H. R. 4818—258
of time it takes the Department to approve proposed mining plans
of operations and recommending steps to reduce current delays.
SEC. 121. Funds provided in this Act for Federal land acquisi-
tion by the National Park Service for Shenandoah Valley Battle-
fields National Historic District and Ice Age National Scenic Trail
may be used for a grant to a State, a local government, or any
other land management entity for the acquisition of lands without
regard to any restriction on the use of Federal land acquisition
funds provided through the Land and Water Conservation Fund
Act of 1965 as amended.
SEC. 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 Jersey 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 in this or any other Act can
be used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United States
District Court for the District 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. 125. The Secretary of the Interior may use discretionary
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 pay-
ments 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. 126. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endan-
gered 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. 127. Such sums as may be necessary from ‘‘Departmental
Management, Salaries and Expenses’’, may be transferred to
‘‘United States Fish and Wildlife Service, Resource Management’’
for operational needs at the Midway Atoll National Wildlife Refuge
airport.
SEC. 128. (a) IN GENERAL.—Nothing in section 134 of the
Department of the Interior and Related Agencies Appropriations
Act, 2002 (115 Stat. 443) affects the decision of the United States
Court of Appeals for the 10th Circuit in Sac and Fox Nation v.
Norton, 240 F.3d 1250 (2001).
(b) USE OF CERTAIN INDIAN LAND.—Nothing in this section
permits the conduct of gaming under the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) on land described in section 123
H. R. 4818—259
of the Department of the Interior and Related Agencies Appropria-
tions Act, 2001 (114 Stat. 944), or land that is contiguous to that
land, regardless of whether the land or contiguous land has been
taken into trust by the Secretary of the Interior.
SEC. 129. 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. 130. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25
U.S.C. 2717(a)), the total amount of all fees imposed by the National
Indian Gaming Commission for fiscal year 2006 shall not exceed
$12,000,000.
SEC. 131. Notwithstanding any implementation of the Depart-
ment of the Interior’s trust reorganization or reengineering plans,
or the implementation of the ‘‘To Be’’ Model, funds appropriated
for fiscal year 2005 shall be available to the tribes within the
California Tribal Trust Reform Consortium and to the Salt River
Pima-Maricopa Indian Community, the Confederated Salish and
Kootenai Tribes of the Flathead Reservation and the Chippewa
Cree Tribe of the Rocky Boys Reservation through the same method-
ology as funds were distributed in fiscal year 2003. This Demonstra-
tion Project shall continue to operate separate and apart from
the Department of the Interior’s trust reform and reorganization
and the Department shall not impose its trust management infra-
structure upon or alter the existing trust resource management
systems of the above referenced tribes having a self-governance
compact and operating in accordance with the Tribal Self-Govern-
ance Program set forth in 25 U.S.C. 458aa–458hh: Provided, That
the California Trust Reform Consortium and any other participating
tribe agree to carry out their responsibilities under the same written
and implemented fiduciary standards as those being carried by
the Secretary of the Interior: Provided further, That they dem-
onstrate to the satisfaction of the Secretary that they have the
capability to do so: Provided further, That the Department shall
provide funds to the tribes in an amount equal to that required
by 25 U.S.C. 458cc(g)(3), including funds specifically or functionally
related to the provision of trust services to the tribes or their
members.
SEC. 132. Notwithstanding any provision of law, including 42
U.S.C. 4321 et. seq., nonrenewable grazing permits authorized in
the Jarbidge Field Office, Bureau of Land Management within
the past 8 years, shall be renewed. The Animal Unit Months con-
tained in the most recently expired nonrenewable grazing permit,
authorized between March 1, 1997, and February 28, 2003, shall
continue in effect under the renewed permit. Nothing in this section
shall be deemed to extend the nonrenewable permits beyond the
standard 1-year term.
SEC. 133. Pursuant to section 10101f(d)(3) of the Omnibus
Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), the following
claims shall be given notice of defect and the opportunity to cure:
AKFF061472, 
AKFF085155–AKFF085156, 
AKFF061632–
AKFF061633, AKFF061636–AKFF061637, and AKFF084718.
SEC. 134. Section 702(b)(2) of Public Law 107–282 (116 Stat.
2013) is amended by striking ‘‘that if the land’’ and all that follows
through ‘‘conveyed by the Foundation.’’ and inserting the following: