[Congressional Record Volume 151, Number 86 (Friday, June 24, 2005)]
[Senate]
[Pages S7331-S7374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2006
The PRESIDENT pro tempore. Under the previous order, the Senate will
proceed to the consideration of H.R. 2361, which the clerk will report.
The legislative clerk read as follows:
A bill (H.R. 2361) making appropriations for the Department
of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2006, and for other
purposes.
The Senate proceeded to consider the bill which had been reported
from the Committee on Appropriations with an amendment in the nature of
a substitute.
[Strike the part shown in black brackets and insert the
part shown in italic.]
H.R. 2361
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Department of the Interior, environment, and related agencies
for the fiscal year ending September 30, 2006, and for other
purposes, namely:
[TITLE I--DEPARTMENT OF THE INTERIOR
[Bureau of Land Management
[Management of lands and resources
[For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$845,783,000, to remain available until expended, of which
$1,000,000 is for high priority projects, to be carried out
by the Youth Conservation Corps; and of which $3,000,000
shall be available in fiscal year 2006 subject to a match by
at least an equal amount by the National Fish and Wildlife
Foundation for cost-shared projects supporting conservation
of Bureau lands; and
[[Page S7332]]
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
$845,783,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
[wildland fire management
[(including transfer of funds)
[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, $761,564,000,
to remain available until expended, of which not to exceed
$7,849,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for
fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation:
Provided further, That using the amounts designated under
this title of this Act, the Secretary of the Interior may
enter into procurement contracts, grants, or cooperative
agreements, for hazardous fuels reduction activities, and for
training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2)
Youth Conservation Corps crews or related partnerships with
State, local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts:
Provided further, That in implementing this section, the
Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the
authorities provided herein: Provided further, That funds
appropriated under this head may be used to reimburse the
United States Fish and Wildlife Service and the National
Marine Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required
by section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary
of the Interior may use wildland fire appropriations to enter
into non-competitive sole source leases of real property with
local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on
such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for
any such lease or for construction activity associated with
the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $9,000,000, between the
Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal
emergency response actions.
[construction
[For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $11,476,000, to
remain available until expended.
[land acquisition
[For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $3,817,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
[oregon and california grant lands
[For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $110,070,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).
[forest ecosystem health and recovery fund
[(revolving fund, special account)
[In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, implementing and monitoring salvage timber sales
and forest ecosystem health and recovery activities, such as
release from competing vegetation and density control
treatments. The Federal share of receipts (defined as the
portion of salvage timber receipts not paid to the counties
under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and
Public Law 106-393) derived from treatments funded by this
account shall be deposited into the Forest Ecosystem Health
and Recovery Fund.
[range improvements
[For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
[service charges, deposits, and forfeitures
[For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That,
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
[miscellaneous trust funds
[In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.
[administrative provisions
[Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on her certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501, the
Bureau may, under cooperative cost-sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards.
[[Page S7333]]
[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, $1,005,225,000,
to remain available until September 30, 2007, except as
otherwise provided herein: Provided, That $2,000,000 is for
high priority projects, which shall be carried out by the
Youth Conservation Corps: Provided further, That not to
exceed $18,130,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species
Act, as amended, for species that are indigenous to the
United States (except for processing petitions, developing
and issuing proposed and final regulations, and taking any
other steps to implement actions described in subsection
(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to
exceed $12,852,000 shall be used for any activity regarding
the designation of critical habitat, pursuant to subsection
(a)(3), excluding litigation support, for species listed
pursuant to subsection (a)(1) prior to October 1, 2005:
Provided further, That of the amount available for law
enforcement, up to $400,000, to remain available until
expended, may, at the discretion of the Secretary, be used
for payment for information, rewards, or evidence concerning
violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activity,
authorized or approved by the Secretary and to be accounted
for solely on her certificate: Provided further, That of the
amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for
contaminant sample analyses.
[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; $41,206,000, to remain available until
expended.
[land acquisition
[For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative 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, $14,937,000 to be derived
from the Land and Water Conservation Fund and to remain
available until expended: Provided, That land and non-water
interests acquired from willing sellers incidental to water
rights acquired for the transfer and use at Lower Klamath and
Tule Lake National Wildlife Refuges under this heading shall
be resold and the revenues therefrom shall be credited to
this account and shall be available without further
appropriation for the acquisition of water rights, including
acquisition of interests in lands incidental to such water
rights, for the two refuges: Provided further, That none of
the funds appropriated for specific land acquisition projects
can be used to pay for any administrative overhead, 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, $23,700,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That the amount provided herein is for a Landowner
Incentive Program established by the Secretary that provides
matching, competitively awarded grants to States, the
District of Columbia, federally recognized Indian tribes,
Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, and American Samoa, to establish or
supplement existing landowner incentive programs that provide
technical and financial assistance, including habitat
protection and restoration, to private landowners for the
protection and management of habitat to benefit federally
listed, proposed, candidate, or other at-risk species on
private lands.
[private stewardship grants
[For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
private conservation efforts to be carried out on private
lands, $7,386,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That the amount provided herein is for the Private
Stewardship Grants Program established by the Secretary to
provide grants and other assistance to individuals and groups
engaged in private conservation efforts that benefit
federally listed, proposed, candidate, or other at-risk
species.
[cooperative endangered species conservation fund
[For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as
amended, $84,400,000, of which $20,161,000 is to be derived
from the Cooperative Endangered Species Conservation Fund and
$64,239,000 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, $40,000,000 to remain available until expended.
[neotropical migratory bird conservation
[For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
with the Neotropical Migratory Bird Conservation Act, Public
Law 106-247 (16 U.S.C. 6101-6109), $4,000,000, to remain
available until expended.
[multinational species conservation fund
[For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros
and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), the
Great Ape Conservation Act of 2000 (16 U.S.C. 6301), and, the
Marine Turtle Conservation Act of 2004 (Public Law 108-266;
16 U.S.C. 6601), $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, $65,000,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That of the amount provided herein, $6,000,000 is
for a competitive grant program for Indian tribes not subject
to the remaining provisions of this appropriation: Provided
further, That the Secretary shall, after deducting said
$6,000,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 50 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That no State,
territory, or other jurisdiction shall receive a grant unless
it has developed, by October 1, 2005, a comprehensive
wildlife conservation plan, consistent with criteria
established by the Secretary of the Interior, that considers
the broad range of the State, territory, or other
jurisdiction's wildlife and associated habitats, with
appropriate priority placed on those species with the
greatest conservation need and taking into consideration the
relative level of funding available for the conservation of
those species: Provided further, That no State, territory, or
other jurisdiction shall receive a grant if its comprehensive
wildlife conservation plan is disapproved and such funds that
would have been distributed to such State, territory, or
other jurisdiction shall be distributed equitably to States,
territories, and other jurisdictions with approved plans:
Provided further, That any amount apportioned in 2006 to any
State, territory, or other jurisdiction that remains
unobligated as of September 30, 2007, shall be reapportioned,
together with funds appropriated in 2008, in the manner
provided herein: Provided further, That balances from amounts
previously appropriated under the heading ``State Wildlife
Grants'' shall be transferred to and merged with this
appropriation and shall remain available until expended.
[administrative provisions
[Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
passenger motor vehicles; repair of damage to public roads
[[Page S7334]]
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,
$1,754,199,000, of which $30,000,000 is provided above the
budget request to be distributed to all park areas on a pro-
rate basis and to remain in the park base; of which
$9,892,000 is for planning and interagency coordination in
support of Everglades restoration and shall remain available
until expended; of which $97,600,000, to remain available
until September 30, 2007, is for maintenance, repair or
rehabilitation projects for constructed assets, operation of
the National Park Service automated facility management
software system, and comprehensive facility condition
assessments; of which $1,937,000 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, $82,411,000.
[national recreation and preservation
[For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise
provided for, $48,997,000: Provided, That none of the funds
in this Act for the River, Trails and Conservation Assistance
program may be used for cash agreements, or for cooperative
agreements that are inconsistent with the program's final
strategic plan.
[historic preservation fund
[For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $72,705,000, to be derived from the Historic
Preservation Fund, to remain available until September 30,
2007, of which $30,000,000 shall be for Save America's
Treasures for preservation of nationally significant sites,
structures, and artifacts: 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: Provided further, That all
projects to be funded shall be approved by the Secretary of
the Interior in consultation with the House and Senate
Committees on Appropriations and the President's Committee on
the Arts and Humanities prior to the commitment of Save
America's Treasures 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: Provided
further, That hereinafter and notwithstanding 20 U.S.C. 951
et seq. the National Endowment for the Arts may award Save
America's Treasures grants based upon the recommendations of
the Save America's Treasures grant selection panel convened
by the President's Committee on the Arts and the Humanities
and the National Park Service.
[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, $308,230,000, to remain available
until expended, of which $17,000,000 for modified water
deliveries to Everglades National Park shall be derived by
transfer from unobligated balances in the ``Land Acquisition
and State Assistance'' account for Everglades National Park
land acquisitions: Provided, That none of the funds available
to the National Park Service may be used to plan, design, or
construct any partnership project with a total value in
excess of $5,000,000, without advance approval of the House
and Senate Committees on Appropriations: Provided further,
That, notwithstanding any other provision of law, the
National Park Service may not accept donations or services
associated with the planning, design, or construction of such
new facilities without advance approval of the House and
Senate Committees on Appropriations: Provided further, That
funds provided under this heading for implementation of
modified water deliveries to Everglades National Park shall
be expended consistent with the requirements of the fifth
proviso under this heading in Public Law 108-108: Provided
further, That none of the funds provided in this or any other
Act may be used for planning, design, or construction of any
underground security screening or visitor contact facility at
the Washington Monument until such facility has been approved
in writing by the House and Senate Committees on
Appropriations.
[land and water conservation fund
[(rescission)
[The contract authority provided for fiscal year 2006 by 16
U.S.C. 460l-10a is rescinded.
[land acquisition and state assistance
[For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $9,421,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $1,587,000 is for the administration
of the State assistance program.
[administrative provisions
[Appropriations for the National Park Service shall be
available for the purchase of not to exceed 245 passenger
motor vehicles, of which 199 shall be for replacement only,
including not to exceed 193 for police-type use, 10 buses,
and 8 ambulances: Provided, That none of the funds
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 in fiscal year 2006 and thereafter, appropriations
available to the National Park Service may be used to
maintain the following areas in Washington, District of
Columbia: Jackson Place, Madison Place, and Pennsylvania
Avenue between 15th and 17th Streets, Northwest.
[None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
[The National Park Service may distribute to operating
units based on the safety record of each unit the costs of
programs designed to improve workplace and employee safety,
and to encourage employees receiving workers' compensation
benefits pursuant to chapter 81 of title 5, United States
Code, to return to appropriate positions for which they are
medically able.
[If the Secretary of the Interior considers the decision of
any value determination proceeding conducted under a National
Park Service concession contract issued prior to November 13,
1998, to misinterpret or misapply relevant contractual
requirements or their underlying legal authority, the
Secretary may seek, within 180 days of any such decision, the
de novo review of the value determination by the United
States Court of Federal Claims, and that court may make an
order affirming, vacating, modifying or correcting the
determination.
[In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the
National Park System to extinguish or reduce liability for
Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that
the benefiting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of
funds used to extinguish or reduce liability. Franchise fees
at the benefiting unit
[[Page S7335]]
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); 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; $974,586,000, of which $63,770,000 shall be
available only for cooperation with States or municipalities
for water resources investigations; of which $8,000,000 shall
remain available until expended for satellite operations; of
which $23,320,000 shall be available until September 30,
2007, for the operation and maintenance of facilities and
deferred maintenance; of which $1,600,000 shall be available
until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost; and of
which $174,765,000 shall be available until September 30,
2007, for the biological research activity and the operation
of the Cooperative Research Units: Provided, That none of the
funds provided for the biological research activity shall be
used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner:
Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic
mapping or water resources data collection and investigations
carried on in cooperation with States and municipalities.
[administrative provisions
[The amount appropriated for the United States Geological
Survey shall be available for the purchase and replacement of
passenger motor vehicles; reimbursement to the General
Services Administration for security guard services;
contracting for the furnishing of topographic maps and for
the making of geophysical or other specialized surveys when
it is administratively determined that such procedures are in
the public interest; construction and maintenance of
necessary buildings and appurtenant facilities; acquisition
of lands for gauging stations and observation wells; expenses
of the United States National Committee on Geology; and
payment of compensation and expenses of persons on the rolls
of the Survey duly appointed to represent the United States
in the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of
students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5,
United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States
Code, relating to tort claims, but shall not be considered to
be Federal employees for any other purposes.
[Minerals Management Service
[royalty and offshore minerals management
[For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only, $152,676,000, of which $77,529,000
shall be available for royalty management activities; and an
amount not to exceed $122,730,000, to be credited to this
appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in
effect on August 5, 1993, from rate increases to fee
collections for Outer Continental Shelf administrative
activities performed by the Minerals Management Service (MMS)
over and above the rates in effect on September 30, 1993, and
from additional fees for Outer Continental Shelf
administrative activities established after September 30,
1993: Provided, That to the extent $122,730,000 in additions
to receipts are not realized from the sources of receipts
stated above, the amount needed to reach $122,730,000 shall
be credited to this appropriation from receipts resulting
from rental rates for Outer Continental Shelf leases in
effect before August 5, 1993: Provided further, That
$3,000,000 for computer acquisitions shall remain available
until September 30, 2007: Provided further, That not to
exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other
provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of MMS concurred
with the claimed refund due, to pay amounts owed to Indian
allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That in fiscal year
2006 and thereafter, the MMS may under the royalty-in-kind
program, or under its authority to transfer oil to the
Strategic Petroleum Reserve, use a portion of the revenues
from royalty-in-kind sales, without regard to fiscal year
limitation, to pay for transportation to wholesale market
centers or upstream pooling points, to process or otherwise
dispose of royalty production taken in kind, and to recover
MMS transportation costs, salaries, and other administrative
costs directly related to the royalty-in-kind program:
Provided further, That MMS shall analyze and document the
expected return in advance of any royalty-in-kind sales to
assure to the maximum extent practicable that royalty income
under the program is equal to or greater than royalty income
recognized under a comparable royalty-in-value program.
[oil spill research
[For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $7,006,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
[Office of Surface Mining Reclamation and Enforcement
[regulation and technology
[For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, including the purchase of not to
exceed 10 passenger motor vehicles, for replacement only;
$110,435,000: Provided, That the Secretary of the Interior,
pursuant to regulations, may use directly or through grants
to States, moneys collected in fiscal year 2006 for civil
penalties assessed under section 518 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1268), to
reclaim lands adversely affected by coal mining practices
after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
[abandoned mine reclamation fund
[For necessary expenses to carry out title IV of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, including the purchase of not more
than 10 passenger motor vehicles for replacement only,
$188,014,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended;
of which up to $10,000,000, to be derived from the Federal
Expenses Share of the Fund, shall be for supplemental grants
to States for the reclamation of abandoned sites with acid
mine rock drainage from coal mines, and for associated
activities, through the Appalachian Clean Streams Initiative:
Provided, That grants to minimum program States will be
$1,500,000 per State in fiscal year 2006: Provided further,
That pursuant to Public Law 97-365, the Department of the
Interior is authorized to use up to 20 percent from the
recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must be
consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
amounts allocated under section 402(g)(2) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(g)(2)) as of September 30, 2005, but not appropriated as
of that date, are reallocated to the allocation established
in section 402(g)(3) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(g)(3)): Provided
further, That amounts provided under this heading may be used
for the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
[administrative provisions
[With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other
technical equipment to State and Tribal regulatory and
reclamation programs.
[Bureau of Indian Affairs
[operation of indian programs
[For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of 1978
(25 U.S.C. 2001-2019), and the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$1,992,737,000, to remain available until
[[Page S7336]]
September 30, 2007 except as otherwise provided herein, of
which not to exceed $86,462,000 shall be for welfare
assistance payments and notwithstanding any other provision
of law, including but not limited to the Indian Self-
Determination Act of 1975, as amended, not to exceed
$134,609,000 shall be available for payments to tribes and
tribal organizations for contract support costs associated
with ongoing contracts, grants, compacts, or annual funding
agreements entered into with the Bureau prior to or during
fiscal year 2006, as authorized by such Act, of which
$129,609,000 shall be available for indirect contract support
costs and $5,000,000 shall be available for direct contract
support costs, except that tribes and tribal organizations
may use their tribal priority allocations for unmet contract
support costs of ongoing contracts, grants, or compacts, or
annual funding agreements and for unmet welfare assistance
costs; and of which not to exceed $478,085,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2006, and shall
remain available until September 30, 2007; and of which not
to exceed $61,267,000 shall remain available until expended
for housing improvement, road maintenance, attorney fees,
litigation support, the Indian Self-Determination Fund, land
records improvement, and the Navajo-Hopi Settlement Program:
Provided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$44,718,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with
ongoing grants entered into with the Bureau prior to or
during fiscal year 2005 for the operation of Bureau-funded
schools, and up to $500,000 within and only from such amounts
made available for school operations shall be available for
the transitional costs of initial administrative cost grants
to tribes and tribal organizations that enter into grants for
the operation on or after July 1, 2005, of Bureau-operated
schools: Provided further, That any forestry funds allocated
to a tribe which remain unobligated as of September 30, 2007,
may be transferred during fiscal year 2008 to an Indian
forest land assistance account established for the benefit of
such tribe within the tribe's trust fund account: Provided
further, That any such unobligated balances not so
transferred shall expire on September 30, 2008.
[construction
[For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $284,137,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2006, in implementing
new construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100-297, as
amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary
shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(b), with
respect to organizational and financial management
capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2504(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2507(e): Provided further, That in
order to ensure timely completion of replacement school
construction projects, the Secretary may assume control of a
project and all funds related to the project, if, within
eighteen months of the date of enactment of this Act, any
tribe or tribal organization receiving funds appropriated in
this Act or in any prior Act, has not completed the planning
and design phase of the project and commenced construction of
the replacement school: Provided further, That this
Appropriation may be reimbursed from the Office of the
Special Trustee for American Indians Appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.
[indian land and water claim settlements and miscellaneous payments to
indians
[For miscellaneous payments to Indian tribes and
individuals and for necessary administrative expenses,
$34,754,000, to remain available until expended, for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 106-554,
107-331, and 108-34, and for implementation of other land and
water rights settlements, of which $10,000,000 shall be
available for payment to the Quinault Indian Nation pursuant
to the terms of the North Boundary Settlement Agreement dated
July 14, 2000, providing for the acquisition of perpetual
conservation easements from the Nation.
[indian guaranteed loan program account
[For the cost of guaranteed and insured loans, $6,348,000,
of which $701,000 is for administrative expenses, as
authorized by the Indian Financing Act of 1974, as amended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$118,884,000.
[administrative provisions
[The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts,
cooperative 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.
[Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if a tribe or tribal organization in fiscal year 2003 or 2004
received indirect and administrative costs pursuant to a
distribution formula based on section 5(f) of Public Law 101-
301, the Secretary shall continue to distribute indirect and
administrative cost funds to such tribe or tribal
organization using the section 5(f) distribution formula.
[Departmental Offices
[Insular Affairs
[assistance to territories
[For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$76,563,000, of which: (1) $69,182,000 shall be available
until
[[Page S7337]]
expended for technical assistance, including maintenance
assistance, disaster assistance, insular management controls,
coral reef initiative activities, and brown tree snake
control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (48
U.S.C. 1661(c)); grants to the Government of American Samoa,
in addition to current local revenues, for construction and
support of governmental functions; grants to the Government
of the Virgin Islands as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $7,381,000
shall be available for salaries and expenses of the Office of
Insular Affairs: Provided, That all financial transactions of
the territorial and local governments herein provided for,
including such transactions of all agencies or
instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 104-134: Provided
further, That of the amounts provided for technical
assistance, sufficient funds shall be made available for a
grant to the Pacific Basin Development Council: Provided
further, That of the amounts provided for technical
assistance, sufficient funding shall be made available for a
grant to the Close Up Foundation: Provided further, That the
funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine
operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
[compact of free association
[For grants and necessary expenses, $5,362,000, to remain
available until expended, as provided for in sections
221(a)(2), 221(b), and 233 of the Compact of Free Association
for the Republic of Palau; and section 221(a)(2) of the
Compacts of Free Association for the Government of the
Republic of the Marshall Islands, and the Government of the
United States and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188.
[Departmental Management
[salaries and expenses
[For necessary expenses for management of the Department of
the Interior, $118,755,000 (reduced by $8,000,000) (reduced
by $13,000,000) of which not to exceed $8,500 may be for
official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of
Mines: Provided, That none of the funds in this 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.
[payments in lieu of taxes
[For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $230,000,000
(increased by $12,000,000), of which not to exceed $400,000
shall be available for administrative expenses: Provided,
That no payment shall be made to otherwise eligible units of
local government if the computed amount of the payment is
less than $100.
[central hazardous materials fund
[For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$9,855,000, to remain available until expended: Provided,
That, 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.
[Office of the Solicitor
[salaries and expenses
[For necessary expenses of the Office of the Solicitor,
$55,340,000.
[Office of Inspector General
[salaries and expenses
[For necessary expenses of the Office of Inspector General,
$39,566,000.
