[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2361 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         June 29, 2005.
      Resolved, That the bill from the House of Representatives (H.R. 
2361) entitled ``An Act making appropriations for the Department of the 
Interior, environment, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Department of the 
Interior, environment, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

    For necessary expenses for protection, use, 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)), $867,045,000, to 
remain available until expended, of which $1,250,000 is for high 
priority projects, to be carried out by the Youth Conservation Corps; 
and of which $3,000,000 shall be available in fiscal year 2006 subject 
to a match by at least an equal amount by the National Fish and 
Wildlife Foundation for cost-shared projects supporting conservation of 
Bureau lands; and such funds shall be advanced to the Foundation as a 
lump sum grant without regard to when expenses are incurred.
    In addition, $32,696,000 is for Mining Law 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 $867,045,000, 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.

                        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, $766,564,000, to remain available until expended, of 
which not to exceed $7,849,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such purposes: 
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be 
furnished subsistence and lodging without cost from funds available 
from this appropriation: Provided further, That 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: (1) local private, nonprofit, or cooperative 
entities; (2) Youth Conservation Corps crews or related partnerships 
with State, local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train locally a 
significant percentage, defined as 50 percent or more, of the project 
workforce to complete such contracts: Provided further, That in 
implementing this section, the Secretary shall develop written guidance 
to field units to ensure accountability and consistent application of 
the authorities provided herein: Provided further, That funds 
appropriated under this head may be used to reimburse the United States 
Fish and Wildlife Service and the National Marine Fisheries Service for 
the costs of carrying out their responsibilities under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, 
as required by section 7 of such Act, in connection with wildland fire 
management activities: Provided further, That the Secretary of the 
Interior may use wildland fire appropriations to enter into non-
competitive sole source leases of real property with local 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.

                              construction

    For construction of buildings, recreation facilities, roads, 
trails, and appurtenant facilities, $9,976,000, 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, $12,250,000, 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; 
$110,070,000, to remain available until expended: Provided, That 25 
percent of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is hereby 
made a charge against the Oregon and California land-grant fund and 
shall be transferred to the General Fund in the Treasury in accordance 
with the second paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876).

               forest ecosystem health and recovery fund

                   (revolving fund, special account)

    In addition to the purposes authorized in Public Law 102-381, funds 
made available in the Forest Ecosystem Health and Recovery Fund can be 
used for the purpose of planning, preparing, implementing and 
monitoring salvage timber sales and forest ecosystem health and 
recovery activities, such as release from competing vegetation and 
density control treatments. The Federal share of receipts (defined as 
the portion of salvage timber receipts not paid to the counties under 
43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393) 
derived from treatments funded by this account shall be deposited into 
the Forest Ecosystem Health and Recovery Fund.

                           range improvements

    For rehabilitation, protection, and acquisition of lands and 
interests therein, and improvement of Federal rangelands pursuant to 
section 401 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent 
of all moneys received during the prior fiscal year under sections 3 
and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range 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, $993,485,000, to remain 
available until September 30, 2007, except as otherwise provided 
herein: Provided, That $2,500,000 is for high priority projects, which 
shall be carried out by the Youth Conservation Corps: Provided further, 
That not to exceed $18,130,000 shall be used for implementing 
subsections (a), (b), (c), and (e) of section 4 of the Endangered 
Species Act, as amended, for species that are indigenous to the United 
States (except for processing petitions, developing and issuing 
proposed and final regulations, and taking any other steps to implement 
actions described in subsection (c)(2)(A), (c)(2)(B)(i), or 
(c)(2)(B)(ii)), of which not to exceed $12,852,000 shall be used for 
any activity regarding the designation of critical habitat, pursuant to 
subsection (a)(3), excluding litigation support, for species listed 
pursuant to subsection (a)(1) prior to October 1, 2005: Provided 
further, That of the amount available for law enforcement, up to 
$400,000, to remain available until expended, may at the discretion of 
the Secretary be used for payment for information, rewards, or evidence 
concerning 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: Provided further, That of the 
total amounts made available under this heading, $350,000 may be made 
available for the mussel program at the White Sulphur Springs National 
Fish Hatchery.

                              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; 
$31,811,000, to remain available until expended: Provided, That funds 
made available under the 2005 Consolidated Appropriations Act (Public 
Law 108-447) for the Chase Lake and Arrowwood National Wildlife 
Refuges, North Dakota, shall be transferred to North Dakota State 
University to complete planning and design for a Joint Interpretive 
Center.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative 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, $40,827,000 to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

                      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, $25,000,000, 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, $7,500,000, 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.

            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, $80,000,000, 
of which $34,347,000 is to be derived from the Cooperative Endangered 
Species Conservation Fund and $45,653,000 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, 
$39,500,000, to remain available until expended.

                neotropical migratory bird conservation

    For financial assistance for projects to promote the conservation 
of neotropical migratory birds in accordance with the Neotropical 
Migratory Bird Conservation Act, Public Law 106-247 (16 U.S.C. 6101-
6109), $4,000,000, to remain available until expended.

                multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
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), the Great Ape Conservation Act of 2000 (16 
U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public 
Law 108-266; 16 U.S.C. 6601), $6,500,000, to remain available until 
expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and federally 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, $72,000,000, 
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: (1) to the District of Columbia and to the 
Commonwealth of Puerto Rico, each a sum equal to not more than one-half 
of 1 percent thereof; and (2) to Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands, each a sum equal to not more than one-fourth of 1 percent 
thereof: Provided further, That the Secretary shall apportion the 
remaining amount in the following manner: (1) one-third of which is 
based on the ratio to which the land area of such State bears to the 
total land area of all such States; and (2) two-thirds of which is 
based on the ratio to which the population of such State bears to the 
total population of all such States: Provided further, That the amounts 
apportioned under this 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 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 2006 to any State, territory, or other 
jurisdiction that remains unobligated as of September 30, 2007, shall 
be reapportioned, together with funds appropriated in 2008, in the 
manner provided herein: Provided further, That balances from amounts 
previously appropriated under the heading ``State Wildlife Grants'' 
shall be transferred to and merged with this appropriation and shall 
remain available until expended.

                       administrative provisions

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 61 
passenger motor vehicles, of which 61 are for replacement only 
(including 22 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, $1,748,486,000, of which $9,892,000 is 
for planning and interagency coordination in support of Everglades 
restoration and shall remain available until expended; of which 
$98,100,000, to remain available until September 30, 2007, is for 
maintenance, repair or rehabilitation projects for constructed assets, 
operation of the National Park Service automated facility management 
software system, and comprehensive facility condition assessments; and 
of which $2,500,000 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, $80,411,000.

                  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, $56,729,000: Provided, That 
none of the funds in this Act for the River, Trails and Conservation 
Assistance program may be used for cash agreements, or for cooperative 
agreements that are inconsistent with the program's final strategic 
plan.

                       historic preservation fund

    For expenses necessary in carrying out the Historic 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), $74,500,000, 
to be derived from the Historic Preservation Fund and to remain 
available until September 30, 2007, of which $2,000,000 is for 
Historically Black Colleges and Universities, of which $30,000,000 
shall be for Save America's Treasures for preservation of nationally 
significant sites, structures, and artifacts: Provided, That not to 
exceed $7,500,000 of the amount provided for Save America's Treasures 
may be for Preserve America grants to States, Tribes, and local 
communities for projects that preserve important historic resources 
through the promotion of heritage tourism: Provided further, That any 
individual Save America's Treasures or Preserve America grant shall be 
matched by non-Federal funds: Provided further, That individual 
projects shall only be eligible for one grant: Provided further, That 
all projects to be funded shall be approved by the Secretary of the 
Interior in consultation with the House and Senate Committees on 
Appropriations, and in consultation with the President's Committee on 
the Arts and Humanities prior to the commitment of Save America's 
Treasures grant funds and with the Advisory Council on Historic 
Preservation prior to the commitment of Preserve America grant funds: 
Provided further, That Save America's Treasures funds allocated for 
Federal projects, following approval, shall be available by transfer to 
appropriate accounts of individual agencies.

                              construction

                     (including transfer of funds)

    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, 
$316,201,000, to remain available until expended, of which $17,000,000 
for modified water deliveries to Everglades National Park shall be 
derived by transfer from unobligated balances in the ``Land Acquisition 
and State Assistance'' account for Everglades National Park land 
acquisitions, and of which $500,000 for the Mark Twain Boyhood Home 
National Historic Landmark shall be derived from the Historic 
Preservation Fund pursuant to 16 U.S.C. 470a: Provided, That none of 
the funds available to the National Park Service may be used to plan, 
design, or construct any partnership project with a total value in 
excess of $5,000,000, without advance approval of the House and Senate 
Committees on Appropriations: Provided further, That 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 approval of the 
House and Senate Committees on Appropriations: Provided further, That 
funds provided under this heading for implementation of modified water 
deliveries to Everglades National Park shall be expended consistent 
with the requirements of the fifth proviso under this heading in Public 
Law 108-108: Provided further, That hereinafter notwithstanding any 
other provision of law, procurements for the Mount Rainier National 
Park Jackson Visitor Center replacement and the rehabilitation of 
Paradise Inn and Annex may be issued which include the full scope of 
the facility: Provided further, That the solicitation and contract 
shall contain the clause ``availability of funds'' found at 48 CFR 
52.232.18: Provided further, That none of the funds provided in this or 
any other Act may be used for planning, design, or construction of any 
underground security screening or visitor contact facility at the 
Washington Monument until such facility has been approved in writing by 
the House and Senate Committees on Appropriations.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 2006 by 16 U.S.C. 
460l-10a is rescinded.

                 land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $86,005,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $30,000,000 is for the State assistance program including 
$1,587,000 for program administration: Provided, That none of the funds 
provided for the State assistance program may be used to establish a 
contingency fund.

                       administrative provisions

    Appropriations for the National Park Service shall be available for 
the purchase of not to exceed 245 passenger motor vehicles, of which 
199 shall be for replacement only, including not to exceed 193 for 
police-type use, 10 buses, and 8 ambulances: Provided, That none of the 
funds appropriated to the National Park Service may be used to 
implement an agreement for the redevelopment of the southern end of 
Ellis Island until such agreement has been submitted to the Congress 
and shall not be implemented prior to the expiration of 30 calendar 
days (not including any day in which either House of Congress is not in 
session because of 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 in fiscal year 2006 and 
thereafter, appropriations available to the National Park Service may 
be used to maintain the following areas in Washington, District of 
Columbia: Jackson Place, Madison Place, and Pennsylvania Avenue between 
15th and 17th Streets, Northwest.
    None of the funds in this Act may be spent by the National Park 
Service for activities taken in direct response to the United Nations 
Biodiversity Convention.
    The National Park Service may distribute to operating units based 
on the safety record of each unit the costs of programs designed to 
improve workplace and employee safety, and to 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.
    If the Secretary of the Interior considers the decision of any 
value determination proceeding conducted under a National Park Service 
concession contract issued prior to November 13, 1998, to misinterpret 
or misapply relevant contractual requirements or their underlying legal 
authority, the Secretary may seek, within 180 days of any such 
decision, the de novo review of the value determination by the United 
States Court of Federal Claims, and that court may make an order 
affirming, vacating, modifying or correcting the determination.
    In addition to other uses set forth in section 407(d) of Public Law 
105-391, franchise fees credited to a sub-account shall be available 
for expenditure by the Secretary, without further 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); 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 relative to the foregoing activities; $963,057,000, of 
which $63,770,000 shall be available only for cooperation with States 
or municipalities for water resources investigations; of which 
$7,791,000 shall remain available until expended for satellite 
operations; of which $21,720,000 shall be available until September 30, 
2007, for the operation and maintenance of facilities and deferred 
maintenance; of which $1,600,000 shall be available until expended for 
deferred maintenance and capital improvement projects that exceed 
$100,000 in cost; and of which $174,280,000 shall be available until 
September 30, 2007, for the biological research activity and the 
operation of the Cooperative Research Units: Provided, That from the 
amount provided for the biological research activity, $200,000 may be 
made available to the University of Missouri-Columbia to establish a 
wetland ecology center of excellence: Provided further, That none of 
the funds provided for the biological research activity shall be used 
to conduct new surveys on private property, unless specifically 
authorized in writing by the property owner: Provided further, That no 
part of this appropriation shall be used to pay more than one-half the 
cost of topographic mapping or water resources data collection and 
investigations carried on in cooperation with States and 
municipalities.

                       administrative provisions

    From within the amount appropriated for activities of the United 
States Geological Survey such sums as are necessary shall be available 
for the purchase and replacement of passenger motor vehicles; 
reimbursement to the General Services Administration for security guard 
services; contracting for the furnishing of 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, $152,516,000, of which $78,529,000 
shall be available for royalty management activities; and an amount not 
to exceed $122,730,000, to be credited to this appropriation and to 
remain available until expended, from additions to receipts resulting 
from increases to rates in effect on August 5, 1993, from rate 
increases to fee collections for Outer Continental Shelf 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 $122,730,000 in 
additions to receipts are not realized from the sources of receipts 
stated above, the amount needed to reach $122,730,000 shall be credited 
to this appropriation from receipts resulting from rental rates for 
Outer Continental Shelf leases in effect before August 5, 1993: 
Provided further, That $3,000,000 for computer acquisitions shall 
remain available until September 30, 2007: Provided further, That not 
to exceed $3,000 shall be available for reasonable expenses related to 
promoting volunteer beach and marine cleanup activities: Provided 
further, That notwithstanding any other provision of law, $15,000 under 
this heading shall be available for refunds of overpayments in 
connection with certain Indian leases in which the Director of MMS 
concurred with the claimed refund due, to pay amounts owed to Indian 
allottees or tribes, or to correct prior unrecoverable erroneous 
payments: Provided further, That in fiscal year 2006 and thereafter, 
MMS may under the royalty-in-kind program, or under its authority to 
transfer oil to the Strategic Petroleum Reserve, use a portion of the 
revenues from royalty-in-kind sales, without regard to fiscal year 
limitation, to pay for transportation to wholesale market centers or 
upstream pooling points, to process or otherwise dispose of royalty 
production taken in kind, and to recover MMS transportation costs, 
salaries, and other administrative costs directly related to the 
royalty-in-kind program: Provided further, That MMS shall analyze and 
document the expected return in advance of any royalty-in-kind sales to 
assure to the maximum extent practicable that royalty income under the 
program is equal to or greater than royalty income recognized under a 
comparable royalty-in-value program.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of 
the Oil Pollution Act of 1990, $7,006,000, which shall be derived from 
the Oil Spill Liability Trust Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

    For necessary expenses to carry out the provisions of the 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; $110,435,000: Provided, That the 
Secretary of the Interior, pursuant to regulations, may use directly or 
through grants to States, moneys collected in fiscal year 2006 for 
civil penalties assessed under section 518 of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands 
adversely affected by coal mining practices after August 3, 1977, to 
remain available until expended: Provided further, That appropriations 
for the Office of Surface Mining Reclamation and Enforcement may 
provide for the travel and per diem expenses of State and tribal 
personnel attending Office of Surface Mining Reclamation and 
Enforcement sponsored training.

                    abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $188,014,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $10,000,000, to be derived from the Federal Expenses 
Share of the Fund, shall 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 2006: Provided further, 
That pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 percent from the recovery of the delinquent 
debt owed to the United States Government to pay for contracts to 
collect these debts: Provided further, That funds made available under 
title IV of Public Law 95-87 may be used for any required non-Federal 
share of the cost of projects funded by the Federal Government for the 
purpose of environmental 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.

                        administrative provision

    With funds available for the Technical Innovation and Professional 
Services program in this Act, the Secretary may transfer title for 
computer hardware, software and other technical equipment to State and 
Tribal regulatory and reclamation programs.

                        Bureau of Indian Affairs

                      operation of indian programs

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments 
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2501 et seq.), as amended, $1,971,132,000, to remain 
available until September 30, 2007 except as otherwise provided herein, 
of which not to exceed $86,462,000 shall be for welfare assistance 
payments and notwithstanding any other provision of law, including but 
not limited to the Indian Self-Determination Act of 1975, as amended, 
not to exceed $134,609,000 shall be available for payments to tribes 
and tribal organizations for contract support costs associated with 
ongoing contracts, grants, compacts, or annual funding agreements 
entered into with the Bureau prior to or during fiscal year 2006, as 
authorized by such Act, except that tribes and tribal organizations may 
use their tribal priority allocations for unmet indirect contract 
support costs of ongoing contracts, grants, or compacts, or annual 
funding agreements and for unmet welfare assistance costs; and of which 
not to exceed $454,725,000 for school operations costs of Bureau-funded 
schools and other education programs shall become available on July 1, 
2006, and shall remain available until September 30, 2007; and of which 
not to exceed $61,667,000 shall remain available until expended for 
housing improvement, road maintenance, attorney fees, litigation 
support, the Indian Self-Determination Fund, land records improvement, 
and the Navajo-Hopi Settlement Program: Provided, That notwithstanding 
any other provision of law, including but not limited to the Indian 
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to 
exceed $44,718,000 within and only from such amounts made available for 
school operations shall be available to tribes and tribal organizations 
for administrative cost grants associated with ongoing grants entered 
into with the Bureau prior to or during fiscal year 2005 for the 
operation of Bureau-funded schools, and up to $500,000 within and only 
from such amounts made available for school operations shall be 
available for the transitional costs of initial administrative cost 
grants to tribes and tribal organizations that enter into grants for 
the operation on or after July 1, 2005, of Bureau-operated schools: 
Provided further, That any forestry funds allocated to a tribe which 
remain unobligated as of September 30, 2007, may be transferred during 
fiscal year 2008 to an Indian forest land assistance account 
established for the benefit of such tribe within the tribe's trust fund 
account: Provided further, That any such unobligated balances not so 
transferred shall expire on September 30, 2008.

                              construction

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
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, $267,137,000, to 
remain available until expended: Provided, That such amounts as may be 
available for the construction of the Navajo Indian Irrigation Project 
may be transferred to the Bureau of Reclamation: Provided further, That 
not to exceed 6 percent of contract authority available to the Bureau 
of Indian Affairs from the Federal Highway Trust Fund may be used to 
cover the road program management costs of the Bureau: Provided 
further, That any funds provided for the Safety of Dams program 
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable 
basis: Provided further, That for fiscal year 2006, in implementing new 
construction or facilities improvement and repair project grants in 
excess of $100,000 that are provided to tribally controlled grant 
schools under Public Law 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 in 
order to ensure timely completion of replacement school construction 
projects, the Secretary may assume control of a project and all funds 
related to the project, if, within eighteen months of the date of 
enactment of this Act, any tribe or tribal organization receiving funds 
appropriated in this Act or in any prior Act, has not completed the 
planning and design phase of the project and commenced construction of 
the replacement school: Provided further, That this Appropriation may 
be reimbursed from the Office of the Special Trustee for American 
Indians Appropriation for the appropriate share of construction costs 
for space expansion needed in agency offices to meet trust reform 
implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For miscellaneous payments to Indian tribes and individuals and for 
necessary administrative expenses, $24,754,000, to remain available 
until expended, for implementation of Indian land and water claim 
settlements pursuant to Public Laws 99-264, 100-580, 101-618, 106-554, 
107-331, and 108-34, and for implementation of other land and water 
rights settlements.

                 indian guaranteed loan program account

    For the cost of guaranteed and insured loans, $6,348,000, of which 
$701,000 is for administrative expenses, as authorized by the Indian 
Financing Act of 1974, as amended: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That these 
funds are available to subsidize total loan principal, any part of 
which is to be guaranteed, not to exceed $118,884,000.

                       administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative 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 of not to exceed 229 passenger motor 
vehicles, of which not to exceed 187 shall be for replacement only.
    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.
    Notwithstanding any other provision of law, including section 113 
of title I of appendix C of Public Law 106-113, if a tribe or tribal 
organization in fiscal year 2003 or 2004 received indirect and 
administrative costs pursuant to a distribution formula based on 
section 5(f) of Public Law 101-301, the Secretary shall continue to 
distribute indirect and administrative cost funds to such tribe or 
tribal organization using the section 5(f) distribution formula.

                          Departmental Offices

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $76,683,000, of which: 
(1) $69,802,000 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) $6,881,000 
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 Government Accountability Office, at 
its discretion, in accordance with chapter 35 of title 31, United 
States Code: Provided further, That Northern Mariana Islands Covenant 
grant funding shall be provided according to those terms of the 
Agreement of the Special Representatives on Future United States 
Financial Assistance for the Northern Mariana Islands approved by 
Public Law 104-134: Provided further, That of the amounts provided for 
technical assistance, sufficient funds shall be made available for a 
grant to the Pacific Basin Development Council: Provided further, That 
of the amounts provided for technical 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, $4,862,000, to remain available 
until expended, as provided for in sections 221(a)(2), 221(b), and 233 
of the Compact of Free Association for the Republic of Palau; and 
section 221(a)(2) of the Compacts of Free Association for the 
Government of the Republic of the Marshall Islands and the Federated 
States of Micronesia, as authorized by Public Law 99-658 and Public Law 
108-188.

