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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Department of the Interior, environment, and related
agencies for the fiscal year ending September 30, 2006,
and for other purposes, namely:
TITLE I—DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improve-
ment, development, disposal, cadastral surveying, classi-
fication, acquisition of easements and other interests in
lands, and performance of other functions, including main-
tenance of facilities, as authorized by law, in the manage-
ment of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general
administration of the Bureau, and assessment of mineral
potential of public lands pursuant to Public Law 96–487
(16 U.S.C. 3150(a)), $845,783,000, to remain available
until expended, of which $1,000,000 is for high priority
projects, to be carried out by the Youth Conservation
Corps; and of which $3,000,000 shall be available in fiscal
year 2006 subject to a match by at least an equal amount
by the National Fish and Wildlife Foundation for cost-
shared projects supporting conservation of Bureau lands;
and such funds shall be advanced to the Foundation as
a lump sum grant without regard to when expenses are
incurred.
In addition, $32,696,000 is for Mining Law Adminis-
tration program operations, including the cost of admin-
istering the mining claim fee program; to remain available
until expended, to be reduced by amounts collected by the
Bureau and credited to this appropriation from annual
mining claim fees so as to result in a final appropriation
estimated 
at 
not 
more 
than 
$845,783,000, 
and
$2,000,000, to remain available until expended, from com-
munication site rental fees established by the Bureau for
the cost of administering communication site activities.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for fire preparedness, sup-
pression operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire as-
sistance by the Department of the Interior, $761,564,000,
to remain available until expended, of which not to exceed
$7,849,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant
to 43 U.S.C. 1469 may be furnished subsistence and lodg-
ing without cost from funds available from this appropria-
tion: Provided further, That notwithstanding 42 U.S.C.
1856d, sums received by a bureau or office of the Depart-
ment of the Interior for fire protection rendered pursuant
to 42 U.S.C. 1856 et seq., protection of United States
property, may be credited to the appropriation from which
funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procure-
ment contracts, grants, or cooperative agreements, for
hazardous fuels reduction activities, and for training and
monitoring associated with such hazardous fuels reduction
activities, on Federal land, or on adjacent non-Federal
land for activities that benefit resources on Federal land:
Provided further, That the costs of implementing any co-
operative agreement between the Federal Government and
any non-Federal entity may be shared, as mutually agreed
on by the affected parties: Provided further, That notwith-
standing requirements of the Competition in Contracting
Act, the Secretary, for purposes of hazardous fuels reduc-
tion activities, may obtain maximum practicable competi-
tion among: (1) local private, nonprofit, or cooperative en-
tities; (2) Youth Conservation Corps crews or related part-
nerships with State, local, or non-profit youth groups; (3)
small or micro-businesses; or (4) other entities that will
hire or train locally a significant percentage, defined as
50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing
this section, the Secretary shall develop written guidance
to field units to ensure accountability and consistent appli-
cation of the authorities provided herein: Provided further,
That funds appropriated under this head may be used to
reimburse the United States Fish and Wildlife Service and
the National Marine Fisheries Service for the costs of car-
rying out their responsibilities under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in con-
nection with wildland fire management activities: Provided
further, That the Secretary of the Interior may use
wildland fire appropriations to enter into non-competitive
sole source leases of real property with local governments,
at or below fair market value, to construct capitalized im-
provements for fire facilities on such leased properties, in-
cluding but not limited to fire guard stations, retardant
stations, and other initial attack and fire support facilities,
and to make advance payments for any such lease or for
construction activity associated with the lease: Provided
further, That the Secretary of the Interior and the Sec-
retary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggre-
gate amount not to exceed $9,000,000, between the De-
partments when such transfers would facilitate and expe-
dite jointly funded wildland fire management programs
and projects: Provided further, That funds provided for
wildfire suppression shall be available for support of Fed-
eral emergency response actions.
CONSTRUCTION
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $11,476,000, to
remain available until expended.
LAND ACQUISITION
For expenses necessary to carry out sections 205,
206, and 318(d) of Public Law 94–579, including admin-
istrative expenses and acquisition of lands or waters, or
interests therein, $3,817,000, to be derived from the Land
and Water Conservation Fund and to remain available
until expended.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection,
and development of resources and for construction, oper-
ation, and maintenance of access roads, reforestation, and
other improvements on the revested Oregon and California
Railroad grant lands, on other Federal lands in the Or-
egon and California land-grant counties of Oregon, and
on adjacent rights-of-way; and acquisition of lands or in-
terests therein, including existing connecting roads on or
adjacent to such grant lands; $110,070,000, to remain
available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant
lands is hereby made a charge against the Oregon and
California land-grant fund and shall be transferred to the
General Fund in the Treasury in accordance with the sec-
ond paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law
102–381, funds made available in the Forest Ecosystem
Health and Recovery Fund can be used for the purpose
of planning, preparing, implementing and monitoring sal-
vage timber sales and forest ecosystem health and recovery
activities, such as release from competing vegetation and
density control treatments. The Federal share of receipts
(defined as the portion of salvage timber receipts not paid
to the counties under 43 U.S.C. 1181f and 43 U.S.C.
1181f–1 et seq., and Public Law 106–393) derived from
treatments funded by this account shall be deposited into
the Forest Ecosystem Health and Recovery Fund.
