Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006
PL 109-54 (H.R.2361), enacted 08/02/2005

119 STAT. 499
PUBLIC LAW 109–54—AUG. 2, 2005
Public Law 109–54
109th Congress
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 Representatives 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 Sep-
tember 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, improvement,
development, disposal, cadastral surveying, classification, acquisi-
tion of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management 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)), $860,791,000, to remain available until expended, of which
$1,250,000 is for high priority projects, to be carried out by the
Youth Conservation Corps; and of which $3,000,000 shall be avail-
able 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 Administration pro-
gram operations, including the cost of administering the mining
claim fee program; to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropria-
tion from annual mining claim fees so as to result in a final
appropriation estimated at not more than $860,791,000, and
$2,000,000, to remain available until expended, from communication
site rental fees established by the Bureau for the cost of admin-
istering communication site activities.
Department of
the Interior,
Environment,
and Related
Agencies
Appropriations
Act, 2006.
Aug. 2, 2005
[H.R. 2361]
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119 STAT. 500
PUBLIC LAW 109–54—AUG. 2, 2005
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for fire preparedness, suppression oper-
ations, fire science and research, emergency rehabilitation, haz-
ardous fuels reduction, and rural fire assistance by the Department
of the Interior, $766,564,000, 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 lodging without cost from funds
available from this appropriation: Provided further, That notwith-
standing 42 U.S.C. 1856d, sums received by a bureau or office
of the Department of the Interior for fire protection rendered pursu-
ant 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 procurement contracts, grants, or cooperative agree-
ments, 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 cooperative agreement between
the Federal Government and any non-Federal entity may be shared,
as mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in Con-
tracting Act, the Secretary, for purposes of hazardous fuels reduc-
tion activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2) Youth Con-
servation Corps crews or related partnerships 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 application 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 carrying out their responsibilities under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,
as required by section 7 of such Act, in connection 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 govern-
ments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance pay-
ments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate
Guidelines.
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119 STAT. 501
PUBLIC LAW 109–54—AUG. 2, 2005
amount not to exceed $9,000,000, between the Departments when
such transfers would facilitate and expedite jointly funded wildland
fire management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available for support
of Federal emergency response actions.
CONSTRUCTION
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $11,926,000, 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 administrative expenses
and acquisition of lands or waters, or interests therein, $8,750,000,
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, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant coun-
ties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests 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 second
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 salvage timber sales and forest eco-
system health and recovery activities, such as release from com-
peting 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
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119 STAT. 502
PUBLIC LAW 109–54—AUG. 2, 2005
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 improvements
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: Provided, 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 proc-
essing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, oper-
ation, and termination 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 amended,
and Public Law 93–153, to remain available until expended: Pro-
vided, 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 appro-
priate 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 improve, protect, or
rehabilitate any public lands administered 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 action 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, surveys, appraisals, and costs of making
conveyances of omitted 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 dismantlement of temporary
structures, and alteration and maintenance of necessary buildings
and appurtenant facilities to which the United States has title;
up to $100,000 for payments, at the discretion of the Secretary,
for information or evidence concerning violations of laws adminis-
tered by the Bureau; miscellaneous and emergency expenses of
enforcement activities authorized or approved by the Secretary 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,
43 USC 1735
note.
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PUBLIC LAW 109–54—AUG. 2, 2005
under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the coopera-
tors 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 agree-
ments and reimbursable agreements with public and private enti-
ties, $1,008,880,000, to remain available until September 30, 2007,
except as otherwise provided herein: Provided, That $2,500,000
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
processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
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 critical habitat, pursuant to subsection (a)(3),
excluding litigation 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 information, rewards, or evidence concerning viola-
tions of laws administered by the Service, and miscellaneous and
emergency expenses of enforcement activity, authorized or approved
by the Secretary and to be accounted for solely on her certificate:
Provided further, That of the amount provided for environmental
contaminants, up to $1,000,000 may remain available until
expended for contaminant sample analyses.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, manage-
ment, investigation, protection, and utilization of fishery and wild-
life resources, and the acquisition of lands and interests therein;
$45,891,000, to remain available until expended: Provided, That
funds made available under the 2005 Consolidated Appropriations
Act (Public Law 108–447) for the Chase Lake and Arrowwood
National Wildlife Refuges, North Dakota, shall be transferred to
North Dakota State University to complete planning and design
for a Joint Interpretive Center.
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119 STAT. 504
PUBLIC LAW 109–54—AUG. 2, 2005
LAND ACQUISITION
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for acquisition of land
or waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service,
$28,408,000 to be derived from the Land and Water Conservation
Fund and to remain available until expended: Provided, That none
of the funds appropriated for specific land acquisition projects can
be used to pay for any administrative overhead, planning or other
management costs.
LANDOWNER INCENTIVE PROGRAM
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, and for private conservation
efforts to be carried out on private lands, $24,000,000, 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, federally recognized Indian tribes, Puerto
Rico, Guam, the United States Virgin Islands, the Northern Mar-
iana Islands, and American Samoa, to establish or supplement
existing landowner incentive programs that provide technical and
financial assistance, including habitat protection and restoration,
to private landowners for the protection and management of habitat
to benefit federally listed, proposed, candidate, or other at-risk
species on private lands.
PRIVATE STEWARDSHIP GRANTS
For expenses necessary to carry out the Land and Water Con-
servation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through
11), including administrative expenses, 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 established by the
Secretary to provide grants and other assistance to individuals
and groups engaged in private conservation 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,
$82,200,000, of which $20,161,000 is to be derived from the Coopera-
tive Endangered Species Conservation Fund and $62,039,000 is
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
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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 available 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 Elephant Con-
servation Act (16 U.S.C. 4201–4203, 4211–4213, 4221–4225, 4241–
4245, and 1538), the Asian Elephant Conservation Act of 1997
(Public Law 105–96; 16 U.S.C. 4261–4266), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301–5306), the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301), and the Marine
Turtle Conservation Act of 2004 (Public Law 108–266; 16 U.S.C.
6601), $6,500,000, 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 rec-
ognized Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not hunted
or fished, $68,500,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended: Pro-
vided, That of the amount provided herein, $6,000,000 is for a
competitive grant program for Indian tribes not subject to the
remaining provisions of this appropriation: Provided further, That
the Secretary shall, after deducting said $6,000,000 and administra-
tive 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 Islands, 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 appor-
tioned 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 implementa-
tion grants shall not exceed 50 percent of the total costs of such
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projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs: Provided
further, That no State, territory, or other jurisdiction shall receive
a grant unless it has developed, by October 1, 2005, a comprehensive
wildlife 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 jurisdic-
tion shall receive a grant if its comprehensive wildlife conservation
plan is disapproved and such funds that would have been distrib-
uted to such State, territory, or other jurisdiction shall be distrib-
uted equitably to States, territories, and other jurisdictions with
approved plans: Provided further, That any amount apportioned
in 2006 to any State, territory, or other jurisdiction that remains
unobligated as of September 30, 2007, shall be reapportioned,
together with funds appropriated in 2008, in the manner provided
herein: Provided further, That balances from amounts previously
appropriated under the heading ‘‘State Wildlife Grants’’ shall be
transferred to and merged with this appropriation and shall remain
available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for purchase 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 purchase 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 mainte-
nance 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 cooperators in
connection with jointly produced publications for which the coopera-
tors share at least one-half the cost of printing either in cash
or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That, not-
withstanding any other provision of law, the Service may use up
to $2,000,000 from funds provided for contracts for employment-
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 Sec-
retary 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
Wildlife Refuge System unless the purchase is approved in advance
by the House and Senate Committees on Appropriations in compli-
ance with the reprogramming procedures contained in the statement
of the managers accompanying this Act.
Deadline.
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119 STAT. 507
PUBLIC LAW 109–54—AUG. 2, 2005
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administra-
tion of the National Park Service, $1,744,074,000, of which
$9,892,000 is for planning and interagency coordination in support
of Everglades restoration and shall remain available until expended;
of which $97,600,000, to remain available until September 30, 2007,
is for maintenance, repair or rehabilitation projects for constructed
assets, operation of the National Park Service automated facility
management software system, and comprehensive facility condition
assessments; and of which $2,000,000 is for the Youth Conservation
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 approved 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 nec-
essary 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 Washington headquarters
office.
UNITED STATES PARK POLICE
For expenses necessary to carry out the programs of the United
States Park Police, $81,411,000.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, nat-
ural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant adminis-
tration, not otherwise provided for, $54,965,000: 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 inconsistent with the program’s
final strategic plan.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic Preserva-
tion 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), $73,250,000, to be derived from the Historic Preservation
Fund and 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: Provided,
That not to exceed $5,000,000 of the amount provided for Save
America’s Treasures may be for Preserve America grants to States,
Tribes, and local communities for projects that preserve important
historic resources through the promotion of heritage tourism: Pro-
vided further, That any individual Save America’s Treasures or
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Preserve America 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 consultation
with the House and Senate Committees on Appropriations, and
in consultation with the President’s Committee on the Arts and
Humanities prior to the commitment of Save America’s Treasures
grant funds and with the Advisory Council on Historic Preservation
prior to the commitment of Preserve America 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.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
For construction, improvements, repair or replacement of phys-
ical facilities, including the modifications authorized by section
104 of the Everglades National Park Protection and Expansion
Act of 1989, $301,291,000, 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 bal-
ances in the ‘‘Land Acquisition and State Assistance’’ account for
Everglades National Park land acquisitions, and of which $400,000
for the Mark Twain Boyhood Home National Historic Landmark
shall be derived from the Historic Preservation Fund pursuant
to 16 U.S.C. 470a: Provided, That none of the funds available
to the National Park Service may be used to plan, design, or
construct any partnership project with a total value in excess of
$5,000,000, without advance approval of the House and Senate
Committees on Appropriations: Provided further, That notwith-
standing any other provision of law, the National Park Service
may not accept donations or services associated 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
implementation 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 funds provided under this heading for implementation
of modified water deliveries to Everglades National Park shall
be available for obligation only if matching funds are appropriated
to the Army Corps of Engineers for the same purpose: Provided
further, That none of the funds provided under this heading for
implementation of modified water deliveries to Everglades National
Park shall be available for obligation if any of the funds appro-
priated to the Army Corps of Engineers for the purpose of imple-
menting modified water deliveries, including finalizing detailed
engineering and design documents for a bridge or series of bridges
for the Tamiami Trail component of the project, becomes unavailable
for obligation: Provided further, That hereinafter notwithstanding
any other provision of law, procurements for the Mount Rainier
National Park Jackson Visitor Center replacement and the
rehabilitation of Paradise Inn and Annex may be issued which
include the full scope of the facility: Provided further, That the
solicitation and contract shall contain the clause ‘‘availability of
funds’’ found at 48 CFR 52.232.18: Provided further, That none
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PUBLIC LAW 109–54—AUG. 2, 2005
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 Con-
servation 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, $74,824,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which $30,000,000 is for
the State assistance program including $1,587,000 for program
administration: Provided, That none of the funds provided for the
State assistance program may be used to establish a contingency
fund.
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 appropriated to the National Park Service
may be used to implement an agreement for the redevelopment
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 Congress is not in session because of adjourn-
ment 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 support of the proposed
project: Provided further, That in fiscal 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 response to the United
Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to encour-
age employees receiving workers’ compensation benefits pursuant
to chapter 81 of title 5, United States Code, to return to appropriate
positions for which they are medically able.
Ellis Island.
Deadline.
Reports.
16 USC 460l–10a
note.
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PUBLIC LAW 109–54—AUG. 2, 2005
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 authority, 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
correcting 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 Secretary, without further appro-
priation, for use at any unit within the National Park System
to extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. 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 exceed 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 Geological Survey
to perform surveys, investigations, and research covering topog-
raphy, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as author-
ized by law; and to publish and disseminate data relative to the
foregoing activities; $976,035,000, 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
$21,720,000 shall be available until September 30, 2007, for the
operation and maintenance of facilities and deferred maintenance;
of which $1,600,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000
in cost; and of which $177,485,000 shall be available until Sep-
tember 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 activity 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 appropriation shall be used to pay more
than one-half the cost of topographic mapping or water resources
data collection and investigations carried on in cooperation with
States and municipalities.