[Office of Special Trustee for American Indians
[federal trust programs
[For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $191,593,000, to remain available until expended, of
which not to exceed $58,000,000 from this or any other Act,
shall be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs, ``Operation of Indian Programs''
account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Departmental Management,
``Salaries and Expenses'' account: Provided further, That
funds made available to Tribes and Tribal organizations
through contracts or grants obligated during fiscal year
2006, as authorized by the Indian Self-Determination Act of
1975 (25 U.S.C. 450 et seq.), shall remain available until
expended by the contractor or grantee: Provided further,
That, notwithstanding any other provision of law, the statute
of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the
enactment of this Act, concerning losses to or mismanagement
of trust funds, until the affected tribe or individual Indian
has been furnished with an accounting of such funds from
which the beneficiary can determine whether there has been a
loss: Provided further, That, notwithstanding any other
provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian
trust account that has not had activity for at least 18
months and has a balance of $1.00 or less: Provided further,
That the Secretary shall issue an annual account statement
and maintain a record of any such accounts and shall permit
the balance in each such account to be withdrawn upon the
express written request of the account holder: Provided
further, That not to exceed $50,000 is available for the
Secretary to make payments to correct administrative errors
of either disbursements from or deposits to Individual Indian
Money or Tribal accounts after September 30, 2002: Provided
further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this
purpose.
[indian land consolidation
[For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $34,514,000, to remain available until expended,
and which may be transferred to the Bureau of Indian Affairs
and Departmental Management accounts: Provided, That funds
provided under this heading may be expended pursuant to the
authorities contained in the provisos under the heading
``Office of Special Trustee for American Indians, Indian Land
Consolidation'' of the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106-291).
[Natural Resources Damage Assessment and Restoration
[natural resource damage assessment fund
[To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et
seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et
seq.), $6,106,000, to remain available until expended.
[administrative provisions
[There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft:
Provided further, That no programs funded with appropriated
funds in the ``Departmental Management'', ``Office of the
Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund: Provided further,
That the annual budget justification for Departmental
Management shall describe estimated Working Capital Fund
charges to bureaus and offices, including the methodology on
which charges are based: Provided further, That departures
from the Working Capital Fund estimates contained in the
Departmental Management budget justification shall be
presented to the Committees on Appropriations for approval:
Provided further, That the Secretary shall provide a semi-
annual report to the Committees on Appropriations on
reimbursable support agreements between the Office of the
Secretary and the National Business Center and the bureaus
and offices of the Department, including the amounts billed
pursuant to such agreements.
[[Page S7338]]
[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, 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, and must be replenished by
a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
[Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
[Sec. 104. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June
12, 1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and
the eastern Gulf of Mexico south of 26 degrees north latitude
and east of 86 degrees west longitude.
[Sec. 105. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer
Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
2002.
[Sec. 106. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
[Sec. 107. 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. 108. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings
shall be available for expenditure or 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. 109. 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. 110. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2006. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
[Sec. 111. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2006 shall
be allocated among the schools proportionate to the unmet
need of the schools as determined by the Postsecondary
Funding Formula adopted by the Office of Indian Education
Programs.
[Sec. 112. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as 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. 113. The Secretary of the Interior may use or
contract for the use of helicopters or motor vehicles on the
Sheldon and Hart National Wildlife Refuges for the purpose of
capturing and transporting horses and burros. The provisions
of subsection (a) of the Act of September 8, 1959 (18 U.S.C.
47(a)) shall not be applicable to such use. Such use shall be
in accordance with humane procedures prescribed by the
Secretary.
[Sec. 114. Funds provided in this Act for Federal land
acquisition by the National Park Service for Shenandoah
Valley Battlefields National Historic District and Ice Age
National Scenic Trail may be used for a grant to a State, a
local government, or any other land management entity for the
acquisition of lands without regard to any restriction on the
use of Federal land acquisition funds provided through the
Land and Water Conservation Fund Act of 1965 as amended.
[Sec. 115. None of the funds made available by this Act may
be obligated or expended by the National Park Service to
enter into or implement a concession contract which permits
or requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
[Sec. 116. None of the funds made available in this Act may
be used: (1) to demolish the bridge between 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. 117. None of the funds in this or any other Act can
be used to compensate the Special Master and the Special
Master-Monitor, and all variations thereto, 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. 118. 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. 119. 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. 120. Such sums as may be necessary from
``Departmental Management, Salaries
[[Page S7339]]
and Expenses'', may be transferred to ``United States Fish
and Wildlife Service, Resource Management'' for operational
needs at the Midway Atoll National Wildlife Refuge airport.
[Sec. 121. (a) In General.--Nothing in section 134 of the
Department of the Interior and Related Agencies
Appropriations Act, 2002 (115 Stat. 443) affects the 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. 122. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study
or implement any plan to drain Lake Powell or to reduce the
water level of the lake below the range of water levels
required for the operation of the Glen Canyon Dam.
[Sec. 123. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act
(25 U.S.C. 2717(a)), the total amount of all fees imposed by
the National Indian Gaming Commission for fiscal year 2007
shall not exceed $12,000,000.
[Sec. 124. Notwithstanding any implementation of the
Department of the Interior's trust reorganization or
reengineering plans, or the implementation of the ``To Be''
Model, funds appropriated for fiscal year 2006 shall be
available to the tribes within the California Tribal Trust
Reform Consortium and to the Salt River Pima-Maricopa Indian
Community, the Confederated Salish and Kootenai Tribes of the
Flathead Reservation and the Chippewa Cree Tribe of the Rocky
Boys Reservation through the same methodology as funds were
distributed in fiscal year 2004. This Demonstration Project
shall continue to operate separate and apart from the
Department of the Interior's trust reform and reorganization
and the Department shall not impose its trust management
infrastructure upon or alter the existing trust resource
management systems of the above referenced tribes having a
self-governance compact and operating in accordance with the
Tribal Self-Governance Program set forth in 25 U.S.C. 458aa-
458hh: Provided, That the California Trust Reform Consortium
and any other participating tribe agree to carry out their
responsibilities under the same written and implemented
fiduciary standards as those being carried by the Secretary
of the Interior: Provided further, That they demonstrate to
the satisfaction of the Secretary that they have the
capability to do so: Provided further, That the Department
shall provide funds to the tribes in an amount equal to that
required by 25 U.S.C. 458cc(g)(3), including funds
specifically or functionally related to the provision of
trust services to the tribes or their members.
[Sec. 125. Notwithstanding any provision of law, including
42 U.S.C. 4321 et. seq., nonrenewable grazing permits
authorized in the Jarbidge Field Office, Bureau of Land
Management within the past 9 years, shall be renewed. The
Animal Unit Months contained in the most recently expired
nonrenewable grazing permit, authorized between March 1,
1997, and February 28, 2003, shall continue in effect under
the renewed permit. Nothing in this section shall be deemed
to extend the nonrenewable permits beyond the standard 1-year
term.
[Sec. 126. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
[Sec. 127. Upon the request of the permittee for the Clark
Mountain Allotment lands adjacent to the Mojave National
Preserve, the Secretary shall also issue a special use permit
for that portion of the grazing allotment located within the
Preserve. The special use permit shall be issued with the
same terms and conditions as the most recently-issued permit
for that allotment and the Secretary shall consider the
permit to be one transferred in accordance with section 325
of Public Law 108-108.
[Sec. 128. Notwithstanding any other provision of law, the
National Park Service final winter use rules published in
part VII of the Federal Register for November 10, 2004, 69
Fed. Reg. 65348 et seq., shall be in force and effect for the
winter use season of 2005-2006 that commences on or about
December 15, 2005.
[Sec. 129. None of the funds in this Act may be used to
compensate more than 34 full time equivalent employees in the
Department's Office of Law Enforcement and Security. The
total number of staff detailed from other offices and
reimbursable staff may not exceed 8 at any given time.
[TITLE II--ENVIRONMENTAL PROTECTION AGENCY
[science and technology
[For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended; necessary expenses for personnel and related costs
and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376;
procurement of laboratory equipment and supplies; other
operating expenses in support of research and development;
construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$765,340,000 which shall remain available until September 30,
2007.
[environmental programs and management
[For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to
exceed $9,000 for official reception and representation
expenses, $2,389,491,000 (increased by $1,903,000) (reduced
by $1,903,000), which shall remain available until September
30, 2007, including administrative costs of the brownfields
program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002.
[office of inspector general
[For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, and for construction, alteration,
repair, rehabilitation, and renovation of facilities, not to
exceed $85,000 per project, $37,955,000 to remain available
until September 30, 2007.
[buildings and facilities
[For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$40,218,000 to remain available until expended.
[hazardous substance superfund
[(including transfers of funds)
[For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including sections 111(c)(3),
(c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for
construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,258,333,000, to remain available until expended,
consisting of such sums as are available in the Trust Fund
upon the date of enactment of this Act as authorized by
section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,258,333,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA, as amended: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in
accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading,
$13,536,000 shall be transferred to the ``Office of Inspector
General'' appropriation to remain available until September
30, 2007, and $30,606,000 shall be transferred to the
``Science and technology'' appropriation to remain available
until September 30, 2007.
[leaking underground storage tank program
[For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by section 205 of
the Superfund Amendments and Reauthorization Act of 1986, and
for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$73,027,000, to remain available until expended.
[oil spill response
[For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $15,863,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
[state and tribal assistance grants
[(including rescissions of funds)
[For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,127,800,000, to remain
available until expended, of which $750,000,000 shall be for
making capitalization grants for the Clean Water State
Revolving Funds under title VI
[[Page S7340]]
of the Federal Water Pollution Control Act, as amended (the
``Act''), of which up to $50,000,000 shall be available for
loans, including interest free loans as authorized by 33
U.S.C. 1383(d)(1)(A), to municipal, inter-municipal,
interstate, or State agencies or nonprofit entities for
projects that provide treatment for or that minimize sewage
or stormwater discharges using one or more approaches which
include, but are not limited to, decentralized or distributed
stormwater controls, decentralized wastewater treatment, low-
impact development practices, conservation easements, stream
buffers, or wetlands restoration; $850,000,000 shall be for
capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act, as
amended; $50,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; $15,000,000 shall be for grants to the State of
Alaska to address drinking water and waste infrastructure
needs of rural and Alaska Native Villages; $200,000,000 shall
be for making grants for the construction of drinking water,
wastewater and storm water infrastructure and for water
quality protection (``special project grants'') in accordance
with the terms and conditions specified for such grants in
the joint explanatory statement of the managers accompanying
this Act, and, for purposes of these grants, each grantee
shall contribute not less than 45 percent of the cost of the
project unless the grantee is approved for a waiver by the
Agency; $95,500,000 (increased by $2,000,000) shall be to
carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA),
as amended, including grants, interagency agreements, and
associated program support costs; $4,000,000 shall be for a
grant to Puerto Rico for drinking water infrastructure
improvements to the Metropolitano community water system in
San Juan; $10,000,000 for cost-shared grants for school bus
retrofit and replacement projects that reduce diesel
emissions: Provided, That $1,153,300,000 (reduced by
$2,000,000) shall be for grants, including associated program
support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution
control agencies for multi-media or single media pollution
prevention, control and abatement and related activities,
including activities pursuant to the provisions set forth
under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate
matter monitoring and data collection activities of which and
subject to terms and conditions specified by the
Administrator, of which $52,000,000 (reduced by $2,000,000)
shall be for carrying out section 128 of CERCLA, as amended,
and $20,000,000 shall be for Environmental Information
Exchange Network grants, including associated program support
costs, and $15,000,000 shall be for making competitive
targeted watershed grants: Provided further, That
notwithstanding section 603(d)(7) of the Act, the limitation
on the amounts in a State water pollution control revolving
fund that may be used by a State to administer the fund shall
not apply to amounts included as principal in loans made by
such fund in fiscal year 2006 and prior years where such
amounts represent costs of administering the fund to the
extent that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund,
including administration: Provided further, That for fiscal
year 2006, and notwithstanding section 518(f) of the Act, the
Administrator is authorized to use the amounts appropriated
for any fiscal year under section 319 of that Act to make
grants to Indian tribes pursuant to sections 319(h) and
518(e) of that Act: Provided further, That for fiscal year
2006, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 1\1/2\ percent of the
funds appropriated for State Revolving Funds under title VI
of that Act may be reserved by the Administrator for grants
under section 518(c) of that Act: Provided further, That no
funds provided by this legislation to address the water,
wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico
border shall be made available to a county or municipal
government unless that government has established an
enforceable local ordinance, or other zoning rule, which
prevents in that jurisdiction the development or construction
of any additional colonia areas, or the development within an
existing colonia the construction of any new home, business,
or other structure which lacks water, wastewater, or other
necessary infrastructure: Provided further, That,
notwithstanding any other provision of law, such funds that
were appropriated under this heading for special project
grants in fiscal year 2000 or before and for which the Agency
has not received an application and issued a grant by
September 30, 2006, shall be made available to the Clean
Water or Drinking Water Revolving Fund, as appropriate, for
the State in which the special project grant recipient is
located: Provided further, That excess funds remaining after
completion of a special project grant shall be made available
to the Clean Water or Drinking Water Revolving Fund, as
appropriate, for the State in which the special project grant
recipient is located: Provided further, That in the event
that a special project is determined by the Agency to be
ineligible for a grant, the funds for that project shall be
made available to the Clean Water or Drinking Water Revolving
Fund, as appropriate, for the State in which the special
project grant recipient is located: Provided further, That
notwithstanding this or previous appropriations Acts, after
consultation with the House and Senate Committees on
Appropriations and for the purposes of making technical
corrections, the Administrator is authorized to award grants
to entities under this heading for purposes other than those
listed in the joint explanatory statements of the managers
accompanying the Agency's appropriations Acts for the
construction of drinking water, waste water and storm water
infrastructure, and for water quality protection.
[For an additional amount for the Clean Water State
Revolving Fund, $100,000,000 shall be made available from the
rescissions of multi-year and no-year funding, previously
appropriated to the Environmental Protection Agency, the
availability of which under the original appropriation
accounts has not expired, and $100,000,000 in such funding is
hereby rescinded: Provided, That such rescissions shall be
taken solely from amounts associated with grants, contracts,
and interagency agreements whose availability under the
original period for obligation for such grant, contract, or
interagency agreement has expired based on the April 2005
review by the Government Accountability Office.
[administrative provisions
[For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1)
and 6305(1), the Administrator of the Environmental
Protection Agency, in carrying out the Agency's function to
implement directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally-
recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian Tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
[The Administrator of the Environmental Protection Agency
is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (as added by
subsection (f)(2) of the Pesticide Registration Improvement
Act of 2003), as amended.
[Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated
funds for fiscal year 2006 may be used to award grants or
loans under section 104(k) of CERCLA to eligible entities
that satisfy all of the elements set forth in CERCLA section
101(40) to qualify as a bona fide prospective purchaser
except that the date of acquisition of the property was prior
to the date of enactment of the Small Business Liability
Relief and Brownfield Revitalization Act of 2001.
[For fiscal years 2006 through 2011, the Administrator may,
after consultation with the Office of Personnel Management,
make not to exceed five appointments in any fiscal year under
the authority provided in 42 U.S.C. 209 for the Office of
Research and Development.
[TITLE III--RELATED AGENCIES
[DEPARTMENT OF AGRICULTURE
[Forest Service
[forest and rangeland research
[For necessary expenses of forest and rangeland research as
authorized by law, $285,000,000, to remain available until
expended: Provided, That of the funds provided, $62,100,000
is for the forest inventory and analysis program.
[state and private forestry
[For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry,
and education and land conservation activities and conducting
an international program as authorized, $254,875,000, to
remain available until expended, as authorized by law of
which $25,000,000 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: Provided further, That of the funds provided herein,
$1,000,000 shall be provided to Custer County, Idaho, for
economic development in accordance with the Central Idaho
Economic Development and Recreation Act, subject to
authorization.
[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,
$1,423,920,000 (reduced by $7,000,000) (increased by
$1,000,000), to remain available until expended, which shall
include 50 percent of all moneys received during prior fiscal
years as fees collected under the Land
[[Page S7341]]
and Water Conservation Fund Act of 1965, as amended, in
accordance with section 4 of the Act (16 U.S.C. 460l-6a(i)):
Provided, That unobligated balances under this heading
available at the start of fiscal year 2006 shall be displayed
by budget line item in the fiscal year 2007 budget
justification.
[wildland fire management
[(including transfer of funds)
[For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuels reduction on
or adjacent to such lands, and for emergency rehabilitation
of burned-over National Forest System lands and water,
$1,790,506,000, 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 2005 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, $286,000,000 is for hazardous fuels
reduction activities, $9,281,000 is for rehabilitation and
restoration, $21,719,000 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.), $41,000,000 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 the report accompanying this Act:
Provided further, That funds provided under this heading for
hazardous fuels treatments may be transferred to and made a
part of the ``National Forest System'' account at the sole
discretion of the Chief of the Forest Service thirty days
after notifying the House and the Senate Committees on
Appropriations: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the
Forest Service under the State and Private Forestry
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 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 $9,000,000,
between the Departments when such transfers would facilitate
and expedite jointly funded wildland fire management programs
and projects: Provided further, That funds designated for
wildfire suppression, shall be assessed for indirect costs,
in a manner consistent with such assessments against other
agency programs.
[capital improvement and maintenance
[For necessary expenses of the Forest Service, not
otherwise provided for, $468,260,000, 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, $15,000,000, 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), $64,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
[management of national forest lands for subsistence uses
[For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $5,467,000, to remain available until
expended.
[administrative provisions, forest service
[Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of passenger
motor vehicles; acquisition of passenger motor vehicles from
excess sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft from
excess sources to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law,
existing aircraft being replaced may be sold, with proceeds
derived or trade-in value used to offset the purchase price
for the replacement aircraft; (2) services pursuant to 7
U.S.C. 2225, and not to exceed $100,000 for employment under
5 U.S.C. 3109; (3) purchase, erection, and alteration of
buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5
U.S.C. 5901-5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
[None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close
any regional office for National Forest System administration
of the Forest Service, Department of Agriculture without the
consent of the House and Senate Committees on Appropriations.
[Any appropriations or funds available to the Forest
Service may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the House and Senate
Committees on Appropriations and if and only if all
previously appropriated emergency contingent funds under the
heading ``Wildland Fire Management'' have been released by
the President and apportioned and all wildfire suppression
funds under the heading ``Wildland Fire Management'' are
obligated.
[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
[[Page S7342]]
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, however
in fiscal year 2006 the Forest Service may transfer funds to
the ``National Forest System'' account from other agency
accounts to enable the agency's law enforcement program to
pay full operating costs including overhead.
[None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the report accompanying
this Act.
[Not more than $72,646,000 of 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, $4,000 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, $3,000,000
may be advanced in a lump sum to the National Forest
Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for administrative expenses
or projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That of the
Federal funds made available to the Foundation, no more than
$250,000 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 advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its
subrecipients.
[Funds appropriated to the Forest Service shall be
available for interactions with and providing technical
assistance to rural communities for sustainable rural
development purposes.
[Any appropriations or funds available to the Forest
Service may be used for necessary expenses in the event of
law enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That such
amounts shall not exceed $500,000.
[An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
[Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c)
of the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
[For each fiscal year through 2009, funds available to the
Forest Service in this Act may be used for the purpose of
expenses associated with primary and secondary schooling for
dependents of agency personnel stationed in Puerto Rico prior
to the date of enactment of this Act, who are subject to
transfer and reassignment to other locations in the United
States, at a cost not in excess of those authorized for the
Department of Defense for the same area, when it is
determined by the Chief of the Forest Service that public
schools available in the locality are unable to provide
adequately for the education of such dependents.
[DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Indian Health Service
[indian health services
[For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, $2,732,298,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That up to $18,000,000 shall
remain available until expended, for the Indian Catastrophic
Health Emergency Fund: Provided further, That $507,021,000
for contract medical care shall remain available for
obligation until September 30, 2007: Provided further, That
of the funds provided, up to $27,000,000, to remain available
until expended, shall be used to carry out the loan repayment
program under section 108 of the Indian Health Care
Improvement Act: Provided further, That funds provided in
this Act may be used for one-year contracts and grants which
are to be performed in two fiscal years, so long as the total
obligation is recorded in the year for which the funds are
appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement
Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security
Act (exclusive of planning, design, or construction of new
facilities): Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship
programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided
further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That, notwithstanding any
other provision of law, of the amounts provided herein, not
to exceed $268,683,000 shall be for payments to tribes and
tribal organizations for contract or grant support costs
associated with contracts, grants, self-governance compacts
or annual funding agreements between the Indian Health
Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior to
or during fiscal year 2006, of which not to exceed $5,000,000
may be used for contract support costs associated with new or
expanded self-determination contracts, grants, self-
governance compacts or annual funding agreements: Provided
further, That 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: Provided further, That of the amounts
provided to the Indian Health Service, $15,000,000 is
provided for alcohol control, enforcement, prevention,
treatment, sobriety and wellness, and education in Alaska:
Provided further, That none of the funds may be used for
tribal courts or tribal ordinance programs or any program
that is not directly related to alcohol control, enforcement,
prevention, treatment, or sobriety: Provided further, That no
more than 15 percent may be used by any entity receiving
funding for administrative overhead including indirect costs:
Provided further, That the Bureau of Indian Affairs shall
collect from the Indian Health Service and tribes and tribal
organizations operating health facilities pursuant to Public
Law 93-638 such individually identifiable health information
relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals
With Disability Education Act, 20 U.S.C. 1400, et seq.
[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, $370,774,000, 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
[[Page S7343]]
shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal
facilities in conjunction with an existing interagency
agreement between the Indian Health Service and the General
Services Administration: Provided further, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, and construction of
the replacement health care facility in Barrow, Alaska, may
be used to purchase land up to approximately 8 hectares for a
site upon which to construct the new health care facility:
Provided further, That not to exceed $500,000 shall be placed
in a Demolition Fund, available until expended, to be used by
the Indian Health Service for demolition of Federal
buildings.
[administrative provisions, indian health service
[Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under
5 U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints;
purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by 5 U.S.C. 5901-5902;
and for expenses of attendance at meetings which are
concerned with the functions or activities for which the
appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or
activities.
[In accordance with the provisions of the Indian Health
Care Improvement Act, non-Indian patients may be extended
health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds
along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be
available without fiscal year limitation. Notwithstanding any
other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian
Health Service shall be administered under Public Law 86-121
(the Indian Sanitation Facilities Act) and Public Law 93-638,
as amended.
[Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation.
[None of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or
charges by the Department of Health and Human Services unless
identified in the budget justification and provided in this
Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process. Personnel
ceilings may not be imposed on the Indian Health Service nor
may any action be taken to reduce the full time equivalent
level of the Indian Health Service below the level in fiscal
year 2002 adjusted upward for the staffing of new and
expanded facilities, funding provided for staffing at the
Lawton, Oklahoma hospital in fiscal years 2003 and 2004,
critical positions not filled in fiscal year 2002, and
staffing necessary to carry out the intent of Congress with
regard to program increases.
[Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation.
[None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by
the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included
in an appropriations Act and enacted into law.
[With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in
advance with subsequent adjustment. The reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
which provided the funding. Such amounts shall remain
available until expended.
[Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or
technical assistance.
[The appropriation structure for the Indian Health Service
may not be altered without advance notification to the House
and Senate Committees on Appropriations.
[National Institutes of Health
[national institute of environmental health sciences
[For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended, and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $80,289,000.
[Agency for Toxic Substances and Disease Registry
[toxic substances and environmental public health
[For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; section 118(f) of
the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the Solid Waste
Disposal Act, as amended, $76,024,000, of which up to
$1,500,000, to remain available until expended, is for
Individual Learning Accounts for full-time equivalent
employees of the Agency for Toxic Substances and Disease
Registry: Provided, That notwithstanding any other provision
of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may
conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited health care providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2006,
and existing profiles may be updated as necessary.
[OTHER RELATED AGENCIES
[Executive Office of the President
[council on environmental quality and office of environmental quality
[For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $2,717,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
[Chemical Safety and Hazard Investigation Board
[salaries and expenses
[For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, and for
services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376, $9,200,000: Provided, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more
than three career Senior Executive Service positions:
Provided further, That notwithstanding any other provision of
law, the individual appointed to the position of Inspector
General of the Environmental Protection Agency (EPA) shall,
by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
[Office of Navajo and Hopi Indian Relocation
[salaries and expenses
[For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$8,601,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the
[[Page S7344]]
Office shall relocate any certified eligible relocatees who
have selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the
Navajo reservation or on the land acquired pursuant to 25
U.S.C. 640d-10.
[Institute of American Indian and Alaska Native Culture and Arts
Development
[payment to the institute
[For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$6,300,000.
[Smithsonian Institution
[salaries and expenses
[For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for
terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; up to five
replacement passenger vehicles; purchase, rental, repair, and
cleaning of uniforms for employees, $524,381,000, of which
not to exceed $10,992,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the
National Museum of African American History and Culture, and
the repatriation of skeletal remains program shall remain
available until expended; and of which $9,086,000 for the
reopening of the Patent Office Building and for fellowships
and scholarly awards shall remain available until September
30, 2007; and including such funds as may be necessary to
support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research
Centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments for long
term and swing space, as rent payable to the Smithsonian
Institution, and such rent payments may be deposited into the
general trust funds of the Institution to the extent that
federally supported activities are housed in the 900 H
Street, N.W. building in the District of Columbia: Provided
further, That this use of Federal appropriations shall not be
construed as debt service, a Federal guarantee of, a transfer
of risk to, or an obligation of, the Federal Government:
Provided further, That no appropriated funds may be used to
service debt which is incurred to finance the costs of
acquiring the 900 H Street building or of planning,
designing, and constructing improvements to such building.
[facilities capital
[For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel, $90,900,000,
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.
[administrative provisions, smithsonian institution
[None of the funds in this or any other Act may be used to
make any changes to the existing Smithsonian science programs
including closure of facilities, relocation of staff or
redirection of functions and programs without the advance
approval of the House and Senate Committees on
Appropriations.
[None of the funds in this or any other Act may be used to
initiate the design for any proposed expansion of current
space or new facility without consultation with the House and
Senate Appropriations Committees.
[None of the funds in this or any other Act may be used for
the Holt House located at the National Zoological Park in
Washington, D.C., unless identified as repairs to minimize
water damage, monitor structure movement, or provide interim
structural support.
[None of the funds available to the Smithsonian may be
reprogrammed without the advance 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, $97,100,000,
of which not to exceed $3,157,000 for the special exhibition
program shall remain available until expended.
[repair, restoration and renovation of buildings
[For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $16,200,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price:
Provided further, That, notwithstanding any other provision
of law, a single procurement for the Master Facilities Plan
renovation project at the National Gallery of Art may be
issued which includes the full scope of the Work Area #3
project: Provided further, That the solicitation and the
contract shall contain the clause ``availability of funds''
found at 48 CFR 52.232.18.
[John F. Kennedy Center for the Performing Arts
[operations and maintenance
[For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $17,800,000.
[construction
[For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $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, $9,085,000.
[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, $121,264,000 (increased by $10,000,000) shall be
available to the National Endowment for the Arts for the
support of projects and productions in the arts through
assistance to organizations and individuals pursuant to
sections 5(c) and 5(g) of the Act, including $14,922,000
(increased by $10,000,000) 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, $122,605,000 (increased by $5,000,000), shall be
available to the National Endowment for the Humanities for
support of activities in the humanities, pursuant to section
7(c) of the Act, and for administering the functions of the
Act, to remain available until expended.
[matching grants
[To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $15,449,000, to remain available until
expended, of which $10,000,000 shall be available to the
National Endowment for the Humanities for the purposes of
section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
[Administrative Provisions
[None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant
[[Page S7345]]
or contract documents which do not include the text of 18
U.S.C. 1913: Provided, That none of the funds appropriated to
the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may
approve grants up to $10,000, if in the aggregate this amount
does not exceed 5 percent of the sums appropriated for grant-
making purposes per year: Provided further, That such small
grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council
on the Arts to the Chairperson.
[Commission of Fine Arts
[salaries and expenses
[For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $1,893,000:
Provided, That the Commission is authorized to charge fees to
cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to
remain available until expended without further
appropriation.
[national capital arts and cultural affairs
[For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956(a)), as amended, $7,000,000: Provided, That no
one organization shall receive a grant in excess of $400,000
in a single year.
[Advisory Council on Historic Preservation
[salaries and expenses
[For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $4,860,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.
[National Capital Planning Commission
[salaries and expenses
[For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $8,177,000:
Provided, That one-quarter of 1 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),
$41,880,000, of which $1,874,000 for the museum's repair and
rehabilitation program and $1,246,000 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.
[White House Commission on the National Moment of Remembrance
[For necessary expenses of the White House Commission on
the National Moment of Remembrance, $250,000.
[TITLE IV--GENERAL PROVISIONS
[Sec. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
[Sec. 402. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete.
[Sec. 403. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
[Sec. 404. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
[Sec. 405. 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. 406. 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. 407. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
[(b) Exceptions.--The provisions of subsection (a) shall
not apply if the Secretary of the Interior determines that,
for the claim concerned: (1) a patent application was filed
with the Secretary on or before September 30, 1994; and (2)
all requirements established under sections 2325 and 2326 of
the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
[(c) Report.--On September 30, 2006, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section
314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
[(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.
[Sec. 408. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee reports for
the Bureau of Indian Affairs and the Indian Health Service by
Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, 106-113, 106-291, 107-63, 108-7, 108-108, and 108-447
for payments to tribes and tribal organizations for contract
support costs associated with self-determination or self-
governance contracts, grants, 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 2005 for such
purposes, except that, for the Bureau of Indian Affairs,
tribes and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing
contracts, grants, self-governance compacts or annual funding
agreements.
[Sec. 409. 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. 410. 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. 411. (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
[[Page S7346]]
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. 412. 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. 413. Amounts deposited during fiscal year 2005 in the
roads and trails fund provided for in the 14th paragraph
under the heading ``FOREST SERVICE'' of the Act of March 4,
1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the
Secretary of Agriculture, without regard to the State in
which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or
to carry out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of
roads, bridges, and trails on National Forest System lands in
the wildland-community interface where there is an abnormally
high risk of fire. The projects shall 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. 414. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach
promptly an individual on-duty with the agency being
contacted.
[Sec. 415. Prior to October 1, 2006, the Secretary of
Agriculture shall not be considered to be in violation of
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without
revision of the plan for a unit of the National Forest
System. Nothing in this section exempts the Secretary from
any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other
law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.
[Sec. 416. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
[Sec. 417. 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 ``40'' and inserting
``60'';
[(2) in subsection (c) by striking ``13'' and inserting
``25''; and
[(3) in subsection (d), by striking ``2008'' and inserting
``2009''.
[Sec. 418. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act
(42 U.S.C. 1856m) the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished
under said agreements to provide wildfire services are
considered, for purposes of tort liability, employees of the
country receiving said services when the individuals are
engaged in fire suppression: Provided, That the Secretary of
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. 419. 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. 420. 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 contracts, grants or cooperative
agreements to local non-profit entities, Youth Conservation
Corps or related partnerships with State, local or non-profit
youth groups, or small or disadvantaged business or micro-
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. 421. No funds appropriated in this Act for the
acquisition of lands or interests in lands may be expended
for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate
Committees on Appropriations: Provided, That this provision
shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of
1989, or to funds appropriated for Federal assistance to the
State of Florida to acquire lands for Everglades restoration
purposes.
[Sec. 422. (a) Limitation on Competitive Sourcing
Studies.--
[(1) Of the funds made available by this or any other Act
to the Department of the Interior for fiscal year 2006, not
more than $3,450,000 may be used by the Secretary of the
Interior to initiate or continue competitive sourcing studies
in fiscal year 2006 for programs, projects, and activities
for which funds are appropriated by this Act and such funds
shall not be available until the Secretary 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) Of the funds appropriated by this Act, not more than
$2,500,000 may be used in fiscal year 2006 for competitive
sourcing studies and related activities by the Forest
Service.
[(b) Competitive Sourcing Study Defined.--In this section,
the term ``competitive sourcing study'' means a study on
subjecting work performed by Federal Government employees or
private contractors to public-private competition or on
converting the Federal Government employees or the work
performed by such employees to private contractor performance
under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.
[(c) Competitive Sourcing Exemption for Forest Service
Studies Conducted Prior to Fiscal Year 2006.--The Forest
Service is hereby exempted from implementing the Letter of
Obligation and post-competition accountability guidelines
where a competitive sourcing study involved 65 or fewer full-
time equivalents, the performance decision was made in favor
of the agency provider; no net savings was achieved by
conducting the study, and the study was completed prior to
the date of this Act.
[Sec. 423. 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. 424. None of the funds in this Act or prior Acts
making appropriations for the Department of the Interior and
Related Agencies may be provided to the managing partners or
their agents for the SAFECOM or Disaster Management projects.
[[Page S7347]]
[Sec. 425. (a) In General.--An entity that enters into a
contract with the United States to operate the National
Recreation Reservation Service (as solicited by the
solicitation numbered WO-04-06vm) shall not carry out any
duties under the contract using:
[(1) a contact center located outside the United States; or
[(2) a reservation agent who does not live in the United
States.
[(b) No Waiver.--The Secretary of Agriculture may not waive
the requirements of subsection (a).
[(c) Telecommuting.--A reservation agent who is carrying
out duties under the contract described in subsection (a) may
not telecommute from a location outside the United States.
[(d) Limitations.--Nothing in this Act shall be construed
to apply to any employee of the entity who is not a
reservation agent carrying out the duties under the contract
described in subsection (a) or who provides managerial or
support services.
[Sec. 426. Section 331, of Public Law 106-113, is amended--
[(1) in part (a) by striking ``2005'' and inserting
``2009''; and
[(2) in part (b) by striking ``2005'' and inserting
``2009''.
[Sec. 427. Section 330 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (Public Law
106-291; 114 Stat. 996; 43 U.S.C. 1701 note), is amended--
[(1) in the first sentence, by striking ``2005'' and
inserting ``2008'';
[(2) in the third sentence, by inserting ``, National Park
Service, Fish and Wildlife Service,'' after ``Bureau of Land
Management''; and
[(3) by adding at the end the following new sentence: ``To
facilitate the sharing of resources under the Service First
initiative, the Secretaries of the Interior and Agriculture
may make transfers of funds and reimbursement of funds on an
annual basis among the land management agencies referred to
in this section, except that this authority may not be used
to circumvent requirements and limitations imposed on the use
of funds.''.
[Sec. 428. The Secretary of Agriculture may acquire, by
exchange or otherwise, a parcel of real property, including
improvements thereon, of the Inland Valley Development Agency
of San Bernardino, California, or its successors and assigns,
generally comprising Building No. 3 and Building No. 4 of the
former Defense Finance and Accounting Services complex
located at the southwest corner of Tippecanoe Avenue and Mill
Street in San Bernardino, California, adjacent to the former
Norton Air Force Base. As full consideration for the property
to be acquired, the Secretary of Agriculture may terminate
the leasehold rights of the United States received pursuant
to section 8121(a)(2) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 999).
The acquisition of the property shall be on such terms and
conditions as the Secretary of Agriculture considers
appropriate and may be carried out without appraisals,
environmental or administrative surveys, consultations,
analyses, or other considerations of the condition of the
property.
[Sec. 429. The Secretary of the Interior shall submit to
the House Committee on Appropriations a report detailing the
Federal expenditures pursuant to the Southern Nevada Public
Lands Management Act (section 4(e)(3) of Public Law 105-263)
for fiscal years 2003 and 2004.
[Sec. 430. None of the funds in this Act may be used to
prepare or issue a permit or lease for oil or gas drilling in
the Finger Lakes National Forest, New York, during fiscal
year 2006.
[Sec. 431. None of the funds made available in this Act for
the Department of the Interior may be used to implement the
first proviso under the heading ``United States Fish and
Wildlife Service-land acquisition''.
[Sec. 432. None of the funds made available in this Act may
be used in contravention of Executive Order No. 12898
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations) or to delay the
implementation of that order.
[Sec. 433. None of the funds made available in this Act may
be used to finalize, issue, implement, or enforce the
proposed policy of the Environmental Protection Agency
entitled ``National Pollutant Discharge Elimination System
(NPDES) Permit Requirements for Municipal Wastewater
Treatment During Wet Weather Conditions'', dated November 3,
2003 (68 Fed. Reg. 63042).
[Sec. 434. None of the funds made available in this Act may
be used by the Administrator of the Environmental Protection
Agency--
[(1) to accept, consider, or rely on third-party
intentional dosing human +studies for pesticides; or
[(2) to conduct intentional dosing human studies for
pesticides.
[Sec. 435. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 Federal employees at any single conference occurring
outside the United States.
[Sec. 436. None of the funds made available in this Act for
the Department of the Interior may be used to enter into or
renew any concession contract except a concession contract
that includes a provision that requires that merchandise for
sale at units of the National Park System be made in any
State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands,
American Samoa, or the Commonwealth of the Northern Mariana
Islands.
[SEC. 437. LIMITATION ON USE OF FUNDS FOR SALE OR SLAUGHTER
OF FREE-ROAMING HORSES AND BURROS.
[None of the funds made available by this Act may be used
for the sale or slaughter of wild free-roaming horses and
burros (as defined in Public Law 92-195).
[This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act,
2006''.]
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department
of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2006, and for other
purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)),
$867,045,000, to remain available until expended, of which
$1,000,000 is for high priority projects, to be carried out
by the Youth Conservation Corps; and of which $3,000,000
shall be available in fiscal year 2006 subject to a match by
at least an equal amount by the National Fish and Wildlife
Foundation for cost-shared projects supporting conservation
of Bureau lands; and such funds shall be advanced to the
Foundation as a lump sum grant without regard to when
expenses are incurred.
In addition, $32,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program; to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as to
result in a final appropriation estimated at not more than
$867,045,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
Wildland fire management
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency
rehabilitation, hazardous fuels reduction, and rural fire
assistance by the Department of the Interior, $766,564,000,
to remain available until expended, of which not to exceed
$7,849,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available
for repayment of advances to other appropriation accounts
from which funds were previously transferred for such
purposes: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without
cost from funds available from this appropriation: Provided
further, That notwithstanding 42 U.S.C. 1856d, sums received
by a bureau or office of the Department of the Interior for
fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation:
Provided further, That using the amounts designated under
this title of this Act, the Secretary of the Interior may
enter into procurement contracts, grants, or cooperative
agreements, for hazardous fuels reduction activities, and for
training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal
land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any
non-Federal entity may be shared, as mutually agreed on by
the affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction
activities, may obtain maximum practicable competition among:
(1) local private, nonprofit, or cooperative entities; (2)
Youth Conservation Corps crews or related partnerships with
State, local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts:
Provided further, That in implementing this section, the
Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the
authorities provided herein: Provided further, That funds
appropriated under this head may be used to reimburse the
United States Fish and Wildlife Service and the National
Marine Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required
by section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary
of the Interior may use wildland fire appropriations to enter
into non-competitive sole source leases of real property with
local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on
such leased properties, including but not limited to fire
guard stations, retardant stations, and other initial attack
and fire support facilities, and to make advance payments for
any such lease or for construction activity associated
[[Page S7348]]
with the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $12,000,000, between the
Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal
emergency response actions.
Construction
For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $9,976,000, to
remain available until expended.
Land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $12,250,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
Oregon and California grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $110,070,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (50 Stat. 876).
forest ecosystem health and recovery fund
(REVOLVING FUND, SPECIAL ACCOUNT)
In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and
Recovery Fund can be used for the purpose of planning,
preparing, implementing and monitoring salvage timber sales
and forest ecosystem health and recovery activities, such as
release from competing vegetation and density control
treatments. The Federal share of receipts (defined as the
portion of salvage timber receipts not paid to the counties
under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and
Public Law 106-393) derived from treatments funded by this
account shall be deposited into the Forest Ecosystem Health
and Recovery Fund.
Range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
Service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law
93-153, to remain available until expended: Provided, That,
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
Miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of the Act of October
21, 1976 (43 U.S.C. 1701), and such amounts as may be
advanced for administrative costs, surveys, appraisals, and
costs of making conveyances of omitted lands under section
211(b) of that Act, to remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Land Management shall be
available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of
necessary buildings and appurtenant facilities to which the
United States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on her certificate, not to exceed
$10,000: Provided, That notwithstanding 44 U.S.C. 501, the
Bureau may, under cooperative cost-sharing and partnership
arrangements authorized by law, procure printing services
from cooperators in connection with jointly produced
publications for which the cooperators share the cost of
printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards.
United States Fish and Wildlife Service
Resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, maintenance of the herd of long-horned
cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized
functions related to such resources by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities, $993,485,000, to
remain available until September 30, 2007, except as
otherwise provided herein: Provided, That $2,000,000 is for
high priority projects, which shall be carried out by the
Youth Conservation Corps: Provided further, That not to
exceed $18,130,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species
Act, as amended, for species that are indigenous to the
United States (except for processing petitions, developing
and issuing proposed and final regulations, and taking any
other steps to implement actions described in subsection
(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to
exceed $12,852,000 shall be used for any activity regarding
the designation of critical habitat, pursuant to subsection
(a)(3), excluding litigation support, for species listed
pursuant to subsection (a)(1) prior to October 1, 2005:
Provided further, That of the amount available for law
enforcement, up to $400,000, to remain available until
expended, may at the discretion of the Secretary be used for
payment for information, rewards, or evidence concerning
violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activity,
authorized or approved by the Secretary and to be accounted
for solely on her certificate: Provided further, That of the
amount provided for environmental contaminants, up to
$1,000,000 may remain available until expended for
contaminant sample analyses.
Construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fishery and wildlife resources, and the acquisition of lands
and interests therein; $31,811,000, to remain available until
expended: Provided, That funds made available under the 2005
Consolidated Appropriations Act (Public Law 108-447) for the
Chase Lake and Arrowwood National Wildlife Refuges, North
Dakota, shall be transferred to North Dakota State University
to complete planning and design for a Joint Interpretive
Center.
Land acquisition
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $40,827,000 to be derived
from the Land and Water Conservation Fund and to remain
available until expended.
Landowner incentive program
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
private conservation efforts to be carried out on private
lands, $25,000,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That the amount provided herein is for a Landowner
Incentive Program established by the Secretary that provides
matching, competitively awarded grants to States, the
District of Columbia, federally recognized Indian tribes,
Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, and American Samoa, to establish or
supplement existing landowner incentive programs that provide
technical and financial assistance, including habitat
protection and restoration, to private landowners for the
protection and management of habitat to benefit federally
listed, proposed, candidate, or other at-risk species on
private lands.
Private stewardship grants
For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
private conservation efforts to be carried out on private
lands, $7,500,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That the amount provided herein is for the Private
Stewardship Grants Program established by the Secretary to
provide grants and other assistance to individuals and groups
engaged in private conservation efforts that benefit
federally listed, proposed, candidate, or other at-risk
species.
Cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as
amended, $80,000,000, of which
[[Page S7349]]
$34,347,000 is to be derived from the Cooperative Endangered
Species Conservation Fund and $45,653,000 is to be derived
from the Land and Water Conservation Fund and to remain
available until expended.
National wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,414,000.
North American wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233,
as amended, $39,500,000, to remain available until expended.
Neotropical Migratory Bird Conservation
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
with the Neotropical Migratory Bird Conservation Act, Public
Law 106-247 (16 U.S.C. 6101-6109), $4,000,000, to remain
available until expended.
Multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
4241-4245, and 1538), the Asian Elephant Conservation Act of
1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros
and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), the
Great Ape Conservation Act of 2000 (16 U.S.C. 6301), and the
Marine Turtle Conservation Act of 2004 (Public Law 108-266;
16 U.S.C. 6601), $6,500,000, to remain available until
expended.
State and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and federally recognized Indian tribes under the provisions
of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and
their habitat, including species that are not hunted or
fished, $72,000,000, to be derived from the Land and Water
Conservation Fund, and to remain available until expended:
Provided, That of the amount provided herein, $6,000,000 is
for a competitive grant program for Indian tribes not subject
to the remaining provisions of this appropriation: Provided
further, That the Secretary shall, after deducting said
$6,000,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 50 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That no State,
territory, or other jurisdiction shall receive a grant unless
it has developed a comprehensive wildlife conservation plan,
consistent with criteria established by the Secretary of the
Interior, that considers the broad range of the State,
territory, or other jurisdiction's wildlife and associated
habitats, with appropriate priority placed on those species
with the greatest conservation need and taking into
consideration the relative level of funding available for the
conservation of those species: Provided further, That any
amount apportioned in 2006 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2007, shall be reapportioned, together with funds
appropriated in 2008, in the manner provided herein: Provided
further, That balances from amounts previously appropriated
under the heading ``State Wildlife Grants'' shall be
transferred to and merged with this appropriation and shall
remain available until expended.
ADMINISTRATIVE PROVISIONS
Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of
not to exceed 61 passenger motor vehicles, of which 61 are
for replacement only (including 22 for police-type use);
repair of damage to public roads within and adjacent to
reservation areas caused by operations of the Service;
options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses
on conservation areas as are consistent with their primary
purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the
Service and to which the United States has title, and which
are used pursuant to law in connection with management, and
investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing
either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards:
Provided further, That, notwithstanding any other provision
of law, the Service may use up to $2,000,000 from funds
provided for contracts for employment-related legal services:
Provided further, That the Service may accept donated
aircraft as replacements for existing aircraft: Provided
further, That, notwithstanding any other provision of law,
the Secretary of the Interior may not spend any of the funds
appropriated in this Act for the purchase of lands or
interests in lands to be used in the establishment of any new
unit of the National Wildlife Refuge System unless the
purchase is approved in advance by the House and Senate
Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 108-330.
National Park Service
Operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service (including special road maintenance
service to trucking permittees on a reimbursable basis), and
for the general administration of the National Park Service,
$1,748,486,000, of which $9,892,000 is for planning and
interagency coordination in support of Everglades restoration
and shall remain available until expended; of which
$98,100,000, to remain available until September 30, 2007, is
for maintenance, repair or rehabilitation projects for
constructed assets, operation of the National Park Service
automated facility management software system, and
comprehensive facility condition assessments; and of which
$1,937,000 is for the Youth Conservation Corps for high
priority projects: Provided, That the only funds in this
account which may be made available to support United States
Park Police are those funds approved for emergency law and
order incidents pursuant to established National Park Service
procedures, those funds needed to maintain and repair United
States Park Police administrative facilities, and those funds
necessary to reimburse the United States Park Police account
for the unbudgeted overtime and travel costs associated with
special events for an amount not to exceed $10,000 per event
subject to the review and concurrence of the Washington
headquarters office.
United States park police
For expenses necessary to carry out the programs of the
United States Park Police, $80,411,000.
National recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, statutory or contractual aid for other
activities, and grant administration, not otherwise provided
for, $56,729,000: Provided, That none of the funds in this
Act for the River, Trails and Conservation Assistance program
may be used for cash agreements, or for cooperative
agreements that are inconsistent with the program's final
strategic plan.
Historic preservation fund
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), and the
Omnibus Parks and Public Lands Management Act of 1996 (Public
Law 104-333), $72,500,000, to be derived from the Historic
Preservation Fund and to remain available until September 30,
2007, of which $30,000,000 shall be for Save America's
Treasures for preservation of nationally significant sites,
structures, and artifacts: Provided, That not to exceed
$7,500,000 of the amount provided for Save America's
Treasures may be for Preserve America grants to States,
Tribes, and local communities for projects that preserve
important historic resources through the promotion of
heritage tourism: Provided further, That any individual Save
America's Treasures or Preserve America grant shall be
matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant:
Provided further, That all projects to be funded shall be
approved by the Secretary of the Interior in consultation
with the House and Senate Committees on Appropriations, and
in consultation with the President's Committee on the Arts
and Humanities prior to the commitment of Save America's
Treasures grant funds and with the Advisory Council on
Historic Preservation prior to the commitment of Preserve
America grant funds: Provided further, That Save America's
Treasures funds allocated for Federal projects, following
approval, shall be available by transfer to appropriate
accounts of individual agencies.
Construction
(Including Transfer of Funds)
For construction, improvements, repair or replacement of
physical facilities, including the modifications authorized
by section 104 of the Everglades National Park Protection and
Expansion Act of 1989, $316,201,000, to remain available
until expended, of which $17,000,000 for modified water
deliveries to Everglades National Park shall be derived by
transfer from unobligated balances in the ``Land Acquisition
and State Assistance'' account for Everglades National Park
land acquisitions, and of which $500,000 for the Mark Twain
Boyhood Home National Historic Landmark shall be derived from
the Historic Preservation Fund pursuant to 16 U.S.C. 470a:
Provided, That none of the funds available to the National
Park Service may be used to plan, design, or construct any
partnership project with a total value in excess of
$5,000,000, without advance approval of the House and Senate
Committees on Appropriations: Provided further, That
notwithstanding any other provision of law, the National Park
[[Page S7350]]
Service may not accept donations or services associated with
the planning, design, or construction of such new facilities
without advance approval of the House and Senate Committees
on Appropriations: Provided further, That funds provided
under this heading for implementation of modified water
deliveries to Everglades National Park shall be expended
consistent with the requirements of the fifth proviso under
this heading in Public Law 108-108: Provided further, That
hereinafter notwithstanding any other provision of law,
procurements for the Mount Rainier National Park Jackson
Visitor Center replacement and the rehabilitation of Paradise
Inn and Annex may be issued which include the full scope of
the facility: Provided further, That the solicitation and
contract shall contain the clause ``availability of funds''
found at 48 CFR 52.232.18: Provided further, That none of the
funds provided in this or any other Act may be used for
planning, design, or construction of any underground security
screening or visitor contact facility at the Washington
Monument until such facility has been approved in writing by
the House and Senate Committees on Appropriations.
Land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2006 by 16
U.S.C. 460l-10a is rescinded.
Land acquisition and State assistance
For expenses necessary to carry out the Land and Water
Conservation Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for
acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $86,005,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $30,000,000 is for the State
assistance program including $1,587,000 for program
administration: Provided, That none of the funds provided for
the State assistance program may be used to establish a
contingency fund.
ADMINISTRATIVE PROVISIONS
Appropriations for the National Park Service shall be
available for the purchase of not to exceed 245 passenger
motor vehicles, of which 199 shall be for replacement only,
including not to exceed 193 for police-type use, 10 buses,
and 8 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to
implement an agreement for the redevelopment of the southern
end of Ellis Island until such agreement has been submitted
to the Congress and shall not be implemented prior to the
expiration of 30 calendar days (not including any day in
which either House of Congress is not in session because of
adjournment of more than 3 calendar days to a day certain)
from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end
of Ellis Island, including the facts and circumstances relied
upon in support of the proposed project: Provided further,
That in fiscal year 2006 and thereafter, appropriations
available to the National Park Service may be used to
maintain the following areas in Washington, District of
Columbia: Jackson Place, Madison Place, and Pennsylvania
Avenue between 15th and 17th Streets, Northwest.
None of the funds in this Act may be spent by the National
Park Service for activities taken in direct response to the
United Nations Biodiversity Convention.
The National Park Service may distribute to operating units
based on the safety record of each unit the costs of programs
designed to improve workplace and employee safety, and to
encourage employees receiving workers' compensation benefits
pursuant to chapter 81 of title 5, United States Code, to
return to appropriate positions for which they are medically
able.
If the Secretary of the Interior considers the decision of
any value determination proceeding conducted under a National
Park Service concession contract issued prior to November 13,
1998, to misinterpret or misapply relevant contractual
requirements or their underlying legal authority, the
Secretary may seek, within 180 days of any such decision, the
de novo review of the value determination by the United
States Court of Federal Claims, and that court may make an
order affirming, vacating, modifying or correcting the
determination.
In addition to other uses set forth in section 407(d) of
Public Law 105-391, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the
National Park System to extinguish or reduce liability for
Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that
the benefiting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of
funds used to extinguish or reduce liability. Franchise fees
at the benefiting unit shall be credited to the sub-account
of the originating unit over a period not to exceed the term
of a single contract at the benefiting unit, in the amount of
funds so expended to extinguish or reduce liability.
United States Geological Survey
Surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); to conduct inquiries into the economic
conditions affecting mining and materials processing
industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities;
$963,057,000, of which $63,770,000 shall be available only
for cooperation with States or municipalities for water
resources investigations; of which $7,791,000 shall remain
available until expended for satellite operations; of which
$21,720,000 shall be available until September 30, 2007, for
the operation and maintenance of facilities and deferred
maintenance; of which $1,600,000 shall be available until
expended for deferred maintenance and capital improvement
projects that exceed $100,000 in cost; and of which
$174,280,000 shall be available until September 30, 2007, for
the biological research activity and the operation of the
Cooperative Research Units: Provided, That none of the funds
provided for the biological research activity shall be used
to conduct new surveys on private property, unless
specifically authorized in writing by the property owner:
Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic
mapping or water resources data collection and investigations
carried on in cooperation with States and municipalities.
ADMINISTRATIVE PROVISIONS
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for the purchase and replacement of
passenger motor vehicles; reimbursement to the General
Services Administration for security guard services;
contracting for the furnishing of topographic maps and for
the making of geophysical or other specialized surveys when
it is administratively determined that such procedures are in
the public interest; construction and maintenance of
necessary buildings and appurtenant facilities; acquisition
of lands for gauging stations and observation wells; expenses
of the United States National Committee on Geology; and
payment of compensation and expenses of persons on the rolls
of the Survey duly appointed to represent the United States
in the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 5, for the temporary or intermittent services of
students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5,
United States Code, relating to compensation for travel and
work injuries, and chapter 171 of title 28, United States
Code, relating to tort claims, but shall not be considered to
be Federal employees for any other purposes.
Minerals Management Service
Royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other
minerals leases, permits, licenses and operating contracts;
and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles
for replacement only, $152,516,000, of which $78,529,000
shall be available for royalty management activities; and an
amount not to exceed $122,730,000, to be credited to this
appropriation and to remain available until expended, from
additions to receipts resulting from increases to rates in
effect on August 5, 1993, from rate increases to fee
collections for Outer Continental Shelf administrative
activities performed by the Minerals Management Service (MMS)
over and above the rates in effect on September 30, 1993, and
from additional fees for Outer Continental Shelf
administrative activities established after September 30,
1993: Provided, That to the extent $122,730,000 in additions
to receipts are not realized from the sources of receipts
stated above, the amount needed to reach $122,730,000 shall
be credited to this appropriation from receipts resulting
from rental rates for Outer Continental Shelf leases in
effect before August 5, 1993: Provided further, That
$3,000,000 for computer acquisitions shall remain available
until September 30, 2007: Provided further, That not to
exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities: Provided further, That notwithstanding any other
provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of MMS concurred
with the claimed refund due, to pay amounts owed to Indian
allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That in fiscal year
2006 and thereafter, MMS may under the royalty-in-kind
program, or under its authority to transfer oil to the
Strategic Petroleum Reserve, use a portion of the revenues
from royalty-in-kind sales, without regard to fiscal year
limitation, to pay for transportation to wholesale market
centers or upstream pooling points, to process or otherwise
dispose of royalty production taken in kind, and to recover
MMS transportation costs, salaries, and other administrative
costs directly related to the royalty-in-kind program:
Provided further, That MMS shall analyze and document the
expected return in advance of any royalty-in-kind sales to
assure to the maximum extent practicable that royalty income
under the program is equal to or greater than royalty income
recognized under a comparable royalty-in-value program.
[[Page S7351]]
Oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $7,006,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
Regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, as amended, including the purchase of not to
exceed 10 passenger motor vehicles, for replacement only;
$110,435,000: Provided, That the Secretary of the Interior,
pursuant to regulations, may use directly or through grants
to States, moneys collected in fiscal year 2006 for civil
penalties assessed under section 518 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1268), to
reclaim lands adversely affected by coal mining practices
after August 3, 1977, to remain available until expended:
Provided further, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
Abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
as amended, including the purchase of not more than 10
passenger motor vehicles for replacement only, $188,014,000,
to be derived from receipts of the Abandoned Mine Reclamation
Fund and to remain available until expended; of which up to
$10,000,000, to be derived from the Federal Expenses Share of
the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage
from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants
to minimum program States will be $1,500,000 per State in
fiscal year 2006: Provided further, That pursuant to Public
Law 97-365, the Department of the Interior is authorized to
use up to 20 percent from the recovery of the delinquent debt
owed to the United States Government to pay for contracts to
collect these debts: Provided further, That funds made
available under title IV of Public Law 95-87 may be used for
any required non-Federal share of the cost of projects funded
by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine
drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities
of the Surface Mining Control and Reclamation Act: Provided
further, That the State of Maryland may set aside the greater
of $1,000,000 or 10 percent of the total of the grants made
available to the State under title IV of the Surface Mining
Control and Reclamation Act of 1977, as amended (30 U.S.C.
1231 et seq.), if the amount set aside is deposited in an
acid mine drainage abatement and treatment fund established
under a State law, pursuant to which law the amount (together
with all interest earned on the amount) is expended by the
State to undertake acid mine drainage abatement and treatment
projects, except that before any amounts greater than 10
percent of its title IV grants are deposited in an acid mine
drainage abatement and treatment fund, the State of Maryland
must first complete all Surface Mining Control and
Reclamation Act priority one projects: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and
Professional Services program in this Act, the Secretary may
transfer title for computer hardware, software and other
technical equipment to State and Tribal regulatory and
reclamation programs.
Bureau of Indian Affairs
Operation of Indian programs
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450 et seq.), as amended, the Education Amendments of 1978
(25 U.S.C. 2001-2019), and the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.), as amended,
$1,971,132,000, to remain available until September 30, 2007
except as otherwise provided herein, of which not to exceed
$86,462,000 shall be for welfare assistance payments and
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as
amended, not to exceed $134,609,000 shall be available for
payments to tribes and tribal organizations for contract
support costs associated with ongoing contracts, grants,
compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2006, as authorized by
such Act, except that tribes and tribal organizations may use
their tribal priority allocations for unmet indirect contract
support costs of ongoing contracts, grants, or compacts, or
annual funding agreements and for unmet welfare assistance
costs; and of which not to exceed $454,725,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2006, and shall
remain available until September 30, 2007; and of which not
to exceed $61,667,000 shall remain available until expended
for housing improvement, road maintenance, attorney fees,
litigation support, the Indian Self-Determination Fund, land
records improvement, and the Navajo-Hopi Settlement Program:
Provided, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination
Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed
$44,718,000 within and only from such amounts made available
for school operations shall be available to tribes and tribal
organizations for administrative cost grants associated with
ongoing grants entered into with the Bureau prior to or
during fiscal year 2005 for the operation of Bureau-funded
schools, and up to $500,000 within and only from such amounts
made available for school operations shall be available for
the transitional costs of initial administrative cost grants
to tribes and tribal organizations that enter into grants for
the operation on or after July 1, 2005, of Bureau-operated
schools: Provided further, That any forestry funds allocated
to a tribe which remain unobligated as of September 30, 2007,
may be transferred during fiscal year 2008 to an Indian
forest land assistance account established for the benefit of
such tribe within the tribe's trust fund account: Provided
further, That any such unobligated balances not so
transferred shall expire on September 30, 2008.
Construction
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483, $267,137,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to 25 U.S.C.
13 shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2006, in implementing
new construction or facilities improvement and repair project
grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100-297, as
amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants
shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided
further, That in considering applications, the Secretary
shall consider whether the Indian tribe or tribal
organization would be deficient in assuring that the
construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by 25 U.S.C. 2005(b), with
respect to organizational and financial management
capabilities: Provided further, That if the Secretary
declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2504(f): Provided
further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes
provision in 25 U.S.C. 2507(e): Provided further, That in
order to ensure timely completion of replacement school
construction projects, the Secretary may assume control of a
project and all funds related to the project, if, within
eighteen months of the date of enactment of this Act, any
tribe or tribal organization receiving funds appropriated in
this Act or in any prior Act, has not completed the planning
and design phase of the project and commenced construction of
the replacement school: Provided further, That this
Appropriation may be reimbursed from the Office of the
Special Trustee for American Indians Appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.
Indian land and water claim settlements and miscellaneous payments to
Indians
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $24,754,000, to
remain available until expended, for implementation of Indian
land and water claim settlements pursuant to Public Laws 99-
264, 100-580, 101-618, 106-554, 107-331, and 108-34, and for
implementation of other land and water rights settlements.
Indian guaranteed loan program account
For the cost of guaranteed and insured loans, $6,348,000,
of which $701,000 is for administrative expenses, as
authorized by the Indian Financing Act of 1974, as amended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$118,884,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program
account) shall be available for expenses of exhibits, and
[[Page S7352]]
purchase of not to exceed 229 passenger motor vehicles, of
which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration (except
facilities operations and maintenance) shall be available for
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the
United States and that tribe, or that tribe's ability to
access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452
et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be available only to the
schools in the Bureau school system as of September 1, 1996.
No funds available to the Bureau shall be used to support
expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the
Interior at each school in the Bureau school system as of
October 1, 1995. Funds made available under this Act may not
be used to establish a charter school at a Bureau-funded
school (as that term is defined in section 1146 of the
Education Amendments of 1978 (25 U.S.C. 2026)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if a tribe or tribal organization in fiscal year 2003 or 2004
received indirect and administrative costs pursuant to a
distribution formula based on section 5(f) of Public Law 101-
301, the Secretary shall continue to distribute indirect and
administrative cost funds to such tribe or tribal
organization using the section 5(f) distribution formula.
Departmental Offices
Insular Affairs
Assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior,
$76,683,000, of which: (1) $69,802,000 shall be available
until expended for technical assistance, including
maintenance assistance, disaster assistance, insular
management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the
Government of American Samoa, in addition to current local
revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands as authorized by law (Public Law 94-
241; 90 Stat. 272); and (2) $6,881,000 shall be available for
salaries and expenses of the Office of Insular Affairs:
Provided, That all financial transactions of the territorial
and local governments herein provided for, including such
transactions of all agencies or instrumentalities established
or used by such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided further,
That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the
Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by
Public Law 104-134: Provided further, That of the amounts
provided for technical assistance, sufficient funds shall be
made available for a grant to the Pacific Basin Development
Council: Provided further, That of the amounts provided for
technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
Compact of free association
For grants and necessary expenses, $4,862,000, to remain
available until expended, as provided for in sections
221(a)(2), 221(b), and 233 of the Compact of Free Association
for the Republic of Palau; and section 221(a)(2) of the
Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law
108-188.
Departmental Management
Salaries and expenses
For necessary expenses for management of the Department of
the Interior, $94,627,000; of which $7,441,000 is to be
derived from the Land and Water Conservation Fund and shall
remain available until expended; of which not to exceed
$8,500 may be for official reception and representation
expenses; and of which up to $1,000,000 shall be available
for workers compensation payments and unemployment
compensation payments associated with the orderly closure of
the United States Bureau of Mines: Provided, That none of the
funds in this Act or previous appropriations Acts may be used
to establish reserves in the Working Capital Fund account
other than for accrued annual leave and depreciation of
equipment without prior approval of the House and Senate
Committees on Appropriations: Provided further, That amounts
otherwise appropriated by this Act for administrative
expenses in operating accounts for bureaus and offices of the
Department of the Interior are reduced by $10,000,000 and,
not later than 30 days after the date of enactment of this
Act, the Director of the Office of Management and Budget
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a listing by account of the
pro rata reduction in such accounts made pursuant to this
provision.
working capital fund
For the acquisition of a departmental financial and
business management system, $22,555,000, to remain available
until expended.
Payments in lieu of taxes
For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $235,000,000, of
which not to exceed $400,000 shall be available for
administrative expenses: Provided, That no payment shall be
made to otherwise eligible units of local government if the
computed amount of the payment is less than $100.
Central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the remedial
action, including associated activities, of hazardous waste
substances, pollutants, or contaminants pursuant to the
Comprehensive Environmental Response, Compensation, and
Liability Act, as amended (42 U.S.C. 9601 et seq.),
$9,855,000, to remain available until expended: Provided,
That hereafter, notwithstanding 31 U.S.C. 3302, sums
recovered from or paid by a party in advance of or as
reimbursement for remedial action or response activities
conducted by the Department pursuant to section 107 or 113(f)
of such Act, shall be credited to this account, to be
available until expended without further appropriation:
Provided further, That hereafter such sums recovered from or
paid by any party are not limited to monetary payments and
may include stocks, bonds or other personal or real property,
which may be retained, liquidated, or otherwise disposed of
by the Secretary and which shall be credited to this account.
Office of the Solicitor
Salaries and expenses
For necessary expenses of the Office of the Solicitor,
$55,652,000.
Office of Inspector General
Salaries and expenses
For necessary expenses of the Office of Inspector General,
$39,116,000.
Office of Special Trustee for American Indians
Federal trust programs
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $191,593,000, to remain available until expended, of
which not to exceed $58,000,000 shall be available for
historical accounting: Provided, That funds for trust
management improvements and litigation support may, as
needed, be transferred to or merged with the Bureau of Indian
Affairs, ``Operation of Indian Programs'' account; the Office
of the Solicitor, ``Salaries and Expenses'' account; and the
Departmental Management, ``Salaries and Expenses'' account:
Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated
during fiscal year 2006, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That, notwithstanding any other provision
of law, the statute of limitations shall not commence to run
on any claim, including any claim in litigation pending on
the date of the enactment of this Act, concerning losses to
or mismanagement of trust funds, until the affected tribe or
individual Indian has been furnished with an accounting of
such funds from which the beneficiary can determine whether
there has been a loss: Provided further, That,
notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had
activity for at least 18 months and has a balance of $1.00 or
less: Provided further, That the Secretary shall issue an
annual account statement and maintain a record of any such
accounts and shall permit the balance in each
[[Page S7353]]
such account to be withdrawn upon the express written request
of the account holder: Provided further, That, not to exceed
$50,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous payments
that are recovered shall be credited to and remain available
in this account for this purpose.
Indian land consolidation
For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing
escheated interests in allotted lands, and for necessary
expenses to carry out the Indian Land Consolidation Act of
1983, as amended, by direct expenditure or cooperative
agreement, $34,514,000, to remain available until expended,
and which may be transferred to the Bureau of Indian Affairs
and Departmental Management accounts: Provided, That funds
provided under this heading may be expended pursuant to the
authorities contained in the provisos under the heading
``Office of Special Trustee for American Indians, Indian Land
Consolidation'' of the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106-291).
Natural Resources Damage Assessment and Restoration
Natural resource damage assessment fund
To conduct natural resource damage assessment and
restoration activities by the Department of the Interior
necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act, as
amended (42 U.S.C. 9601 et seq.), Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et
seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et
seq.), $6,106,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of
which shall be for replacement and which may be obtained by
donation, purchase or through available excess surplus
property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft:
Provided further, That no programs funded with appropriated
funds in the ``Departmental Management'', ``Office of the
Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund: Provided further,
That the annual budget justification for Departmental
Management shall describe estimated Working Capital Fund
charges to bureaus and offices, including the methodology on
which charges are based: Provided further, That departures
from the Working Capital Fund estimates contained in the
Departmental Management budget justification shall be
presented to the Committees on Appropriations for approval:
Provided further, That the Secretary shall provide a semi-
annual report to the Committees on Appropriations on
reimbursable support agreements between the Office of the
Secretary and the National Business Center and the bureaus
and offices of the Department, including the amounts billed
pursuant to such agreements.
General Provisions, Department of the Interior
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section are hereby designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), and must be replenished by a
supplemental appropriation which must be requested as
promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for
emergency reclamation projects under section 410 of Public
Law 95-87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire operations''
shall be exhausted within 30 days: Provided further, That all
funds used pursuant to this section are hereby designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), and must be replenished by a
supplemental appropriation which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by 5 U.S.C. 3109, when authorized by the
Secretary, in total amount not to exceed $500,000; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
Sec. 104. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore
preleasing, leasing and related activities placed under
restriction in the President's moratorium statement of June
12, 1998, in the areas of northern, central, and southern
California; the North Atlantic; Washington and Oregon; and
the eastern Gulf of Mexico south of 26 degrees north latitude
and east of 86 degrees west longitude.
Sec. 105. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil and
natural gas preleasing, leasing and related activities in the
eastern Gulf of Mexico planning area for any lands located
outside Sale 181, as identified in the final Outer
Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
2002.
Sec. 106. No funds provided in this title may be expended
by the Department of the Interior to conduct oil and natural
gas preleasing, leasing and related activities in the Mid-
Atlantic and South Atlantic planning areas.
Sec. 107. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special
Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings
shall be available for expenditure or transfer for Indian
trust management and reform activities, except that total
funding for historical accounting activities shall not exceed
amounts specifically designated in this Act for such purpose.
Sec. 108. Notwithstanding any other provision of law, in
fiscal years 2006 through 2010, for the purpose of reducing
the backlog of Indian probate cases in the Department of the
Interior, the hearing requirements of chapter 10 of title 25,
United States Code, are deemed satisfied by a proceeding
conducted by an Indian probate judge, appointed by the
Secretary without regard to the provisions of title 5, United
States Code, governing the appointments in the competitive
service, for such period of time as the Secretary determines
necessary: Provided, That the basic pay of an Indian probate
judge so appointed may be fixed by the Secretary without
regard to the provisions of chapter 51, and subchapter III of
chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, except
that no such Indian probate judge may be paid at a level
which exceeds the maximum rate payable for the highest grade
of the General Schedule, including locality pay.
Sec. 109. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2006. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
Sec. 110. Funds appropriated for the Bureau of Indian
Affairs for postsecondary schools for fiscal year 2006 shall
be allocated among the schools proportionate to the unmet
need of the schools as determined by the Postsecondary
Funding Formula adopted by the Office of Indian Education
Programs.
Sec. 111. Notwithstanding any other provision of law, in
conveying the Twin Cities Research Center under the authority
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms
of reimbursement: Provided, That the Secretary may retain and
use any such reimbursement until expended and without further
appropriation: (1) for the benefit of the National Wildlife
Refuge System within the State of Minnesota; and (2) for all
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
Sec. 112. The Secretary of the Interior may use or contract
for the use of helicopters or motor vehicles on the Sheldon
and Hart National Wildlife Refuges for the purpose of
capturing and transporting horses and burros. The provisions
of subsection (a) of the Act of September 8, 1959 (18 U.S.C.
47(a)) shall not be applicable to such use. Such use shall be
in accordance with humane procedures prescribed by the
Secretary.
Sec. 113. Funds provided in this Act for Federal land
acquisition by the National Park Service for Shenandoah
Valley Battlefields National
[[Page S7354]]
Historic District and Ice Age National Scenic Trail may be
used for a grant to a State, a local government, or any other
land management entity for the acquisition of lands without
regard to any restriction on the use of Federal land
acquisition funds provided through the Land and Water
Conservation Fund Act of 1965 as amended.
Sec. 114. None of the funds made available by this Act may
be obligated or expended by the National Park Service to
enter into or implement a concession contract which permits
or requires the removal of the underground lunchroom at the
Carlsbad Caverns National Park.
Sec. 115. None of the funds in this or any other Act can be
used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United
States District Court for the District of Columbia in the
Cobell v. Norton litigation at an annual rate that exceeds
200 percent of the highest Senior Executive Service rate of
pay for the Washington-Baltimore locality pay area.
Sec. 116. The Secretary of the Interior may use
discretionary funds to pay private attorneys fees and costs
for employees and former employees of the Department of the
Interior reasonably incurred in connection with Cobell v.
Norton to the extent that such fees and costs are not paid by
the Department of Justice or by private insurance. In no case
shall the Secretary make payments under this section that
would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the
District of Columbia for counsel in Cobell v. Norton.
Sec. 117. (a) In General.--Nothing in section 134 of the
Department of the Interior and Related Agencies
Appropriations Act, 2002 (115 Stat. 443) affects the decision
of the United States Court of Appeals for the 10th Circuit in
Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
(b) Use of Certain Indian Land.--Nothing in this section
permits the conduct of gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) on land described in
section 123 of the Department of the Interior and Related
Agencies Appropriations Act, 2001 (114 Stat. 944), or land
that is contiguous to that land, regardless of whether the
land or contiguous land has been taken into trust by the
Secretary of the Interior.
Sec. 118. No funds appropriated for the Department of the
Interior by this Act or any other Act shall be used to study
or implement any plan to drain Lake Powell or to reduce the
water level of the lake below the range of water levels
required for the operation of the Glen Canyon Dam.
Sec. 119. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act
(25 U.S.C. 2717(a)), the total amount of all fees imposed by
the National Indian Gaming Commission for fiscal year 2007
shall not exceed $12,000,000.
Sec. 120. Notwithstanding any implementation of the
Department of the Interior's trust reorganization or
reengineering plans, or the implementation of the ``To Be''
Model, funds appropriated for fiscal year 2006 shall be
available to the tribes within the California Tribal Trust
Reform Consortium and to the Salt River Pima-Maricopa Indian
Community, the Confederated Salish and Kootenai Tribes of the
Flathead Reservation and the Chippewa Cree Tribe of the Rocky
Boys Reservation through the same methodology as funds were
distributed in fiscal year 2003. This Demonstration Project
shall continue to operate separate and apart from the
Department of the Interior's trust reform and reorganization
and the Department shall not impose its trust management
infrastructure upon or alter the existing trust resource
management systems of the above referenced tribes having a
self-governance compact and operating in accordance with the
Tribal Self-Governance Program set forth in 25 U.S.C. 458aa-
458hh: Provided, That the California Trust Reform Consortium
and any other participating tribe agree to carry out their
responsibilities under the same written and implemented
fiduciary standards as those being carried by the Secretary
of the Interior: Provided further, That they demonstrate to
the satisfaction of the Secretary that they have the
capability to do so: Provided further, That the Department
shall provide funds to the tribes in an amount equal to that
required by 25 U.S.C. 458cc(g)(3), including funds
specifically or functionally related to the provision of
trust services to the tribes or their members.
Sec. 121. Notwithstanding any provision of law, including
42 U.S.C. 4321 et. seq., nonrenewable grazing permits
authorized in the Jarbidge Field Office, Bureau of Land
Management within the past 9 years, shall be renewed. The
Animal Unit Months contained in the most recently expired
nonrenewable grazing permit, authorized between March 1,
1997, and February 28, 2003, shall continue in effect under
the renewed permit. Nothing in this section shall be deemed
to extend the nonrenewable permits beyond the standard 1-year
term.
Sec. 122. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
Sec. 123. Notwithstanding any other provision of law, the
National Park Service final winter use rules published in
Part VII of the Federal Register for November 10, 2004, 69
Fed. Reg. 65348 et seq., shall be in force and effect for the
winter use season of 2005-2006 that commences on or about
December 15, 2005.
Sec. 124. Section 1121(d) of the Education Amendments of
1978 (25 U.S.C. 2001(d)) is amended by striking paragraph (7)
and inserting the following:
``(7) Approval of indian tribes.--The Secretary shall not
terminate, close, consolidate, contract, transfer to another
authority, or take any other action relating to an elementary
school or secondary school (or any program of such a school)
of an Indian tribe without the approval of the governing body
of any Indian tribe that would be affected by such an
action.''.
Sec. 125. (a) U.S.S. Arizona Memorial Parking Fee.--
Notwithstanding any other provision of law, the Secretary of
the Interior is authorized to charge a fee for visitor
parking at the U.S.S. Arizona Memorial and to retain and
expend the revenues, without further appropriation, for the
lease of administrative facilities within or near the area at
the memorial administered by the National Park Service.
(b) Authority for Agreements.--The Secretary of the
Interior is further authorized to enter into agreements with
public and private entities for the purpose of streamlining
visitor services by providing visitor information and
admission tickets for National Park Service-administered
sites and other attractions in the vicinity, including but
not limited to the U.S.S. Missouri, the Pacific Air Museum of
Pearl Harbor, and the U.S.S. Bowfin submarine museum.
Sec. 126. Section 108(e) of the Act entitled ``An Act to
establish the Kalaupapa National Historical Park in the State
of Hawaii, and for other purposes'' (16 U.S.C. 410jj-7) is
amended by striking ``twenty-five years from'' and inserting
``on the date that is 45 years after''.
Sec. 127. Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by
striking ``September 30, 2005,'' and inserting ``June 30,
2006,''.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended; necessary expenses for personnel and related costs
and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376;
procurement of laboratory equipment and supplies; other
operating expenses in support of research and development;
construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$730,795,000, to remain available until September 30, 2007.
Environmental Programs and Management
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to
exceed $9,000 for official reception and representation
expenses, $2,333,416,000, to remain available until September
30, 2007, including administrative costs of the brownfields
program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, and for construction, alteration,
repair, rehabilitation, and renovation of facilities, not to
exceed $85,000 per project, $36,955,000, to remain available
until September 30, 2007.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$40,218,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including sections 111(c)(3),
(c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for
construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,256,165,000, to remain available until expended,
consisting of such sums as are available in the Trust Fund
upon the date of enactment of this Act as authorized by
section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,256,165,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA, as amended: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in
accordance with section 111(a) of
[[Page S7355]]
CERCLA: Provided further, That of the funds appropriated
under this heading, $13,536,000 shall be transferred to the
``Office of Inspector General'' appropriation to remain
available until September 30, 2007, and $30,606,000 shall be
transferred to the ``Science and Technology'' appropriation
to remain available until September 30, 2007.
Leaking Underground Storage Tank Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by section 205 of
the Superfund Amendments and Reauthorization Act of 1986, and
for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$73,027,000, to remain available until expended.
Oil Spill Response
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $15,863,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
(including rescission of funds)
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,453,550,000, to remain
available until expended, of which $1,100,000,000 shall be
for making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''); $850,000,000 shall be
for capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking Water
Act, as amended, except that, notwithstanding section 1452(n)
of the Safe Drinking Water Act, as amended, none of the funds
made available under this heading in this Act, or in previous
appropriations Acts, shall be reserved by the Administrator
for health effects studies on drinking water contaminants;
$50,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; $40,000,000 shall be for grants to the State of
Alaska to address drinking water and waste infrastructure
needs of rural and Alaska Native Villages: Provided, That, of
these funds: (1) the State of Alaska shall provide a match of
25 percent; (2) no more than 5 percent of the funds may be
used for administrative and overhead expenses; and (3) not
later than October 1, 2005 the State of Alaska shall make
awards consistent with the State-wide priority list
established in 2004 for all water, sewer, waste disposal, and
similar projects carried out by the State of Alaska that are
funded under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921 et seq.) which shall
allocate not less than 25 percent of the funds provided for
projects in regional hub communities; $200,000,000 shall be
for making grants for the construction of drinking water,
wastewater and storm water infrastructure and for water
quality protection in accordance with the terms and
conditions specified for such grants in the joint explanatory
statement of the managers accompanying this Act, and, for
purposes of these grants, each grantee shall contribute not
less than 45 percent of the cost of the project unless the
grantee is approved for a waiver by the Agency; $90,000,000
shall be to carry out section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including grants, interagency
agreements, and associated program support costs; $1,000,000
for cost-shared grants for school bus retrofit and
replacement projects that reduce diesel emissions; and
$1,122,550,000 shall be for grants, including associated
program support costs, to States, federally recognized
tribes, interstate agencies, tribal consortia, and air
pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
subject to terms and conditions specified by the
Administrator, of which $50,000,000 shall be for carrying out
section 128 of CERCLA, as amended, $19,344,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs, and $16,856,000 shall be
for making competitive targeted watershed grants: Provided
further, That for fiscal year 2006, State authority under
section 302(a) of Public Law 104-182 shall remain in effect:
Provided further, That notwithstanding section 603(d)(7) of
the Federal Water Pollution Control Act, the limitation on
the amounts in a State water pollution control revolving fund
that may be used by a State to administer the fund shall not
apply to amounts included as principal in loans made by such
fund in fiscal year 2005 and prior years where such amounts
represent costs of administering the fund to the extent that
such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund,
including administration: Provided further, That for fiscal
year 2006, and notwithstanding section 518(f) of the Act, the
Administrator is authorized to use the amounts appropriated
for any fiscal year under section 319 of that Act to make
grants to Indian tribes pursuant to sections 319(h) and
518(e) of that Act: Provided further, That for fiscal year
2006, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 1\1/2\ percent of the
funds appropriated for State Revolving Funds under title VI
of that Act may be reserved by the Administrator for grants
under section 518(c) of that Act: Provided further, That no
funds provided by this legislation to address the water,
wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico
border shall be made available to a county or municipal
government unless that government has established an
enforceable local ordinance, or other zoning rule, which
prevents in that jurisdiction the development or construction
of any additional colonia areas, or the development within an
existing colonia the construction of any new home, business,
or other structure which lacks water, wastewater, or other
necessary infrastructure: Provided further, That,
notwithstanding any other provision of law, heretofore and
hereafter, after consultation with the House and Senate
Committees on Appropriations and for the purpose of making
technical corrections, the Administrator is authorized to
award grants under this heading to entities and for purposes
other than those listed in the joint explanatory statements
of the managers accompanying the Agency's appropriations Acts
for the construction of drinking water, wastewater and
stormwater infrastructure and for water quality protection:
Provided further, That from unobligated prior year funds in
appropriation accounts available to the Environmental
Protection Agency, $58,000,000 is hereby rescinded: Provided
further, That such rescissions shall be taken solely from
amounts associated with grants, contracts, and interagency
agreements whose availability under the original period for
obligation for such grant, contract, or interagency agreement
has expired.
Administrative Provisions
For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally-
recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian Tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (as added by
subsection (f)(2) of the Pesticide Registration Improvement
Act of 2003), as amended.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated
funds for fiscal year 2006 may be used to award grants or
loans under section 104(k) of CERCLA to eligible entities
that satisfy all of the elements set forth in CERCLA section
101(40) to qualify as a bona fide prospective purchaser
except that the date of acquisition of the property was prior
to the date of enactment of the Small Business Liability
Relief and Brownfield Revitalization Act of 2001.
For fiscal years 2006 through 2011, the Administrator may,
after consultation with the Office of Personnel Management,
make not to exceed five appointments in any fiscal year under
the authority provided in 42 U.S.C. 209 for the Office of
Research and Development.
Beginning in fiscal year 2006 and thereafter, and
notwithstanding section 306 of the Toxic Substances Control
Act, the Federal share of the cost of radon program
activities implemented with Federal assistance under section
306 shall not exceed 60 percent in the third and subsequent
grant years.
None of the funds provided in this Act or any other Act may
be used by the Environmental Protection Agency (EPA) to
publish proposed or final regulations pursuant to the
requirements of section 428(b) of Division G of Public Law
108-199 until the Administrator of the Environmental
Protection Agency, in coordination with other appropriate
Federal agencies, has completed and published a technical
study to look at safety issues, including the risk of fire
and burn to consumers in use, associated with compliance with
the regulations. Not later than six months after the date of
enactment of this Act, the Administrator shall complete and
publish the technical study.