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of
lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701),
notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under
sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315 et seq.) and the amount designated for range improve-
ments from grazing fees and mineral leasing receipts from
Bankhead-Jones lands transferred to the Department of
the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Pro-
vided, That not to exceed $600,000 shall be available for
administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related
to processing application documents and other authoriza-
tions for use and disposal of public lands and resources,
for costs of providing copies of official public land docu-
ments, for monitoring construction, operation, and termi-
nation of facilities in conjunction with use authorizations,
and for rehabilitation of damaged property, such amounts
as may be collected under Public Law 94–579, as amend-
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That, notwithstanding any provision to
the contrary of section 305(a) of Public Law 94–579 (43
U.S.C. 1735(a)), any moneys that have been or will be
received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43
U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which
have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such ac-
tion are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that
are in excess of amounts needed to repair damage to the
exact land for which funds were collected may be used to
repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing laws, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
ted lands under section 211(b) of that Act, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management
shall be available for purchase, erection, and dismantle-
ment of temporary structures, and alteration and mainte-
nance of necessary buildings and appurtenant facilities to
which the United States has title; up to $100,000 for pay-
ments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of en-
forcement activities authorized or approved by the Sec-
retary and to be accounted for solely on her certificate,
not to exceed $10,000: Provided, That notwithstanding 44
U.S.C. 501, the Bureau may, under cooperative cost-shar-
ing and partnership arrangements authorized by law, pro-
cure printing services from cooperators in connection with
jointly produced publications for which the cooperators
share the cost of printing either in cash or in services,
and the Bureau determines the cooperator is capable of
meeting accepted quality standards.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, maintenance of the herd of long-
horned cattle on the Wichita Mountains Wildlife Refuge,
general administration, and for the performance of other
authorized functions related to such resources by direct
expenditure, contracts, grants, cooperative agreements
and reimbursable agreements with public and private enti-
ties, $1,005,225,000, to remain available until September
30, 2007, except as otherwise provided herein: Provided,
That $2,000,000 is for high priority projects, which shall
be carried out by the Youth Conservation Corps: Provided
further, That not to exceed $18,130,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section
4 of the Endangered Species Act, as amended, for species
that are indigenous to the United States (except for proc-
essing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement ac-
tions described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)), of which not to exceed $12,852,000 shall
be used for any activity regarding the designation of crit-
ical habitat, pursuant to subsection (a)(3), excluding liti-
gation support, for species listed pursuant to subsection
(a)(1) prior to October 1, 2005: Provided further, That
of the amount available for law enforcement, up to
$400,000, to remain available until expended, may, at the
discretion of the Secretary, be used for payment for infor-
mation, rewards, or evidence concerning violations of laws
administered by the Service, and miscellaneous and emer-
gency expenses of enforcement activity, authorized or ap-
proved by the Secretary and to be accounted for solely on
her certificate: Provided further, That of the amount pro-
vided for environmental contaminants, up to $1,000,000
may remain available until expended for contaminant sam-
ple analyses.
CONSTRUCTION
For construction, improvement, acquisition, or re-
moval of buildings and other facilities required in the con-
servation, management, investigation, protection, and uti-
lization of fishery and wildlife resources, and the acquisi-
tion of lands and interests therein; $41,206,000, to remain
available until expended.
LAND ACQUISITION
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for acquisition of land or waters, or interest
therein, in accordance with statutory authority applicable
to the United States Fish and Wildlife Service,
$14,937,000 to be derived from the Land and Water Con-
servation Fund and to remain available until expended:
Provided, That land and non-water interests acquired
from willing sellers incidental to water rights acquired for
the transfer and use at Lower Klamath and Tule Lake
National Wildlife Refuges under this heading shall be re-
sold and the revenues therefrom shall be credited to this
account and shall be available without further appropria-
tion for the acquisition of water rights, including acquisi-
tion of interests in lands incidental to such water rights,
for the two refuges: Provided further, That none of the
funds appropriated for specific land acquisition projects
can be used to pay for any administrative overhead, plan-
ning or other management costs.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried
out on private lands, $23,700,000, to be derived from the
Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided
herein is for a Landowner Incentive Program established
by the Secretary that provides matching, competitively
awarded grants to States, the District of Columbia, feder-
ally recognized Indian tribes, Puerto Rico, Guam, the
United States Virgin Islands, the Northern Mariana Is-
lands, and American Samoa, to establish or supplement
existing landowner incentive programs that provide tech-
nical and financial assistance, including habitat protection
and restoration, to private landowners for the protection
and management of habitat to benefit federally listed, pro-
posed, candidate, or other at-risk species on private lands.
PRIVATE STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and
Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l–4 through 11), including administrative ex-
penses, and for private conservation efforts to be carried
out on private lands, $7,386,000, to be derived from the
Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That the amount provided
herein is for the Private Stewardship Grants Program es-
tablished by the Secretary to provide grants and other as-
sistance to individuals and groups engaged in private con-
servation efforts that benefit federally listed, proposed,
candidate, or other at-risk species.
COOPERATIVE ENDANGERED SPECIES CONSERVATION
FUND
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
as amended, $84,400,000, of which $20,161,000 is to be
derived from the Cooperative Endangered Species Con-
servation Fund and $64,239,000 is to be derived from the
Land and Water Conservation Fund and to remain avail-
able until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $14,414,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions
of the North American Wetlands Conservation Act, Public
Law 101–233, as amended, $40,000,000 to remain avail-
able until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
with the Neotropical Migratory Bird Conservation Act,
Public Law 106–247 (16 U.S.C. 6101–6109), $4,000,000,
to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Ele-
phant Conservation Act (16 U.S.C. 4201–4203, 4211–
4213, 4221–4225, 4241–4245, and 1538), the Asian Ele-
phant Conservation Act of 1997 (Public Law 105–96; 16
U.S.C. 4261–4266), the Rhinoceros and Tiger Conserva-
tion Act of 1994 (16 U.S.C. 5301–5306), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301), and, the Ma-
rine Turtle Conservation Act of 2004 (Public Law 108–
266; 16 U.S.C. 6601), $5,900,000, to remain available
until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United
States Virgin Islands, the Northern Mariana Islands,
American Samoa, and federally recognized Indian tribes
under the provisions of the Fish and Wildlife Act of 1956
and the Fish and Wildlife Coordination Act, for the devel-
opment and implementation of programs for the benefit
of wildlife and their habitat, including species that are not
hunted or fished, $65,000,000, to be derived from the
Land and Water Conservation Fund, and to remain avail-
able until expended: Provided, That of the amount pro-
vided herein, $6,000,000 is for a competitive grant pro-
gram for Indian tribes not subject to the remaining provi-
sions of this appropriation: Provided further, That the Sec-
retary shall, after deducting said $6,000,000 and adminis-
trative expenses, apportion the amount provided herein in
the following manner: (1) to the District of Columbia and
to the Commonwealth of Puerto Rico, each a sum equal
to not more than one-half of 1 percent thereof; and (2)
to Guam, American Samoa, the United States Virgin Is-
lands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary
shall apportion the remaining amount in the following
manner: (1) one-third of which is based on the ratio to
which the land area of such State bears to the total land
area of all such States; and (2) two-thirds of which is
based on the ratio to which the population of such State
bears to the total population of all such States: Provided
further, That the amounts apportioned under this para-
graph shall be adjusted equitably so that no State shall
be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph
for any fiscal year or more than 5 percent of such amount:
Provided further, That the Federal share of planning
grants shall not exceed 75 percent of the total costs of
such projects and the Federal share of implementation
grants shall not exceed 50 percent of the total costs of
such projects: Provided further, That the non-Federal
share of such projects may not be derived from Federal
grant programs: Provided further, That no State, terri-
tory, or other jurisdiction shall receive a grant unless it
has developed, by October 1, 2005, a comprehensive wild-
life conservation plan, consistent with criteria established
by the Secretary of the Interior, that considers the broad
range of the State, territory, or other jurisdiction’s wildlife
and associated habitats, with appropriate priority placed
on those species with the greatest conservation need and
taking into consideration the relative level of funding
available for the conservation of those species: Provided
further, That no State, territory, or other jurisdiction shall
receive a grant if its comprehensive wildlife conservation
plan is disapproved and such funds that would have been
distributed to such State, territory, or other jurisdiction
shall be distributed equitably to States, territories, and
other jurisdictions with approved plans: Provided further,
That any amount apportioned in 2006 to any State, terri-
tory, or other jurisdiction that remains unobligated as of
September 30, 2007, shall be reapportioned, together with
funds appropriated in 2008, in the manner provided here-
in: Provided further, That balances from amounts pre-
viously appropriated under the heading ‘‘State Wildlife
Grants’’ shall be transferred to and merged with this ap-
propriation and shall remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for pur-
chase of passenger motor vehicles; repair of damage to
public roads within and adjacent to reservation areas
caused by operations of the Service; options for the pur-
chase of land at not to exceed $1 for each option; facilities
incident to such public recreational uses on conservation
areas as are consistent with their primary purpose; and
the maintenance and improvement of aquaria, buildings,
and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are
used pursuant to law in connection with management, and
investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from coopera-
tors in connection with jointly produced publications for
which the cooperators share at least one-half the cost of
printing either in cash or services and the Service deter-
mines the cooperator is capable of meeting accepted qual-
ity standards: Provided further, That, notwithstanding any
other provision of law, the Service may use up to
$2,000,000 from funds provided for contracts for employ-
ment-related legal services: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That, notwithstanding
any other provision of law, the Secretary of the Interior
may not spend any of the funds appropriated in this Act
for the purchase of lands or interests in lands to be used
in the establishment of any new unit of the National Wild-
life Refuge System unless the purchase is approved in ad-
vance by the House and Senate Committees on Appropria-
tions in compliance with the reprogramming procedures
contained in House Report 108–330.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, oper-
ation, and maintenance of areas and facilities adminis-
tered by the National Park Service (including special road
maintenance service to trucking permittees on a reimburs-
able basis), and for the general administration of the Na-
tional 
Park 
Service, 
$1,754,199,000, 
of 
which
$30,000,000 is provided above the budget request to be
distributed to all park areas on a pro-rate basis and to
remain in the park base; of which $9,892,000 is for plan-
ning and interagency coordination in support of Ever-
glades restoration and shall remain available until ex-
pended; of which $97,600,000, to remain available until
September 30, 2007, is for maintenance, repair or reha-
bilitation projects for constructed assets, operation of the
National Park Service automated facility management
software system, and comprehensive facility condition as-
sessments; of which $1,937,000 is for the Youth Conserva-
tion Corps for high priority projects: Provided, That the
only funds in this account which may be made available
to support United States Park Police are those funds ap-
proved for emergency law and order incidents pursuant
to established National Park Service procedures, those
funds needed to maintain and repair United States Park
Police administrative facilities, and those funds necessary
to reimburse the United States Park Police account for
the unbudgeted overtime and travel costs associated with
special events for an amount not to exceed $10,000 per
event subject to the review and concurrence of the Wash-
ington headquarters office.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of
the United States Park Police, $82,411,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage
partnership programs, environmental compliance and re-
view, international park affairs, and grant administration,
not otherwise provided for, $48,997,000: Provided, That
none of the funds in this Act for the River, Trails and
Conservation Assistance program may be used for cash
agreements, or for cooperative agreements that are incon-
sistent with the program’s final strategic plan.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470),
and the Omnibus Parks and Public Lands Management
Act of 1996 (Public Law 104–333), $72,705,000, to be
derived from the Historic Preservation Fund, to remain
available until September 30, 2007, of which $30,000,000
shall be for Save America’s Treasures for preservation of
nationally significant sites, structures, and artifacts: Pro-
vided, That any individual Save America’s Treasures
grant shall be matched by non-Federal funds: Provided
further, That individual projects shall only be eligible for
one grant: Provided further, That all projects to be funded
shall be approved by the Secretary of the Interior in con-
sultation with the House and Senate Committees on Ap-
propriations and the President’s Committee on the Arts
and Humanities prior to the commitment of Save Amer-
ica’s Treasures grant funds: Provided further, That Save
America’s Treasures funds allocated for Federal projects,
following approval, shall be available by transfer to appro-
priate accounts of individual agencies: Provided further,
That hereinafter and notwithstanding 20 U.S.C. 951 et
seq. the National Endowment for the Arts may award
Save America’s Treasures grants based upon the rec-
ommendations of the Save America’s Treasures grant se-
lection panel convened by the President’s Committee on
the Arts and the Humanities and the National Park Serv-
ice.
CONSTRUCTION
For construction, improvements, repair or replace-
ment of physical facilities, including the modifications au-
thorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989, $308,230,000, to
remain available until expended, of which $17,000,000 for
modified water deliveries to Everglades National Park
shall be derived by transfer from unobligated balances in
the ‘‘Land Acquisition and State Assistance’’ account for
Everglades National Park land acquisitions: Provided,
That none of the funds available to the National Park
Service may be used to plan, design, or construct any part-
nership project with a total value in excess of $5,000,000,
without advance approval of the House and Senate Com-
mittees on Appropriations: Provided further, That, not-
withstanding any other provision of law, the National
Park Service may not accept donations or services associ-
ated with the planning, design, or construction of such
new facilities without advance approval of the House and
Senate Committees on Appropriations: Provided further,
That funds provided under this heading for implementa-
tion of modified water deliveries to Everglades National
Park shall be expended consistent with the requirements
of the fifth proviso under this heading in Public Law 108–
108: Provided further, That none of the funds provided
in this or any other Act may be used for planning, design,
or construction of any underground security screening or
visitor contact facility at the Washington Monument until
such facility has been approved in writing by the House
and Senate Committees on Appropriations.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2006
by 16 U.S.C. 460l–10a is rescinded.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out the Land and
Water Conservation Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to
the National Park Service, $9,421,000, to be derived from
the Land and Water Conservation Fund and to remain
available until expended, of which $1,587,000 is for the
administration of the State assistance program.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 245 passenger
motor vehicles, of which 199 shall be for replacement only,
including not to exceed 193 for police-type use, 10 buses,
and 8 ambulances: Provided, That none of the funds ap-
propriated to the National Park Service may be used to
process any grant or contract documents which do not in-
clude the text of 18 U.S.C. 1913: Provided further, That
none of the funds appropriated to the National Park Serv-
ice may be used to implement an agreement for the rede-
velopment of the southern end of Ellis Island until such
agreement has been submitted to the Congress and shall
not be implemented prior to the expiration of 30 calendar
days (not including any day in which either House of Con-
gress is not in session because of adjournment of more
than 3 calendar days to a day certain) from the receipt
by the Speaker of the House of Representatives and the
President of the Senate of a full and comprehensive report
on the development of the southern end of Ellis Island,
including the facts and circumstances relied upon in sup-
port of the proposed project: Provided further, That in fis-
cal year 2006 and thereafter, appropriations available to
the National Park Service may be used to maintain the
following areas in Washington, District of Columbia:
Jackson Place, Madison Place, and Pennsylvania Avenue
between 15th and 17th Streets, Northwest.
None of the funds in this Act may be spent by the
National Park Service for activities taken in direct re-
sponse to the United Nations Biodiversity Convention.
The National Park Service may distribute to oper-
ating units based on the safety record of each unit the
costs of programs designed to improve workplace and em-
ployee safety, and to encourage employees receiving work-
ers’ compensation benefits pursuant to chapter 81 of title
5, United States Code, to return to appropriate positions
for which they are medically able.
If the Secretary of the Interior considers the decision
of any value determination proceeding conducted under a
National Park Service concession contract issued prior to
November 13, 1998, to misinterpret or misapply relevant
contractual requirements or their underlying legal author-
ity, the Secretary may seek, within 180 days of any such
decision, the de novo review of the value determination by
the United States Court of Federal Claims, and that court
may make an order affirming, vacating, modifying or cor-
recting the determination.
In addition to other uses set forth in section 407(d)
of Public Law 105–391, franchise fees credited to a sub-
account shall be available for expenditure by the Sec-
retary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender in-
terest. Such funds may only be used for this purpose to
the extent that the benefiting unit anticipated franchise
fee receipts over the term of the contract at that unit ex-
ceed the amount of funds used to extinguish or reduce
liability. Franchise fees at the benefiting unit shall be
credited to the sub-account of the originating unit over
a period not to exceed the term of a single contract at
the benefiting unit, in the amount of funds so expended
to extinguish or reduce liability.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geo-
logical Survey to perform surveys, investigations, and re-
search covering topography, geology, hydrology, biology,
and the mineral and water resources of the United States,
its territories and possessions, and other areas as author-
ized by 43 U.S.C. 31, 1332, and 1340; classify lands as
to their mineral and water resources; give engineering su-
pervision to power permittees and Federal Energy Regu-
latory Commission licensees; administer the minerals ex-
ploration program (30 U.S.C. 641); publish and dissemi-
nate data relative to the foregoing activities; and to con-
duct inquiries into the economic conditions affecting min-
ing and materials processing industries (30 U.S.C. 3, 21a,
and 1603; 50 U.S.C. 98g(1)) and related purposes as au-
thorized by law and to publish and disseminate data;
$974,586,000, of which $63,770,000 shall be available
only for cooperation with States or municipalities for
water resources investigations; of which $8,000,000 shall
remain available until expended for satellite operations; of
which $23,320,000 shall be available until September 30,
2007, for the operation and maintenance of facilities and
deferred maintenance; of which $1,600,000 shall be avail-
able until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost; and
of which $174,765,000 shall be available until September
30, 2007, for the biological research activity and the oper-
ation of the Cooperative Research Units: Provided, That
none of the funds provided for the biological research ac-
tivity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this ap-
propriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data col-
lection and investigations carried on in cooperation with
States and municipalities.
ADMINISTRATIVE PROVISIONS
The amount appropriated for the United States Geo-
logical Survey shall be available for the purchase and re-
placement of passenger motor vehicles; reimbursement to
the General Services Administration for security guard
services; contracting for the furnishing of topographic
maps and for the making of geophysical or other special-
ized surveys when it is administratively determined that
such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations and ob-
servation wells; expenses of the United States National
Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the Survey duly ap-
pointed to represent the United States in the negotiation
and administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or co-
operative agreements as defined in 31 U.S.C. 6302 et seq.:
Provided further, That the United States Geological Sur-
vey may enter into contracts or cooperative agreements
directly with individuals or indirectly with institutions or
nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent services of students or
recent graduates, who shall be considered employees for
the purpose of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work inju-
ries, and chapter 171 of title 28, United States Code, re-
lating to tort claims, but shall not be considered to be Fed-
eral employees for any other purposes.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and envi-
ronmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other min-
erals leases, permits, licenses and operating contracts; and
for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehi-
cles for replacement only, $152,676,000, of which
$77,529,000 shall be available for royalty management ac-
tivities; and an amount not to exceed $122,730,000, to
be credited to this appropriation and to remain available
until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate
increases to fee collections for Outer Continental Shelf ad-
ministrative activities performed by the Minerals Manage-
ment Service (MMS) over and above the rates in effect
on September 30, 1993, and from additional fees for
Outer Continental Shelf administrative activities estab-
lished after September 30, 1993: Provided, That to the
extent $122,730,000 in additions to receipts are not real-
ized from the sources of receipts stated above, the amount
needed to reach $122,730,000 shall be credited to this ap-
propriation from receipts resulting from rental rates for
Outer Continental Shelf leases in effect before August 5,
1993: Provided further, That $3,000,000 for computer ac-
quisitions shall remain available until September 30,
2007: Provided further, That not to exceed $3,000 shall
be available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities: Provided
further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds
of overpayments in connection with certain Indian leases
in which the Director of MMS concurred with the claimed
refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous pay-
ments: Provided further, That in fiscal year 2006 and
thereafter, the MMS may under the royalty-in-kind pro-
gram, or under its authority to transfer oil to the Strategic
Petroleum Reserve, use a portion of the revenues from
royalty-in-kind sales, without regard to fiscal year limita-
tion, to pay for transportation to wholesale market centers
or upstream pooling points, to process or otherwise dispose
of royalty production taken in kind, and to recover MMS
transportation costs, salaries, and other administrative
costs directly related to the royalty-in-kind program: Pro-
vided further, That MMS shall analyze and document the
expected return in advance of any royalty-in-kind sales to
assure to the maximum extent practicable that royalty in-
come under the program is equal to or greater than roy-
alty income recognized under a comparable royalty-in-
value program.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section
1016, title IV, sections 4202 and 4303, title VII, and title
VIII, section 8201 of the Oil Pollution Act of 1990,
$7,006,000, which shall be derived from the Oil Spill Li-
ability Trust Fund, to remain available until expended.
