 budg-
et justification: Provided further, That, through fiscal year
2009, the Secretary may authorize the expenditure or
transfer of such sums as necessary to the Department of
the Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the perform-
ance of cadastral surveys to designate the boundaries of
such lands.
WILDLAND FIRE MANAGEMENT
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other
lands under fire protection agreement, hazardous fuels re-
duction on or adjacent to such lands, and for emergency
rehabilitation of burned-over National Forest System
lands and water, $1,734,865,000, to remain available until
expended: Provided, That such funds including unobli-
gated balances under this heading, are available for repay-
ment of advances from other appropriations accounts pre-
viously transferred for such purposes: Provided further,
That such funds shall be available to reimburse State and
other cooperating entities for services provided in response
to wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire