[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4568 Referred in Senate (RFS)]

  2d Session
                                H. R. 4568


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2004

  Received; read twice and referred to the Committee on Appropriations

_______________________________________________________________________

                                 AN ACT


 
 Making appropriations for the Department of the Interior and related 
 agencies for the fiscal year ending September 30, 2005, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                  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, acquisition 
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)), $840,401,000, to 
remain available until expended, of which $1,000,000 is for high 
priority projects, to be carried out by the Youth Conservation Corps; 
$2,232,000 is for assessment of the mineral potential of public lands 
in Alaska pursuant to section 1010 of Public Law 96-487; (16 U.S.C. 
3150); and of which not to exceed $1,000,000 shall be derived from the 
special receipt account established by the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-6a(i)); and of which $3,500,000 
shall be available in fiscal year 2005 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 program 
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 appropriation from annual 
mining claim fees so as to result in a final appropriation estimated at 
not more than $840,401,000, and $2,000,000, to remain available until 
expended, from communication site rental fees established by the Bureau 
for the cost of administering communication site activities: Provided, 
That appropriations herein made shall not be available for the 
destruction of healthy, unadopted, wild horses and burros in the care 
of the Bureau or its contractors.

                        wildland fire management

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $743,099,000, to remain available until expended, of 
which not to exceed $12,374,000 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 notwithstanding 42 
U.S.C. 1856d, sums received by a bureau or office of the Department of 
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et 
seq., protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that 
protection, and are available without fiscal year limitation: Provided 
further, That using the amounts designated under this title of this 
Act, the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for hazardous fuels 
reduction activities, and for training and monitoring associated with 
such hazardous fuels reduction activities, on Federal land, or on 
adjacent non-Federal land for activities that benefit resources on 
Federal land: Provided further, That the costs of implementing any 
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 Contracting Act, the Secretary, for purposes of 
hazardous fuels reduction activities, may obtain maximum practicable 
competition among: (A) local private, nonprofit, or cooperative 
entities; (B) Youth Conservation Corps crews or related partnerships 
with state, local, or non-profit youth groups; (C) small or micro-
businesses; or (D) 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 governments, 
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 payments 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 amount not to exceed 
$12,000,000, 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.

                    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 
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 conducted by the Department pursuant to section 107 or 
113(f) of such Act, shall be credited to this account, to be available 
until expended without further appropriation: Provided further, That 
such sums recovered from or paid by any party are not limited to 
monetary payments and may include stocks, bonds or other personal or 
real property, which may be retained, liquidated, or otherwise disposed 
of by the Secretary and which shall be credited to this account.

                              construction

    For construction of buildings, recreation facilities, roads, 
trails, and appurtenant facilities, $15,000,000, 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, $4,500,000, 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 counties 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; 
$111,557,000, 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 ecosystems 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 Ecosystems Health and Recovery Fund can be 
used for the purpose of planning, preparing, implementing and 
monitoring salvage timber sales and forest ecosystem health and 
recovery activities, such as release from competing vegetation and 
density control treatments. The Federal share of receipts (defined as 
the portion of salvage timber receipts not paid to the counties under 
43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393) 
derived from treatments funded by this account shall be deposited into 
the Forest Ecosystems Health and Recovery Fund.

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent 
of all moneys received during the prior fiscal year under sections 3 
and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range 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 processing 
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, operation, 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: Provided, That notwithstanding any 
provision to the contrary of section 305(a) of Public Law 94-579 (43 
U.S.C. 1735(a)), any moneys that have been or will be received pursuant 
to that section, whether as a result of forfeiture, compromise, or 
settlement, if not appropriate for refund pursuant to section 305(c) of 
that Act (43 U.S.C. 1735(c)), shall be available and may be expended 
under the authority of this Act by the Secretary to 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 administered 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, under cooperative cost-
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly produced 
publications for which the cooperators share the cost of printing 
either in cash or in services, and the Bureau determines the cooperator 
is capable of meeting accepted quality standards.

                United States Fish and Wildlife Service

                          resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
maintenance of the herd of long-horned cattle on the Wichita Mountains 
Wildlife Refuge, general administration, and for the performance of 
other authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities, $970,494,000, to remain 
available until September 30, 2006, Provided, That not less than 
$1,750,000 shall be provided to local governments in southern 
California for planning associated with the Natural Communities 
Conservation Planning (NCCP) program and shall remain available until 
expended: Provided further, That $2,000,000 is for high priority 
projects, which shall be carried out by the Youth Conservation Corps: 
Provided further, That not to exceed $16,226,000 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 $12,700,000 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, 2004: 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 violations 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, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$48,400,000, to remain available until expended.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 4601-4 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, $12,500,000, 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 Conservation 
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, $15,000,000, to be derived from the Land 
and Water Conservation Fund, and to remain available 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 Mariana 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 Conservation 
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, $5,000,000, to be derived from the Land 
and Water Conservation Fund, and to remain available 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: Provided further, That balances 
from amounts previously appropriated under the heading ``Stewardship 
Grants'' shall be transferred to and merged with this appropriation and 
shall remain available until expended.

            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, $81,596,000, 
of which $49,384,000 is to be derived from the Cooperative Endangered 
Species Conservation Fund and $49,384,000 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.

               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, 
$38,000,000, 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), $4,400,000, to remain available until expended.

                multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation 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), and the Great Ape Conservation Act of 2000 
(16 U.S.C. 6301), $5,900,000, to remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and federally recognized 
Indian tribes under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, $67,500,000, 
to be derived from the Land and Water Conservation Fund, and to remain 
available until expended: Provided, 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 
administrative expenses, apportion the amount provided herein in the 
following manner: (A) 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 (B) 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: (A) 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 (B) 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 paragraph shall be adjusted equitably so that no 
State shall be apportioned a sum which is less than 1 percent of the 
amount available for apportionment under this paragraph for any fiscal 
year or more than 5 percent of such amount: Provided further, That the 
Federal share of planning grants shall not exceed 75 percent of the 
total costs of such projects and the Federal share of implementation 
grants shall not exceed 50 percent of the total costs of such projects: 
Provided further, That the non-Federal share of such projects may not 
be derived from Federal grant programs: Provided further, That no 
State, territory, or other jurisdiction shall receive a grant unless it 
has developed, or committed to develop 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 any amount apportioned in 2005 to any 
State, territory, or other jurisdiction that remains unobligated as of 
September 30, 2006, shall be reapportioned, together with funds 
appropriated in 2007, 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 not to exceed 179 
passenger motor vehicles, of which 161 are for replacement only 
(including 44 for police-type use); 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 maintenance and improvement of aquaria, buildings, and other 
facilities under the jurisdiction of the Service and to which the 
United States has title, and which are used pursuant to law in 
connection with management, and investigation of fish and wildlife 
resources: Provided, That notwithstanding 44 U.S.C. 501, the Service 
may, under cooperative cost sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share at least one-half the cost of printing either in cash or services 
and the Service determines the cooperator is capable of meeting 
accepted quality standards: Provided further, That notwithstanding any 
other provision of law, the service may use up to $2,000,000 from funds 
provided for contracts for 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 Secretary of the Interior may not spend any of 
the funds appropriated in this Act for the purchase of lands or 
interests in lands to be used in the establishment of any new unit of 
the National Wildlife Refuge System unless the purchase is approved in 
advance by the House and Senate Committees on Appropriations in 
compliance with the reprogramming procedures contained in House Report 
108-330.

                         National Park Service

                 operation of the national park system

    For expenses necessary for the management, 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 administration 
of the National Park Service, $1,686,067,000, of which $10,708,000 is 
for planning and interagency coordination in support of Everglades 
restoration and shall remain available until expended; of which 
$94,690,000, to remain available until September 30, 2005, 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 necessary to reimburse the United States 
Park Police account for the unbudgeted overtime and travel costs 
associated with special events for an amount not to exceed $10,000 per 
event subject to the review and concurrence of the Washington 
headquarters office.

                       united states park police

    For expenses necessary to carry out the programs of the United 
States Park Police, $81,204,000.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $53,877,000: Provided, That 
$700,000 from the Statutory and Contractual Aid Account shall be 
provided to the City of Tacoma, Washington for the purpose of 
conducting a feasibility study for the Train to the Mountain project: 
Provided further, That none of the funds in this or previous Acts for 
the Rivers, Trails and Conservation Assistance Program may be used for 
cooperative agreements, contracts, or cash grants.

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation 
Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and 
Public Lands Management Act of 1996 (Public Law 104-333), $71,533,000, 
to be derived from the Historic Preservation Fund, to remain available 
until September 30, 2006, of which $30,000,000 shall be for Save 
America's Treasures for priority preservation projects, of nationally 
significant sites, structures, and artifacts: Provided, That any 
individual Save America's Treasures grant shall be matched by non-
Federal funds: Provided further, That individual projects shall only be 
eligible for one grant, and all projects to be funded shall be approved 
by the House and Senate Committees on Appropriations and the Secretary 
of the Interior in consultation with the President's Committee on the 
Arts and Humanities prior to the commitment of grant funds: Provided 
further, That Save America's Treasures funds allocated for Federal 
projects, following approval, shall be available by transfer to 
appropriate accounts of individual agencies.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, including the modifications authorized by section 104 of 
the Everglades National Park Protection and Expansion Act of 1989, 
$297,628,000, to remain available until expended: 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, written approval of the House 
and Senate Committees on Appropriations: Provided further, That, 
notwithstanding 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 written 
approval of the House and Senate Committees on Appropriations: Provided 
further, That these restrictions do not apply to the Flight 93 
Memorial: Provided further, That none of the funds provided in this or 
any other Act may be used for planning, design, or construction of any 
underground security screening or visitor contact facility at the 
Washington Monument until such facility has been approved in writing by 
the House and Senate Committees on Appropriations: Provided further, 
That funds appropriated in this Act and in any prior Acts for the 
purpose of implementing the Modified Water Deliveries to Everglades 
National Park Project shall be available for expenditure unless the 
joint report of the Secretary of the Interior, the Secretary of the 
Army, the Administrator of the Environmental Protection Agency, and the 
Attorney General which shall be filed within 90 days of enactment of 
this Act and by September 30 each year thereafter until December 31, 
2006, to the House and Senate Committees on Appropriations, the House 
Committee on Transportation and Infrastructure, the House Committee on 
Resources and the Senate Committee on Environment and Public Works, 
indicates that the water entering A.R.M. Loxahatchee National Wildlife 
Refuge and Everglades National Park does not meet applicable State 
water quality standards and numeric criteria adopted for phosphorus 
throughout A.R.M. Loxahatchee National Wildlife Refuge and Everglades 
National Park, as well as water quality requirements set forth in the 
Consent Decree entered in United States v. South Florida Water 
Management District, and that the House and Senate Committees on 
Appropriations respond in writing disapproving the further expenditure 
of funds.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 2005 by 16 U.S.C. 
460l-10a is rescinded.

                 land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $107,500,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $91,500,000 is for the State assistance program including 
$1,500,000 to administer this program: 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 249 passenger motor vehicles, of which 
202 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 process 
any grant or contract documents which do not include the text of 18 
U.S.C. 1913: Provided further, 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 adjournment of 
more than 3 calendar days to a day certain) from the receipt by the 
Speaker of the House of Representatives and the President of the Senate 
of a full and comprehensive report on the development of the southern 
end of Ellis Island, including the facts and circumstances relied upon 
in support of the proposed project: Provided further, That 
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 encourage 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.
    Notwithstanding any other provision of law, in fiscal year 2005, 
with respect to the administration of the National Park Service park 
pass program by the National Park Foundation, the Secretary may pay to 
the Foundation administrative funds expected to be received in that 
fiscal year before the revenues are collected, so long as total 
payments in the administrative account do not exceed total revenue 
collected and deposited in that account by the end of the fiscal year.
    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 
and/or misapply relevant contractual requirements, and their underlying 
legal authority, the Secretary may seek 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 appropriation, 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 topography, 
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); and 
publish and disseminate data relative to the foregoing activities; and 
to 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 authorized by law and to publish and 
disseminate data; $944,498,000, of which $63,262,000 shall be available 
only for cooperation with States or municipalities for water resources 
investigations; and of which $16,185,000 shall remain available until 
expended for conducting inquiries into the economic conditions 
affecting mining and materials processing industries; and of which 
$7,901,000 shall remain available until expended for satellite 
operations; and of which $20,099,000 shall be available until September 
30, 2006, for the operation and maintenance of facilities and deferred 
maintenance; and 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 $171,976,000 shall be available until 
September 30, 2006, for the biological research activity and the 
operation of the Cooperative Research Units: Provided, That none of 
these 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.

                       administrative provisions

    The amount appropriated for the United States Geological Survey 
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 topographic 
maps and for the making of geophysical or other specialized surveys 
when it is administratively determined that such procedures are in the 
public interest; construction and maintenance of necessary buildings 
and appurtenant facilities; acquisition of lands for gauging stations 
and 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 agreements directly with individuals or indirectly with 
institutions or nonprofit organizations, without regard to 41 U.S.C. 5, 
for the temporary or intermittent services of students or recent 
graduates, who shall be considered employees for the purpose of 
chapters 57 and 81 of title 5, United States Code, relating to 
compensation for travel and work 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 operating contracts; and for matching grants or cooperative 
agreements; including the purchase of not to exceed eight passenger 
motor vehicles for replacement only, $171,575,000, of which $81,906,000 
shall be available for royalty management activities; and an amount not 
to exceed $103,730,000, 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 administrative 
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 $103,730,000 in 
additions to receipts are not realized from the sources of receipts 
stated above, the amount needed to reach $103,730,000 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, 2006: Provided further, That funds 
appropriated under this Act shall be available for the payment of 
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided 
further, That not to exceed $3,000 shall be available for reasonable 
expenses related to promoting volunteer beach and marine cleanup 
activities: Provided further, That notwithstanding any other provision 
of law, $15,000 under this heading shall be available for refunds of 
overpayments in connection with certain Indian leases in which the 
Director of MMS concurred with the claimed refund due, to pay amounts 
owed to Indian allottees or tribes, or to correct prior unrecoverable 
erroneous payments: Provided further, That MMS may under the royalty-
in-kind pilot 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, and to process or otherwise dispose of royalty production taken 
in kind, and to recover MMS transportation costs, salaries, and other 
administrative costs directly related to filling the Strategic 
Petroleum Reserve: 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 
pilot program is equal to or greater than royalty income recognized 
under a comparable royalty-in-value program: Provided further, That in 
fiscal year 2005 and thereafter, notwithstanding 30 U.S.C. 191(a) and 
43 U.S.C. 1338, the Secretary shall pay, not to exceed $499,000 
annually, amounts owed to States under the provision of 30 U.S.C. 
1721(b) from amounts received as current receipts from bonuses, 
royalties, interest collected from lessees and designees, and rentals 
of the public lands and the outer continental shelf under provisions of 
the Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which are not 
payable to a State or the Reclamation Fund.

                           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, $7,105,000, 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 Surface 
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; $108,805,000: Provided, That the 
Secretary of the Interior, pursuant to regulations, may use directly or 
through grants to States, moneys collected in fiscal year 2005 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, $194,106,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $10,000,000, to be derived from the Federal Expenses 
Share of the Fund, shall be for supplemental grants to States for the 
reclamation of abandoned 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 2005: 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 restoration 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 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.

                        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, $1,935,033,000, to remain 
available until September 30, 2006 except as otherwise provided herein, 
of which not to exceed $85,638,000 shall be for welfare assistance 
payments and notwithstanding any other provision of law, including but 
not limited to the Indian Self-Determination Act of 1975, as amended, 
not to exceed $133,314,000 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 2005, as 
authorized by such Act except that tribes and tribal organizations may 
use their tribal priority allocations for unmet indirect costs of 
ongoing contracts, grants, or compacts, or annual funding agreements 
and for unmet welfare assistance costs; and of which not to exceed 
$458,057,000 for school operations costs of Bureau-funded schools and 
other education programs shall become available on July 1, 2005, and 
shall remain available until September 30, 2006; and of which not to 
exceed $61,409,000 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 $45,348,000 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 2004 for the 
operation of Bureau-funded schools, and up to $3,000,000 within and 
only from such amounts made available for school operations shall be 
available for the transitional costs of initial administrative cost 
grants to tribes and tribal organizations that enter into grants for 
the operation on or after July 1, 2004 of Bureau-operated schools: 
Provided further, That any forestry funds allocated to a tribe which 
remain unobligated as of September 30, 2006, may be transferred during 
fiscal year 2007 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, 2007.

                              construction

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
facilities, 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 
Irrigation Project pursuant to Public Law 87-483, $348,626,000, 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 2005, in implementing new 
construction or facilities improvement and repair project grants in 
excess of $100,000 that are provided to tribally controlled grant 
schools under Public Law 100-297, as amended, the Secretary of the 
Interior shall use the Administrative and Audit Requirements and Cost 
Principles for Assistance Programs contained in 43 CFR part 12 as the 
regulatory requirements: Provided further, That such grants shall not 
be subject to section 12.61 of 43 CFR; the Secretary and the grantee 
shall negotiate and determine a schedule of payments for the work to be 
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, of the 
funds provided for the tribal school demonstration program, 
notwithstanding the provisions of paragraph (b)(1) of section 122 of 
division F of Public Law 108-7, as amended by section 136 of Public Law 
108-108, $4,500,000 is for the Eastern Band of Cherokee education 
campus at the Ravensford tract.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $44,771,000, to remain available 
until expended, for implementation of enacted Indian land and water 
claim settlements pursuant to Public Laws 99-264, 100-580, 101-618, 
106-554, 107-331, and 108-34, and for implementation of other land and 
water rights settlements; and of which $10,032,000 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, $6,421,000, of which 
$695,000 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 $84,699,000.

                       administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative 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 assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available to 
support the operation of any elementary or secondary school in the 
State of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of 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.