43 USC 50.
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PUBLIC LAW 109–54—AUG. 2, 2005
ADMINISTRATIVE PROVISIONS
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary shall
be available for the purchase and replacement of passenger motor
vehicles; reimbursement to the General Services Administration
for security guard services; contracting for the furnishing of topo-
graphic maps and for the making of geophysical or other specialized
surveys when it is administratively determined that such proce-
dures are in the public interest; construction and maintenance
of necessary buildings and appurtenant facilities; acquisition of
lands for gauging stations and observation 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 appointed 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 cooperative agreements as defined
in 31 U.S.C. 6302 et seq.: Provided further, That the United States
Geological Survey may enter into contracts or cooperative agree-
ments 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 injuries, and chapter 171 of title 28, United
States Code, relating to tort claims, but shall not be considered
to be Federal employees for any other purposes.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable
to oil, gas, and other minerals leases, permits, licenses and oper-
ating contracts; and for matching grants or cooperative agreements;
including the purchase of not to exceed eight passenger motor
vehicles for replacement only, $153,651,000, of which $78,529,000
shall be available for royalty management activities; 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 adminis-
trative activities performed by the Minerals Management Service
(MMS) over and above the rates in effect on September 30, 1993,
and from additional fees for Outer Continental Shelf administrative
activities established after September 30, 1993: Provided, That
to the extent $122,730,000 in addition to receipts are not realized
from the sources of receipts stated above, the amount needed to
reach $122,730,000 shall be credited to this appropriation 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 acquisitions 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,
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PUBLIC LAW 109–54—AUG. 2, 2005
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 payments: Provided further, That in fiscal year 2006
and thereafter, the MMS may under the royalty-in-kind program,
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 limitation, 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 administra-
tive costs directly related to the royalty-in-kind program: Provided
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 income under the program is equal
to or greater than royalty 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 Liability 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 Sur-
face Mining Control and Reclamation Act of 1977, Public Law
95–87, as amended, including the purchase of not to exceed 10
passenger motor vehicles, for replacement only; $110,435,000: Pro-
vided, That the Secretary 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 affected by coal mining
practices after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending
Office 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 replacement 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
30 USC 1211
note.
30 USC 1758.
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be for supplemental grants to States for the reclamation of aban-
doned sites with acid mine rock drainage from coal mines, and
for associated activities, through the Appalachian 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 authorized 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 res-
toration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That amounts allo-
cated 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 allocation 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 the State of Maryland may set aside the
greater of $1,000,000 or 10 percent of the total of the grants made
available to the State under title IV of the Surface Mining Control
and Reclamation Act of 1977, as amended (30 U.S.C. 1231 et
seq.), if the amount set aside is deposited in an acid mine drainage
abatement and treatment fund established under a State law,
pursuant to which law the amount (together with all interest earned
on the amount) is expended by the State to undertake acid mine
drainage abatement and treatment projects, except that before any
amounts greater than 10 percent of its title IV grants are deposited
in an acid mine drainage abatement and treatment fund, the State
of Maryland must first complete all Surface Mining Control and
Reclamation Act priority one projects: Provided further, That
amounts provided under this heading may be used for the travel
and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training.
ADMINISTRATIVE PROVISION
With funds available for the Technical Innovation and Profes-
sional Services program in this Act, the Secretary may transfer
title for computer hardware, software and other technical equipment
to State and Tribal regulatory 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-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the
Education Amendments 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, $1,991,490,000, to remain available until September
30, 2007 except as otherwise provided herein, of which not to
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exceed $86,462,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not lim-
ited 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 funding agreements
entered into with the Bureau prior to or during fiscal year 2006,
as authorized by such Act, except that tribes and tribal organiza-
tions may use their tribal priority allocations for unmet indirect
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 $464,585,000 for school operations
costs of Bureau-funded 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 $61,667,000 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 Settlement 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 administrative 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 organiza-
tions that enter into grants for the operation on or after July
1, 2005, of Bureau-operated schools: Provided further, That any
forestry funds allocated 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 account: Provided
further, That any such unobligated balances not so transferred
shall expire on September 30, 2008.
CONSTRUCTION
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facili-
ties, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irriga-
tion Project pursuant to Public Law 87–483, $275,637,000, 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 percent of contract authority available
to the Bureau of Indian 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: Provided 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
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PUBLIC LAW 109–54—AUG. 2, 2005
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 sub-
ject 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 performed: 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 standards 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 capabilities: 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 concerning 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 construction 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 Office of the Special Trustee for American Indians Appropriation
for the appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $34,754,000, to remain
available until expended, for implementation 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 implementa-
tion 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 conservation 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 expenses, 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:
Provided 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 operation
of Indian programs by direct expenditure, contracts, cooperative
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PUBLIC LAW 109–54—AUG. 2, 2005
agreements, compacts and grants, either directly or in cooperation
with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management, operation,
and maintenance of the Power Division of the San Carlos Irrigation
Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee 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 (except facilities operations
and maintenance) shall be available 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 between the United States and that tribe, or that
tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau, other than the amounts provided herein for assist-
ance 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 September 1, 1996. No funds
available to the Bureau shall be used to support expanded grades
for any school or dormitory beyond the grade structure in place
or approved by the Secretary of the Interior at each school in
the Bureau 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 before September 1, 1999, may continue to operate
during that period, but only if the charter school pays to the
Bureau 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 programs 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 operation
and employees of a charter school shall not be treated 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
Charter schools.
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PUBLIC LAW 109–54—AUG. 2, 2005
and administrative costs pursuant to a distribution formula based
on section 5(f) of Public Law 101–301, the Secretary shall continue
to distribute 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, $76,883,000, of which:
(1) $69,502,000 shall be available until expended for technical
assistance, including maintenance 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 authorized
by law (48 U.S.C. 1661(c)); grants to the Government of American
Samoa, in addition to current local revenues, for construction and
support of governmental functions; 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 (Public
Law 94–241; 90 Stat. 272); and (2) $7,381,000 shall be available
for salaries and expenses of the Office of Insular Affairs: Provided,
That all financial transactions of the territorial and local govern-
ments herein provided for, including such transactions of all agen-
cies or instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant
grant funding shall be provided according to those terms of the
Agreement of the Special Representatives 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 assist-
ance, 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 appro-
priated to institutionalize 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 avail-
able until expended, as provided for in sections 221(a)(2), 221(b),
and 233 of the Compact of Free Association for the Republic of
48 USC 1469b.
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PUBLIC LAW 109–54—AUG. 2, 2005
Palau; and section 221(a)(2) of the Compacts of Free Association
for the Government of the Republic of the Marshall Islands 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 Department
of the Interior, $127,183,000; of which $7,441,000 is to be derived
from the Land and Water Conservation Fund and shall remain
available until expended; of which not to exceed $8,500 may be
for official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation pay-
ments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines: Provided,
That none of the funds in this Act or previous appropriations
Acts may be used to establish reserves in the Working Capital
Fund account other than for accrued annual leave and depreciation
of equipment without prior approval of the House and Senate
Committees on Appropriations.
PAYMENTS IN LIEU OF TAXES
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901–6907), $236,000,000, of which
not to exceed $400,000 shall be available for administrative
expenses: Provided, That no payment shall be made to otherwise
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 Interior and
any of its component offices and bureaus for the remedial action,
including associated activities, of hazardous waste substances,
pollutants, or contaminants pursuant 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 expended: Provided, That hereafter, 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 activities con-
ducted 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 appropriation: Provided further, That
hereafter 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 cred-
ited to this account.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$55,440,000.
42 USC 9607
note.
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PUBLIC LAW 109–54—AUG. 2, 2005
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$39,116,000.
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 accounting: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs,
‘‘Operation of Indian Programs’’ account; the Office of the Solicitor,
‘‘Salaries and Expenses’’ account; and the Departmental Manage-
ment, ‘‘Salaries and Expenses’’ account: 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 contractor or
grantee: Provided further, That, notwithstanding any other provi-
sion of law, the statute of limitations shall not commence to run
on any claim, including any claim in litigation pending on the
date of the enactment of this Act, concerning losses to or mis-
management 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 withdrawn 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 deposits to Individual Indian Money
or Tribal accounts after September 30, 2002: Provided further,
That erroneous payments that are recovered shall be credited to
and remain available in this account for this purpose.
INDIAN LAND CONSOLIDATION
For consolidation of fractional interests in Indian lands and
expenses 
associated 
with 
redetermining 
and 
redistributing
escheated interests in allotted lands, and for necessary expenses
to carry out the Indian Land Consolidation 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 Bureau of Indian Affairs and Departmental Management
accounts: Provided, That funds provided under this heading may
be expended pursuant to the authorities contained in the provisos
Records.
25 USC 4011
note.
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PUBLIC LAW 109–54—AUG. 2, 2005
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 RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment and restora-
tion 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 available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation,
purchase or through available excess 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 Inspector 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 Working Capital Fund
estimates contained in the Departmental Management budget jus-
tification shall be presented to the Committees on Appropriations
for approval: Provided further, That the Secretary shall provide
a semi-annual report to the Committees on Appropriations on
reimbursable support agreements between the Office of the Sec-
retary 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 emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made avail-
able to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section must be replenished by a supplemental appropriation
which must be requested as promptly as possible.
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
Reports.
Deadlines.
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PUBLIC LAW 109–54—AUG. 2, 2005
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland
fires on or threatening lands under the jurisdiction of the Depart-
ment of the Interior; for the emergency rehabilitation of burned-
over lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage assess-
ment 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 Mining Reclama-
tion 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 regulatory 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 reimbursement
to other Federal agencies for destruction of vehicles, 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 exhausted
within 30 days: Provided further, That all funds used pursuant
to this section 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 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 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. 104. 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. 105. 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,
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PUBLIC LAW 109–54—AUG. 2, 2005
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 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. 107. 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. 108. Notwithstanding any other provision of law, in fiscal
years 2006 through 2010, 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 proceeding conducted by an Indian pro-
bate judge, appointed by the Secretary without regard to the provi-
sions 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. 109. 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,
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 2006. Under circumstances of dual enrollment, overlap-
ping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
SEC. 110. (a) For fiscal year 2006 and each succeeding fiscal
year, any funds made available by this Act for the Southwest
Indian Polytechnic Institute and Haskell Indian Nations University
for postsecondary programs of the Bureau of Indian Affairs in
excess of the amount made available for those postsecondary pro-
grams for fiscal year 2005 shall be allocated in direct proportion
to the need of the schools, as determined in accordance with the
postsecondary funding formula adopted by the Office of Indian
Education Programs.
(b) For fiscal year 2007 and each succeeding fiscal year, the
Bureau of Indian Affairs shall use the postsecondary funding for-
mula adopted by the Office of Indian Education Programs based
on the needs of the Southwest Indian Polytechnic Institute and
Haskell Indian Nations University to justify the amounts submitted
as part of the budget request of the Department of the Interior.
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PUBLIC LAW 109–54—AUG. 2, 2005
SEC. 111. 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. 112. 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. 113. Funds provided in this Act for Federal land acquisi-
tion by the National Park Service for Shenandoah Valley Battle-
fields National Historic District and Ice Age National Scenic Trail,
and funds provided in division E of Public Law 108–447 (118
Stat. 3050) for land acquisition at the Niobrara National Scenic
River, may be used for a grant to a State, a local government,
or any other land management entity for the acquisition of lands
without regard to any restriction on the use of Federal land acquisi-
tion funds provided through the Land and Water Conservation
Fund Act of 1965 as amended.
SEC. 114. 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. 115. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey 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. 116. 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, appointed by the United States
District Court for the District 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. 117. The Secretary of the Interior may use discretionary
funds to pay private attorney 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 pay-
ments 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. 118. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endan-
gered 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
New Jersey.
Ellis Island.
Procedures.
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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. 119. (a) IN GENERAL.—Nothing in section 134 of the
Department of the Interior and Related Agencies Appropriations
Act, 2002 (115 Stat. 443) affects the decision 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 Appropria-
tions 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. 120. 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. 121. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory 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. 122. Notwithstanding any implementation of the Depart-
ment 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 method-
ology as funds were distributed in fiscal year 2003. This Demonstra-
tion Project shall continue to operate separate and apart from
the Department of the Interior’s trust reform and reorganization
and the Department shall not impose its trust management infra-
structure upon or alter the existing trust resource management
systems of the above referenced tribes having a self-governance
compact and operating in accordance with the Tribal Self-Govern-
ance 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 Secretary 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 Department 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. 123. Notwithstanding any provision of law, including 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 renewed. The Animal Unit Months con-
tained in the most recently expired nonrenewable grazing permit,
authorized between March 1, 1997, and February 28, 2003, shall
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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. 124. 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 facili-
ties 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 consideration),
or by exchange; and the Secretary is authorized to negotiate and
enter into leases, subleases, concession contracts or other agree-
ments for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
SEC. 125. Upon the request of the permittee for the Clark
Mountain Allotment lands adjacent to the Mojave National Pre-
serve, the Secretary shall also issue a special use permit for that
portion of the grazing allotment located within the Preserve. The
special use permit shall be issued with the same terms and condi-
tions as the most recently-issued permit for that allotment and
the Secretary shall consider the permit to be one transferred in
accordance with section 325 of Public Law 108–108.
SEC. 126. Notwithstanding any other provision of law, the
National Park Service final winter use rules published 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. 127. Section 1121(d) of the Education Amendments of
1978 (25 U.S.C. 2001(d)) is amended by striking paragraph (7)
and inserting the following:
‘‘(7) APPROVAL OF INDIAN TRIBES.—The Secretary shall not
terminate, close, consolidate, contract, transfer to another
authority, or take any other action relating to an elementary
school or secondary school (or any program of such a school)
of an Indian tribe without the approval of the governing body
of any Indian tribe that would be affected by such an action.’’.
