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from other appropriations accounts previously transferred 
for such purposes: Provided further, That any unobligated 
balances remaining may be transferred to the ‘‘National 
Forest System’’ account and available without further ap-
propriation to fund vegetative treatments that improve con-
dition class: Provided further, That such funds shall be 
available to reimburse State and other cooperating entities 
for services provided in response to wildfire and other emer-
gencies or disasters to the extent such reimbursements by 
the Forest Service for non-fire emergencies are fully repaid 
by the responsible emergency management agency: Provided 
further, That not less than 50 percent of any unobligated 
balances remaining (exclusive of amounts for hazardous 
fuels reduction) at the end of fiscal year 2005 shall be trans-
ferred to the fund established pursuant to section 3 of Public 
Law 71–319 (16 U.S.C. 576 et seq.) if necessary to reim-
burse the fund for unpaid past advances: Provided further, 
That, notwithstanding any other provision of law, 
$8,000,000 of funds appropriated under this appropriation 
shall be used for Fire Science Research in support of the 
Joint Fire Science Program: Provided further, That all au-
thorities for the use of funds, including the use of contracts, 
grants, and cooperative agreements, available to execute the 
Forest and Rangeland Research appropriation, are also 
available in the utilization of these funds for Fire Science
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Research: Provided further, That funds provided shall be 
available for emergency rehabilitation and restoration, haz-
ardous fuels reduction activities in the urban-wildland 
interface, support to Federal emergency response, and wild-
fire suppression activities of the Forest Service: Provided 
further, That of the funds provided, $281,000,000 is for haz-
ardous fuels reduction activities, $2,000,000 is for rehabili-
tation and restoration, $18,385,000 is for research activities 
and to make competitive research grants pursuant to the 
Forest and Rangeland Renewable Resources Research Act, 
as amended (16 U.S.C. 1641 et seq.), $40,179,000 is for 
State fire assistance, $7,889,000 is for volunteer fire assist-
ance, $6,974,000 is for forest health activities on Federal 
lands and $4,598,000 is for forest health activities on State 
and private lands: Provided further, That amounts in this 
paragraph may be transferred to the ‘‘State and Private 
Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and 
Rangeland Research’’ accounts to fund State fire assistance, 
volunteer fire assistance, forest health management, forest 
and rangeland research, vegetation and watershed manage-
ment, heritage site rehabilitation, and wildlife and fish 
habitat management and restoration: Provided further, 
That transfers of any amounts in excess of those authorized 
in this paragraph, shall require approval of the House and 
Senate Committees on Appropriations in compliance with
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reprogramming procedures contained in the report accom-
panying this Act: Provided further, That funds provided 
under this heading for hazardous fuels treatments may be 
transferred to and made a part of the ‘‘National Forest Sys-
tem’’ account at the sole discretion of the Chief of the Forest 
Service thirty days after notifying the House and the Sen-
ate Committees on Appropriations: Provided further, That 
the costs of implementing any cooperative agreement be-
tween the Federal Government and any non-Federal entity 
may be shared, as mutually agreed on by the affected par-
ties: Provided further, That in addition to funds provided 
for State Fire Assistance programs, and subject to all au-
thorities available to the Forest Service under the State and 
Private Forestry Appropriation, up to $15,000,000 may be 
used on adjacent non-Federal lands for the purpose of pro-
tecting communities when hazard reduction activities are 
planned on national forest lands that have the potential to 
place such communities at risk: Provided further, That in-
cluded in funding for hazardous fuel reduction is 
$5,000,000 for implementing the Community Forest Res-
toration Act, Public Law 106–393, title VI, and any por-
tion of such funds shall be available for use on non-Federal 
lands in accordance with authorities available to the Forest 
Service under the State and Private Forestry Appropria-
tion: Provided further, That the Secretary of the Interior
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and the Secretary of Agriculture may authorize the transfer 
of funds appropriated for wildland fire management, in an 
aggregate amount not to exceed $12,000,000, between the 
Departments when such transfers would facilitate and expe-
dite jointly funded wildland fire management programs 
and projects: Provided further, That of the funds provided 
for hazardous fuels reduction, not to exceed $5,000,000, may 
be used to make grants, using any authorities available to 
the Forest Service under the State and Private Forestry ap-
propriation, for the purpose of creating incentives for in-
creased use of biomass from national forest lands. 
CAPITAL IMPROVEMENT AND MAINTENANCE 
For necessary expenses of the Forest Service, not other-
wise provided for, $409,751,000, to remain available until 
expended for construction, reconstruction, maintenance and 
acquisition of buildings and other facilities, and for con-
struction, reconstruction, repair, decommissioning, and 
maintenance of forest roads and trails by the Forest Service 
as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 
and 205: Provided, That up to $15,000,000 of the funds 
provided herein for road maintenance shall be available for 
the decommissioning of roads, including unauthorized roads 
not part of the transportation system, which are no longer 
needed: Provided further, That no funds shall be expended 
to decommission any system road until notice and an op-
portunity for public comment has been provided on each
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decommissioning project: Provided further, That of funds 
provided, $3,000,000 is provided for needed rehabilitation 
and restoration work at Jarbidge Canyon, Nevada: Pro-
vided further, That the Secretary of Agriculture may au-
thorize the transfer of up to $1,350,000 as necessary to the 
Department of the Interior, Bureau of Land Management 
and Fish and Wildlife Service when such transfers would 
facilitate and expedite needed rehabilitation work on Bu-
reau of Land Management lands, and for the Fish and 
Wildlife Service to implement terms and conditions identi-
fied in the Biological Opinion. 