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $74,935,000, of which: 
(1) $68,372,000 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) $6,563,000 
shall be available for salaries and expenses of the Office of Insular 
Affairs: Provided, That all financial transactions of the territorial 
and local governments herein provided for, including such transactions 
of all agencies or instrumentalities established or used by such 
governments, may be audited by the General Accounting 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 assistance, sufficient funding shall be 
made available for a grant to the Close Up Foundation: Provided 
further, That the funds for the program of operations and maintenance 
improvement are appropriated to 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, $5,499,000, as provided for in 
sections 221(a)(2), 221(b), and 233 of the Compact of Free Association 
for the Republic of Palau as authorized by Public Law 99-658; Public 
Law 108-188; and section 221(a)(2) of the Compacts of Free Association 
and their related agreements between the Government of the United 
States and the Government of the Republic of the Marshall Islands as 
amended.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for management of the Department of the 
Interior, $93,051,000, of which not to exceed $8,500 may be for 
official reception and representation expenses, of which up to 
$1,000,000 shall be available for workers compensation payments and 
unemployment compensation payments associated with the orderly closure 
of the United States Bureau of Mines, and of which $13,500,000, to be 
derived by transfer from unobligated balances in the ``Central 
Hazardous Materials Fund'', shall remain available until expended for a 
departmental financial and business management system. Provided, That 
none of the funds in this or previous appropriations Acts may be used 
to establish any additional reserves in the Working Capital Fund 
account other than the two authorized reserves without prior approval 
of the House and Senate Committees on Appropriations: Provided further, 
That amounts otherwise appropriated by this Act for motor vehicle 
lease, purchase or service costs at the Department of the Interior are 
reduced by $13,500,000 and, not later than 30 days after the date of 
the enactment of this Act, the Director of the Office of Management and 
Budget shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate a listing of the amounts by account of 
the reductions made pursuant to this proviso.

                       payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-6907), $226,000,000, 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.

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $51,356,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$37,655,000.

             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, 
$196,267,000, to remain available until expended: Provided, That of the 
amounts available under this heading not to exceed $58,000,000 shall be 
available for records collection and indexing, imaging and coding, 
accounting for per capita and judgment accounts, accounting for tribal 
accounts, reviewing and distributing funds from special deposit 
accounts, and program management of the Office of Historical Trust 
Accounting, including litigation support: Provided further, 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 Management, 
``Salaries and Expenses'' account: Provided further, That funds made 
available to Tribes and Tribal organizations through contracts or 
grants obligated during fiscal year 2005, 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 provision 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 mismanagement of trust funds, until the 
affected tribe or individual Indian has been furnished with an 
accounting of such funds from which the beneficiary can determine 
whether there has been a loss: Provided further, That notwithstanding 
any other provision of law, the Secretary shall not be required to 
provide a quarterly statement of performance for any Indian trust 
account that has not had activity for at least 18 months and has a 
balance of $1.00 or less: Provided further, That the Secretary shall 
issue an annual account statement and maintain a record of any such 
accounts and shall permit the balance in each such account to be 
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, $42,000,000, to remain available 
until expended: Provided, That funds provided under this heading may be 
expended pursuant to the authorities contained in the provisos under 
the heading ``Office of Special Trustee for American Indians, Indian 
Land Consolidation'' of the Interior and Related Agencies 
Appropriations Act, 2001 (Public Law 106-291).

