Congressional Record, Volume 150 Issue 83 (Wednesday, June 16, 2004)

[Congressional Record Volume 150, Number 83 (Wednesday, June 16, 2004)]
[House]
[Pages H4207-H4240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT,
2005

The SPEAKER pro tempore. Pursuant to House Resolution 674 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 4568.
The Chair designates the gentleman from Ohio (Mr. LaTourette) as
chairman of the Committee of the Whole, and requests the gentleman from
Georgia (Mr. Isakson) to assume the chair temporarily.

{time} 1539

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 4568)

[[Page H4208]]

making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2005, and for other
purposes, with Mr. Isakson (Chairman pro tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. Pursuant to the rule, the bill is
considered as having been read the first time.
Under the rule, the gentleman from North Carolina (Mr. Taylor) and
the gentleman from Washington (Mr. Dicks) each will control 30 minutes.
The Chair recognizes the gentleman from North Carolina (Mr. Taylor).
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, today we bring to the House floor the fiscal year 2005
budget recommendations for the Department of Interior and related
agencies. This bill includes $19.5 billion, which is $156 million below
the budget request and $257 million below the enacted level.
Given our allocations, this is a balanced bipartisan bill. It
provides significant operation increases for our national parks. It
increases funding above the level requested for Indian schools and
hospitals and clinics. It provides increased wildland fire programs and
continues to make forest health a high priority. We have fully funded
the healthy forests initiative.
There is an additional appropriation, in title IV of the bill, for
urgent fire suppression. It includes $500 million for fiscal year 2004
and $500 million for fiscal year 2005. These funds will be made
available to the extent they are needed to fight fires in those fiscal
years. Given our past problems with insufficient fire fighting funds,
the budget resolution includes a special allocation adjustment for this
purpose.
The bill reported out of committee maintains funding for proven,
mission-essential grant programs that are strongly supported by
Congress and restores funding to ensure that core programs in the bill
are continued.
We have partially restored critical energy research programs to
protect the investment the Congress and the taxpayer have made to
ensure that energy is used more efficiently and cleanly. It just does
not make sense to terminate arbitrarily successful research programs
before they reach a logical conclusion, and that is why we have taken
this measure.
The committee transferred jurisdiction for the Weatherization
Assistance Program from the Interior bill to the Labor, Health, and
Human Services bill, which has the responsibility for the Low Income
Home Energy Assistance Program. LIHEAP already includes a set-aside for
weatherization, and it is, logical to keep these two programs together
in the same bill.
We have made difficult but sensible decisions in the energy area.
Overall, energy research funding is reduced by 7 percent, after
adjustments for jurisdictional change for weatherization. We hope to be
able to increase this as we move forward with the bill in conference.
In order to restore funding for mission essential programs, we have
reduced new construction, land acquisition and grant programs.
This is a challenging year, but this is a bill that is balanced and
fair, and I urge all Members to support it.
I want to thank my friend, the gentleman from Washington (Mr. Dicks),
the minority ranking member, for the hard work that he has done in
producing this bill, as well as the entire committee, and both the
majority and minority staff for their work on this.
Mr. Chairman, I reserve the balance of my time.
Mr. DICKS. Mr. Chairman, I yield myself such time as I may consume.
(Mr. DICKS asked and was given permission to revise and extend his
remarks.)
Mr. DICKS. Mr. Chairman, first of all I want to thank the gentleman
from North Carolina (Chairman Taylor) and the staff of the
subcommittee, both majority and minority, for a very good bill and a
hard-working effort.
Obviously there are deficiencies in the bill. The chairman mentioned
the fact that we are below last year's level and that our allocation
was a couple of hundred million dollars below the President's budget
request. So obviously we had limitations on what we could do in this
bill.
I do think that adding $500 million in 2004 for fire fighting,
assuming we get the bill signed, and also for 2005, was an important
step. We have also increased the overall funding for fire fighting by a
significant amount of money.
There are some deficiencies. The majority decided not to fund the
request of the President for the $41 million increase for the National
Endowment for the Arts and Humanities. We were unable to come up with
the money to fund the conservation amendment. But in other areas we
were able to come up with funding to increase the money for the parks.
As I spoke on the rule, I talked about this problem we have with our
national parks. We do not have enough money to cover the fixed costs.
Therefore, their operating budgets are not able to cover the number of
people necessary. I used the example of the Olympic National Park.

{time} 1545

Three years ago, they had 130 temporary workers during the summer.
That has been reduced down to 25. That is unbelievable. They had, I
think, 3 years ago 146 employees, full-time; now it is down to 120, and
they are supposed to have 202 employees. So my colleagues can see that
this lack of funding is causing serious problems in the operations of
the parks themselves. We are just not going to have the same number of
rangers out there. This is a problem that I hope we can continue to
deal with.
So I want to thank the chairman for all of his kindness and his
willingness to work with the minority party here in the House on this
important bill, and we will continue to work together until we get this
bill finished.
Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from West
Virginia (Mr. Rahall).
Mr. RAHALL. Mr. Chairman, I would note that the pending bill
continues a trend that we have seen from the White House and the
Republican leadership. I certainly commend the ranking minority member,
the gentleman from Washington (Mr. Dicks) for his leadership, as well
as the subcommittee chairman, the gentleman from North Carolina (Mr.
Taylor), but it is a trend that is coming out of this pending
legislation as well as the Congress, the trend of not keeping faith
with the American people when it comes to various Federal trust funds.
With the highway bill, it is very apparent. There are those of us who
want to return to the American people from the Highway Trust Fund the
taxes that are paid at the pump in the form of better roads and
bridges, and there are those who do not.
In the pending legislation, there is a trust fund account called the
Abandoned Mine Reclamation Fund, financed by a fee imposed on the coal
industry. This is the industry's version of Superfund. It is meant to
provide funding to finance the cleanup of abandoned coal mine sites
that pose a threat to human health and safety. The unspent balance in
that trust fund is approaching $2 billion. Yet the pending bill
flatlines the amount it would make available.
I could go on and on. There is another trust fund involved with the
pending legislation; and here, too, this bill does not keep faith with
America. That is called the Land and Water Conservation Fund programs,
which is authorized at 900 million. The total is less than $150 million
in this bill.
Funding that would improve and expand the wildlife refuges, National
Parks, and National Forests is sacrificed at the altar of tax relief
for the rich. Apparently, the money for the Bush tax cut really did
grow on trees.
What is more, the Bush administration, along with the majority here
in the House, fails to provide these funds even though half the money
goes directly to the States for conservation and recreation purposes.
If the Bush administration supports making rich people richer, that
is their choice; but the American people should know where the money is
coming from. The American people should know what the real reason is
when they go to a national park this summer and find it surrounded by
commercial development because there will be no funds to conserve the
lands around the park. The American people should know that even though
we are supposed to have the money sitting in a trust fund, dangerous
abandoned mine sites will not

[[Page H4209]]

be reclaimed because that trust has been broken as well.
Gutting conservation spending to fund a tax cut is short-sighted and
cynical. Members need to come to this floor during the debate on this
legislation and tell the American people where they stand.
It appears that this administration and its friends in the Congress
have thrown the keys to the Treasury off the continent, funding a war
that we were not properly advised on its true cost and which is going
to reach astronomical proportions. Now we are left with depleted funds,
from roads and infrastructure to our majestic parks and wildlife
protection programs.
So I would urge Members to look closely at this legislation before
making their minds up.
Mr. Chairman, I would note that the pending bill continues a trend
that we have seen coming out of the White House and from the Republican
Leadership. And that is a trend of not keeping faith with the American
people when it comes to various federal trust funds.
With the highway bill, it is very apparent. There are those of us who
want to return to the American people from the Highway Trust Fund the
taxes they pay at the pump in the form of better roads and bridges. And
there are those who do not.
In the pending legislation, there is a trust fund account, the
Abandoned Mine Reclamation Fund, financed by a fee imposed on the coal
industry. This is the industry's version of Superfund. It is meant to
provide funding to finance the cleanup of abandoned coal mine sites
that pose a threat to human health and safety. The unspent balance in
that trust fund is approaching $2 billion.
Yet the pending bill flat lines the amount it would make available. I
can assure this body there is no lack of need for this funding. We have
an extensive inventory of sites which need to be reclaimed. This
program is about improving our environment, and it is about jobs. Well
paying construction jobs. And there is another trust fund involved with
the pending legislation, and here too, this bill does not keep faith
with America.
Spending on Land and Water conservation Fund programs--which is
authorized at $900 million--totals less than $150 million in this bill.
Funding that would improve and expand wildlife refuges, National Parks
and National Forests is sacrificed at the altar of tax relief for the
rich. Apparently, the money for the Bush tax cut really did grow on
trees. What's more, the Bush Administration, along with the Majority
here in the House, fails to provide these funds even though half the
money goes directly to the States for conservation and recreation
purposes.
If the Bush administration supports making rich people richer, that
is their choice. But the American people should know where the money is
coming from.
The American people should know that the National Park they visit
this summer will soon be surrounded by commercial development because
there will be no funds to conserve the lands around the Park.
The American people should know that the conservation and recreation
programs planned by their governor will have to be abandoned because
the Federal government won't come through with matching funds.
The American people should know that, even though we are supposed to
have the money sitting in a trust fund, dangerous abandoned mine sites
will not be reclaimed because that trust has been broken. Gutting
conservation spending to fund a tax cut is short-sighted and cynical.
Members need to come to this House floor during the debate on this
legislation and tell the American people where they stand.
It appears that this administration and its friends in the Congress
have thrown the keys to the Treasury off the continent, funding a war
that we were not properly advised on its true cost. And now we are left
with depleted funds for worthy and traditionally bipartisan programs,
from roads and infrastructure, to our majestic parks and wildlife
protection programs.
I urge a ``no'' vote on the pending measure.
Mr. TAYLOR of North Carolina. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, relating to the operation funds, we hope maybe in the
conference we will be able to provide more money, after we work with
the Senate, for the Interior bill. But we have a letter from the parks
director, and this is the second letter that they have sent; and also
in public testimony they pointed out that there is not going to be any
reductions in visitors' services or access to the park facilities this
year. Let me repeat that. Her instructions to the National Park Service
field management was clear that the parks facilities are to be
available at the same level as they were in the last year, with some
amounts for changes for operating hours where individual work might be
going on.
So we do not expect parks to be closed. We do not expect any
different changes in visitation for our people who will be vacationing
at national parks.
We put $1 billion into parks operation. That was a $55 million
increase; and while we all want to look for more money for our entire
public lands, we think this is adequate, and we have the Parks
Service's guarantee that we will not be closing parks under any
circumstances this year.
Mr. Chairman, I yield back the balance of my time.
Mr. DICKS. Mr. Chairman, I yield 2 minutes to the gentleman from
Oregon (Mr. DeFazio), who has been a very good friend and a strong
supporter of this bill.
Mr. DeFAZIO. Mr. Chairman, I thank the gentleman from Washington for
yielding me this time, and I thank the chairman.
I particularly want to congratulate the committee on the additional
money for firefighting. I know it is a tough budget year. I know their
allocations were inadequate. But it was absolutely crucial that we get
the up-front money we need for what is expected to be the worst fire
year in Western history so we can be better prepared and also have the
assurances of an additional funding for next year so that the Forest
Service can begin to get into long-term contracts for larger aircraft,
for fuel retardant crops.
That said, I am concerned that after last year's vigorous debate and
final resolution of the Healthy Forest Restoration Act, with the
promise of $760 million a year from the White House committed to
hazardous fuel reductions in Western forests, that there is only $266
million in this bill. That is not adequate. At that level, if there was
no additional fuels buildup, it would take 100 years to deal with the
already accumulated buildup. That is part of the reason why they have
to so robustly fund firefighting. We simply have to get ahead of this
problem. We can provide jobs in rural communities, we can do fuel
reduction in a way that is labor intensive, but will protect resources,
protect our communities, and enhance the forests. But at the $266
million level, that is simply not going to get done. In fact, we will
probably see the backlog grow over the coming years.
So again, I congratulate the committee for the additional money for
firefighting and hope in the conference committee that they can find
some additional funds to move ahead with fuel reduction.
Mr. DICKS. Mr. Chairman, I yield 5 minutes to the gentleman from
Wisconsin (Mr. Obey), the distinguished ranking Democratic member of
the full Committee on Appropriations.
Mr. OBEY. Mr. Chairman, I would very much like to be able to support
this bill, and I regret very much that I cannot do so. I would like to
explain why that is the case.
First of all, let me simply observe that I think that this bill gives
vivid testimony to the strangeness of the majority party budget
resolution. This bill, in fact, eliminates $700 million of the
President's initiatives in areas under the jurisdiction of this
subcommittee. Those are reductions in the President's initiatives that
were made by the President's own party. The reason they did that is
because they understood that the President's budget increases were
essentially ``let's pretend'' increases; they were financed by cutting
deeply into the base of existing programs such as Indian health care,
which no civilized person would suggest that we cut. But nonetheless,
those initiatives are now gone because of the unreality of the
President's budget and the unreality of the budget resolution itself.
But more importantly, my problem with this bill is that it scuttles
the conservation agreement that was made 4 years ago. Then, we had a
number of Members of this Congress who wanted to pass what was known as
CARA. That would have created an entitlement for a whole range of
environmental and land acquisition programs. A number of us thought it
was not advisable to make those entitlements, but we did want to see
significant increases in those funding levels. So we reached an
agreement in the committee that there would be a 6-year scheduled ramp-
up of funding for the programs. The committee stuck to that for 2
years. Last

[[Page H4210]]

year they walked away from it. This year they are walking away from it
again. That means that this bill funds at an $831 million level
programs that were scheduled to be at the $1.6 billion level.
We can argue about whether or not those programs are advisable, but I
come from the old-fashioned view that if a committee makes a
commitment, it has an obligation to stick to it. I stick to mine, and I
expect people who make agreements with me to keep those commitments. I
feel that the majority party did not keep that commitment; and so I, in
protest, am intending to vote ``no.''
Let me say there are some good things in this bill, and I appreciate
the fact that the chairman has tried to work out a number of issues
most rationally. But I really believe that to be involved in a
theological debate on land acquisition that prevents us from protecting
some of the most precious and pristine areas in this country before
they are overcome by development is a price that is too high to pay for
running this Congress on the basis of ideology rather than evidence,
and so I regretfully will be opposing the bill.
Mr. FALEOMAVAEGA. Mr. Chairman, I rise today in support of H.R. 4568,
the FY05 Interior Appropriations Bill. This bill is of critical
importance to the insular areas and I thank my colleagues for their
continued support of my efforts to keep in place government operations
and capital improvement funding for American Samoa.
The United States territory of American Samoa lies 2,300 miles
southwest of Hawaii, covers a land area of 76 square miles, has a
population of less than 70,000, and a per capita income of $4,300 per
year. Due to scarcity of land, labor and capital, economic growth and
development in American Samoa has been limited.
In fact, more than 80 percent of American Samoa's economy is
dependent either directly or indirectly on two United States tuna
canneries which employ more than 5,150 people or 74 percent of the
workforce. A decrease in production or departure of one or both of the
two canneries in American Samoa could devastate the local economy
resulting in massive layoffs and insurmountable financial difficulties.
To protect American Samoa's present economy and to encourage and
foster other investment and development in the Territory, I believe it
is necessary to keep in place American Samoa's annual funding. I also
believe it is important to increase our funding and I will continue to
work with our friends in the House and Senate to make sure that the
needs of American Samoa are addressed at a time when our nation is not
faced with budget constraints brought on by the high costs of war.
For educational purposes, I will work to set aside funds on a per
annum basis for sports and recreational programs for 6 high schools and
23 elementary and middle schools in American Samoa. For purposes of
diversifying our economy, I will also work to set aside finds for the
development of a high tech, e-commerce initiative. For purposes of
improving health care and education, I am working to increase funding
for ASG operations and capital improvement projects.
American Samoa has 23 elementary and middle schools, 6 public high
schools and 4 private high schools. More than 80 percent of these
schools do not have adequate playgrounds, gyms or sports equipment. Yet
American Samoa's prominence in college and NFL programs has caught the
attention of Sports Illustrated which featured an article on our youth
in its November 3, 2003 issue.

With a per capita income of less than $4,500 per year and a single-
industry economy based almost solely on the U.S. tuna fishing and
processing industries, sports scholarships are one of the few
opportunities Samoan youth have to finance higher education. A set
aside of $500,000 on a per annum basis for sports and recreation
programs will not only increase scholarship opportunities but will also
put in place necessary health and wellness programs that are currently
lacking in our schools.
I believe this is a worthy cause, a cause to which all students,
including ones in American Samoa are entitled. As such, I will pursue
this matter until it has the full support of the House and Senate.
For some time, I have been working with the American Samoa
Government, including our present Governor, the Honorable Togiola
Tulafono, on establishing e-commerce in the Territory. Initially, the
Department of the Interior was supportive of this effort and provided
technical assistance funding for a feasibility study.
One of the most important initiatives of this project is to create an
e-commerce development center. Last year, I was able to include
$500,000 in the Labor, Health and Education Appropriations bill to fund
a computer lab at the American Samoa Community College. This lab will
provide the basis of our e-commerce initiative.
The Governor is now looking at the possibility of establishing a non-
profit e-CDC Cooperative Cooperation and together we are seeking
funding for an e-CDC center that would house a technology training
center at the American Samoa Community College. Focus would be placed
on data entry work and software development for Pacific Island nations.
The facility would also house a business development center to
encourage small business start-ups.
Given that the two largest employers in American Samoa are the tuna
canneries and the U.S. federal government, I support the development of
e-commerce in the Territory and I am asking that $500,000 be set aside
on a per annum basis to help American Samoa diversify its economy.
As I mentioned earlier, I appreciate the support of my friends in the
House in working with me to keep American Samoa's government operations
and capital improvement project funding in place. While I understand
that it is difficult to increase funding when our nation is at war, I
would also like to note that American Samoa's population has increased
by 22 percent in the past ten years. To address necessary issues of
public health and safety, I am hopeful that in the near future we will
be able to increase American Samoa's annual appropriations and, at this
time, I join with my colleagues in support of H.R. 4568.
Mrs. MALONEY. Mr. Chairman, I rise today in strong support of the
Slaughter-Shays-Dicks-Leach Amendment, which would provide a modest--
but much needed--increase in funding for the National Endowment for the
Arts and the National Endowment for the Humanities.
This additional $10 million dollars for the NEA and $3.5 million
dollars for the NEH would help expose our children to American art,
history and culture. In addition to the enjoyment and life-enrichment
that each participant in the arts experiences, the involvement of
children in the arts has been shown to improve reading and language
development, mathematics skills, fundamental cognitive skills,
motivation to learn, and social behavior.
The Arts and Humanities not only enhance the lives of our children--
they also keep our economy strong. Every year, the nonprofit arts
industry creates $134 billion dollars in economic activity, generating
$22.4 billion dollars in tax revenue for our local, state and federal
governments, and supporting nearly 5 million full-time jobs all across
our country.
In my district alone, over 130,000 people are employed by the
museums, theaters, art galleries and other art organizations that I am
proud to represent. For my constituents, and for all Americans, the
arts mean business.
Because such a modest increase in funding would bring the arts and
jobs to so many people, I support the Slaughter-Shays-Dicks-Leach
amendment, and I urge my colleagues to do the same.
Mr. NUSSLE. Mr. Chairman, I rise to speak on H.R. 4568, the Interior
and Related Agencies Appropriations Bill for fiscal year 2005.
H.R. 4568 provides $20.0 billion in budget authority and $20.2
billion in outlays--an increase of $78 million in BA and $629 million
in outlays from fiscal year 2004.
As Chairman of the House Budget Committee, I am pleased to report
that the bill is generally consistent with the Conference Report on the
Concurrent Resolution on the Budget for fiscal year 2005 (H. Con. Res.
95) which recently passed the full House but has yet to pass the
Senate. The bill comes in at its 302(b) allocation for fiscal year 2005
and therefore complies with section 302(f) of the budget resolution,
which limits appropriations measures to the allocation of the reporting
subcommittee.
A very important component of this bill is the funding for
suppression of wildfires. In addition to fully funding wildland fire
suppression activities at their ten-year average, H.R. 4568 provides an
additional $500 million for fire suppression within the Forest Service
and the Department of Interior in both fiscal years 2004 and 2005. I am
authorized by the budget resolution to increase the allocation of the
Appropriations Committee to accommodate this additional spending
because the bill fully funds the wildfire suppression accounts.
However, the appropriations for fiscal year 2004 does exceed the
allocation in that year because of a slight breach in its allocation
resulting from legislation enacted late last session.
H.R. 4568 contains no rescissions but does include an advance
appropriation of $36 million for payments under the Elk Hills School
lands fund settlement agreement. The advance appropriation is included
in the list of anticipated advance appropriations under section 401 of
the Budget Resolution.
Let me conclude by commending Chairman Taylor and Ranking Member
Dicks for a job well done in prioritizing the programs within their
jurisdiction and coming to the floor with a bill that complies with
this year's budget resolution.

[[Page H4211]]

Mr. LARSON of Connecticut. Mr. Chairman, as the Ranking Minority
Member of the House Administration Committee, which has legislative and
oversight jurisdiction over the Smithsonian Institution, I rise today
to note that the Appropriations Committee has approved $628 million for
the Smithsonian in Fiscal Year 2005. This represents an increase of $23
million over Fiscal Year 2004 and a cut of $8.2 million from the
Administration's FY 2005 request. The cut was not unexpected given the
current budget deficit and the chaos surrounding the Congressional
budget process in the absence of a concurrent resolution on the budget
for FY 2005.
The $8.2 million cut came from a variety of sources, not enough to
cause significant damage to any vital program or function this year,
and some of the reductions can be made up for in the future. I
especially hope that additional funds can be found next year for
improving the facilities and maintenance at the National Zoo, which has
been the subject of major controversy in hearings before the House
Administration Committee during this Congress, and which will likely be
addressed by the National Academy of Sciences when it issues its final
report, requested by our Committee, on the operation of the Zoo later
this summer.
The Smithsonian Institution has a maintenance backlog of $1.5 billion
throughout all of its facilities. When some structures are in a state
of such disrepair that they pose a danger to the public and to the
staff, as well as, in the case of the National Zoo, to the animals; we
have to be prepared to act eventually to address the big picture. I
hope that the time will come sooner rather than later for us to provide
this critical funding for the Zoo. Although I am pleased that this bill
provides the minimum amount of funding for the Smithsonian, I hope that
in the future we can do more to support the museums which benefit so
many of our citizens and the critical scientific research the
Smithsonian conducts which is so important to our understanding of
ourselves, our planet, and our universe.
Mr. DICKS. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore (Mr. Isakson). All time for general debate
having been yielded, pursuant to the rule, the bill shall be considered
for amendment under the 5-minute rule.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Clerk will read.
The Clerk read as follows:

H.R. 4568

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of
the Interior and related agencies for the fiscal year ending
September 30, 2005, 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)),
$840,401,000, to remain available until expended, of which
$1,000,000 is for high priority projects, to be carried out
by the Youth Conservation Corps; $2,232,000 is for assessment
of the mineral potential of public lands in Alaska pursuant
to section 1010 of Public Law 96-487; (16 U.S.C. 3150); and
of which not to exceed $1,000,000 shall be derived from the
special receipt account established by the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i));
and of which $3,500,000 shall be available in fiscal year
2005 subject to a match by at least an equal amount by the
National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such
funds shall be advanced to the Foundation as a lump sum grant
without regard to when expenses are incurred.
In addition, $32,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program; to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as to
result in a final appropriation estimated at not more than
$840,401,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities: Provided, That appropriations herein made shall
not be available for the destruction of healthy, unadopted,
wild horses and burros in the care of the Bureau or its
contractors.

Wildland Fire Management

For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $743,099,000,
to remain available until expended, of which not to exceed
$12,374,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for
fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation:
Provided further, That using the amounts designated under
this title of this Act, the Secretary of the Interior may
enter into procurement contracts, grants, or cooperative
agreements, for hazardous fuels reduction activities, and for
training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition among:
(A) local private, nonprofit, or cooperative entities; (B)
Youth Conservation Corps crews or related partnerships with
state, local, or non-profit youth groups; (C) small or micro-
businesses; or (D) other entities that will hire or train
locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts:
Provided further, That in implementing this section, the
Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the
authorities provided herein: Provided further, That funds
appropriated under this head may be used to reimburse the
United States Fish and Wildlife Service and the National
Marine Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required
by section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary
of the Interior may use wildland fire appropriations to enter
into non-competitive sole source leases of real property with
local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on
such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for
any such lease or for construction activity associated with
the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $12,000,000, between the
Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal
emergency response actions.

Central Hazardous Materials Fund

For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$9,855,000, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302, sums recovered from or
paid by a party in advance of or as reimbursement for
remedial action or response activities conducted by the
Department pursuant to section 107 or 113(f) of such Act,
shall be credited to this account, to be available until
expended without further appropriation: Provided further,
That such sums recovered from or paid by any party are not
limited to monetary payments and may include stocks, bonds or
other personal or real property, which may be retained,
liquidated, or otherwise disposed of by the Secretary and
which shall be credited to this account.

Construction

For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $15,000,000, to
remain available until expended.

Land Acquisition

For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $4,500,000, to be derived from the Land and

[[Page H4212]]

Water Conservation Fund and to remain available until
expended.

Oregon and California Grant Lands

For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; 111,557,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge
against the Oregon and California land-grant fund and shall
be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).

forest ecosystems health and recovery fund

(REVOLVING FUND, SPECIAL ACCOUNT)

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

Range Improvements

For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.

Service Charges, Deposits, and Forfeitures

For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.

Miscellaneous Trust Funds

In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.

ADMINISTRATIVE PROVISIONS

Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on her certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501, the
Bureau may, under cooperative cost-sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards.

United States Fish and Wildlife Service

Resource Management

For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $970,494,000, to
remain available until September 30, 2006, Provided, That not
less than $1,750,000 shall be provided to local governments
in southern California for planning associated with the
Natural Communities Conservation Planning (NCCP) program and
shall remain available until expended: Provided further, That
$2,000,000 is for high priority projects, which shall be
carried out by the Youth Conservation Corps: Provided
further, That not to exceed $16,226,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4
of the Endangered Species Act, as amended, for species that
are indigenous to the United States (except for processing
petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or
(c)(2)(B)(ii)), of which not to exceed $12,700,000 shall be
used for any activity regarding the designation of critical
habitat, pursuant to subsection (a)(3), excluding litigation
support, for species listed pursuant to subsection (a)(1)
prior to October 1, 2004: Provided further, That of the
amount available for law enforcement, up to $400,000, to
remain available until expended, may at the discretion of the
Secretary be used for payment for information, rewards, or
evidence concerning violations of laws administered by the
Service, and miscellaneous and emergency expenses of
enforcement activity, authorized or approved by the Secretary
and to be accounted for solely on her certificate: Provided
further, That of the amount provided for environmental
contaminants, up to $1,000,000 may remain available until
expended for contaminant sample analyses.

Construction

For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $48,400,000, to remain available until
expended.

land acquisition

For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 4601-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $12,500,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended: Provided, That none of the funds
appropriated for specific land acquisition projects can be
used to pay for any administrative overhead, planning or
other management costs.

landowner incentive program

For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
private conservation efforts to be carried out on private
lands, $15,000,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That the amount provided herein is for a Landowner
Incentive Program established by the Secretary that provides
matching, competitively awarded grants to States, the
District of Columbia, federally recognized Indian tribes,
Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, and American Samoa, to establish or
supplement existing landowner incentive programs that provide
technical and financial assistance, including habitat
protection and restoration, to private landowners for the
protection and management of habitat to benefit federally
listed, proposed, candidate, or other at-risk species on
private lands.

private stewardship grants

For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
private conservation efforts to be carried out on private
lands, $5,000,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That the amount provided herein is for the Private
Stewardship Grants Program established by the Secretary to
provide grants and other assistance to individuals and groups
engaged in private conservation efforts that benefit
federally listed, proposed, candidate, or other at-risk
species: Provided further, That balances from amounts
previously appropriated under the heading ``Stewardship
Grants'' shall be transferred to and merged with this
appropriation and shall remain available until expended.

[[Page H4213]]

Cooperative Endangered Species Conservation Fund

For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as
amended, $81,596,000, of which $49,384,000 is to be derived
from the Cooperative Endangered Species Conservation Fund and
$49,384,000 is to be derived from the Land and Water
Conservation Fund and to remain available until expended.

National Wildlife Refuge Fund

For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.

North American Wetlands Conservation Fund

For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $38,000,000, to remain available until expended.

neotropical migratory bird conservation

For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
with the Neotropical Migratory Bird Conservation Act, Public
Law 106-247 (16 U.S.C. 6101-6109), $4,400,000, to remain
available until expended.

Multinational Species Conservation Fund

For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros
and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), and
the Great Ape Conservation Act of 2000 (16 U.S.C. 6301),
$5,900,000, to remain available until expended.

State and Tribal Wildlife Grants

For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and federally recognized Indian tribes under the provisions
of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and
their habitat, including species that are not hunted or
fished, $67,500,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That of the amount provided herein, $6,000,000 is
for a competitive grant program for Indian tribes not subject
to the remaining provisions of this appropriation: Provided
further, That the Secretary shall, after deducting said
$6,000,000 and administrative expenses, apportion the amount
provided herein in the following manner: (A) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(B) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (A)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (B) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 50 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That no State,
territory, or other jurisdiction shall receive a grant unless
it has developed, or committed to develop by October 1, 2005,
a comprehensive wildlife conservation plan, consistent with
criteria established by the Secretary of the Interior, that
considers the broad range of the State, territory, or other
jurisdiction's wildlife and associated habitats, with
appropriate priority placed on those species with the
greatest conservation need and taking into consideration the
relative level of funding available for the conservation of
those species: Provided further, That any amount apportioned
in 2005 to any State, territory, or other jurisdiction that
remains unobligated as of September 30, 2006, shall be
reapportioned, together with funds appropriated in 2007, in
the manner provided herein: Provided further, That balances
from amounts previously appropriated under the heading
``State Wildlife Grants'' shall be transferred to and merged
with this appropriation and shall remain available until
expended.

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 179 passenger motor vehicles, of which 161 are
for replacement only (including 44 for police-type use);
repair of damage to public roads within and adjacent to
reservation areas caused by operations of the Service;
options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses
on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which
are used pursuant to law in connection with management, and
investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing
either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards:
Provided further, That notwithstanding any other provision of
law, the service may use up to $2,000,000 from funds provided
for contracts for employment-related legal services: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft: Provided further, That
notwithstanding any other provision of law, the Secretary of
the Interior may not spend any of the funds appropriated in
this Act for the purchase of lands or interests in lands to
be used in the establishment of any new unit of the National
Wildlife Refuge System unless the purchase is approved in
advance by the House and Senate Committees on Appropriations
in compliance with the reprogramming procedures contained in
House Report 108-330.

National Park Service

Operation of the National Park System

For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
$1,686,067,000, of which $10,708,000 is for planning and
interagency coordination in support of Everglades restoration
and shall remain available until expended; of which
$94,690,000, to remain available until September 30, 2005, is
for maintenance, repair or rehabilitation projects for
constructed assets, operation of the National Park Service
automated facility management software system, and
comprehensive facility condition assessments; and of which
$2,000,000 is for the Youth Conservation Corps for high
priority projects: Provided, That the only funds in this
account which may be made available to support United States
Park Police are those funds approved for emergency law and
order incidents pursuant to established National Park Service
procedures, those funds needed to maintain and repair United
States Park Police administrative facilities, and those funds
necessary to reimburse the United States Park Police account
for the unbudgeted overtime and travel costs associated with
special events for an amount not to exceed $10,000 per event
subject to the review and concurrence of the Washington
headquarters office.

United States Park Police

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

National Recreation and Preservation

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

Historic Preservation Fund

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

construction

For construction, improvements, repair or replacement of
physical facilities, including the modifications authorized
by section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $297,628,000, to remain available
until expended: Provided,

[[Page H4214]]

That none of the funds available to the National Park Service
may be used to plan, design, or construct any partnership
project with a total value in excess of $5,000,000, without
advance, written approval of the House and Senate Committees
on Appropriations: Provided further, That, notwithstanding
any other provision of law, the National Park Service may not
accept donations or services associated with the planning,
design, or construction of such new facilities without
advance written approval of the House and Senate Committees
on Appropriations: Provided further, That these restrictions
do not apply to the Flight 93 Memorial: Provided further,
That none of the funds provided in this or any other Act may
be used for planning, design, or construction of any
underground security screening or visitor contact facility at
the Washington Monument until such facility has been approved
in writing by the House and Senate Committees on
Appropriations: Provided further, That funds appropriated in
this Act and in any prior Acts for the purpose of
implementing the Modified Water Deliveries to Everglades
National Park Project shall be available for expenditure
unless the joint report of the Secretary of the Interior, the
Secretary of the Army, the Administrator of the Environmental
Protection Agency, and the Attorney General which shall be
filed within 90 days of enactment of this Act and by
September 30 each year thereafter until December 31, 2006, to
the House and Senate Committees on Appropriations, the House
Committee on Transportation and Infrastructure, the House
Committee on Resources and the Senate Committee on
Environment and Public Works, indicates that the water
entering A.R.M. Loxahatchee National Wildlife Refuge and
Everglades National Park does not meet applicable State water
quality standards and numeric criteria adopted for phosphorus
throughout A.R.M. Loxahatchee National Wildlife Refuge and
Everglades National Park, as well as water quality
requirements set forth in the Consent Decree entered in
United States v. South Florida Water Management District, and
that the House and Senate Committees on Appropriations
respond in writing disapproving the further expenditure of
funds.

Land and Water Conservation Fund

(rescission)

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

Land Acquisition and State Assistance

For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $107,500,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $91,500,000 is for the State
assistance program including $1,500,000 to administer this
program: Provided, That none of the funds provided for the
State assistance program may be used to establish a
contingency fund.

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be
available for the purchase of not to exceed 249 passenger
motor vehicles, of which 202 shall be for replacement only,
including not to exceed 193 for police-type use, 10 buses,
and 8 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to
process any grant or contract documents which do not include
the text of 18 U.S.C. 1913: Provided further, That none of
the funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of the
southern end of Ellis Island until such agreement has been
submitted to the Congress and shall not be implemented prior
to the expiration of 30 calendar days (not including any day
in which either House of Congress is not in session because
of adjournment of more than 3 calendar days to a day certain)
from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end
of Ellis Island, including the facts and circumstances relied
upon in support of the proposed project: Provided further,
That appropriations available to the National Park Service
may be used to maintain the following areas in Washington,
District of Columbia: Jackson Place, Madison Place, and
Pennsylvania Avenue between 15th and 17th Streets, Northwest.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to
encourage employees receiving workers' compensation benefits
pursuant to chapter 81 of title 5, United States Code, to
return to appropriate positions for which they are medically
able.
Notwithstanding any other provision of law, in fiscal year
2005, with respect to the administration of the National Park
Service park pass program by the National Park Foundation,
the Secretary may pay to the Foundation administrative funds
expected to be received in that fiscal year before the
revenues are collected, so long as total payments in the
administrative account do not exceed total revenue collected
and deposited in that account by the end of the fiscal year.
If the Secretary of the Interior considers the decision of
any value determination proceeding conducted under a National
Park Service concession contract issued prior to November 13,
1998, to misinterpret and/or misapply relevant contractual
requirements, and their underlying legal authority, the
Secretary may seek the de novo review of the value
determination by the United States Court of Federal Claims,
and that court may make an order affirming, vacating,
modifying or correcting the determination.
In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the
National Park System to extinguish or reduce liability for
Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that
the benefiting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of
funds used to extinguish or reduce liability. Franchise fees
at the benefiting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term
of a single contract at the benefiting unit, in the amount of
funds so expended to extinguish or reduce liability.

United States Geological Survey

Surveys, Investigations, and Research

For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); and publish and disseminate data relative to the
foregoing activities; and to conduct inquiries into the
economic conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law and to publish and
disseminate data; $944,498,000, of which $63,262,000 shall be
available only for cooperation with States or municipalities
for water resources investigations; and of which $16,185,000
shall remain available until expended for conducting
inquiries into the economic conditions affecting mining and
materials processing industries; and of which $7,901,000
shall remain available until expended for satellite
operations; and of which $20,099,000 shall be available until
September 30, 2006, for the operation and maintenance of
facilities and deferred maintenance; and of which $1,600,000
shall be available until expended for deferred maintenance
and capital improvement projects that exceed $100,000 in
cost; and of which $171,976,000 shall be available until
September 30, 2006, for the biological research activity and
the operation of the Cooperative Research Units: Provided,
That none of these funds provided for the biological research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.

ADMINISTRATIVE PROVISIONS

The amount appropriated for the United States Geological
Survey shall be available for the purchase and replacement of
passenger motor vehicles; reimbursement to the General
Services Administration for security guard services;
contracting for the furnishing of topographic maps and for
the making of geophysical or other specialized surveys when
it is administratively determined that such procedures are in
the public interest; construction and maintenance of
necessary buildings and appurtenant facilities; acquisition
of lands for gauging stations and observation wells; expenses
of the United States National Committee on Geology; and
payment of compensation and expenses of persons on the rolls
of the Survey duly appointed to represent the United States
in the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of
students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5,
United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States
Code, relating to tort claims, but shall not be considered to
be Federal employees for any other purposes.

Minerals Management Service

Royalty and Offshore Minerals Management

For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws

[[Page H4215]]

and regulations applicable to oil, gas, and other minerals
leases, permits, licenses and operating contracts; and for
matching grants or cooperative agreements; including the
purchase of not to exceed eight passenger motor vehicles for
replacement only, $171,575,000, of which $81,906,000 shall be
available for royalty management activities; and an amount
not to exceed $103,730,000, to be credited to this
appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in
effect on August 5, 1993, from rate increases to fee
collections for Outer Continental Shelf administrative
activities performed by the Minerals Management Service (MMS)
over and above the rates in effect on September 30, 1993, and
from additional fees for Outer Continental Shelf
administrative activities established after September 30,
1993: Provided, That to the extent $103,730,000 in additions
to receipts are not realized from the sources of receipts
stated above, the amount needed to reach $103,730,000 shall
be credited to this appropriation from receipts resulting
from rental rates for Outer Continental Shelf leases in
effect before August 5, 1993: Provided further, That
$3,000,000 for computer acquisitions shall remain available
until September 30, 2006: Provided further, That funds
appropriated under this Act shall be available for the
payment of interest in accordance with 30 U.S.C. 1721(b) and
(d): Provided further, That not to exceed $3,000 shall be
available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities: Provided
further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in
which the Director of MMS concurred with the claimed refund
due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided
further, That MMS may under the royalty-in-kind pilot
program, or under its authority to transfer oil to the
Strategic Petroleum Reserve, use a portion of the revenues
from royalty-in-kind sales, without regard to fiscal year
limitation, to pay for transportation to wholesale market
centers or upstream pooling points, and to process or
otherwise dispose of royalty production taken in kind, and to
recover MMS transportation costs, salaries, and other
administrative costs directly related to filling the
Strategic Petroleum Reserve: Provided further, That MMS shall
analyze and document the expected return in advance of any
royalty-in-kind sales to assure to the maximum extent
practicable that royalty income under the pilot program is
equal to or greater than royalty income recognized under a
comparable royalty-in-value program: Provided further, That
in fiscal year 2005 and thereafter, notwithstanding 30 U.S.C.
191(a) and 43 U.S.C. 1338, the Secretary shall pay, not to
exceed $499,000 annually, amounts owed to States under the
provision of 30 U.S.C. 1721(b) from amounts received as
current receipts from bonuses, royalties, interest collected
from lessees and designees, and rentals of the public lands
and the outer continental shelf under provisions of the
Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which
are not payable to a State or the Reclamation Fund.

Oil Spill Research

For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $7,105,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.

Office of Surface Mining Reclamation and Enforcement

Regulation and Technology

For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, including the purchase of not to
exceed 10 passenger motor vehicles, for replacement only;
$108,805,000: Provided, That the Secretary of the Interior,
pursuant to regulations, may use directly or through grants
to States, moneys collected in fiscal year 2005 for civil
penalties assessed under section 518 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1268), to
reclaim lands adversely affected by coal mining practices
after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.

Abandoned Mine Reclamation fund

For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $194,106,000,
to be derived from receipts of the Abandoned Mine Reclamation
Fund and to remain available until expended; of which up to
$10,000,000, to be derived from the Federal Expenses Share of
the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage
from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 per State in
fiscal year 2005: Provided further, That pursuant to Public
Law 97-365, the Department of the Interior is authorized to
use up to 20 percent from the recovery of the delinquent debt
owed to the United States Government to pay for contracts to
collect these debts: Provided further, That funds made
available under title IV of Public Law 95-87 may be used for
any required non-Federal share of the cost of projects funded
by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine
drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities
of the Surface Mining Control and Reclamation Act: Provided
further, That the State of Maryland may set aside the greater
of $1,000,000 or 10 percent of the total of the grants made
available to the State under title IV of the Surface Mining
Control and Reclamation Act of 1977, as amended (30 U.S.C.
1231 et seq.), if the amount set aside is deposited in an
acid mine drainage abatement and treatment fund established
under a State law, pursuant to which law the amount (together
with all interest earned on the amount) is expended by the
State to undertake acid mine drainage abatement and treatment
projects, except that before any amounts greater than 10
percent of its title IV grants are deposited in an acid mine
drainage abatement and treatment fund, the State of Maryland
must first complete all Surface Mining Control and
Reclamation Act priority one projects: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
Enforcement sponsored training.

Bureau of Indian Affairs

Operation of Indian Programs

For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of 1978
(25 U.S.C. 2001-2019), and the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$1,935,033,000, to remain available until September 30, 2006
except as otherwise provided herein, of which not to exceed
$85,638,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, not to exceed $133,314,000 shall be available for
payments to tribes and tribal organizations for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2005, as authorized by
such Act except that tribes and tribal organizations may use
their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, or compacts, or annual funding
agreements and for unmet welfare assistance costs; and of
which not to exceed $458,057,000 for school operations costs
of Bureau-funded schools and other education programs shall
become available on July 1, 2005, and shall remain available
until September 30, 2006; and of which not to exceed
$61,409,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation
support, the Indian Self-Determination Fund, land records
improvement, and the Navajo-Hopi Settlement Program:
Provided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$45,348,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with
ongoing grants entered into with the Bureau prior to or
during fiscal year 2004 for the operation of Bureau-funded
schools, and up to $3,000,000 within and only from such
amounts made available for school operations shall be
available for the transitional costs of initial
administrative cost grants to tribes and tribal organizations
that enter into grants for the operation on or after July 1,
2004 of Bureau-operated schools: Provided further, That any
forestry funds allocated to a tribe which remain unobligated
as of September 30, 2006, may be transferred during fiscal
year 2007 to an Indian forest land assistance account
established for the benefit of such tribe within the tribe's
trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2007.

Construction

For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $348,626,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable

[[Page H4216]]

basis: Provided further, That for fiscal year 2005, in
implementing new construction or facilities improvement and
repair project grants in excess of $100,000 that are provided
to tribally controlled grant schools under Public Law 100-
297, as amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary
shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(b), with
respect to organizational and financial management
capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2504(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2507(e): Provided further, That, of
the funds provided for the tribal school demonstration
program, notwithstanding the provisions of paragraph (b)(1)
of section 122 of division F of Public Law 108-7, as amended
by section 136 of Public Law 108-108, $4,500,000 is for the
Eastern Band of Cherokee education campus at the Ravensford
tract.

Indian Land and Water Claim Settlements and Miscellaneous Payments to
Indians

For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $44,771,000, to
remain available until expended, for implementation of
enacted Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 106-554, 107-331, and
108-34, and for implementation of other land and water rights
settlements; and of which $10,032,000 shall be available for
payment to the Quinault Indian Nation pursuant to the terms
of the North Boundary Settlement Agreement dated July 14,
2000, providing for the acquisition of perpetual conservation
easements from the Nation.

Indian Guaranteed Loan Program Account

For the cost of guaranteed and insured loans, $6,421,000,
of which $695,000 is for administrative expenses, as
authorized by the Indian Financing Act of 1974, as amended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$84,699,000.

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits, and
purchase and replacement of passenger motor vehicles.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration (except
facilities operations and maintenance) shall be available for
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the
United States and that tribe, or that tribe's ability to
access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996.
No funds available to the Bureau shall be used to support
expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the
Interior at each school in the Bureau school system as of
October 1, 1995. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.

Departmental Offices

Insular Affairs

Assistance to Territories

For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$74,935,000, of which: (1) $68,372,000 shall be available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $6,563,000 shall be available for
salaries and expenses of the Office of Insular Affairs:
Provided, That all financial transactions of the territorial
and local governments herein provided for, including such
transactions of all agencies or instrumentalities established
or used by such governments, may be audited by the General
Accounting Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided further,
That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the
Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That of the amounts
provided for technical assistance, sufficient funds shall be
made available for a grant to the Pacific Basin Development
Council: Provided further, That of the amounts provided for
technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).

Compact of Free Association

For grants and necessary expenses, $5,499,000, as provided
for in sections 221(a)(2), 221(b), and 233 of the Compact of
Free Association for the Republic of Palau as authorized by
Public Law 99-658; Public Law 108-188; and section 221(a)(2)
of the Compacts of Free Association and their related
agreements between the Government of the United States and
the Government of the Republic of the Marshall Islands as
amended.

Departmental Management

Salaries and Expenses

(including transfer of funds)

For necessary expenses for management of the Department of
the Interior, $93,051,000, of which not to exceed $8,500 may
be for official reception and representation expenses, of
which up to $1,000,000 shall be available for workers
compensation payments and unemployment compensation payments
associated with the orderly closure of the United States
Bureau of Mines, and of which $13,500,000, to be derived by
transfer from unobligated balances in the ``Central Hazardous
Materials Fund'', shall remain available until expended for a
departmental financial and business management system.
Provided, That none of the funds in this or previous
appropriations Acts may be used to establish any additional
reserves in the Working Capital Fund account other than the
two authorized reserves without prior approval of the House
and Senate Committees on Appropriations.

{time} 1600

Amendments Offered by Ms. Slaughter

Ms. SLAUGHTER. Mr. Speaker, I offer a set of amendments, and I ask
unanimous consent they be considered en bloc.
The Clerk read as follows:

Amendments offered by Ms. Slaughter:
Page 47, line 4, after ``Appropriations'' insert ``Provided
further, That amounts otherwise appropriated by this Act for
motor vehicle lease, purchase or service costs at the
Department of the Interior are reduced by

[[Page H4217]]

$13,500,000 and, not later than 30 days after the date of the
enactment of this Act, the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a listing of the amounts by account of the reductions made
pursuant to this proviso''.
Page 103, line 24, strike ``$120,972,000'' and insert
``$130,972,000''.
Page 104, line 5, strike ``$122,377,000'' and insert
``$125,877,000''.

The CHAIRMAN pro tempore (Mr. Duncan). Without objection, the
amendments may be considered en bloc.
There was no objection.
Ms. SLAUGHTER. Mr. Chairman, I rise to offer an amendment that will
provide just a small increase for Federal arts agencies but which will
pay us back many times over, both in hard dollars and in ways that are
simply incalculable for the people that we represent.
Since 2001, when our national economy began its dramatic downturn, we
have seen some of our largest industries shaken to their core. Without
consumer spending and housing market, the recession would have been
even deeper and more discouraging for most Americans. But during those
dark days, one industry sailed on battered by the prevailing wind but
staying afloat, thanks in part to Federal funding, and that was
America's incomparable nonprofit arts industry.
Even without the corporate and philanthropic support of prior years
and with fewer State and local dollars, the indomitable $134 billion
nonprofit arts industry, seen here on this chart, kept selling tickets,
employing artists, attracting tourists, providing jobs, supporting
small businesses and churning out receipts to Federal, State and local
treasuries. In cities, towns and hamlets across the country, artists
continued to write and compose and dance and perform, and audiences
kept coming to watch and listen and absorb their creativity.
Inevitably, they left with what they came for, their minds enlightened,
their souls renewed.
How magic that is when what makes both people's life and economy
richer is one in the same thing. The lesson is clear, the stability of
Federal funding is all the more important to the arts in times of
fiscal fluctuation. And where else can we find such a bargain? For 1/
100 of 1 percent of the Federal budget, the nonprofit arts agencies
generate over 5 million jobs and give back 14 billion to State and
local governments and over 10 billion to the Federal treasury.
Consider this enormous return on our investment and our request is
modest this year. Though the President requested $18 million for the
National Endowment for the Arts, because we recognize the tight budget
we face we will ask only $10 million, and this small increase will
ensure that the NEA's new program, America's Masterpieces: Three
Centuries of Artistic Genius, which First Lady Laura Bush announced
with such enthusiasm last year, will take the best of our heritage to
new and younger audiences across the country. Every dollar of this
increase will go to the program. Not a cent will fund administrative
costs.
Similarly, rather than the $27 million which the President requested
for the National Endowment for the Humanities, we are asking only $3.5
million. The additional money will continue funding for such popular
programs as ``We the People,'' which teaches and studies the
understanding of American history, and every State and territory in the
United States last year benefited from this initiative. Should you have
any doubts left about the ability of the Federal seed money to build a
local economy, think about your own preference when you travel. What do
you look for when you are in a strange city or country?
After checking into your hotel and locating a restaurant, you search
out the local cultural attractions, do you not? The museum, the art
gallery, the theater, the folk festival, the other indigenous arts; in
fact, the attractions that made you want to go there in the first
place. Sixty-five percent of all American travelers do the same. They
include cultural events on their trips and they spend more on the
average than local attendees do at their favorite cultural
institutions.
In my own district, the Cities of Buffalo, Rochester, and Niagara
Falls, New York are dependent on tourist dollars to keep their economy
and local small businesses running. You probably have watched and been
grateful for the same phenomenon in your district. Just today I learned
that Buffalo was now the fourth most desired arts destination in the
country, according to the American Style Magazine's annual poll, and I
say thank goodness for those tourist dollars.
I hope by now you have seen the research seen by Americans for the
Arts, which was sent to every congressional office. Entitled ``The
Creative Industries,'' the report includes a map of your own district
and a chart that shows every arts-related business in your district and
the number of jobs that each supports. It gives you a graphic
indication of the geographic and economic reach of the arts. But the
benefits of our Federal investment are neither confined at our
districts nor stop at our borders. The output of artists and other
creative workers in publishing audio-visual music and recording and
entertainment business amounts to over $60 billion annually in overseas
sales, and this huge return helps the U.S. maintain an ongoing global
position of economic strength and leadership.
Think for a moment about the Reagan funeral. Who was not deeply moved
by the tenor's rendition of Ave Maria? Whose eyes did not tear when the
Marine band played Amazing Grace or God Bless America and the wonderful
choir that sang The Battle Hymn of the Republic? Who can even imagine
such a moment of national importance not imbued with such profound
feeling without the artists performing their great music?
Long after everyone alive today is gone from this Earth, that
ceremony will be remembered by generations to come through the artistry
of great photography.
Let us remember that it was President Reagan himself who set up the
Presidential Task Force on Arts and Humanities.
Mr. BALLENGER. Mr. Chairman, I rise in support of the amendment.
Mr. Chairman, I rise today in support of the amendments to increase
the funding for the National Endowment For the Arts and the National
Endowment for the Humanities.
I understand the importance of fiscal restraint during a time of
large deficit; however, the relatively small amount of Federal funding
of the arts and humanities is needed to leverage private dollars. These
combined resources make the arts and our heritage come alive in
communities across the Nation.
For example, in 1973 we people in Hickory, North Carolina, decided we
wanted to convert an old high school building, and with a small amount
from the National Endowment as sort of a Good Housekeeping Seal of
Approval we raised $2.8 million and had a museum of art.
As another example, in October I was proud to arrange for the Aquila
Theater Company to perform Othello for students in the Northview Middle
School in Hickory, North Carolina. This was possible due to an NEA
program called ``Shakespeare in American Communities.'' This program
brings touring groups to rural communities which normally do not have
the opportunity to see a professional theater company.
In fact, one young eighth grader was so impressed he contacted his
local paper and he wrote, ``I never really knew much about Shakespeare
until a couple of days ago. When I saw that play, I was amazed. It was
awesome.''
By the conclusion of the Shakespeare in American Communities Program
it will have toured all 50 States, visited 200 cities and 14 military
bases. It will have utilized the talent of 29 theater companies whose
actors will have touched the lives of 1 million children.
Dollars that fund this type of program are dollars well spent. Not
only are the arts and humanities essential teaching tools for our
children but they are also good business. In North Carolina's 10th
Congressional District, my district, there are 757 arts-related
businesses which employ 2,677 people. In addition, arts-related
organizations contributed $32 million in payroll taxes to North
Carolina in fiscal year 2003.

{time} 1615

Mr. Chairman, the annual budget of the NEA and NEH return
immeasurable benefits to our children and

[[Page H4218]]

economy, and I urge my colleagues to vote ``yes'' on this amendment.
Mr. ANDREWS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong support of the gentlewoman from New
York's (Ms. Slaughter), my friend, amendment and urge its adoption. As
is typical of a person who is a fine legislative craftsperson, this
amendment fits the rules and is well-crafted to pass. I wish, and I
think I share this wish with the gentlewoman from New York, that we
could do even more; and I know she would do much more if that were a
viable possibility.
I support this amendment because I like to think of myself as being a
fiscal conservative; and for those of us who believe that we should be
careful stewards of the taxpayers' dollar, this amendment meets that
test in two very important ways.
First of all, arts organizations and humanities organizations are
among the most efficient organizations I have ever seen. These are
organizations for whom $5,000 or $10,000 can make the difference
between a viable, vibrant program and no program at all. In an
institution where billions of dollars are routinely cut, spent or
otherwise allocated, these arts organizations stand in stark contrast
because they are the kinds of institutions where a very small amount of
money can make a very big difference.
I know, Mr. Chairman, that we all have such organizations in our
districts. I just heard my friend from North Carolina talk about some
organizations in his. These are organizations that piece together
volunteer in-kind contributions for men and women who paint sets and
sell tickets and make costumes. They knit together that effort with a
few dollars from a local bank or a charitable foundation with a small
amount of support from the local, county, or State cultural and
heritage commission, with private donations from individuals and
families in the community. When they are $5,000 away from getting
something done, very often it is this grant from this program that
helps get that something done.
So in terms of stretching the taxpayers' dollar, it is the most
productive use. The recipients of these grants across the country are
the experts at that, and they deserve this help.
Second, as my friend from New York pointed out so well a few minutes
ago, these expenditures are an investment in economic growth. There are
so many cities and communities in our country, many of them in my State
of New Jersey, that are focusing their downtown revitalization projects
on the arts; that are focusing their job creation efforts on bringing
people into shopping districts and business communities because there
is a cultural festival, because there is a concert, because there is a
new gallery opening; that art patrons bring traffic. They buy products;
they buy goods and services. They eat at the restaurants. They create a
proliferation of economic activity.
We spend a lot of the people's money here. Some of it I do not think
we spend as well as we should, but this is an entirely well-thought-out
expenditure of the people's money.
The final point I would make is that I applaud this amendment's
support for the teaching and learning of history. It is one of the
things that worries me about the future of our country, that so many of
our citizens are not engaged in the study of our history, not engaged
in an understanding of what our history means. This Republic is a
magnificent experiment. It is a unique experiment in the history of
mankind; and to truly appreciate the gift that we have been given in
this Republic requires an understanding of the history that yielded
this Republic.
If one person is compelled to read about the Articles of
Confederation or is compelled to read the great debates that gave rise
to the Constitution of this country, if one person is made to think
about how ancient principles of liberty and democracy apply in very
turbulent modern times, then I think we have accomplished having
something very important. A lot more than one person, many more than
one person is going to have that opportunity as a result of this
amendment.
So I thank its author. I thank those on the other side of the aisle
who stepped forward to support it, and I urge an affirmative vote in
favor of the amendment.

Modification to Amendments Offered by Ms. Slaughter

Ms. SLAUGHTER. Mr. Chairman, I ask unanimous consent to modify the
amendments to correct the line reference from page 103, line 24, to
page 103, line 14.
The CHAIRMAN pro tempore (Mr. Ose). Is there objection to the request
of the gentlewoman from New York?
There was no objection.
Mr. LEACH. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in support of this amendment but must note a
certain embarrassment that it is so modest. If it passes, resources for
NEH and NEA will still be less than the President requested.
Nonetheless, the dollars involved do represent a bit more help to the
two institutions most responsible for advancing the creative impulses
in society and expanding programs which provide historical and
philosophical perspectives to issues of the day.
I recognize that controversy swirls around the National Endowments
for the Arts and Humanities, and it is in the context of this
controversy that a historical point of reference is in order.
Government involvement in the arts was greater in the Great
Depression than it is today. In a time of financial poverty, there was
no poverty of spirit. I refer back to the WPA era, because when our
country dissolved into social chaos, arts brought a sense of
perspective and unity and courage. Ironically perhaps to some, an
American solidarity of spirit was enhanced by artists who frequently
highlighted social problems and who just as frequently lampooned
institutions of the State.
The WPA arts program under President Roosevelt and government
programs in the arts today are designed to take arts from the citadel
of the privileged and bring it to the public at large. President
Roosevelt once noted: ``The arts cannot thrive except when men are free
to be themselves and to be in charge of the discipline of their own
energies and ardor.'' A corollary to this Rooseveltian precept is self-
evident: freedom itself is constrained if the arts are shackled.
Americans need to appreciate, rather than fear, artistic expression.
This does not mean everyone needs to like everything defined as or
alleged to be art. All citizens reserve the right to be critics. But it
does mean that we should go to great lengths to respect dissenting
perspectives in the arts and humanities, just as we need to respect
them in politics.
It also means we must understand that the arts play an increasingly
central role in education. Of all the learning disciplines, they tap
and expand the human imagination the most. In a world of exploding
options for individuals and families, it is imperative that when there
is no experience to serve as a guide, that the imagination be
stimulated and perspectives be applied and that values be brought to
bear.
Nonetheless, it should not be surprising that the Federal agencies
most responsible for advancing programs in the arts and humanities have
their collective backs to the wall. After all, there is no issue more
controversial than culture itself.
In this regard, as a Republican, I would like to stress three
ironies.
Cultural iconoclasts suggest the endowments are elitist citadels. The
facts suggest the opposite. The endowments were established to
democratize the arts and humanities, to broaden access to and
appreciation of diverse aspects of American culture.
Cultural iconoclasts suggest that American education has been dumbing
down. Yet the endowments have as their mission to instill American
education with greater quality, to stimulate creativity, to ennoble the
American spirit.
Cultural iconoclasts lament the standardless sex and violence found
increasingly on television and at the movies. By contrast, the
endowments and their sister institutions, like NPR, are uplifting
counterbalances to the commercialization of sex, pornography, and
violence.
The issue is how best to instill and transfer American values, how
best to expand respect for the ``pluribus'' in our ``unum.'' Market
forces have a powerful role to play, but civilizing instincts can
sometimes be embellished

[[Page H4219]]

by civil efforts of civil institutions. That is the mission of the
endowments.
Abolition of the endowments would lead to a marginally cheaper
government, but if conservatism implies an emphasis on understanding,
advancing and perpetuating our culture, endowment-bashing can hardly be
conservative.
It is true that out of tens of thousands of grants, a half dozen have
proven offensive to large numbers of Americans. Yet, perspective would
indicate it is impressive not how many, but how few, grants have
resulted in serious social umbrage. Given the fact that the Federal
Government today spends less than 5/100 of 1 percent of the GNP on the
arts and humanities, elimination of their funding would more impoverish
the American spirit than the American taxpayer.
In this context, I urge support of this amendment and would like to
express my particular appreciation for the leadership of the
gentlewoman from New York and the subcommittee chairman from North
Carolina.
Mr. NADLER. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in support of the Slaughter-Shays-Dicks
amendment to increase the amount of funding in this bill for the
National Endowment for the Arts and the National Endowment for the
Humanities. In fact, I support the amount that President Bush requested
for these agencies. President Bush requested an $18 million increase
for the NEA and a $23 million increase for the NEH.
In truth, I would be even happier to support President Reagan's
budget for these critical agencies, which was substantially larger.
Unfortunately, the Republican leadership in this Congress do not seem
to think that Presidents Bush and Reagan were right in this respect.
Instead, they continue to insist on flat funding for the NEA and only a
tiny increase for the NEH, but the fact is flat-level funding is really
a cut in the budget. It means that the resources that the NEA needs to
do its job gets stretched thinner and thinner every year.
We have a chance today to take a small step in rectifying this
shortsightedness today. Whether it is the educational value, the
cultural enrichment, or the substantial economic windfalls that the
arts and humanities create, the NEA and the NEH are two of the best
investments this Nation makes and two of the most productive parts of
our budget, although two of the smallest parts of our budget.
When we shortchange the NEA, we deprive our young people of arts
education programs that help them develop critical thinking skills and
train them to be the next generation of artists, and we deprive our
communities of a $134 billion business that generates almost 5 million
jobs, $89 billion in household income, and tens of billions of dollars
in tax revenues.
When we shortchange these agencies, we deprive ourselves of
orchestras, nonprofit theaters, dance companies, opera companies, and
touring groups that bring the benefit of the arts and culture to
smaller communities throughout our country. We deprive ourselves of the
important work of interpreting and preserving our Nation's heritage.
For just a fraction of 1 percent of our Federal budget, the NEA and the
NEH yield dividends that far outweigh the investment, but the majority
leadership has chosen to ignore all of this.
Mr. Chairman, this amendment is a very modest attempt to increase the
NEA budget by just $10 million, not even the $18 million suggested by
President Bush. It is an attempt to begin undoing the damage that this
Congress has done to these agencies in the last 10 years. I urge my
colleagues to support this extremely modest amendment, and I thank the
gentlewoman from New York (Ms. Slaughter) and the gentleman from
Connecticut (Mr. Shays) and the gentleman from Washington (Mr. Dicks)
for offering this amendment.
Mr. TOOMEY. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I would just rise in opposition to this amendment. I
want to preface that by making it very clear that those of us who
oppose this, most of us are big fans of the arts, big fans. I am a fan
of all kinds of arts, visual performance; and I fully recognize and I
think most Members, probably everybody in this House, recognizes the
vitally important role that the arts play as an expression of
understanding a perception, a point of view of who we are and what
humanity is about, the unique insights into the human experience that
only the arts can provide; and I do not think any of us dispute the
vitally important role that the arts play.
I think the big question is who should pay for it. I think that is
what we really are going to be debating here, and the question
specifically becomes should it be paid for by taxpayers who are forced
to pay for it through government taking their money from them and
spending it on the arts or should it be paid for by the people who
benefit most directly from it, people who enjoy the arts, people who
are supporters themselves of the arts. In fact, the vast majority of
the arts in America of all kinds, as we all know, the vast overwhelming
majority are, in fact, paid for and supported by the people who most
directly benefit from it and by philanthropists, by wealthy individuals
who have the means and the inclination to support these arts, and I
fully commend them for doing that.