SEC. 128. Section 108(e) of the Act entitled ‘‘An Act to establish
the Kalaupapa National Historical Park in the State of Hawaii,
and for other purposes’’ (16 U.S.C. 410jj–7) is amended by striking
‘‘twenty-five years from’’ and inserting ‘‘on the date that is 45
years after’’.
SEC. 129. Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
‘‘September 30, 2005,’’ and inserting ‘‘June 30, 2006,’’.
SEC. 130. None of the funds in this or any other Act may
be used to set up Centers of Excellence and Partnership Skills
Bank training without prior approval of the House and Senate
Committees on Appropriations.
SEC. 131. Section 114 of the Department of the Interior and
Related Agencies Appropriations Act, 2003 (16 U.S.C. 460bb–3 note;
117 Stat. 239; division F of Public Law 108–7), is amended—
(1) in the second sentence, by inserting ‘‘, including utility
expenses of the National Park Service or lessees of the National
Park Service’’ after ‘‘Fort Baker properties’’; and
Applicability.
Effective date.
Mojave National
Preserve.
New York.
New Jersey.
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PUBLIC LAW 109–54—AUG. 2, 2005
(2) by inserting between the first and second sentences
the following: ‘‘In furtherance of a lease entered into under
the first sentence, the Secretary of the Interior or a lessee
may impose fees on overnight lodgers for the purpose of cov-
ering the cost of providing utilities and transportation services
at Fort Baker properties at a rate not to exceed the annual
cost of providing these services.’’.
SEC. 132. (a) Section 813(a) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6812(a)) is amended by striking ‘‘and
(i)’’ and inserting ‘‘and (i) (except for paragraph (1)(C))’’.
(b) Section 4(i)(1)(C)(i) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–6a(i)(1)(C)(i)) is amended—
(1) by striking ‘‘Notwithstanding subparagraph (A)’’ and
all that follows through ‘‘or section 107’’ and inserting ‘‘Notwith-
standing section 107’’; and
(2) by striking ‘‘account under subparagraph (A)’’ and
inserting ‘‘account under section 807(a) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6806(a))’’.
(c) Except as provided in this section, section 4(i)(1)(C) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
6a(i)(1)(C)) shall be applied and administered as if section 813(a)
of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6812(a)) (and the amendments made by that section) had not been
enacted.
(d) This section and the amendments made by this section
take effect as of December 8, 2004.
SEC. 133. Section 5(c) of the National Trails System Act (16
U.S.C. 1244(c)) is amended by adding at the end the following:
‘‘(43)(A) The Captain John Smith Chesapeake National Historic
Watertrail, a series of routes extending approximately 3,000 miles
along the Chesapeake Bay and the tributaries of the Chesapeake
Bay in the States of Virginia, Maryland, Pennsylvania, and Dela-
ware and the District of Columbia that traces Captain John Smith’s
voyages charting the land and waterways of the Chesapeake Bay
and the tributaries of the Chesapeake Bay.
‘‘(B) The study shall be conducted in consultation with Federal,
State, regional, and local agencies and representatives of the private
sector, including the entities responsible for administering—
‘‘(i) the Chesapeake Bay Gateways and Watertrails Net-
work authorized under the Chesapeake Bay Initiative Act of
1998 (16 U.S.C. 461 note; title V of Public Law 105–312);
and
‘‘(ii) the Chesapeake Bay Program authorized under section
117 of the Federal Water Pollution Control Act (33 U.S.C.
1267).
‘‘(C) The study shall include an extensive analysis of the poten-
tial impacts the designation of the trail as a national historic
watertrail is likely to have on land and water, including docks
and piers, along the proposed route or bordering the study route
that is privately owned at the time the study is conducted.’’.
SEC. 134. (a) Notwithstanding section 508(c) of the Omnibus
Parks and Public Lands Management Act of 1996 (40 U.S.C. 8903
note; Public Law 104–333) there is hereby appropriated to the
Secretary of the Interior $10,000,000, to remain available until
expended, for necessary expenses for the Memorial to Martin Luther
King, Jr., authorized in that Act.
Captain John
Smith.
Effective date.
16 USC 460l–6a
note.
Applicability.
16 USC 460l–6a
note.
16 USC 460l–6a,
6812.
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PUBLIC LAW 109–54—AUG. 2, 2005
(b) The funds appropriated in subsection (a) shall only be
made available after the entire amount is matched by non-Federal
contributions (not including in-kind contributions) that are pledged
and received after July 26, 2005, but prior to the date specified
in subsection (c).
(c) Section 508(b)(2) of the Omnibus Parks and Public Lands
Management Act of 1996 is amended by striking ‘‘November 12,
2006’’ and inserting ‘‘November 12, 2008’’.
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 Environmental 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; serv-
ices as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376; procurement
of laboratory equipment and supplies; other operating expenses
in support of research and development; construction, alteration,
repair, rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $741,722,000, to remain available until Sep-
tember 30, 2007.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For environmental programs and management, including nec-
essary expenses, not otherwise provided for, for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901–5902; services as author-
ized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft; purchase
of reprints; library memberships in societies or associations which
issue publications to members only or at a price to members lower
than to subscribers who are not members; construction, alteration,
repair, rehabilitation, and renovation of facilities, not to exceed
$85,000 per project; and not to exceed $19,000 for official reception
and representation expenses, $2,381,752,000, to remain available
until September 30, 2007, including administrative costs of the
brownfields program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, and for construction, alteration, repair, rehabilitation,
and renovation of facilities, not to exceed $85,000 per project,
$37,455,000, to remain available until September 30, 2007.
40 USC 8903
note.
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BUILDINGS AND FACILITIES
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
the Environmental Protection Agency, $40,218,000, to remain avail-
able until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $85,000
per project; $1,260,621,000, to remain available until expended,
consisting of such sums as are available in the Trust Fund upon
the date of enactment of this Act as authorized by section 517(a)
of the Superfund Amendments and Reauthorization Act of 1986
(SARA) and up to $1,260,621,000 as a payment from general reve-
nues to the Hazardous Substance Superfund for purposes as author-
ized by section 517(b) of SARA, as amended: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading,
$13,536,000 shall be transferred to the ‘‘Office of Inspector General’’
appropriation to remain available until September 30, 2007, and
$30,606,000 shall be transferred to the ‘‘Science and Technology’’
appropriation to remain available until September 30, 2007.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
For necessary expenses to carry out leaking underground stor-
age tank cleanup activities authorized by section 205 of the Super-
fund Amendments and Reauthorization Act of 1986, and for
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project, $73,027,000, to remain
available until expended.
OIL SPILL RESPONSE
For expenses necessary to carry out the Environmental Protec-
tion Agency’s responsibilities under the Oil Pollution Act of 1990,
$15,863,000, to be derived from the Oil Spill Liability trust fund,
to remain available until expended.
STATE AND TRIBAL ASSISTANCE GRANTS
(INCLUDING RESCISSIONS OF FUNDS)
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,261,696,000, to remain avail-
able until expended, of which $900,000,000 shall be for making
capitalization grants for the Clean Water State Revolving Funds
under title VI of the Federal Water Pollution Control Act, as
amended (the ‘‘Act’’); of which up to $50,000,000 shall be available
for loans, including interest free loans as authorized by 33 U.S.C.
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1383(d)(1)(A), to municipal, inter-municipal, interstate, or State
agencies or nonprofit entities for projects that provide treatment
for or that minimize sewage or stormwater discharges using one
or more approaches which include, but are not limited to, decentral-
ized or distributed stormwater controls, decentralized wastewater
treatment, low-impact development practices, conservation ease-
ments, stream buffers, or wetlands restoration; $850,000,000 shall
be for capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act, as
amended, except that, notwithstanding section 1452(n) of the Safe
Drinking Water Act, as amended, hereafter none of the funds made
available under this heading in this or previous appropriations
Acts shall be reserved by the Administrator for health effects studies
on drinking water contaminants; $50,000,000 shall be for architec-
tural, engineering, planning, design, construction and related activi-
ties in connection with the construction of high priority water
and wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border commission;
$35,000,000 shall be for grants to the State of Alaska to address
drinking water and waste infrastructure needs of rural and Alaska
Native Villages: Provided, That, of these funds: (1) the State of
Alaska shall provide a match of 25 percent; (2) no more than
5 percent of the funds may be used for administrative and overhead
expenses; and (3) not later than October 1, 2005 the State of
Alaska shall make awards consistent with the State-wide priority
list established in 2004 for all water, sewer, waste disposal, and
similar projects carried out by the State of Alaska that are funded
under section 221 of the Federal Water Pollution Control Act (33
U.S.C. 1301) or the Consolidated Farm and Rural Development
Act (7 U.S.C. 1921 et seq.) which shall allocate not less than
25 percent of the funds provided for projects in regional hub commu-
nities; $200,000,000 shall be for making special project grants for
the construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with
the terms and conditions specified for such grants in the joint
explanatory statement of the managers accompanying this Act,
and, for purposes of these grants, each grantee shall contribute
not less than 45 percent of the cost of the project unless the
grantee is approved for a waiver by the Agency; $90,000,000 shall
be to carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as
amended, including grants, interagency agreements, and associated
program support costs; $7,000,000 for making cost-shared grants
for school bus retrofit and replacement projects that reduce diesel
emissions; and $1,129,696,000 shall be for grants, including associ-
ated program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control agen-
cies for multi-media or single media pollution prevention, control
and abatement and related activities, including activities pursuant
to the provisions set forth under this heading in Public Law 104–
134, and for making grants under section 103 of the Clean Air
Act for particulate matter monitoring and data collection activities
subject to terms and conditions specified by the Administrator,
of which $50,000,000 shall be for carrying out section 128 of
CERCLA, as amended, $20,000,000 shall be for Environmental
Information Exchange Network grants, including associated pro-
gram support costs, and $16,856,000 shall be for making competitive
Alaska.
Deadline.
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PUBLIC LAW 109–54—AUG. 2, 2005
targeted watershed grants: Provided further, That for fiscal year
2006 and thereafter, State authority under section 302(a) of Public
Law 104–182 shall remain in effect: Provided further, That notwith-
standing section 603(d)(7) of the Federal Water Pollution Control
Act, the limitation on the amounts in a State water pollution
control revolving fund that may be used by a State to administer
the fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2006 and prior years where
such amounts represent costs of administering the fund to the
extent that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the
fund, and used for eligible purposes of the fund, including adminis-
tration: Provided further, That for fiscal year 2006, and notwith-
standing section 518(f) of the Act, the Administrator is authorized
to use the amounts appropriated for any fiscal year under section
319 of that Act to make grants to Indian tribes pursuant to sections
319(h) and 518(e) of that Act: Provided further, That for fiscal
year 2006, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 11⁄2 percent of the funds appro-
priated for State Revolving Funds under title VI of that Act may
be reserved by the Administrator for grants under section 518(c)
of that Act: Provided further, That no funds provided by this legisla-
tion to address the water, wastewater and other critical infrastruc-
ture needs of the colonias in the United States along the United
States-Mexico border shall be made available to a county or munic-
ipal government unless that government has established an enforce-
able local ordinance, or other zoning rule, which prevents in that
jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which
lacks water, wastewater, or other necessary infrastructure: Provided
further, That, notwithstanding this or any other appropriations
Act, heretofore and hereafter, after consultation with the House
and Senate Committees on Appropriations and for the purpose
of making technical corrections, the Administrator is authorized
to award grants under this heading to entities and for purposes
other than those listed in the joint explanatory statements of the
managers accompanying the Agency’s appropriations Acts for the
construction of drinking water, wastewater and stormwater infra-
structure and for water quality protection.
In addition, $80,000,000 is hereby rescinded from prior year
funds in appropriation accounts available to the Environmental
Protection Agency: Provided, That such rescissions shall be taken
solely from amounts associated with grants, contracts, and inter-
agency agreements whose availability, under the original project
period for such grant or interagency agreement or contract period
for such contract, has expired: Provided further, That such rescis-
sions shall include funds that were appropriated under this heading
for special project grants in fiscal year 2000 or earlier that have
not been obligated on an approved grant by September 1, 2006.
ADMINISTRATIVE PROVISIONS
For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency’s function to implement directly Federal
environmental programs required or authorized by law in the
33 USC 1377
note.
33 USC 1377
note.
42 USC 300j–12
note.
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absence of an acceptable tribal program, may award cooperative
agreements to federally-recognized Indian Tribes or Intertribal con-
sortia, if authorized by their member Tribes, to assist the Adminis-
trator in implementing Federal environmental programs for Indian
Tribes required or authorized by law, except that no such coopera-
tive agreements may be awarded from funds designated for State
financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (as added by subsection (f)(2) of the Pesticide
Registration Improvement Act of 2003), as amended.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated
funds for fiscal year 2006 may be used to award grants or loans
under section 104(k) of CERCLA to eligible entities that satisfy
all of the elements set forth in CERCLA section 101(40) to qualify
as a bona fide prospective purchaser except that the date of acquisi-
tion of the property was prior to the date of enactment of the
Small Business Liability Relief and Brownfield Revitalization Act
of 2001.