          Natural Resources Damage Assessment and Restoration

                natural resource damage assessment fund

    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), 
and Public Law 101-337, as amended (16 U.S.C. 19jj et seq.), 
$5,818,000, 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 
justification 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 Secretary and the National 
Business Center and the bureaus and offices of the Department, 
including the amounts billed pursuant to such agreements.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer (within each bureau or office), with the 
approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other 
facilities 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 available 
to the Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to this 
section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to H. Res. 649 and section 402 of S. Con. Res. 
95, the concurrent resolution on the budget for fiscal year 2005, and 
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 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 Department 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 assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation 
projects under section 410 of Public Law 95-87; and shall transfer, 
from any no year funds available to the Office of Surface Mining 
Reclamation and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State is not 
carrying out the 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 are hereby designated by 
Congress to be ``emergency requirements'' pursuant to section 402 of S. 
Con. Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2005, and must be replenished 
by a supplemental appropriation which must be requested as promptly as 
possible: Provided further, That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts from which emergency funds 
were transferred.
    Sec. 103. Appropriations made to the Department of the Interior 
shall hereafter be available for operation of warehouses, garages, 
shops, and similar facilities, wherever consolidation of activities 
will contribute to efficiency or economy, and said appropriations shall 
be reimbursed for services rendered to any other activity in the same 
manner as authorized by sections 1535 and 1536 of title 31, United 
States Code: Provided, That reimbursements for costs and supplies, 
materials, equipment, and for services rendered may be credited to the 
appropriation current at the time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the 
Interior for salaries and expenses shall hereafter be available for 
uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902 and D.C. Code 4-204).
    Sec. 106. Annual appropriations made to the Department of the 
Interior shall hereafter be available for obligation in connection with 
contracts issued for services or rentals for periods not in excess of 
12 months beginning at any time during the fiscal year.
    Sec. 107. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore preleasing, 
leasing and related activities placed under restriction in the 
President's moratorium statement of June 12, 1998, in the areas of 
northern, central, and southern California; the North Atlantic; 
Washington and Oregon; and the eastern Gulf of Mexico south of 26 
degrees north latitude and east of 86 degrees west longitude.
    Sec. 108. No funds provided in this title may be expended by the 
Department of the Interior to conduct offshore oil and natural gas 
preleasing, leasing and related activities in the eastern Gulf of 
Mexico planning area for any lands located outside Sale 181, as 
identified in the final Outer Continental Shelf 5-Year Oil and Gas 
Leasing Program, 1997-2002.
    Sec. 109. No funds provided in this title may be expended by the 
Department of the Interior to conduct oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 110. Notwithstanding any other provisions of law, the National 
Park Service shall not develop or implement a reduced entrance fee 
program to accommodate non-local travel through a unit. The Secretary 
may provide for and regulate local non-recreational passage through 
units of the National Park System, allowing each unit to develop 
guidelines and permits for such activity appropriate to that unit.
    Sec. 111. Advance payments made to the Department of the Interior 
to Indian tribes, tribal organizations, and tribal consortia pursuant 
to the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.) may hereafter be invested by the Indian tribe, 
tribal organization, or consortium before such funds are expended for 
the purposes of the grant, compact, or annual funding agreement so long 
as such funds are--
            (1) invested by the Indian tribe, tribal organization, or 
        consortium only in obligations of the United States, or in 
        obligations or securities that are guaranteed or insured by the 
        United States, or mutual (or other) funds registered with the 
        Securities and Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured by an 
        agency or instrumentality of the United States, or are fully 
        collateralized to ensure protection of the funds, even in the 
        event of a bank failure.
    Sec. 112. Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Office of Special Trustee for American Indians 
and any unobligated balances from prior appropriations Acts made under 
the same headings shall be available for expenditure or transfer for 
Indian trust management and reform activities, except that total 
funding for historical accounting activities shall not exceed amounts 
specifically designated in this Act for such purpose.
    Sec. 113. Notwithstanding any other provision of law, for the 
purpose of reducing the backlog of Indian probate cases in the 
Department of the Interior, the hearing requirements of chapter 10 of 
title 25, United States Code, are deemed satisfied by a proceeding 
conducted by an Indian probate judge, appointed by the Secretary 
without regard to the provisions of title 5, United States Code, 
governing the appointments in the competitive service, for such period 
of time as the Secretary determines necessary: Provided, That the basic 
pay of an Indian probate judge so appointed may be fixed by the 
Secretary without regard to the provisions of chapter 51, and 
subchapter III of chapter 53 of title 5, United States Code, governing 
the classification and pay of General Schedule employees, except that 
no such Indian probate judge may be paid at a level which exceeds the 
maximum rate payable for the highest grade of the General Schedule, 
including locality pay.
    Sec. 114. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in 
Tribal Priority Allocation funds of more than 10 percent in fiscal year 
2005. Under circumstances of dual enrollment, overlapping service areas 
or inaccurate distribution methodologies, the 10 percent limitation 
does not apply.
    Sec. 115. Funds appropriated for the Bureau of Indian Affairs for 
postsecondary schools for fiscal year 2005 shall be allocated among the 
schools proportionate to the unmet need of the schools as determined by 
the Postsecondary Funding Formula adopted by the Office of Indian 
Education Programs.
    Sec. 116. (a) The Secretary of the Interior shall take such action 
as may be necessary to ensure that the lands comprising the Huron 
Cemetery in Kansas City, Kansas (as described in section 123 of Public 
Law 106-291) are used only in accordance with this section.
    (b) The lands of the Huron Cemetery shall be used only: (1) for 
religious and cultural uses that are compatible with the use of the 
lands as a cemetery; and (2) as a burial ground.
    Sec. 117. Notwithstanding any other provision of law, in conveying 
the Twin Cities Research Center under the authority provided by Public 
Law 104-134, as amended by Public Law 104-208, the Secretary may accept 
and retain land and other forms of reimbursement: Provided, That the 
Secretary may retain and use any such reimbursement until expended and 
without further appropriation: (1) for the benefit of the National 
Wildlife Refuge System within the State of Minnesota; and (2) for all 
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
    Sec. 118. Notwithstanding other provisions of law, the National 
Park Service hereafter may authorize, through cooperative agreement, 
the Golden Gate National Parks Association to provide fee-based 
education, interpretive and visitor service functions within the Crissy 
Field and Fort Point areas of the Presidio.
    Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received by the 
Bureau of Land Management for the sale of seeds or seedlings, may 
hereafter be credited to the appropriation from which funds were 
expended to acquire or grow the seeds or seedlings and are available 
without fiscal year limitation.
    Sec. 120. 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. 121. Funds provided in this Act for Federal land acquisition 
by the National Park Service for Shenandoah Valley Battlefields 
National Historic District, New Jersey Pinelands Preserve, and Ice Age 
National Scenic Trail may be used for a grant to a State, a local 
government, or any other governmental land management entity for the 
acquisition of lands without regard to any restriction on the use of 
Federal land acquisition funds provided through the Land and Water 
Conservation Fund Act of 1965 as amended.
    Sec. 122. 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. 123. 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. 124. None of the funds made available in this or any other Act 
for any fiscal year may be used to designate, or to post any sign 
designating, any portion of Canaveral National Seashore in Brevard 
County, Florida, as a clothing-optional area or as an area in which 
public nudity is permitted, if such designation would be contrary to 
county ordinance.
    Sec. 125. 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. 126. The Secretary of the Interior may use discretionary funds 
to pay private attorneys fees and costs for employees and former 
employees of the Department of the Interior reasonably incurred in 
connection with Cobell v. Norton to the extent that such fees and costs 
are not paid by the Department of Justice or by private insurance. In 
no case shall the Secretary make payments under this section that would 
result in payment of hourly fees in excess of the highest hourly rate 
approved by the District Court for the District of Columbia for counsel 
in Cobell v. Norton.
    Sec. 127. The United States Fish and Wildlife Service shall, in 
carrying out its responsibilities to protect threatened and endangered 
species of salmon, implement a system of mass marking of salmonid 
stocks, intended for harvest, that are released from Federally operated 
or Federally financed hatcheries including but not limited to fish 
releases of coho, chinook, and steelhead species. Marked fish must have 
a visible mark that can be readily identified by commercial and 
recreational fishers.
    Sec. 128. Such sums as may be necessary from ``Departmental 
Management, Salaries and Expenses'', shall be transferred to ``United 
States Fish and Wildlife Service, Resource Management'' for operational 
needs at the Midway Atoll National Wildlife Refuge airport.
    Sec. 129. (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 Appropriations Act, 2001 (114 Stat. 944), 
or land that is contiguous to that land, regardless of whether the land 
or contiguous land has been taken into trust by the Secretary of the 
Interior.
    Sec. 130. 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. 131. 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 2006 shall not exceed $12,000,000.
    Sec. 132. Notwithstanding any implementation of the Department of 
the Interior's trust reorganization plan within fiscal years 2004 or 
2005, funds appropriated for fiscal year 2005 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-
Kootenai Tribes of the Flathead Reservation and the Chippewa Cree Tribe 
of the Rocky Boys Reservation on the same basis as funds were 
distributed in fiscal year 2004. This Demonstration Project shall 
operate separate and apart from the Department of the Interior's trust 
reform reorganization, and the Department shall not impose its trust 
management infrastructure upon or alter the existing trust resource 
management systems of the above referenced tribes having a self-
governance compact and operating in accordance with the Tribal Self-
Governance Program set forth in 25 U.S.C. Sections 458aa-458hh: 
Provided, That the California Trust Reform Consortium and any other 
participating tribe agree to carry out their responsibilites under the 
same fiduciary standards as those to which the Secretary of the 
Interior is held: Provided further, That they demonstrate, and continue 
to demonstrate, to the satisfaction of the Secretary that they have the 
capability to do so.
    Sec. 133. None of the funds appropriated or otherwise made 
available by this or any other Act, hereafter enacted, may be used to 
permit the use of the National Mall for a special event, unless the 
permit expressly prohibits the erection, placement, or use of 
structures and signs bearing commercial advertising. The Secretary may 
allow for recognition of sponsors of special events: Provided, That the 
size and form of the recognition shall be consistent with the special 
nature and sanctity of the Mall and any lettering or design identifying 
the sponsor shall be no larger than one-third the size of the lettering 
or design identifying the special event. In approving special events, 
the Secretary shall ensure, to the maximum extent practicable, that 
public use of, and access to the Mall is not restricted. For purposes 
of this section, the term ``special event'' shall have the meaning 
given to it by section 7.96(g)(1)(ii) of title 36, Code of Federal 
Regulations.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $280,654,000, to remain available until expended: 
Provided, That of the funds provided, $52,714,000 is for the forest 
inventory and analysis program.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
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, $282,446,000, to remain 
available until expended, as authorized by law of which $43,119,000 is 
to be derived from the Land and Water Conservation Fund: Provided, That 
none of the funds provided 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.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,399,599,000, to remain available 
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 accordance 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 2005 shall be 
displayed by budget line item in the fiscal year 2006 budget 
justification: Provided further, That, through fiscal year 2009, the 
Secretary may authorize the expenditure or transfer of such sums as 
necessary to the Department of the Interior, Bureau of Land Management, 
for removal, preparation, and adoption of excess wild horses and burros 
from National Forest System lands, and for the performance of cadastral 
surveys to designate the boundaries of such lands.

                        wildland fire management

    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, $1,734,865,000, 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 purposes: 
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 emergencies 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 2004 shall be transferred, as repayment for past 
advances that have not been repaid, to the fund established pursuant to 
section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.): Provided 
further, That notwithstanding any other provision of law, $8,000,000 of 
funds appropriated under 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 
further, 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, $266,238,000 is for hazardous 
fuels reduction activities, $13,000,000 is for rehabilitation and 
restoration, $23,000,000 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.), 
$40,000,000 is for State fire assistance, $8,000,000 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 Forestry'', ``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 restoration: 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 House Report 108-330: 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 in addition to funds provided for State Fire Assistance 
programs, and subject to all authorities available to the Forest 
Service under the State and Private Forestry Appropriations, 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 in 
using the funds provided in this Act for hazardous fuels reduction 
activities, the Secretary of Agriculture may conduct fuel reduction 
treatments on Federal lands using all contracting and hiring 
authorities available to the Secretary applicable to hazardous fuel 
reduction activities under the wildland fire management accounts: 
Provided further, That notwithstanding Federal Government procurement 
and contracting laws, the Secretaries may conduct fuel reduction 
treatments, rehabilitation and restoration, and other activities 
authorized under this heading on and adjacent to Federal lands using 
grants and cooperative agreements: Provided further, That 
notwithstanding Federal Government procurement and contracting laws, in 
order to provide employment and training opportunities to people in 
rural communities, the Secretaries may award contracts, including 
contracts for monitoring activities, to local private, non-profit, or 
cooperative entities; Youth Conservation Corps crews or related 
partnerships, with State, local and non-profit youth groups; small or 
micro-businesses; or other entities that will hire or train a 
significant percentage of local people to complete such contracts: 
Provided further, That the authorities described above relating to 
contracts, grants, and cooperative agreements are available until all 
funds provided in this title for hazardous fuels reduction activities 
in the urban wildland interface are obligated: 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 amount not to exceed $12,000,000, between 
the Departments when such transfers would facilitate and expedite 
jointly funded wildland fire management programs and projects.

                  capital improvement and maintenance

    For necessary expenses of the Forest Service, not otherwise 
provided for, $522,940,000, 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.

                            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, $15,500,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

         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.

            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), $65,000, to remain 
available until expended, to be derived from the fund established 
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), 
$5,962,000 available until expended.