                        Departmental Management

                         salaries and expenses

    For necessary expenses for management of the Department of the 
Interior, $94,627,000; of which $7,441,000 is to be derived from the 
Land and Water Conservation Fund and shall remain available until 
expended; of which not to exceed $8,500 may be for official reception 
and representation expenses; and of which up to $1,000,000 shall be 
available for workers compensation payments and unemployment 
compensation payments associated with the orderly closure of the United 
States Bureau of Mines: Provided, That none of the funds in this Act or 
previous appropriations Acts may be used to establish reserves in the 
Working Capital Fund account other than for accrued annual leave and 
depreciation of equipment without prior approval of the House and 
Senate Committees on Appropriations: Provided further, That amounts 
otherwise appropriated by this Act for administrative expenses in 
operating accounts for bureaus and offices of the Department of the 
Interior are reduced by $12,000,000 and, not later than 30 days after 
the date of 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 by account of 
the pro rata reduction in such accounts made pursuant to this 
provision.

                          working capital fund

    For the acquisition of a departmental financial and business 
management system, $22,555,000, to remain available until expended.

                       payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-6907), $235,000,000, of which not to exceed 
$400,000 shall be available for administrative expenses: Provided, That 
no payment shall be made to otherwise eligible units of local 
government if the computed amount of the payment is less than $100.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the remedial action, including 
associated activities, of hazardous waste substances, pollutants, or 
contaminants pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$9,855,000, to remain available until expended: Provided, That 
hereafter, notwithstanding 31 U.S.C. 3302, sums recovered from or paid 
by a party in advance of or as reimbursement for remedial action or 
response activities 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 hereafter such sums recovered from or paid by any party 
are not limited to monetary payments and may include stocks, bonds or 
other personal or real property, which may be retained, liquidated, or 
otherwise disposed of by the Secretary and which shall be credited to 
this account.

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $55,652,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$39,116,000.

             Office of Special Trustee for American Indians

                         federal trust programs

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$191,593,000, to remain available until expended, of which not to 
exceed $58,000,000 shall be available for historical accounting: 
Provided, That funds for trust management improvements and litigation 
support may, as needed, be transferred to or merged with the Bureau of 
Indian Affairs, ``Operation of Indian Programs'' account; the Office of 
the Solicitor, ``Salaries and Expenses'' account; and the Departmental 
Management, ``Salaries and Expenses'' account: Provided further, That 
funds made available to Tribes and Tribal organizations through 
contracts or grants obligated during fiscal year 2006, as authorized by 
the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), 
shall remain available until expended by the contractor or grantee: 
Provided further, That, notwithstanding any other 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, $34,514,000, to remain available 
until expended, and which may be transferred to the Bureau of Indian 
Affairs and Departmental Management accounts: Provided, That funds 
provided under this heading may be expended pursuant to the authorities 
contained in the provisos under the heading ``Office of Special Trustee 
for American Indians, Indian Land Consolidation'' of the Interior and 
Related Agencies Appropriations Act, 2001 (Public Law 106-291).

          Natural Resources Damage Assessment and Restoration

                natural resource damage assessment fund

    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), 
and Public Law 101-337, as amended (16 U.S.C. 19jj et seq.), 
$6,106,000, to remain available until expended.

                       administrative provisions

    There is hereby authorized for acquisition from 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 as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), 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 as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), 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 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. 104. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore preleasing, 
leasing and related activities placed under restriction in the 
President's moratorium statement of June 12, 1998, in the areas of 
northern, central, and southern California; the North Atlantic; 
Washington and Oregon; and the eastern Gulf of Mexico south of 26 
degrees north latitude and east of 86 degrees west longitude.
    Sec. 105. No funds provided in this title may be expended by the 
Department of the Interior to conduct offshore oil and natural gas 
preleasing, leasing and related activities in the eastern Gulf of 
Mexico planning area for any lands located outside Sale 181, as 
identified in the final Outer Continental Shelf 5-Year Oil and Gas 
Leasing Program, 1997-2002.
    Sec. 106. No funds provided in this title may be expended by the 
Department of the Interior to conduct oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 107. Appropriations made in this Act under the headings Bureau 
of Indian Affairs and Office of Special Trustee for American Indians 
and any unobligated balances from prior appropriations Acts made under 
the same headings shall be available for 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. 108. Notwithstanding any other provision of law, in fiscal 
years 2006 through 2010, for the purpose of reducing the backlog of 
Indian probate cases in the Department of the Interior, the hearing 
requirements of chapter 10 of title 25, United States Code, are deemed 
satisfied by a proceeding conducted by an Indian 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. 109. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to redistribute any Tribal Priority 
Allocation funds, including tribal base funds, to alleviate tribal 
funding inequities by transferring funds to address identified, unmet 
needs, dual enrollment, overlapping service areas or inaccurate 
distribution methodologies. No tribe shall receive a reduction in 
Tribal Priority Allocation funds of more than 10 percent in fiscal year 
2006. Under circumstances of dual enrollment, overlapping service areas 
or inaccurate distribution methodologies, the 10 percent limitation 
does not apply.
    Sec. 110. (a)(1) For fiscal year 2006 and each succeeding fiscal 
year, any funds made available by this Act for the Southwest Indian 
Polytechnic Institute and Haskell Indian Nations University for 
postsecondary programs of the Bureau of Indian Affairs in excess of the 
amount made available for those postsecondary programs for fiscal year 
2005 shall be allocated in direct proportion to the need of the 
schools, as determined in accordance with the postsecondary funding 
formula adopted by the Office of Indian Education Programs.
            (2) For fiscal year 2007 and each succeeding fiscal year, 
        the Bureau of Indian Affairs shall use the postsecondary 
        funding formula adopted by the Office of Indian Education 
        Programs based on the needs of the Southwest Indian Polytechnic 
        Institute and Haskell Indian Nations University to justify the 
        amounts submitted as part of the budget request of the 
        Department of the Interior.
    Sec. 111. 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. 112. The Secretary of the Interior may use or contract for the 
use of helicopters or motor vehicles on the Sheldon and Hart National 
Wildlife Refuges for the purpose of capturing and transporting horses 
and burros. The provisions of subsection (a) of the Act of September 8, 
1959 (18 U.S.C. 47(a)) shall not be applicable to such use. Such use 
shall be in accordance with humane procedures prescribed by the 
Secretary.
    Sec. 113. Funds provided in this Act for Federal land acquisition 
by the National Park Service for Shenandoah Valley Battlefields 
National Historic District and Ice Age National Scenic Trail may be 
used for a grant to a State, a local government, or any other land 
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. 114. None of the funds made available by this Act may be 
obligated or expended by the National Park Service to enter into or 
implement a concession contract which permits or requires the removal 
of the underground lunchroom at the Carlsbad Caverns National Park.
    Sec. 115. None of the funds 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. 116. 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. 117. (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. 118. 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. 119. Notwithstanding the limitation in subparagraph (2)(B) of 
section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)), 
the total amount of all fees imposed by the National Indian Gaming 
Commission for fiscal year 2007 shall not exceed $12,000,000.
    Sec. 120. Notwithstanding any implementation of the Department of 
the Interior's trust reorganization or reengineering plans, or the 
implementation of the ``To Be'' Model, funds appropriated for fiscal 
year 2006 shall be available to the tribes within the California Tribal 
Trust Reform Consortium and to the Salt River Pima-Maricopa Indian 
Community, the Confederated Salish and Kootenai Tribes of the Flathead 
Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation 
through the same methodology as funds were distributed in fiscal year 
2003. This Demonstration Project shall continue to operate separate and 
apart from the Department of the Interior's trust reform and 
reorganization and the Department shall not impose its trust management 
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. 458aa-458hh: Provided, That the California Trust 
Reform Consortium and any other participating tribe agree to carry out 
their responsibilities under the same written and implemented fiduciary 
standards as those being carried by the Secretary of the Interior: 
Provided further, That they demonstrate to the satisfaction of the 
Secretary that they have the capability to do so: Provided further, 
That the Department shall provide funds to the tribes in an amount 
equal to that required by 25 U.S.C. 458cc(g)(3), including funds 
specifically or functionally related to the provision of trust services 
to the tribes or their members.
    Sec. 121. Notwithstanding any provision of law, including 42 U.S.C. 
4321 et. seq., nonrenewable grazing permits authorized in the Jarbidge 
Field Office, Bureau of Land Management within the past 9 years, shall 
be renewed. The Animal Unit Months contained in the most recently 
expired nonrenewable grazing permit, authorized between March 1, 1997, 
and February 28, 2003, shall continue in effect under the renewed 
permit. Nothing in this section shall be deemed to extend the 
nonrenewable permits beyond the standard 1-year term.
    Sec. 122. Notwithstanding any other provision of law, the Secretary 
of the Interior is authorized to acquire lands, waters, or interests 
therein including the use of all or part of any pier, dock, or landing 
within the State of New York and the State of New Jersey, for the 
purpose of operating and maintaining facilities in the support of 
transportation and accommodation of visitors to Ellis, Governors, and 
Liberty Islands, and of other program and administrative activities, by 
donation or with appropriated funds, including franchise fees (and 
other monetary consideration), or by exchange; and the Secretary is 
authorized to negotiate and enter into leases, subleases, concession 
contracts or other agreements for the use of such facilities on such 
terms and conditions as the Secretary may determine reasonable.
    Sec. 123. Notwithstanding any other provision of law, the National 
Park Service final winter use rules published in Part VII of the 
Federal Register for November 10, 2004, 69 Fed. Reg. 65348 et seq., 
shall be in force and effect for the winter use season of 2005-2006 
that commences on or about December 15, 2005.
    Sec. 124. Section 1121(d) of the Education Amendments of 1978 (25 
U.S.C. 2001(d)) is amended by striking paragraph (7) and inserting the 
following:
            ``(7) Approval of indian tribes.--The Secretary shall not 
        terminate, close, consolidate, contract, transfer to another 
        authority, or take any other action relating to an elementary 
        school or secondary school (or any program of such a school) of 
        an Indian tribe without the approval of the governing body of 
        any Indian tribe that would be affected by such an action.''.
    Sec. 125. (a) U.S.S. Arizona Memorial Parking Fee.--Notwithstanding 
any other provision of law, the Secretary of the Interior is authorized 
to charge a fee for visitor parking at the U.S.S. Arizona Memorial and 
to retain and expend the revenues, without further appropriation, for 
the lease of administrative facilities within or near the area at the 
memorial administered by the National Park Service.
    (b) Authority for Agreements.--The Secretary of the Interior is 
further authorized to enter into agreements with public and private 
entities for the purpose of streamlining visitor services by providing 
visitor information and admission tickets for National Park Service-
administered sites and other attractions in the vicinity, including but 
not limited to the U.S.S. Missouri, the Pacific Air Museum of Pearl 
Harbor, and the U.S.S. Bowfin submarine museum.
    Sec. 126. Section 108(e) of the Act entitled ``An Act to establish 
the Kalaupapa National Historical Park in the State of Hawaii, and for 
other purposes'' (16 U.S.C. 410jj-7) is amended by striking ``twenty-
five years from'' and inserting ``on the date that is 45 years after''.
    Sec. 127. Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking 
``September 30, 2005,'' and inserting ``June 30, 2006,''.
    Sec. 128. (a) For necessary expenses for the Memorial to Martin 
Luther King, Jr., there is hereby made available to the Secretary of 
the Interior $10,000,000, to remain available until expended, for 
activities authorized by section 508 of the Omnibus Parks and Public 
Lands Management Act of 1996 (40 U.S.C. 8903 note; Public Law 104-333).
    (b) Section 508(c) of the Omnibus Parks and Public Lands Management 
Act of 1996 (40 U.S.C. 8903 note; Public Law 104-333) is amended by 
striking the second sentence.
    (c) Notwithstanding any other provision of this Act, the amount 
reduced in title I in the second proviso under the heading Departmental 
Management, Salaries and Expenses, is further reduced by $10,000,000.