OFFICE OF SURFACE MINING RECLAMATION AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions
of the Surface Mining Control and Reclamation Act of
1977, Public Law 95–87, as amended, including the pur-
chase of not to exceed 10 passenger motor vehicles, for
replacement only; $110,435,000: Provided, That the Sec-
retary of the Interior, pursuant to regulations, may use
directly or through grants to States, moneys collected in
fiscal year 2006 for civil penalties assessed under section
518 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1268), to reclaim lands adversely af-
fected by coal mining practices after August 3, 1977, to
remain available until expended: Provided further, That
appropriations for the Office of Surface Mining Reclama-
tion and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Of-
fice of Surface Mining Reclamation and Enforcement
sponsored training.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the
Surface Mining Control and Reclamation Act of 1977,
Public Law 95–87, as amended, including the purchase
of not more than 10 passenger motor vehicles for replace-
ment only, $188,014,000, to be derived from receipts of
the Abandoned Mine Reclamation Fund and to remain
available until expended; of which up to $10,000,000, to
be derived from the Federal Expenses Share of the Fund,
shall be for supplemental grants to States for the reclama-
tion of abandoned sites with acid mine rock drainage from
coal mines, and for associated activities, through the Ap-
palachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 per State
in fiscal year 2006: Provided further, That pursuant to
Public Law 97–365, the Department of the Interior is au-
thorized to use up to 20 percent from the recovery of the
delinquent debt owed to the United States Government to
pay for contracts to collect these debts: Provided further,
That funds made available under title IV of Public Law
95–87 may be used for any required non-Federal share
of the cost of projects funded by the Federal Government
for the purpose of environmental restoration related to
treatment or abatement of acid mine drainage from aban-
doned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Sur-
face Mining Control and Reclamation Act: Provided fur-
ther, That amounts allocated under section 402(g)(2) of
the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1232(g)(2)) as of September 30, 2005, but not
appropriated as of that date, are reallocated to the alloca-
tion established in section 402(g)(3) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1232(g)(3)): Provided further, That amounts provided
under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Of-
fice of Surface Mining Reclamation and Enforcement
sponsored training.
ADMINISTRATIVE PROVISIONS
With funds available for the Technical Innovation
and Professional Services program in this Act, the Sec-
retary may transfer title for computer hardware, software
and other technical equipment to State and Tribal regu-
latory and reclamation programs.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act
of November 2, 1921 (25 U.S.C. 13), the Indian Self-De-
termination and Education Assistance Act of 1975 (25
U.S.C. 450 et seq.), as amended, the Education Amend-
ments of 1978 (25 U.S.C. 2001–2019), and the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
as amended, $1,992,737,000, to remain available until
September 30, 2007 except as otherwise provided herein,
of which not to exceed $86,462,000 shall be for welfare
assistance payments and notwithstanding any other provi-
sion of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$134,609,000 shall be available for payments to tribes and
tribal organizations for contract support costs associated
with ongoing contracts, grants, compacts, or annual fund-
ing agreements entered into with the Bureau prior to or
during fiscal year 2006, as authorized by such Act, of
which $129,609,000 shall be available for indirect contract
support costs and $5,000,000 shall be available for direct
contract support costs, except that tribes and tribal orga-
nizations may use their tribal priority allocations for
unmet contract support costs of ongoing contracts, grants,
or compacts, or annual funding agreements and for unmet
welfare assistance costs; and of which not to exceed
$478,085,000 for school operations costs of Bureau-fund-
ed schools and other education programs shall become
available on July 1, 2006, and shall remain available until
September 30, 2007; and of which not to exceed
$61,267,000 shall remain available until expended for
housing improvement, road maintenance, attorney fees,
litigation support, the Indian Self-Determination Fund,
land records improvement, and the Navajo-Hopi Settle-
ment Program: Provided, That notwithstanding any other
provision of law, including but not limited to the Indian
Self-Determination Act of 1975, as amended, and 25
U.S.C. 2008, not to exceed $44,718,000 within and only
from such amounts made available for school operations
shall be available to tribes and tribal organizations for ad-
ministrative cost grants associated with ongoing grants
entered into with the Bureau prior to or during fiscal year
2005 for the operation of Bureau-funded schools, and up
to $500,000 within and only from such amounts made
available for school operations shall be available for the
transitional costs of initial administrative cost grants to
tribes and tribal organizations that enter into grants for
the operation on or after July 1, 2005, of Bureau-operated
schools: Provided further, That any forestry funds allo-
cated to a tribe which remain unobligated as of September
30, 2007, may be transferred during fiscal year 2008 to
an Indian forest land assistance account established for
the benefit of such tribe within the tribe’s trust fund ac-
count: Provided further, That any such unobligated
balances not so transferred shall expire on September 30,
2008.
CONSTRUCTION
For construction, repair, improvement, and mainte-
nance of irrigation and power systems, buildings, utilities,
and other facilities, including architectural and engineer-
ing services by contract; acquisition of lands, and interests
in lands; and preparation of lands for farming, and for
construction of the Navajo Indian Irrigation Project pur-
suant to Public Law 87–483, $284,137,000, to remain
available until expended: Provided, That such amounts as
may be available for the construction of the Navajo Indian
Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 per-
cent of contract authority available to the Bureau of In-
dian Affairs from the Federal Highway Trust Fund may
be used to cover the road program management costs of
the Bureau: Provided further, That any funds provided for
the Safety of Dams program pursuant to 25 U.S.C. 13
shall be made available on a nonreimbursable basis: Pro-
vided further, That for fiscal year 2006, in implementing
new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to
tribally controlled grant schools under Public Law 100–
297, as amended, the Secretary of the Interior shall use
the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR
part 12 as the regulatory requirements: Provided further,
That such grants shall not be subject to section 12.61 of
43 CFR; the Secretary and the grantee shall negotiate and
determine a schedule of payments for the work to be per-
formed: Provided further, That in considering applications,
the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the
construction projects conform to applicable building stand-
ards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(b), with
respect to organizational and financial management capa-
bilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements
contained in 25 U.S.C. 2504(f): Provided further, That
any disputes between the Secretary and any grantee con-
cerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2507(e): Provided further, That in order to
ensure timely completion of replacement school construc-
tion projects, the Secretary may assume control of a
project and all funds related to the project, if, within
eighteen months of the date of enactment of this Act, any
tribe or tribal organization receiving funds appropriated
in this Act or in any prior Act, has not completed the
planning and design phase of the project and commenced
construction of the replacement school: Provided further,
That this Appropriation may be reimbursed from the Of-
fice of the Special Trustee for American Indians Appro-
priation for the appropriate share of construction costs for
space expansion needed in agency offices to meet trust re-
form implementation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
MISCELLANEOUS PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and in-
dividuals and for necessary administrative expenses,
$34,754,000, to remain available until expended, for im-
plementation of Indian land and water claim settlements
pursuant to Public Laws 99–264, 100–580, 101–618,
106–554, 107–331, and 108–34, and for implementation
of other land and water rights settlements, of which
$10,000,000 shall be available for payment to the
Quinault Indian Nation pursuant to the terms of the
North Boundary Settlement Agreement dated July 14,
2000, providing for the acquisition of perpetual conserva-
tion easements from the Nation.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans,
$6,348,000, of which $701,000 is for administrative ex-
penses, as authorized by the Indian Financing Act of
1974, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Pro-
vided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $118,884,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the oper-
ation of Indian programs by direct expenditure, contracts,
cooperative agreements, compacts and grants, either di-
rectly or in cooperation with States and other organiza-
tions.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian
Affairs may contract for services in support of the man-
agement, operation, and maintenance of the Power Divi-
sion of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (ex-
cept the revolving fund for loans, the Indian loan guar-
antee and insurance fund, and the Indian Guaranteed
Loan Program account) shall be available for expenses of
exhibits, and purchase and replacement of passenger
motor vehicles.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration (ex-
cept facilities operations and maintenance) shall be avail-
able for tribal contracts, grants, compacts, or cooperative
agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the
Tribal Self-Governance Act of 1994 (Public Law 103–
413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government’s trust responsibility to that
tribe, or the government-to-government relationship be-
tween the United States and that tribe, or that tribe’s abil-
ity to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C.
