H. R. 2361—30
BUILDINGS AND FACILITIES 
For construction, repair, improvement, extension, alteration, 
and purchase of fixed equipment or facilities of, or for use by, 
the Environmental Protection Agency, $40,218,000, to remain avail-
able until expended. 
HAZARDOUS SUBSTANCE SUPERFUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), 
and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair, 
rehabilitation, and renovation of facilities, not to exceed $85,000 
per project; $1,260,621,000, to remain available until expended, 
consisting of such sums as are available in the Trust Fund upon 
the date of enactment of this Act as authorized by section 517(a) 
of the Superfund Amendments and Reauthorization Act of 1986 
(SARA) and up to $1,260,621,000 as a payment from general reve-
nues to the Hazardous Substance Superfund for purposes as author-
ized by section 517(b) of SARA, as amended: Provided, That funds 
appropriated under this heading may be allocated to other Federal 
agencies in accordance with section 111(a) of CERCLA: Provided 
further, That of the funds appropriated under this heading, 
$13,536,000 shall be transferred to the ‘‘Office of Inspector General’’ 
appropriation to remain available until September 30, 2007, and 
$30,606,000 shall be transferred to the ‘‘Science and Technology’’ 
appropriation to remain available until September 30, 2007. 
LEAKING UNDERGROUND STORAGE TANK PROGRAM 
For necessary expenses to carry out leaking underground stor-
age tank cleanup activities authorized by section 205 of the Super-
fund Amendments and Reauthorization Act of 1986, and for 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $85,000 per project, $73,027,000, to remain 
available until expended. 
OIL SPILL RESPONSE 
For expenses necessary to carry out the Environmental Protec-
tion Agency’s responsibilities under the Oil Pollution Act of 1990, 
$15,863,000, to be derived from the Oil Spill Liability trust fund, 
to remain available until expended. 
STATE AND TRIBAL ASSISTANCE GRANTS 
(INCLUDING RESCISSIONS OF FUNDS) 
For environmental programs and infrastructure assistance, 
including capitalization grants for State revolving funds and 
performance partnership grants, $3,261,696,000, to remain avail-
able until expended, of which $900,000,000 shall be for making 
capitalization grants for the Clean Water State Revolving Funds 
under title VI of the Federal Water Pollution Control Act, as 
amended (the ‘‘Act’’); of which up to $50,000,000 shall be available 
for loans, including interest free loans as authorized by 33 U.S.C.
H. R. 2361—31
1383(d)(1)(A), to municipal, inter-municipal, interstate, or State 
agencies or nonprofit entities for projects that provide treatment 
for or that minimize sewage or stormwater discharges using one 
or more approaches which include, but are not limited to, decentral-
ized or distributed stormwater controls, decentralized wastewater 
treatment, low-impact development practices, conservation ease-
ments, stream buffers, or wetlands restoration; $850,000,000 shall 
be for capitalization grants for the Drinking Water State Revolving 
Funds under section 1452 of the Safe Drinking Water Act, as 
amended, except that, notwithstanding section 1452(n) of the Safe 
Drinking Water Act, as amended, hereafter none of the funds made 
available under this heading in this or previous appropriations 
Acts shall be reserved by the Administrator for health effects studies 
on drinking water contaminants; $50,000,000 shall be for architec-
tural, engineering, planning, design, construction and related activi-
ties in connection with the construction of high priority water 
and wastewater facilities in the area of the United States-Mexico 
Border, after consultation with the appropriate border commission; 
$35,000,000 shall be for grants to the State of Alaska to address 
drinking water and waste infrastructure needs of rural and Alaska 
Native Villages: Provided, That, of these funds: (1) the State of 
Alaska shall provide a match of 25 percent; (2) no more than 
5 percent of the funds may be used for administrative and overhead 
expenses; and (3) not later than October 1, 2005 the State of 
Alaska shall make awards consistent with the State-wide priority 
list established in 2004 for all water, sewer, waste disposal, and 
similar projects carried out by the State of Alaska that are funded 
under section 221 of the Federal Water Pollution Control Act (33 
U.S.C. 1301) or the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1921 et seq.) which shall allocate not less than 
25 percent of the funds provided for projects in regional hub commu-
nities; $200,000,000 shall be for making special project grants for 
the construction of drinking water, wastewater and storm water 
infrastructure and for water quality protection in accordance with 
the terms and conditions specified for such grants in the joint 
explanatory statement of the managers accompanying this Act, 
and, for purposes of these grants, each grantee shall contribute 
not less than 45 percent of the cost of the project unless the 
grantee is approved for a waiver by the Agency; $90,000,000 shall 
be to carry out section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as 
amended, including grants, interagency agreements, and associated 
program support costs; $7,000,000 for making cost-shared grants 
for school bus retrofit and replacement projects that reduce diesel 
emissions; and $1,129,696,000 shall be for grants, including associ-
ated program support costs, to States, federally recognized tribes, 
interstate agencies, tribal consortia, and air pollution control agen-
cies for multi-media or single media pollution prevention, control 
and abatement and related activities, including activities pursuant 
to the provisions set forth under this heading in Public Law 104–
134, and for making grants under section 103 of the Clean Air 
Act for particulate matter monitoring and data collection activities 
subject to terms and conditions specified by the Administrator, 
of which $50,000,000 shall be for carrying out section 128 of 
CERCLA, as amended, $20,000,000 shall be for Environmental 
Information Exchange Network grants, including associated pro-
gram support costs, and $16,856,000 shall be for making competitive
H. R. 2361—32
targeted watershed grants: Provided further, That for fiscal year 
2006 and thereafter, State authority under section 302(a) of Public 