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended; necessary expenses for personnel and 
related costs and travel expenses, including uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized 
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per 
diem rate equivalent to the maximum rate payable for senior level 
positions under 5 U.S.C. 5376; procurement of laboratory equipment and 
supplies; other operating expenses in support of research and 
development; construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project, 
$730,795,000, to remain available until September 30, 2007.

                 Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses, including uniforms, or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the maximum rate payable for senior level positions under 
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase of reprints; library memberships in 
societies or associations which issue publications to members only or 
at a price to members lower than to subscribers who are not members; 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $85,000 per project; and not to exceed $9,000 
for official reception and representation expenses, $2,333,416,000, to 
remain available until September 30, 2007, including administrative 
costs of the brownfields program under the Small Business Liability 
Relief and Brownfields Revitalization Act of 2002.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project, 
$36,955,000, to remain available until September 30, 2007.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $40,218,000, to remain available until 
expended.

                     Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project; 
$1,256,165,000, to remain available until expended, consisting of such 
sums as are available in the Trust Fund upon the date of enactment of 
this Act as authorized by section 517(a) of the Superfund Amendments 
and Reauthorization Act of 1986 (SARA) and up to $1,256,165,000 as a 
payment from general revenues to the Hazardous Substance Superfund for 
purposes as authorized by section 517(b) of SARA, as amended: Provided, 
That funds appropriated under this heading may be allocated to other 
Federal agencies in accordance with section 111(a) of CERCLA: Provided 
further, That of the funds appropriated under this heading, $13,536,000 
shall be transferred to the ``Office of Inspector General'' 
appropriation to remain available until September 30, 2007, and 
$30,606,000 shall be transferred to the ``Science and Technology'' 
appropriation to remain available until September 30, 2007.

                Leaking Underground Storage Tank Program

    For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by section 205 of the Superfund 
Amendments and Reauthorization Act of 1986, and for construction, 
alteration, repair, rehabilitation, and renovation of facilities, not 
to exceed $85,000 per project, $73,027,000, to remain available until 
expended.

                           Oil Spill Response

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$15,863,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   State and Tribal Assistance Grants

                    (including rescission of funds)

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $3,453,550,000, to remain available until expended, 
of which $1,100,000,000 shall be for making capitalization grants for 
the Clean Water State Revolving Funds under title VI of the Federal 
Water Pollution Control Act, as amended (the ``Act''); $850,000,000 
shall be for capitalization grants for the Drinking Water State 
Revolving Funds under section 1452 of the Safe Drinking Water Act, as 
amended, except that, notwithstanding section 1452(n) of the Safe 
Drinking Water Act, as amended, none of the funds made available under 
this heading in this Act, or in previous appropriations Acts, shall be 
reserved by the Administrator for health effects studies on drinking 
water contaminants; $50,000,000 shall be for architectural, 
engineering, planning, design, construction and related activities in 
connection with the construction of high priority water and wastewater 
facilities in the area of the United States-Mexico Border, after 
consultation with the appropriate border commission; $40,000,000 shall 
be for grants to the State of Alaska to address drinking water and 
waste infrastructure needs of rural and Alaska Native Villages: 
Provided, That, of these funds: (1) the State of Alaska shall provide a 
match of 25 percent; (2) no more than 5 percent of the funds may be 
used for administrative and overhead expenses; and (3) not later than 
October 1, 2005 the State of Alaska shall make awards consistent with 
the State-wide priority list established in 2004 for all water, sewer, 
waste disposal, and similar projects carried out by the State of Alaska 
that are funded under section 221 of the Federal Water Pollution 
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less 
than 25 percent of the funds provided for projects in regional hub 
communities; $200,000,000 shall be for making grants for the 
construction of drinking water, wastewater and storm water 
infrastructure and for water quality protection in accordance with the 
terms and conditions specified for such grants in the joint explanatory 
statement of the managers accompanying this Act, and, for purposes of 
these grants, each grantee shall contribute not less than 45 percent of 
the cost of the project unless the grantee is approved for a waiver by 
the Agency; $90,000,000 shall be to carry out section 104(k) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (CERCLA), as amended, including grants, interagency agreements, 
and associated program support costs, of which $200,000 may be made 
available for a brownfields assessment of the Fortuna Radar Site; 
$1,000,000 for cost-shared grants for school bus retrofit and 
replacement projects that reduce diesel emissions; $1,500,000 may be 
for the expansion of the wastewater treatment plant in Lake Havasu 
City, Arizona; $1,000,000 may be for the expansion of the wastewater 
treatment plant in Avondale, Arizona; and $1,122,550,000 shall be for 
grants, including associated program support costs, to States, 
federally recognized tribes, interstate agencies, tribal consortia, and 
air pollution control agencies for multi-media or single media 
pollution prevention, control and abatement and related activities, 
including activities pursuant to the provisions set forth under this 
heading in Public Law 104-134, and for making grants under section 103 
of the Clean Air Act for particulate matter monitoring and data 
collection activities subject to terms and conditions specified by the 
Administrator, of which $50,000,000 shall be for carrying out section 
128 of CERCLA, as amended, $19,344,000 shall be for Environmental 
Information Exchange Network grants, including associated program 
support costs, and $16,856,000 shall be for making competitive targeted 
watershed grants: Provided further, That for fiscal year 2006, State 
authority under section 302(a) of Public Law 104-182 shall remain in 
effect: Provided further, That notwithstanding section 603(d)(7) of the 
Federal Water Pollution Control Act, the limitation on the amounts in a 
State water pollution control revolving fund that may be used by a 
State to administer the fund shall not apply to amounts included as 
principal in loans made by such fund in fiscal year 2005 and prior 
years where such amounts represent costs of administering the fund to 
the extent that such amounts are or were deemed reasonable by the 
Administrator, accounted for separately from other assets in the fund, 
and used for eligible purposes of the fund, including administration: 
Provided further, That for fiscal year 2006, and notwithstanding 
section 518(f) of the Act, the Administrator is authorized to use the 
amounts appropriated for any fiscal year under section 319 of that Act 
to make grants to Indian tribes pursuant to sections 319(h) and 518(e) 
of that Act: Provided further, That for fiscal year 2006, 
notwithstanding the limitation on amounts in section 518(c) of the Act, 
up to a total of 1\1/2\ percent of the funds appropriated for State 
Revolving Funds under title VI of that Act may be reserved by the 
Administrator for grants under section 518(c) of that Act: Provided 
further, That no funds provided by this legislation to address the 
water, wastewater and other critical infrastructure needs of the 
colonias in the United States along the United States-Mexico border 
shall be made available to a county or municipal government unless that 
government has established an enforceable local ordinance, or other 
zoning rule, which prevents in that jurisdiction the development or 
construction of any additional colonia areas, or the development within 
an existing colonia the construction of any new home, business, or 
other structure which lacks water, wastewater, or other necessary 
infrastructure: Provided further, That, notwithstanding any other 
provision of law, heretofore and hereafter, after consultation with the 
House and Senate Committees on Appropriations and for the purpose of 
making technical corrections, the Administrator is authorized to award 
grants under this heading to entities and for purposes other than those 
listed in the joint explanatory statements of the managers accompanying 
the Agency's appropriations Acts for the construction of drinking 
water, wastewater and stormwater infrastructure and for water quality 
protection: Provided further, That from unobligated prior year funds in 
appropriation accounts available to the Environmental Protection 
Agency, $58,000,000 is hereby rescinded: Provided further, That such 
rescissions shall be taken solely from amounts associated with grants, 
contracts, and interagency agreements whose availability under the 
original period for obligation for such grant, contract, or interagency 
agreement has expired.

                       Administrative Provisions

    For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, in 
carrying out the Agency's function to implement directly Federal 
environmental programs required or authorized by law in the absence of 
an acceptable tribal program, may award cooperative agreements to 
federally-recognized Indian Tribes or Intertribal consortia, if 
authorized by their member Tribes, to assist the Administrator in 
implementing Federal environmental programs for Indian Tribes required 
or authorized by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act (as added by subsection (f)(2) of the Pesticide 
Registration Improvement Act of 2003), as amended.
    Notwithstanding section 104(k)(4)(B)(i)(IV) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)(4)(B)(i)(IV)), beginning in fiscal year 2006 and 
thereafter, appropriated funds may be used to award grants or loans 
under section 104(k) of CERCLA to eligible entities that satisfy all of 
the elements set forth in CERCLA section 101(40) to qualify as a bona 
fide prospective purchaser except that the date of acquisition of the 
property was prior to the date of enactment of the Small Business 
Liability Relief and Brownfield Revitalization Act of 2001.
    For fiscal years 2006 through 2011, the Administrator may, after 
consultation with the Office of Personnel Management, make not to 
exceed five appointments in any fiscal year under the authority 
provided in 42 U.S.C. 209 for the Office of Research and Development.
    Beginning in fiscal year 2006 and thereafter, and notwithstanding 
section 306 of the Toxic Substances Control Act, the Federal share of 
the cost of radon program activities implemented with Federal 
assistance under section 306 shall not exceed 60 percent in the third 
and subsequent grant years.
    None of the funds provided in this Act or any other Act may be used 
by the Environmental Protection Agency (EPA) to publish proposed or 
final regulations pursuant to the requirements of section 428(b) of 
Division G of Public Law 108-199 until the Administrator of the 
Environmental Protection Agency, in coordination with other appropriate 
Federal agencies, has completed and published a technical study to look 
at safety issues, including the risk of fire and burn to consumers in 
use, associated with compliance with the regulations. Not later than 
six months after the date of enactment of this Act, the Administrator 
shall complete and publish the technical study.
    Beginning in fiscal year 2006 and thereafter, notwithstanding any 
other provision of law, recipients of grants provided under section 
104(k) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604(k)) may use the grant funds for 
reasonable administrative expenses, as determined by the Administrator 
of the Environmental Protection Agency.
    Sec. 201. (a) The Administrator of the Environmental Protection 
Agency shall conduct a thorough review of all third-party intentional 
human dosing studies to identify or quantify toxic effects currently 
submitted to the Agency under FIFRA to ensure that they:
            (1) address a clearly defined regulatory objective;
            (2) address a critical regulatory endpoint by enhancing the 
        Agency's scientific data bases;
            (3) were designed and being conducted in a manner that 
        ensured the study was adequate scientifically to answer the 
        question and ensured the safety of volunteers;
            (4) was designed to produce societal benefits that outweigh 
        any anticipated risks to participants;
            (5) adhered to all recognized ethical standards and 
        procedures in place at the time the study was conducted; and
            (6) are consistent with section 12(a)(2)(P) of the Federal 
        Insecticide, Fungicide, and Rodenticide Act and all other 
        applicable laws.
    (b) The Administrator shall, within 60 days of the enactment of 
this Act, report to the House and Senate Committees on Appropriations; 
the Senate Committee on Agriculture, Nutrition and Forestry; and the 
House Committee on Agriculture on the results of the review required 
under subsection (a) and any actions taken pursuant to the review.
    (c) Within 180 days of the enactment of this Act, the Administrator 
shall issue a final rule that addresses applying ethical standards to 
third-party studies involving intentional human dosing to identify or 
quantify toxic effects.
    Sec. 202. None of the funds made available in this Act may be used 
by the Administrator of the Environmental Protection Agency--
            (1) to accept, consider, or rely on third-party intentional 
        dosing human studies for pesticides; or
            (2) to conduct intentional dosing human studies for 
        pesticides.