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of not to exceed 124 passenger 
motor vehicles of which 21 will be used primarily for law enforcement 
purposes and of which 124 shall be for replacement; acquisition of 25 
passenger motor vehicles from excess sources, and hire of such 
vehicles; purchase, operation, maintenance, and acquisition of aircraft 
from excess sources to maintain the operable fleet at 195 aircraft 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 replacement 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) purchase, 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 pursuant 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).
    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 preparedness 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 Development 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, education 
and training, and cooperation with United States and international 
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.
    None of the funds appropriated or otherwise made available by this 
Act shall be used to pay the salaries and expenses of personnel to 
carry out section 8002 of the Farm Security and Rural Investment Act of 
2002.
    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 reprogramming 
procedures contained in House Report 108-330.
    Not more than $72,467,000 of the funds available to the Forest 
Service shall be transferred to the Working Capital Fund of the 
Department of Agriculture.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $2,000,000 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, $2,500 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of 
the funds available to the Forest Service, $3,300,000 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 National Forest System lands or 
related to Forest Service programs: Provided, That of the Federal funds 
made available to the Foundation, $300,000 may be used for Forest 
Service Centennial activities and, of the total available to the 
Foundation, no more than $350,000 shall be available for administrative 
expenses: Provided further, That the Foundation shall obtain, by the 
end of the period of Federal financial assistance, private 
contributions to match on at least one-for-one basis funds made 
available 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 available for matching 
funds to the National Fish and Wildlife Foundation, as authorized by 16 
U.S.C. 3701-3709, and may be advanced in a lump sum to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when expenses are incurred, for projects on or benefitting 
National Forest System lands or related to Forest Service programs: 
Provided, That the Foundation shall obtain, by the end of the period of 
Federal financial assistance, private contributions to match on at 
least one-for-one basis funds advanced 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.
    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 matters. 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 $1,000,000.
    For each fiscal year through 2009, the Secretary of Agriculture may 
transfer or reimburse funds available to the Forest Service, not to 
exceed $15,000,000, to the Secretary of the Interior or the Secretary 
of Commerce to expedite conferencing and consultations as required 
under section 7 of the Endangered Species Act, 16 U.S.C. 1536. The 
amount of the transfer or reimbursement shall be as mutually agreed by 
the Secretary of Agriculture and the Secretary of the Interior or 
Secretary of Commerce, as applicable, or their designees. The amount 
shall in no case exceed the actual costs of consultation and 
conferencing.
    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)).

                          DEPARTMENT OF ENERGY

                         clean coal technology

                               (deferral)

    Of the funds made available under this heading for obligation in 
prior years, $237,000,000 shall not be available until October 1, 2005, 
Provided, That funds made available in previous appropriations Acts 
shall be available for any ongoing project regardless of the separate 
request for proposal under which the project was selected: Provided 
further, That of the funds made available in prior year appropriations 
under this heading, up to $18,000,000 shall be available in fiscal year 
2005 for FutureGen, without regard to the terms and conditions 
applicable to clean coal technology projects: Provided further, That 
the initial planning and research stages of the FutureGen project shall 
include a matching requirement from non-Federal sources of at least 20 
percent of the costs: Provided further, That any demonstration 
component of such project shall include a matching requirement from 
non-Federal sources of at least 50 percent of the costs of the 
component.

                 fossil energy research and development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal 
of mineral substances without objectionable social and environmental 
costs (30 U.S.C. 3, 1602, and 1603), $601,875,000, to remain available 
until expended, of which $4,000,000 is to continue a multi-year project 
for construction, renovation, furnishing, and demolition or removal of 
buildings at National Energy Technology Laboratory facilities in 
Morgantown, West Virginia and Pittsburgh, Pennsylvania; and of which 
$105,000,000 is available, after coordination with the private sector, 
for a request for proposals for a Clean Coal Power Initiative providing 
for competitively-awarded research, development, and demonstration 
projects to reduce the barriers to continued and expanded coal use: 
Provided further, That no project may be selected for which sufficient 
funding is not available to provide for the total project: Provided 
further, That funds shall be expended in accordance with the provisions 
governing the use of funds contained under the heading ``Clean Coal 
Technology'' in 42 U.S.C. 5903d: Provided further, That the Department 
may include provisions for repayment of Government contributions to 
individual projects in an amount up to the Government contribution to 
the project on terms and conditions that are acceptable to the 
Department including repayments from sale and licensing of technologies 
from both domestic and foreign transactions: Provided further, That 
such repayments shall be retained by the Department for future coal-
related research, development and demonstration projects: Provided 
further, That any technology selected under this program shall be 
considered a Clean Coal Technology, and any project selected under this 
program shall be considered a Clean Coal Technology Project, for the 
purposes of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 of title 40 of 
the Code of Federal Regulations: Provided further, That no part of the 
sum herein made available shall be used for the field testing of 
nuclear explosives in the recovery of oil and gas: Provided further, 
That up to 4 percent of program direction funds available to the 
National Energy Technology Laboratory may be used to support Department 
of Energy activities not included in this account.

                 naval petroleum and oil shale reserves

    For expenses necessary to carry out naval petroleum and oil shale 
reserve activities, $18,000,000, to remain available until expended: 
Provided, That, notwithstanding any other provision of law, unobligated 
funds remaining from prior years shall be available for all naval 
petroleum and oil shale reserve activities.

                      elk hills school lands fund

    For necessary expenses in fulfilling installment payments under the 
Settlement Agreement entered into by the United States and the State of 
California on October 11, 1996, as authorized by section 3415 of Public 
Law 104-106, $36,000,000, to become available on October 1, 2005 for 
payment to the State of California for the State Teachers' Retirement 
Fund from the Elk Hills School Lands Fund.

                          energy conservation

    For necessary expenses in carrying out energy conservation 
activities, $656,071,000, to remain available until expended, of which 
$45,098,000 shall be for State energy program grants.

                      strategic petroleum reserve

    For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities pursuant 
to the Energy Policy and Conservation Act of 1975, as amended (42 
U.S.C. 6201 et seq.), $172,100,000, to remain available until expended.

                   northeast home heating oil reserve

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operations, and management activities pursuant to the Energy 
Policy and Conservation Act of 2000, $5,000,000, to remain available 
until expended.

                   energy information administration

    For necessary expenses in carrying out the activities of the Energy 
Information Administration, $85,000,000, to remain available until 
expended.

            administrative provisions, department of energy

    Appropriations under this Act for the current fiscal year shall be 
available for hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase, repair, and cleaning of uniforms; and 
reimbursement to the General Services Administration for security guard 
services.
    From appropriations under this Act, transfers of sums may be made 
to other agencies of the Government for the performance of work for 
which the appropriation is made.
    None of the funds made available to the Department of Energy under 
this Act shall be used to implement or finance authorized price support 
or loan guarantee programs unless specific provision is made for such 
programs in an appropriations Act.
    The Secretary is authorized to accept lands, buildings, equipment, 
and other contributions from public and private sources and to 
prosecute projects in cooperation with other agencies, Federal, State, 
private or foreign: Provided, That revenues and other moneys received 
by or for the account of the Department of Energy or otherwise 
generated by sale of products in connection with projects of the 
Department appropriated under this Act may be retained by the Secretary 
of Energy, to be available until expended, and used only for plant 
construction, operation, costs, and payments to cost-sharing entities 
as provided in appropriate cost-sharing contracts or agreements: 
Provided further, That the remainder of revenues after the making of 
such payments shall be covered, into the Treasury as miscellaneous 
receipts: Provided further, That any contract, agreement, or provision 
thereof entered into by the Secretary pursuant to this authority shall 
not be executed prior to the expiration of 30 calendar days (not 
including any day in which either House of Congress is not in session 
because of adjournment of more than 3 calendar days to a day certain) 
from the receipt by the Speaker of the House of Representatives and the 
President of the Senate of a full comprehensive report on such project, 
including the facts and circumstances relied upon in support of the 
proposed project.
    No funds provided in this Act may be expended by the Department of 
Energy to prepare, issue, or process procurement documents for programs 
or projects for which appropriations have not been made.
    In addition to other authorities set forth in this Act, the 
Secretary may accept fees and contributions from public and private 
sources, to be deposited in a contributed funds account, and prosecute 
projects using such fees and contributions in cooperation with other 
Federal, State or private agencies or concerns.

                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, $2,628,322,000, 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 $479,085,000 for contract medical care 
shall remain available for obligation until September 30, 2006: 
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 
repayment program under section 108 of the Indian Health Care 
Improvement 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 available 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 expended: Provided further, That, notwithstanding 
any other provision of law, of the amounts provided herein, not to 
exceed $267,398,000 shall be for payments to tribes and tribal 
organizations 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 2005, of which not to exceed 
$2,500,000 may be used for contract support costs associated with new 
or expanded self-determination contracts, grants, self-governance 
compacts or annual funding agreements: Provided further, That funds 
available for the Indian Health Care Improvement Fund may be used, as 
needed, to carry out activities typically funded under the Indian 
Health Facilities account.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment 
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 community 
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 environmental health and facilities 
support activities of the Indian Health Service, $405,048,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, funds appropriated 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 Department 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 the Indian 
Health Service and the General Services Administration: 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: Provided further, That up to 
$2,700,000 may be used for the purchase of up to 27 acres at two sites 
for the construction of the northern and southern California Youth 
Regional Treatment Centers subject to advance approval from the House 
and Senate Committees on Appropriations.