Law 104–182 shall remain in effect: Provided further, That notwith-
standing section 603(d)(7) of the Federal Water Pollution Control 
Act, the limitation on the amounts in a State water pollution 
control revolving fund that may be used by a State to administer 
the fund shall not apply to amounts included as principal in loans 
made by such fund in fiscal year 2006 and prior years where 
such amounts represent costs of administering the fund to the 
extent that such amounts are or were deemed reasonable by the 
Administrator, accounted for separately from other assets in the 
fund, and used for eligible purposes of the fund, including adminis-
tration: Provided further, That for fiscal year 2006, and notwith-
standing section 518(f) of the Act, the Administrator is authorized 
to use the amounts appropriated for any fiscal year under section 
319 of that Act to make grants to Indian tribes pursuant to sections 
319(h) and 518(e) of that Act: Provided further, That for fiscal 
year 2006, notwithstanding the limitation on amounts in section 
518(c) of the Act, up to a total of 11⁄2 percent of the funds appro-
priated for State Revolving Funds under title VI of that Act may 
be reserved by the Administrator for grants under section 518(c) 
of that Act: Provided further, That no funds provided by this legisla-
tion to address the water, wastewater and other critical infrastruc-
ture needs of the colonias in the United States along the United 
States-Mexico border shall be made available to a county or munic-
ipal government unless that government has established an enforce-
able local ordinance, or other zoning rule, which prevents in that 
jurisdiction the development or construction of any additional 
colonia areas, or the development within an existing colonia the 
construction of any new home, business, or other structure which 
lacks water, wastewater, or other necessary infrastructure: Provided 
further, That, notwithstanding this or any other appropriations 
Act, heretofore and hereafter, after consultation with the House 
and Senate Committees on Appropriations and for the purpose 
of making technical corrections, the Administrator is authorized 
to award grants under this heading to entities and for purposes 
other than those listed in the joint explanatory statements of the 
managers accompanying the Agency’s appropriations Acts for the 
construction of drinking water, wastewater and stormwater infra-
structure and for water quality protection. 
In addition, $80,000,000 is hereby rescinded from prior year 
funds in appropriation accounts available to the Environmental 
Protection Agency: Provided, That such rescissions shall be taken 
solely from amounts associated with grants, contracts, and inter-
agency agreements whose availability, under the original project 
period for such grant or interagency agreement or contract period 
for such contract, has expired: Provided further, That such rescis-
sions shall include funds that were appropriated under this heading 
for special project grants in fiscal year 2000 or earlier that have 
not been obligated on an approved grant by September 1, 2006. 
ADMINISTRATIVE PROVISIONS 
For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, 
in carrying out the Agency’s function to implement directly Federal 
environmental programs required or authorized by law in the
H. R. 2361—33
absence of an acceptable tribal program, may award cooperative 
agreements to federally-recognized Indian Tribes or Intertribal con-
sortia, if authorized by their member Tribes, to assist the Adminis-
trator in implementing Federal environmental programs for Indian 
Tribes required or authorized by law, except that no such coopera-
tive agreements may be awarded from funds designated for State 
financial assistance agreements. 
The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act (as added by subsection (f)(2) of the Pesticide 
Registration Improvement Act of 2003), as amended. 
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated 
funds for fiscal year 2006 may be used to award grants or loans 
under section 104(k) of CERCLA to eligible entities that satisfy 
all of the elements set forth in CERCLA section 101(40) to qualify 
as a bona fide prospective purchaser except that the date of acquisi-
tion of the property was prior to the date of enactment of the 
Small Business Liability Relief and Brownfield Revitalization Act 
of 2001. 
For fiscal years 2006 through 2011, the Administrator may, 
after consultation with the Office of Personnel Management, make 
not to exceed five appointments in any fiscal year under the 
authority provided in 42 U.S.C. 209 for the Office of Research 
and Development. 
Beginning in fiscal year 2006 and thereafter, and notwith-
standing section 306 of the Toxic Substances Control Act, the Fed-
eral share of the cost of radon program activities implemented 
with Federal assistance under section 306 shall not exceed 60 
percent in the third and subsequent grant years. 
GENERAL PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY 
SEC. 201. None of the funds made available by this Act may 
be used by the Administrator of the Environmental Protection 
Agency to accept, consider or rely on third-party intentional dosing 
human toxicity studies for pesticides, or to conduct intentional 
dosing human toxicity studies for pesticides until the Administrator 
issues a final rulemaking on this subject. The Administrator shall 
allow for a period of not less than 90 days for public comment 
on the Agency’s proposed rule before issuing a final rule. Such 
rule shall not permit the use of pregnant women, infants or children 
as subjects; shall be consistent with the principles proposed in 
the 2004 report of the National Academy of Sciences on intentional 
human dosing and the principles of the Nuremberg Code with 
respect to human experimentation; and shall establish an inde-
pendent Human Subjects Review Board. The final rule shall be 
issued no later than 180-days after enactment of this Act. 
SEC. 202. None of the funds made available by this Act may 
be used in contravention of, or to delay the implementation of, 
Executive Order No. 12898 of February 11, 1994 (59 Fed. Reg. 
7629; relating to Federal actions to address environmental justice 
in minority populations and low-income populations). 
SEC. 203. 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 Agency entitled ‘‘National Pollutant 
Discharge Elimination System (NPDES) Permit Requirements for