LAND ACQUISITION 
For expenses necessary to carry out the provisions of 
the Land and Water Conservation Fund Act of 1965, as 
amended (16 U.S.C. 460l–4 through 11), including admin-
istrative expenses, and for acquisition of land or waters, 
or interest therein, in accordance with statutory authority 
applicable to the Forest Service, $44,925,000, to be derived 
from the Land and Water Conservation Fund and to re-
main available until expended: Provided further, That, sub-
ject to valid existing rights, all land and interests in land 
acquired in the Thunder Mountain area of the Payette Na-
tional Forest (including patented claims and land that are 
encumbered by unpatented claims or previously appro-
priated funds under this section, or otherwise relinquished 
by a private party) are withdrawn from mineral entry or
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appropriation under Federal mining laws, and from leas-
ing claims under Federal mineral and geothermal leasing 
laws.’’. 
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL 
ACTS 
For acquisition of lands within the exterior boundaries 
of the Cache, Uinta, and Wasatch National Forests, Utah; 
the Toiyabe National Forest, Nevada; and the Angeles, San 
Bernardino, Sequoia, and Cleveland National Forests, Cali-
fornia, as authorized by law, $1,069,000, to be derived from 
forest receipts. 
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands, such sums, to be derived from 
funds deposited by State, county, or municipal govern-
ments, public school districts, or other public school authori-
ties, and for authorized expenditures from funds deposited 
by non-Federal parties pursuant to Land Sale and Ex-
change Acts, pursuant to the Act of December 4, 1967, as 
amended (16 U.S.C. 484a), to remain available until ex-
pended. 
RANGE BETTERMENT FUND 
For necessary expenses of range rehabilitation, protec-
tion, and improvement, 50 percent of all moneys received 
during the prior fiscal year, as fees for grazing domestic 
livestock on lands in National Forests in the 16 Western 
States, pursuant to section 401(b)(1) of Public Law 94–
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579, as amended, to remain available until expended, of 
which not to exceed 6 percent shall be available for adminis-
trative expenses associated with on-the-ground range reha-
bilitation, protection, and improvements. 
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND 
RANGELAND RESEARCH 
For expenses authorized by 16 U.S.C. 1643(b), 
$64,000, to remain available until expended, to be derived 
from the fund established pursuant to the above Act. 
MANAGEMENT OF NATIONAL FOREST LANDS FOR 
SUBSISTENCE USES 
For necessary expenses of the Forest Service to manage 
Federal lands in Alaska for subsistence uses under title VIII 
of the Alaska National Interest Lands Conservation Act 
(Public Law 96–487), $5,067,000, to remain available until 
expended. 
ADMINISTRATIVE PROVISIONS, FOREST SERVICE 
Appropriations to the Forest Service for the current 
fiscal year shall be available for: (1) purchase of not to ex-
ceed 119 passenger motor vehicles of which 14 will be used 
primarily for law enforcement purposes and of which 119 
shall be for replacement; acquisition of 25 passenger motor 
vehicles from excess sources, and hire of such vehicles; pur-
chase, lease, operation, maintenance, and acquisition of air-
craft from excess sources to maintain the operable fleet at 
195 aircraft for use in Forest Service wildland fire pro-
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grams and other Forest Service programs; notwithstanding 
other provisions of law, existing aircraft being replaced 
may be sold, with proceeds derived or trade-in value used 
to offset the purchase price for the replacement aircraft; (2) 
services pursuant to 7 U.S.C. 2225, and not to exceed 
$100,000 for employment under 5 U.S.C. 3109; (3) pur-
chase, erection, and alteration of buildings and other public 
improvements (7 U.S.C. 2250); (4) acquisition of land, wa-
ters, and interests therein pursuant to 7 U.S.C. 428a; (5) 
for expenses pursuant to the Volunteers in the National For-
est Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) 
the cost of uniforms as authorized by 5 U.S.C. 5901–5902; 
and (7) for debt collection contracts in accordance with 31 
U.S.C. 3718(c). 
None of the funds made available under this Act shall 
be obligated or expended to abolish any region, to move or 
close any regional office for National Forest System admin-
istration of the Forest Service, Department of Agriculture 
without the consent of the House and Senate Committees 
on Appropriations. 
Any appropriations or funds available to the Forest 
Service may be transferred to the Wildland Fire Manage-
ment appropriation for forest firefighting, emergency reha-
bilitation of burned-over or damaged lands or waters under 
its jurisdiction, and fire preparedness due to severe burning
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conditions upon notification of the House and Senate Com-
mittees on Appropriations and if and only if all previously 
appropriated emergency contingent funds under the head-
ing ‘‘Wildland Fire Management’’ have been released by the 
President and apportioned and all wildfire suppression 
funds under the heading ‘‘Wildland Fire Management’’ are 
obligated. 
Funds appropriated to the Forest Service shall be 
available for assistance to or through the Agency for Inter-
national Development and the Foreign Agricultural Service 
in connection with forest and rangeland research, technical 
information, and assistance in foreign countries, and shall 
be available to support forestry and related natural resource 
activities outside the United States and its territories and 
possessions, including technical assistance, education and 
training, and cooperation with United States and inter-
national organizations. 
None of the funds made available to the Forest Service 
under this Act shall be subject to transfer under the provi-
sions of section 702(b) of the Department of Agriculture Or-
ganic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b, except 
that in fiscal year 2006 the Forest Service may transfer 
funds to the ‘‘National Forest System’’ account from other 
agency accounts to enable the agency’s law enforcement pro-
gram to pay full operating costs including overhead.
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None of the funds available to the Forest Service may 
be reprogrammed without the advance approval of the 
House and Senate Committees on Appropriations in ac-
cordance with the reprogramming procedures contained in 
the report accompanying this Act. 