            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 equipment; 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 authorized 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 purposes, 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 III or 
title V of the Indian Self-Determination and Education Assistance Act 
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 subsequent 
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 Indian Health Service may purchase 8.5 acres of land for 
expansion of parking facilities at the W.W. Hastings hospital in 
Tahlequah, Oklahoma using third party collections subject to advance 
approval from the House and Senate Committees on Appropriations.
    The appropriation structure for the Indian Health Service may not 
be altered without advance approval of the House and Senate Committees 
on Appropriations.

                         OTHER RELATED AGENCIES

              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, $11,000,000, 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), $6,000,000.

                        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 performances; 
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, $496,925,000, 
of which not to exceed $11,108,000 for the instrumentation program, 
collections acquisition, exhibition reinstallation, the National Museum 
of African American History and Culture, and the repatriation of 
skeletal remains program shall remain available until expended; and of 
which $1,620,000 for fellowships and scholarly awards shall remain 
available until September 30, 2006; 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 independent contractors performing research services or 
participating 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, $122,900,000, to remain available until expended, of which 
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109: 
Provided, That contracts awarded for environmental 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 qualifications as well as price: Provided 
further, That balances from amounts previously appropriated under the 
headings ``Repair, Restoration and Alteration of Facilities'' and 
``Construction'' shall be transferred to and merged with this 
appropriation and shall remain until expended.

           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 approval from the Board of Regents of recommendations 
received from the Science Commission.
    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 written approval of the House and Senate Committees 
on Appropriations in accordance with the reprogramming procedures 
contained in the statement of the managers 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.

                        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 administrative 
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 membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members 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, $93,000,000, of which not to exceed $3,026,000 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, $11,100,000, 
to remain available until expended: Provided, That contracts awarded 
for environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price.

             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, $17,152,000.

             John F. Kennedy Center for the Performing Arts

                              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, $10,000,000, to remain available until 
expended.

            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, 
$8,987,000.

           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, $130,972,000, 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 $22,000,000 for support of arts education and public 
outreach activities through the Challenge America program, for program 
support, and for administering the functions of the Act, to remain 
available until expended: Provided, That funds previously appropriated 
to the National Endowment for the Arts ``Matching Grants'' account and 
``Challenge America'' account may be transferred to and merged with 
this account.

                 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, $125,877,000, 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, 
$16,122,000, to remain available until expended, of which $10,436,000 
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 appropriated.

                       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 purposes per year: Provided further, That 
such small grant actions are taken pursuant to the terms of an 
expressed and direct delegation 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 Commission of 
Fine Arts (40 U.S.C. 104), $1,793,000: 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 without further 
appropriation.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 
U.S.C. 956(a)), as amended, $7,000,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $4,600,000: Provided, 
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, $7,999,000: Provided, That one-quarter of 
one percent of the funds provided under this heading may be used for 
official reception and representational expenses to host international 
visitors engaged in the planning and physical development of world 
capitals.

                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), $41,433,000, of which 
$1,900,000 for the museum's repair and rehabilitation program and 
$1,264,000 for the museum's exhibitions 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.