For fiscal years 2006 through 2011, the Administrator may,
after consultation with the Office of Personnel Management, make
not to exceed five appointments in any fiscal year under the
authority provided in 42 U.S.C. 209 for the Office of Research
and Development.
Beginning in fiscal year 2006 and thereafter, and notwith-
standing section 306 of the Toxic Substances Control Act, the Fed-
eral share of the cost of radon program activities implemented
with Federal assistance under section 306 shall not exceed 60
percent in the third and subsequent grant years.
GENERAL PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY
SEC. 201. None of the funds made available by this Act may
be used by the Administrator of the Environmental Protection
Agency to accept, consider or rely on third-party intentional dosing
human toxicity studies for pesticides, or to conduct intentional
dosing human toxicity studies for pesticides until the Administrator
issues a final rulemaking on this subject. The Administrator shall
allow for a period of not less than 90 days for public comment
on the Agency’s proposed rule before issuing a final rule. Such
rule shall not permit the use of pregnant women, infants or children
as subjects; shall be consistent with the principles proposed in
the 2004 report of the National Academy of Sciences on intentional
human dosing and the principles of the Nuremberg Code with
respect to human experimentation; and shall establish an inde-
pendent Human Subjects Review Board. The final rule shall be
issued no later than 180-days after enactment of this Act.
SEC. 202. None of the funds made available by this Act may
be used in contravention of, or to delay the implementation of,
Executive Order No. 12898 of February 11, 1994 (59 Fed. Reg.
7629; relating to Federal actions to address environmental justice
in minority populations and low-income populations).
SEC. 203. None of the funds made available in this Act may
be used to finalize, issue, implement, or enforce the proposed policy
of the Environmental Protection Agency entitled ‘‘National Pollutant
Discharge Elimination System (NPDES) Permit Requirements for
Deadline.
Deadline.
Public
information.
Regulations.
Human dosing.
Establishment.
Effective date.
15 USC 2666
note.
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Municipal Wastewater Treatment During Wet Weather Conditions’’,
dated November 3, 2003 (68 Fed. Reg. 63042).
SEC. 204. None of the funds made available in this Act may
be used in contravention of 15 U.S.C. 2682(c)(3) or to delay the
implementation of that section.
SEC. 205. None of the funds provided in this Act or any other
Act may be used by the Environmental Protection Agency (EPA)
to publish proposed or final regulations pursuant to the require-
ments of section 428(b) of division G of Public Law 108–199 until
the Administrator of the Environmental Protection Agency, in
coordination with other appropriate Federal agencies, has completed
and published a technical study to look at safety issues, including
the risk of fire and burn to consumers in use, associated with
compliance with the regulations. Not later than 6 months after
the date of enactment of this Act, the Administrator shall complete
and publish the technical study.
TITLE III—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $283,094,000, to remain available until
expended: Provided, That of the funds provided, $60,267,000 is
for the forest inventory and analysis program.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions,
and others, and for forest health management, including treatments
of pests, pathogens, and invasive or noxious plants and for restoring
and rehabilitating forests damaged by pests or invasive plants,
cooperative forestry, and education and land conservation activities
and 
conducting 
an 
international 
program 
as 
authorized,
$283,577,000, to remain available until expended, as authorized
by law of which $57,380,000 is to be derived from the Land and
Water Conservation Fund: Provided, That none of the funds pro-
vided under this heading for the acquisition of lands or interests
in lands shall be available until the Forest Service notifies the
House Committee on Appropriations and the Senate Committee
on Appropriations, in writing, of specific contractual and grant
details including the non-Federal cost share: Provided further, That
of the funds provided herein, $1,000,000 shall be provided to Custer
County, Idaho, for economic development in accordance with the
Central Idaho Economic Development and Recreation Act, subject
to authorization: Provided further, That notwithstanding any other
provision of law, of the funds provided under this heading, an
advance lump sum payment of $1,000,000 shall be made available
to Madison County, North Carolina, for a forest recreation center,
and a similar $500,000 payment shall be made available to
Folkmoot USA in Haywood County, North Carolina, for Appalachian
folk programs including forest crafts.
Deadline.
Publication.
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NATIONAL FOREST SYSTEM
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, $1,424,348,000, to remain avail-
able until expended, which shall include 50 percent of all moneys
received during prior fiscal years as fees collected under the Land
and Water Conservation Fund Act of 1965, as amended, in accord-
ance with section 4 of the Act (16 U.S.C. 460l–6a(i)): Provided,
That unobligated balances under this heading available at the
start of fiscal year 2006 shall be displayed by budget line item
in the fiscal year 2007 budget justification: Provided further, That
of the funds provided under this heading for Forest Products,
$5,000,000 shall be allocated to the Alaska Region, in addition
to its normal allocation for the purposes of preparing additional
timber for sale, to establish a 3-year timber supply and such funds
may be transferred to other appropriations accounts as necessary
to maximize accomplishment: Provided further, That within funds
available for the purpose of implementing the Valles Caldera
Preservation Act, notwithstanding the limitations of section
107(e)(2) of the Valles Caldera Preservation Act (Public Law 106–
248), for fiscal year 2006, the Chair of the Board of Trustees
of the Valles Caldera Trust may receive, upon request, compensation
for each day (including travel time) that the Chair is engaged
in the performance of the functions of the Board, except that com-
pensation shall not exceed the daily equivalent of the annual rate
in effect for members of the Senior Executive Service at the ES–
1 level, and shall be in addition to any reimbursement for travel,
subsistence and other necessary expenses incurred by the Chair
in the performance of the Chair’s duties.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, hazardous fuels reduction on or adjacent to such lands,
and for emergency rehabilitation of burned-over National Forest
System lands and water, $1,779,395,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this heading, are available for repayment of advances from
other appropriations accounts previously transferred for such pur-
poses: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided
in response to wildfire and other emergencies or disasters to the
extent such reimbursements by the Forest Service for non-fire emer-
gencies are fully repaid by the responsible emergency management
agency: Provided further, That not less than 50 percent of any
unobligated balances remaining (exclusive of amounts for hazardous
fuels reduction) at the end of fiscal year 2005 shall be transferred
to the fund established pursuant to section 3 of Public Law 71–
319 (16 U.S.C. 576 et seq.) if necessary to reimburse the fund
for unpaid past advances: Provided further, That, notwithstanding
any other provision of law, $8,000,000 of funds appropriated under
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this appropriation shall be used for Fire Science Research in support
of the Joint Fire Science Program: Provided further, That all
authorities for the use of funds, including the use of contracts,
grants, and cooperative agreements, available to execute the Forest
and Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research: Provided fur-
ther, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities
in the urban-wildland interface, support to Federal emergency
response, and wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $286,000,000 is for
hazardous fuels reduction activities, $6,281,000 is for rehabilitation
and restoration, $23,219,000 is for research activities and to make
competitive research grants pursuant to the Forest and Rangeland
Renewable Resources Research Act, as amended (16 U.S.C. 1641
et seq.), $46,500,000 is for State fire assistance, $7,889,000 is for
volunteer fire assistance, $15,000,000 is for forest health activities
on Federal lands and $10,000,000 is for forest health activities
on State and private lands: Provided further, That amounts in
this paragraph may be transferred to the ‘‘State and Private For-
estry’’, ‘‘National Forest System’’, and ‘‘Forest and Rangeland
Research’’ accounts to fund State fire assistance, volunteer fire
assistance, forest health management, forest and rangeland
research, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and res-
toration: Provided further, That transfers of any amounts in excess
of those authorized in this paragraph, shall require approval of
the House and Senate Committees on Appropriations in compliance
with reprogramming procedures contained in the report accom-
panying this Act: Provided further, That funds provided under
this heading for hazardous fuels treatments may be transferred
to and made a part of the ‘‘National Forest System’’ account at
the sole discretion of the Chief of the Forest Service thirty days
after notifying the House and the Senate Committees on Appropria-
tions: Provided further, That the costs of implementing any coopera-
tive agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That in addition to funds provided for
State Fire Assistance programs, and subject to all authorities avail-
able to the Forest Service under the State and Private Forestry
Appropriation, up to $15,000,000 may be used on adjacent non-
Federal lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest lands
that have the potential to place such communities at risk: Provided
further, That included in funding for hazardous fuel reduction is
$5,000,000 for implementing the Community Forest Restoration
Act, Public Law 106–393, title VI, and any portion of such funds
shall be available for use on non-Federal lands in accordance with
authorities available to the Forest Service under the State and
Private Forestry Appropriation: Provided further, That the Sec-
retary of the Interior and the Secretary of Agriculture may authorize
the transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $9,000,000, between the
Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and projects:
Provided further, That of the funds provided for hazardous fuels
reduction, not to exceed $5,000,000, may be used to make grants,
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using any authorities available to the Forest Service under the
State and Private Forestry appropriation, for the purpose of creating
incentives for increased use of biomass from national forest lands:
Provided further, That funds designated for wildfire suppression
shall be assessed for indirect costs on the same basis as such
assessments are calculated against other agency programs.
CAPITAL IMPROVEMENT AND MAINTENANCE
For necessary expenses of the Forest Service, not otherwise
provided for, $441,178,000, to remain available until expended for
construction, reconstruction, maintenance and acquisition of
buildings and other facilities, and for construction, reconstruction,
repair, decommissioning, and maintenance of forest roads and trails
by the Forest Service as authorized by 16 U.S.C. 532–538 and
23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of the
funds provided herein for road maintenance shall be available for
the decommissioning of roads, including unauthorized roads not
part of the transportation system, which are no longer needed:
Provided further, That no funds shall be expended to decommission
any system road until notice and an opportunity for public comment
has been provided on each decommissioning project: Provided fur-
ther, That of funds provided, $3,000,000 is provided for needed
rehabilitation and restoration work at Jarbidge Canyon, Nevada:
Provided further, That the Secretary of Agriculture may authorize
the transfer of up to $1,350,000 as necessary to the Department
of the Interior, Bureau of Land Management and Fish and Wildlife
Service when such transfers would facilitate and expedite needed
rehabilitation work on Bureau of Land Management lands, and
for the Fish and Wildlife Service to implement terms and conditions
identified in the Biological Opinion.
LAND ACQUISITION
For expenses necessary to carry out the provisions of the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C.
460l–4 through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service,
$42,500,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended: Provided further,
That, subject to valid existing rights, all land and interests in
land acquired in the Thunder Mountain area of the Payette National
Forest (including patented claims and land that are encumbered
by unpatented claims or previously appropriated funds under this
section, or otherwise relinquished by a private party) are withdrawn
from mineral entry or appropriation under Federal mining laws,
and from leasing claims under Federal mineral and geothermal
leasing laws.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$1,069,000, to be derived from forest receipts.
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ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant
to Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, as amended, to remain available
until expended, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $64,000, to
remain available until expended, to be derived from the fund estab-
lished pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96–487),
$5,067,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and
hire of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet for use in Forest Service wildland fire programs and other
Forest Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds derived
or trade-in value used to offset the purchase price for the replace-
ment aircraft; (2) services pursuant to 7 U.S.C. 2225, and not
to exceed $100,000 for employment under 5 U.S.C. 3109; (3) pur-
chase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and
interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursu-
ant to the Volunteers in the National Forest Act of 1972 (16 U.S.C.
558a, 558d, and 558a note); (6) the cost of uniforms as authorized
by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close any
regional office for National Forest System administration of the
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Forest Service, Department of Agriculture without the consent of
the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire prepared-
ness due to severe burning conditions upon notification of the
House and Senate Committees on Appropriations and if and only
if all previously appropriated emergency contingent funds under
the heading ‘‘Wildland Fire Management’’ have been released by
the President and apportioned and all wildfire suppression funds
under the heading ‘‘Wildland Fire Management’’ are obligated.
The first transfer of funds into the Wildland Fire Management
account shall include unobligated funds, if available, from the Land
Acquisition account and the Forest Legacy program within the
State and Private Forestry account.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Develop-
ment and the Foreign Agricultural Service in connection with forest
and rangeland research, technical information, and assistance in
foreign countries, and shall be available to support forestry and
related natural resource activities outside the United States and
its territories and possessions, including technical assistance, edu-
cation and training, and cooperation with United States and inter-
national organizations.
None of the funds made available to the Forest Service under
this Act shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2257) or 7 U.S.C. 147b, except that in fiscal year 2006
the Forest Service may transfer funds to the ‘‘National Forest
System’’ account from other agency accounts to enable the agency’s
law enforcement program to pay full operating costs including over-
head.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the re-
programming procedures contained in the report accompanying this
Act.