{time} 1630

So the reason for my objection is no reservations about the arts per
se; it is about whether or not we ought to compel taxpayers to foot
this bill.
We are running over a $400 billion deficit this year. That is because
for many recent years, spending in this town has been out of control.
We are told, in some cases by many of the same people who support this
amendment, we are told that we cannot afford tax cuts. The tax cuts
that we have engaged in, which frankly have generated a tremendous
economic expansion which is underway, we are told we cannot afford
them. By that they really mean government cannot afford them. As a
matter of fact, we are told we cannot even afford to make the existing
tax law permanent. That would be a bad thing, according to many of the
Members who support this amendment. Instead we ought to have the tax
rates jump back up.
Well, I think if we cannot afford to try to reduce the burden on the
American taxpayer because the deficit is too large, then we cannot
afford to be funding this kind of amendment either. I know they will
say, wait a minute, this money is being transferred. It is from the
administration of other areas to this program. It is not net new money.
But if there is money that is not needed for the administration of
these other programs, and it is available to be taken from them and
added to funding for NEA and the National Endowment for the Humanities,
if that money is available, it should simply be cut from those budgets
so we can reduce the size of our budget deficit and get to the point
where hopefully some of my colleagues on this side will agree that we
can, in fact, and should, in fact, make the existing tax law permanent
and get on with further reducing the tax burden for the American
people.
For these reasons and despite my great appreciation for the arts
themselves, I would urge a ``no'' vote on this amendment.
Mr. QUINN. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise today in support of the Slaughter amendment, my
good friend and neighbor from Buffalo, New York, to increase funding
for the National Endowment for the Arts by $10 million and to increase
funding for the National Endowment for the Humanities by $3.5 million.
The NEA enhances our communities both culturally and economically.
Educational programs supported by the NEA introduce our next generation
to the possibilities of creativity, self-expression, and imagination.
Just last weekend in my district in Buffalo, New York, we held the
Allentown Arts Festival, a renowned art event where art vendors come to
display their goods and sell their works on the streets of Buffalo, and
I am proud to say tens of thousands of people from all across the
country attended.
The NEA has implemented a new program called Shakespeare in American
Communities, a major nationwide touring theater initiative that brings
Shakespeare to over 100 different communities throughout the country.
One

[[Page H4220]]

million school children will experience live theater in small and mid-
sized towns, underserved urban areas, and even some of our military
communities.
The NEA is providing a teachers' toolkit that is being distributed
free of charge to over 25,000 high school teachers. The kit includes a
video, a CD, contest materials, and fact sheets on Shakespeare and
Elizabethan theater.
As a former schoolteacher myself, I recognize that providing these
educational materials will provide a greater cultural learning
experience to all the Nation's children.
Another important program funded through the NEA is Operation
Homecoming, a writing workshop for returning soldiers to help them deal
with their feelings about war, death, hardship, and survival while
being overseas and away from their loved ones and their families. This
program will help establish a rich historical record by filling in the
blanks with personal accounts that the media sometimes lack.
The first Operation Homecoming workshop, as a matter of fact, took
place in my home State of New York, Fort Drum, home of the 10th
Mountain Division. Forty-five soldiers met with accomplished novelists
to learn firsthand about the hard work, dedication, and effort that is
required to write. They plan to use this instruction as a way to
capture events for themselves and also as a form of therapy to manage
their feelings in the most positive manner.
It is my hope that we will consider the Slaughter amendment as a way
to enhance our already cultural richness in this country by supporting
excellence in the arts, providing leadership in arts education, and
bringing the arts to all Americans. I yield back the balance of my time
as I ask our Members to support the Slaughter amendment.
Ms. LEE. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise today in strong support of this amendment, and I
want to applaud the gentlewoman from New York (Ms. Slaughter) and the
gentleman from Connecticut (Mr. Shays), co-chairs of the Arts Caucus,
and their staff for their leadership and for this very important work
of national importance.
Congress has the responsibility to provide adequate funding to the
National Endowment for the Humanities which is the largest single
funder of humanities programs in our country; and also the National
Endowment for the Arts, the infrastructure for private nonprofit and
Federal arts initiatives.
This support is especially important given the current state of the
economy which has stifled private funding used to subsidize many arts
and humanities programs nationwide. The economic downturn and our
budget crisis are crippling arts initiatives all over this country, and
especially in my home State of California. In my district, the 9th
Congressional District of California, there are a total of 2,180 arts-
related businesses that employ 10,268 of my constituents. That is a lot
of people: 10,268 individuals.
Many who are eager to restrict funding for NEA and NEH forget that
industries that receive grants for these institutions include museums,
performing and visual arts, film, radio, television, design, publishing
and educational facilities in all of our districts.
In Oakland, one of the cities in my district, most arts education
programs are facing extinction. The result is the gradual disappearance
of arts initiatives for people of all ages, ethnic background, social
and economic backgrounds. This debilitates the foundation of our
community. Few realize that nonprofit arts industry and the nonprofits
that run our arts industries generate approximately $89.4 billion in
household income nationally, and the economy, of course, reached its
lowest point since the Depression.
This amendment also provides funding for the NEA, which is an
investment in the economic growth of communities with grants reaching
every single congressional district in the country. During the last 14
years, the NEA has provided funding for over 123 programs in my
district alone, including the Berkeley Symphony Orchestra, the Axis
Dance Company, and the East Bay Institute for Urban Arts and the Museum
of Children's Arts.
Clearly, a vote against this amendment, which is endorsed by our
bipartisan Arts Caucus, is really an unfortunate action against the
vital thread which sustains the pulse of our country.
I urge all of my colleagues to support this very modest increase. It
should be much more than this. This is only a $10 million increase for
the NEA and $3.5 million increase for the NEH. It is the least we can
do to promote and preserve American culture and heritage.
Mr. Chairman, I thank the two co-chairs of the Arts Caucus.
Mr. FLAKE. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I did not expect to be here. I have no notes other than
what I just jotted down a second ago because I thought this year when
we are facing deficits of nearly $500 billion that nobody would dare
stand up and ask for an increase in funding for the NEA or the NEH.
I am surprised and, frankly, disappointed that we are doing that. How
can we, as Republicans, on this side in particular, as a party of
limited government, stand up and call to increase funding for the NEH
and the NEA at any time, but particularly this year.
If there is $13.5 million in overhead at the Department of the
Interior, and the argument is we are not increasing funding, we are
simply moving it from one side to the other, I would suggest, as my
colleague from Pennsylvania suggested, let us return that to the
taxpayers. Let us lower the deficit. But to simply take it over and
increase funding, which will simply lead to more increases and more
increases, as we have seen in previous years, is simply not the way we
ought to go.
It was noted earlier that this is only point zero, zero, zero
whatever of the Federal budget; we can afford that. Just point zero,
zero, zero whatever, we can afford that.
Well, if that is the case, if we look at arts funding, Federal
funding of the arts is only point zero, zero, zero whatever of what is
spent on the arts. The other happens to be spent by patrons of the
arts, myself and others who actually go and view it or listen to it, or
enjoy it in some other form.
Certainly the dire consequences that are spelled out on the other
side of the aisle for the arts if the Federal Government cuts back its
share or does not increase its share are not going to happen because
the arts are important. People realize that. It does not take the
Federal Government to tell people that.
I encourage my colleagues to understand that we are in a big deficit
situation, nearly $500 billion. We hear the other side of the aisle
talk about that a lot, but then propose to increase programs like this.
I would suggest that both our side of the aisle and theirs ought to get
serious about containing this deficit, and we ought to start by not
increasing funding for the arts at this time.
Mr. SHAYS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I envisioned when I was elected to Congress that we
would have really vigorous debates about a lot of issues, and this
issue is an issue we should have a debate about. We can agree or
disagree; but we should talk about it and understand in our own minds
how valuable we think the arts are to our society, to the well-being of
the culture that exists throughout our society, to the well-being of
our children and what it says about us as Americans.
For me, I want to be on the side of President Bush. I want to be on
the side of Mrs. Bush, both of whom believe this is an important
contribution to our society. Both the President and the First Lady
travel all around the country, and they understand, I think, better
than many of us who are focused in our own districts how important this
is for the well-being of our country.
The question of who should pay for it, is an easy question to answer.
The consuming public pays most for it, and then there are individuals
who have small resources and contribute, and some who have larger
amounts and contribute. We have wealthy people who give a lot to the
arts. And then I think businesses are inclined to want to contribute
because they know that the fabric of the life in their communities has
a lot to do with the well-being of their workers and makes their
businesses better places to be because

[[Page H4221]]

of the arts that exist there. A community without arts is like a desert
without rain.
Foundations help pay for the arts. And, yes, believe it or not, I
think taxpayers should. When I think of what we are asking the
taxpayers to do, when you add up the NEA and the NEH, and we add up
their budget of $256 million, we will vote like that on billions in
entitlements, no debate; and yet we debate for a fairly significant
amount of time how we spend a million dollars.
I think taxpayers should play a role, a minimal role, but play a
role. When I look at it, we are asking each taxpayer to pay, for the
entire--the NEA and NEH--budget, 91 cents. This amendment is asking
taxpayers to pay 4.5 cents more. The reason we ask taxpayers to do it
is because the cost can be spread across all of them, and then it is so
affordable for each and every one of us.
No one is going to pretend that the arts survive because of what we
do as taxpayers, because we are the smallest part. The consumers pay
the most. Individuals, businesses, and foundations contribute far more
than the government; but the government, I think, is saying we would
like to have a role here as well.
I salute the gentlewoman from New York (Ms. Slaughter), and I am
proud to be a co-chair of the Arts Caucus; but the gentlewoman is the
one who is calling the shots on this, and I thank her for all of her
work.
I may have a particular bias. My mom and dad met in the theater. I
grew up almost every night hearing my dad play the piano. I realize how
vital the arts are to our well-being as a society.

{time} 1645

I feel it is almost more important when we are involved in warfare
around the world that the other part of us, the part that deals with
beauty and grace, is also being heard. I do not want to just be a
person who supports the war on terror, supports the war in Iraq, which
I am. I also want a part of me and a part of my constituency to be
expressed in the love and appreciation for arts. I strongly ask my
colleagues to ask the American people to pay 4.5 cents more each so
that we can make the arts better, and I strongly ask them to support
President Bush and the First Lady. The First Lady rarely asks this
Chamber for anything. She has specifically said, please spend more on
the arts. I am glad to oblige her.
I would like to just conclude by saying that I think that this
Chairman has done his best with the limited resources he has and this
subcommittee, and I appreciate them for understanding why we have this
amendment and that the process is working the way it is intended. The
Subcommittee has brought out, I think, what they believe to be a very
good bill. We would like to make a slight change to it. I hope
ultimately the Chamber will agree.
Mr. TANCREDO. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I guess I am here to speak for the cultural iconoclasts
of the Congress and of the Nation who are concerned about the fact that
the gentleman from Connecticut who just spoke is correct in that he
says this is a statement, a statement that the government has a role to
play in the funding of the arts. This is the ultimate sort of decision
we must make here and we will, of course, after a certain period of
time as to exactly why it is the Federal Government's role to
participate in this.
It is not for me to suggest that any of the things that the National
Endowment for the Arts or Humanities does with the money is
inappropriate. I am sure that in 2003, the New York Foundation for the
Arts to support a fine-cut edit of Check Your Body At the Door, a video
documentary about popular, social and club dancers in New York City;
or, say, the Orange Show Foundation in Houston, Texas, to support
conservation and restoration of the Beer Can House, a work by self-
taught artist John Milkovisch. The Houston landmark, consisting of a
house and grounds decorated with methodically trimmed cans, will be
used as an artist-in-residence project space. I am sure that Lawyers
for the Creative Arts, which got $10,000 to support the expansion of
pro bono legal and arts mediation services, the project will provide
artists and arts organizations in northern Illinois, Indiana and
Wisconsin with access to free legal expertise. I am sure that all of
these things have some need, that there are certainly good reasons why
they should be supported, but earlier on the gentleman from Iowa stood
up here and said that we should respect the differences that people
have about the arts. We can argue all of us, any of us, about any of
these things I mentioned or any of the other things done and supported
by the National Endowment for the Arts are, quote, appropriate. But it
is relevant, of course, because we should stay neutral on the arts. The
only way to do that, I suggest to the gentleman from Iowa and to my
friends on the other side, is to, in fact, stay out of the business of
funding the National Endowment for the Arts.
I will have an amendment following this to reduce the funding for it,
and I will certainly hope to establish the priorities clearly in the
minds of the taxpayers of this country as to where this House stands,
whether we support a variety of other more relevant issues and more
relevant endeavors than the arts, but it is not the debate. The debate
is not over the arts in and of themselves, and it is absolutely true
that they would certainly exist. The $27 billion spent in 2001 on
nonprofit arts in this country certainly is the way in which arts
should be funded. And to suggest that $120 million from the Federal
Government in any way, shape or form improves the quality of life
frankly for anybody, even one person in this country, based upon what
it does to influence the arts, I think is essentially ludicrous. It has
no real impact. But it does take money from people and it says we will
put you in the position of making a decision and you cannot remain
neutral.
All of the reasons we have heard and hear every single year about why
the arts are good, in fact, wholesome and help the culture and develop
all kinds of wonderful experiences in our life and develop better
people, all those things are probably true. I do not argue with any of
them. I do not argue with the fact that religion does exactly the same
thing in the United States, provides people with the ability to go
beyond themselves and to experience great things and to become
innervated by the experience. That is all great. But, of course, it has
got nothing to do with us.
Why should the government fund any religious activity? But we would
do so. If we were to listen to the reasons why we should fund the arts,
we should certainly fund, quote, religion. We should establish a board,
give it $120 million, let it determine what is the proper religious
experience to provide money for, because it does all of the same things
for people that the arts do. But, of course, we do not do that. We do
not do it because we want to remain neutral.
So I suggest that in an attempt to become more neutral on this
particular issue, we should reduce the funding for the National
Endowment for the Arts and Humanities and hopefully eventually stop
doing it at all.
Mr. DAVIS of Illinois. Mr. Chairman, I move to strike the requisite
number of words.
Mr. Chairman, I rise in strong support of the Slaughter-Shays-Dicks-
Leach amendment to increase funding for the National Endowment for the
Arts and the National Endowment for the Humanities. It seems to me that
budgets reflect a lot of different things. They reflect priorities.
They reflect opportunities to eradicate and spend down deficits. They
reflect opportunities to go more deeply in debt. But they also reflect
hopes, aspirations and ways of life.
I represent a very diverse and pluralistic district. As a matter of
fact, I always say it is the most fantastic, fascinating district in
all of America. Downtown Chicago, the Gold Coast, Magnificent Mile, Old
Town, Greek Town, China Town, Ukrainian Village, Soulville. Lots of
different people with different ideas about things. The arts and the
humanities are a way of binding people from different communities
together just as they reflect opportunities to bind people from
different areas of the country and different walks of life.
Yes, I understand that there are deficits. I understand that the
economy is not what we would hope for it to be. I also understand the
need to invest in

[[Page H4222]]

fighting terrorism. We have a war to finance, a war that I had hoped we
would not have to have. But notwithstanding all of that, we also have
the opportunity to continue our commitment to life and to bind the
Nation more closely together. I cannot think of any better way to do
that than to provide these meager grants, I call it a minor investment,
for which we get tremendous returns.
And so again I commend the gentlewoman from New York, the gentleman
from Connecticut, the gentleman from Washington and the gentleman from
Iowa for offering this amendment which gives all of us an opportunity
to help make America become that Nation that it has the potential of
being and yet has not been. I urge passage of this amendment.
Mr. TAYLOR of North Carolina. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, year after year we try to massage our conscience for
the failure in education to address a lot of the problems of the arts
and humanities. We spend billions of dollars there and we never mention
this in the education budget or any of the related budgets, so we think
a few million dollars in the humanities or the arts will solve all the
problems. It will, as one gentlewoman said, or gentleman, where the
arts are disappearing from the community, it will solve that problem.
The bureaucracy that is funded here and the limited programs that are
funded here will not even begin to do that.
We find that there is a need to raise the cultural level in the
United States, both in the arts and the humanities. There is a need for
us to see that young people recognize the documents vital in our
Nation's history. I take tours through the Capitol with young people.
Most of the teachers and the young people have not a clue about the
paintings and the things that are going on in the Capitol. But it will
not be solved by increasing the amount of money for the arts and the
humanities.
Our committee has a tough job. We have to increase the funding,
natural funding for the forests and parks and various others, Indian
health, the environment. We were cut $257 million enacted and we kept
the NEA at last year's level and we increased NEH $3.5 million. There
is a demand now that we increase it $13.5 million more. Based on the
cuts that were in the overall bill, it was important to note that we
increased both NEA and NEH. In fiscal year 2002, we increased some $15
million to the NEH and the NEA $13 million in 2003. We have grown the
fund more than the rate of inflation, but it will not solve the
problems of the men and women who spoke here and the dream that they
are going to solve all these problems in the arts and the humanities.
But it can do this. The amendment reduces administrative funds. The
gentleman from Washington and I realize that we are short in that area,
anyway. We know that they are going to be called on for funds and we
know that that is going to be a problem. When we get to the conference,
we hope we can increase that.
It is not clear that the vehicle offset that the gentlewoman from New
York discussed will be sufficient. And so we risk the chance that the
amendment will impair the on-grounds operation of environment
protection, Indian programs, it could reduce the department's funding,
including hearings and appeals and support for Indian trust reform. The
committee is watchful certainly, the gentleman from Washington and I
both, in areas of administrative abuse in trying to rein in excessive
spending and travel in other areas and Members can count on our
oversight to try to look in any other areas. But moving the money
around as suggested could be very dangerous for the balance we have in
this bill.
I ask Members to join me in opposition to this amendment.

{time} 1700

Mr. DICKS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong support of the Slaughter-Dicks-Shays-
Leach amendment. In order to find this offset, we talked to the
Inspector General of the Interior Department. He made a recommendation
that this was an area that had been very wasteful and that this would
not hurt any of the programs there.
I want to say this is my 28th year on the Interior Appropriations
subcommittee, and I started on this subcommittee under the tutelage of
Sid Yates of Chicago, who was a tremendous supporter of the National
Endowment For the Arts and Humanities. And I had worked in the other
body and knew, of course, Senator Pell, who was the author of both the
National Endowment For the Arts and Humanities legislation. Over the
years I have followed how, with the increase in funding, even though we
took a major cut, that we have seen an explosion in the growth of art
institutions all over this country--more operas, more ballets, more
theatres, more performing arts. This funding from the National
Endowment for the Arts has been like the Good Housekeeping seal of
approval.
We have today two of the finest administrators in these parts, Bruce
Cole running the National Endowment for the Humanities, who I had a
chance to talk to yesterday; and Dana Gioia, who is running the
National Endowment for the Arts. These are real professionals. They are
running these departments very effectively, and so we have offset this
amendment completely. I think it is a choice of priorities, and I
believe that what is happening in the arts and humanities is so
important for the citizens of this country, and they appreciate it.
Every community in my district has benefited from the National
Endowment for the Arts and by the National Endowment for the
Humanities. We have the Pantages Theatre and the Broadway Theatre
District in Tacoma, the Admiral Theatre in Bremerton and Fort Worden up
at Port Townsend. Port Angeles has a summer arts festival. These things
are appreciated by the American people, and they are terribly important
for the education of our children.
And yet this year, even though President Bush and Mrs. Bush asked for
substantial increases in the arts and humanities, our committee
rejected that, completely. And, yes, we had a very bad allocation, but
I do believe that in these two areas, we had a good hearing. The
chairman of both endowments came up, testified before our committee;
and they were so excited about what they can do with this money for the
American people, especially on the humanities area, where we need to
have more education about civics and our history and give our kids a
better opportunity. And there are programs that are going out to all
the schools all over the country that are supported by this, and it is
a very fundamental part of our education.
So I am going to ask our Members, as we have done for the last 4
years, to vote for this. I want to compliment all those on the other
side of the aisle who spoke today. I know there is always tremendous
pressure to go along with the leadership; but in this case, we did not
get the job done in the subcommittee. This is a chance for the House to
correct this and show the American people again that we have gotten
beyond this ideological fight. We can support the endowments, because
they are doing good work. They have got good leadership, and they
deserve our support.
Mr. HOLT. Mr. Chairman, I strongly support this bipartisan amendment
that will provide much-needed funds to the National Endowment for the
Arts and the National Endowment for the Humanities.
This is a long overdue and a modest funding increase to build
programs that use the strength of the arts and our Nation's cultural
life to enhance communities in every State and every county around
America. Since 1965, the NEA has provided over 111,000 grants for
projects ranging from theater and film festivals, to poetry readings
and workshops, to radio and TV broadcasts, to museum exhibitions, to
city design and downtown renewal. NEA funds often help bring excellent
performances and exhibitions to small towns and rural areas throughout
the United States.
The NEH serves to advance the nation's scholarly and cultural life.
The additional funding contained in this amendment would enable NEH to
improve the quality of humanities education to America's school
children and college students, offer lifelong learning opportunities
through a range of public programs, and support new projects that
encourage Americans to discover their wonderful American heritage.
It is clear that increasing funding for the arts and humanities are
among the best investments that we as a society can make. They help our
children learn. They give the elderly