                     TITLE III--GENERAL PROVISIONS

    Sec. 301. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant 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. 302. 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.
    Sec. 303. 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. 304. None of the funds provided in this Act to any department 
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. 305. No assessments may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless notice of 
such assessments and the basis therefor are presented to the Committees 
on Appropriations and are approved by such committees.
    Sec. 306. 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 2004.
    Sec. 307. (a) Limitation of Funds.--None of the funds appropriated 
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 Secretary 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, 2005, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate 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 examination of the mining claims 
or mill sites contained in a patent application 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. 308. 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, and 108-108 for payments to tribes and tribal organizations for 
contract support costs associated with self-determination or self-
governance contracts, grants, compacts, 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 2004 for such purposes, except that, for the Bureau of 
Indian Affairs, tribes and tribal organizations may use their tribal 
priority allocations for unmet indirect costs of ongoing contracts, 
grants, self-governance compacts or annual funding agreements.
    Sec. 309. Of the funds provided to the National Endowment for the 
Arts--
            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or 
        American Jazz Masters Fellowship.
            (2) The Chairperson shall establish procedures to ensure 
        that no funding provided through a grant, except a grant made 
        to a State or local arts agency, or regional group, may be used 
        to make a grant to any other organization or individual to 
        conduct activity independent of the direct grant recipient. 
        Nothing in this subsection shall prohibit payments made in 
        exchange for goods and services.
            (3) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.
    Sec. 310. Through fiscal year 2009, the National Endowment for the 
Arts and the National Endowment for the Humanities are 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. 311. The section shall apply for fiscal years 2005 through 
2009. (a) In providing services or awarding financial assistance under 
the National Foundation on the Arts and the Humanities Act of 1965 from 
funds appropriated under this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that serve underserved populations.
    (b) In this section:
            (1) The term ``underserved population'' means a population 
        of individuals, including urban minorities, who have 
        historically been outside the purview of arts and humanities 
        programs due to factors such as a high incidence of income 
        below the poverty line or to geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
        family of the size involved.
    (c) In providing services and awarding financial assistance under 
the National Foundation on the Arts and Humanities Act of 1965 with 
funds appropriated by this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that will encourage public knowledge, education, 
understanding, and appreciation of the arts.
    (d) With funds appropriated by this Act to carry out section 5 of 
the National Foundation on the Arts and Humanities Act of 1965--
            (1) the Chairperson shall establish a grant category for 
        projects, productions, workshops, or programs that are of 
        national impact or availability or are able to tour several 
        States;
            (2) the Chairperson shall not make grants exceeding 15 
        percent, in the aggregate, of such funds to any single State, 
        excluding grants made under the authority of paragraph (1);
            (3) the Chairperson shall report to the Congress annually 
        and by State, on grants awarded by the Chairperson in each 
        grant category under section 5 of such Act; and
            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.
    Sec. 312. 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. 313. None of the funds in this Act may be used to support 
Government-wide administrative functions unless such functions are 
justified in the budget process and funding is approved by the House 
and Senate Committees on Appropriations.
    Sec. 314. Notwithstanding any other provision of law, for fiscal 
year 2005 the Secretaries of Agriculture and the Interior are 
authorized to limit competition for watershed restoration project 
contracts as part of the ``Jobs in the Woods'' Program established in 
Region 10 of the Forest Service to individuals and entities in 
historically timber-dependent areas in the States of Washington, 
Oregon, northern California, Idaho, Montana, and Alaska that have been 
affected by reduced timber harvesting on Federal lands. The Secretaries 
shall consider the benefits to the local economy in evaluating bids and 
designing procurements which create economic opportunities for local 
contractors.
    Sec. 315. Amounts deposited during fiscal year 2004 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 
emphasize 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 subsequent 
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. 316. 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. 317. Section 3 of the Act of June 9, 1930 (commonly known as 
the Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended--
            (1) by striking ``The Secretary of Agriculture may, when in 
        his'' and inserting ``(a) The Secretary of Agriculture may, 
        when in his or her'';
            (2) by striking ``Such deposits'' and inserting the 
        following: ``Each of these 4 purposes shall be of equal 
        priority.
    ``(b) Amounts deposited under subsection (a)'';
            (3) by striking ``may direct:'' and all that follows 
        through ``That the Secretary of Agriculture'' and inserting 
        ``may direct. The Secretary of Agriculture''; and
            (4) by adding at the end the following new subsection:
    ``(c) Any portion of the balance at the end of a fiscal year in the 
special fund established pursuant to this section that the Secretary of 
Agriculture determines to be in excess of the cost of doing work 
described in subsection (a) (as well as any portion of the balance in 
the special fund that the Secretary determined, before October 1, 2004, 
to be excess of the cost of doing work described in subsection (a), but 
which has not been transferred by that date) shall be transferred to 
miscellaneous receipts, National Forest Fund, as a National Forest 
receipt, but only if the Secretary also determines that--
            ``(1) the excess amounts will not be needed for emergency 
        wildfire suppression during the fiscal year in which the 
        transfer would be made; and
            ``(2) the amount to be transferred to miscellaneous 
        receipts, National Forest Fund, exceeds the outstanding balance 
        of unreimbursed funds transferred from the special fund in 
        prior fiscal years for wildfire suppression.''.
    Sec. 318. A project undertaken by the Forest Service under the 
Recreation Fee Demonstration Program as authorized by section 315 of 
the Department of the Interior and Related Agencies Appropriations Act 
for Fiscal Year 1996, as amended, shall not result in--
            (1) displacement of the holder of an authorization to 
        provide commercial recreation services on Federal lands. Prior 
        to initiating any project, the Secretary shall consult with 
        potentially affected holders to determine what impacts the 
        project may have on the holders. Any modifications to the 
        authorization shall be made within the terms and conditions of 
        the authorization and authorities of the impacted agency; and
            (2) the return of a commercial recreation service to the 
        Secretary for operation when such services have been provided 
        in the past by a private sector provider, except when--
                    (A) the private sector provider fails to bid on 
                such opportunities;
                    (B) the private sector provider terminates its 
                relationship with the agency; or
                    (C) the agency revokes the permit for non-
                compliance with the terms and conditions of the 
                authorization.
    In such cases, the agency may use the Recreation Fee Demonstration 
Program to provide for operations until a subsequent operator can be 
found through the offering of a new prospectus.
    Sec. 319. Prior to October 1, 2005, 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 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.
    Sec. 320. 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 allowed under the Presidential proclamation 
establishing such monument.
    Sec. 321. Extension of Forest Service Conveyances Pilot Program.--
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 
amended--
            (1) in subsection (b), by striking ``30'' and inserting 
        ``40'';
            (2) in subsection (c) by striking ``8'' and inserting 
        ``13''; and
            (3) in subsection (d), by striking ``2006'' and inserting 
        ``2008''.
    Sec. 322. Employees of the foundations established by Acts of 
Congress to solicit private sector funds on behalf of Federal land 
management agencies shall, hereafter, qualify for General Service 
Administration contract airfares.
    Sec. 323. 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 Agriculture 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 associated with the firefighter shall be subject to 
any legal action whatsoever pertaining to or arising out of the 
firefighter's role in fire suppression.
    Sec. 324. Notwithstanding any other provision of law or regulation, 
to promote the more efficient use of the health care funding allocation 
for fiscal year 2005, 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, pharmacist, or other health professional and 
may pay a recruitment or retention bonus of up to 25 percent above the 
base pay rate.
    Sec. 325. 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 
authority provided in, this Act or any other appropriations Act.
    Sec. 326. 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 2005.
    Sec. 327. None of the funds made available in this Act may be used 
for the planning, design, or construction of improvements to 
Pennsylvania Avenue in front of the White House without the advance 
approval of the Committees on Appropriations.
    Sec. 328. In awarding a Federal Contract with funds made available 
by this Act, 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 the Secretaries may award 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 disadvantaged business: Provided further, That the 
contract, grant, or cooperative agreement is for forest hazardous fuels 
reduction, watershed or water quality monitoring 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 under applicable procurement laws, except 
as provided in this section.
    Sec. 329. 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 Expansion Act of 
1989, or to funds appropriated for Federal assistance to the State of 
Florida to acquire lands for Everglades restoration purposes.
    Sec. 330. Section 315(f) of the Department of the Interior and 
Related Agencies Appropriations Act, 1996 (as contained in section 
101(c) of Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a 
note), is amended--
            (1) in subsection (b), by inserting ``subject to subsection 
        (g) but'' before ``notwithstanding'' in the matter preceding 
        paragraph (1); and
            (2) by adding at the end the following new subsection:
    ``(g) The Secretary of Agriculture may not charge or collect fees 
under this section for the following:
            ``(1) Admission to a unit of the National Forest System (as 
        defined in section 11(a) of the Forest and Rangeland Renewable 
        Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
            ``(2) the use of, either singly or in any combination, of 
        the following:
                    ``(A) undesignated parking along roads;
                    ``(B) overlook sites or scenic pullouts;
                    ``(C) information offices and centers that only 
                provide general area information and limited services 
                or interpretive exhibits; and
                    ``(D) dispersed areas for which expenditures in 
                facilities or services are limited.''.
    Sec. 331. (a) Annual Reporting Requirements on Competitive Sourcing 
Activities.--
            (1) Not later than December 31 of each year, beginning with 
        December 31, 2004, the Secretary concerned shall submit to the 
        Committees on Appropriations of the Senate and the House of 
        Representatives a report, covering the preceding fiscal year, 
        on the competitive sourcing studies conducted by the Department 
        of the Interior, the Forest Service, or the Department of 
        Energy, as appropriate, and the costs and cost savings to the 
        citizens of the United States of such studies.
            (2) In this subsection, the term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to 
                the Department of the Interior programs, projects, and 
                activities for which funds are appropriated by this 
                Act;
                    (B) the Secretary of Agriculture, with respect to 
                the Forest Service; and
                    (C) the Secretary of Energy, with respect to the 
                Department of Energy programs, projects, and activities 
                for which funds are appropriated by this Act.
            (3) The report under this subsection shall include, for the 
        fiscal year covered--
                    (A) the total number of competitions completed;
                    (B) the total number of competitions announced, 
                together with a list of the activities covered by such 
                competitions;
                    (C) the total number of full-time equivalent 
                Federal employees studied under completed competitions;
                    (D) the total number of full-time equivalent 
                Federal employees being studied under competitions 
                announced, but not completed;
                    (E) the incremental cost directly attributable to 
                conducting the competitions identified under 
                subparagraphs (A) and (B), including costs attributable 
                to paying outside consultants and contractors and, in 
                accordance with full cost accounting principles, all 
                costs attributable to developing, implementing, 
                supporting, managing, monitoring, and reporting on 
                competitive sourcing, including personnel, consultant, 
                travel, and training costs associated with program 
                management;
                    (F) an estimate of the total anticipated savings, 
                or a quantifiable description of improvements in 
                service or performance, derived from completed 
                competitions;
                    (G) actual savings, or a quantifiable description 
                of improvements in service or performance, derived from 
                the implementation of competitions;
                    (H) the total projected number of full-time 
                equivalent Federal employees covered by competitions 
                scheduled to be announced in the fiscal year; and
                    (I) a description of how the competitive sourcing 
                decision making processes are aligned with strategic 
                workforce plans.
    (b) Competitive Sourcing Exemption for Forest Service Studies 
Conducted Prior to Fiscal Year 2005.--Notwithstanding requirements of 
Office of Management and Budget Circular A-76, Attachment B, the Forest 
Service is hereby exempted from implementing the Letter of Obligation 
and post-competition accountability guidelines where a competitive 
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.
    (c) Limitation on Competitive Sourcing Studies.--
            (1) Of the funds made available by this or any other Act to 
        the Department of Energy or the Department of the Interior for 
        fiscal year 2005, not more than the maximum amount specified in 
        paragraph (2)(A) may be used by the Secretary of Energy or the 
        Secretary of the Interior to initiate or continue competitive 
        sourcing studies in fiscal year 2005 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 
        in House Report 108-330.
            (2) For the purposes of paragraph (1), the maximum amount--
                    (A) with respect to the Department of Energy is 
                $500,000; and
                    (B) with respect to the Department of the Interior 
                is $2,500,000; and
            (3) Of the funds appropriated by this Act, not more than 
        $2,000,000 may be used in fiscal year 2005 for competitive 
        sourcing studies and related activities by the Forest Service.
    (d) Limitation on Conversion to Contractor Performance.--
            (1) None of the funds made available in this or any other 
        Act may be used to convert to contractor performance an 
        activity or function of the Forest Service, an activity or 
        function of the Department of the Interior performed under 
        programs, projects, and activities for which funds are 
        appropriated by this Act, or an activity or function of the 
        Department of Energy performed under programs, projects, and 
        activities for which funds are appropriated by this Act, if 
        such activity or function is performed on or after the date of 
        the enactment of this Act by more than 10 Federal employees 
        unless--
                    (A) the conversion is based on the result of a 
                public-private competition that includes a more 
                efficient and cost effective organization plan 
                developed by such activity or function; and
                    (B) the Competitive Sourcing Official determines 
                that, over all performance periods stated in the 
                solicitation of offers for performance of the activity 
                or function, the cost of performance of the activity or 
                function by a contractor would be less costly to the 
                Federal Government by an amount that equals or exceeds 
                the lesser of--
                            (i) 10 percent of the more efficient 
                        organization's personnel-related costs for 
                        performance of that activity or function by 
                        Federal employees; or
                            (ii) $10,000,000.
            (2) This subsection shall not apply to a commercial or 
        industrial type function that--
                    (A) is included on the procurement list established 
                pursuant to section 2 of the Javits-Wagner-O'Day Act 
                (41 U.S.C. 47);
                    (B) is planned to be converted to performance by a 
                qualified nonprofit agency for the blind or by a 
                qualified nonprofit agency for other severely 
                handicapped individuals in accordance with that Act; or
                    (C) is planned to be converted to performance by a 
                qualified firm under at least 51 percent ownership by 
                an Indian tribe, as defined in section 4(e) of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, 
                as defined in section 8(a)(15) of the Small Business 
                Act (15 U.S.C. 637(a)(15)).
            (3) The conversion of any activity or function under the 
        authority provided by this subsection shall be credited toward 
        any competitive or outsourcing goal, target, or measurement 
        that may be established by statute, regulation, or policy.
    (e) Competitive Sourcing Study Defined.--In this subsection, the 
term ``competitive sourcing study'' means a study on subjecting work 
performed by Federal Government employees or private contractors 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.
    Sec. 332. Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects and activities to support 
governmentwide, departmental, agency or bureau administrative functions 
or headquarters, regional or central office operations shall be 
presented in annual budget justifications. Changes to such estimates 
shall be presented to the Committees on Appropriations for approval.
    Sec. 333. None of the funds in this or any other Act may be used by 
the agencies funded in this Act to implement Safecom, Disaster 
Management, E-Training, and E-Rulemaking.