452 et seq., shall be available to support the operation of
any elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other
Act for schools funded by the Bureau shall be available
only to the schools in the Bureau school system as of Sep-
tember 1, 1996. No funds available to the Bureau shall
be used to support expanded grades for any school or dor-
mitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bu-
reau school system as of October 1, 1995. Funds made
available under this Act may not be used to establish a
charter school at a Bureau-funded school (as that term
is defined in section 1146 of the Education Amendments
of 1978 (25 U.S.C. 2026)), except that a charter school
that is in existence on the date of the enactment of this
Act and that has operated at a Bureau-funded school be-
fore September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bu-
reau a pro rata share of funds to reimburse the Bureau
for the use of the real and personal property (including
buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school pro-
grams of the State in which the school is located if the
charter school loses such funding. Employees of Bureau-
funded schools sharing a campus with a charter school and
performing functions related to the charter school’s oper-
ation and employees of a charter school shall not be treat-
ed as Federal employees for purposes of chapter 171 of
title 28, United States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106–
113, if a tribe or tribal organization in fiscal year 2003
or 2004 received indirect and administrative costs pursu-
ant to a distribution formula based on section 5(f) of Pub-
lic Law 101–301, the Secretary shall continue to dis-
tribute indirect and administrative cost funds to such tribe
or tribal organization using the section 5(f) distribution
formula.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories
under the jurisdiction of the Department of the Interior,
$76,563,000, of which: (1) $69,182,000 shall be available
until expended for technical assistance, including mainte-
nance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree
snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as au-
thorized by law (48 U.S.C. 1661(c)); grants to the Govern-
ment of American Samoa, in addition to current local rev-
enues, for construction and support of governmental func-
tions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of
the Northern Mariana Islands as authorized by law (Pub-
lic Law 94–241; 90 Stat. 272); and (2) $7,381,000 shall
be available for salaries and expenses of the Office of Insu-
lar Affairs: Provided, That all financial transactions of the
territorial and local governments herein provided for, in-
cluding such transactions of all agencies or instrumental-
ities established or used by such governments, may be au-
dited by the Government Accountability Office, at its dis-
cretion, in accordance with chapter 35 of title 31, United
States Code: Provided further, That Northern Mariana Is-
lands Covenant grant funding shall be provided according
to those terms of the Agreement of the Special Represent-
atives on Future United States Financial Assistance for
the Northern Mariana Islands approved by Public Law
104–134: Provided further, That of the amounts provided
for technical assistance, sufficient funds shall be made
available for a grant to the Pacific Basin Development
Council: Provided further, That of the amounts provided
for technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institu-
tionalize routine operations and maintenance improvement
of capital infrastructure with territorial participation and
cost sharing to be determined by the Secretary based on
the grantee’s commitment to timely maintenance of its
capital assets: Provided further, That any appropriation
for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $5,362,000, to
remain available until expended, as provided for in sec-
tions 221(a)(2), 221(b), and 233 of the Compact of Free
Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the
Government of the Republic of the Marshall Islands, and
the Government of the United States and the Federated
States of Micronesia, as authorized by Public Law 99–
658 and Public Law 108–188.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for management of the De-
partment of the Interior, $118,755,000 (reduced by
$8,000,000) (reduced by $13,000,000) of which not to ex-
ceed $8,500 may be for official reception and representa-
tion expenses; and of which up to $1,000,000 shall be
available for workers compensation payments and unem-
ployment compensation payments associated with the or-
derly closure of the United States Bureau of Mines: Pro-
vided, That none of the funds in this or previous appro-
priations Acts may be used to establish any additional re-
serves in the Working Capital Fund account other than
the two authorized reserves without prior approval of the
House and Senate Committees on Appropriations.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of Octo-
ber 20, 1976, as amended (31 U.S.C. 6901–6907),
$230,000,000 (increased by $12,000,000), of which not
to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to oth-
erwise eligible units of local government if the computed
amount of the payment is less than $100.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the In-
terior and any of its component offices and bureaus for
the remedial action, including associated activities, of haz-
ardous waste substances, pollutants, or contaminants pur-
suant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C.
9601 et seq.), $9,855,000, to remain available until ex-
pended: Provided, That, notwithstanding 31 U.S.C. 3302,
sums recovered from or paid by a party in advance of or
as reimbursement for remedial action or response activi-
ties conducted by the Department pursuant to section 107
or 113(f) of such Act, shall be credited to this account,
to be available until expended without further appropria-
tion: Provided further, That such sums recovered from or
paid by any party are not limited to monetary payments
and may include stocks, bonds or other personal or real
property, which may be retained, liquidated, or otherwise
disposed of by the Secretary and which shall be credited
to this account.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$55,340,000.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector
General, $39,566,000.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
For the operation of trust programs for Indians by
direct expenditure, contracts, cooperative agreements,
compacts, and grants, $191,593,000, to remain available
until expended, of which not to exceed $58,000,000 from
this or any other Act, shall be available for historical ac-
counting: Provided, That funds for trust management im-
provements and litigation support may, as needed, be
transferred to or merged with the Bureau of Indian Af-
fairs, ‘‘Operation of Indian Programs’’ account; the Office
of the Solicitor, ‘‘Salaries and Expenses’’ account; and the
Departmental Management, ‘‘Salaries and Expenses’’ ac-
count: Provided further, That funds made available to
Tribes and Tribal organizations through contracts or
grants obligated during fiscal year 2006, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 450
et seq.), shall remain available until expended by the con-
tractor or grantee: Provided further, That, notwith-
standing any other provision of law, the statute of limita-
tions shall not commence to run on any claim, including
any claim in litigation pending on the date of the enact-
ment of this Act, concerning losses to or mismanagement
of trust funds, until the affected tribe or individual Indian
has been furnished with an accounting of such funds from
which the beneficiary can determine whether there has
been a loss: Provided further, That, notwithstanding any
other provision of law, the Secretary shall not be required
to provide a quarterly statement of performance for any
Indian trust account that has not had activity for at least
18 months and has a balance of $1.00 or less: Provided
further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and
shall permit the balance in each such account to be with-
drawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or de-
posits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and re-
main available in this account for this purpose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian
lands and expenses associated with redetermining and re-
distributing escheated interests in allotted lands, and for
necessary expenses to carry out the Indian Land Consoli-
dation Act of 1983, as amended, by direct expenditure or
cooperative agreement, $34,514,000, to remain available
until expended, and which may be transferred to the Bu-
reau of Indian Affairs and Departmental Management ac-
counts: Provided, That funds provided under this heading
may be expended pursuant to the authorities contained in
the provisos under the heading ‘‘Office of Special Trustee
for American Indians, Indian Land Consolidation’’ of the
Interior and Related Agencies Appropriations Act, 2001
(Public Law 106–291).