[[Page H4223]]

sustenance. They power economic development in many regions. They tie
our diverse society and country together.
Will the projects that would be sponsored by this increase in funding
help defend our country? Probably not, but they will make our country
more worth defending. I urge my colleagues to support this amendment.
Ms. JACKSON-LEE of Texas. Mr. Chairman, ``A Great Nation Deserves
Great Art'' is something that my colleagues have been echoing this week
as our FY 05 Interior Appropriations bill comes to the floor of the
House of Representatives for debate. The measure of a great nation is
not merely its wealth and power, but its civilization--most notably the
political, philosophical and artistic ideals it creates, promotes and
preserves. I am here today to help preserve the National Endowment for
the Arts (NEA) and the National Endowment of the Humanities (NEH).
The National Endowment for the Arts is dedicated to supporting
excellence in the arts, bringing the arts to Americans of all ages and
incomes, and providing leadership in arts education.
The Arts Endowment is the nation's largest annual fund of the arts,
bringing great art--both new and established--to all 50 states,
including rural communities, inner-city neighborhoods, schools, and
military bases. The Arts Endowment has played a transformative and
sustaining role in the development of regional theater, opera, dance,
orchestras, museums, and other arts that Americans now enjoy.
Distributing more than $100 million annually, the Arts Endowment
enhances our communities--not only culturally but economically. The
Arts Endowment's educational programs--such as Shakespeare in American
Communities--introduces a new generation of Americans to the
possibilities of imagination, creativity and self-expression.
According to a recent study, the nonprofit arts industry provides
4.85 million full-time equivalent jobs, $89.4 billion in household
income and $10.5 billion in federal income tax revenues.
The amendment also provides a modest increase for the National
Endowment for the Humanities (NEH), far short of the President's
request. The amendment provides $5 million for the NEH's ``We the
People'' initiative. This increase would provide a total of $14.8
million for ``We the People''--less than half of the President's $33
million request. It would raise NEH's overall budget to $143 million--
$19 million less than the President's request of $162 million for FY
2005.
Increased funds for ``We the People'' will enhance the teaching,
study and understanding of American history. The ``We the People''
initiative has already expanded seminars and institutes for teachers to
learn history content and bring their new knowledge and enthusiasm back
to the classroom. It has also expanded grants available for research,
scholarship, museum exhibits, documentary films, radio projects,
teaching programs, educational aids, and preservation efforts to
encourage and enhance public understanding of American history and
culture.
``We the People'' has generated deep, widespread, bipartisan support.
The ``We the People'' initiative has earned the support of the
President and Members of Congress from both sides of the aisle.
This project will benefit every state in the nation. In FY 2004, over
a third ($3.7 million out of $9.8 million) of all ``We the People''
funds went directly to the 56 state humanities councils to encourage
programs and grants on the local level to encourage the teaching, study
and understanding of American history.
Every state and territory of the U.S. has benefited from the ``We the
People'' initiative, including my state of Texas. I do not want to
return to Houston and let my constituents know that they have been let
down yet again. Please join me in supporting this amendment.
Mr. SCHIFF. Mr. Chairman, I rise in support of the amendment to the
Interior Appropriations bill submitted by Representatives Slaughter,
Shays, Dicks, and Leach, to increase funds for the National Endowment
for the Arts and the National Endowment for the Humanities.
As a member of the Congressional Arts Caucus, and former chair of the
California Legislature's Joint Committee on the Arts, I have had the
opportunity to see first hand the tremendous role that the arts play in
the education and development of our children. Several academic studies
have demonstrated the connection between music, dance, visual arts, and
the development of the human brain. It is a fact that arts education
cultivates critical thinking skills that are so important in this
information-age economy. Children who learn to read music or to play an
instrument show improved proficiency in mathematics and sciences.
Today, I am proud to support an increase of $10 million for the
National Endowment for the Arts and a $3.5 million increase in funds
for the National Endowment for the Humanities.
One of the initiatives under the NEA, American Masterpieces, produces
new collaborations of classic American operas, plays, ballets,
musicals, and choral works. These joint ventures allow local companies
to offer new productions of the highest quality at affordable costs.
This is just one of the many great initiatives provided by the NEA.
Additionally, I support an increase of $5 million for We the People,
an important initiative to strengthen understanding of our national
heritage. This innovative program benefits students, teachers, and
Americans of all ages.
Arts is not only about appreciation and enjoyment, it is also a
strong component of our economy. A recent study from Americans for the
Arts found that the nonprofit art industry alone generated $134 billion
in economic activity, including full time jobs, household income and
tax revenues. More than $80 billion of this is spent by audiences who
enthusiastically attend events in their local communities.
In my own district, there are more than 2,700 arts-related businesses
and more than 32,000 jobs in visual arts, design, performing arts, film
and television, and educational arts. I am proud to host an annual
Congressional Arts event in my district that allows high school
students to showcase their artistic talents to the community. I have
constantly been impressed with the artistic vision and creativity of
our young people. This vision and creativity should be fostered, not
discouraged.
By supporting the arts and humanities, the federal government has the
ability to act as a partner with state and local efforts to bolster the
quality of life as well as economic and educational opportunities in
our communities.
Ms. McCARTHY of Missouri. Mr. Chairman, I rise today in support of
the Slaughter-Shays-Dicks amendment to increase funding for the
National Endowment for the Arts (NEA) and National Endowment for the
Humanities (NEH). These endowment programs are vital to supporting the
creation, preservation and presentation of the arts and humanities in
America. In my district, NEA and NEH grants have brought partnership
projects such as the Coterie Theater and the Friends of Alvin Ailey's
AileyCamp that help provide collaborative artist and youth activities
which have enriched the local economy and educational experiences of
our children.
Studies have demonstrated that reading and math scores improve with
participation in arts education classes. Test results from the College
Board have shown that college bound students involved in the arts and
humanities have higher overall SAT scores than other students.
There is no jurisdiction for funding for the NEA at a level that is
30 percent below the 1994 level. Adopting the amendment before us would
increase funding by $10 million for the NEA and $3.5 million for the
NEH. I urge my colleagues to support this amendment which would keep up
with inflation. Investment in the arts and humanities has proven to be
an invaluable contribution to the American economy, or local
communities, and the education success of our children.
Mrs. LOWEY. Mr. Chairman, I rise in support of the Slaughter
amendment and strongly urge its adoption.
Our contributions to the arts and humanities are the standard by
which our history as a society will be measured. A strong public
commitment to the arts and humanities, along with a dedication to
freedom, are the hallmarks of great civilizations. History has shown
that religious and political freedom goes hand in hand with greater
artistic and literary activity, and that the societies that flourish
and have a lasting influence on humanity are those that encourage free
expression in all of its forms. This is a lesson that resonates with
people of every age, background, and belief, and one that working
together we can guarantee that our children learn.
By sharing ideas and images from a diverse range of backgrounds and
through many different media, the arts and humanities help to create a
more informed citizenry. We are better prepared to meet the
responsibilities of democracy; to ask ourselves the hard questions and
to judge fairly the actual and potential endeavors of our country.
Our support for the arts and humanities also has a profound impact on
our economy. In my Congressional District, the arts support over 10,000
jobs, and in Fiscal Year 2000, they contributed more than $92 million
in revenue to Westchester alone. Nationwide, the figures are even more
impressive. In 2002, the arts were a $134 billion industry sustaining
nearly 5 million jobs. While the federal government spends just over
$250 million on the NEA and NEH annually--approximately 40 cents per
person--it collects over $10 million in tax revenue related to the arts
industry. NEA and NEH dollars are crucial to the arts community,
helping them leverage more state, local, and private funds. Clearly,
the numbers show that investment in the arts is important not only to
our national identity, but also to our national economy,
Mr. Chairman, we must act decisively to commit ourselves to our
national heritage and culture, and vote to increase funding for the

[[Page H4224]]

NEA and NEH. I urge my colleagues to support creativity and reflection,
to support our economy, and to support the continued growth and
expression of democracy in its fullest form.
The CHAIRMAN pro tempore (Mr. Ose). The question is on the
amendments, as modified, offered by the gentlewoman from New York (Ms.
Slaughter).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. DICKS. Mr. Chairman, I demand a recorded vote, and pending that,
I make the point of order that a quorum is not present.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendments offered by the gentlewoman from New York
(Ms. Slaughter) will be postponed.
The point of no quorum is considered withdrawn.
Mr. MICA. Mr. Chairman, I move to strike the last word to engage in a
colloquy with the chairman of the Interior Appropriations Subcommittee,
if you would, the gentleman from Mississippi (Mr. Taylor).
First of all, I want to take just a moment to commend the gentleman
from Mississippi (Chairman Taylor) and the Committee on Appropriations
for their outstanding efforts in bringing this important measure to the
floor during these very difficult budgetary times.
As he may know, I have been working to improve and expand educational
resources and public accommodations at the Castillo de San Marcos in
St. Augustine, Florida. That is our national monument. This national
monument is not only a unique part of our national parks infrastructure
but it is also a national treasure. The National Park Service is
expected to complete a study this fall which includes plans to
construct a required facility there.
Mr. Chairman, it is my understanding that when this plan is completed
and this project is authorized by Congress, the Interior and Related
Agencies Subcommittee of the Committee on Appropriations would consider
funding this much-needed expansion and renovation project.
I would ask the gentleman from North Carolina whether this is his
understanding and intention as well.
Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
Mr. MICA. I yield to the gentleman from North Carolina.
Mr. TAYLOR of North Carolina. Mr. Chairman, I commend the gentleman.
The San Marcos National Monument in St. Augustine, Florida, is one of
the outstanding examples of parks for the east coast, and his effort is
commendable.
As the gentleman can appreciate, we cannot make commitments on future
appropriations, but we will certainly consider the gentleman's request
once the project is authorized.
Mr. MICA. I thank the chairman for his response.
Ms. MILLENDER-McDONALD. Mr. Chairman, I move to strike the last word.
I would like to engage in a colloquy with the chairman on the
Department of the Interior's renewable portfolio and specifically our
Nation's geothermal resources.
The vast majority of proven geothermal resources in the United States
are located on Federal lands. Efficient administration of permits to
prospect for geothermal energy on Federal lands is essential to
harnessing our geothermal resources. I am proposing that the Bureau of
Land Management conduct a report-assessing permit administration
associated with our geothermal resources and a strategic plan on how we
can best utilize our Nation's clean and efficient energy resources.
This report sets the stage to address a critically underdeveloped
energy segment of our national renewable energy portfolio. The problem
was cited in a January, 2004, Associated Press article which stated
that the Federal Government has a backlog of 230 lease applications to
prospect for geothermal energy. This article also stated that the
average age of an application to prospect geothermal sites is 9 years.
The urgency of this situation is already upon us. One has only to
look at the high cost of natural gas, which is the preferred energy
source for new electric generation plants. However, the Energy
Information Agency recently reported that the delivery price of natural
gas is at $6 per thousand cubic feet, and it is a four-fold increase
since 1995. This situation is robbing our economic recovery of
essential dollars to create jobs and increase our reliance on foreign-
owned energy resources.
I look forward to working with the chairman and the committee during
the conference in securing resources and focus on geothermal resource
issues. Specifically, I think we will gain an accurate understanding of
geothermal resource permit processing within the Federal Government and
what we need to do to improve that process. I believe that it is in the
best interest of the American people and this committee to expedite the
use of geothermal resources to meet our ever-growing electricity needs
and improve our air quality.
Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentlewoman
yield?
Ms. MILLENDER-McDONALD. I yield to the gentleman from North Carolina.
Mr. TAYLOR of North Carolina. Mr. Chairman, I thank the gentlewoman
from California for yielding to me and greatly appreciate her continued
leadership on this issue. I look to continue work with her during the
conference on this very important issue.
Mr. GILCHREST. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I would like to enter into a colloquy with the
gentleman from North Carolina (Mr. Taylor), chairman of the
subcommittee, in relationship to an invasive species issue in the State
of Maryland.
Invasive species all across this country have wreaked havoc on a
number of ecosystems from California to the Great Lakes to Florida to
numerous areas of the east coast. One of the specific invasive species
that we are dealing with in Maryland is called a nutria. It looks
exactly like a rat, only it gets to be about 30 pounds.
This was to a certain extent brought to the United States with the
blessings of Fish and Wildlife Service to add to the trapping economy
with possum, groundhogs, and a number of other species for their pelts
and for their meat. Nobody liked the pelt of the nutria. Nobody liked
the meat. And all of a sudden this particular species became invasive
and has destroyed tens of thousands of acres of wetlands across the
United States, nearly 10,000 acres of wetland just in the State of
Maryland. We have been very successful in eradicating nutria in a
specific wildlife refuge in the State of Maryland that covers about
28,000 acres, eliminated the nutria there, with the Federal, the State
government, the local governments, and the private sector. We need to
do it on about 80,000 more acres in the State of Maryland to completely
eradicate the nutria in this part of the country, which will set up a
type of trapping system that can be used in other parts of the country.
In this Interior appropriations bill, however, there is no money. It
has been zeroed out. We have spent about $6 million over the last 6 or
7 years. And I would like to ask the chairman if at some point we could
work on bringing some dollars to keep this program, very successful
program, continuing.
Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
Mr. GILCHREST. I yield to the gentleman from North Carolina.
Mr. TAYLOR of North Carolina. Mr. Chairman, I assure the gentleman
that the subcommittee continues to support this very important effort.
Allocation constrained us from increasing funding for the program in
our fiscal year 2005 recommendations, but we have included a general
increase of $2 million for invasive species research, and I think that
this program may qualify for some of those funds.
Mr. GILCHREST. Mr. Chairman, I thank the gentleman very much. This is
a fine example of a great, successful program; and we will work with
the chairman of the committee.
Ms. NORTON. Mr. Chairman, I rise to strike the last word.
Mr. Chairman, I would hope that an amendment for the study of the
crime and accident rate in the most-used national parks would be made
in order and regret that it is not made in order. The issue is so
important, I would like to discuss it on the floor at this time.
There have been troublesome reports of increases in crime and vehicle
accidents in the national parks. It first surfaced perhaps in a major
way here

[[Page H4225]]

in the District of Columbia when former Police Chief Teresa Chambers
complained that she could no longer adequately cover the park territory
entrusted to her. She said that there had been redeployment of her
troops to cover monuments and other important places after 9/11.
But then I began to note complaints of a rise in crime and
homelessness in parks here and around the Nation as well. The crush of
crowds we now understand all the parks are experiencing during this
season makes this claim much more credible.
I want to be clear that I take no position on whether there has been
an increase in crime or accidents. I really do not know. This was only
a request for a study so that we could begin to find out. The study
would go to the appropriate committees; and they could decide what, if
anything, to do with it. It would have looked at the heavily used units
of the national parks from 1998 for about 6 years to give us a critical
mass of years to look at crime and to look at accidents on nearby
roadways.
I noted that right after 9/11, there was a bump up in the number of
park police just as there was a bump up in police everywhere; but park
police stabilized while, for example, Capitol Police continued to soar.
And I do not want to make any invidious comparisons here. We need all
the help we can get on the Hill. But I cannot help but be moved by the
fact that if we are going to have millions upon millions of people
visiting our parks, they are protected not only against accidents and
against crime but they are protected by the patrols in the parks
against terrorism as well.

{time} 1715

I know about complaints in my own parks, for example on Rock Creek
Parkway, about Park Police cruisers not being available, but that is
anecdotal. I wanted a study to see if these were in fact complaints we
should take seriously, and particularly now it is clear to me this has
become a national concern.
We should not be deploying personnel, we should not be in fact
authorizing and appropriating money for personnel, without knowing more
about needs, especially when those needs are changing, as they are in
the Nation's parks.
My own district happens to have many of the Nation's most important
parks, from the Mall to the beautiful Rock Creek Park itself, but there
are parts of the country which are far less densely populated than the
national capital park regional area, but have far more heavily used
parks.
It is time we found out how to better deploy the Park Police. I
regret that we will not be able to do this study through this
appropriation. I hope that the Park Service on its own will see the
importance of doing a study with the resources it has before it.
Mr. TAYLOR of North Carolina. Mr. Chairman, I ask unanimous consent
that the remainder of title I be considered as read, printed in the
Record and open to amendment at any point.
The CHAIRMAN pro tempore (Mr. Ose). Is there objection to the request
of the gentleman from North Carolina?
There was no objection.
The text of the remainder of title I is as follows:

Payments in Lieu of Taxes

For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $226,000,000, of
which not to exceed $400,000 shall be available for
administrative expenses: Provided, That no payment shall be
made to otherwise eligible units of local government if the
computed amount of the payment is less than $100.

Office of the Solicitor

Salaries and Expenses

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

Office of Inspector General

Salaries and Expenses

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

Office of Special Trustee for American Indians

Federal Trust Programs

For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $196,267,000, to remain available until expended:
Provided, That of the amounts available under this heading
not to exceed $58,000,000 shall be available for records
collection and indexing, imaging and coding, accounting for
per capita and judgment accounts, accounting for tribal
accounts, reviewing and distributing funds from special
deposit accounts, and program management of the Office of
Historical Trust Accounting, including litigation support:
Provided further, That funds for trust management
improvements and litigation support may, as needed, be
transferred to or merged with the Bureau of Indian Affairs,
``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the
Departmental Management, ``Salaries and Expenses'' account:
Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated
during fiscal year 2005, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the statute of limitations shall not commence to run on
any claim, including any claim in litigation pending on the
date of the enactment of this Act, concerning losses to or
mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine whether
there has been a loss: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be
required to provide a quarterly statement of performance for
any Indian trust account that has not had activity for at
least 18 months and has a balance of $1.00 or less: Provided
further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and
shall permit the balance in each such account to be withdrawn
upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for
the Secretary to make payments to correct administrative
errors of either disbursements from or deposits to Individual
Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for
this purpose.

Indian Land Consolidation

For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $42,000,000, to remain available until expended:
Provided, That funds provided under this heading may be
expended pursuant to the authorities contained in the
provisos under the heading ``Office of Special Trustee for
American Indians, Indian Land Consolidation'' of the Interior
and Related Agencies Appropriations Act, 2001 (Public Law
106-291).

Natural Resources Damage Assessment and Restoration

Natural Resource Damage Assessment Fund

To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et
seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et
seq.), $5,818,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft:
Provided further, That no programs funded with appropriated
funds in the ``Departmental Management'', ``Office of the
Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund: Provided further,
That the annual budget justification for Departmental
Management shall describe estimated Working Capital Fund
charges to bureaus and offices, including the methodology on
which charges are based: Provided further, That departures
from the Working Capital Fund estimates contained in the
Departmental Management budget justification shall be
presented to the Committees on Appropriations for approval:
Provided further, That the Secretary shall provide a semi-
annual report to the Committees on Appropriations on
reimbursable support agreements between the Office of the
Secretary and the National Business Center and the bureaus
and offices of the Department, including the amounts billed
pursuant to such agreements.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds

[[Page H4226]]

used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to H. Res.
649 and section 402 of S. Con. Res. 95, the concurrent
resolution on the budget for fiscal year 2005, and must be
replenished by a supplemental appropriation which must be
requested as promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire operations''
shall be exhausted within 30 days: Provided further, That all
funds used pursuant to this section are hereby designated by
Congress to be ``emergency requirements'' pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable
to the House of Representatives by H. Res. 649 (108th
Congress), the concurrent resolution on the budget for fiscal
year 2005, and must be replenished by a supplemental
appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
Sec. 103. Appropriations made to the Department of the
Interior shall hereafter be available for operation of
warehouses, garages, shops, and similar facilities, wherever
consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for
services rendered to any other activity in the same manner as
authorized by sections 1535 and 1536 of title 31, United
States Code: Provided, That reimbursements for costs and
supplies, materials, equipment, and for services rendered may
be credited to the appropriation current at the time such
reimbursements are received.
Sec. 104. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall hereafter be
available for uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made to the Department of
the Interior shall hereafter be available for obligation in
connection with contracts issued for services or rentals for
periods not in excess of 12 months beginning at any time
during the fiscal year.
Sec. 107. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June
12, 1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and
the eastern Gulf of Mexico south of 26 degrees north latitude
and east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer
Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
2002.
Sec. 109. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 110. Notwithstanding any other provisions of law, the
National Park Service shall not develop or implement a
reduced entrance fee program to accommodate non-local travel
through a unit. The Secretary may provide for and regulate
local non-recreational passage through units of the National
Park System, allowing each unit to develop guidelines and
permits for such activity appropriate to that unit.
Sec. 111. Advance payments made to the Department of the
Interior to Indian tribes, tribal organizations, and tribal
consortia pursuant to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) or the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.) may hereafter be invested by the Indian tribe, tribal
organization, or consortium before such funds are expended
for the purposes of the grant, compact, or annual funding
agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by
the United States, or mutual (or other) funds registered with
the Securities and Exchange Commission and which only invest
in obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
Sec. 112. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings
shall be available for expenditure or transfer for Indian
trust management and reform activities, except that total
funding for historical accounting activities shall not exceed
amounts specifically designated in this Act for such purpose.
Sec. 113. Notwithstanding any other provision of law, for
the purpose of reducing the backlog of Indian probate cases
in the Department of the Interior, the hearing requirements
of chapter 10 of title 25, United States Code, are deemed
satisfied by a proceeding conducted by an Indian probate
judge, appointed by the Secretary without regard to the
provisions of title 5, United States Code, governing the
appointments in the competitive service, for such period of
time as the Secretary determines necessary: Provided, That
the basic pay of an Indian probate judge so appointed may be
fixed by the Secretary without regard to the provisions of
chapter 51, and subchapter III of chapter 53 of title 5,
United States Code, governing the classification and pay of
General Schedule employees, except that no such Indian
probate judge may be paid at a level which exceeds the
maximum rate payable for the highest grade of the General
Schedule, including locality pay.
Sec. 114. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2005. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
Sec. 115. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2005 shall
be allocated among the schools proportionate to the unmet
need of the schools as determined by the Postsecondary
Funding Formula adopted by the Office of Indian Education
Programs.
Sec. 116. (a) The Secretary of the Interior shall take such
action as may be necessary to ensure that the lands
comprising the Huron Cemetery in Kansas City, Kansas (as
described in section 123 of Public Law 106-291) are used only
in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only: (1)
for religious and cultural uses that are compatible with the
use of the lands as a cemetery; and (2) as a burial ground.
Sec. 117. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
Sec. 118. Notwithstanding other provisions of law, the
National Park Service hereafter may authorize, through
cooperative agreement, the Golden Gate National Parks
Association to provide fee-based education, interpretive and
visitor service functions within the Crissy Field and Fort
Point areas of the Presidio.
Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received
by the Bureau of Land Management for the sale of seeds or
seedlings,