Not more than $72,646,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture. Nothing in this paragraph shall prohibit
or limit the use of reimbursable agreements requested by the Forest
Service in order to obtain services from the Department of Agri-
culture’s National Information Technology Center.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,500,000 for high priority
projects within the scope of the approved budget which shall be
carried out by the Youth Conservation Corps.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and represen-
tation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, $3,000,000 may
be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for administrative expenses or projects on or benefitting
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National Forest System lands or related to Forest Service programs:
Provided, That of the Federal funds made available to the Founda-
tion, no more than $300,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain, by
the end of the period of Federal financial assistance, private con-
tributions to match on at least one-for-one basis funds made avail-
able by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a non-Federal recipient for a project
at the same rate that the recipient has obtained the non-Federal
matching funds: Provided further, That authorized investments of
Federal funds held by the Foundation may be made only in interest-
bearing obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98–244, $2,650,000
of the funds available to the Forest Service shall be advanced
to the National Fish and Wildlife Foundation in a lump sum to
aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That such
funds shall be matched on at least a one-for-one basis by the
Foundation or its subrecipients.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to sections 14(c)(1) and (2), and section
16(a)(2) of Public Law 99–663.
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations and similar non-litigation related mat-
ters. Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law enforcement
emergencies as necessary to protect natural resources and public
or employee safety: Provided, That such amounts shall not exceed
$500,000.
An eligible individual who is employed in any project funded
under title V of the Older American Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
For each fiscal year through 2009, funds available to the Forest
Service in this Act may be used for the purpose of expenses associ-
ated with primary and secondary schooling for dependents of agency
personnel stationed in Puerto Rico prior to the date of enactment
of this Act, who are subject to transfer and reassignment to other
locations in the United States, at a cost not in excess of those
16 USC 583j–9
note.
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authorized for the Department of Defense for the same area, when
it is determined by the Chief of the Forest Service that public
schools available in the locality are unable to provide adequately
for the education of such dependents.
Funds available to the Forest Service, not to exceed
$35,000,000, shall be assessed for the purpose of performing facili-
ties maintenance. Such assessments shall occur using a square
foot rate charged on the same basis the agency uses to assess
programs for payment of rent, utilities, and other support services.
In support of management of the National Wildlife Refuge
System, Lot 6C of United States Survey 2538–A, containing 2.39
acres and the residential triplex situated thereon, located in Kodiak,
Alaska, is hereby transferred from the USDA Forest Service to
the U.S. Fish and Wildlife Service.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health
Care Improvement Act, and titles II and III of the Public Health
Service 
Act 
with 
respect 
to 
the 
Indian 
Health 
Service,
$2,732,298,000, together with payments received during the fiscal
year pursuant to 42 U.S.C. 238(b) for services furnished by the
Indian Health Service: Provided, That funds made available to
tribes and tribal organizations through contracts, grant agreements,
or any other agreements or compacts authorized by the Indian
Self-Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the grant
or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That up to $18,000,000 shall remain available until
expended, for the Indian Catastrophic Health Emergency Fund:
Provided further, That $507,021,000 for contract medical care shall
remain available for obligation until September 30, 2007: Provided
further, That of the funds provided, up to $27,000,000, to remain
available until expended, shall be used to carry out the loan repay-
ment program under section 108 of the Indian Health Care Improve-
ment Act: Provided further, That funds provided in this Act may
be used for one-year contracts and grants which are to be performed
in two fiscal years, so long as the total obligation is recorded
in the year for which the funds are appropriated: Provided further,
That the amounts collected by the Secretary of Health and Human
Services under the authority of title IV of the Indian Health Care
Improvement Act shall remain available until expended for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act
(exclusive of planning, design, or construction of new facilities):
Provided further, That funding contained herein, and in any earlier
appropriations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain avail-
able until expended: Provided further, That amounts received by
tribes and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations until
Reports.
Records.
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expended: Provided further, That, notwithstanding any other provi-
sion of law, of the amounts provided herein, not to exceed
$268,683,000 shall be for payments to tribes and tribal organiza-
tions for contract or grant support costs associated with contracts,
grants, self-governance compacts or annual funding agreements
between the Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as amended,
prior to or during fiscal year 2006, of which not to exceed $5,000,000
may be used for contract support costs associated with new or
expanded self-determination contracts, grants, self-governance com-
pacts or annual funding agreements: Provided further, That the
Bureau of Indian Affairs may collect from the Indian Health Service
and tribes and tribal organizations operating health facilities pursu-
ant to Public Law 93–638 such individually identifiable health
information relating to disabled children as may be necessary for
the purpose of carrying out its functions under the Individuals
with Disabilities Education Act, 20 U.S.C. 1400, et seq.: Provided
further, That of the amounts provided to the Indian Health Service,
$15,000,000 is provided for alcohol control, enforcement, prevention,
treatment, sobriety and wellness, and education in Alaska, to be
distributed in accordance with the instruction provided in Senate
Report 109–80: Provided further, That none of the funds may be
used for tribal courts or tribal ordinance programs or any program
that is not directly related to alcohol control, enforcement, preven-
tion, treatment, or sobriety: Provided further, That no more than
15 percent may be used by any entity receiving funding for adminis-
trative overhead including indirect costs.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equip-
ment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and commu-
nity sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environ-
mental health and facilities support activities of the Indian Health
Service, $358,485,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, funds appro-
priated for the planning, design, construction or renovation of health
facilities for the benefit of an Indian tribe or tribes may be used
to purchase land for sites to construct, improve, or enlarge health
or related facilities: Provided further, That not to exceed $500,000
shall be used by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to the
Indian Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service may
be used for sanitation facilities construction for new homes funded
with grants by the housing programs of the United States Depart-
ment of Housing and Urban Development: Provided further, That
not to exceed $1,000,000 from this account and the ‘‘Indian Health
Services’’ account shall be used by the Indian Health Service to
obtain ambulances for the Indian Health Service and tribal facilities
in conjunction with an existing interagency agreement between
Alaska.
Alcohol and
alcohol abuse.
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the Indian Health Service and the General Services Administration:
Provided further, That notwithstanding any other provision of law,
the Indian Health Service is authorized to construct a replacement
health care facility in Nome, Alaska, on land owned by the Norton
Sound Health Corporation: Provided further, That not to exceed
$500,000 shall be placed in a Demolition Fund, available until
expended, to be used by the Indian Health Service for demolition
of Federal buildings.
ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE
Appropriations in this Act to the Indian Health Service shall
be available for services as authorized by 5 U.S.C. 3109 but at
rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when author-
ized under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by 5 U.S.C. 5901–5902; and
for expenses of attendance at meetings which are concerned with
the functions or activities for which the appropriation is made
or which will contribute to improved conduct, supervision, or
management of those functions or activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service facilities,
subject to charges, and the proceeds along with funds recovered
under the Federal Medical Care Recovery Act (42 U.S.C. 2651–
2653) shall be credited to the account of the facility providing
the service and shall be available without fiscal year limitation.
Notwithstanding any other law or regulation, funds transferred
from the Department of Housing and Urban Development to the
Indian Health Service shall be administered under Public Law
86–121 (the Indian Sanitation Facilities Act) and Public Law 93–
638, as amended.
Funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction pur-
poses, shall not be subject to limitations directed at curtailing
Federal travel and transportation.
None of the funds made available to the Indian Health Service
in this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved by
the House and Senate Committees on Appropriations through the
reprogramming process. Personnel ceilings may not be imposed
on the Indian Health Service nor may any action be taken to
reduce the full time equivalent level of the Indian Health Service
below the level in fiscal year 2002 adjusted upward for the staffing
of new and expanded facilities, funding provided for staffing at
the Lawton, Oklahoma hospital in fiscal years 2003 and 2004,
critical positions not filled in fiscal year 2002, and staffing necessary
to carry out the intent of Congress with regard to program increases.
Notwithstanding any other provision of law, funds previously
or herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized by title I or title V
of the Indian Self-Determination and Education Assistance Act
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of 1975 (25 U.S.C. 450), may be deobligated and reobligated to
a self-determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation.
None of the funds made available to the Indian Health Service
in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the Department
of Health and Human Services, relating to the eligibility for the
health care services of the Indian Health Service until the Indian
Health Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and such
request has been included in an appropriations Act and enacted
into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health Service
is authorized to provide goods and services to those entities, on
a reimbursable basis, including payment in advance with subse-
quent adjustment. The reimbursements received therefrom, along
with the funds received from those entities pursuant to the Indian
Self-Determination Act, may be credited to the same or subsequent
appropriation account which provided the funding. Such amounts
shall remain available until expended.
Reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance.
The appropriation structure for the Indian Health Service may
not be altered without advance notification to the House and Senate
Committees on Appropriations.
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of Environ-
mental Health Sciences in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980, as amended, and section 126(g)
of the Superfund Amendments and Reauthorization Act of 1986,
$80,289,000.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth
in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amend-
ments and Reauthorization Act of 1986 (SARA), as amended; and
section 3019 of the Solid Waste Disposal Act, as amended,
$76,024,000, of which up to $1,500,000, to remain available until
expended, is for Individual Learning Accounts for full-time equiva-
lent employees of the Agency for Toxic Substances and Disease
Registry: Provided, That notwithstanding any other provision of
law, in lieu of performing a health assessment under section
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104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical evalua-
tions, medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Adminis-
trator of ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the funds
appropriated under this heading shall be available for ATSDR
to issue in excess of 40 toxicological profiles pursuant to section
104(i) of CERCLA during fiscal year 2006, and existing profiles
may be updated as necessary.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Quality Improvement Act of 1970, and Reorga-
nization Plan No. 1 of 1977, and not to exceed $750 for official
reception and representation expenses, $2,717,000: Provided, That
notwithstanding section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and duties
of the Council.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire
of passenger vehicles, uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C.
3109 but at rates for individuals not to exceed the per diem equiva-
lent to the maximum rate payable for senior level positions under
5 U.S.C. 5376, $9,200,000: Provided, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more than
three career Senior Executive Service positions: Provided further,
That notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the Environmental
Protection Agency (EPA) shall, by virtue of such appointment, also
hold the position of Inspector General of the Board: Provided fur-
ther, That notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of Inspector
General of EPA in performing the duties of the Inspector General
of the Board, and shall not appoint any individuals to positions
within the Board.
5 USC app. 8G
note.
42 USC 4342
note.
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OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $8,601,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to 25 U.S.C. 640d–10.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND
ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99–498, as amended (20 U.S.C. 56 part A), $6,300,000.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and perform-
ances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease (for terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for services as
authorized by 5 U.S.C. 3109; up to five replacement passenger
vehicles; purchase, rental, repair, and cleaning of uniforms for
employees, $524,281,000, of which not to exceed $10,992,000 for
the instrumentation program, collections acquisition, exhibition re-
installation, the National Museum of African American History
and Culture, and the repatriation of skeletal remains program
shall remain available until expended; and of which $9,086,000
for the reopening of the Patent Office Building and for fellowships
and scholarly awards shall remain available until September 30,
2007; and including such funds as may be necessary to support
American overseas research centers and a total of $125,000 for
the Council of American Overseas Research Centers: Provided, That
funds appropriated herein are available for advance payments to
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independent contractors performing research services or partici-
pating in official Smithsonian presentations: Provided further, That
the Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments for long term
and swing space, as rent payable to the Smithsonian Institution,
and such rent payments may be deposited into the general trust
funds of the Institution to the extent that federally supported
activities are housed in the 900 H Street, N.W. building in the
District of Columbia: Provided further, That this use of Federal
appropriations shall not be construed as debt service, a Federal
guarantee of, a transfer of risk to, or an obligation of, the Federal
Government: Provided further, That no appropriated funds may
be used to service debt which is incurred to finance the costs
of acquiring the 900 H Street building or of planning, designing,
and constructing improvements to such building.
FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and alteration
of facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of
August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $100,000,000, to remain available until
expended, of which not to exceed $10,000 is for services as author-
ized by 5 U.S.C. 3109: Provided, That contracts awarded for environ-
mental systems, protection systems, and repair or restoration of
facilities of the Smithsonian Institution may be negotiated with
selected contractors and awarded on the basis of contractor quali-
fications as well as price.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be used
to make any changes to the existing Smithsonian science programs
including closure of facilities, relocation of staff or redirection of
functions and programs without the advance approval of the House
and Senate Committees on Appropriations.
None of the funds in this or any other Act may be used
to initiate the design for any proposed expansion of current space
or new facility without consultation with the House and Senate
Appropriations Committees.
None of the funds in this or any other Act may be used
for the Holt House located at the National Zoological Park in
Washington, D.C., unless identified as repairs to minimize water
damage, monitor structure movement, or provide interim structural
support.
None of the funds available to the Smithsonian may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the re-
programming procedures contained in the statement of the man-
agers accompanying this Act.
None of the funds in this or any other Act may be used
to purchase any additional buildings without prior consultation
with the House and Senate Committees on Appropriations.