Not more than $72,646,000 of funds available to the 
Forest Service may be transferred to the Working Capital 
Fund of the Department of Agriculture. Nothing in this sec-
tion shall prohibit or limit the use of reimbursable agree-
ments requested by the Forest Service in order to obtain 
services from the Department of Agriculture’s National In-
formation Technology Center. 
Funds available to the Forest Service shall be available 
to conduct a program of not less than $2,500,000 for high 
priority projects within the scope of the approved budget 
which shall be carried out by the Youth Conservation Corps. 
Of the funds available to the Forest Service, $2,500 is 
available to the Chief of the Forest Service for official recep-
tion and representation expenses. 
Pursuant to sections 405(b) and 410(b) of Public Law 
101–593, of the funds available to the Forest Service, 
$3,300,000 may be advanced in a lump sum to the National 
Forest Foundation to aid conservation partnership projects 
in support of the Forest Service mission, without regard 
to when the Foundation incurs expenses, for administrative
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expenses or projects on or benefitting National Forest Sys-
tem lands or related to Forest Service programs: Provided, 
That of the Federal funds made available to the Founda-
tion, no more than $350,000 shall be available for adminis-
trative expenses: Provided further, That the Foundation 
shall obtain, by the end of the period of Federal financial 
assistance, private contributions to match on at least one- 
for-one basis funds made available by the Forest Service: 
Provided further, That the Foundation may transfer Fed-
eral funds to a non-Federal recipient for a project at the 
same rate that the recipient has obtained the non-Federal 
matching funds: Provided further, That authorized invest-
ments of Federal funds held by the Foundation may be 
made only in interest-bearing obligations of the United 
States or in obligations guaranteed as to both principal and 
interest by the United States. 
Pursuant to section 2(b)(2) of Public Law 98–244, 
$2,650,000 of the funds available to the Forest Service shall 
be available for matching funds to the National Fish and 
Wildlife Foundation, as authorized by 16 U.S.C. 3701– 
3709, and may be advanced in a lump sum to aid conserva-
tion partnership projects in support of the Forest Service 
mission, without regard to when expenses are incurred, for 
projects on or benefitting National Forest System lands or 
related to Forest Service programs: Provided, That the
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Foundation shall obtain, by the end of the period of Federal 
financial assistance, private contributions to match on at 
least one-for-one basis funds advanced by the Forest Service: 
Provided further, That the Foundation may transfer Fed-
eral funds to a non-Federal recipient for a project at the 
same rate that the recipient has obtained the non-Federal 
matching funds. 
Funds appropriated to the Forest Service shall be 
available for interactions with and providing technical as-
sistance to rural communities for sustainable rural develop-
ment purposes. 
Funds appropriated to the Forest Service shall be 
available for payments to counties within the Columbia 
River Gorge National Scenic Area, pursuant to sections 
14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 
663. 
Notwithstanding any other provision of law, any ap-
propriations or funds available to the Forest Service not 
to exceed $500,000 may be used to reimburse the Office of 
the General Counsel (OGC), Department of Agriculture, for 
travel and related expenses incurred as a result of OGC as-
sistance or participation requested by the Forest Service at 
meetings, training sessions, management reviews, land pur-
chase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service
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and the Department of Agriculture should clearly display 
the sums previously transferred and the requested funding 
transfers. 
Any appropriations or funds available to the Forest 
Service may be used for necessary expenses in the event of 
law enforcement emergencies as necessary to protect natural 
resources and public or employee safety: Provided, That 
such amounts shall not exceed $1,000,000. 
An eligible individual who is employed in any project 
funded under title V of the Older American Act of 1965 
(42 U.S.C. 3056 et seq.) and administered by the Forest 
Service shall be considered to be a Federal employee for pur-
poses of chapter 171 of title 28, United States Code. 
Any funds appropriated to the Forest Service may be 
used to meet the non-Federal share requirement in section 
502(c) of the Older American Act of 1965 (42 U.S.C. 
3056(c)(2)). 
Funds available to the Forest Service in this Act may 
be used for the purpose of expenses associated with primary 
and secondary schooling for dependents of agency personnel 
stationed in Puerto Rico prior to the date of enactment of 
this Act, who are subject to transfer and reassignment to 
other locations in the United States, at a cost not in excess 
of those authorized for the Department of Defense for the 
same area, when it is determined by the Chief of the Forest
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Service that public schools available in the locality are un-
able to provide adequately for the education of such depend-
ents. 
In support of management of the National Wildlife 
Refuge System, Lot 6C of United States Survey 2538–A, 
containing 2.39 acres and the residential triplex situated 
thereon, located in Kodiak, Alaska, is hereby transferred 
from the USDA Forest Service to the U.S. Fish and Wildlife 
Service. 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of August 
5, 1954 (68 Stat. 674), the Indian Self-Determination Act, 
the Indian Health Care Improvement Act, and titles II and 
III of the Public Health Service Act with respect to the In-
dian Health Service, $2,732,323,000, together with pay-
ments received during the fiscal year pursuant to 42 U.S.C. 