[[Page H4227]]

may hereafter be credited to the appropriation from which
funds were expended to acquire or grow the seeds or seedlings
and are available without fiscal year limitation.
Sec. 120. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon
and Hart National Wildlife Refuges for the purpose of
capturing and transporting horses and burros. The provisions
of subsection (a) of the Act of September 8, 1959 (18 U.S.C.
47(a)) shall not be applicable to such use. Such use shall be
in accordance with humane procedures prescribed by the
Secretary.
Sec. 121. Funds provided in this Act for Federal land
acquisition by the National Park Service for Shenandoah
Valley Battlefields National Historic District, New Jersey
Pinelands Preserve, and Ice Age National Scenic Trail may be
used for a grant to a State, a local government, or any other
governmental land management entity for the acquisition of
lands without regard to any restriction on the use of Federal
land acquisition funds provided through the Land and Water
Conservation Fund Act of 1965 as amended.
Sec. 122. None of the funds made available by this Act may
be obligated or expended by the National Park Service to
enter into or implement a concession contract which permits
or requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 123. None of the funds made available in this Act may
be used: (1) to demolish the bridge between Jersey City, New
Jersey, and Ellis Island; or (2) to prevent pedestrian use of
such bridge, when such pedestrian use is consistent with
generally accepted safety standards.
Sec. 124. None of the funds made available in this or any
other Act for any fiscal year may be used to designate, or to
post any sign designating, any portion of Canaveral National
Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if
such designation would be contrary to county ordinance.
Sec. 125. None of the funds in this or any other Act can be
used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United
States District Court for the District of Columbia in the
Cobell v. Norton litigation at an annual rate that exceeds
200 percent of the highest Senior Executive Service rate of
pay for the Washington-Baltimore locality pay area.
Sec. 126. The Secretary of the Interior may use
discretionary funds to pay private attorneys fees and costs
for employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Norton to the extent that such fees and costs are not paid by
the Department of Justice or by private insurance. In no case
shall the Secretary make payments under this section that
would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the
District of Columbia for counsel in Cobell v. Norton.
Sec. 127. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from Federally operated or
Federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
Sec. 128. Such sums as may be necessary from ``Departmental
Management, Salaries and Expenses'', shall be transferred to
``United States Fish and Wildlife Service, Resource
Management'' for operational needs at the Midway Atoll
National Wildlife Refuge airport.
Sec. 129. (a) In General.--Nothing in section 134 of the
Department of the Interior and Related Agencies
Appropriations Act, 2002 (115 Stat. 443) affects the decision
of the United States Court of Appeals for the 10th Circuit in
Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
(b) Use of Certain Indian Land.--Nothing in this section
permits the conduct of gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) on land described in
section 123 of the Department of the Interior and Related
Agencies Appropriations Act, 2001 (114 Stat. 944), or land
that is contiguous to that land, regardless of whether the
land or contiguous land has been taken into trust by the
Secretary of the Interior.
Sec. 130. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study
or implement any plan to drain Lake Powell or to reduce the
water level of the lake below the range of water levels
required for the operation of the Glen Canyon Dam.
Sec. 131. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act
(25 U.S.C. 2717(a)), the total amount of all fees imposed by
the National Indian Gaming Commission for fiscal year 2006
shall not exceed $12,000,000.
Sec. 132. Notwithstanding any implementation of the
Department of the Interior's trust reorganization plan within
fiscal years 2004 or 2005, funds appropriated for fiscal year
2005 shall be available to the tribes within the California
Tribal Trust Reform Consortium and to the Salt River Pima
Maricopa Indian Community, the Confederated Salish-Kootenai
Tribes of the Flathead Reservation and the Chippewa Cree
Tribe of the Rocky Boys Reservation on the same basis as
funds were distributed in fiscal year 2004. This
Demonstration Project shall operate separate and apart from
the Department of the Interior's trust reform reorganization,
and the Department shall not impose its trust management
infrastructure upon or alter the existing trust resource
management systems of the above referenced tribes having a
self-governance compact and operating in accordance with the
Tribal Self-Governance Program set forth in 25 U.S.C.
Sections 458aa-458hh: Provided, That the California Trust
Reform Consortium and any other participating tribe agree to
carry out their responsibilites under the same fiduciary
standards as those to which the Secretary of the Interior is
held: Provided further, That they demonstrate, and continue
to demonstrate, to the satisfaction of the Secretary that
they have the capability to do so.
Sec. 133. None of the funds appropriated or otherwise made
available by this or any other Act, hereafter enacted, may be
used to permit the use of the National Mall for a special
event, unless the permit expressly prohibits the erection,
placement, or use of structures and signs bearing commercial
advertising. The Secretary may allow for recognition of
sponsors of special events: Provided, That the size and form
of the recognition shall be consistent with the special
nature and sanctity of the Mall and any lettering or design
identifying the sponsor shall be no larger than one-third the
size of the lettering or design identifying the special
event. In approving special events, the Secretary shall
ensure, to the maximum extent practicable, that public use
of, and access to the Mall is not restricted. For purposes of
this section, the term ``special event'' shall have the
meaning given to it by section 7.96(g)(1)(ii) of title 36,
Code of Federal Regulations.

The CHAIRMAN pro tempore. Are there any points of order against
provisions within that portion of the bill?
Are there any amendments to that portion of the bill?
If not, the Clerk will read.
The Clerk read as follows:

TITLE II--RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

forest and rangeland research

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

state and private forestry

For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry,
and education and land conservation activities and conducting
an international program as authorized, $282,446,000, to
remain available until expended, as authorized by law of
which $43,119,000 is to be derived from the Land and Water
Conservation Fund: Provided, That none of the funds provided
under this heading for the acquisition of lands or interests
in lands shall be available until the Forest Service notifies
the House Committee on Appropriations and the Senate
Committee on Appropriations, in writing, of specific
contractual and grant details including the non-Federal cost
share.

national forest system

For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,399,599,000, to
remain available until expended, which shall include 50
percent of all moneys received during prior fiscal years as
fees collected under the Land and Water Conservation Fund Act
of 1965, as amended, in accordance with section 4 of the Act
(16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
under this heading available at the start of fiscal year 2005
shall be displayed by budget line item in the fiscal year
2006 budget justification: Provided further, That, through
fiscal year 2009, the Secretary may authorize the expenditure
or transfer of such sums as necessary to the Department of
the Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.

Amendment No. 5 Offered by Mr. Tancredo

Mr. TANCREDO. Mr. Chairman, I offer an amendment.
The Chairman pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 5 offered by Mr. Tancredo:
In title II, in the item relating to ``NATIONAL FOREST
SYSTEM'', insert after the first dollar amount the following
``(increased by $23,000,000)''.
In title II, in the item relating to ``NATIONAL ENDOWMENT
FOR THE ARTS--GRANTS AND ADMINISTRATION'', insert

[[Page H4228]]

after the first dollar amount the following: (``reduced by
$60,000,000)''.

Mr. TANCREDO. Mr. Chairman, we have had a robust debate on the issue
of funding for the National Endowment for the Arts and Humanities, and
I do not intend to revisit that particular part of this debate. I am,
however, going to suggest that we should reduce the budget for the
National Endowment by $60 million and redirect the money to the budget
for the U.S. Forest Service for law enforcement services.
Thankfully, the committee rejected calls by the administration to
increase financing for the National Endowment for the Arts by as much
as $20 million this year, but spending $120 million and change for
taxpayers' funded arts still makes no sense.
Many people on both sides of the aisle have long recognized the need
for additional law enforcement personnel on our public lands. The
sprawling Coronado National Forest in southern Arizona, for example,
which shares a border with Mexico, has fewer than a dozen law
enforcement personnel, this despite the fact that it has become a
hotbed for drug and immigrant smuggling and a welcome mat for would-be
terrorists attempting to enter the United States from Mexico through
sparsely patrolled wildlands.
Similar problems are faced by other public land agencies, including
the National Park Service. A young park ranger in Organ Pipe Cactus
National Monument was murdered by Mexican drug smugglers in 2002. The
public land agencies have less than 200 law enforcement officers
combined to patrol almost 6,000 miles of public lands adjacent to the
border.
These challenges are not unique to the Coronado, or to public lands
on the border. National forests across the country face a shortage of
law enforcement personnel as well. This hampers the ability of the
agencies to combat everything from irresponsible recreation to
marijuana cultivation on public lands. It also inhibits the ability of
the agencies to maintain a safe and enjoyable environment for visitors.
Enhancing the ability of the Forest Service to help maintain a safe
environment for visitors and to enhance homeland security on public
lands would seem to be a far more important priority to fund than
spending more than $100 million on federally subsidized art.
There was a discussion, as I say, during the last amendment that we
are in the process here of trying to establish priorities for the
budget of the United States, and certainly it seems to me to be
appropriate for us to make a decision as to whether or not we would
rather have a more vigorous enforcement of law in our national parks,
which, by every calculation, by every agency that has looked at this
issue, says we are in dire shape because of massive influences, the
massive number of people coming through the area, coming through
illegally and for a variety of purposes, some, of course, just coming
for jobs, others coming with the transportation of illegal narcotics.
It is a very dangerous place, a place I have along the southern and
northern border both visited many times. In each case I am confronted
by folks down there, the Border Patrol, the Park Service, everybody who
is involved with any sort of enforcement activity, law enforcement
activity, who say they are in desperate need of help, that they are
overwhelmed.
As I say, 200 people are committed to trying to protect a border
literally thousands of miles long. It does not make sense. It only
makes sense that in this bill, in a bill that is for the Interior, a
bill that is supposed to reflect our priorities for Interior and
management of our public lands, it only makes sense that we would
reorient the budget and reprioritize it to provide more for the
protection of our public lands and less for nationally subsidized art.
Mr. DICKS. Mr. Chairman, I rise in opposition to the gentleman's
amendment.
Mr. Chairman, obviously a $60 million cut in the National Endowment
for the Arts would be a disaster. I certainly understand the
gentleman's concern about law enforcement and other issues in the
budget, and we will be glad to work with him on those issues, but not
to take $60 million out. A similar amendment was rejected by a vote of
112 to 313 last year.
Mr. Chairman, I would urge my colleagues in the House to again
soundly defeat the Tancredo amendment. This amendment would have a
devastating consequence on the Endowment for the Arts, and I think the
endowments, as I said previously, are doing a tremendous job for our
country and deserve to be supported. So I urge a no vote on the
Tancredo amendment.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from Colorado (Mr. Tancredo).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. TANCREDO. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Colorado
(Mr. Tancredo) will be postponed.
The CHAIRMAN pro tempore. The Clerk will read.
The Clerk read as follows:

wildland fire management

For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuels reduction on
or adjacent to such lands, and for emergency rehabilitation
of burned-over National Forest System lands and water,
$1,734,865,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That such funds shall be
available to reimburse State and other cooperating entities
for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by
the Forest Service for non-fire emergencies are fully repaid
by the responsible emergency management agency: Provided
further, That not less than 50 percent of any unobligated
balances remaining (exclusive of amounts for hazardous fuels
reduction) at the end of fiscal year 2004 shall be
transferred, as repayment for past advances that have not
been repaid, to the fund established pursuant to section 3 of
Public Law 71-319 (16 U.S.C. 576 et seq.): Provided further,
That notwithstanding any other provision of law, $8,000,000
of funds appropriated under this appropriation shall be used
for Fire Science Research in support of the Joint Fire
Science Program: Provided further, That all authorities for
the use of funds, including the use of contracts, grants, and
cooperative agreements, available to execute the Forest and
Rangeland Research appropriation, are also available in the
utilization of these funds for Fire Science Research:
Provided further, That funds provided shall be available for
emergency rehabilitation and restoration, hazardous fuels
reduction activities in the urban-wildland interface, support
to Federal emergency response, and wildfire suppression
activities of the Forest Service: Provided further, That of
the funds provided, $266,238,000 is for hazardous fuels
reduction activities, $13,000,000 is for rehabilitation and
restoration, $23,000,000 is for research activities and to
make competitive research grants pursuant to the Forest and
Rangeland Renewable Resources Research Act, as amended (16
U.S.C. 1641 et seq.), $40,000,000 is for State fire
assistance, $8,000,000 is for volunteer fire assistance,
$15,000,000 is for forest health activities on Federal lands
and $10,000,000 is for forest health activities on State and
private lands: Provided further, That amounts in this
paragraph may be transferred to the ``State and Private
Forestry'', ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund State fire assistance,
volunteer fire assistance, forest health management, forest
and rangeland research, vegetation and watershed management,
heritage site rehabilitation, and wildlife and fish habitat
management and restoration: Provided further, That transfers
of any amounts in excess of those authorized in this
paragraph, shall require approval of the House and Senate
Committees on Appropriations in compliance with reprogramming
procedures contained in House Report 108-330: Provided
further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal
entity may be shared, as mutually agreed on by the affected
parties: Provided further, That in addition to funds provided
for State Fire Assistance programs, and subject to all
authorities available to the Forest Service under the State
and Private Forestry Appropriations, up to $15,000,000 may be
used on adjacent non-Federal lands for the purpose of
protecting communities when hazard reduction activities are
planned on national forest lands that have the potential to
place such communities at risk: Provided further, That
included in funding for hazardous fuel reduction is
$5,000,000 for implementing the Community Forest Restoration
Act, Public Law 106-393, title VI, and any portion of such
funds shall be available for use on non-Federal lands in
accordance with authorities available to the Forest Service
under the State and Private Forestry Appropriation: Provided
further, That in using the funds provided in this Act

[[Page H4229]]

for hazardous fuels reduction activities, the Secretary of
Agriculture may conduct fuel reduction treatments on Federal
lands using all contracting and hiring authorities available
to the Secretary applicable to hazardous fuel reduction
activities under the wildland fire management accounts:
Provided further, That notwithstanding Federal Government
procurement and contracting laws, the Secretaries may conduct
fuel reduction treatments, rehabilitation and restoration,
and other activities authorized under this heading on and
adjacent to Federal lands using grants and cooperative
agreements: Provided further, That notwithstanding Federal
Government procurement and contracting laws, in order to
provide employment and training opportunities to people in
rural communities, the Secretaries may award contracts,
including contracts for monitoring activities, to local
private, non-profit, or cooperative entities; Youth
Conservation Corps crews or related partnerships, with State,
local and non-profit youth groups; small or micro-businesses;
or other entities that will hire or train a significant
percentage of local people to complete such contracts:
Provided further, That the authorities described above
relating to contracts, grants, and cooperative agreements are
available until all funds provided in this title for
hazardous fuels reduction activities in the urban wildland
interface are obligated: Provided further, That the Secretary
of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland
fire management, in an aggregate amount not to exceed
$12,000,000, between the Departments when such transfers
would facilitate and expedite jointly funded wildland fire
management programs and projects.

Amendment Offered by Ms. Hooley of Oregon

Ms. HOOLEY of Oregon. Mr. Chairman, I offer an amendment.
The Clerk read as follows:

Amendment offered by Ms. Hooley of Oregon:
Page 68, line 5, insert after the dollar amount the
following: ``(increased by $6,000,000)''.
Page 69, line 10, insert after the dollar amount the
following: ``(increased by $6,000,000)''.
Page 85, line 3, insert after the dollar amount the
following: ``(reduced by $6,000,000)''.

Ms. HOOLEY of Oregon. Mr. Chairman, first of all, I want to thank the
entire committee for their commitment to fight forest fires. We all
know it is going to be a very bad forest fire year, and we know the
time has come to prevent forest fires as well as put them out.
Over the years, highly flammable underbrush has built up in our
forests and previously logged but unthinned areas have become dense,
overstocked plantations of small, fire-prone trees. These conditions
have made it impossible to allow low-intensity natural fires to burn
within their historic range, and catastrophic fires have become more
and more common.
To help address this problem, we in Congress passed and the President
signed H.R. 1904, the Healthy Forest Restoration Act. This law will
streamline future field reduction and thinning projects, and I was
pleased to vote for it.
With the promise of $760 million in funding, the new law would
provide thousands of jobs across the West, it would provide Federal
land managers with the necessary tools to thin our forests of hazardous
fuels and, most importantly, reduce the size and severity of wildfires.
But the President and Congress must provide the money to get projects
done on the ground.
The most important provision in this bipartisan bill we passed last
year was a 5-year multimillion dollar commitment of Federal resources.
Providing substantial funding for fuel reduction projects is essential
in completing problem projects, putting people back to work and
stopping forest fires.
Politicians and bureaucrats have been fighting over fuel reduction
legislation for far too long. Last year, we were finally able to
produce a bipartisan bill that sought to address this problem. However,
we must also provide the money needed to get the job done. This bill
does not do so, providing far less than the $760 million we determined
was necessary.
The amendment to help rectify this problem is very simple: It
provides $6 million for hazardous fuels reduction, which would allow
tens of thousands of additional acres to be treated. The offset for
this amendment is from the Industries of the Future Program, the
Chemical Industry section. All my amendment would do is reduce this
program to the level requested by the President.
Mr. Chairman, I urge Members to support my amendment.
Mr. TAYLOR of North Carolina. Mr. Chairman, I reluctantly rise in
opposition to this amendment.
Mr. Chairman, I share the gentlewoman's concern for forests, as our
entire committee did. We restored much of the money in the healthy
forest initiative. It has $500 million for fighting fire in 2004 and
$500 million for fighting fires in 2005, and we hope we can get through
conference so we can get that 2004 money as quickly as possible for
this year.
We also have a $58 million increase for hazardous fuel reduction.
This is a large increase, and we think it will be ample, especially
given the tight situation we have this year, the tight allocation.
On the other hand, we are 7 percent below in our energy programs, and
we have restored a number of those above what the administration wanted
at the time, and we hope we can restore more and maybe during the
conference.
I would oppose this, not because I am against the gentlewoman's
enthusiasm for preventing fires, but we have adequate money, I think,
for this coming year to give that prevention, as well as fighting fires
in this tight budget year.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentlewoman from Oregon (Ms. Hooley).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Ms. HOOLEY of Oregon. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Oregon
(Ms. Hooley) will be postponed.
Mr. STENHOLM. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I planned to offer an amendment today that would
prevent the U.S. Fish and Wildlife Service from spending appropriated
funding to add species to the endangered or threatened species list
until the Fish and Wildlife Service moves forward with efforts to
complete a population viability assessment on the Concho water snake.

{time} 1730

Five years ago, I came to this body during the very same debate we
are having today. At that time I worked with chairman of the
Subcommittee on Interior and Related Agencies, the gentleman from Ohio
(Mr. Regula), and the ranking member, the gentleman from Washington
(Mr. Dicks), to provide the U.S. Fish and Wildlife Service with
$300,000 to study the feasibility of removing the Concho water snake
from the threatened species list. To this day, the Fish and Wildlife
Service has not issued a final decision. There has been no
accountability as to how the service has used the funding that was
provided to them.
In June 1986, the U.S. Fish and Wildlife Service listed the Concho
water snake as a threatened species. Since that time, the Colorado
River Municipal Water District in Big Spring, Texas, has spent over $4
million studying the snake and documenting its viability along the
Colorado River in West Texas.
In June 1998, after documenting a species population and distribution
much larger than previous Fish and Wildlife estimates, the water
district submitted a petition to delist the snake. In addition, the
water district has documented that the construction of Lake Ivie, which
the Fish and Wildlife Service argued would threaten the snake, has
actually benefited the species by stabilizing stream flow and its
habitat.
According to the statute, the U.S. Fish and Wildlife Service was
supposed to provide a preliminary finding within 90 days of a petition
to delist and a final decision within 12 months.
It took almost 14 months for the Fish and Wildlife Service to submit
their 90-day petition finding, and they still have not issued a final
decision on the issue. Although they claim that they were trying to
finish a population viability study, the Fish and Wildlife Service is
not moving on the issue.
West Texas as suffered from drought over the last several years,
which has certainly affected the stream flows along the Colorado River.
Still, the Concho water snake continues to thrive and reproduce in the
area. But there are statutory requirements for the Colorado River
Municipal Water

[[Page H4230]]

District to release certain amounts of water from the lakes it
controls. Oftentimes, water releases from the lakes are more than the
stream flows into them. How can we sustain this? Currently, Lake Spence
on the Upper Colorado River is at less than 10 percent of capacity. I
simply ask that common sense prevail and that the Fish and Wildlife
Service move forward with issuing the final decision regarding the
status of the Concho water snake on the threatened species list.
Mr. Chairman, if the chairman and ranking member would engage, I
would be very happy not to offer this amendment at the appropriate time
if I could have the assurances of the chairman and the ranking member
that they will work with me and the Fish and Wildlife Service to do
what was promised 5 years ago.
Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
Mr. STENHOLM. I yield to the gentleman from North Carolina.
Mr. TAYLOR of North Carolina. Mr. Chairman, I certainly share the
gentleman's concern, and we will work with the gentleman. It is
outrageous, and we appreciate the gentleman bringing this to our
attention; and we will work toward that.
Mr. DICKS. Mr. Chairman, if the gentleman will yield, I want to tell
him that I will be glad to cooperate and glad to work with him on this
issue. We can call a meeting with the Fish and Wildlife Service or
whatever he wants to do to see if we cannot clarify what the problem
is.
Mr. STENHOLM. Mr. Chairman, reclaiming my time, I thank the chairman
and the ranking member for that assurance.
What I want to get done is I want the snake delisted, as we have
spent millions of dollars on something that should never have been done
to start with; but 5 years ago, Fish and Wildlife promised this
committee that it would be done. They have not delivered.
I look forward to working with my colleagues and the agency to get
the snake delisted, and I appreciate my colleagues' cooperation.
The CHAIRMAN pro tempore (Mr. Ose). The Clerk will read.
The Clerk read as follows:

capital improvement and maintenance

For necessary expenses of the Forest Service, not otherwise
provided for, $522,940,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for
construction, reconstruction, repair, decommissioning, and
maintenance of forest roads and trails by the Forest Service
as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:
Provided, That up to $15,000,000 of the funds provided herein
for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not
part of the transportation system, which are no longer
needed: Provided further, That no funds shall be expended to
decommission any system road until notice and an opportunity
for public comment has been provided on each decommissioning
project.

land acquisition

For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
Forest Service, $15,500,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.

acquisition of lands for national forests special acts

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

acquisition of lands to complete land exchanges

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

range betterment fund

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

gifts, donations and bequests for forest and rangeland research

For expenses authorized by 16 U.S.C. 1643(b), $65,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.

management of national forest lands for subsistence uses

For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $5,962,000 available until expended.

administrative provisions, forest service

Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of not to exceed
124 passenger motor vehicles of which 21 will be used
primarily for law enforcement purposes and of which 124 shall
be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles;
purchase, operation, maintenance, and acquisition of aircraft
from excess sources to maintain the operable fleet at 195
aircraft for use in Forest Service wildland fire programs and
other Forest Service programs; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7
U.S.C. 2250); (4) acquisition of land, waters, and interests
therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant
to the Volunteers in the National Forest Act of 1972 (16
U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms
as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the House and Senate
Committees on Appropriations and if and only if all
previously appropriated emergency contingent funds under the
heading ``Wildland Fire Management'' have been released by
the President and apportioned and all wildfire suppression
funds under the heading ``Wildland Fire Management'' are
obligated.
The first transfer of funds into the Wildland Fire
Management account shall include unobligated funds, if
available, from the Land Acquisition account and the Forest
Legacy program within the State and Private Forestry account.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in
connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and
international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b.
None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of
personnel to carry out section 8002 of the Farm Security and
Rural Investment Act of 2002. Not less than $40,000,000 of
funds under such section is hereby cancelled.