                      TITLE III--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $280,892,000, to remain available until expended: 
Provided, That of the funds provided, $58,434,000 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, $254,615,000, to remain 
available until expended, as authorized by law of which $62,632,000 is 
to be derived from the Land and Water Conservation Fund.

                         national forest system

                     (including transfers of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,377,656,000, 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 2006 shall be 
displayed by budget line item in the fiscal year 2007 budget 
justification: Provided further, That of the funds provided under this 
heading for Forest Products, $5,000,000 shall be allocated to the 
Alaska Region, in addition to its normal allocation for the purposes of 
preparing additional timber for sale, to establish a 3-year timber 
supply and such funds may be transferred to other appropriations 
accounts as necessary to maximize accomplishment: Provided further, 
That within funds available for the purpose of implementing the Valles 
Caldera Preservation Act, notwithstanding the limitations of section 
107(e)(2) of the Valles Caldera Preservation Act (Public Law 106-248), 
for fiscal year 2006, the Chair of the Board of Trustees of the Valles 
Caldera Trust may receive, upon request, compensation for each day 
(including travel time) that the Chair is engaged in the performance of 
the functions of the Board, except that compensation shall not exceed 
the daily equivalent of the annual rate in effect for members of the 
Senior Executive Service at the ES-1 level, and shall be in addition to 
any reimbursement for travel, subsistence and other necessary expenses 
incurred by the Chair in the performance of the Chair's duties.

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands 
and water, $1,745,531,000, 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 any unobligated balances remaining may be 
transferred to the ``National Forest System'' account and available 
without further appropriation to fund vegetative treatments that 
improve condition class: 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 2005 shall be transferred to 
the fund established pursuant to section 3 of Public Law 71-319 (16 
U.S.C. 576 et seq.) if necessary to reimburse the fund for unpaid past 
advances: Provided further, That, notwithstanding any other provision 
of law, $8,000,000 of funds appropriated under 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, $281,000,000 is 
for hazardous fuels reduction activities, $2,000,000 is for 
rehabilitation and restoration, $18,385,000 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.), $40,179,000 is for State fire assistance, $7,889,000 is for 
volunteer fire assistance, $6,974,000 is for forest health activities 
on Federal lands and $4,598,000 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 
the report accompanying this Act: Provided further, That funds provided 
under this heading for hazardous fuels treatments may be transferred to 
and made a part of the ``National Forest System'' account at the sole 
discretion of the Chief of the Forest Service thirty days after 
notifying the House and the Senate Committees on Appropriations: 
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 Appropriation, up to 
$15,000,000 may be used on adjacent non-Federal lands for the purpose 
of protecting communities when hazard reduction activities are planned 
on national forest lands that have the potential to place such 
communities at risk: Provided further, That included in funding for 
hazardous fuel reduction is $5,000,000 for implementing the Community 
Forest Restoration Act, Public Law 106-393, title VI, and any portion 
of such funds shall be available for use on non-Federal lands in 
accordance with authorities available to the Forest Service under the 
State and Private Forestry Appropriation: Provided further, That the 
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 of the funds provided for hazardous fuels reduction, not 
to exceed $5,000,000, may be used to make grants, using any authorities 
available to the Forest Service under the State and Private Forestry 
appropriation, for the purpose of creating incentives for increased use 
of biomass from national forest lands.

                  capital improvement and maintenance

    For necessary expenses of the Forest Service, not otherwise 
provided for, $409,751,000, to remain available until expended for 
construction, reconstruction, maintenance and acquisition of buildings 
and other facilities, and for construction, reconstruction, repair, 
decommissioning, and maintenance of forest roads and trails by the 
Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 
205: Provided, That up to $15,000,000 of the funds provided herein for 
road maintenance shall be available for the decommissioning of roads, 
including unauthorized roads not part of the transportation system, 
which are no longer needed: Provided further, That no funds shall be 
expended to decommission any system road until notice and an 
opportunity for public comment has been provided on each 
decommissioning project: Provided further, That of funds provided, 
$3,000,000 is provided for needed rehabilitation and restoration work 
at Jarbidge Canyon, Nevada: Provided further, That the Secretary of 
Agriculture may authorize the transfer of up to $1,350,000 as necessary 
to the Department of the Interior, Bureau of Land Management and Fish 
and Wildlife Service when such transfers would facilitate and expedite 
needed rehabilitation work on Bureau of Land Management lands, and for 
the Fish and Wildlife Service to implement terms and conditions 
identified in the Biological Opinion.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $44,925,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended: Provided further, That, subject to valid existing rights, all 
land and interests in land acquired in the Thunder Mountain area of the 
Payette National Forest (including patented claims and land that are 
encumbered by unpatented claims or previously appropriated funds under 
this section, or otherwise relinquished by a private party) are 
withdrawn from mineral entry or appropriation under Federal mining 
laws, and from leasing claims under Federal mineral and geothermal 
leasing laws.''.

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National 
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland 
National Forests, California, as authorized by law, $1,069,000, to be 
derived from forest receipts.

            acquisition of lands to complete land exchanges

    For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant to 
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, 
as amended (16 U.S.C. 484a), to remain available until expended.

                         range betterment fund

    For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior fiscal 
year, as fees for grazing domestic livestock on lands in National 
Forests in the 16 Western States, pursuant to section 401(b)(1) of 
Public Law 94-579, as amended, to remain available until expended, of 
which not to exceed 6 percent shall be available for administrative 
expenses associated with on-the-ground range rehabilitation, 
protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $64,000, to remain 
available until expended, to be derived from the fund 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), 
$5,067,000, to remain available until expended.

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of not to exceed 119 passenger 
motor vehicles of which 14 will be used primarily for law enforcement 
purposes and of which 119 shall be for replacement; acquisition of 25 
passenger motor vehicles from excess sources, and hire of such 
vehicles; purchase, lease, operation, maintenance, and acquisition of 
aircraft from excess sources to maintain the operable fleet 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).
    None of the funds made available under this Act shall be obligated 
or expended to abolish any region, to move or close any regional office 
for National Forest System administration of the Forest Service, 
Department of Agriculture without the consent of the House and Senate 
Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire 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.
    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, except that in fiscal year 2006 the Forest Service may 
transfer funds to the ``National Forest System'' account from other 
agency accounts to enable the agency's law enforcement program to pay 
full operating costs including overhead.
    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 the report accompanying this Act.
    Not more than $72,646,000 of funds available to the Forest Service 
may be transferred to the Working Capital Fund of the Department of 
Agriculture. Nothing in this section shall prohibit or limit the use of 
reimbursable agreements requested by the Forest Service in order to 
obtain services from the Department of Agriculture's National 
Information Technology Center.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $2,500,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the 
Youth Conservation Corps.
    Of the funds available to the Forest Service, $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, 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.
    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)).
    Funds available to the Forest Service in this Act may be used for 
the purpose of expenses associated with primary and secondary schooling 
for dependents of agency personnel stationed in Puerto Rico prior to 
the date of enactment of this Act, who are subject to transfer and 
reassignment to other locations in the United States, at a cost not in 
excess of those authorized for the Department of Defense for the same 
area, when it is determined by the Chief of the Forest Service that 
public schools available in the locality are unable to provide 
adequately for the education of such dependents.
    In support of management of the National Wildlife Refuge System, 
Lot 6C of United States Survey 2538-A, containing 2.39 acres and the 
residential triplex situated thereon, located in Kodiak, Alaska, is 
hereby transferred from the USDA Forest Service to the U.S. Fish and 
Wildlife Service.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $2,732,323,000, together 
with payments received during the fiscal year pursuant to 42 U.S.C. 
238(b) for services furnished by the Indian Health Service: Provided, 
That funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance 
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the 
time of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation: Provided further, That up to $18,000,000 shall remain 
available until expended, for the Indian Catastrophic Health Emergency 
Fund: Provided further, That $507,021,000 for contract medical care 
shall remain available for obligation until September 30, 2007: 
Provided further, That of the funds provided, up to $27,000,000, to 
remain available until expended, shall be used to carry out the loan 
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 $268,683,000 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 2006, of which not to exceed 
$5,000,000 may be used for contract support costs associated with new 
or expanded self-determination contracts, grants, self-governance 
compacts or annual funding agreements: Provided further, That the 
Bureau of Indian Affairs may collect from the Indian Health Service and 
tribes and tribal organizations operating health facilities pursuant to 
Public Law 93-638 such individually identifiable health information 
relating to disabled children as may be necessary for the purpose of 
carrying out its functions under the Individuals with Disability 
Education Act, 20 U.S.C. 1400, et seq.: Provided further, That of the 
amounts provided to the Indian Health Service, $15,000,000 is provided 
for alcohol control, enforcement, prevention, treatment, sobriety and 
wellness, and education in Alaska, to be distributed in accordance with 
the instruction provided in the committee report accompanying this Act: 
Provided further, That none of the funds may be used for tribal courts 
or tribal ordinance programs or any program that is not directly 
related to alcohol control, enforcement, prevention, treatment, or 
sobriety: Provided further, That no more than 15 percent may be used by 
any entity receiving funding for administrative overhead including 
indirect costs.

                        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, $335,643,000, 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 notwithstanding any other provision of law, the Indian 
Health Service is authorized to construct a replacement health care 
facility in Nome, Alaska, on land owned by the Norton Sound Health 
Corporation: Provided further, That not to exceed $500,000 shall be 
placed in a Demolition Fund, available until expended, to be used by 
the Indian Health Service for demolition of Federal buildings.

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical 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 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 appropriation structure for the Indian Health Service may not 
be altered without advance notification to the House and Senate 
Committees on Appropriations.

