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Provided further, That the terms ‘‘rural community’’ and
‘‘economically disadvantaged’’ shall have the same mean-
ings as in section 2374 of Public Law 101–624: Provided
further, That the Secretaries shall develop guidance to im-
plement 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. 421. 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
condemnation without the approval of the House and Sen-
ate Committees on Appropriations: Provided, That this
provision shall not apply to funds appropriated to imple-
ment the Everglades National Park Protection and Ex-
pansion Act of 1989, or to funds appropriated for Federal
assistance to the State of Florida to acquire lands for Ev-
erglades restoration purposes.
SEC. 422. (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 fis-
cal 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
123
2006 for programs, projects, and activities for which
funds are appropriated by this Act and such funds
shall not be available until the Secretary submits a
reprogramming proposal to the Committees on Ap-
propriations of the Senate and the House of Rep-
resentatives, and such proposal has been processed
consistent with the reprogramming guidelines in
House Report 108–330.
(2) Of the funds appropriated by this Act, not
more than $2,500,000 may be used in fiscal year
2006 for competitive sourcing studies and related
activities by the Forest Service.
(b) COMPETITIVE SOURCING STUDY DEFINED.—In
this section, the term ‘‘competitive sourcing study’’ means
a study on subjecting work performed by Federal Govern-
ment employees or private contractors to public-private
competition or on converting the Federal Government em-
ployees or the work performed by such employees to pri-
vate contractor performance under the Office of Manage-
ment and Budget Circular A–76 or any other administra-
tive regulation, directive, or policy.
(c) COMPETITIVE SOURCING EXEMPTION FOR FOR-
EST SERVICE STUDIES CONDUCTED PRIOR TO FISCAL
YEAR 2006.—The Forest Service is hereby exempted from
implementing the Letter of Obligation and post-competi-
124
tion accountability guidelines where a competitive sourcing
study involved 65 or fewer full-time equivalents, the per-
formance decision was made in favor of the agency pro-
vider; no net savings was achieved by conducting the
study, and the study was completed prior to the date of
this Act.
SEC. 423. Estimated overhead charges, deductions,
reserves or holdbacks from programs, projects and activi-
ties to support governmentwide, departmental, agency or
bureau administrative functions or headquarters, regional
or central office operations shall be presented in annual
budget justifications. Changes to such estimates shall be
presented to the Committees on Appropriations for ap-
proval.
SEC. 424. 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. 425. (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:
125
(1) a contact center located outside the United
States; or
(2) a reservation agent who does not live in the
United States.
(b) NO WAIVER.—The Secretary of Agriculture may
not waive the requirements of subsection (a).
(c) TELECOMMUTING.—A reservation agent who is
carrying out duties under the contract described in sub-
section (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. 426. Section 331, of Public Law 106–113, is
amended—
(1) in part (a) by striking ‘‘2005’’ and inserting
‘‘2009’’; and
(2) in part (b) by striking ‘‘2005’’ and inserting
‘‘2009’’.
SEC. 427. Section 330 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 2001 (Pub-
lic Law 106–291; 114 Stat. 996; 43 U.S.C. 1701 note),
is amended—
126
(1) in the first sentence, by striking ‘‘2005’’
and inserting ‘‘2008’’;
(2) in the third sentence, by inserting ‘‘, Na-
tional Park Service, Fish and Wildlife Service,’’
after ‘‘Bureau of Land Management’’; and
(3) by adding at the end the following new sen-
tence: ‘‘To facilitate the sharing of resources under
the Service First initiative, the Secretaries of the In-
terior and Agriculture may make transfers of funds
and reimbursement of funds on an annual basis
among the land management agencies referred to in
this section, except that this authority may not be
used to circumvent requirements and limitations im-
posed on the use of funds.’’.
SEC. 428. The Secretary of Agriculture may acquire,
by exchange or otherwise, a parcel of real property, includ-
ing improvements thereon, of the Inland Valley Develop-
ment Agency of San Bernardino, California, or its succes-
sors and assigns, generally comprising Building No. 3 and
Building No. 4 of the former Defense Finance and Ac-
counting Services complex located at the southwest corner
of Tippecanoe Avenue and Mill Street in San Bernardino,
California, adjacent to the former Norton Air Force Base.
As full consideration for the property to be acquired, the
Secretary of Agriculture may terminate the leasehold
127
rights of the United States received pursuant to section
8121(a)(2) of the Department of Defense Appropriations
Act, 2005 (Public Law 108–287; 118 Stat. 999). The ac-
quisition of the property shall be on such terms and condi-
tions as the Secretary of Agriculture considers appropriate
and may be carried out without appraisals, environmental
or administrative surveys, consultations, analyses, or other
considerations of the condition of the property.
SEC. 429. The Secretary of the Interior shall submit
to the House Committee on Appropriations a report detail-
ing the Federal expenditures pursuant to the Southern
Nevada Public Lands Management Act (section 4(e)(3) of
Public Law 105–263) for fiscal years 2003 and 2004.
SEC. 430. None of the funds in this Act may be used
to prepare or issue a permit or lease for oil or gas drilling
in the Finger Lakes National Forest, New York, during
fiscal year 2006.
SEC. 431. None of the funds made available in this
Act for the Department of the Interior may be used to
implement the first proviso under the heading ‘‘UNITED
STATES FISH AND WILDLIFE SERVICE-LAND ACQUISI-
TION’’.
SEC. 432. None of the funds made available in this
Act may be used in contravention of Executive Order No.
12898 (Federal Actions to Address Environmental Justice
128
in Minority Populations and Low-Income Populations) or
to delay the implementation of that order.
SEC. 433. None of the funds made available in this
Act may be used to finalize, issue, implement, or enforce
the proposed policy of the Environmental Protection Agen-
cy entitled ‘‘National Pollutant Discharge Elimination
System (NPDES) Permit Requirements for Municipal
Wastewater Treatment During Wet Weather Conditions’’,
dated November 3, 2003 (68 Fed. Reg. 63042).
SEC. 434. None of the funds made available in this
Act may be used by the Administrator of the Environ-
mental Protection Agency—
(1) to accept, consider, or rely on third-party
intentional dosing human studies for pesticides; or
(2) to conduct intentional dosing human studies
for pesticides.
SEC. 435. None of the funds made available in this
Act may be used to send or otherwise pay for the attend-
ance of more than 50 Federal employees at any single con-
ference occurring outside the United States.
SEC. 436. None of the funds made available in this
Act for the Department of the Interior may be used to
enter into or renew any concession contract except a con-
cession contract that includes a provision that requires
that merchandise for sale at units of the National Park
129
System be made in any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
Guam, the Virgin Islands, American Samoa, or the Com-
monwealth of the Northern Mariana Islands.
SEC. 437. LIMITATION ON USE OF FUNDS FOR SALE OR
SLAUGHTER OF FREE-ROAMING HORSES AND
BURROS.
None of the funds made available by this Act may
be used for the sale or slaughter of wild free-roaming
horses and burros (as defined in Public Law 92–195).
This Act may be cited as the ‘‘Department of the In-
terior, Environment, and Related Agencies Appropriations
Act, 2006’’.
Passed the House of Representatives May 19, 2005.
Attest:
Clerk.
109TH CONGRESS
1ST SESSION
H. R. 2361
AN ACT
Making appropriations for the Department of the
Interior, environment, and related agencies for
the fiscal year ending September 30, 2006, and
for other purposes.