Point of Order

Mr. GOODLATTE. Mr. Chairman, I make a point of order.
The CHAIRMAN pro tempore. The gentleman will state his point of
order.
Mr. GOODLATTE. I make a point of order against the final sentence of
the sixth paragraph under the heading of Title II, ``Administrative
Provisions, Forest Service,'' page 77, lines 6 through 8, in that it
violates House rule XXI clause 2 by changing existing law and inserting
legislative language in an appropriations bill.
The CHAIRMAN pro tempore. Does any Member wish to be heard on the
point of order?
If not, the Chair will rule.
The Chair finds that this provision proposes to change existing law
by canceling funds under section 8002 for the Farm Security and Rural
Investment Act of 2002. The provision, therefore, constitutes
legislation in violation of clause 2 of rule XXI.
The point of order is sustained, and the provision is stricken from
the bill.
The CHAIRMAN pro tempore. The Clerk will read.
The Clerk read as follows:

[[Page H4231]]

None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in House Report 108-330.
Not more than $72,467,000 of the funds available to the
Forest Service shall be transferred to the Working Capital
Fund of the Department of Agriculture.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 for high
priority projects within the scope of the approved budget
which shall be carried out by the Youth Conservation Corps.
Of the funds available to the Forest Service, $2,500 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, $3,300,000
may be advanced in a lump sum to the National Forest
Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for administrative expenses
or projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That of the
Federal funds made available to the Foundation, $300,000 may
be used for Forest Service Centennial activities and, of the
total available to the Foundation, no more than $350,000
shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the
period of Federal financial assistance, private contributions
to match on at least one-for-one basis funds made available
by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a non-Federal recipient for a
project at the same rate that the recipient has obtained the
non-Federal matching funds: Provided further, That authorized
investments of Federal funds held by the Foundation may be
made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709,
and may be advanced in a lump sum to aid conservation
partnership projects in support of the Forest Service
mission, without regard to when expenses are incurred, for
projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds advanced by the Forest Service:
Provided further, That the Foundation may transfer Federal
funds to a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law
enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That such
amounts shall not exceed $1,000,000.
For each fiscal year through 2009, the Secretary of
Agriculture may transfer or reimburse funds available to the
Forest Service, not to exceed $15,000,000, to the Secretary
of the Interior or the Secretary of Commerce to expedite
conferencing and consultations as required under section 7 of
the Endangered Species Act, 16 U.S.C. 1536. The amount of the
transfer or reimbursement shall be as mutually agreed by the
Secretary of Agriculture and the Secretary of the Interior or
Secretary of Commerce, as applicable, or their designees. The
amount shall in no case exceed the actual costs of
consultation and conferencing.
An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).

DEPARTMENT OF ENERGY

clean coal technology

(deferral)

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

fossil energy research and development

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

naval petroleum and oil shale reserves

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

elk hills school lands fund

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

energy conservation

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

strategic petroleum reserve

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

northeast home heating oil reserve

For necessary expenses for Northeast Home Heating Oil
Reserve storage, operations, and management activities
pursuant

[[Page H4232]]

to the Energy Policy and Conservation Act of 2000,
$5,000,000, to remain available until expended.

energy information administration

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

administrative provisions, department of energy

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, $2,628,322,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That up to $18,000,000 shall
remain available until expended, for the Indian Catastrophic
Health Emergency Fund: Provided further, That $479,085,000
for contract medical care shall remain available for
obligation until September 30, 2006: Provided further, That
of the funds provided, up to $27,000,000 to remain available
until expended, shall be used to carry out the loan repayment
program under section 108 of the Indian Health Care
Improvement Act: Provided further, That funds provided in
this Act may be used for one-year contracts and grants which
are to be performed in two fiscal years, so long as the total
obligation is recorded in the year for which the funds are
appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement
Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security
Act (exclusive of planning, design, or construction of new
facilities): Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship
programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided
further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That, notwithstanding any
other provision of law, of the amounts provided herein, not
to exceed $267,398,000 shall be for payments to tribes and
tribal organizations for contract or grant support costs
associated with contracts, grants, self-governance compacts
or annual funding agreements between the Indian Health
Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior to
or during fiscal year 2005, of which not to exceed $2,500,000
may be used for contract support costs associated with new or
expanded self-determination contracts, grants, self-
governance compacts or annual funding agreements: Provided
further, That funds available for the Indian Health Care
Improvement Fund may be used, as needed, to carry out
activities typically funded under the Indian Health
Facilities account.

indian health facilities

For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $405,048,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction or
renovation of health facilities for the benefit of an Indian
tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities:
Provided further, That not to exceed $500,000 shall be used
by the Indian Health Service to purchase TRANSAM equipment
from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service
may be used for sanitation facilities construction for new
homes funded with grants by the housing programs of the
United States Department of Housing and Urban Development:
Provided further, That not to exceed $1,000,000 from this
account and the ``Indian Health Services'' account shall be
used by the Indian Health Service to obtain ambulances for
the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between
the Indian Health Service and the General Services
Administration: Provided further, That not to exceed $500,000
shall be placed in a Demolition Fund, available until
expended, to be used by the Indian Health Service for
demolition of Federal buildings: Provided further, That up to
$2,700,000 may be used for the purchase of up to 27 acres at
two sites for the construction of the northern and southern
California Youth Regional Treatment Centers subject to
advance approval from the House and Senate Committees on
Appropriations.

administrative provisions, indian health service

Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under
5 U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints;
purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by 5 U.S.C. 5901-5902;
and for expenses of attendance at meetings which are
concerned with the functions or activities for which the
appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or
activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation.
None of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or
charges by the Department of Health and Human Services unless
identified in the budget justification and

[[Page H4233]]

provided in this Act, or approved by the House and Senate
Committees on Appropriations through the reprogramming
process. Personnel ceilings may not be imposed on the Indian
Health Service nor may any action be taken to reduce the full
time equivalent level of the Indian Health Service below the
level in fiscal year 2002 adjusted upward for the staffing of
new and expanded facilities, funding provided for staffing at
the Lawton, Oklahoma hospital in fiscal years 2003 and 2004,
critical positions not filled in fiscal year 2002, and
staffing necessary to carry out the intent of Congress with
regard to program increases.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement
authorized by title I or title III or title V of the Indian
Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by
the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included
in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in
advance with subsequent adjustment. The reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
which provided the funding. Such amounts shall remain
available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or
technical assistance.
The Indian Health Service may purchase 8.5 acres of land
for expansion of parking facilities at the W.W. Hastings
hospital in Tahlequah, Oklahoma using third party collections
subject to advance approval from the House and Senate
Committees on Appropriations.
The appropriation structure for the Indian Health Service
may not be altered without advance approval of the House and
Senate Committees on Appropriations.

OTHER RELATED AGENCIES

Office of Navajo and Hopi Indian Relocation

salaries and expenses

For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$11,000,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10.

Institute of American Indian and Alaska Native Culture and Arts
Development

payment to the institute

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

Smithsonian Institution

salaries and expenses

For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for
terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; up to five
replacement passenger vehicles; purchase, rental, repair, and
cleaning of uniforms for employees, $496,925,000, of which
not to exceed $11,108,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the
National Museum of African American History and Culture, and
the repatriation of skeletal remains program shall remain
available until expended; and of which $1,620,000 for
fellowships and scholarly awards shall remain available until
September 30, 2006; and including such funds as may be
necessary to support American overseas research centers and a
total of $125,000 for the Council of American Overseas
Research Centers: Provided, That funds appropriated herein
are available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments for long
term and swing space, as rent payable to the Smithsonian
Institution, and such rent payments may be deposited into the
general trust funds of the Institution to the extent that
federally supported activities are housed in the 900 H
Street, N.W. building in the District of Columbia: Provided
further, That this use of Federal appropriations shall not be
construed as debt service, a Federal guarantee of, a transfer
of risk to, or an obligation of, the Federal Government:
Provided further, That no appropriated funds may be used to
service debt which is incurred to finance the costs of
acquiring the 900 H Street building or of planning,
designing, and constructing improvements to such building.

facilities capital

For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$122,900,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5
U.S.C. 3109: Provided, That contracts awarded for
environmental systems, protection systems, and repair or
restoration of facilities of the Smithsonian Institution may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price: Provided
further, That balances from amounts previously appropriated
under the headings ``Repair, Restoration and Alteration of
Facilities'' and ``Construction'' shall be transferred to and
merged with this appropriation and shall remain until
expended.

administrative provisions, smithsonian institution

None of the funds in this or any other Act may be used to
make any changes to the existing Smithsonian science programs
including closure of facilities, relocation of staff or
redirection of functions and programs without approval from
the Board of Regents of recommendations received from the
Science Commission.
None of the funds in this or any other Act may be used to
initiate the design for any proposed expansion of current
space or new facility without consultation with the House and
Senate Appropriations Committees.
None of the funds in this or any other Act may be used for
the Holt House located at the National Zoological Park in
Washington, D.C., unless identified as repairs to minimize
water damage, monitor structure movement, or provide interim
structural support.
None of the funds available to the Smithsonian may be
reprogrammed without the advance written approval of the
House and Senate Committees on Appropriations in accordance
with the reprogramming procedures contained in the statement
of the managers accompanying this Act.
None of the funds in this or any other Act may be used to
purchase any additional buildings without prior consultation
with the House and Senate Committees on Appropriations.

National Gallery of Art

salaries and expenses

For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $93,000,000,
of which not to exceed $3,026,000 for the special exhibition
program shall remain available until expended.

repair, restoration and renovation of buildings

For necessary expenses of repair, restoration and
renovation of buildings, grounds

[[Page H4234]]

and facilities owned or occupied by the National Gallery of
Art, by contract or otherwise, as authorized, $11,100,000, to
remain available until expended: Provided, That contracts
awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as well
as price.

John F. Kennedy Center for the Performing Arts

operations and maintenance

For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $17,152,000.

John F. Kennedy Center for the Performing Arts

construction

For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $10,000,000, to
remain available until expended.

Woodrow Wilson International Center for Scholars

salaries and expenses

For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $8,987,000.

National Foundation on the Arts and the Humanities

National Endowment for the Arts

grants and administration

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$120,972,000, shall be available to the National Endowment
for the Arts for the support of projects and productions in
the arts through assistance to organizations and individuals
pursuant to sections 5(c) and 5(g) of the Act, including
$22,000,000 for support of arts education and public outreach
activities through the Challenge America program, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
previously appropriated to the National Endowment for the
Arts ``Matching Grants'' account and ``Challenge America''
account may be transferred to and merged with this account.

National Endowment for the Humanities

grants and administration

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$122,377,000, shall be available to the National Endowment
for the Humanities for support of activities in the
humanities, pursuant to section 7(c) of the Act, and for
administering the functions of the Act, to remain available
until expended.

matching grants

To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $16,122,000, to remain available until
expended, of which $10,436,000 shall be available to the
National Endowment for the Humanities for the purposes of
section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.

Administrative Provisions

None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may
approve grants up to $10,000, if in the aggregate this amount
does not exceed 5 percent of the sums appropriated for grant-
making purposes per year: Provided further, That such small
grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council
on the Arts to the Chairperson.

Commission of Fine Arts

Salaries and Expenses

For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $1,793,000:
Provided, That the Commission is authorized to charge fees to
cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to
remain available until expended without further
appropriation.

National Capital Arts and Cultural Affairs

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

Advisory Council on Historic Preservation

Salaries and Expenses

For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $4,600,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.

National Capital Planning Commission

salaries and expenses

For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $7,999,000:
Provided, That one-quarter of one percent of the funds
provided under this heading may be used for official
reception and representational expenses to host international
visitors engaged in the planning and physical development of
world capitals.

United States Holocaust Memorial Museum

Holocaust Memorial Museum

For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$41,433,000, of which $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the museum's
exhibitions program shall remain available until expended.

Presidio Trust

presidio trust fund

For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $20,000,000
shall be available to the Presidio Trust, to remain available
until expended.

TITLE III--GENERAL PROVISIONS

Sec. 301. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 302. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which congressional action is not complete.
Sec. 303. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 304. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
Sec. 305. No assessments may be levied against any program,
budget activity, subactivity, or project funded by this Act
unless notice of such assessments and the basis therefor are
presented to the Committees on Appropriations and are
approved by such committees.
Sec. 306. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 2004.
Sec. 307. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for
the claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2005, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section
314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.

[[Page H4235]]

Sec. 308. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee reports for
the Bureau of Indian Affairs and the Indian Health Service by
Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, 106-113, 106-291, 107-63, 108-7, and 108-108 for
payments to tribes and tribal organizations for contract
support costs associated with self-determination or self-
governance contracts, grants, compacts, or annual funding
agreements with the Bureau of Indian Affairs or the Indian
Health Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 2004 for such
purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority
allocations for unmet indirect costs of ongoing contracts,
grants, self-governance compacts or annual funding
agreements.
Sec. 309. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 310. Through fiscal year 2009, the National Endowment
for the Arts and the National Endowment for the Humanities
are authorized to solicit, accept, receive, and invest in the
name of the United States, gifts, bequests, or devises of
money and other property or services and to use such in
furtherance of the functions of the National Endowment for
the Arts and the National Endowment for the Humanities. Any
proceeds from such gifts, bequests, or devises, after
acceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by the
donor or the representative of the donor to the Chairman. The
Chairman shall enter the proceeds in a special interest-
bearing account to the credit of the appropriate endowment
for the purposes specified in each case.
Sec. 311. The section shall apply for fiscal years 2005
through 2009. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 312. No part of any appropriation contained in this
Act shall be expended or obligated to complete and issue the
5-year program under the Forest and Rangeland Renewable
Resources Planning Act.
Sec. 313. None of the funds in this Act may be used to
support Government-wide administrative functions unless such
functions are justified in the budget process and funding is
approved by the House and Senate Committees on
Appropriations.
Sec. 314. Notwithstanding any other provision of law, for
fiscal year 2005 the Secretaries of Agriculture and the
Interior are authorized to limit competition for watershed
restoration project contracts as part of the ``Jobs in the
Woods'' Program established in Region 10 of the Forest
Service to individuals and entities in historically timber-
dependent areas in the States of Washington, Oregon, northern
California, Idaho, Montana, and Alaska that have been
affected by reduced timber harvesting on Federal lands. The
Secretaries shall consider the benefits to the local economy
in evaluating bids and designing procurements which create
economic opportunities for local contractors.
Sec. 315. Amounts deposited during fiscal year 2004 in the
roads and trails fund provided for in the 14th paragraph
under the heading ``FOREST SERVICE'' of the Act of March 4,
1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the
Secretary of Agriculture, without regard to the State in
which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or
to carry out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of
roads, bridges, and trails on National Forest System lands in
the wildland-community interface where there is an abnormally
high risk of fire. The projects shall emphasize reducing
risks to human safety and public health and property and
enhancing ecological functions, long-term forest
productivity, and biological integrity. The projects may be
completed in a subsequent fiscal year. Funds shall not be
expended under this section to replace funds which would
otherwise appropriately be expended from the timber salvage
sale fund. Nothing in this section shall be construed to
exempt any project from any environmental law.
Sec. 316. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach
promptly an individual on-duty with the agency being
contacted.
Sec. 317. Section 3 of the Act of June 9, 1930 (commonly
known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is
amended--
(1) by striking ``The Secretary of Agriculture may, when in
his'' and inserting ``(a) The Secretary of Agriculture may,
when in his or her'';
(2) by striking ``Such deposits'' and inserting the
following: ``Each of these 4 purposes shall be of equal
priority.
``(b) Amounts deposited under subsection (a)'';
(3) by striking ``may direct:'' and all that follows
through ``That the Secretary of Agriculture'' and inserting
``may direct. The Secretary of Agriculture''; and
(4) by adding at the end the following new subsection:
``(c) Any portion of the balance at the end of a fiscal
year in the special fund established pursuant to this section
that the Secretary of Agriculture determines to be in excess
of the cost of doing work described in subsection (a) (as
well as any portion of the balance in the special fund that
the Secretary determined, before October 1, 2004, to be
excess of the cost of doing work described in subsection (a),
but which has not been transferred by that date) shall be
transferred to miscellaneous receipts, National Forest Fund,
as a National Forest receipt, but only if the Secretary also
determines that--
``(1) the excess amounts will not be needed for emergency
wildfire suppression during the fiscal year in which the
transfer would be made; and
``(2) the amount to be transferred to miscellaneous
receipts, National Forest Fund, exceeds the outstanding
balance of unreimbursed funds transferred from the special
fund in prior fiscal years for wildfire suppression.''.
Sec. 318. A project undertaken by the Forest Service under
the Recreation Fee Demonstration Program as authorized by
section 315 of the Department of the Interior and Related
Agencies Appropriations Act for Fiscal Year 1996, as amended,
shall not result in--
(1) displacement of the holder of an authorization to
provide commercial recreation services on Federal lands.
Prior to initiating any project, the Secretary shall consult
with potentially affected holders to determine what impacts
the project may have on the holders. Any modifications to the
authorization shall be made within the terms and conditions
of the authorization and authorities of the impacted agency;
and
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided
in the past by a private sector provider, except when--
(A) the private sector provider fails to bid on such
opportunities;
(B) the private sector provider terminates its relationship
with the agency; or
(C) the agency revokes the permit for non-compliance with
the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee
Demonstration Program to provide for operations until a
subsequent operator can be found through the offering of a
new prospectus.
Sec. 319. Prior to October 1, 2005, the Secretary of
Agriculture shall not be considered to be in violation of
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without
revision of the plan for a unit of the National Forest
System. Nothing in this section exempts the

[[Page H4236]]