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $280,892,000, to remain available until
expended: Provided, That of the funds provided, $58,434,000
is for the forest inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
including treatments of pests, pathogens, and invasive or
noxious plants and for restoring and rehabilitating forests
damaged by pests or invasive plants, cooperative forestry,
and education and land conservation activities and conducting
an international program as authorized, $254,615,000, to
remain available until expended, as authorized by law of
which $62,632,000 is to be derived from the Land and Water
Conservation Fund.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,377,656,000, to
remain
[[Page S7356]]
available until expended, which shall include 50 percent of
all moneys received during prior fiscal years as fees
collected under the Land and Water Conservation Fund Act of
1965, as amended, in accordance with section 4 of the Act (16
U.S.C. 460l-6a(i)): Provided, That unobligated balances under
this heading available at the start of fiscal year 2006 shall
be displayed by budget line item in the fiscal year 2007
budget justification: Provided further, That of the funds
provided under this heading for Forest Products, $5,000,000
shall be allocated to the Alaska Region, in addition to its
normal allocation for the purposes of preparing additional
timber for sale, to establish a 3-year timber supply and such
funds may be transferred to other appropriations accounts as
necessary to maximize accomplishment: Provided further, That
within funds available for the purpose of implementing the
Valles Caldera Preservation Act, notwithstanding the
limitations of section 107(e)(2) of the Valles Caldera
Preservation Act (Public Law 106-248), for fiscal year 2006,
the Chair of the Board of Trustees of the Valles Caldera
Trust may receive, upon request, compensation for each day
(including travel time) that the Chair is engaged in the
performance of the functions of the Board, except that
compensation shall not exceed the daily equivalent of the
annual rate in effect for members of the Senior Executive
Service at the ES-1 level, and shall be in addition to any
reimbursement for travel, subsistence and other necessary
expenses incurred by the Chair in the performance of the
Chair's duties.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
fire suppression on or adjacent to such lands or other lands
under fire protection agreement, hazardous fuels reduction on
or adjacent to such lands, and for emergency rehabilitation
of burned-over National Forest System lands and water,
$1,745,531,000, to remain available until expended: Provided,
That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such
purposes: Provided further, That any unobligated balances
remaining may be transferred to the ``National Forest
System'' account and available without further appropriation
to fund vegetative treatments that improve condition class:
Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further,
That not less than 50 percent of any unobligated balances
remaining (exclusive of amounts for hazardous fuels
reduction) at the end of fiscal year 2005 shall be
transferred to the fund established pursuant to section 3 of
Public Law 71-319 (16 U.S.C. 576 et seq.) if necessary to
reimburse the fund for unpaid past advances: Provided
further, That, notwithstanding any other provision of law,
$8,000,000 of funds appropriated under this appropriation
shall be used for Fire Science Research in support of the
Joint Fire Science Program: Provided further, That all
authorities for the use of funds, including the use of
contracts, grants, and cooperative agreements, available to
execute the Forest and Rangeland Research appropriation, are
also available in the utilization of these funds for Fire
Science Research: Provided further, That funds provided shall
be available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland
interface, support to Federal emergency response, and
wildfire suppression activities of the Forest Service:
Provided further, That of the funds provided, $281,000,000 is
for hazardous fuels reduction activities, $2,000,000 is for
rehabilitation and restoration, $18,385,000 is for research
activities and to make competitive research grants pursuant
to the Forest and Rangeland Renewable Resources Research Act,
as amended (16 U.S.C. 1641 et seq.), $40,179,000 is for State
fire assistance, $7,889,000 is for volunteer fire assistance,
$6,974,000 is for forest health activities on Federal lands
and $4,598,000 is for forest health activities on State and
private lands: Provided further, That amounts in this
paragraph may be transferred to the ``State and Private
Forestry'', ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund State fire assistance,
volunteer fire assistance, forest health management, forest
and rangeland research, vegetation and watershed management,
heritage site rehabilitation, and wildlife and fish habitat
management and restoration: Provided further, That transfers
of any amounts in excess of those authorized in this
paragraph, shall require approval of the House and Senate
Committees on Appropriations in compliance with reprogramming
procedures contained in the report accompanying this Act:
Provided further, That funds provided under this heading for
hazardous fuels treatments may be transferred to and made a
part of the ``National Forest System'' account at the sole
discretion of the Chief of the Forest Service thirty days
after notifying the House and the Senate Committees on
Appropriations: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the
Forest Service under the State and Private Forestry
Appropriation, up to $15,000,000 may be used on adjacent non-
Federal lands for the purpose of protecting communities when
hazard reduction activities are planned on national forest
lands that have the potential to place such communities at
risk: Provided further, That included in funding for
hazardous fuel reduction is $5,000,000 for implementing the
Community Forest Restoration Act, Public Law 106-393, title
VI, and any portion of such funds shall be available for use
on non-Federal lands in accordance with authorities available
to the Forest Service under the State and Private Forestry
Appropriation: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the
transfer of funds appropriated for wildland fire management,
in an aggregate amount not to exceed $12,000,000, between the
Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and
projects: Provided further, That of the funds provided for
hazardous fuels reduction, not to exceed $5,000,000, may be
used to make grants, using any authorities available to the
Forest Service under the State and Private Forestry
appropriation, for the purpose of creating incentives for
increased use of biomass from national forest lands.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $409,751,000, to remain available until
expended for construction, reconstruction, maintenance and
acquisition of buildings and other facilities, and for
construction, reconstruction, repair, decommissioning, and
maintenance of forest roads and trails by the Forest Service
as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:
Provided, That up to $15,000,000 of the funds provided herein
for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not
part of the transportation system, which are no longer
needed: Provided further, That no funds shall be expended to
decommission any system road until notice and an opportunity
for public comment has been provided on each decommissioning
project: Provided further, That of funds provided, $3,000,000
is provided for needed rehabilitation and restoration work at
Jarbidge Canyon, Nevada: Provided further, That the Secretary
of Agriculture may authorize the transfer of up to $1,350,000
as necessary to the Department of the Interior, Bureau of
Land Management and Fish and Wildlife Service when such
transfers would facilitate and expedite needed rehabilitation
work on Bureau of Land Management lands, and for the Fish and
Wildlife Service to implement terms and conditions identified
in the Biological Opinion.
land acquisition
For expenses necessary to carry out the provisions of the
Land and Water Conservation Fund Act of 1965, as amended (16
U.S.C. 460l-4 through 11), including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
Forest Service, $44,925,000, to be derived from the Land and
Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California, as authorized by law, $1,069,000, to be derived
from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967, as amended (16
U.S.C. 484a), to remain available until expended.
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, as amended, to
remain available until expended, of which not to exceed 6
percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $64,000, to
remain available until expended, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act
(Public Law 96-487), $5,067,000, to remain available until
expended.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of not to exceed
119 passenger motor vehicles of which 14 will be used
primarily for law enforcement purposes and of which 119 shall
be for replacement; acquisition of 25 passenger motor
vehicles from excess sources, and hire of such vehicles;
purchase, lease, operation, maintenance, and acquisition of
aircraft from excess sources to maintain the operable fleet
at 195 aircraft for use in Forest Service wildland fire
programs and other Forest Service programs; notwithstanding
other provisions of law, existing aircraft being replaced may
be sold,
[[Page S7357]]
with proceeds derived or trade-in value used to offset the
purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7
U.S.C. 2250); (4) acquisition of land, waters, and interests
therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant
to the Volunteers in the National Forest Act of 1972 (16
U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms
as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be
obligated or expended to abolish any region, to move or close
any regional office for National Forest System administration
of the Forest Service, Department of Agriculture without the
consent of the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the House and Senate
Committees on Appropriations and if and only if all
previously appropriated emergency contingent funds under the
heading ``Wildland Fire Management'' have been released by
the President and apportioned and all wildfire suppression
funds under the heading ``Wildland Fire Management'' are
obligated.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development and the Foreign Agricultural Service in
connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall
be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and
training, and cooperation with United States and
international organizations.
None of the funds made available to the Forest Service
under this Act shall be subject to transfer under the
provisions of section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b, except
that in fiscal year 2006 the Forest Service may transfer
funds to the ``National Forest System'' account from other
agency accounts to enable the agency's law enforcement
program to pay full operating costs including overhead.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the report accompanying
this Act.
Not more than $72,646,000 of funds available to the Forest
Service may be transferred to the Working Capital Fund of the
Department of Agriculture. Nothing in this section shall
prohibit or limit the use of reimbursable agreements
requested by the Forest Service in order to obtain services
from the Department of Agriculture's National Information
Technology Center.
Funds available to the Forest Service shall be available to
conduct a program of not less than $2,000,000 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, no more than
$350,000 shall be available for administrative expenses:
Provided further, That the Foundation shall obtain, by the
end of the period of Federal financial assistance, private
contributions to match on at least one-for-one basis funds
made available by the Forest Service: Provided further, That
the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds: Provided
further, That authorized investments of Federal funds held by
the Foundation may be made only in interest-bearing
obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244,
$2,650,000 of the funds available to the Forest Service shall
be available for matching funds to the National Fish and
Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709,
and may be advanced in a lump sum to aid conservation
partnership projects in support of the Forest Service
mission, without regard to when expenses are incurred, for
projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the
Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at
least one-for-one basis funds advanced by the Forest Service:
Provided further, That the Foundation may transfer Federal
funds to a non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching
funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities for sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to sections 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Notwithstanding any other provision of law, any
appropriations or funds available to the Forest Service not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
Any appropriations or funds available to the Forest Service
may be used for necessary expenses in the event of law
enforcement emergencies as necessary to protect natural
resources and public or employee safety: Provided, That such
amounts shall not exceed $1,000,000.
An eligible individual who is employed in any project
funded under title V of the Older American Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service in this Act may be
used for the purpose of expenses associated with primary and
secondary schooling for dependents of agency personnel
stationed in Puerto Rico prior to the date of enactment of
this Act, who are subject to transfer and reassignment to
other locations in the United States, at a cost not in excess
of those authorized for the Department of Defense for the
same area, when it is determined by the Chief of the Forest
Service that public schools available in the locality are
unable to provide adequately for the education of such
dependents.
In support of management of the National Wildlife Refuge
System, Lot 6C of United States Survey 2538-A, containing
2.39 acres and the residential triplex situated thereon,
located in Kodiak, Alaska, is hereby transferred from the
USDA Forest Service to the U.S. Fish and Wildlife Service.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the
Indian Health Care Improvement Act, and titles II and III of
the Public Health Service Act with respect to the Indian
Health Service, $2,732,323,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal
organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), shall be deemed to be obligated at the time of the
grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year
limitation: Provided further, That up to $18,000,000 shall
remain available until expended, for the Indian Catastrophic
Health Emergency Fund: Provided further, That $507,021,000
for contract medical care shall remain available for
obligation until September 30, 2007: Provided further, That
of the funds provided, up to $27,000,000, to remain available
until expended, shall be used to carry out the loan repayment
program under section 108 of the Indian Health Care
Improvement Act: Provided further, That funds provided in
this Act may be used for one-year contracts and grants which
are to be performed in two fiscal years, so long as the total
obligation is recorded in the year for which the funds are
appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement
Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security
Act (exclusive of planning, design, or construction of new
facilities): Provided further, That funding contained herein,
and in any earlier appropriations Acts for scholarship
programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided
further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care
Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That, notwithstanding any
other provision of law, of the amounts provided herein, not
to exceed $268,683,000 shall be for payments to tribes and
tribal organizations for contract or grant support costs
associated with contracts, grants, self-governance compacts
or annual funding agreements between the Indian Health
Service and a tribe or tribal organization pursuant to the
Indian Self-Determination Act of 1975, as amended, prior to
or during fiscal year 2006, of which not to exceed $5,000,000
may be used for contract support costs associated with new or
expanded self-determination contracts, grants, self-
governance compacts or annual funding agreements: Provided
further, That the Bureau of Indian Affairs may collect from
the Indian Health Service and tribes and tribal organizations
operating health facilities pursuant to Public Law 93-638
such individually identifiable health information relating to
disabled children as may be necessary for the
[[Page S7358]]
purpose of carrying out its functions under the Individuals
with Disability Education Act, 20 U.S.C. 1400, et seq.:
Provided further, That of the amounts provided to the Indian
Health Service, $15,000,000 is provided for alcohol control,
enforcement, prevention, treatment, sobriety and wellness,
and education in Alaska, to be distributed in accordance with
the instruction provided in the committee report accompanying
this Act: Provided further, That none of the funds may be
used for tribal courts or tribal ordinance programs or any
program that is not directly related to alcohol control,
enforcement, prevention, treatment, or sobriety: Provided
further, That no more than 15 percent may be used by any
entity receiving funding for administrative overhead
including indirect costs.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $335,643,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction or
renovation of health facilities for the benefit of an Indian
tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities:
Provided further, That not to exceed $500,000 shall be used
by the Indian Health Service to purchase TRANSAM equipment
from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That
none of the funds appropriated to the Indian Health Service
may be used for sanitation facilities construction for new
homes funded with grants by the housing programs of the
United States Department of Housing and Urban Development:
Provided further, That not to exceed $1,000,000 from this
account and the ``Indian Health Services'' account shall be
used by the Indian Health Service to obtain ambulances for
the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between
the Indian Health Service and the General Services
Administration: Provided further, That notwithstanding any
other provision of law, the Indian Health Service is
authorized to construct a replacement health care facility in
Nome, Alaska, on land owned by the Norton Sound Health
Corporation: Provided further, That not to exceed $500,000
shall be placed in a Demolition Fund, available until
expended, to be used by the Indian Health Service for
demolition of Federal buildings.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C.
3109 but at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under
5 U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints;
purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and for uniforms
or allowances therefor as authorized by 5 U.S.C. 5901-5902;
and for expenses of attendance at meetings which are
concerned with the functions or activities for which the
appropriation is made or which will contribute to improved
conduct, supervision, or management of those functions or
activities.
In accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health
care at all tribally administered or Indian Health Service
facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the
facility providing the service and shall be available without
fiscal year limitation. Notwithstanding any other law or
regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation
Facilities Act) and Public Law 93-638, as amended.
Funds appropriated to the Indian Health Service in this
Act, except those used for administrative and program
direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation.
None of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or
charges by the Department of Health and Human Services unless
identified in the budget justification and provided in this
Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process. Personnel
ceilings may not be imposed on the Indian Health Service nor
may any action be taken to reduce the full time equivalent
level of the Indian Health Service below the level in fiscal
year 2002 adjusted upward for the staffing of new and
expanded facilities, funding provided for staffing at the
Lawton, Oklahoma hospital in fiscal years 2003 and 2004,
critical positions not filled in fiscal year 2002, and
staffing necessary to carry out the intent of Congress with
regard to program increases.
Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance
agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without
fiscal year limitation.
None of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule
published in the Federal Register on September 16, 1987, by
the Department of Health and Human Services, relating to the
eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated with
the proposed final rule, and such request has been included
in an appropriations Act and enacted into law.
With respect to functions transferred by the Indian Health
Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in
advance with subsequent adjustment. The reimbursements
received therefrom, along with the funds received from those
entities pursuant to the Indian Self-Determination Act, may
be credited to the same or subsequent appropriation account
which provided the funding. Such amounts shall remain
available until expended.
Reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or
technical assistance.
The appropriation structure for the Indian Health Service
may not be altered without advance notification to the House
and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended, and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $80,289,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; section 118(f) of
the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the Solid Waste
Disposal Act, as amended, $76,024,000, of which up to
$1,500,000, to remain available until expended, is for
Individual Learning Accounts for full-time equivalent
employees of the Agency for Toxic Substances and Disease
Registry: Provided, That notwithstanding any other provision
of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may
conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited health care providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2006,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $2,717,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902, and for
services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376, $9,200,000: Provided, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more
than three career Senior Executive Service positions:
Provided further, That notwithstanding
[[Page S7359]]
any other provision of law, the individual appointed to the
position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold
the position of Inspector General of the Board: Provided
further, That notwithstanding any other provision of law, the
Inspector General of the Board shall utilize personnel of the
Office of Inspector General of EPA in performing the duties
of the Inspector General of the Board, and shall not appoint
any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$8,601,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified
eligible relocatees who have selected and received an
approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title
XV of Public Law 99-498, as amended (20 U.S.C. 56 part A),
$6,300,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for
terms not to exceed 30 years), and protection of buildings,
facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; up to five
replacement passenger vehicles; purchase, rental, repair, and
cleaning of uniforms for employees, $524,135,000, of which
not to exceed $10,992,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the
National Museum of African American History and Culture, and
the repatriation of skeletal remains program shall remain
available until expended; and of which $9,086,000 for the
reopening of the Patent Office Building and for fellowships
and scholarly awards shall remain available until September
30, 2007; and including such funds as may be necessary to
support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research
Centers: Provided, That funds appropriated herein are
available for advance payments to independent contractors
performing research services or participating in official
Smithsonian presentations: Provided further, That the
Smithsonian Institution may expend Federal appropriations
designated in this Act for lease or rent payments for long
term and swing space, as rent payable to the Smithsonian
Institution, and such rent payments may be deposited into the
general trust funds of the Institution to the extent that
federally supported activities are housed in the 900 H
Street, N.W. building in the District of Columbia: Provided
further, That this use of Federal appropriations shall not be
construed as debt service, a Federal guarantee of, a transfer
of risk to, or an obligation of, the Federal Government:
Provided further, That no appropriated funds may be used to
service debt which is incurred to finance the costs of
acquiring the 900 H Street building or of planning,
designing, and constructing improvements to such building.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$100,000,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5
U.S.C. 3109: Provided, That contracts awarded for
environmental systems, protection systems, and repair or
restoration of facilities of the Smithsonian Institution may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $96,600,000,
of which not to exceed $3,157,000 for the special exhibition
program shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, as authorized, $15,000,000, to remain available
until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior
repair or renovation of buildings of the National Gallery of
Art may be negotiated with selected contractors and awarded
on the basis of contractor qualifications as well as price:
Provided further, That, notwithstanding any other provision
of law, a single procurement for the Master Facilities Plan
renovation project at the National Gallery of Art may be
issued which includes the full scope of the Work Area #3
project: Provided further, That the solicitation and the
contract shall contain the clause ``availability of funds''
found at 48 CFR 52.232.18.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $17,800,000.
construction
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $15,200,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $9,201,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$126,264,000 shall be available to the National Endowment for
the Arts for the support of projects and productions in the
arts through assistance to organizations and individuals
pursuant to sections 5(c) and 5(g) of the Act, including
$14,922,000 for support of arts education and public outreach
activities through the Challenge America program, for program
support, and for administering the functions of the Act, to
remain available until expended: Provided, That funds
previously appropriated to the National Endowment for the
Arts ``Matching Grants'' account and ``Challenge America''
account may be transferred to and merged with this account:
Provided further, That funds appropriated herein shall be
expended in accordance with sections 309 and 311 of Public
Law 108-108.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, as amended,
$127,605,000, shall be available to the National Endowment
for the Humanities for support of activities in the
humanities, pursuant to section 7(c) of the Act, and for
administering the functions of the Act, to remain available
until expended.
matching grants
To carry out the provisions of section 10(a)(2) of the
National Foundation on the Arts and the Humanities Act of
1965, as amended, $15,449,000, to remain available until
expended, of which $10,000,000 shall be available to the
National Endowment for the Humanities for the purposes of
section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of
money, and other property accepted by the chairman or by
grantees of the Endowment under the provisions of subsections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds appropriated
to the National Foundation on the Arts and the Humanities may
be used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and
representation expenses: Provided further, That the
Chairperson of the National
[[Page S7360]]
Endowment for the Arts may approve grants up to $10,000, if
in the aggregate this amount does not exceed 5 percent of the
sums appropriated for grant-making purposes per year:
Provided further, That such small grant actions are taken
pursuant to the terms of an expressed and direct delegation
of authority from the National Council on the Arts to the
Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a
Commission of Fine Arts (40 U.S.C. 104), $1,893,000:
Provided, That the Commission is authorized to charge fees to
cover the full costs of its publications, and such fees shall
be credited to this account as an offsetting collection, to
remain available until expended without further
appropriation.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), as amended, $7,492,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $4,943,000:
Provided, That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including
services as authorized by 5 U.S.C. 3109, $8,244,000:
Provided, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and
representational expenses associated with hosting
international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$43,233,000, of which $1,874,000 for the museum's repair and
rehabilitation program and $1,246,000 for the museum's
exhibition design and production program shall remain
available until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus
Parks and Public Lands Management Act of 1996, $19,722,000
shall be available to the Presidio Trust, to remain available
until expended.
White House Commission on the National Moment of Remembrance
operations
For necessary expenses of the White House Commission on the
National Moment of Remembrance, $250,000.
TITLE IV--GENERAL PROVISIONS
Sec. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 402. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 403. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 404. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
provide a personal cook, chauffeur, or other personal
servants to any officer or employee of such department or
agency except as otherwise provided by law.
Sec. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and
subactivities to support government-wide, departmental,
agency or bureau administrative functions or headquarters,
regional or central operations shall be presented in annual
budget justifications and subject to approval by the
Committees on Appropriations. Changes to such estimates shall
be presented to the Committees on Appropriations for
approval.
Sec. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer provided in, this Act or any other Act.
Sec. 407. None of the funds in this Act may be used to
plan, prepare, or offer for sale timber from trees classified
as giant sequoia (Sequoiadendron giganteum) which are located
on National Forest System or Bureau of Land Management lands
in a manner different than such sales were conducted in
fiscal year 2005.
Sec. 408. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not
apply if the Secretary of the Interior determines that, for
the claim concerned: (1) a patent application was filed with
the Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2006, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on actions taken by the
Department under the plan submitted pursuant to section
314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Bureau of Land Management to
conduct a mineral examination of the mining claims or mill
sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of
third-party contractors.
Sec. 409. The National Endowment for the Arts and the
National Endowment for the Humanities are hereinafter
authorized to solicit, accept, receive, and invest in the
name of the United States, gifts, bequests, or devises of
money and other property or services and to use such in
furtherance of the functions of the National Endowment for
the Arts and the National Endowment for the Humanities. Any
proceeds from such gifts, bequests, or devises, after
acceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by the
donor or the representative of the donor to the Chairman. The
Chairman shall enter the proceeds in a special interest-
bearing account to the credit of the appropriate endowment
for the purposes specified in each case.
Sec. 410. No part of any appropriation contained in this
Act shall be expended or obligated to complete and issue the
5-year program under the Forest and Rangeland Renewable
Resources Planning Act.
Sec. 411. Section 3(a) of the Act of June 9, 1930 (commonly
known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is
amended--
(1) by striking ``or'' following ``stand of timber,'' in
(3); and
(2) by striking the period following ``wildlife habitat
management'' in (4), and inserting ``, or (5) watershed
restoration, wildlife habitat improvement, control of
insects, disease and noxious weeds, community protection
activities, and the maintenance of forest roads, within the
Forest Service region in which the timber sale occurred:
Provided, That such activities may be performed through the
use of contracts, forest product sales, and cooperative
agreements.''.
Sec. 412. Amounts deposited during fiscal year 2005 in the
roads and trails fund provided for in the 14th paragraph
under the heading ``FOREST SERVICE'' of the Act of March 4,
1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the
Secretary of Agriculture, without regard to the State in
which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or
to carry out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of
roads, bridges, and trails on National Forest System lands in
the wildland-community interface where there is an abnormally
high risk of fire. The projects shall emphasize reducing
risks to human safety and public health and property and
enhancing ecological functions, long-term forest
productivity, and biological integrity. The projects may be
completed in a subsequent fiscal year. Funds shall not be
expended under this section to replace funds which would
otherwise appropriately be expended from the timber salvage
sale fund. Nothing in this section shall be construed to
exempt any project from any environmental law.
Sec. 413. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering
machines during core business hours unless such answering
machines include an option that enables callers to reach
promptly an individual on-duty with the agency being
contacted.
Sec. 414. No timber sale in Region 10 shall be advertised
if the indicated rate is deficit when appraised using a
residual value approach that assigns domestic Alaska values
for western redcedar. Program accomplishments shall be based
on volume sold. Should Region 10 sell, in the current fiscal
year, the annual average portion of the decadal allowable
sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised
using a residual value approach that assigns domestic Alaska
values for western redcedar, all of the western redcedar
timber from those sales which is surplus to the needs of
domestic processors in Alaska, shall be made available to
domestic processors in the contiguous 48 United States at
prevailing domestic prices. Should Region 10 sell, in the
current fiscal year, less than the annual average portion of
the decadal allowable sale quantity called for in the Tongass
Land Management Plan in sales which are not deficit when
appraised using a residual value approach that assigns
domestic Alaska values for western redcedar, the volume of
western redcedar timber available to domestic processors at
prevailing domestic prices in the contiguous 48 United States
shall be that volume: (1) which is surplus to the needs of
domestic processors in Alaska; and (2) is that percent
[[Page S7361]]
of the surplus western redcedar volume determined by
calculating the ratio of the total timber volume which has
been sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current
Tongass Land Management Plan. The percentage shall be
calculated by Region 10 on a rolling basis as each sale is
sold (for purposes of this amendment, a ``rolling basis''
shall mean that the determination of how much western
redcedar is eligible for sale to various markets shall be
made at the time each sale is awarded). Western redcedar
shall be deemed ``surplus to the needs of domestic processors
in Alaska'' when the timber sale holder has presented to the
Forest Service documentation of the inability to sell western
redcedar logs from a given sale to domestic Alaska processors
at a price equal to or greater than the log selling value
stated in the contract. All additional western redcedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
Sec. 415. Prior to October 1, 2006, the Secretary of
Agriculture shall not be considered to be in violation of
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without
revision of the plan for a unit of the National Forest
System. Nothing in this section exempts the Secretary from
any other requirement of the Forest and Rangeland Renewable
Resources Planning Act (16 U.S.C. 1600 et seq.) or any other
law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.
Sec. 416. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
Sec. 417. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act
(42 U.S.C. 1856m) the Secretary of Agriculture and the
Secretary of the Interior are authorized to enter into
reciprocal agreements in which the individuals furnished
under said agreements to provide wildfire services are
considered, for purposes of tort liability, employees of the
country receiving said services when the individuals are
engaged in fire suppression: Provided, That the Secretary of
Agriculture or the Secretary of the Interior shall not enter
into any agreement under this provision unless the foreign
country (either directly or through its fire organization)
agrees to assume any and all liability for the acts or
omissions of American firefighters engaged in firefighting in
a foreign country: Provided further, That when an agreement
is reached for furnishing fire fighting services, the only
remedies for acts or omissions committed while fighting fires
shall be those provided under the laws of the host country,
and those remedies shall be the exclusive remedies for any
claim arising out of fighting fires in a foreign country:
Provided further, That neither the sending country nor any
legal organization associated with the firefighter shall be
subject to any legal action whatsoever pertaining to or
arising out of the firefighter's role in fire suppression.
Sec. 418. Notwithstanding any other provision of law or
regulation, to promote the more efficient use of the health
care funding allocation for fiscal year 2006, the Eagle Butte
Service Unit of the Indian Health Service, at the request of
the Cheyenne River Sioux Tribe, may pay base salary rates to
health professionals up to the highest grade and step
available to a physician, pharmacist, or other health
professional and may pay a recruitment or retention bonus of
up to 25 percent above the base pay rate.
Sec. 419. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government
procurement and contracting laws, the Secretary of
Agriculture and the Secretary of the Interior (the
``Secretaries'') may, in evaluating bids and proposals, give
consideration to local contractors who are from, and who
provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have
been affected by reduced timber harvesting on Federal lands
and other forest-dependent rural communities isolated from
significant alternative employment opportunities: Provided,
That notwithstanding Federal Government procurement and
contracting laws the Secretaries may award contracts, grants
or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local
or non-profit youth groups, or small or micro-business or
disadvantaged business: Provided further, That the contract,
grant, or cooperative agreement is for forest hazardous fuels
reduction, watershed or water quality monitoring or
restoration, wildlife or fish population monitoring, or
habitat restoration or management: Provided further, That the
terms ``rural community'' and ``economically disadvantaged''
shall have the same meanings as in section 2374 of Public Law
101-624: Provided further, That the Secretaries shall develop
guidance to implement this section: Provided further, That
nothing in this section shall be construed as relieving the
Secretaries of any duty under applicable procurement laws,
except as provided in this section.
Sec. 420. No funds appropriated in this Act for the
acquisition of lands or interests in lands may be expended
for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate
Committees on Appropriations: Provided, That this provision
shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of
1989, or to funds appropriated for Federal assistance to the
State of Florida to acquire lands for Everglades restoration
purposes.
Sec. 421. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other Act to
the Department of the Interior for fiscal year 2006, not more
than $3,450,000 may be used by the Secretary of the Interior
to initiate or continue competitive sourcing studies in
fiscal year 2006 for programs, projects, and activities for
which funds are appropriated by this Act until such time as
the Secretary concerned submits a reprogramming proposal to
the Committees on Appropriations of the Senate and the House
of Representatives, and such proposal has been processed
consistent with the reprogramming guidelines included in the
report accompanying this Act.
(2) Of the funds appropriated by this Act, not more than
$3,000,000 may be used in fiscal year 2006 for competitive
sourcing studies and related activities by the Forest
Service.
(b) Competitive Sourcing Study Defined.--In this section,
the term ``competitive sourcing study'' means a study on
subjecting work performed by Federal Government employees or
private contractors to public-private competition or on
converting the Federal Government employees or the work
performed by such employees to private contractor performance
under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.
(c) Competitive Sourcing Exemption for Forest Service
Studies Conducted Prior to Fiscal Year 2006.--The Forest
Service is hereby exempted from implementing the Letter of
Obligation and post-competition accountability guidelines
where a competitive sourcing study involved 65 or fewer full-
time equivalents, the performance decision was made in favor
of the agency provider; no net savings was achieved by
conducting the study, and the study was completed prior to
the date of this Act.
(d) In preparing any reports to the Committees on
Appropriations on competitive sourcing activities, agencies
funded in this Act shall include the incremental cost
directly attributable to conducting the competitive sourcing
competitions, including costs attributable to paying outside
consultants and contractors and, in accordance with full cost
accounting principles, all costs attributable to developing,
implementing, supporting, managing, monitoring, and reporting
on competitive sourcing, including personnel, consultant,
travel, and training costs associated with program
management.
Sec. 422. None of the funds in this Act or prior Acts
making appropriations for the Department of the Interior and
Related Agencies may be provided to the managing partners or
their agents for the SAFECOM or Disaster Management projects.
Sec. 423. (a) In General.--An entity that enters into a
contract with the United States to operate the National
Recreation Reservation Service (as solicited by the
solicitation numbered WO-04-06vm) shall not carry out any
duties under the contract using:
(1) a contact center located outside the United States; or
(2) a reservation agent who does not live in the United
States.
(b) No Waiver.--The Secretary of Agriculture may not waive
the requirements of subsection (a).
(c) Telecommuting.--A reservation agent who is carrying out
duties under the contract described in subsection (a) may not
telecommute from a location outside the United States.
(d) Limitations.--Nothing in this Act shall be construed to
apply to any employee of the entity who is not a reservation
agent carrying out the duties under the contract described in
subsection (a) or who provides managerial or support
services.
Sec. 424. Section 331, of Public Law 106-113, is amended--
(1) in part (a) by striking ``2004'' and inserting
``2006''; and
(2) in part (b) by striking ``2004'' and inserting
``2006''.
Sec. 425. Section 321 of the Consolidated Appropriations
Act, 2003, as included in Public Law 108-7, is amended by
striking ``September 30, 2005'' and inserting ``September 30,
2007''.
Sec. 426. Section 5 of the Arts and Artifacts Indemnity Act
(20 U.S.C. 974) is amended--
(1) in subsection (b), by striking ``$8,000,000,000'' and
inserting ``$10,000,000,000''; and
(2) in subsection (c), by striking ``$600,000,000'' and
inserting ``$1,200,000,000''.
Sec. 427. (a) In General.--
(1) Beginning in fiscal year 2006 and thereafter, the
Secretary of Agriculture and the Secretary of the Interior
are authorized to make grants to the Eastern Nevada Landscape
Coalition for the study and restoration of rangeland and
other lands in Nevada's Great Basin in order to help assure
the reduction of hazardous fuels and for related purposes.
(2) Beginning in fiscal year 2006 and thereafter,
notwithstanding 31 U.S.C. secs. 6301-6308, the Director of
the Bureau of Land Management may enter into a cooperative
agreement with the Eastern Nevada Landscape Coalition for the
Great Basin Restoration Project, including hazardous fuels
and mechanical treatments and related work.
[[Page S7362]]
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
Sec. 428. (a) Section 108(g) of the Valles Caldera
Preservation Act (16 U.S.C. 698v-6(g)) is amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) Law enforcement.--
``(A) In general.--The Secretary'';
(2) in the second sentence, by striking ``The Trust'' and
inserting the following:
``(B) Federal agency.--The Trust''; and
(3) by striking ``At the request of the Trust'' and all
that follows through the end of the paragraph and inserting
the following:
``(2) Fire management.--
``(A) Non-reimbursable services.--
``(i) Development of plan.--Subject to the availability of
appropriations under section 111(a), the Secretary shall, in
consultation with the Trust, develop a plan to carry out fire
preparedness, suppression, and emergency rehabilitation
services on the Preserve.
``(ii) Consistency with management program.--The plan shall
be consistent with the management program developed pursuant
to subsection (d).
``(iii) Cooperative agreement.--To the extent generally
authorized at other units of the National Forest System, the
Secretary shall provide the services to be carried out
pursuant to the plan under a cooperative agreement entered
into between the Secretary and the Trust.
``(B) Reimbursable services.--To the extent generally
authorized at other units of the National Forest System and
subject to the availability of appropriations under section
111(a), the Secretary shall provide presuppression and
nonemergency rehabilitation and restoration services for the
Trust at any time on a reimbursable basis.''
(b) The amendments made by subsection (a) take effect on
January 1, 2005.
TITLE V--FACILITY REALIGNMENT AND ENHANCEMENT ACT OF 2005
SECTION 501. SHORT TITLE.
This title may be cited as the ``Forest Service Land
Disposition and Facility Realignment and Enhancement Act of
2005''.
SEC. 502. DEFINITIONS.
In this title:
(1) Administrative site.--
(A) In general.--The term ``administrative site'' means
Federal land (including improvements to the Federal land) and
any associated facility and curtilage that was acquired or is
used specifically for Forest Service purposes.
(B) Inclusions.--The term ``administrative site''
includes--
(i) a forest headquarters;
(ii) a ranger station;
(iii) a research station or laboratory;
(iv) a dwelling;
(v) a warehouse;
(vi) a scaling station;
(vii) a fire-retardant mixing station;
(viii) a lookout;
(ix) a visitor center;
(x) a guard station;
(xi) a storage facility;
(xii) a telecommunication facility;
(xiii) the Washington Office Headquarters;
(xiv) a regional office or associated site; and
(xv) other installations for conducting Forest Service
activities.
(2) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(3) Federal appraisal standards.--The term ``Federal
appraisal standards'' means the standards included in the
Uniform Appraisal Standards for Federal Land Acquisitions
(Interagency Land Acquisition Conference, 2000).
(4) Market analysis.--The term ``market analysis'' means
the identification and study of the real estate market for a
particular economic good or service.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 503. AUTHORIZATION OF CONVEYANCES.
(a) In General.--The Secretary may convey, by sale, lease,
exchange, a combination of sales and exchanges, or by other
means any administrative site or interest in an
administrative site that is under the jurisdiction of the
Secretary.
(b) Lead-Based Paint and Asbestos Abatement.--
(1) In general.--Notwithstanding any other provisions of
law, in any conveyance under subsection (a), the Secretary
shall not be required to mitigate or abate lead-based paint
or asbestos-containing building materials with respect to the
administrative site conveyed.
(2) Notice.--Notwithstanding paragraph (1), if the
administrative site being conveyed has lead-based paint or
asbestos-containing building materials, the Secretary shall--
(A) provide to the person acquiring the administrative site
notice of the presence of lead-based paint or asbestos-
containing material; and
(B) obtain from the person acquiring the administrative
site a written assurance that the person will comply with
applicable Federal, State, and local laws relating to the
management of the lead-based paint or asbestos-containing
materials.
(c) Federal Property and Administrative Services.--A
conveyance under this section shall not be subject to
subchapter I of chapter 5, title 40, United States Code.
(d) Notice to Congress.--At least once a year, the
Secretary shall submit to the Committee on Appropriations of
the House of Representatives and the Committee on
Appropriations of the Senate notice of any conveyances under
this section.
(e) Environmental Review.--In any environmental review or
analysis required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for the disposal of an
administrative site under this section, the Secretary shall
consider or analyze the uses of the administrative site after
the conveyance of the administrative site only to the extent
that the Secretary determines to be necessary--
(1) to determine any right, title, or interest in the
administrative site that may be reserved by the Secretary
under subsection (g)(3); or
(2) for market analyses purposes.
(f) Configuration of Land.--
(1) In general.--To facilitate a conveyance under this
section, the Secretary may configure the land to be conveyed
to--
(A) maximize the marketability of the land; and
(B) achieve management objectives.
(2) Improvements.--Improvements to the land to be conveyed
may be severed from the land and disposed of in separate
conveyances.
(3) Reservation.--In any disposition of land under this
section, the Secretary may reserve any right, title, and
interest in and to the land that the Secretary determines to
be necessary, including--
(A) a reservations of water rights;
(B) a right-of-way; and
(C) a utility easement.
(g) Consideration.--
(1) Amount.--In consideration for a conveyance authorized
under subsection (a), the purchaser shall pay to the
Secretary the amount that is equal to the fair market value
of the administrative site conveyed, as provided in paragraph
(3).
(2) Appraisal.--The Secretary shall determine fair market
value by--
(A) conducting an appraisal that is performed in accordance
with the Uniform Appraisal Standards for Federal Land
Acquisitions and the Uniform Standards of Professional
Appraisal practice;
(B) competitive sale; or
(C) other acceptable and commonly recognized methods of
determining value as determined by the authorized agency
appraiser.
(3) Form.--
(A) Sale.--Consideration for a sale under this section
shall be paid in cash on conveyance of the administrative
site.
(B) Exchange.--
(i) Equal in value.--Consideration for an exchange of land
or an improvement to land under this section shall be in the
form of a conveyance of land or improvement that is equal in
value to the land or improvement conveyed.
(ii) Not equal in value.--If the values of land or
improvements to be exchanged under this Act and described in
clause (i) are not equal, the values may be equalized by--
(I) the Secretary making a cash payment to the purchaser;
(II) the purchaser making a cash equalization payment to
the Secretary; or
(III) reducing the acreage of the Federal land or the non-
Federal land, as appropriate.
(h) Rejection of Offers.--The Secretary may reject any
offer made under this section if the Secretary determines
that the offer is not--
(1) adequate to provide market value under subsection
(g)(1); or
(2) in the public interest.
(i) Brokerage Services.--The Secretary may use the proceeds
of sales or exchanges under this section to pay reasonable
commissions or fees for brokerage services if the Secretary
determines that the services are in the public interest.
(j) Disposition of Proceeds.--
(1) In general.--After deducting any costs of the Secretary
relating to a conveyance, the Secretary shall deposit the
proceeds from the conveyance in the fund established under
Public Law 90-171 (commonly known as the ``Sisk Act'') (16
U.S.C. 484a).
(2) Use.--Amounts deposited under paragraph (1) shall
remain available to the Secretary until expended, without
further appropriation, to pay any necessary and incidental
costs of the Secretary for the acquisition, improvement,
deferred maintenance, construction of new facilities; and
disposition of administrative sites and capital improvements
on National Forest System land.
(k) Consultation With Administrator.--As appropriate, the
Secretary is encouraged to work with the Administrator with
respect to the conveyance of administrative sites.
SEC. 504. WORKING CAPITAL FUND.
(a) In General.--Section 13 of the Department of
Agriculture Organic Act of 1956 (16 U.S.C. 579b) is amended
to read as follows:
``SEC. 13. WORKING CAPITAL FUND.
``(a) Establishment.--There is established a working
capital fund (referred to in this section as the `Fund'),
which shall be available without fiscal year limitation.
``(b) Use.--Amounts in the Fund shall be used to pay the
costs of purchasing, constructing, performing capital repairs
on, renovating, rehabilitating, disposing, or replacing
buildings and to carry out deferred maintenance and
improvements to land for programs of the Forest Service,
subject to any limitations in appropriations for the Forest
Service.
``(c) Transfer and Capitalization.--The Secretary of
Agriculture (referred to in this section as the `Secretary')
may--
``(1) transfer to the Fund, without reimbursement, and
capitalize in the Fund at fair and reasonable values, any
receivables, inventories, equipment, buildings, improvements,
and other assets as the Secretary determines to be
appropriate; and
``(2) assume the liabilities associated with the assets
transferred under paragraph (1).
``(d) Advance Payments.--The fund shall be credited with
advance payments in connection with firm orders and
reimbursements from appropriations and funds of the Forest
Service, other departmental and Federal agencies, and from
other sources, as authorized by law, at rates approximately
equal to the cost of furnishing the facilities and
service.''.
(b) Savings Clause.--The amendment made by subsection (a)
shall not affect the status of
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funds and assets in the working capital fund established by
section 13 of the Department of Agriculture Organic Act of
1956 (16 U.S.C. 579b) as in effect on the date of enactment
of this section.
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006''.
The PRESIDENT pro tempore. Under the previous order, the committee
substitute is agreed to and considered original text for the purpose of
further amendments.
Mr. BURNS. Mr. President, my good friend from North Dakota is running
a little late. I will make my opening statement this morning, we will
get his remarks, and then we will start moving. We are sort of
conflicted this morning, as the Chair understands, but we will work our
way through in accepting for consideration the amendments that will be
offered to this appropriations bill.
Today we begin consideration of the Interior, Environment and Related
Agencies Appropriations Act, which was reported unanimously by the
Appropriations Committee on June 9. I appreciate the efforts of the two
leaders to get this bill to the floor before the recess, in the hope
that we can get a few appropriations bills to the President's desk
before the August recess.
The bill before the Senate combines funding for the traditional
Interior bill agencies with funding for the Environmental Protection
Agency and other related agencies that were previously funded in the
VA-HUD bill. Having these new agencies under our jurisdiction has been
a real learning experience for me, and a real challenge in some areas.
The EPA is an agency with a very broad reach. It administers, in
cooperation with states and tribes, a long list of environmental
statutes including the Clean Air Act, the Clean Water Act, Superfund,
the Safe Drinking Water Act, and FIFRA, the Federal Insecticide,
Fungicide and Rodenticide Act. As such, the agency has a tremendous
impact on all sectors of the economy, on our public health and, of
course, on the environment.
I have been approached by many different members and outside groups
about attaching legislative provisions that would address EPA rules and
regulations of one sort or another. On a number of these issues, I am
sympathetic. But with the exception of language relating to regulation
of small engines, which I think we resolved in the full committee
markup, this bill is very clean with regard to legislative provisions.
I hope we can keep it that way. Otherwise the number of potential
amendments would be limitless, and we jeopardize our chances of
enacting this important bill in a timely manner.
The bill reported by the committee recommends a grand total of $26.3
billion in new budget authority. It also matches the subcommittee's
discretionary allocation of $26.207 billion. As always, any amendments
that add funding for particular programs must be fully offset.
The subcommittee's allocation represents a cut of $534 million below
the fiscal year 2005 level for the agencies funded in this bill. That
is a 2 percent cut. In an appropriations bill that is fairly personnel-
intensive, a 2 percent cut is not insignificant. Simply keeping pace
with pay costs and health benefits for park and forest rangers, Indian
health care professionals, and other critical personnel requires a
significant increase in funding over last year. Those increases,
combined with the overall reduction in the size of the bill, mean that
the grant programs and construction accounts in this bill are squeezed
substantially.
