H. R. 4818—255
currently available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made available
under this authority until the Secretary determines that funds
appropriated for ‘‘wildland fire operations’’ shall be exhausted
within 30 days: Provided further, That all funds used pursuant
to this section are hereby designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as
made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by section 14007
of Public Law 108–287, and must be replenished by a supplemental
appropriation which must be requested as promptly as possible:
Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency
funds were transferred.
SEC. 103. Appropriations made to the Department of the
Interior shall hereafter be available for operation of warehouses,
garages, shops, and similar facilities, wherever consolidation of
activities will contribute to efficiency or economy, and said appro-
priations shall be reimbursed for services rendered to any other
activity in the same manner as authorized by sections 1535 and
1536 of title 31, United States Code: Provided, That reimbursements
for costs and supplies, materials, equipment, and for services ren-
dered may be credited to the appropriation current at the time
such reimbursements are received.
SEC. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount
not to exceed $500,000; hire, maintenance, and operation of aircraft;
hire of passenger motor vehicles; purchase of reprints; payment
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library membership
in societies or associations which issue publications to members
only or at a price to members lower than to subscribers who
are not members.
SEC. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall hereafter be available for
uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901–5902 and D.C. Code 4–204).
SEC. 106. Annual appropriations made to the Department of
the Interior shall hereafter be available for obligation in connection
with contracts issued for services or rentals for periods not in
excess of 12 months beginning at any time during the fiscal year.
SEC. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under restriction
in the President’s moratorium statement of June 12, 1998, in the
areas of northern, central, and southern California; the North
Atlantic; Washington and Oregon; and the eastern Gulf of Mexico
south of 26 degrees north latitude and east of 86 degrees west
longitude.
SEC. 108. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and natural
gas preleasing, leasing and related activities in the eastern Gulf
of Mexico planning area for any lands located outside Sale 181,
as identified in the final Outer Continental Shelf 5-Year Oil and
Gas Leasing Program, 1997–2002.
H. R. 4818—256
SEC. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural gas
preleasing, leasing and related activities in the Mid-Atlantic and
South Atlantic planning areas.
SEC. 110. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a reduced
entrance fee program to accommodate non-local travel through a
unit. The Secretary may provide for and regulate local non-rec-
reational passage through units of the National Park System,
allowing each unit to develop guidelines and permits for such
activity appropriate to that unit.
SEC. 111. Advance payments made by the Department of the
Interior to Indian tribes, tribal organizations, and tribal consortia
pursuant to the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.) may hereafter be invested
by the Indian tribe, tribal organization, or consortium before such
funds are expended for the purposes of the grant, compact, or
annual funding agreement so long as such funds are—
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in obliga-
tions or securities that are guaranteed or insured by the United
States, or mutual (or other) funds registered with the Securities
and Exchange Commission and which only invest in obligations
of the United States or securities that are guaranteed or insured
by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
SEC. 112. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any unobligated balances from prior appropriations
Acts made under the same headings shall be available for expendi-
ture or transfer for Indian trust management and reform activities,
except that total funding for historical accounting activities shall
not exceed amounts specifically designated in this Act for such
purpose.
SEC. 113. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
Department of the Interior, the hearing requirements of chapter
10 of title 25, United States Code, are deemed satisfied by a pro-
ceeding conducted by an Indian probate judge, appointed by the
Secretary without regard to the provisions of title 5, United States
Code, governing the appointments in the competitive service, for
such period of time as the Secretary determines necessary: Provided,
That the basic pay of an Indian probate judge so appointed may
be fixed by the Secretary without regard to the provisions of chapter
51, and subchapter III of chapter 53 of title 5, United States
Code, governing the classification and pay of General Schedule
employees, except that no such Indian probate judge may be paid
at a level which exceeds the maximum rate payable for the highest
grade of the General Schedule, including locality pay.
SEC. 114. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
H. R. 4818—257
unmet needs, dual enrollment, overlapping service areas or inac-
curate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2005. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
SEC. 115. Funds appropriated for the Bureau of Indian Affairs
for postsecondary schools for fiscal year 2005 shall be allocated
among the schools proportionate to the unmet need of the schools
as determined by the Postsecondary Funding Formula adopted by
the Office of Indian Education Programs.
SEC. 116. (a) The Secretary of the Interior shall hereafter
take such action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas (as
described in section 123 of Public Law 106–291) are used only
in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the use
of the lands as a cemetery; and (2) as a burial ground.
SEC. 117. Notwithstanding any other provision of law, in con-
veying the Twin Cities Research Center under the authority pro-
vided by Public Law 104–134, as amended by Public Law 104–
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all activities
authorized by Public Law 100–696; 16 U.S.C. 460zz.
SEC. 118. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or seed-
lings, may hereafter be credited to the appropriation from which
funds were expended to acquire or grow the seeds or seedlings
and are available without fiscal year limitation.
SEC. 119. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon and
Hart National Wildlife Refuges for the purpose of capturing and
transporting horses and burros. The provisions of subsection (a)
of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be
applicable to such use. Such use shall be in accordance with humane
procedures prescribed by the Secretary.
SEC. 120. (a) LIMITATION ON INCREASES IN CLAIMS MAINTE-
NANCE AND LOCATION FEES.—The fees established in 30 U.S.C.
28f and 28g shall be equal to the fees in effect immediately prior
to the rule of July 1, 2004 (69 Fed. Reg. 40,294) until the Depart-
ment of the Interior has complied with the obligations established
in subsections (b) and (c).
(b) ESTABLISHMENT OF PERMIT TRACKING SYSTEM.—The Depart-
ment of the Interior shall establish a nationwide tracking system
to determine and address the length of time from submission of
a plan of operations to mine on public lands to final approval
of such submission.
(c) REPORT.—Within 1 year of enactment, the Department shall
file a detailed report with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate providing detailed information on the length