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. 320. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
Sec. 321. Extension of Forest Service Conveyances Pilot
Program.--Section 329 of the Department of the Interior and
Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d
note; Public Law 107-63) is amended--
(1) in subsection (b), by striking ``30'' and inserting
``40'';
(2) in subsection (c) by striking ``8'' and inserting
``13''; and
(3) in subsection (d), by striking ``2006'' and inserting
``2008''.
Sec. 322. Employees of the foundations established by Acts
of Congress to solicit private sector funds on behalf of
Federal land management agencies shall, hereafter, qualify
for General Service Administration contract airfares.
Sec. 323. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act
(42 U.S.C. 1856m) the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished
under said agreements to provide wildfire services are
considered, for purposes of tort liability, employees of the
country receiving said services when the individuals are
engaged in fire suppression: Provided, That the Secretary of
Agriculture or the Secretary of the Interior shall not enter
into any agreement under this provision unless the foreign
country (either directly or through its fire organization)
agrees to assume any and all liability for the acts or
omissions of American firefighters engaged in firefighting in
a foreign country: Provided further, That when an agreement
is reached for furnishing fire fighting services, the only
remedies for acts or omissions committed while fighting fires
shall be those provided under the laws of the host country,
and those remedies shall be the exclusive remedies for any
claim arising out of fighting fires in a foreign country:
Provided further, That neither the sending country nor any
legal organization associated with the firefighter shall be
subject to any legal action whatsoever pertaining to or
arising out of the firefighter's role in fire suppression.
Sec. 324. Notwithstanding any other provision of law or
regulation, to promote the more efficient use of the health
care funding allocation for fiscal year 2005, the Eagle Butte
Service Unit of the Indian Health Service, at the request of
the Cheyenne River Sioux Tribe, may pay base salary rates to
health professionals up to the highest grade and step
available to a physician, pharmacist, or other health
professional and may pay a recruitment or retention bonus of
up to 25 percent above the base pay rate.
Sec. 325. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 326. None of the funds in this Act may be used to
prepare or issue a permit or lease for oil or gas drilling in
the Finger Lakes National Forest, New York, during fiscal
year 2005.
Sec. 327. None of the funds made available in this Act may
be used for the planning, design, or construction of
improvements to Pennsylvania Avenue in front of the White
House without the advance approval of the Committees on
Appropriations.
Sec. 328. In awarding a Federal Contract with funds made
available by this Act, the Secretary of Agriculture and the
Secretary of the Interior (the ``Secretaries'') may, in
evaluating bids and proposals, give consideration to local
contractors who are from, and who provide employment and
training for, dislocated and displaced workers in an
economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected
by reduced timber harvesting on Federal lands and other
forest-dependent rural communities isolated from significant
alternative employment opportunities: Provided, That the
Secretaries may award grants or cooperative agreements to
local non-profit entities, Youth Conservation Corps or
related partnerships with State, local or non-profit youth
groups, or small or disadvantaged business: Provided further,
That the contract, grant, or cooperative agreement is for
forest hazardous fuels reduction, watershed or water quality
monitoring or restoration, wildlife or fish population
monitoring, or habitat restoration or management: Provided
further, That the terms ``rural community'' and
``economically disadvantaged'' shall have the same meanings
as in section 2374 of Public Law 101-624: Provided further,
That the Secretaries shall develop guidance to implement this
section: Provided further, That nothing in this section shall
be construed as relieving the Secretaries of any duty under
applicable procurement laws, except as provided in this
section.
Sec. 329. No funds appropriated in this Act for the
acquisition of lands or interests in lands may be expended
for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate
Committees on Appropriations: Provided, That this provision
shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of
1989, or to funds appropriated for Federal assistance to the
State of Florida to acquire lands for Everglades restoration
purposes.
Sec. 330. Section 315(f) of the Department of the Interior
and Related Agencies Appropriations Act, 1996 (as contained
in section 101(c) of Public Law 104-134; 110 Stat. 1321-200;
16 U.S.C. 460l-6a note), is amended--
(1) in subsection (b), by inserting ``subject to subsection
(g) but'' before ``notwithstanding'' in the matter preceding
paragraph (1); and
(2) by adding at the end the following new subsection:
``(g) The Secretary of Agriculture may not charge or
collect fees under this section for the following:
``(1) Admission to a unit of the National Forest System (as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
``(2) the use of, either singly or in any combination, of
the following:
``(A) undesignated parking along roads;
``(B) overlook sites or scenic pullouts;
``(C) information offices and centers that only provide
general area information and limited services or interpretive
exhibits; and
``(D) dispersed areas for which expenditures in facilities
or services are limited.''
Sec. 331. (a) Annual Reporting Requirements on Competitive
Sourcing Activities.--
(1) Not later than December 31 of each year, beginning with
December 31, 2004, the Secretary concerned shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives a report, covering the preceding fiscal
year, on the competitive sourcing studies conducted by the
Department of the Interior, the Forest Service, or the
Department of Energy, as appropriate, and the costs and cost
savings to the citizens of the United States of such studies.
(2) In this subsection, the term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to the
Department of the Interior programs, projects, and activities
for which funds are appropriated by this Act;
(B) the Secretary of Agriculture, with respect to the
Forest Service; and
(C) the Secretary of Energy, with respect to the Department
of Energy programs, projects, and activities for which funds
are appropriated by this Act.
(3) The report under this subsection shall include, for the
fiscal year covered--
(A) the total number of competitions completed;
(B) the total number of competitions announced, together
with a list of the activities covered by such competitions;
(C) the total number of full-time equivalent Federal
employees studied under completed competitions;
(D) the total number of full-time equivalent Federal
employees being studied under competitions announced, but not
completed;
(E) the incremental cost directly attributable to
conducting the competitions identified under subparagraphs
(A) and (B), including costs attributable to paying outside
consultants and contractors and, in accordance with full cost
accounting principles, all costs attributable to developing,
implementing, supporting, managing, monitoring, and reporting
on competitive sourcing, including personnel, consultant,
travel, and training costs associated with program
management;
(F) an estimate of the total anticipated savings, or a
quantifiable description of improvements in service or
performance, derived from completed competitions;
(G) actual savings, or a quantifiable description of
improvements in service or performance, derived from the
implementation of competitions;
(H) the total projected number of full-time equivalent
Federal employees covered by competitions scheduled to be
announced in the fiscal year; and
(I) a description of how the competitive sourcing decision
making processes are aligned with strategic workforce plans.
(b) Competitive Sourcing Exemption for Forest Service
Studies Conducted Prior to Fiscal Year 2005.--Notwithstanding
requirements of Office of Management and Budget Circular A-
76, Attachment B, the Forest Service is hereby exempted from
implementing the Letter of Obligation and post-competition
accountability guidelines where a competitive sourcing study
involved 65 or fewer full-time equivalents, the performance
decision was made in favor of the agency provider; no net
savings was achieved by conducting the study, and the study
was completed prior to the date of this Act.
(c) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other Act to
the Department of Energy or the Department of the Interior
for fiscal

[[Page H4237]]

year 2005, not more than the maximum amount specified in
paragraph (2)(A) may be used by the Secretary of Energy or
the Secretary of the Interior to initiate or continue
competitive sourcing studies in fiscal year 2005 for
programs, projects, and activities for which funds are
appropriated by this Act until such time as the Secretary
concerned submits a reprogramming proposal to the Committees
on Appropriations of the Senate and the House of
Representatives, and such proposal has been processed
consistent with the reprogramming guidelines in House Report
108-330.
(2) For the purposes of paragraph (1), the maximum amount--
(A) with respect to the Department of Energy is $500,000;
and
(B) with respect to the Department of the Interior is
$2,500,000; and
(3) Of the funds appropriated by this Act, not more than
$2,000,000 may be used in fiscal year 2005 for competitive
sourcing studies and related activities by the Forest
Service.
(d) Limitation on Conversion to Contractor Performance.--
(1) None of the funds made available in this or any other
Act may be used to convert to contractor performance an
activity or function of the Forest Service, an activity or
function of the Department of the Interior performed under
programs, projects, and activities for which funds are
appropriated by this Act, or an activity or function of the
Department of Energy performed under programs, projects, and
activities for which funds are appropriated by this Act, if
such activity or function is performed on or after the date
of the enactment of this Act by more than 10 Federal
employees unless--
(A) the conversion is based on the result of a public-
private competition that includes a more efficient and cost
effective organization plan developed by such activity or
function; and
(B) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Federal Government by an amount that
equals or exceeds the lesser of--
(i) 10 percent of the more efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(ii) $10,000,000.
(2) This subsection shall not apply to a commercial or
industrial type function that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(3) The conversion of any activity or function under the
authority provided by this subsection shall be credited
toward any competitive or outsourcing goal, target, or
measurement that may be established by statute, regulation,
or policy.
(e) Competitive Sourcing Study Defined.--In this
subsection, the term ``competitive sourcing study'' means a
study on subjecting work performed by Federal Government
employees or private contractors to public-private
competition or on converting the Federal Government employees
or the work performed by such employees to private contractor
performance under the Office of Management and Budget
Circular A-76 or any other administrative regulation,
directive, or policy.
Sec. 332. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects and activities to
support governmentwide, departmental, agency or bureau
administrative functions or headquarters, regional or central
office operations shall be presented in annual budget
justifications. Changes to such estimates shall be presented
to the Committees on Appropriations for approval.
Sec. 333. None of the funds in this or any other Act may be
used by the agencies funded in this Act to implement Safecom,
Disaster Management, E-Training, and E-Rulemaking.

CONVEYANCE OF A SMALL PARCEL OF PUBLIC DOMAIN LAND IN THE SAN
BERNARDINO NATIONAL FOREST IN THE STATE OF CALIFORNIA

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

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

CHAPTER 1--FISCAL YEAR 2004

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

wildland fire management

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

[[Page H4238]]

DEPARTMENT OF AGRICULTURE

Forest Service

wildland fire management

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

CHAPTER 2--FISCAL YEAR 2005

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

wildland fire management

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

DEPARTMENT OF AGRICULTURE

Forest Service

wildland fire management

For an additional amount for fiscal year 2005 for
``Wildland Fire Management'', $400,000,000, to remain
available until expended, for urgent wildland fire
suppression activities related to the fiscal year 2005 fire
season pursuant to section 312 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives
by H. Res. 649 (108th Congress): Provided, That these funds
will become available in the event that funds provided in
title II of this Act for wildland fire suppression are
insufficient: Provided further, That such funds are also
available for repayment of advances to other appropriation
accounts from which funds are transferred for such purposes:
Provided further, That cost containment measures shall be
implemented within this account for fiscal year 2005, and the
Secretary of Agriculture shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a report on such cost containment measures by December 31
following the end of such fiscal year.

Mr. TAYLOR of North Carolina (during the reading). Mr. Chairman, I
ask unanimous consent that the remainder of the bill through page 139,
line 22 be considered as read, printed in the Record, and open to
amendment at any point.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.

Point of Order

Mr. GOODLATTE. Mr. Chairman, I make a point of order.
The CHAIRMAN pro tempore. The gentleman will state his point of
order.
Mr. GOODLATTE. Mr. Chairman, I make a point of order that the proviso
in section 319 fails to comply with clause 2, rule XXI by addressing
the conditions under which a court action may be brought. It
constitutes legislation on an appropriations bill in violation of the
rule. On behalf of the chairman of the Committee on the Judiciary, I
ask the Chair for a ruling on the point of order.
The CHAIRMAN pro tempore. Does any Member wish to be heard on the
point of order?
If not, the Chair will rule.
The Chair finds that this provision proposes to change existing law
with respect to a revision of plans for National Forest System Units.
The provision, therefore, constitutes legislation in violation of
clause 2 of rule XXI.
The point of order is sustained, and the provision is stricken from
the bill.

Sequential Votes Postponed In Committee Of The Whole

The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII,
proceedings will now resume on those amendments on which further
proceedings were postponed in the following order: the amendments
offered by the gentlewoman from New York (Ms. Slaughter); the amendment
offered by the gentleman from Colorado (Mr. Tancredo); and the
amendment offered by the gentlewoman from Oregon (Ms. Hooley).
The first electronic vote will be conducted as a 15-minute vote. The
remaining electronic votes will be conducted as 5-minute votes.

Amendments, As Modified, Offered by Ms. Slaughter

The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendments, as modified, offered by the
gentlewoman from New York (Ms. Slaughter), on which further proceedings
were postponed and on which the noes prevailed by voice vote.
The Clerk will designate the amendments.
The Clerk designated the amendments.

Recorded Vote

The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 241,
noes 185, not voting 7, as follows:

[Roll No. 248]

AYES--241

Abercrombie
Ackerman
Alexander
Allen
Andrews
Baca
Baird
Baldwin
Ballenger
Bass
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Boehlert
Bono
Boswell
Boucher
Boyd
Brady (PA)
Brown, Corrine
Capito
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Case
Castle
Chandler
Clay
Clyburn
Conyers
Cooper
Costello
Cramer
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley (CA)
Doyle
Duncan
Edwards
Ehlers
Emanuel
Engel
English
Eshoo
Etheridge
Evans
Farr
Fattah
Ferguson
Foley
Ford
Fossella
Frank (MA)
Frelinghuysen
Frost
Gerlach
Gilchrest
Gonzalez
Gordon
Green (TX)
Greenwood
Grijalva
Gutierrez
Harman
Harris
Hart
Herseth
Hill
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley (OR)
Houghton
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy (RI)
Kildee
Kilpatrick
Kind
Kirk
Kleczka
Kolbe
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
LaTourette
Leach
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Lynch
Majette
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McGovern
McHugh
McKeon
McNulty
Meehan
Meek (FL)
Menendez
Mica
Michaud
Millender-McDonald
Miller (NC)
Miller, George
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Peterson (PA)
Platts
Pomeroy
Porter
Price (NC)
Pryce (OH)
Quinn
Rahall
Ramstad
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Simmons
Simpson
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Sweeney
Tauscher
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner (OH)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh
Waters
Watson
Watt
Waxman
Weiner
Weldon (PA)
Wexler
Woolsey
Wu
Wynn

NOES--185

Aderholt
Akin
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Beauprez
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonilla
Bonner
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Carter
Chabot
Chocola
Coble
Cole
Collins
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Deal (GA)
DeLay
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Dunn
Emerson
Everett
Feeney
Flake
Forbes
Franks (AZ)
Gallegly

[[Page H4239]]

Garrett (NJ)
Gibbons
Gillmor
Gingrey
Goode
Goodlatte
Goss
Granger
Graves
Green (WI)
Gutknecht
Hall
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
Johnson, Sam
Jones (NC)
Keller
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kline
Knollenberg
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas (KY)
Lucas (OK)
Manzullo
McCotter
McCrery
McInnis
McIntyre
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Paul
Pearce
Pence
Petri
Pickering
Pitts
Pombo
Portman
Putnam
Radanovich
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stenholm
Sullivan
Tancredo
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (TX)
Upton
Vitter
Walden (OR)
Wamp
Weldon (FL)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)

NOT VOTING--7

Brown (OH)
DeMint
Filner
Gephardt
Hastings (FL)
McDermott
Meeks (NY)

{time} 1810

Messrs. GARRETT of New Jersey, SENSENBRENNER, BONILLA, SHIMKUS,
PEARCE, BROWN of South Carolina, ADERHOLT and TAUZIN changed their vote
from ``aye'' to ``no.''
Messrs. FOLEY, PORTER, PETERSON of Pennsylvania and SAXTON changed
their vote from ``no'' to ``aye.''
So the amendments, as modified, were agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. FILNER. Mr. Chairman, on rollcall No. 248, I was unavoidably
detained, and I missed the vote. Had I been present, I would have voted
``aye.''

Amendment No. 5 Offered by Mr. Tancredo

The CHAIRMAN pro tempore (Mr. Ose). The pending business is the
demand for a recorded vote on the amendment offered by the gentleman
from Colorado (Mr. Tancredo) on which further proceedings were
postponed and on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 112,
noes 313, not voting 8, as follows:

[Roll No. 249]

AYES--112

Aderholt
Akin
Bachus
Barrett (SC)
Bartlett (MD)
Beauprez
Blackburn
Blunt
Boehner
Bonilla
Bonner
Brady (TX)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Cannon
Cantor
Carter
Chabot
Coble
Collins
Cox
Crane
Cubin
Culberson
Cunningham
Davis, Jo Ann
Deal (GA)
DeFazio
DeLay
Diaz-Balart, M.
Doolittle
Emerson
Everett
Feeney
Flake
Forbes
Franks (AZ)
Gallegly
Garrett (NJ)
Gibbons
Gingrey
Goode
Goodlatte
Graves
Green (WI)
Gutknecht
Hall
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Isakson
Istook
Johnson, Sam
Jones (NC)
Keller
Kennedy (MN)
King (IA)
Kingston
Kline
Lewis (KY)
Linder
Manzullo
McInnis
Miller (FL)
Miller, Gary
Murphy
Musgrave
Myrick
Neugebauer
Ney
Norwood
Otter
Paul
Pence
Petri
Pickering
Pitts
Pombo
Renzi
Rogers (AL)
Rohrabacher
Royce
Ryan (WI)
Ryun (KS)
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (MI)
Souder
Stearns
Sullivan
Tancredo
Tauzin
Taylor (MS)
Taylor (NC)
Thornberry
Tiahrt
Toomey
Vitter
Weldon (FL)
Wicker
Wilson (SC)

NOES--313

Abercrombie
Ackerman
Alexander
Allen
Andrews
Baca
Baird
Baker
Baldwin
Ballenger
Barton (TX)
Bass
Becerra
Bell
Bereuter
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Boehlert
Bono
Boozman
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brown (SC)
Brown, Corrine
Burns
Burr
Calvert
Camp
Capito
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Case
Castle
Chandler
Chocola
Clay
Clyburn
Cole
Conyers
Cooper
Costello
Cramer
Crenshaw
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
Davis, Tom
DeGette
Delahunt
DeLauro
Deutsch
Diaz-Balart, L.
Dicks
Dingell
Doggett
Dooley (CA)
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Emanuel
Engel
English
Eshoo
Etheridge
Evans
Farr
Fattah
Ferguson
Foley
Ford
Fossella
Frank (MA)
Frelinghuysen
Frost
Gerlach
Gilchrest
Gillmor
Gonzalez
Gordon
Goss
Granger
Green (TX)
Greenwood
Grijalva
Gutierrez
Harman
Harris
Hart
Herger
Herseth
Hill
Hinchey
Hinojosa
Hobson
Hoeffel
Holden
Holt
Honda
Hooley (OR)
Houghton
Hoyer
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy (RI)
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Kleczka
Knollenberg
Kolbe
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Lynch
Majette
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCotter
McCrery
McGovern
McHugh
McIntyre
McKeon
McNulty
Meehan
Meek (FL)
Menendez
Mica
Michaud
Millender-McDonald
Miller (MI)
Miller (NC)
Miller, George
Mollohan
Moore
Moran (KS)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Nethercutt
Northup
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Ose
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Peterson (MN)
Peterson (PA)
Platts
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Rodriguez
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Saxton
Schakowsky
Schiff
Schrock
Scott (GA)
Scott (VA)
Serrano
Shaw
Shays
Sherman
Sherwood
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Spratt
Stark
Stenholm
Strickland
Stupak
Sweeney
Tanner
Tauscher
Terry
Thomas
Thompson (CA)
Thompson (MS)
Tiberi
Tierney
Towns
Turner (OH)
Turner (TX)
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (PA)
Weller
Wexler
Whitfield
Wilson (NM)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NOT VOTING--8

Bishop (UT)
Brown (OH)
DeMint
Filner
Gephardt
Hastings (FL)
McDermott
Meeks (NY)

Announcement by the Chairman Pro Tempore

The CHAIRMAN pro tempore (Mr. Ose) (during the vote). Members are
advised that 2 minutes remain in this vote.

{time} 1820

Mr. RUPPERSBERGER and Mr. CUMMINGS changed their vote from ``aye'' to
``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. HERGER. Mr. Chairman, on rollcall No. 249 I inadvertently voted
``no.'' I intended to vote ``yes.''
Stated against:
Mr. FILNER. Mr. Chairman, on rollcall No. 249, I was unavoidably
detained, and I missed the vote. Had I been present, I would have voted
``no.''

Amendment Offered By Ms. Hooley of Oregon

The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Oregon
(Ms. Hooley) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will designate the amendment.
The Clerk designated the amendment.

[[Page H4240]]

Recorded Vote

[Roll No. 250]

AYES--186

Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Beauprez
Becerra
Bell
Berkley
Berman
Bishop (NY)
Blumenauer
Boswell
Boucher
Boyd
Brown, Corrine
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Chandler
Clay
Clyburn
Conyers
Cooper
Cox
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley (CA)
Edwards
Emanuel
Engel
Evans
Farr
Fattah
Flake
Ford
Frank (MA)
Franks (AZ)
Frost
Green (WI)
Grijalva
Gutierrez
Harman
Hastings (WA)
Hayworth
Hefley
Herseth
Hill
Hinchey
Holden
Holt
Honda
Hooley (OR)
Hoyer
Hulshof
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind
Kleczka
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Lucas (KY)
Lynch
Maloney
Markey
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McInnis
Meehan
Meek (FL)
Menendez
Michaud
Millender-McDonald
Miller, George
Moore
Moran (KS)
Moran (VA)
Nadler
Napolitano
Neal (MA)
Oberstar
Olver
Otter
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Pomeroy
Rahall
Rangel
Renzi
Rodriguez
Rohrabacher
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Shadegg
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tancredo
Thomas
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walden (OR)
Waters
Watson
Watt
Waxman
Weiner
Wexler
Wilson (NM)
Woolsey
Wu
Wynn

NOES--241

Abercrombie
Aderholt
Akin
Alexander
Bachus
Baker
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Bereuter
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Case
Castle
Chabot
Chocola
Coble
Cole
Collins
Costello
Cramer
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Doyle
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Eshoo
Etheridge
Everett
Feeney
Ferguson
Foley
Forbes
Fossella
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gonzalez
Goode
Goodlatte
Gordon
Goss
Granger
Graves
Green (TX)
Greenwood
Gutknecht
Hall
Harris
Hart
Hayes
Hensarling
Herger
Hinojosa
Hobson
Hoeffel
Hoekstra
Hostettler
Houghton
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, Sam
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Lampson
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas (OK)
Majette
Manzullo
Marshall
Matheson
McCotter
McCrery
McHugh
McIntyre
McKeon
McNulty
Mica
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Mollohan
Murphy
Murtha
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Obey
Ortiz
Osborne
Ose
Oxley
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Portman
Price (NC)
Pryce (OH)
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Ryun (KS)
Sandlin
Saxton
Schrock
Sensenbrenner
Sessions
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stenholm
Sullivan
Sweeney
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Turner (TX)
Upton
Vitter
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (SC)
Wolf
Young (AK)
Young (FL)

NOT VOTING--6

Brown (OH)
DeMint
Filner
Gephardt
Hastings (FL)
Meeks (NY)

Announcement by the Chairman Pro Tempore

The CHAIRMAN pro tempore (during the vote). Members are advised 2
minutes remain in this vote.

{time} 1828

Messrs. McINTYRE, WALSH, SESSIONS and Ms. MAJETTE changed their vote
from ``aye'' to ``no.''
Mr. HAYWORTH changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. FILNER. Mr. Chairman, on rollcall No. 250, I was unavoidably
detained, and I missed the vote. Had I been present, I would have voted
``aye.''
Mr. TAYLOR of North Carolina. Mr. Chairman, I move that the Committee
do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mrs.
Biggert) having assumed the chair, Mr. Ose, Chairman pro tempore of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 4568)
making appropriations for the Department of Interior and related
agencies for the fiscal year ending September 30, 2005, and for other
purposes, had come to no resolution thereon.

____________________