NATURAL RESOURCES DAMAGE ASSESSMENT AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability
Act, as amended (42 U.S.C. 9601 et seq.), Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (Public Law 101–380)
(33 U.S.C. 2701 et seq.), and Public Law 101–337, as
amended (16 U.S.C. 19jj et seq.), $6,106,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from avail-
able resources within the Working Capital Fund, 15 air-
craft, 10 of which shall be for replacement and which may
be obtained by donation, purchase or through available ex-
cess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or
trade-in value used to offset the purchase price for the
replacement aircraft: Provided further, That no programs
funded with appropriated funds in the ‘‘Departmental
Management’’, ‘‘Office of the Solicitor’’, and ‘‘Office of In-
spector General’’ may be augmented through the Working
Capital Fund: Provided further, That the annual budget
justification for Departmental Management shall describe
estimated Working Capital Fund charges to bureaus and
offices, including the methodology on which charges are
based: Provided further, That departures from the Work-
ing Capital Fund estimates contained in the Departmental
Management budget justification shall be presented to the
Committees on Appropriations for approval: Provided fur-
ther, That the Secretary shall provide a semi-annual re-
port to the Committees on Appropriations on reimbursable
support agreements between the Office of the Secretary
and the National Business Center and the bureaus and
offices of the Department, including the amounts billed
pursuant to such agreements.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
SEC. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau
or office), with the approval of the Secretary, for the emer-
gency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment dam-
aged or destroyed by fire, flood, storm, or other unavoid-
able causes: Provided, That no funds shall be made avail-
able under this authority until funds specifically made
available to the Department of the Interior for emer-
gencies shall have been exhausted, and must be replen-
ished by a supplemental appropriation which must be re-
quested as promptly as possible.
SEC. 102. The Secretary may authorize the expendi-
ture or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget pro-
grams of the several agencies, for the suppression or emer-
gency prevention of wildland fires on or threatening lands
under the jurisdiction of the Department of the Interior;
for the emergency rehabilitation of burned-over lands
under its jurisdiction; for emergency actions related to po-
tential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subse-
quent to actual oil spills; for response and natural resource
damage assessment activities related to actual oil spills;
for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on
lands under the jurisdiction of the Secretary, pursuant to
the authority in section 1773(b) of Public Law 99–198
(99 Stat. 1658); for emergency reclamation projects under
section 410 of Public Law 95–87; and shall transfer, from
any no year funds available to the Office of Surface Min-
ing Reclamation and Enforcement, such funds as may be
necessary to permit assumption of regulatory authority in
the event a primacy State is not carrying out the regu-
latory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for reim-
bursement to other Federal agencies for destruction of ve-
hicles, aircraft, or other equipment in connection with
their use for wildland fire operations, such reimbursement
to be credited to appropriations 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 ex-
hausted within 30 days, and must be replenished by a sup-
plemental appropriation which must be requested as
promptly as possible: Provided further, That such replen-
ishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were trans-
ferred.
SEC. 103. 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 tele-
phone service in private residences in the field, when au-
thorized 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 mem-
bers lower than to subscribers who are not members.
SEC. 104. No funds provided in this title may be ex-
pended 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 de-
grees north latitude and east of 86 degrees west longitude.
SEC. 105. No funds provided in this title may be ex-
pended by the Department of the Interior to conduct off-
shore 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.
SEC. 106. No funds provided in this title may be ex-
pended 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. 107. Notwithstanding any other provisions of
law, the National Park Service shall not develop or imple-
ment a reduced entrance fee program to accommodate
non-local travel through a unit. The Secretary may provide
for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to
develop guidelines and permits for such activity appro-
priate to that unit.
SEC. 108. 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 expenditure or trans-
fer for Indian trust management and reform activities, ex-
cept that total funding for historical accounting activities
shall not exceed amounts specifically designated in this
Act for such purpose.
SEC. 109. Notwithstanding any other provision of
law, for the purpose of reducing the backlog of Indian pro-
bate cases in the Department of the Interior, the hearing
requirements of chapter 10 of title 25, United States
Code, are deemed satisfied by a proceeding conducted by
an Indian probate judge, appointed by the Secretary with-
out 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, ex-
cept 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. 110. Notwithstanding any other provision of
law, the Secretary of the Interior is authorized to redis-
tribute any Tribal Priority Allocation funds, including
tribal base funds, to alleviate tribal funding inequities by
transferring funds to address identified, unmet needs,
dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduc-
tion in Tribal Priority Allocation funds of more than 10
percent in fiscal year 2006. Under circumstances of dual
enrollment, overlapping service areas or inaccurate dis-
tribution methodologies, the 10 percent limitation does not
apply.
SEC. 111. Funds appropriated for the Bureau of In-
dian Affairs for postsecondary schools for fiscal year 2006
shall be allocated among the schools proportionate to the
unmet need of the schools as determined by the Postsec-
ondary Funding Formula adopted by the Office of Indian
Education Programs.
SEC. 112. Notwithstanding any other provision of
law, in conveying the Twin Cities Research Center under
the authority provided by Public Law 104–134, as amend-
ed 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 reim-
bursement until expended and without further appropria-
tion: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all ac-
tivities authorized by Public Law 100–696; 16 U.S.C.
460zz.
SEC. 113. 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 proce-
dures prescribed by the Secretary.
SEC. 114. Funds provided in this Act for Federal
land acquisition by the National Park Service for Shen-
andoah Valley Battlefields National Historic District and
Ice Age National Scenic Trail may be used for a grant
to a State, a local government, or any other land manage-
ment entity for the acquisition of lands without regard to
any restriction on the use of Federal land acquisition
funds provided through the Land and Water Conservation
Fund Act of 1965 as amended.
SEC. 115. None of the funds made available by this
Act may be obligated or expended by the National Park
Service to enter into or implement a concession contract
which permits or requires the removal of the underground
lunchroom at the Carlsbad Caverns National Park.