     conveyance of a small parcel of public domain land in the san 
         bernardino national forest in the state of california

    Sec. 334. (a) Findings.--The Congress finds that--
            (1) a select area of the San Bernardino National Forest in 
        California is heavily developed with recreation residences and 
        is immediately adjacent to comparably developed private 
        property;
            (2) it is in the public interest to convey the above 
        referenced area to the owners of the recreation residences; and
            (3) the Secretary of Agriculture should use the proceeds of 
        such conveyance to acquire additional lands within the 
        boundaries of the San Bernardino National Forest.
    (b) Conveyance Required.--Subject to valid existing rights and such 
terms, conditions, and restrictions as the Secretary deems necessary or 
desirable in the public interest, the Secretary of Agriculture shall 
convey to the Mill Creek Homeowners Association (hereinafter 
Association) all right, title, and interest of the United States in and 
to the Mill Creek parcel of real estate described in subsection (c)(1). 
In the event the Secretary and the Association for any reason do not 
complete the sale within two years from the date of enactment of this 
Act, this authority shall expire.
    (c) Legal Description and Correction Authority.--
            (1) Description.--The Mill Creek parcel, approximately 
        28.75 acres, as shown on a map, ``The Mill Creek Conveyance 
        Parcel--San Bernardino National Forest, dated June 1, 2004'' 
        and more particularly described as T.1 S., R.1 W., Section 8, 
        E1/2N1/2N1/2NE1/4SE1/4NE1/4S1/2N1/2N1/2SE1/4NE1/4S1/2N1/2SE1/
        4NE1/4NE1/4SW1/4SE1/4NE1/4N1/2SE1/4SE1/4NE1/4S1/2NE1/4SW1/4NE1/
        4, located in the San Bernardino Meridian of the United States 
        Public Land Survey System, California. The map shall be on file 
        and available for inspection in the office of the Chief, Forest 
        Service, Washington, D.C. and in the office of the Forest 
        Supervisor, San Bernardino National Forest until such time as 
        the lands are conveyed.
            (2) Corrections.--The Secretary is authorized to make minor 
        corrections to this map and may modify the description to 
        correct errors or to reconfigure the property in order to 
        facilitate conveyance. In the event of a conflict between the 
        map description and the USPLSS description of the land in 
        paragraph (1), the map will be considered the definitive 
        description of the land.
    (d) Consideration.--Consideration for the conveyance under 
subsection (b) shall be equal to the appraised fair market value of the 
parcel of real property to be conveyed. Such appraisal shall be 
prepared in conformity with the Uniform Appraisal Standards for Federal 
Land Acquisition.
    (e) Access Requirements.--Notwithstanding section 1323(a) of the 
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or 
any other law, the Secretary is not required to provide access over 
National Forest System lands to the parcel of real estate to be 
conveyed under subsection (b).
    (f) Administrative Costs.--All costs incurred by the Secretary of 
Agriculture and any costs associated with the creation of a subdivided 
parcel, conducting and recordation of a survey, zoning, planning 
approval, and similar expenses with respect to the conveyance under 
subsection (b), shall be borne by the Association.
    (g) Assumption of Liability.--By acceptance of the conveyance of 
the parcel of real property referred to in subsection (b), the 
Association and its successors and assigns will indemnify and hold 
harmless the United States for any and all liability to any party that 
is associated with the parcel.
    (h) Treatment of Receipts.--All funds received pursuant to the 
conveyance of the parcel of real property referred to in subsection (b) 
shall be deposited in the fund established under Public Law 90-171 (16 
U.S.C. 484a; commonly known as the Sisk Act), and the funds shall 
remain available to the Secretary, until expended, for the acquisition 
of lands, waters, and interests in land for inclusion in the San 
Bernardino National Forest.
    Sec. 335. Section 331 of the Department of the Interior and Related 
Agencies Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 996), 
is amended--
            (1) in subsection (a), by striking ``Until September 30, 
        2004, the'' and inserting ``The''; and
            (2) by adding at the end the following new subsections:
    ``(d) Inclusion of Colorado BLM Lands.--The authority provided by 
this section shall also be available to the Secretary of the Interior 
with respect to public lands in the State of Colorado administered by 
the Secretary through the Bureau of Land Management.
    ``(e) Expiration of Authority.--The authority of the Secretary of 
Agriculture and the Secretary of the Interior to enter into cooperative 
agreements and contracts under this section expires September 30, 2009, 
and the term of any cooperative agreement or contract entered into 
under this section shall not extend beyond that date.''.

 TITLE IV--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEARS 2004 AND 2005 
            FOR URGENT WILDLAND FIRE SUPPRESSION ACTIVITIES

                      CHAPTER 1--FISCAL YEAR 2004

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                        wildland fire management

    For an additional amount for fiscal year 2004 for ``Wildland Fire 
Management'', $100,000,000, to remain available until expended, for 
urgent wildland fire suppression activities related to the fiscal year 
2004 fire season pursuant to section 312 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided, That such funds are also available 
for repayment of advances to other appropriation accounts from which 
funds are transferred for such purposes: Provided further, That cost 
containment measures shall be implemented within this account for 
fiscal year 2004, and the Secretary of the Interior shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives a report on such cost containment measures by December 
31 following the end of such fiscal year.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                        wildland fire management

    For an additional amount for fiscal year 2004 for ``Wildland Fire 
Management'', $400,000,000, to remain available until expended, for 
urgent wildland fire suppression activities related to the fiscal year 
2004 fire season pursuant to section 312 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided, That such funds are also available 
for repayment of advances to other appropriation accounts from which 
funds are transferred for such purposes: Provided further, That cost 
containment measures shall be implemented within this account for 
fiscal year 2004, and the Secretary of Agriculture shall submit to the 
Committees on Appropriations of the Senate and the House of 
Representatives a report on such cost containment measures by December 
31 following the end of such fiscal year.

                      CHAPTER 2--FISCAL YEAR 2005

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                        wildland fire management

    For an additional amount for fiscal year 2005 for ``Wildland Fire 
Management'', $100,000,000, to remain available until expended, for 
urgent wildland fire suppression activities related to the fiscal year 
2005 fire season pursuant to section 312 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided, That these funds will become 
available in the event that funds provided in title I of this Act for 
wildland fire suppression are insufficient: Provided further, That such 
funds are also available for repayment of advances to other 
appropriation accounts from which funds are transferred for such 
purposes: Provided further, That cost containment measures shall be 
implemented within this account for fiscal year 2005, and the Secretary 
of the Interior shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives a report on such cost 
containment measures by December 31 following the end of such fiscal 
year.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                        wildland fire management

    For an additional amount for fiscal year 2005 for ``Wildland Fire 
Management'', $400,000,000, to remain available until expended, for 
urgent wildland fire suppression activities related to the fiscal year 
2005 fire season pursuant to section 312 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives by H. 
Res. 649 (108th Congress): Provided, That these funds will become 
available in the event that funds provided in title II of this Act for 
wildland fire suppression are insufficient: Provided further, That such 
funds are also available for repayment of advances to other 
appropriation accounts from which funds are transferred for such 
purposes: Provided further, That cost containment measures shall be 
implemented within this account for fiscal year 2005, and the Secretary 
of Agriculture shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives a report on such cost 
containment measures by December 31 following the end of such fiscal 
year.
    Sec. 401. None of the funds provided under this Act may be used for 
the salaries and expenses of any employee for the expenditure of any 
fee collected under section 315(f) of the Department of the Interior 
and Related Agencies Appropriations Act, 1996 (as contained in section 
101(c) of Public Law 104-134) for the costs, in whole or in part, of 
the biological monitoring for a species that is included in a list 
published under the Endangered Species Act of 1973 (16 U.S.C. 1533(c)), 
or that is a candidate for inclusion in such a list.
    Sec. 402. None of the funds made available in this Act may be used 
for the planning, designing, studying, or construction of forest 
development roads in the Tongass National Forest for the purpose of 
harvesting timber by private entities or individuals.
    Sec. 403. The Secretary of the Interior shall submit a report to 
Congress 30 days after enactment of this Act with a date certain of 
when and whether the public will have full access to the Statue of 
Liberty including all areas that were closed after 9/11.
    This Act may be cited as the ``Department of the Interior and 
Related Agencies Appropriations Act, 2005''.

            Passed the House of Representatives June 17, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.