238(b) for services furnished by the Indian Health Service: 
Provided, That funds made available to tribes and tribal 
organizations through contracts, grant agreements, or any 
other agreements or compacts authorized by the Indian Self- 
Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), shall be deemed to be obligated at the time
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of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal 
year limitation: Provided further, That up to $18,000,000 
shall remain available until expended, for the Indian Cata-
strophic Health Emergency Fund: Provided further, That 
$507,021,000 for contract medical care shall remain avail-
able for obligation until September 30, 2007: Provided fur-
ther, That of the funds provided, up to $27,000,000, to re-
main available until expended, shall be used to carry out 
the loan repayment program under section 108 of the In-
dian Health Care Improvement Act: Provided further, That 
funds provided in this Act may be used for one-year con-
tracts and grants which are to be performed in two fiscal 
years, so long as the total obligation is recorded in the year 
for which the funds are appropriated: Provided further, 
That the amounts collected by the Secretary of Health and 
Human Services under the authority of title IV of the In-
dian Health Care Improvement Act shall remain available 
until expended for the purpose of achieving compliance with 
the applicable conditions and requirements of titles XVIII 
and XIX of the Social Security Act (exclusive of planning, 
design, or construction of new facilities): Provided further, 
That funding contained herein, and in any earlier appro-
priations Acts for scholarship programs under the Indian 
Health Care Improvement Act (25 U.S.C. 1613) shall re-
221 
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main available until expended: Provided further, That 
amounts received by tribes and tribal organizations under 
title IV of the Indian Health Care Improvement Act shall 
be reported and accounted for and available to the receiving 
tribes and tribal organizations until expended: Provided 
further, That, notwithstanding any other provision of law, 
of the amounts provided herein, not to exceed $268,683,000 
shall be for payments to tribes and tribal organizations for 
contract or grant support costs associated with contracts, 
grants, self-governance compacts or annual funding agree-
ments between the Indian Health Service and a tribe or 
tribal organization pursuant to the Indian Self-Determina-
tion Act of 1975, as amended, prior to or during fiscal year 
2006, of which not to exceed $5,000,000 may be used for 
contract support costs associated with new or expanded self- 
determination contracts, grants, self-governance compacts 
or annual funding agreements: Provided further, That the 
Bureau of Indian Affairs may collect from the Indian 
Health Service and tribes and tribal organizations oper-
ating health facilities pursuant to Public Law 93–638 such 
individually identifiable health information relating to dis-
abled children as may be necessary for the purpose of car-
rying out its functions under the Individuals with Dis-
ability Education Act, 20 U.S.C. 1400, et seq.: Provided 
further, That of the amounts provided to the Indian Health
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Service, $15,000,000 is provided for alcohol control, enforce-
ment, prevention, treatment, sobriety and wellness, and 
education in Alaska, to be distributed in accordance with 
the instruction provided in the committee report accom-
panying this Act: Provided further, That none of the funds 
may be used for tribal courts or tribal ordinance programs 
or any program that is not directly related to alcohol con-
trol, enforcement, prevention, treatment, or sobriety: Pro-
vided further, That no more than 15 percent may be used 
by any entity receiving funding for administrative overhead 
including indirect costs. 
INDIAN HEALTH FACILITIES 
For construction, repair, maintenance, improvement, 
and equipment of health and related auxiliary facilities, in-
cluding quarters for personnel; preparation of plans, speci-
fications, and drawings; acquisition of sites, purchase and 
erection of modular buildings, and purchases of trailers; 
and for provision of domestic and community sanitation 
facilities for Indians, as authorized by section 7 of the Act 
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Deter-
mination Act, and the Indian Health Care Improvement 
Act, and for expenses necessary to carry out such Acts and 
titles II and III of the Public Health Service Act with re-
spect to environmental health and facilities support activi-
ties of the Indian Health Service, $335,643,000, to remain 
available until expended: Provided, That notwithstanding
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any other provision of law, funds appropriated for the plan-
ning, design, construction or renovation of health facilities 
for the benefit of an Indian tribe or tribes may be used 
to purchase land for sites to construct, improve, or enlarge 
health or related facilities: Provided further, That not to 
exceed $500,000 shall be used by the Indian Health Service 
to purchase TRANSAM equipment from the Department of 
Defense for distribution to the Indian Health Service and 
tribal facilities: Provided further, That none of the funds 
appropriated to the Indian Health Service may be used for 
sanitation facilities construction for new homes funded with 
grants by the housing programs of the United States De-
partment of Housing and Urban Development: Provided 
further, That not to exceed $1,000,000 from this account 
and the ‘‘Indian Health Services’’ account shall be used by 
the Indian Health Service to obtain ambulances for the In-
dian Health Service and tribal facilities in conjunction 
with an existing interagency agreement between the Indian 
Health Service and the General Services Administration: 
Provided further, That notwithstanding any other provision 
of law, the Indian Health Service is authorized to construct 
a replacement health care facility in Nome, Alaska, on land 
owned by the Norton Sound Health Corporation: Provided 
further, That not to exceed $500,000 shall be placed in a 
Demolition Fund, available until expended, to be used by
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the Indian Health Service for demolition of Federal build-
ings. 
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE 
Appropriations in this Act to the Indian Health Serv-
ice shall be available for services as authorized by 5 U.S.C. 
3109 but at rates not to exceed the per diem rate equivalent 
to the maximum rate payable for senior-level positions 
under 5 U.S.C. 5376; hire of passenger motor vehicles and 
aircraft; purchase of medical equipment; purchase of re-
prints; purchase, renovation and erection of modular build-
ings and renovation of existing facilities; payments for tele-
phone service in private residences in the field, when au-
thorized under regulations approved by the Secretary; and 
for uniforms or allowances therefor as authorized by 5 
U.S.C. 5901–5902; and for expenses of attendance at meet-
ings which are concerned with the functions or activities 
for which the appropriation is made or which will con-
tribute to improved conduct, supervision, or management 
of those functions or activities. 
In accordance with the provisions of the Indian Health 
Care Improvement Act, non-Indian patients may be ex-
tended health care at all tribally administered or Indian 
Health Service facilities, subject to charges, and the pro-
ceeds along with funds recovered under the Federal Medical 
Care Recovery Act (42 U.S.C. 2651–2653) shall be credited 
to the account of the facility providing the service and shall
225 
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be available without fiscal year limitation. Notwith-
standing any other law or regulation, funds transferred 
from the Department of Housing and Urban Development 
to the Indian Health Service shall be administered under 
Public Law 86–121 (the Indian Sanitation Facilities Act) 
and Public Law 93–638, as amended. 