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119 STAT. 546
PUBLIC LAW 109–54—AUG. 2, 2005
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administra-
tive expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),
including services as authorized by 5 U.S.C. 3109; payment in
advance when authorized by the treasurer of the Gallery for mem-
bership in library, museum, and art associations or societies whose
publications or services are available to members only, or to mem-
bers at a price lower than to the general public; purchase, repair,
and cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $96,600,000, of which not to exceed $3,157,000
for the special exhibition program shall remain available until
expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, as authorized,
$16,200,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems,
and exterior repair or renovation of buildings of the National Gal-
lery of Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price: Provided
further, That, notwithstanding any other provision of law, a single
procurement for the Master Facilities Plan renovation project at
the National Gallery of Art may be issued which includes the
full scope of the Work Area #3 project: Provided further, That
the solicitation and the contract shall contain the clause ‘‘avail-
ability of funds’’ found at 48 CFR 52.232.18.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$17,800,000.
CONSTRUCTION
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $13,000,000, to remain available
until expended.
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PUBLIC LAW 109–54—AUG. 2, 2005
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $9,201,000.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$126,264,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the arts
through assistance to organizations and individuals pursuant to
sections 5(c) and 5(g) of the Act, including $17,922,000 for support
of arts education and public outreach activities through the Chal-
lenge America program, for program support, and for administering
the functions of the Act, to remain available until expended: Pro-
vided, That funds previously appropriated to the National Endow-
ment for the Arts ‘‘Matching Grants’’ account and ‘‘Challenge
America’’ account may be transferred to and merged with this
account: Provided further, That funds appropriated herein shall
be expended in accordance with sections 309 and 311 of Public
Law 108–108.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$127,605,000, shall be available to the National Endowment for
the Humanities for support of activities in the humanities, pursuant
to section 7(c) of the Act, and for administering the functions
of the Act, to remain available until expended.
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as
amended, $15,449,000, to remain available until expended, of which
$10,000,000 shall be available to the National Endowment for the
Humanities for the purposes of section 7(h): Provided, That this
appropriation shall be available for obligation only in such amounts
as may be equal to the total amounts of gifts, bequests, and devises
of money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appro-
priated.
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PUBLIC LAW 109–54—AUG. 2, 2005
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve
grants up to $10,000, if in the aggregate this amount does not
exceed 5 percent of the sums appropriated for grant-making pur-
poses per year: Provided further, That such small grant actions
are taken pursuant to the terms of an expressed and direct delega-
tion of authority from the National Council on the Arts to the
Chairperson.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
For expenses made necessary by the Act establishing a Commis-
sion of Fine Arts (40 U.S.C. 104), $1,893,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended with-
out further appropriation.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956a), as amended, $7,250,000.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665, as amended), $4,860,000: Pro-
vided, That none of these funds shall be available for compensation
of level V of the Executive Schedule or higher positions.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71–71i), including services as
authorized by 5 U.S.C. 3109, $8,244,000: Provided, That one-quarter
of 1 percent of the funds provided under this heading may be
used for official reception and representational expenses associated
with hosting international visitors engaged in the planning and
physical development of world capitals.
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119 STAT. 549
PUBLIC LAW 109–54—AUG. 2, 2005
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $42,780,000, of
which $1,874,000 for the museum’s repair and rehabilitation pro-
gram and $1,246,000 for the museum’s exhibition design and
production program shall remain available until expended.
PRESIDIO TRUST
PRESIDIO TRUST FUND
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $20,000,000
shall be available to the Presidio Trust, to remain available until
expended.
WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF
REMEMBRANCE
SALARIES AND EXPENSES
For necessary expenses of the White House Commission on
the National Moment of Remembrance, $250,000.
TITLE IV—GENERAL PROVISIONS
SEC. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 402. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members
of Congress as described in 18 U.S.C. 1913.
SEC. 403. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 404. None of the funds provided in this Act to any depart-
ment or agency shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided
by law.
SEC. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and subactivities
to support government-wide, departmental, agency or bureau
administrative functions or headquarters, regional or central oper-
ations shall be presented in annual budget justifications and subject
to approval by the Committees on Appropriations. Changes to such
estimates shall be presented to the Committees on Appropriations
for approval.
Contracts.
Public
information.
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PUBLIC LAW 109–54—AUG. 2, 2005
SEC. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer provided in, this Act or any other Act.
SEC. 407. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National
Forest System or Bureau of Land Management lands in a manner
different than such sales were conducted in fiscal year 2005.
SEC. 408. (a) LIMITATION OF FUNDS.—None of the funds appro-
priated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) EXCEPTIONS.—The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for the
claim concerned: (1) a patent application was filed with the Sec-
retary on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised Statutes
(30 U.S.C. 29 and 30) for vein or lode claims and sections 2329,
2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36,
and 37) for placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) REPORT.—On September 30, 2006, the Secretary of the
Interior shall file with the House and Senate Committees on Appro-
priations and the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Natural Resources
of the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the Department
of the Interior and Related Agencies Appropriations Act, 1997
(Public Law 104–208).
(d) MINERAL
EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Bureau of Land Management to conduct a mineral examina-
tion of the mining claims or mill sites contained in a patent applica-
tion as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the third-
party contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention
of third-party contractors.
SEC. 409. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau
of Indian Affairs and the Indian Health Service by Public Laws
103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106–113,
106–291, 107–63, 108–7, 108–108, and 108–447 for payments to
tribes and tribal organizations for contract support costs associated
with self-determination or self-governance contracts, grants, com-
pacts, or annual funding agreements with the Bureau of Indian
Affairs or the Indian Health Service as funded by such Acts, are
the total amounts available for fiscal years 1994 through 2005
for such purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority alloca-
tions for unmet contract support costs of ongoing contracts, grants,
self-governance compacts or annual funding agreements.
Contracts.
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SEC. 410. The National Endowment for the Arts and the
National Endowment for the Humanities are hereafter authorized
to solicit, accept, receive, and invest in the name of the United
States, gifts, bequests, or devises of money and other property
or services and to use such in furtherance of the functions of
the National Endowment for the Arts and the National Endowment
for the Humanities. Any proceeds from such gifts, bequests, or
devises, after acceptance by the National Endowment for the Arts
or the National Endowment for the Humanities, shall be paid
by the donor or the representative of the donor to the Chairman.
The Chairman shall enter the proceeds in a special interest-bearing
account to the credit of the appropriate endowment for the purposes
specified in each case.
SEC. 411. No part of any appropriation contained in this Act
shall be expended or obligated to complete and issue the 5-year
program under the Forest and Rangeland Renewable Resources
Planning Act.
SEC. 412. Section 3(a) of the Act of June 9, 1930 (commonly
known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is
amended—
(1) by striking ‘‘or’’ following ‘‘stand of timber,’’ in (3);
and
(2) by striking the period following ‘‘wildlife habitat
management’’ in (4), and inserting ‘‘, or (5) watershed restora-
tion, wildlife habitat improvement, control of insects, disease
and noxious weeds, community protection activities, and the
maintenance of forest roads, within the Forest Service region
in which the timber sale occurred: Provided, That such activities
may be performed through the use of contracts, forest product
sales, and cooperative agreements.’’.
SEC. 413. Amounts deposited during fiscal year 2005 in the
roads and trails fund provided for in the 14th paragraph under
the heading ‘‘FOREST SERVICE’’ of the Act of March 4, 1913
(37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of
Agriculture, without regard to the State in which the amounts
were derived, to repair or reconstruct roads, bridges, and trails
on National Forest System lands or to carry out and administer
projects to improve forest health conditions, which may include
the repair or reconstruction of roads, bridges, and trails on National
Forest System lands in the wildland-community interface where
there is an abnormally high risk of fire. The projects shall empha-
size reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity,
and biological integrity. The projects may be completed in a subse-
quent fiscal year. Funds shall not be expended under this section
to replace funds which would otherwise appropriately be expended
from the timber salvage sale fund. Nothing in this section shall
be construed to exempt any project from any environmental law.
SEC. 414. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach promptly
an individual on-duty with the agency being contacted.
SEC. 415. Prior to October 1, 2006, the Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A)
of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
16 USC 1604
note.
20 USC 959a.
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PUBLIC LAW 109–54—AUG. 2, 2005
have passed without revision of the plan for a unit of the National
Forest System. Nothing in this section exempts the Secretary from
any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other
law: Provided, That if the Secretary is not acting expeditiously
and in good faith, within the funding available, to revise a plan
for a unit of the National Forest System, this section shall be
void with respect to such plan and a court of proper jurisdiction
may order completion of the plan on an accelerated basis.
SEC. 416. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar. Program accomplishments shall be based on volume sold.
Should Region 10 sell, in the current fiscal year, the annual average
portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan in sales which are not
deficit when appraised using a residual value approach that assigns
domestic Alaska values for western redcedar, all of the western
redcedar timber from those sales which is surplus to the needs
of domestic processors in Alaska, shall be made available to
domestic processors in the contiguous 48 United States at prevailing
domestic prices. Should Region 10 sell, in the current fiscal year,
less than the annual average portion of the decadal allowable
sale quantity called for in the Tongass Land Management Plan
in sales which are not deficit when appraised using a residual
value approach that assigns domestic Alaska values for western
redcedar, the volume of western redcedar timber available to
domestic processors at prevailing domestic prices in the contiguous
48 United States shall be that volume: (1) which is surplus to
the needs of domestic processors in Alaska; and (2) is that percent
of the surplus western redcedar volume determined by calculating
the ratio of the total timber volume which has been sold on the
Tongass to the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land Management
Plan. The percentage shall be calculated by Region 10 on a rolling
basis as each sale is sold (for purposes of this amendment, a
‘‘rolling basis’’ shall mean that the determination of how much
western redcedar is eligible for sale to various markets shall be
made at the time each sale is awarded). Western redcedar shall
be deemed ‘‘surplus to the needs of domestic processors in Alaska’’
when the timber sale holder has presented to the Forest Service
documentation of the inability to sell western redcedar logs from
a given sale to domestic Alaska processors at a price equal to
or greater than the log selling value stated in the contract. All
additional western redcedar volume not sold to Alaska or contiguous
48 United States domestic processors may be exported to foreign
markets at the election of the timber sale holder. All Alaska yellow
cedar may be sold at prevailing export prices at the election of
the timber sale holder.
SEC. 417. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
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PUBLIC LAW 109–54—AUG. 2, 2005
allowed under the Presidential proclamation establishing such
monument.
SEC. 418. In entering into agreements with foreign countries
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C.
1856m) the Secretary of Agriculture and the Secretary of the
Interior are authorized to enter into reciprocal agreements in which
the individuals furnished under said agreements to provide wildfire
services are considered, for purposes of tort liability, employees
of the country receiving said services when the individuals are
engaged in fire suppression: Provided, That the Secretary of Agri-
culture or the Secretary of the Interior shall not enter into any
agreement under this provision unless the foreign country (either
directly or through its fire organization) agrees to assume any
and all liability for the acts or omissions of American firefighters
engaged in firefighting in a foreign country: Provided further, That
when an agreement is reached for furnishing fire fighting services,
the only remedies for acts or omissions committed while fighting
fires shall be those provided under the laws of the host country,
and those remedies shall be the exclusive remedies for any claim
arising out of fighting fires in a foreign country: Provided further,
That neither the sending country nor any legal organization associ-
ated with the firefighter shall be subject to any legal action whatso-
ever pertaining to or arising out of the firefighter’s role in fire
suppression.
SEC. 419. Notwithstanding any other provision of law or regula-
tion, to promote the more efficient use of the health care funding
allocation for fiscal year 2006, the Eagle Butte Service Unit of
the Indian Health Service, at the request of the Cheyenne River
Sioux Tribe, may pay base salary rates to health professionals
up to the highest grade and step available to a physician, phar-
macist, or other health professional and may pay a recruitment
or retention bonus of up to 25 percent above the base pay rate.
SEC. 420. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government procure-
ment and contracting laws, the Secretary of Agriculture and the
Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating
bids and proposals, give consideration to local contractors who are
from, and who provide employment and training for, dislocated
and displaced workers in an economically disadvantaged rural
community, including those historically timber-dependent areas
that have been affected by reduced timber harvesting on Federal
lands and other forest-dependent rural communities isolated from
significant alternative employment opportunities: Provided, That
notwithstanding Federal Government procurement and contracting
laws the Secretaries may award contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation Corps
or related partnerships with State, local or non-profit youth groups,
or small or micro-business or disadvantaged business: Provided
further, That the contract, grant, or cooperative agreement is for
forest hazardous fuels reduction, watershed or water quality moni-
toring or restoration, wildlife or fish population monitoring, or
habitat restoration or management: Provided further, That the
terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ shall
have the same meanings as in section 2374 of Public Law 101–
624: Provided further, That the Secretaries shall develop guidance
to implement this section: Provided further, That nothing in this
section shall be construed as relieving the Secretaries of any duty
Guidelines.
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PUBLIC LAW 109–54—AUG. 2, 2005
under applicable procurement laws, except as provided in this sec-
tion.