                     National Institutes of Health

          national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended, and section 126(g) of the Superfund 
Amendments and Reauthorization Act of 1986, $80,289,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended; section 118(f) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the 
Solid Waste Disposal Act, as amended, $76,024,000, of which up to 
$1,500,000, to remain available until expended, is for Individual 
Learning Accounts for full-time equivalent employees of the Agency for 
Toxic Substances and Disease Registry: Provided, That notwithstanding 
any other provision of law, in lieu of performing a health assessment 
under section 104(i)(6) of CERCLA, the Administrator of ATSDR may 
conduct other appropriate health studies, evaluations, or activities, 
including, without limitation, biomedical testing, clinical 
evaluations, medical monitoring, and referral to accredited health care 
providers: Provided further, That in performing any such health 
assessment or health study, evaluation, or activity, the Administrator 
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of 
CERCLA: Provided further, That none of the funds appropriated under 
this heading shall be available for ATSDR to issue in excess of 40 
toxicological profiles pursuant to section 104(i) of CERCLA during 
fiscal year 2006, and existing profiles may be updated as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental Quality 
pursuant to the National Environmental Policy Act of 1969, the 
Environmental Quality Improvement Act of 1970, and Reorganization Plan 
No. 1 of 1977, and not to exceed $750 for official reception and 
representation expenses, $2,717,000: Provided, That notwithstanding 
section 202 of the National Environmental Policy Act of 1970, the 
Council shall consist of one member, appointed by the President, by and 
with the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire of 
passenger vehicles, uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at 
rates for individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 5376, 
$9,200,000: Provided, That the Chemical Safety and Hazard Investigation 
Board (Board) shall have not more than three career Senior Executive 
Service positions: Provided further, That notwithstanding any other 
provision of law, the individual appointed to the position of Inspector 
General of the Environmental Protection Agency (EPA) shall, by virtue 
of such appointment, also hold the position of Inspector General of the 
Board: Provided further, That notwithstanding any other provision of 
law, the Inspector General of the Board shall utilize personnel of the 
Office of Inspector General of EPA in performing the duties of the 
Inspector General of the Board, and shall not appoint any individuals 
to positions within the Board.

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $8,601,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible 
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds 
contained in this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo family 
who, as of November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement home is 
provided for such household: Provided further, That no relocatee will 
be provided with more than one new or replacement home: Provided 
further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $6,300,000.

                        Smithsonian Institution

                         salaries and expenses

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and 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, $524,135,000, 
of which not to exceed $10,992,000 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 $9,086,000 for the reopening of the Patent Office Building and 
for fellowships and scholarly awards shall remain available until 
September 30, 2007; and including such funds as may be necessary to 
support American overseas research centers and a total of $125,000 for 
the Council of American Overseas Research Centers: Provided, That funds 
appropriated herein are available for advance payments to 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, $100,000,000, 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.

                        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, $96,600,000, of which not to exceed $3,157,000 for the special 
exhibition program shall remain available until expended.

            repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $15,000,000, 
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: Provided further, That, 
notwithstanding any other provision of law, a single procurement for 
the Master Facilities Plan renovation project at the National Gallery 
of Art may be issued which includes the full scope of the Work Area #3 
project: Provided further, That the solicitation and the contract shall 
contain the clause ``availability of funds'' found at 48 CFR 52.232.18.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $17,800,000.

                              construction

    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy 
Center for the Performing Arts, $15,200,000, 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, 
$9,201,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $126,264,000 shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts through assistance to 
organizations and individuals pursuant to sections 5(c) and 5(g) of the 
Act, including $14,922,000 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: Provided further, That funds appropriated herein shall be 
expended in accordance with sections 309 and 311 of Public Law 108-108.

                 National Endowment for the Humanities

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $127,605,000, shall be 
available to the National Endowment for the Humanities for support of 
activities in the humanities, pursuant to section 7(c) of the Act, and 
for administering the functions of the Act, to remain available until 
expended.

                            matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$15,449,000, to remain available until expended, of which $10,000,000 
shall be available to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been 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), $1,893,000: Provided, That the Commission is 
authorized to charge fees to cover the full costs of its publications, 
and such fees shall be credited to this account as an offsetting 
collection, to remain available until expended without further 
appropriation.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 
U.S.C. 956a), as amended, $7,492,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $4,943,000: 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, $8,244,000: Provided, That one-quarter of 
1 percent of the funds provided under this heading may be used for 
official reception and representational expenses associated with 
hosting international visitors engaged in the planning and physical 
development of world capitals.

                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), $43,233,000, of which 
$1,874,000 for the museum's repair and rehabilitation program and 
$1,246,000 for the museum's exhibition design and production program 
shall remain available until expended.

                             Presidio Trust

                          presidio trust fund

    For necessary expenses to carry out title I of the Omnibus Parks 
and Public Lands Management Act of 1996, $19,722,000 shall be available 
to the Presidio Trust, to remain available until expended.

      White House Commission on the National Moment of Remembrance

                               operations

    For necessary expenses of the White House Commission on the 
National Moment of Remembrance, $250,000.