Funds appropriated to the Indian Health Service in 
this Act, except those used for administrative and program 
direction purposes, shall not be subject to limitations di-
rected at curtailing Federal travel and transportation. 
None of the funds made available to the Indian Health 
Service in this Act shall be used for any assessments or 
charges by the Department of Health and Human Services 
unless identified in the budget justification and provided 
in this Act, or approved by the House and Senate Commit-
tees on Appropriations through the reprogramming process. 
Personnel ceilings may not be imposed on the Indian 
Health Service nor may any action be taken to reduce the 
full time equivalent level of the Indian Health Service below 
the level in fiscal year 2002 adjusted upward for the staffing 
of new and expanded facilities, funding provided for staff-
ing at the Lawton, Oklahoma hospital in fiscal years 2003 
and 2004, critical positions not filled in fiscal year 2002, 
and staffing necessary to carry out the intent of Congress 
with regard to program increases.
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Notwithstanding any other provision of law, funds 
previously or herein made available to a tribe or tribal or-
ganization through a contract, grant, or agreement author-
ized by title I or title V of the Indian Self-Determination 
and Education Assistance Act of 1975 (25 U.S.C. 450), may 
be deobligated and reobligated to a self-determination con-
tract under title I, or a self-governance agreement under 
title V of such Act and thereafter shall remain available 
to the tribe or tribal organization without fiscal year limi-
tation. 
None of the funds made available to the Indian Health 
Service in this Act shall be used to implement the final rule 
published in the Federal Register on September 16, 1987, 
by the Department of Health and Human Services, relating 
to the eligibility for the health care services of the Indian 
Health Service until the Indian Health Service has sub-
mitted a budget request reflecting the increased costs associ-
ated with the proposed final rule, and such request has been 
included in an appropriations Act and enacted into law. 
With respect to functions transferred by the Indian 
Health Service to tribes or tribal organizations, the Indian 
Health Service is authorized to provide goods and services 
to those entities, on a reimbursable basis, including pay-
ment in advance with subsequent adjustment. The reim-
bursements received therefrom, along with the funds received
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from those entities pursuant to the Indian Self-Determina-
tion Act, may be credited to the same or subsequent appro-
priation account which provided the funding. Such 
amounts shall remain available until expended. 
Reimbursements for training, technical assistance, or 
services provided by the Indian Health Service will contain 
total costs, including direct, administrative, and overhead 
associated with the provision of goods, services, or technical 
assistance. 
The appropriation structure for the Indian Health 
Service may not be altered without advance notification to 
the House and Senate Committees on Appropriations. 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH 
SCIENCES 
For necessary expenses for the National Institute of 
Environmental Health Sciences in carrying out activities 
set forth in section 311(a) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980, 
as amended, and section 126(g) of the Superfund Amend-
ments and Reauthorization Act of 1986, $80,289,000. 
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY 
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH 
For necessary expenses for the Agency for Toxic Sub-
stances and Disease Registry (ATSDR) in carrying out ac-
228 
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tivities set forth in sections 104(i), 111(c)(4), and 
111(c)(14) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA), as 
amended; section 118(f) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA), as amended; and sec-
tion 3019 of the Solid Waste Disposal Act, as amended, 
$76,024,000, of which up to $1,500,000, to remain available 
until expended, is for Individual Learning Accounts for 
full-time equivalent employees of the Agency for Toxic Sub-
stances and Disease Registry: Provided, That notwith-
standing any other provision of law, in lieu of performing 
a health assessment under section 104(i)(6) of CERCLA, 
the Administrator of ATSDR may conduct other appro-
priate health studies, evaluations, or activities, including, 
without limitation, biomedical testing, clinical evaluations, 
medical monitoring, and referral to accredited health care 
providers: Provided further, That in performing any such 
health assessment or health study, evaluation, or activity, 
the Administrator of ATSDR shall not be bound by the 
deadlines in section 104(i)(6)(A) of CERCLA: Provided fur-
ther, That none of the funds appropriated under this head-
ing shall be available for ATSDR to issue in excess of 40 
toxicological profiles pursuant to section 104(i) of CERCLA 
during fiscal year 2006, and existing profiles may be up-
dated as necessary.
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OTHER RELATED AGENCIES 
EXECUTIVE OFFICE OF THE PRESIDENT 
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF 
ENVIRONMENTAL QUALITY 
For necessary expenses to continue functions assigned 
to the Council on Environmental Quality and Office of En-
vironmental Quality pursuant to the National Environ-
mental Policy Act of 1969, the Environmental Quality Im-
provement Act of 1970, and Reorganization Plan No. 1 of 
1977, and not to exceed $750 for official reception and rep-
resentation expenses, $2,717,000: Provided, That notwith-
standing section 202 of the National Environmental Policy 
Act of 1970, the Council shall consist of one member, ap-
pointed by the President, by and with the advice and con-
sent of the Senate, serving as chairman and exercising all 
powers, functions, and duties of the Council. 