SEC. 116. None of the funds made available in this
Act may be used: (1) to demolish the bridge between Jer-
sey City, New Jersey, and Ellis Island; or (2) to prevent
pedestrian use of such bridge, when such pedestrian use
is consistent with generally accepted safety standards.
SEC. 117. None of the funds in this or any other Act
can be used to compensate the Special Master and the
Special Master-Monitor, and all variations thereto, ap-
pointed by the United States District Court for the Dis-
trict of Columbia in the Cobell v. Norton litigation at an
annual rate that exceeds 200 percent of the highest Senior
Executive Service rate of pay for the Washington-
Baltimore locality pay area.
SEC. 118. The Secretary of the Interior may use dis-
cretionary funds to pay private attorneys fees and costs
for employees and former employees of the Department
of the Interior reasonably incurred in connection with
Cobell v. Norton to the extent that such fees and costs
are not paid by the Department of Justice or by private
insurance. In no case shall the Secretary make payments
under this section that would result in payment of hourly
fees in excess of the highest hourly rate approved by the
District Court for the District of Columbia for counsel in
Cobell v. Norton.
SEC. 119. The United States Fish and Wildlife Serv-
ice shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement
a system of mass marking of salmonid stocks, intended
for harvest, that are released from Federally operated or
Federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily
identified by commercial and recreational fishers.
SEC. 120. Such sums as may be necessary from ‘‘De-
partmental Management, Salaries and Expenses’’, may be
transferred to ‘‘United States Fish and Wildlife Service,
Resource Management’’ for operational needs at the Mid-
way Atoll National Wildlife Refuge airport.
SEC. 121. (a) IN GENERAL.—Nothing in section 134
of the Department of the Interior and Related Agencies
Appropriations Act, 2002 (115 Stat. 443) affects the deci-
sion of the United States Court of Appeals for the 10th
Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250
(2001).
(b) USE OF CERTAIN INDIAN LAND.—Nothing in this
section permits the conduct of gaming under the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land
described in section 123 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (114 Stat.
944), or land that is contiguous to that land, regardless
of whether the land or contiguous land has been taken
into trust by the Secretary of the Interior.
SEC. 122. No funds appropriated for the Department
of the Interior by this Act or any other Act shall be used
to study or implement any plan to drain Lake Powell or
to reduce the water level of the lake below the range of
water levels required for the operation of the Glen Canyon
Dam.
SEC. 123. Notwithstanding the limitation in subpara-
graph (2)(B) of section 18(a) of the Indian Gaming Regu-
latory Act (25 U.S.C. 2717(a)), the total amount of all
fees imposed by the National Indian Gaming Commission
for fiscal year 2007 shall not exceed $12,000,000.
SEC. 124. Notwithstanding any implementation of
the Department of the Interior’s trust reorganization or
reengineering plans, or the implementation of the ‘‘To Be’’
Model, funds appropriated for fiscal year 2006 shall be
available to the tribes within the California Tribal Trust
Reform Consortium and to the Salt River Pima-Maricopa
Indian Community, the Confederated Salish and Kootenai
Tribes of the Flathead Reservation and the Chippewa Cree
Tribe of the Rocky Boys Reservation through the same
methodology as funds were distributed in fiscal year 2004.
This Demonstration Project shall continue to operate sep-
arate and apart from the Department of the Interior’s
trust reform and reorganization and the Department shall
not impose its trust management infrastructure upon or
alter the existing trust resource management systems of
the above referenced tribes having a self-governance com-
pact and operating in accordance with the Tribal Self-Gov-
ernance Program set forth in 25 U.S.C. 458aa–458hh:
Provided, That the California Trust Reform Consortium
and any other participating tribe agree to carry out their
responsibilities under the same written and implemented
fiduciary standards as those being carried by the Sec-
retary of the Interior: Provided further, That they dem-
onstrate to the satisfaction of the Secretary that they have
the capability to do so: Provided further, That the Depart-
ment shall provide funds to the tribes in an amount equal
to that required by 25 U.S.C. 458cc(g)(3), including funds
specifically or functionally related to the provision of trust
services to the tribes or their members.
SEC. 125. Notwithstanding any provision of law, in-
cluding 42 U.S.C. 4321 et. seq., nonrenewable grazing
permits authorized in the Jarbidge Field Office, Bureau
of Land Management within the past 9 years, shall be re-
newed. The Animal Unit Months contained in the most
recently expired nonrenewable grazing permit, authorized
between March 1, 1997, and February 28, 2003, shall
continue in effect under the renewed permit. Nothing in
this section shall be deemed to extend the nonrenewable
permits beyond the standard 1-year term.
SEC. 126. Notwithstanding any other provision of
law, the Secretary of the Interior is authorized to acquire
lands, waters, or interests therein including the use of all
or part of any pier, dock, or landing within the State of
New York and the State of New Jersey, for the purpose
of operating and maintaining facilities in the support of
transportation and accommodation of visitors to Ellis,
Governors, and Liberty Islands, and of other program and
administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary con-
sideration), or by exchange; and the Secretary is author-
ized to negotiate and enter into leases, subleases, conces-
sion contracts or other agreements for the use of such fa-
cilities on such terms and conditions as the Secretary may
determine reasonable.
SEC. 127. Upon the request of the permittee for the
Clark Mountain Allotment lands adjacent to the Mojave
National Preserve, the Secretary shall also issue a special
use permit for that portion of the grazing allotment lo-
cated within the Preserve. The special use permit shall be
issued with the same terms and conditions as the most
recently-issued permit for that allotment and the Sec-
retary shall consider the permit to be one transferred in
accordance with section 325 of Public Law 108–108.
SEC. 128. Notwithstanding any other provision of
law, the National Park Service final winter use rules pub-
lished in part VII of the Federal Register for November
10, 2004, 69 Fed. Reg. 65348 et seq., shall be in force
and effect for the winter use season of 2005–2006 that
commences on or about December 15, 2005.
SEC. 129. None of the funds in this Act may be used
to compensate more than 34 full time equivalent employ-
ees in the Department’s Office of Law Enforcement and
Security. The total number of staff detailed from other
offices and reimbursable staff may not exceed 8 at any
given time.
TITLE II—ENVIRONMENTAL PROTECTION
AGENCY
SCIENCE AND TECHNOLOGY
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901–
5902; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate equiv-
alent to the maximum rate payable for senior level posi-
tions under 5 U.S.C. 5376; procurement of laboratory
equipment and supplies; other operating expenses in sup-
port of research and development; construction, alteration,
repair, rehabilitation, and renovation of facilities, not to
exceed $85,000 per project, $765,340,000 which shall re-
main available until September 30, 2007.