SEC. 421. No funds appropriated in this Act for the acquisition
of lands or interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations:
Provided, That this provision shall not apply to funds appropriated
to implement the Everglades National Park Protection and Expan-
sion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
SEC. 422. (a) LIMITATION ON COMPETITIVE SOURCING STUDIES.—
(1) Of the funds made available by this or any other Act
to the Department of the Interior for fiscal year 2006, not
more than $3,450,000 may be used by the Secretary of the
Interior to initiate or continue competitive sourcing studies
in fiscal year 2006 for programs, projects, and activities for
which funds are appropriated by this Act until such time as
the Secretary concerned submits a reprogramming proposal
to the Committees on Appropriations of the Senate and the
House of Representatives, and such proposal has been processed
consistent with the reprogramming guidelines included in the
report accompanying this Act.
(2) Of the funds appropriated by this Act, not more than
$3,000,000 may be used in fiscal year 2006 for competitive
sourcing studies and related activities by the Forest Service.
(b) COMPETITIVE SOURCING STUDY DEFINED.—In this section,
the term ‘‘competitive sourcing study’’ means a study on subjecting
work performed by Federal Government employees or private con-
tractors to public-private competition or on converting the Federal
Government employees or the work performed by such employees
to private contractor performance under the Office of Management
and Budget Circular A–76 or any other administrative regulation,
directive, or policy.
(c) COMPETITIVE SOURCING EXEMPTION FOR FOREST SERVICE
STUDIES CONDUCTED PRIOR
TO FISCAL YEAR 2006.—The Forest
Service is hereby exempted from implementing the Letter of Obliga-
tion and post-competition accountability guidelines where a competi-
tive sourcing study involved 65 or fewer full-time equivalents, the
performance decision was made in favor of the agency provider;
no net savings was achieved by conducting the study, and the
study was completed prior to the date of this Act.
(d) In preparing any reports to the Committees on Appropria-
tions on competitive sourcing activities, agencies funded in this
Act shall include the incremental cost directly attributable to con-
ducting the competitive sourcing competitions, including costs
attributable to paying outside consultants and contractors and,
in accordance with full cost accounting principles, all costs attrib-
utable to developing, implementing, supporting, managing, moni-
toring, and reporting on competitive sourcing, including personnel,
consultant, travel, and training costs associated with program
management.
(e) In carrying out any competitive sourcing study involving
Forest Service employees, the Secretary of Agriculture shall—
(1) determine whether any of the employees concerned
are also qualified to participate in wildland fire management
activities; and
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(2) take into consideration the effect that contracting with
a private sector source would have on the ability of the Forest
Service to effectively and efficiently fight and manage wildfires.
SEC. 423. None of the funds in this Act or prior Acts making
appropriations for the Department of the Interior and Related Agen-
cies may be provided to the managing partners or their agents
for the SAFECOM or Disaster Management projects.
SEC. 424. (a) IN GENERAL.—An entity that enters into a contract
with the United States to operate the National Recreation Reserva-
tion Service (as solicited by the solicitation numbered WO–04–
06vm) shall not carry out any duties under the contract using:
(1) a contact center located outside the United States;
or
(2) a reservation agent who does not live in the United
States.
(b) NO WAIVER.—The Secretary of Agriculture may not waive
the requirements of subsection (a).
(c) TELECOMMUTING.—A reservation agent who is carrying out
duties under the contract described in subsection (a) may not tele-
commute from a location outside the United States.
(d) LIMITATIONS.—Nothing in this Act shall be construed to
apply to any employee of the entity who is not a reservation agent
carrying out the duties under the contract described in subsection
(a) or who provides managerial or support services.
SEC. 425. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law
by section 1000(a)(3) of Public Law 106–113; 113 Stat. 1501A–
196; 16 U.S.C. 497 note), as amended, is amended—
(1) in subsection (a) by striking ‘‘2005’’ and inserting ‘‘2006’’;
and
(2) in subsection (b) by striking ‘‘2005’’ and inserting ‘‘2006’’.
SEC. 426. Section 321 of the Department of the Interior and
Related Agencies Appropriations Act, 2003 (division F of Public
Law 108–7; 117 Stat. 274; 16 U.S.C. 565a–1 note) is amended
by striking ‘‘September 30, 2005’’ and inserting ‘‘September 30,
2007’’.
SEC. 427. Section 5 of the Arts and Artifacts Indemnity Act
(20 U.S.C. 974) is amended—
(1) in subsection (b), by striking ‘‘$8,000,000,000’’ and
inserting ‘‘$10,000,000,000’’; and
(2) in subsection (c), by striking ‘‘$600,000,000’’ and
inserting ‘‘$1,200,000,000’’.
SEC. 428. Section 330 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (Public Law 106–291;
114 Stat. 996; 43 U.S.C. 1701 note), is amended—
(1) in the first sentence, by striking ‘‘2005’’ and inserting
‘‘2008’’;
(2) in the first sentence by striking ‘‘may pilot test agency-
wide joint permitting and leasing programs’’ and inserting after
‘‘Congress,’’ the following: ‘‘may establish pilot programs
involving the land management agencies referred to in this
section to conduct projects, planning, permitting, leasing, con-
tracting and other activities, either jointly or on behalf of one
another; may co-locate in Federal offices and facilities leased
by an agency of either Department;’’;
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PUBLIC LAW 109–54—AUG. 2, 2005
(3) in the third sentence, by inserting ‘‘, National Park
Service, Fish and Wildlife Service,’’ after ‘‘Bureau of Land
Management’’; and
(4) by adding at the end the following new sentence: ‘‘To
facilitate the sharing of resources under the Service First initia-
tive, the Secretaries of the Interior and Agriculture may make
transfers of funds and reimbursement of funds on an annual
basis, including transfers and reimbursements for multi-year
projects, except that this authority may not be used to cir-
cumvent requirements and limitations imposed on the use of
funds.’’.
SEC. 429. The Secretary of Agriculture may acquire, by
exchange or otherwise, a parcel of real property, including improve-
ments thereon, of the Inland Valley Development Agency of San
Bernardino, California, or its successors and assigns, generally com-
prising Building No. 3 and Building No. 4 of the former Defense
Finance and Accounting Services complex located at the southwest
corner of Tippecanoe Avenue and Mill Street in San Bernardino,
California, adjacent to the former Norton Air Force Base. As full
consideration for the property to be acquired, the Secretary of
Agriculture may terminate the leasehold rights of the United States
received pursuant to section 8121(a)(2) of the Department of Defense
Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 999).
The acquisition of the property shall be on such terms and condi-
tions as the Secretary of Agriculture considers appropriate and
may be carried out without appraisals, environmental or adminis-
trative surveys, consultations, analyses, or other considerations of
the condition of the property.
SEC. 430. None of the funds in this Act may be used to prepare
or issue a permit or lease for oil or gas drilling in the Finger
Lakes National Forest, New York, during fiscal year 2006.
SEC. 431. (a) IN GENERAL.—
(1) The Secretary of Agriculture and the Secretary of the
Interior are authorized to make grants to the Eastern Nevada
Landscape Coalition for the study and restoration of rangeland
and other lands in Nevada’s Great Basin in order to help
assure the reduction of hazardous fuels and for related pur-
poses.
(2) Notwithstanding 31 U.S.C. 6301–6308, the Director of
the Bureau of Land Management may enter into a cooperative
agreement with the Eastern Nevada Landscape Coalition for
the Great Basin Restoration Project, including hazardous fuels
and mechanical treatments and related work.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
SEC. 432. (a) Section 108(g) of the Valles Caldera Preservation
Act (16 U.S.C. 698v–6(g)) is amended—
(1) in the first sentence, by striking ‘‘The Secretary’’ and
inserting the following:
‘‘(1) LAW ENFORCEMENT.—
‘‘(A) IN GENERAL.—The Secretary’’;
(2) in the second sentence, by striking ‘‘The Trust’’ and
inserting the following:
‘‘(B) FEDERAL AGENCY.—The Trust’’; and
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PUBLIC LAW 109–54—AUG. 2, 2005
(3) by striking ‘‘At the request of the Trust’’ and all that
follows through the end of the subsection and inserting the
following:
‘‘(2) FIRE MANAGEMENT.—
‘‘(A) NON-REIMBURSABLE SERVICES.—
‘‘(i) DEVELOPMENT OF PLAN.—Subject to the avail-
ability of appropriations under section 111(a), the Sec-
retary shall, in consultation with the Trust, develop
a plan to carry out fire preparedness, suppression,
and emergency rehabilitation services on the Preserve.
‘‘(ii) CONSISTENCY WITH MANAGEMENT PROGRAM.—
The plan shall be consistent with the management
program developed pursuant to subsection (d).
‘‘(iii) COOPERATIVE
AGREEMENT.—To the extent
generally authorized at other units of the National
Forest System, the Secretary shall provide the services
to be carried out pursuant to the plan under a coopera-
tive agreement entered into between the Secretary and
the Trust.
‘‘(B) REIMBURSABLE SERVICES.—To the extent generally
authorized at other units of the National Forest System
and subject to the availability of appropriations under sec-
tion 111(a), the Secretary shall provide presuppression and
nonemergency rehabilitation and restoration services for
the Trust at any time on a reimbursable basis.’’.
(b) The amendments made by subsection (a) take effect as
of January 1, 2005.
SEC. 433. None of the funds made available to the Forest
Service under this Act shall be expended or obligated for the demoli-
tion of buildings at the Zephyr Shoals property, Lake Tahoe,
Nevada.
SEC. 434. Section 323(a) of the Department of the Interior
and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011
note; as contained in section 101(e) of Public Law 105–277), is
amended by striking ‘‘fiscal year 1999’’ and all that follows through
‘‘2005’’ and inserting ‘‘each of fiscal years 2006 through 2011’’.
SEC. 435. CONGRESSIONAL SECURITY RELATING
TO CERTAIN
REAL PROPERTY. (a) IN GENERAL.—Except as provided under sub-
section (b)—
(1) the District of Columbia Board of Zoning Adjustments
and the District of Columbia Zoning Commission may not take
any action to grant any variance relating to the property located
at 51 Louisiana Avenue NW, Square 631, Lot 17 in the District
of Columbia; and
(2) if any variance described under paragraph (1) is granted
before the effective date of this section, such variance shall
be set aside and shall have no force or effect.
(b) CONDITIONS FOR VARIANCE.—A variance described under
subsection (a) may be granted or shall be given force or effect
if—
(1) the Capitol Police Board makes a determination that
any such variance shall not—
(A) negatively impact congressional security; and
(B) increase Federal expenditures relating to congres-
sional security;
Effective date.
16 USC 698v–6
note.
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(2) the Majority and Minority Leaders of the Senate and
the Speaker and Minority Leader of the House of Representa-
tives approve such determination; and
(3) the Capitol Police Board certifies the determination
in writing to the District of Columbia Board of Zoning Adjust-
ments and the District of Columbia Zoning Commission.
(c) EFFECTIVE DATE.—This section shall take effect on the date
of enactment of this Act and apply to the remaining portion of
the fiscal year in which enacted and each fiscal year thereafter.
SEC. 436. WISCONSIN
NATIONAL
FOREST
ACQUISITION. (a)
PROSPECTIVE MANAGEMENT REQUIREMENTS.—The Secretary of Agri-
culture is authorized to acquire property located within Sections
1 and 2, Township 44 North, Range 4 West; Section 31, Township
45 North, Range 3 West; and Section 36, Township 45 North,
Range 4 West; Fourth Principal Meridian, Ashland County, State
of Wisconsin, and upon such acquisition, such lands shall be subject
to the special management requirements of subsection (b).
(b) SPECIAL MANAGEMENT.—Subject to valid existing rights of
record, upon acquisition by the Secretary of Agriculture of any
land referenced in subsection (a), that area of the land encompassed
within 300 feet of the ordinary high water mark of the Brunsweiler
River or Beaverdam Lake, whether or not the waterways are
impounded, shall be subject to the laws and regulations pertaining
to the National Forest System with the following management
emphasis:
(1) Enhancing the physical, biological, and cultural features
and values for public use, interpretation, research, and moni-
toring;
(2) Maintenance of the natural character of Brunsweiler
River, whether or not impounded; and
(3) Prohibition of structures, motorized use of trails, devel-
oped recreation facilities, and surface occupancy for mineral
exploration or extraction.
(c) NATIONAL FOREST BOUNDARIES.—Without further action by
the Secretary of Agriculture, the boundaries of the Chequamegon
National Forest are hereby expanded to encompass the lands ref-
erenced in subsection (a).
(d) SAVINGS PROVISION.—Nothing in this section shall be con-
strued to prohibit the maintenance or reconstruction of the existing
dam on the Brunsweiler River, located within the area referenced
in subsection (a).
SEC. 437. In addition to amounts provided to the Department
of the Interior in this Act, $5,000,000 is provided for a grant
to Kendall County, Illinois.
SEC. 438. Section 344 of the Department of the Interior and
Related Agencies Appropriations Act, 2005 as contained in division
E of the Consolidated Appropriations Act, 2005 (Public Law 108–
447) is amended as follows:
(1) by striking ‘‘seven’’, ‘‘14910001,’’, and ‘‘, 14913007, and
14913008’’;
(2) by inserting ‘‘and’’ after ‘‘14913005,’’; and
(3) by striking all after ‘‘(2)’’ and inserting ‘‘immediately
transfer to the Alaska SeaLife Center for various acquisitions,
waterfront improvements and facilities that complement the
new Federal facility, any remaining balance of previously appro-
priated funds.’’.