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses in carrying out activities pur-
suant to section 112(r)(6) of the Clean Air Act, as amended, 
including hire of passenger vehicles, uniforms or allowances 
therefor, as authorized by 5 U.S.C. 5901–5902, and for serv-
ices authorized by 5 U.S.C. 3109 but at rates for individ-
uals not to exceed the per diem equivalent to the maximum 
rate payable for senior level positions under 5 U.S.C. 5376,
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$9,200,000: Provided, That the Chemical Safety and Haz-
ard Investigation Board (Board) shall have not more than 
three career Senior Executive Service positions: Provided 
further, That notwithstanding any other provision of law, 
the individual appointed to the position of Inspector Gen-
eral of the Environmental Protection Agency (EPA) shall, 
by virtue of such appointment, also hold the position of In-
spector General of the Board: Provided further, That not-
withstanding any other provision of law, the Inspector Gen-
eral of the Board shall utilize personnel of the Office of In-
spector General of EPA in performing the duties of the In-
spector General of the Board, and shall not appoint any 
individuals to positions within the Board. 
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Navajo and 
Hopi Indian Relocation as authorized by Public Law 93– 
531, $8,601,000, to remain available until expended: Pro-
vided, That funds provided in this or any other appropria-
tions Act are to be used to relocate eligible individuals and 
groups including evictees from District 6, Hopi-partitioned 
lands residents, those in significantly substandard housing, 
and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the 
funds contained in this or any other Act may be used by
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the Office of Navajo and Hopi Indian Relocation to evict 
any single Navajo or Navajo family who, as of November 
30, 1985, was physically domiciled on the lands partitioned 
to the Hopi Tribe unless a new or replacement home is pro-
vided for such household: Provided further, That no 
relocatee will be provided with more than one new or re-
placement home: Provided further, That the Office shall re-
locate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation 
or selected a replacement residence off the Navajo reserva-
tion or on the land acquired pursuant to 25 U.S.C. 640d– 
10. 
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE 
CULTURE AND ARTS DEVELOPMENT 
PAYMENT TO THE INSTITUTE 
For payment to the Institute of American Indian and 
Alaska Native Culture and Arts Development, as authorized 
by title XV of Public Law 99–498, as amended (20 U.S.C. 
56 part A), $6,300,000. 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institution, 
as authorized by law, including research in the fields of art, 
science, and history; development, preservation, and docu-
mentation of the National Collections; presentation of pub-
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lic exhibits and performances; collection, preparation, dis-
semination, and exchange of information and publications; 
conduct of education, training, and museum assistance pro-
grams; maintenance, alteration, operation, lease (for terms 
not to exceed 30 years), and protection of buildings, facili-
ties, and approaches; not to exceed $100,000 for services as 
authorized by 5 U.S.C. 3109; up to five replacement pas-
senger vehicles; purchase, rental, repair, and cleaning of 
uniforms for employees, $524,135,000, of which not to ex-
ceed $10,992,000 for the instrumentation program, collec-
tions acquisition, exhibition reinstallation, the National 
Museum of African American History and Culture, and the 
repatriation of skeletal remains program shall remain 
available until expended; and of which $9,086,000 for the 
reopening of the Patent Office Building and for fellowships 
and scholarly awards shall remain available until Sep-
tember 30, 2007; and including such funds as may be nec-
essary to support American overseas research centers and 
a total of $125,000 for the Council of American Overseas 
Research Centers: Provided, That funds appropriated here-
in are available for advance payments to independent con-
tractors performing research services or participating in of-
ficial Smithsonian presentations: Provided further, That 
the Smithsonian Institution may expend Federal appro-
priations designated in this Act for lease or rent payments
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for long term and swing space, as rent payable to the 
Smithsonian Institution, and such rent payments may be 
deposited into the general trust funds of the Institution to 
the extent that federally supported activities are housed in 
the 900 H Street, N.W. building in the District of Colum-
bia: Provided further, That this use of Federal appropria-
tions shall not be construed as debt service, a Federal guar-
antee of, a transfer of risk to, or an obligation of, the Fed-
eral Government: Provided further, That no appropriated 
funds may be used to service debt which is incurred to fi-
nance the costs of acquiring the 900 H Street building or 
of planning, designing, and constructing improvements to 
such building. 
FACILITIES CAPITAL 
For necessary expenses of repair, revitalization, and 
alteration of facilities owned or occupied by the Smithso-
nian Institution, by contract or otherwise, as authorized by 
section 2 of the Act of August 22, 1949 (63 Stat. 623), and 
for 
construction, 
including 
necessary 
personnel, 
$100,000,000, to remain available until expended, of which 
not to exceed $10,000 is for services as authorized by 5 
U.S.C. 3109: Provided, That contracts awarded for environ-
mental systems, protection systems, and repair or restora-
tion of facilities of the Smithsonian Institution may be ne-
gotiated with selected contractors and awarded on the basis 
of contractor qualifications as well as price.
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NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gallery 
of Art, the protection and care of the works of art therein, 
and administrative expenses incident thereto, as authorized 
by the Act of March 24, 1937 (50 Stat. 51), as amended 
by the public resolution of April 13, 1939 (Public Resolu-
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-
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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 
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.
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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. 
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
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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. 
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
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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 
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.
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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. 
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
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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 
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
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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 
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
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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-
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
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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. 
(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
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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 
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
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(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 
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.
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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. 
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,
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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-
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
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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. 
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-
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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. 
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
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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. 
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
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procurement and contracting laws the Secretaries may 
award contracts, grants or cooperative agreements to local 
non-profit entities, Youth Conservation Corps or related 
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
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to the State of Florida to acquire lands for Everglades res-
toration purposes. 
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
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competition or on converting the Federal Government em-
ployees or the work performed by such employees to private 
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.
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(e) In carrying out any competitive sourcing study in-
volving Forest Service employees, the Secretary of Agri-
culture shall— 
(1) determine whether any of the employees con-
cerned are also qualified to participate in wildland 
fire management activities; and 
(2) take into consideration the effect that con-
tracting with a private sector source would have on 
the ability of the Forest Service to effectively and effi-
ciently fight and manage wildfires. 