                      TITLE IV--GENERAL PROVISIONS

    Sec. 401. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, 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. 402. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which Congressional action is 
not complete other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.
    Sec. 403. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 404. None of the funds provided in this Act to any 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. 405. Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects, activities and subactivities to 
support government-wide, departmental, agency or bureau administrative 
functions or headquarters, regional or central operations shall be 
presented in annual budget justifications and subject to approval by 
the Committees on Appropriations. Changes to such estimates shall be 
presented to the Committees on Appropriations for approval.
    Sec. 406. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
provided in, this Act or any other Act.
    Sec. 407. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National Forest 
System or Bureau of Land Management lands in a manner different than 
such sales were conducted in fiscal year 2005.
    Sec. 408. (a) Limitation of Funds.--None of the funds 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, 2006, 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. 409. The National Endowment for the Arts and the National 
Endowment for the Humanities are hereinafter 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. 410. 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. 411. Section 3(a) of the Act of June 9, 1930 (commonly known 
as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended--
            (1) by striking ``or'' following ``stand of timber,'' in 
        (3); and
            (2) by striking the period following ``wildlife habitat 
        management'' in (4), and inserting ``, or (5) watershed 
        restoration, wildlife habitat improvement, control of insects, 
        disease and noxious weeds, community protection activities, and 
        the maintenance of forest roads, within the Forest Service 
        region in which the timber sale occurred: Provided, That such 
        activities may be performed through the use of contracts, 
        forest product sales, and cooperative agreements.''.
    Sec. 412. Amounts deposited during fiscal year 2005 in the roads 
and trails fund provided for in the 14th paragraph under the heading 
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 
501), shall be used by the Secretary of Agriculture, without regard to 
the State in which the amounts were derived, to repair or reconstruct 
roads, bridges, and trails on National Forest System lands or to carry 
out and administer projects to improve forest health conditions, which 
may include the repair or reconstruction of roads, bridges, and trails 
on National Forest System lands in the wildland-community interface 
where there is an abnormally high risk of fire. The projects shall 
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. 413. 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. 414. No timber sale in Region 10 shall be advertised if the 
indicated rate is deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western redcedar. 
Program accomplishments shall be based on volume sold. Should Region 10 
sell, in the current fiscal year, the annual average portion of the 
decadal allowable sale quantity called for in the current Tongass Land 
Management Plan in sales which are not deficit when appraised using a 
residual value approach that assigns domestic Alaska values for western 
redcedar, all of the western redcedar timber from those sales which is 
surplus to the needs of domestic processors in Alaska, shall be made 
available to domestic processors in the contiguous 48 United States at 
prevailing domestic prices. Should Region 10 sell, in the current 
fiscal year, less than the annual average portion of the decadal 
allowable sale quantity called for in the Tongass Land Management Plan 
in sales which are not deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western redcedar, the 
volume of western redcedar timber available to domestic processors at 
prevailing domestic prices in the contiguous 48 United States shall be 
that volume: (1) which is surplus to the needs of domestic processors 
in Alaska; and (2) is that percent of the surplus western redcedar 
volume determined by calculating the ratio of the total timber volume 
which has been sold on the Tongass to the annual average portion of the 
decadal allowable sale quantity called for in the current Tongass Land 
Management Plan. The percentage shall be calculated by Region 10 on a 
rolling basis as each sale is sold (for purposes of this amendment, a 
``rolling basis'' shall mean that the determination of how much western 
redcedar is eligible for sale to various markets shall be made at the 
time each sale is awarded). Western redcedar shall be deemed ``surplus 
to the needs of domestic processors in Alaska'' when the timber sale 
holder has presented to the Forest Service documentation of the 
inability to sell western redcedar logs from a given sale to domestic 
Alaska processors at a price equal to or greater than the log selling 
value stated in the contract. All additional western redcedar volume 
not sold to Alaska or contiguous 48 United States domestic processors 
may be exported to foreign markets at the election of the timber sale 
holder. All Alaska yellow cedar may be sold at prevailing export prices 
at the election of the timber sale holder.
    Sec. 415. Prior to October 1, 2006, the Secretary of Agriculture 
shall not be considered to be in violation of subparagraph 6(f)(5)(A) 
of the Forest and Rangeland Renewable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed 
without revision of the plan for a unit of the National Forest System. 
Nothing in this section exempts the Secretary from any other 
requirement of the Forest and Rangeland Renewable Resources Planning 
Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the 
Secretary is not acting expeditiously and in good faith, within the 
funding available, to revise a plan for a unit of the National Forest 
System, this section shall be void with respect to such plan and a 
court of proper jurisdiction may order completion of the plan on an 
accelerated basis.
    Sec. 416. No 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. 417. 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. 418. Notwithstanding any other provision of law or regulation, 
to promote the more efficient use of the health care funding allocation 
for fiscal year 2006, the Eagle Butte Service Unit of the Indian Health 
Service, at the request of the Cheyenne River Sioux Tribe, may pay base 
salary rates to health professionals up to the highest grade and step 
available to a physician, pharmacist, or other health professional and 
may pay a recruitment or retention bonus of up to 25 percent above the 
base pay rate.
    Sec. 419. In awarding a Federal contract with funds made available 
by this Act, notwithstanding Federal Government procurement and 
contracting laws, the Secretary of Agriculture and the Secretary of the 
Interior (the ``Secretaries'') may, in evaluating bids and proposals, 
give consideration to local contractors who are from, and who provide 
employment and training for, dislocated and displaced workers in an 
economically disadvantaged rural community, including those 
historically timber-dependent areas that have been affected by reduced 
timber harvesting on Federal lands and other forest-dependent rural 
communities isolated from significant alternative employment 
opportunities: Provided, That notwithstanding Federal Government 
procurement and contracting laws the Secretaries may award contracts, 
grants or cooperative agreements to local non-profit entities, Youth 
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged 
business: Provided further, That the contract, grant, or cooperative 
agreement is for forest hazardous fuels reduction, watershed or water 
quality 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. 420. 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. 421. (a) Limitation on Competitive Sourcing Studies.--
            (1) Of the funds made available by this or any other Act to 
        the Department of the Interior for fiscal year 2006, not more 
        than $3,450,000 may be used by the Secretary of the Interior to 
        initiate or continue competitive sourcing studies in fiscal 
        year 2006 for programs, projects, and activities for which 
        funds are appropriated by this Act until such time as the 
        Secretary concerned submits a reprogramming proposal to the 
        Committees on Appropriations of the Senate and the House of 
        Representatives, and such proposal has been processed 
        consistent with the reprogramming guidelines included in the 
        report accompanying this Act.
            (2) Of the funds appropriated by this Act, not more than 
        $3,000,000 may be used in fiscal year 2006 for competitive 
        sourcing studies and related activities by the Forest Service.
    (b) Competitive Sourcing Study Defined.--In this section, the term 
``competitive sourcing study'' means a study on subjecting work 
performed by Federal Government employees or private 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.
    (c) Competitive Sourcing Exemption for Forest Service Studies 
Conducted Prior to Fiscal Year 2006.--The Forest Service is hereby 
exempted from implementing the Letter of 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.
    (d) In preparing any reports to the Committees on Appropriations on 
competitive sourcing activities, agencies funded in this Act shall 
include the incremental cost directly attributable to conducting the 
competitive sourcing competitions, 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.
    (e) In carrying out any competitive sourcing study involving Forest 
Service employees, the Secretary of Agriculture shall--
            (1) determine whether any of the employees concerned are 
        also qualified to participate in wildland fire management 
        activities; and
            (2) take into consideration the effect that contracting 
        with a private sector source would have on the ability of the 
        Forest Service to effectively and efficiently fight and manage 
        wildfires.
    Sec. 422. None of the funds in this Act or prior Acts making 
appropriations for the Department of the Interior and Related Agencies 
may be provided to the managing partners or their agents for the 
SAFECOM or Disaster Management projects.
    Sec. 423. (a) In General.--An entity that enters into a contract 
with the United States to operate the National Recreation Reservation 
Service (as solicited by the solicitation numbered WO-04-06vm) shall 
not carry out any duties under the contract using:
            (1) a contact center located outside the United States; or
            (2) a reservation agent who does not live in the United 
        States.
    (b) No Waiver.--The Secretary of Agriculture may not waive the 
requirements of subsection (a).
    (c) Telecommuting.--A reservation agent who is carrying out duties 
under the contract described in subsection (a) may not telecommute from 
a location outside the United States.
    (d) Limitations.--Nothing in this Act shall be construed to apply 
to any employee of the entity who is not a reservation agent carrying 
out the duties under the contract described in subsection (a) or who 
provides managerial or support services.
    Sec. 424. Section 331, of Public Law 106-113, is amended--
            (1) in part (a) by striking ``2004'' and inserting 
        ``2006''; and
            (2) in part (b) by striking ``2004'' and inserting 
        ``2006''.
    Sec. 425. Section 321 of the Consolidated Appropriations Act, 2003, 
as included in Public Law 108-7, is amended by striking ``September 30, 
2005'' and inserting ``September 30, 2007''.
    Sec. 426. Section 5 of the Arts and Artifacts Indemnity Act (20 
U.S.C. 974) is amended--
            (1) in subsection (b), by striking ``$8,000,000,000'' and 
        inserting ``$10,000,000,000''; and
            (2) in subsection (c), by striking ``$600,000,000'' and 
        inserting ``$1,200,000,000''.
    Sec. 427. (a) In General.--
            (1) Beginning in fiscal year 2006 and thereafter, the 
        Secretary of Agriculture and the Secretary of the Interior are 
        authorized to make grants to the Eastern Nevada Landscape 
        Coalition for the study and restoration of rangeland and other 
        lands in Nevada's Great Basin in order to help assure the 
        reduction of hazardous fuels and for related purposes.
            (2) Beginning in fiscal year 2006 and thereafter, 
        notwithstanding 31 U.S.C. secs. 6301-6308, the Director of the 
        Bureau of Land Management may enter into a cooperative 
        agreement with the Eastern Nevada Landscape Coalition for the 
        Great Basin Restoration Project, including hazardous fuels and 
        mechanical treatments and related work.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    Sec. 428. (a) Section 108(g) of the Valles Caldera Preservation Act 
(16 U.S.C. 698v-6(g)) is amended--
            (1) in the first sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(1) Law enforcement.--
                    ``(A) In general.--The Secretary'';
            (2) in the second sentence, by striking ``The Trust'' and 
        inserting the following:
                    ``(B) Federal agency.--The Trust''; and
            (3) by striking ``At the request of the Trust'' and all 
        that follows through the end of the paragraph and inserting the 
        following:
            ``(2) Fire management.--
                    ``(A) Non-reimbursable services.--
                            ``(i) Development of plan.--Subject to the 
                        availability of appropriations under section 
                        111(a), the Secretary shall, in consultation 
                        with the Trust, develop a plan to carry out 
                        fire preparedness, suppression, and emergency 
                        rehabilitation services on the Preserve.
                            ``(ii) Consistency with management 
                        program.--The plan shall be consistent with the 
                        management program developed pursuant to 
                        subsection (d).
                            ``(iii) Cooperative agreement.--To the 
                        extent generally authorized at other units of 
                        the National Forest System, the Secretary shall 
                        provide the services to be carried out pursuant 
                        to the plan under a cooperative agreement 
                        entered into between the Secretary and the 
                        Trust.
                    ``(B) Reimbursable services.--To the extent 
                generally authorized at other units of the National 
                Forest System and subject to the availability of 
                appropriations under section 111(a), the Secretary 
                shall provide presuppression and nonemergency 
                rehabilitation and restoration services for the Trust 
                at any time on a reimbursable basis.''
    (b) The amendments made by subsection (a) take effect on January 1, 
2005.
    Sec. 429. None of the funds made available to the Forest Service 
under this Act shall be expended or obligated for the demolition of 
buildings at the Zephyr Shoals property, Lake Tahoe, Nevada.
    Sec. 430. Section 114 of the Department of the Interior and Related 
Agencies Appropriations Act, 2003 (16 U.S.C. 460bb-3; Public Law 108-
7), is amended--
            (1) in the second sentence, by inserting ``, including 
        utility expenses of the National Park Service or lessees of the 
        National Park Service'' after ``Fort Baker properties''; and
            (2) by inserting between the first and second sentences the 
        following: ``In furtherance of a lease entered into under the 
        first sentence, the Secretary of the Interior or a lessee may 
        impose fees on overnight lodgers at Fort Baker properties.''.
    Sec. 431. (a) Section 813(a) of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6812(a)) is amended by striking ``and (i)'' 
and inserting ``and (i) (except for paragraph (1)(C))''.
    (b) Section 4(i)(1)(C)(i) of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-6a(i)(1)(C)(i)) is amended--
            (1) by striking ``Notwithstanding subparagraph (A)'' and 
        all that follows through ``or section 107'' and inserting 
        ``Notwithstanding section 107''; and
            (2) by striking ``account under subparagraph (A)'' and 
        inserting ``account under section 807(a) of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6806(a))''.
    (c) Except as provided in this section, section 4(i)(1)(C) of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
6a(i)(1)(C)) shall be applied and administered as if section 813(a) of 
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a)) (and 
the amendments made by that section) had not been enacted.
    (d) This section and the amendments made by this section take 
effect on December 8, 2004.
    Sec. 432. Section 323(a) of the Department of the Interior and 
Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note; Public 
Law 105-277), is amended by striking ``fiscal year 1999'' and all that 
follows through ``2005'' and inserting ``for each of fiscal years 2006 
through 2015''.
    Sec. 433. Congressional Security Relating to Certain Real Property. 
(a) In General.--Except as provided under subsection (b)--
            (1) the District of Columbia Board of Zoning Adjustments 
        and the District of Columbia Zoning Commission may not take any 
        action to grant any variance relating to the property located 
        at 51 Louisiana Avenue NW, Square 631, Lot 17 in the District 
        of Columbia; and
            (2) if any variance described under paragraph (1) is 
        granted before the effective date of this section, such 
        variance shall be set aside and shall have no force or effect.
    (b) Conditions for Variance.--A variance described under subsection 
(a) may be granted or shall be given force or effect if--
            (1) the Capitol Police Board makes a determination that any 
        such variance shall not--
                    (A) negatively impact congressional security; and
                    (B) increase Federal expenditures relating to 
                congressional security;
            (2) the Majority and Minority Leaders of the Senate and the 
        Speaker and Minority Leader of the House of Representatives 
        approve such determination; and
            (3) the Capitol Police Board certifies the determination in 
        writing to the District of Columbia Board of Zoning Adjustments 
        and the District of Columbia Zoning Commission.
    (c) Effective Date.--This section shall take effect on the date of 
enactment of this Act and apply to the remaining portion of the fiscal 
year in which enacted and each fiscal year thereafter.
    Sec. 434. Biscuit Fire Recovery Project, Report. (a) Within 90 days 
of enactment of this Act, the Secretary of Agriculture shall submit to 
Congress a report regarding the rehabilitation of the Biscuit Fire area 
in southern Oregon, including:
            (1) the change in reforestation capabilities and costs 
        between the date of the containment of the Biscuit Fire and the 
        completion of the Biscuit Fire Recovery Project, as detailed in 
        the Record of Decision;
            (2) the commercial value lost, as well as recovered, of 
        fire-killed timber within the Biscuit Fire area; and
            (3) all actions included in the Record of Decision for the 
        Biscuit Fire Recovery Project, but forgone because of delay or 
        funding shortfall.
    Sec. 435. None of the funds made available by this Act may be used 
in contravention of, or to delay the implementation of, Executive Order 
No. 12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal 
actions to address environmental justice in minority populations and 
low-income populations).
    Sec. 436. None of the funds made available in this Act may be used 
in contravention of 15 U.S.C. Sec. 2682(c)(3) or to delay the 
implementation of that section.
    Sec. 437. (a) Findings.--The Senate makes the following findings:
            (1) The on-budget deficit for fiscal year 2005 is estimated 
        to be $541,000,000,000 according to the Congressional Budget 
        Office.
            (2) Total publicly-held Federal debt on which the American 
        taxpayer pays interest is expected to reach $6,000,000,000,000 
        by 2011 according to the Congressional Budget Office.
            (3) The United States and its allies are currently engaged 
        in a global war on terrorism.
    (b) Sense of the Senate.-- It is the sense of the Senate that:
            (1) The servicemen and women of the United States Armed 
        Forces deserve the full support of the Senate as they seek to 
        preserve the safety and security of the American people.
            (2) Activities relating to the defense of the United States 
        and the global war on terror should be fully funded.
            (3) Activities relating to the defense of the United States 
        and the global war on terror should not be underfunded in order 
        to support increased Federal spending on non-defense 
        discretionary activities.
    Sec. 438. Section 5(c) of the National Trails System Act (16 U.S.C. 
1244(c)) is amended by adding at the end the following:
    ``(43)(A) The Captain John Smith Chesapeake National Historic 
Watertrail, a series of routes extending approximately 3000 miles along 
the Chesapeake Bay and the tributaries of the Chesapeake Bay in the 
States of Virginia, Maryland, Pennsylvania, and Delaware and the 
District of Columbia that traces Captain John Smith's voyages charting 
the land and waterways of the Chesapeake Bay and the tributaries of the 
Chesapeake Bay.
    ``(B) The study shall be conducted in consultation with Federal, 
State, regional, and local agencies and representatives of the private 
sector, including the entities responsible for administering--
            ``(i) the Chesapeake Bay Gateways and Watertrails Network 
        authorized under the Chesapeake Bay Initiative Act of 1998 (16 
        U.S.C. 461 note; Public Law 105-312); and
            ``(ii) the Chesapeake Bay Program authorized under section 
        117 of the Federal Water Pollution Control Act (33 U.S.C. 
        1267).''.
    Sec. 439. (a) From the money in the Treasury not otherwise 
obligated or appropriated, there are appropriated to the Department of 
Veterans Affairs $1,500,000,000 for the fiscal year ending September 
30, 2005, for medical services provided by the Veterans Health 
Administration, which shall be available until expended.
    (b) The amount appropriated under subsection (a)--
            (1) is designated as an emergency requirement pursuant to 
        section 402 of H. Con. Res. 95 (109th Congress); and
            (2) shall remain available until expended.
    (c) This section shall take effect on the date of enactment of this 
Act.