118 Stat. 3105.
Certification.
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119 STAT. 559
PUBLIC LAW 109–54—AUG. 2, 2005
SEC. 439. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 0.476 percent of the budget authority
provided for fiscal year 2006 for any discretionary appropriation
in titles I through IV of this Act.
(b) PROPORTIONATE APPLICATION.—Any rescission made by sub-
section (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item,
or for accounts and items not included in appropriation Acts,
as delineated in the most recently submitted President’s
budget).
(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the
heading ‘‘Bureau of Indian Affairs, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians’’, the across-
the-board rescission in this section, and any subsequent across-
the-board rescission for fiscal year 2006, shall apply only to the
first dollar amount in the paragraph and the distribution of the
rescission shall be at the discretion of the Secretary of the Interior
who shall submit a report on such distribution and the rationale
therefor to the House and Senate Committees on Appropriations.
TITLE V—FOREST SERVICE FACILITY
REALIGNMENT AND ENHANCEMENT
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Forest Service Facility Realign-
ment and Enhancement Act of 2005’’.
SEC. 502. DEFINITIONS.
In this title:
(1) ADMINISTRATIVE SITE.—The term ‘‘administrative site’’
means—
(A) any facility or improvement, including curtilage,
that was acquired or is used specifically for purposes of
administration of the National Forest System;
(B) any Federal land associated with a facility or
improvement described in subparagraph (A) that was
acquired or is used specifically for purposes of administra-
tion of Forest Service activities and underlies or abuts
the facility or improvement; or
(C) not more than 10 isolated, undeveloped parcels
per fiscal year of not more than 40 acres each that were
acquired or used for purposes of administration of Forest
Service activities, but are not being so utilized, such as
vacant lots outside of the proclaimed boundary of a unit
of the National Forest System.
(2) FACILITY
OR
IMPROVEMENT.—The term ‘‘facility or
improvement’’ includes—
(A) a forest headquarters;
(B) a ranger station;
(C) a research station or laboratory;
(D) a dwelling;
16 USC 580d
note.
Forest Service
Facility
Realignment and
Enhancement
Act of 2005.
16 USC 580d
note.
Applicability.
Reports.
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119 STAT. 560
PUBLIC LAW 109–54—AUG. 2, 2005
(E) a warehouse;
(F) a scaling station;
(G) a fire-retardant mixing station;
(H) a fire-lookout station;
(I) a guard station;
(J) a storage facility;
(K) a telecommunication facility; and
(L) other administrative installations for conducting
Forest Service activities.
(3) MARKET ANALYSIS.—The term ‘‘market analysis’’ means
the identification and study of the real estate market for a
particular economic good or service.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
SEC. 503. AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE
ADMINISTRATIVE SITES.
(a) CONVEYANCES AUTHORIZED.—In the manner provided by
this title, the Secretary may convey an administrative site, or
an interest in an administrative site, that is under the jurisdiction
of the Secretary.
(b) MEANS OF CONVEYANCE.—The conveyance of an administra-
tive site under this title may be made—
(1) by sale;
(2) by lease;
(3) by exchange;
(4) by a combination of sale and exchange; or
(5) by such other means as the Secretary considers appro-
priate.
(c) SIZE OF CONVEYANCE.—An administrative site or compound
of administrative sites disposed of in a single conveyance under
this title may not exceed 40 acres.
(d) CERTAIN LANDS EXCLUDED.—The following Federal land
may not be conveyed under this title:
(1) Any land within a unit of the National Forest System
that is exclusively designated for natural area or recreational
purposes.
(2) Any land included within the National Wilderness
Preservation System, the Wild and Scenic River System, or
a National Monument.
(3) Any land that the Secretary determines—
(A) is needed for resource management purposes or
to provide access to other land or water;
(B) is surrounded by National Forest System land or
other publicly owned land, if conveyance would not be
in the public interest due to the creation of a non-Federal
inholding that would preclude the efficient management
of the surrounding land; or
(C) would be in the public interest to retain.
(e) CONGRESSIONAL NOTIFICATIONS.—
(1) NOTICE OF ANTICIPATED USE OF AUTHORITY.—As part
of the annual budget justification documents provided to the
Committee on Appropriations of the House of Representatives
and the Committee on Appropriations of the Senate, the Sec-
retary shall include—
(A) a list of the anticipated conveyances to be made,
including the anticipated revenue that may be obtained,
16 USC 580d
note.
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PUBLIC LAW 109–54—AUG. 2, 2005
using the authority provided by this title or other convey-
ance authorities available to the Secretary;
(B) a discussion of the intended purposes of any new
revenue obtained using this authority or other conveyance
authorities available to the Secretary, and a list of any
individual projects that exceed $500,000; and
(C) a presentation of accomplishments of previous years
using this authority or other conveyance authorities avail-
able to the Secretary.
(2) NOTICE OF CHANGES TO CONVEYANCE LIST.—If the Sec-
retary proposes to convey an administrative site under this
title or using other conveyance authorities available to the
Secretary and the administrative site is not included on a
list provided under paragraph (1)(A), the Secretary shall submit
to the congressional committees specified in paragraph (3) writ-
ten notice of the proposed conveyance, including the anticipated
revenue that may be obtained from the conveyance.
(3) NOTICE OF USE OF AUTHORITY.—At least once a year,
the Secretary shall submit to the Committee on Agriculture,
the Committee on Appropriations, and the Committee on
Resources of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry, the Committee on
Appropriations, and the Committee on Energy and Natural
Resources of the Senate a report containing a description of
all conveyances of National Forest System land made by the
Secretary under this title or other conveyance authorities
during the period covered by the report.
(f) DURATION OF AUTHORITY.—The authority of the Secretary
to initiate the conveyance of an administrative site under this
title expires on September 30, 2008.
(g) REPEAL OF PILOT CONVEYANCE AUTHORITY.—Effective Sep-
tember 30, 2006, section 329 of the Department of the Interior
and Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d
note; Public Law 107–63), is repealed. Notwithstanding the repeal
of such section, the Secretary may complete the conveyance under
such section of any administrative site whose conveyance was initi-
ated under such section before that date.
SEC. 504. CONVEYANCE REQUIREMENTS.
(a) CONFIGURATION OF ADMINISTRATIVE SITES.—
(1) CONFIGURATION.—To facilitate the conveyance of an
administrative site under this title, the Secretary may configure
the administrative site—
(A) to maximize the marketability of the administrative
site; and
(B) to achieve management objectives.
(2) SEPARATE TREATMENT OF FACILITY OR IMPROVEMENT.—
A facility or improvement on an administrative site to be con-
veyed under this title may be severed from the land and dis-
posed of in a separate conveyance.
(3) RESERVATION OF INTERESTS.—In conveying an adminis-
trative site under this title, the Secretary may reserve such
right, title, and interest in and to the administrative site as
the Secretary determines to be necessary.
(b) CONSIDERATION.—
(1) 
CONSIDERATION
REQUIRED.—A 
person 
or 
entity
acquiring an administrative site under this title shall provide
16 USC 580d
note.
Effective date.
Expiration date.
Deadline.
Reports.
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119 STAT. 562
PUBLIC LAW 109–54—AUG. 2, 2005
to the Secretary consideration in an amount that is at least
equal to the market value of the administrative site.
(2) FORM OF CONSIDERATION.—
(A) SALE.—Consideration for an administrative site
conveyed by sale under this title shall be paid in cash
on conveyance of the administrative site.
(B) EXCHANGE.—If the administrative site is conveyed
by exchange, the consideration shall be provided in the
form of a conveyance to the Secretary of land or improve-
ments that are equal in market value to the conveyed
administrative site. If the market values are not equal,
the market values may be equalized by—
(i) the Secretary making a cash payment to the
person or entity acquiring the administrative site; or
(ii) the person or entity acquiring the administra-
tive site making a cash equalization payment to the
Secretary.
(c) DETERMINATION OF MARKET VALUE.—The Secretary shall
determine the market value of an administrative site to be conveyed
under this title or of non-Federal land or improvements to be
provided as consideration in exchange for an administrative site—
(1) by conducting an appraisal that is performed in accord-
ance with—
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions, established in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Poli-
cies Act of 1970 (42 U.S.C. 4601 et seq.); and
(B) the Uniform Standards of Professional Appraisal
Practice; or
(2) by competitive sale.
(d) RELATION TO OTHER LAWS.—
(1) FEDERAL PROPERTY DISPOSAL.—Subchapter I of chapter
5 of title 40, United States Code, shall not apply to the convey-
ance of an administrative site under this title.
(2) LAND EXCHANGES.—Section 206 of the Federal Land
Policy and Management Act (43 U.S.C. 1716) shall not apply
to the conveyance of an administrative site under this title
carried out by means of an exchange or combination of sale
and exchange.
(3) LEAD-BASED
PAINT
AND
ASBESTOS
ABATEMENT.—Not-
withstanding any provision of law relating to the mitigation
or abatement of lead-based paint or asbestos-containing
building materials, the Secretary is not required to mitigate
or abate lead-based paint or asbestos-containing building mate-
rials with respect to an administrative site to be conveyed
under this title. However, if the administrative site has lead-
based paint or asbestos-containing building materials, the Sec-
retary shall—
(A) provide notice to the person or entity acquiring
the administrative site of the presence of the lead-based
paint or asbestos-containing building material; and
(B) obtain written assurance from the person or entity
acquiring the administrative site that the person or entity
will comply with applicable Federal, State, and local laws
relating to the management of the lead-based paint and
asbestos-containing building materials.
Notice.
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PUBLIC LAW 109–54—AUG. 2, 2005
(4) ENVIRONMENTAL REVIEW.—The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to
the conveyance of administrative sites under this title, except
that, in any environmental review or analysis required under
such Act for the conveyance of an administrative site under
this title, the Secretary is only required to—
(A) analyze the most reasonably foreseeable use of
the administrative site, as determined through a market
analysis;
(B) determine whether or not to reserve any right,
title, or interest in the administrative site under subsection
(a)(3); and
(C) evaluate the alternative of not conveying the
administrative site, consistent with the National Environ-
mental Policy Act of 1969.
(e) REJECTION OF OFFERS.—The Secretary shall reject any offer
made for the acquisition of an administrative site under this title
if the Secretary determines that the offer is—
(1) not adequate to cover the market value of the adminis-
trative site; or
(2) not otherwise in the public interest.
(f) CONSULTATION AND PUBLIC NOTICE.—As appropriate, the
Secretary is encouraged to work with the Administrator of the
General Services Administration with respect to the conveyance
of administrative sites under this title. Before making an adminis-
trative site available for conveyance under this title, the Secretary
shall consult with local governmental officials of the community
in which the administrative site is located and provide public notice
of the proposed conveyance.
SEC. 505. DISPOSITION OF PROCEEDS RECEIVED FROM ADMINISTRA-
TIVE SITE CONVEYANCES.
(a) DEPOSIT.—The Secretary shall deposit in the fund estab-
lished under Public Law 90–171 (commonly known as the Sisk
Act; 16 U.S.C. 484a) all of the proceeds from the conveyance of
an administrative site under this title.
(b) USE.—Amounts deposited under paragraph (1) shall be
available to the Secretary, until expended and without further
appropriation, to pay any necessary and incidental costs incurred
by the Secretary in connection with—
(1) the acquisition, improvement, maintenance, reconstruc-
tion, or construction of a facility or improvement for the
National Forest System; and
(2) the conveyance of administrative sites under this title,
including costs described in subsection (c).
(c) BROKERAGE SERVICES.—The Secretary may use the proceeds
from the conveyance of an administrative site under this title to
pay reasonable commissions or fees for brokerage services obtained
in connection with the conveyance if the Secretary determines that
the services are in the public interest. The Secretary shall provide
public notice of any brokerage services contract entered into in
connection with a conveyance under this title.
TITLE VI—VETERANS HEALTH CARE
SEC. 601. From any money in the Treasury not otherwise
appropriated, there is appropriated to the Department of Veterans
Affairs 
an 
additional 
amount 
for 
‘‘Medical 
Services’’ 
of
16 USC 580d
note.
Applicability.
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119 STAT. 564
PUBLIC LAW 109–54—AUG. 2, 2005
LEGISLATIVE HISTORY—H.R. 2361:
HOUSE REPORTS: Nos. 109–80 (Comm. on Appropriations) and 109–188
(Comm. of Conference).
SENATE REPORTS: No. 109–80 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
May 19, considered and passed House.
June 24, 27–29, considered and passed Senate, amended.
July 28, House agreed to conference report.
July 29, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Aug. 2, Presidential statement.
$1,500,000,000, to be available for obligation upon enactment of
this Act and to remain available until September 30, 2006.
This Act may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006’’.
Approved August 2, 2005.
VerDate 14-DEC-2004
08:19 Oct 26, 2006
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