SEC. 422. None of the funds in this Act or prior Acts 
making appropriations for the Department of the Interior 
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.
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(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— 
(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—
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(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-
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—
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(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-
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
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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. 
SEC. 429. None of the funds made available to the For-
est Service under this Act shall be expended or obligated 
for the demolition of buildings at the Zephyr Shoals prop-
erty, Lake Tahoe, Nevada. 
SEC. 430. Section 114 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 2003 (16 
U.S.C. 460bb–3; Public Law 108–7), is amended— 
(1) in the second sentence, by inserting ‘‘, includ-
ing utility expenses of the National Park Service or
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lessees of the National Park Service’’ after ‘‘Fort 
Baker properties’’; and 
(2) by inserting between the first and second sen-
tences the following: ‘‘In furtherance of a lease entered 
into under the first sentence, the Secretary of the Inte-
rior or a lessee may impose fees on overnight lodgers 
at Fort Baker properties.’’. 
SEC. 431. (a) Section 813(a) of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6812(a)) is 
amended by striking ‘‘and (i)’’ and inserting ‘‘and (i) (ex-
cept for paragraph (1)(C))’’. 
(b) Section 4(i)(1)(C)(i) of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(C)(i)) 
is amended— 
(1) by striking ‘‘Notwithstanding subparagraph 
(A)’’ and all that follows through ‘‘or section 107’’ 
and inserting ‘‘Notwithstanding section 107’’; and 
(2) by striking ‘‘account under subparagraph 
(A)’’ and inserting ‘‘account under section 807(a) of 
the Federal Lands Recreation Enhancement Act (16 
U.S.C. 6806(a))’’. 
(c) Except as provided in this section, section 
4(i)(1)(C) of the Land and Water Conservation Fund Act 
of 1965 (16 U.S.C. 460l-6a(i)(1)(C)) shall be applied and 
administered as if section 813(a) of the Federal Lands
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Recreation Enhancement Act (16 U.S.C. 6812(a)) (and the 
amendments made by that section) had not been enacted. 
(d) This section and the amendments made by this sec-
tion take effect on December 8, 2004. 
SEC. 432. Section 323(a) of the Department of the In-
terior and Related Agencies Appropriations Act, 1999 (16 
U.S.C. 1011 note; Public Law 105–277), is amended by 
striking ‘‘fiscal year 1999’’ and all that follows through 
‘‘2005’’ and inserting ‘‘for each of fiscal years 2006 through 
2015’’. 
SEC. 433. CONGRESSIONAL SECURITY RELATING TO 
CERTAIN REAL PROPERTY. (a) IN GENERAL.—Except as 
provided under subsection (b)— 
(1) the District of Columbia Board of Zoning 
Adjustments and the District of Columbia Zoning 
Commission may not take any action to grant any 
variance relating to the property located at 51 Lou-
isiana Avenue NW, Square 631, Lot 17 in the Dis-
trict of Columbia; and 
(2) if any variance described under paragraph 
(1) is granted before the effective date of this section, 
such variance shall be set aside and shall have no 
force or effect.
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(b) CONDITIONS FOR VARIANCE.—A variance described 
under subsection (a) may be granted or shall be given force 
or effect if— 
(1) the Capitol Police Board makes a determina-
tion that any such variance shall not— 
(A) negatively impact congressional secu-
rity; and 
(B) increase Federal expenditures relating 
to congressional security; 
(2) the Majority and Minority Leaders of the 
Senate and the Speaker and Minority Leader of the 
House of Representatives approve such determination; 
and 
(3) the Capitol Police Board certifies the deter-
mination in writing to the District of Columbia 
Board of Zoning Adjustments and the District of Co-
lumbia Zoning Commission. 
(c) EFFECTIVE DATE.—This section shall take effect 
on the date of enactment of this Act and apply to the re-
maining portion of the fiscal year in which enacted and 
each fiscal year thereafter. 
SEC. 434. BISCUIT FIRE RECOVERY PROJECT, RE-
PORT. (a) Within 90 days of enactment of this Act, the Sec-
retary of Agriculture shall submit to Congress a report re-
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garding the rehabilitation of the Biscuit Fire area in south-
ern Oregon, including: 
(1) the change in reforestation capabilities and 
costs between the date of the containment of the Bis-
cuit Fire and the completion of the Biscuit Fire Re-
covery Project, as detailed in the Record of Decision; 
(2) the commercial value lost, as well as recov-
ered, of fire-killed timber within the Biscuit Fire 
area; and 
(3) all actions included in the Record of Decision 
for the Biscuit Fire Recovery Project, but forgone be-
cause of delay or funding shortfall. 
SEC. 435. 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 ad-
dress environmental justice in minority populations and 
low-income populations). 
SEC. 436. 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. 
SEC. 437. (a) FINDINGS.—The Senate makes the fol-
lowing findings:
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(1) The on-budget deficit for fiscal year 2005 is 
estimated to be $541,000,000,000 according to the 
Congressional Budget Office. 
(2) Total publicly-held Federal debt on which the 
American taxpayer pays interest is expected to reach 
$6,000,000,000,000 by 2011 according to the Congres-
sional Budget Office. 
(3) The United States and its allies are cur-
rently engaged in a global war on terrorism. 
(b) SENSE OF THE SENATE.— It is the sense of the 
Senate that: 
(1) The servicemen and women of the United 
States Armed Forces deserve the full support of the 
Senate as they seek to preserve the safety and security 
of the American people. 
(2) Activities relating to the defense of the 
United States and the global war on terror should be 
fully funded. 
(3) Activities relating to the defense of the 
United States and the global war on terror should not 
be underfunded in order to support increased Federal 
spending on non-defense discretionary activities. 