       TITLE V--FACILITY REALIGNMENT AND ENHANCEMENT ACT OF 2005

    Sec. 501. Short Title. This title may be cited as the ``Forest 
Service Facility Realignment and Enhancement Act of 2005''.
    Sec. 502. Definitions. In this title:
            (1) Administrative site.--
                    (A) In general.--The term ``administrative site'' 
                means--
                            (i) any facility or improvement, including 
                        curtilage that was acquired or is used 
                        specifically for purposes of administration of 
                        the National Forest System; and
                            (ii) any associated Federal land necessary 
                        to include for efficient administration of the 
                        National Forest System that was acquired or is 
                        utilized specifically for purposes of 
                        administration of Forest Service activities and 
                        underlies or abuts an administrative facility, 
                        improvement, or curtilage; or
                            (iii) up to 10 isolated parcels of not more 
                        than 80 acres which were acquired for 
                        administrative purposes but have not been 
                        utilized, such as vacant town lots outside of a 
                        National Forest proclaimed boundary.
                    (B) Inclusions.--The term ``administrative site'' 
                includes--
                            (i) a forest headquarters;
                            (ii) a ranger station;
                            (iii) a research station or laboratory;
                            (iv) a dwelling;
                            (v) a warehouse;
                            (vi) a scaling station;
                            (vii) a fire-retardant mixing station;
                            (viii) a lookout;
                            (ix) a visitor center;
                            (x) a guard station;
                            (xi) a storage facility;
                            (xii) a telecommunication facility; and
                            (xiii) other administrative installations 
                        for conducting Forest Service activities.
                    (C) Exclusions.--Federal land to be conveyed under 
                this Act shall not include--
                            (i) any area within a unit of the National 
                        Forest System specifically designated for 
                        resource protection, conservation, or 
                        recreational purposes, including land within 
                        the National Wilderness Preservation System, 
                        the Wild and Scenic River System, and National 
                        Monuments; or
                            (ii) land that is needed for resource 
                        management purposes or that would be in the 
                        public interest to retain.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the General Services Administration.
            (3) Market analysis.--The term ``market analysis'' means 
        the identification and study of the real estate market for a 
        particular economic good or service.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    Sec. 503. Authorization of Conveyances. (a) In General.--For fiscal 
years 2006-2009, the Secretary may convey, by sale, lease, exchange, a 
combination of sales and exchanges, or by other means, any 
administrative site or interest in an administrative site that is--
            (1) except for those administrative sites described in 
        section 502(1)(A)(iii), less than 40 acres for each 
        administrative site or compound of administrative sites; and
            (2) under the jurisdiction of the Secretary.
    (b) Lead-Based Paint and Asbestos Abatement.--
            (1) In general.--Notwithstanding any other provisions of 
        law, in any conveyance under subsection (a), the Secretary 
        shall not be required to mitigate or abate lead-based paint or 
        asbestos-containing building materials with respect to the 
        administrative site conveyed.
            (2) Notice.--Notwithstanding paragraph (1), if the 
        administrative site being conveyed has lead-based paint or 
        asbestos-containing building materials, the Secretary shall--
                    (A) provide to the person acquiring the 
                administrative site notice of the presence of lead-
                based paint or asbestos-containing material; and
                    (B) obtain from the person acquiring the 
                administrative site a written assurance that the person 
                will comply with applicable Federal, State, and local 
                laws relating to the management of the lead-based paint 
                or asbestos-containing materials.
    (c) Federal Property and Administrative Services.--A conveyance 
under this section shall not be subject to subchapter I of chapter 5, 
title 40, United States Code.
    (d) Notice to Congress.--At least once a year, the Secretary shall 
submit to the Committee on Appropriations and the Committee on 
Resources of the House of Representatives and the Committee on 
Appropriations and the Committee on Energy and Natural Resources of the 
Senate notice of any conveyances under this section.
    (e) Environmental Review.--In any environmental review or analysis 
required under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for the disposal of an administrative site under this 
section, the Secretary shall only consider or analyze the most 
reasonably foreseeable use of the administrative site as determined 
through a market analysis and whether to reserve any right, title, or 
interest in the administrative site under subsection (f)(3).
    (f) Configuration of Land.--
            (1) In general.--To facilitate a conveyance under this 
        section, the Secretary may configure the administrative site to 
        be conveyed to--
                    (A) maximize the marketability of the 
                administrative site; and
                    (B) achieve management objectives.
            (2) Improvements.--Improvements to the administrative site 
        to be conveyed may be severed from the land and disposed of in 
        separate conveyances.
            (3) Reservation.--In any disposition of an administrative 
        site under this section, the Secretary may reserve any right, 
        title, and interest in and to the administrative site that the 
        Secretary determines to be necessary, including--
                    (A) a reservation of water rights;
                    (B) a right-of-way; and
                    (C) a utility easement.
    (g) Consideration.--
            (1) Amount.--In consideration for a conveyance authorized 
        under subsection (a), the purchaser shall pay to the Secretary 
        the amount that is equal to the fair market value of the 
        administrative site conveyed, as provided in paragraph (3).
            (2) Appraisal.--The Secretary shall determine fair market 
        value by--
                    (A) conducting an appraisal that is performed in 
                accordance with the Uniform Appraisal Standards for 
                Federal Land Acquisitions and the Uniform Standards of 
                Professional Appraisal practice; or
                    (B) competitive sale.
            (3) Form.--
                    (A) Sale.--Consideration for a sale under this 
                section shall be paid in cash on conveyance of the 
                administrative site.
                    (B) Exchange.--
                            (i) Equal in value.--Consideration for an 
                        exchange of land or an improvement to land 
                        under this section shall be in the form of a 
                        conveyance of land or improvement that is equal 
                        in value to the administrative site conveyed.
                            (ii) Not equal in value.--If the values of 
                        land or improvements to be exchanged under this 
                        Act and described in clause (i) are not equal, 
                        the values may be equalized by--
                                    (I) the Secretary making a cash 
                                payment to the purchaser;
                                    (II) the purchaser making a cash 
                                equalization payment to the Secretary; 
                                or
                                    (III) reducing the value of the 
                                administrative site or the non-Federal 
                                land or improvements, as appropriate.
    (h) Rejection of Offers.--The Secretary shall reject any offer made 
under this section if the Secretary determines that the offer is not--
            (1) adequate to provide market value under subsection 
        (g)(1); or
            (2) in the public interest.
    (i) Brokerage Services.--The Secretary may use the proceeds of 
sales or exchanges under this section to pay reasonable commissions or 
fees for brokerage services if the Secretary determines that the 
services are in the public interest.
    (j) Disposition of Proceeds.--
            (1) In general.--After deducting any costs of the Secretary 
        relating to a conveyance, the Secretary shall deposit the 
        proceeds from the conveyance in the fund established under 
        Public Law 90-171 (commonly known as the ``Sisk Act'') (16 
        U.S.C. 484a).
            (2) Use.--Amounts deposited under paragraph (1) shall 
        remain available to the Secretary until expended, without 
        further appropriation, to pay any necessary and incidental 
        costs of the Secretary for the acquisition, improvement, 
        deferred maintenance, construction of new facilities; and 
        disposition of administrative sites and capital improvements on 
        National Forest System land.
    (k) Consultation With Administrator.--As appropriate, the Secretary 
is encouraged to work with the Administrator with respect to the 
conveyance of administrative sites.
    Sec. 504. Working Capital Fund. (a) In General.--Section 13 of the 
Department of Agriculture Organic Act of 1956 (16 U.S.C. 579b) is 
amended to read as follows:

``SEC. 13. WORKING CAPITAL FUND.

    ``(a) Establishment.--There is established a working capital fund 
(referred to in this section as the `Fund'), which shall be available 
without fiscal year limitation.
    ``(b) Use.--Amounts in the Fund shall be used to pay the costs of 
purchasing, constructing, performing capital repairs on, renovating, 
rehabilitating, disposing, or replacing buildings and to carry out 
deferred maintenance and improvements to land for programs of the 
Forest Service, subject to any limitations in appropriations for the 
Forest Service.
    ``(c) Transfer and Capitalization.--The Secretary of Agriculture 
(referred to in this section as the `Secretary') may--
            ``(1) transfer to the Fund, without reimbursement, and 
        capitalize in the Fund at fair and reasonable values, any 
        receivables, inventories, equipment, buildings, improvements, 
        and other assets as the Secretary determines to be appropriate; 
        and
            ``(2) assume the liabilities associated with the assets 
        transferred under paragraph (1).
    ``(d) Advance Payments.--The fund shall be credited with advance 
payments in connection with firm orders and reimbursements from 
appropriations and funds of the Forest Service, other departmental and 
Federal agencies, and from other sources, as authorized by law, at 
rates approximately equal to the cost of furnishing the facilities and 
service.''.
    (b) Savings Clause.--The amendment made by subsection (a) shall not 
affect the status of funds and assets in the working capital fund 
established by section 13 of the Department of Agriculture Organic Act 
of 1956 (16 U.S.C. 579b) as in effect on the date of enactment of this 
section.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                               H. R. 2361

_______________________________________________________________________

                               AMENDMENT