SEC. 438. Section 5(c) of the National Trails System 
Act (16 U.S.C. 1244(c)) is amended by adding at the end 
the following:
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‘‘(43)(A) The Captain John Smith Chesapeake Na-
tional Historic Watertrail, a series of routes extending ap-
proximately 3000 miles along the Chesapeake Bay and the 
tributaries of the Chesapeake Bay in the States of Virginia, 
Maryland, Pennsylvania, and Delaware and the District 
of Columbia that traces Captain John Smith’s voyages 
charting the land and waterways of the Chesapeake Bay 
and the tributaries of the Chesapeake Bay. 
‘‘(B) The study shall be conducted in consultation with 
Federal, State, regional, and local agencies and representa-
tives of the private sector, including the entities responsible 
for administering— 
‘‘(i) 
the 
Chesapeake 
Bay 
Gateways 
and 
Watertrails Network authorized under the Chesapeake 
Bay Initiative Act of 1998 (16 U.S.C. 461 note; Pub-
lic Law 105–312); and 
‘‘(ii) the Chesapeake Bay Program authorized 
under section 117 of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1267).’’. 
SEC. 439. (a) From the money in the Treasury not 
otherwise obligated or appropriated, there are appropriated 
to the Department of Veterans Affairs $1,500,000,000 for 
the fiscal year ending September 30, 2005, for medical serv-
ices provided by the Veterans Health Administration, which 
shall be available until expended.
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(b) The amount appropriated under subsection (a)— 
(1) is designated as an emergency requirement 
pursuant to section 402 of H. Con. Res. 95 (109th 
Congress); and 
(2) shall remain available until expended. 
(c) This section shall take effect on the date of enact-
ment of this Act. 
TITLE V—FACILITY REALIGNMENT AND 
ENHANCEMENT ACT OF 2005 
SEC. 501. SHORT TITLE. This title may be cited as 
the ‘‘Forest Service 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— 
(i) any facility or improvement, in-
cluding curtilage that was acquired or is 
used specifically for purposes of administra-
tion of the National Forest System; and 
(ii) any associated Federal land nec-
essary to include for efficient administra-
tion of the National Forest System that was 
acquired or is utilized specifically for pur-
poses of administration of Forest Service
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activities and underlies or abuts an admin-
istrative facility, improvement, or curtilage; 
or 
(iii) up to 10 isolated parcels of not 
more than 80 acres which were acquired for 
administrative purposes but have not been 
utilized, such as vacant town lots outside of 
a National Forest proclaimed boundary. 
(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; 
(x) a guard station; 
(xi) a storage facility; 
(xii) a telecommunication facility; and 
(xiii) other administrative installa-
tions for conducting Forest Service activi-
ties.
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(C) EXCLUSIONS.—Federal land to be con-
veyed under this Act shall not include— 
(i) any area within a unit of the Na-
tional Forest System specifically designated 
for resource protection, conservation, or rec-
reational purposes, including land within 
the National Wilderness Preservation Sys-
tem, the Wild and Scenic River System, 
and National Monuments; or 
(ii) land that is needed for resource 
management purposes or that would be in 
the public interest to retain. 
(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the General Serv-
ices Administration. 
(3) 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. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
SEC. 503. AUTHORIZATION OF CONVEYANCES. (a) IN 
GENERAL.—For fiscal years 2006–2009, the Secretary may 
convey, by sale, lease, exchange, a combination of sales and
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exchanges, or by other means, any administrative site or 
interest in an administrative site that is— 
(1) except for those administrative sites described 
in section 502(1)(A)(iii), less than 40 acres for each 
administrative site or compound of administrative 
sites; and 
(2) under the jurisdiction of the Secretary. 
(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,
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State, and local laws relating to the management 
of the lead-based paint or asbestos-containing 
materials. 
(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 
and the Committee on Resources of the House of Representa-
tives and the Committee on Appropriations and the Com-
mittee on Energy and Natural Resources of the Senate no-
tice 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 only consider or analyze the most reason-
ably foreseeable use of the administrative site as determined 
through a market analysis and whether to reserve any right, 
title, or interest in the administrative site under subsection 
(f)(3). 
(f) CONFIGURATION OF LAND.— 
(1) IN
GENERAL.—To facilitate a conveyance 
under this section, the Secretary may configure the 
administrative site to be conveyed to—
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(A) maximize the marketability of the ad-
ministrative site; and 
(B) achieve management objectives. 
(2) IMPROVEMENTS.—Improvements to the ad-
ministrative site to be conveyed may be severed from 
the land and disposed of in separate conveyances. 
(3) RESERVATION.—In any disposition of an ad-
ministrative site under this section, the Secretary 
may reserve any right, title, and interest in and to 
the administrative site that the Secretary determines 
to be necessary, including— 
(A) a reservation 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; or 
(B) competitive sale. 
(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 adminis-
trative site 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; 
(II) the purchaser making a cash 
equalization payment to the Secretary; 
or
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(III) reducing the value of the ad-
ministrative site or the non-Federal 
land or improvements, as appropriate. 
(h) REJECTION OF OFFERS.—The Secretary shall 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-
pended, without further appropriation, to pay any 
necessary and incidental costs of the Secretary for the 
acquisition, improvement, deferred maintenance, con-
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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 GEN-
ERAL.—Section 13 of the Department of Agriculture Or-
ganic 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. 
‘‘(c) TRANSFER AND CAPITALIZATION.—The Secretary 
of Agriculture (referred to in this section as the ‘Secretary’) 
may—
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‘‘(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. 
Passed the House of Representatives May 19, 2005. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
Passed the Senate June 29, 2005. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.