One area where this bill does not include a reduction is in the Clean
Water State Revolving Fund. This program helps finance wastewater
treatments systems throughout the country and serves to protect both
the health of the American public and the environment.
The President's budget proposed cutting the Revolving Fund from $1.1
billion to $730 million. Given the tremendous need in this country for
effective wastewater treatment, I could not recommend that cut to the
Senate. This bill restores every penny of the proposed reduction.
So if any of my colleagues are wondering what happened to a
particular EPA earmark that they may have requested and trust me, I
have heard from many of them, the basic answer is that it is in the
Revolving Fund. EPA earmarks in this bill are greatly reduced from last
year's levels. The same goes for many of the programmatic increases
that were proposed in the EPA budget. This bill provides few of those
increases. These are simply the tradeoffs we had to make.
For the land management agencies funded in this bill, we have focused
on maintaining their core operating budgets while restoring a portion
of the proposed reductions to capital accounts.
We have increased funding for park operations by $65 million over
last year, and included $20 million over the budget request for basic
park operations. I continue to hear from my colleagues and from folks
back in Montana that they are concerned about park operating budgets. I
am pleased that we have been able to sustain the large increase for
park operations provided in last year's bill and have been able to
build on that. Preserving such unique American treasures as Yellowstone
and Glacier National Park will remain a priority as long as I am
chairman of this subcommittee.
In the Bureau of Land Management, increases have been provided for
law enforcement, weed control and minerals management. While these jobs
may not be as glamorous or well known as park rangers or smokejumpers,
they are no less important. BLM has an enormous responsibility in terms
of the sheer acreage it manages, and in meeting the multiple use
mandate with which it is charged.
In the Fish and Wildlife Service and the Forest Service, this bill
restores a portion of the proposed $166 million cut in the two
agencies' construction accounts. But we are still left with significant
reductions from last year's funding levels.
As outlined in the budget request, language has been included in the
bill to facilitate the consolidation and sale of Forest Service
administrative sites. In the short term, revenues from these sales will
help fill the hole in the construction and maintenance account. But by
no means does this address the long term capital needs of the Forest
Service. I am concerned about the reductions we are making in this
account if funds are not restored in future years.
This bill also supports programs that form the backbone of our trust
relationship with American Indians and Alaska Natives. In both the
Bureau of Indian Affairs and the Indian Health Service, we have
provided increases for the core operating accounts.
The bill adds $48 million to the budget request for the operation of
Indian Programs account, with increases for tribally controlled
schools, welfare programs and Johnson-O'Malley education grants. Both
Senator Dorgan and I have long believed that tribal community colleges
are one of the most effective tools we have to educate our young people
and further economic development in Indian country. That belief is
reflected in the funding provided in this bill.
This bill also provides the full $146 million increase proposed in
the budget request for Indian health services, which is a healthy 5
percent over last year. That amount includes an allowance for medical
inflation and population growth for the first time in my memory. There
is little question that the total need for health care services is
greater than the funds we can provide, but within the context of the
overall budget this moves us in the right direction.
For the BIA and IHS capital accounts, we have added $55 million to
the amount proposed in the budget request. This leaves us below last
year's levels, but will enable those agencies to make continued
progress on the projects included in their facilities priority lists.
I should also mention briefly the issue of Indian trust reform. This
is an issue on which this subcommittee and the Department of the
Interior have spent a great deal of time and money. I wholeheartedly
share the belief that we owe it to Native Americans to responsibly and
accurately manage the lands and funds that the Federal Government holds
in trust for various tribes and individual Indians. There is little
question this hasn't always been the case. But there certainly is a
case--several, in fact--about the degree to which the trust has been
mismanaged, and what amounts the government may owe as a result. The
Indian Affairs Committee has been working hard on
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this issue, and I hope that they can find a reasonable way out of this
intractable mess.
It is pretty clear to me, however, that it makes no sense to spend
many billions of dollars on a historical accounting like the court is
trying to mandate. It defies logic to think that's what Congress
intended in passing that American Indian Trust Fund Management Reform
Act. Instead, this bill provides roughly level funding for the
Department to continue a reasonable level of accounting work, and uses
the proposed accounting increase to instead shore up various BIA and
IHS programs that actually benefit Indian people. That is where our
priorities should be.
About wildland fire management, some areas are experiencing a fire
season, but we are getting a little moisture in Montana. We hope to
avoid that this year. Another subject that has long troubled this
subcommittee is funding for wildland firefighting. Obviously we have no
way of knowing how much money will be required for firefighting in any
given year, so we budget based on the 10-year average of suppression
costs. In particularly bad fire years, that amount leaves us well short
of the total need, and forces the Forest Service and the Department of
the Interior to raid other accounts until supplemental funding can be
appropriated.
On a small scale, that system works. But in very bad fire years the
massive borrowing has been highly disruptive to other important
programs. Two years ago I worked with the Budget Committee and others
to provide a pot of supplemental funding that could only be used for
extraordinary firefighting needs. That mechanism has been highly
successful thus far, and I hope that we can continue to work with the
Budget Committee as we go forward to ensure that we are managing the
fire program in the most cost-effective and efficient way possible.
The bill before the Senate provides a total of $2.513 billion for
wildland fire management activities, including $767 million for the
Bureau of Land Management and $1.746 billion for the Forest Service.
The total includes $492 million for hazardous fuels reduction, which is
an increase of $28 million over the FY 2005 level. We have also
provided funds to restore proposed cuts in Rural Fire Assistance and
State Fire Assistance. State and local governments are a vital part of
the effort whenever fire breaks out.
In the Land and Water Conservation Fund, the bill provides $404
million for Land and Water Conservation Fund programs, including
Federal land acquisition, Forest Legacy, and the Stateside program.
This is somewhat below last year's levels for the same group of
programs, but is above the budget request and well above the House
level of $214 million. The fund total includes $30 million for the
Stateside program, which provides grants to states and local
governments for recreation development and land acquisition. The budget
and the House have proposed to terminate this program. A large number
of my colleagues have expressed their concern about that proposal, so
I'm pleased we've been able to keep the program going.
Let me close by expressing my appreciation once again to the ranking
member of the subcommittee, Senator Dorgan. He and his staff have been
a pleasure to work with, and have helped shape this bill so that it
reflects the priorities of members on both sides of the aisle.
I wish we could have done more in some instances, but in the context
of a difficult budget I have no reservations about recommending this
bill to my colleagues. For those of you who may have amendments, I urge
you to get them to me and to Senator Dorgan--or our staffs--as quickly
as possible so that we can complete work on this bill, and move on to
other appropriations bills before the July 4 recess.
Again, I thank my good friend from North Dakota. We share a common
border, but we also give thanks that there is the little Missouri
River. So I welcome him this morning and look forward to his remarks.
Mr. President, I would add, I may go over to that listening session
on Commerce. I would assume that Senator Dorgan is going to be around
and you can consult with my staff and kind of manage things. Don't get
too frisky and we will get this bill out of here by Tuesday noon.
I thank my ranking member.
Mr. DORGAN. Mr. President, if my colleague from Montana is going to
be leaving the floor for a period, as I understand, to go to a
listening session in the Commerce Committee--if he is going to be gone
for some while, I may get a lot of legislating done on the floor of the
Senate. But we will see. Actually, I will consult closely with Senator
Burns's staff. We have worked well together and we put together a piece
of legislation that was hard to do.
I want to just tell those who think there are no spending cuts, this
bill that is brought to the floor of the Senate spends $544 million
less than is spent in the current fiscal year. That means we are a half
billion dollars less in spending for the next fiscal year than is now
being spent. Putting together an appropriations bill that cuts a half
billion dollars is not a small task. It is hard. There are some areas
in this legislation that I think we have not done what we should have
done. We did the best we could, having to cut a half billion dollars.
My colleague from Montana and his staff have been good to work with.
It is the case that in the Appropriations Committee, on the
subcommittees, there truly is bipartisanship. We work together to try
to resolve issues in a way that provides a product that all of us can
support. That is the case here today.
I will in the course of time offer an amendment that will restore
some funds to Indian health. We have desperate conditions on Indian
reservations with respect to Indian health, and I am going to talk a
little about that today. For example, we restored some funds to the
tribal colleges. The President was intending to cut that substantially
in his budget, which really makes no sense to me. We have not only
restored those cuts but actually increased it a couple of million
dollars.
So there are many things we have done that my colleague from Montana
has described in his opening statement. I think it would not be useful
for me to once again review his comments with respect to funding for
the Forest Service and the EPA and all of the various accounts in this
bill. There are many of them. It is a fairly substantial bill. I think
my colleague aptly described what we tried to do, things that we have
succeeded in doing.
He described we have fully funded the EPA clean water State revolving
fund $1.1 billion. The President proposed a dramatic cut there. We
restored that. That is a $370 million increase over the President's
substantial cut.
There are a number of things. I will not go through all the details
only to repeat what my colleague has said. I want to focus for a moment
on something that I think needs more focus in the Senate, and that is
Indian health.
The reason I do that is I come from a State, as do a number of my
colleagues, where we have Indian reservations. We have four Indian
reservations. We have a genuine bona fide crisis in health care,
housing, and education on our reservations. It is easy for people to
put it out of sight and out of mind and not think too much about it.
I have been working with my colleague, Senator Burns, for the last 3
years to increase funding for tribal colleges. I want to read a letter
that I read previously to my colleagues because it is such a wonderful
description of the value of tribal colleges. This letter is from a
young woman who wrote to me. This is a woman I happen to know, who has
quite a remarkable career at this point. But here is the letter she
wrote to me:
I grew up poor and considered backward by non-Indians. My
home was a two-room log house in a place called the ``bush''
on North Dakota's Turtle Mountain Indian Reservation. I
stuttered. I was painfully shy. My clothes were hand-me-
downs. I was like thousands of other Indian kids growing up
on reservations across America.
When I went to elementary school I felt so alone and
different. I couldn't speak up for myself. My teachers had no
appreciation for Indian culture. I'll never forget that it
was the lighter-skinned children who were treated better.
They wore usually from families that were better off than
mine. My teachers called me savage. Even as a young child I
wondered . . . What does it take to be noticed and looked
upon the way these other children are?
By the time I reached 7th grade I realized that if my life
was going to change for the
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better, I was going to have to do it. Nobody else could do it
for me. That's when the dream began. I thought of ways to
change things for the better--not only for myself but for my
people. I dreamed of growing up to be a teacher in a school
where every child was treated as sacred and viewed
positively, even if they were poor and dirty. I didn't want
any child to be made to feel like I did. But I didn't know
how hard it would be to reach the realization of my dream. I
almost didn't make it.
By the time I was 17 I had dropped out of school, moved to
California, and had a child. I thought my life was over. But
when I moved back to the reservation I made a discovery that
literally put my life back together. My sisters were
attending Turtle Mountain College, which had just been
started on my reservation. I thought that was something I
would do too, so I enrolled. In those days, we didn't even
have a campus. There was no building. Some classes met at a
local alcohol rehabilitation center in an old hospital
building that had been condemned. But to me, it didn't
matter. I was just amazed I could go to college. It was life-
changing.
My college friends and professors were like family. For the
first time in my life I learned about the language, history
and culture of my people in a formal education setting. I
felt honor and pride begin to well up inside me. This was so
unlike my prior school experience where I was told my
language and culture were shameful and that Indians weren't
equal to others. Attending a tribal college caused me to
reach into my inner self to become what I was meant to be--to
fight for my rights and not remain a victim of circumstance
or of anybody. In fact, I loved college so much that I
couldn't stop! I had a dream to fulfill . . .
This young woman is now a doctor, a Ph.D. She continued in her letter
telling me what she was doing. She said:
I have worked in education ever since, from Head Start to
teacher's aide to college professor. Now I'm realizing my
dream of helping Indian children succeed. I am a . . .
Program Superintendent working with nine schools, three
reservations, and I oversee two educational contracts with
two tribal colleges.
Think of this. This young girl grew up feeling hopeless and helpless,
stuttering, being called a ``savage'' in a school. She, now, is a
Ph.D., helping other children succeed, helping create and nurture an
education system that gives others a feeling of hope.
The reason I wanted to read that story is this is all about a tribal
college. It is all about giving a young woman an opportunity through a
tribal college. I can't tell you how many tribal colleges I have
visited, but I know that they enrich the lives of those who attend them
because it is an opportunity to step up and out of poverty and
hopelessness.
I recall one day I was asked to speak at a commencement at a tribal
college. I asked the graduates there: Who is the oldest graduate? They
pointed to a woman. They said: She is the oldest graduate.
I went over. She was in her mid-forties and she was, on this day,
graduating from college. I asked her about herself and I found out a
bit about her. She was a single mother. I believe her husband had left
her. I believe she had four children and she was the janitor at the
college, cleaning the hallways and the toilets. She decided that she
really wanted to do more than clean the hallways and the toilets in
that college, she wanted to attend that college, and she did.
She found a way as a single mother to attend that college. The day I
showed up she wasn't cleaning anything, she was wearing a cap and a
gown and a smile. And that smile was a recognition of what she had
invested in herself. But she couldn't have done that had there not been
a tribal college, not been Pell grants, not been an opportunity for
this country to say to her, through the funding of tribal colleges,
through Pell grants, and through other approaches, that: We want to
help you. We want to offer a helping hand.
So there is so much to be done. I am speaking now about education and
tribal colleges. That is just one piece of it. I am proud to say that
Senator Burns and I have very substantially changed the recommendations
of the President. He proposes cutting funding for tribal colleges. We
propose increasing funding. Why? Because it is the right thing to do.
It is investing in people's lives in the right way.
The other thing I want to talk about for a moment is Indian health
care. I mentioned there is a bona fide crisis in health care, housing,
and education for American Indians. I have spoken previously on the
floor about this.
I have talked about a woman who died, froze to death in her bed, a
grandmother. She froze to death in her bed on a reservation in South
Dakota when it was 35 below zero, in a home with plastic over the hole
where windows should have been. There were six people living in a very
small space without sufficient beds and a grandmother goes to bed and
freezes to death. Most would think from reading that, it is from a
Third World country. It wasn't. It was from our country. We have
serious problems on Indian reservations in health care, housing, and
education.
I mentioned education with respect to tribal colleges. Let me mention
health care for a moment because I will offer an amendment dealing with
health care.
There simply is not enough money to provide the kind of health care
Americans would expect to provide to every child in this country. I
have been to reservations to see a dentist working out of a small
trailer home, serving 5,000 people. That dentistry is not so much about
doing bridgework or fixing a tooth. It is about someone coming in with
an ache and deciding the tooth has to be pulled because you cannot do
fancy work in a trailer house when you serve 5,000 people. That is just
life on the reservation with respect to the underfunding of Indian
health care.
I have held two hearings recently on the subject of teen suicide on
Indian reservations. I know it is sensitive. These are hearings you
would prefer not to be having, to talk about a subject you would prefer
not to talk about. But the fact is, we have young people--particularly
in the Northern Great Plains--across this country, young teenagers on
Indian reservations who are taking their own lives at the rate of two
and a half to three times the national average and in the Northern
Great Plains 10 times the national average. This is not about
statistics. It is about a young person who decides to commit suicide.
I have spoken in the Senate previously, with the concurrence of the
relatives of this young woman, about Avis Littlewind, the 14-year-old.
About 9 months or a year ago, Avis Littlewind committed suicide. She
had missed 90 days of school. She was lying in her bed, missing school,
in a fetal position, with serious problems. Her sister committed
suicide 2 years before. Her dad had taken his life 6 years before. Then
Avis Littlewind got out of bed one day and went to the closet and they
found her there. She had committed suicide. Most are doing it by
hanging.
We have had a cluster of suicides on the Standing Rock Reservation in
the last 5 months. I have spoken to the relatives of these young kids
who have decided to take their lives. One of the things we discover
when we talk to the psychologists. I went to the reservation where Avis
Littlewind committed suicide. I talked to the school administrators,
those involved in mental health, tribal officials, relatives, to try to
understand how this happens, how does it happen that no one sends up a
big warning flag to say, here is a kid in trouble, let's intervene
somehow. What I learned there I have known previously, because I had a
hearing one day on these issues some years ago and the young woman who
was in charge of these children's issues testified. She had only worked
there about 2 months at this reservation. She said, I have a stack of
papers on my office floor of allegations of child abuse that have not
even been investigated. A stack of papers, alleging child abuse in each
of the folders, with no investigation. Then she said, I cannot even get
a kid to a clinic someplace because I don't have a vehicle so I have to
beg for somebody to give a ride to a kid to take them to a clinic,
perhaps to see a mental health professional. As she began to describe
the need to beg for a ride for a kid who is in trouble, she began to
sob and she broke down and cried. She could not continue at this
hearing. She quit a month later because she said it was hopeless.
My point is we know this is happening right now. Yes, in teen
suicide; that is, mental health issues. It is the whole range of health
care issues, including substance abuse, devastating substance abuse
issues with very few in residential treatment beds to deal with it.
I will offer an amendment that says it is time for this country to
address
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these issues. We have trust responsibility for the health care for
Indians. We have a responsibility for health care for people in Federal
prisons. We spend twice as much per person on health care for Federal
prisoners as we do to provide health care to American Indians--twice.
Ask yourself, for a kid who felt hopeless and helpless, who decided to
take her own life, shouldn't we face that and decide we have a
commitment as a country to meet our trust obligations to provide
adequate health care? I will offer an amendment regarding that. I
probably will do it on Monday. My past experience is the Senate will
turn it down because tax cuts for wealthy individuals are much more
important than adequate health care funding for Indian children, for
example.
You say, that is unfair. No, it is not unfair to say that. There is
plenty of money around here to say those who get money from
investments, ratchet their tax rates down, down, down, so we can remove
the burden from people who make millions every year, and say, by the
way, we don't have enough money left to address the issues of these
kids.
I started this discussion by reading a letter from Loretta De Long,
who is now a Ph.D., but who started in school being called a savage,
who stuttered, who got into trouble, had a child at 17, moved to
California and thought her life was hopeless, as well. Now she is a
Ph.D. She is involved in Indian education. But her letter that I read
describes hope. It describes hope and opportunity and what gave her
hope and opportunity. Yes, that was tribal colleges and the family
encouragement to be able to go to a tribal college.
My point is simple: We have a big bill here. We have done a lot of
good work. In some cases we have come short of what I would like to do.
In one area, especially, I am talking about the area in which we have a
responsibility to deal with Indian health care, we are desperately
short, have always been short. The administration never asks for
enough--not just this administration, previous administrations, as
well--and the Congress is never willing to give enough to provide
adequate health care to Indians.
I hope, perhaps, we can have a broader debate as soon as we are into
this bill and perhaps Monday morning I will be able to offer that
amendment.
There is much to say about this legislation. My colleague described
the EPA, the Forest Service, the Fish and Wildlife Service, so many
areas that are important. We have attempted to do the very best we can
to provide adequate funding.
We are going to be asking for amendments to be offered today and on
Monday with the understanding that all amendments will be offered by
the end of the day Monday, after which we will dispose of those
amendments and then hopefully complete this bill. When we do that, we
can go to conference. This is part of that process, this march we
should be making to complete our appropriations bills on time, have a
conference with the House, reach an agreement, and get this funding for
the next fiscal year done this way rather than present some big omnibus
bill that in most cases is exactly the wrong way to legislate, where a
few people go into a room and close the door and come out and announce
to us, we have 800 pages and, by the way, we will vote in 15 minutes,
and you do not have time to read it nor should you care what is in it.
That is the wrong way to legislate. Senator Cochran says he wants to
do it the right way, one step at a time. This is one step. It is an
important step because the agencies are important. I hope we can do it
with the cooperation of all of our colleagues.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Burr). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DORGAN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Travel To Cuba
Mr. DORGAN. Mr. President, I have here a photograph of a soldier. He
joined the Army National Guard as a combat medic and went to Iraq. His
name is Carlos Lazo.
Carlos came to my office the other day. That is a picture of him in
my office. Carlos is a wonderful soldier. In fact, let me put up
another chart that shows you that Carlos won the Bronze Star in Iraq.
In the description of the Bronze Star won by this remarkable soldier,
it says:
SPC Lazo's courage, initiative, along with his calm, cool
composure was instrumental in saving numerous lives on the
battlefield and at the BAS all thru this operation.
They were talking about some very heavy fighting and mortar rounds
and bombs exploding very close to where Sergeant Lazo was busy saving
lives. They described the work Mr. Lazo did, this courageous soldier.
It was quite extraordinary.
Mr. President, I ask unanimous consent to have the Bronze Star
citation printed in the Record.
I show you the Bronze Star citation, which was from last November,
just in order to tell you that this is an extraordinary person.
So Carlos Lazo came to see me on Wednesday of this week. Do you know
why he came to my office? Because he wants to see his kids, and our
Government will not let him see his kids. No, this is not about a child
custody fight. His kids are in Cuba. And one of them has been in the
hospital with a high fever.
We have decided in this country to punish Fidel Castro by slapping
around the American people and injuring their rights to travel. This
President has said that people like Carlos Lazo cannot go to Cuba to
see his kids. He cannot visit his kids. It is unbelievable to me.
I have been on this floor before talking about the restriction of
travel to Cuba. We have people in the Treasury Department who are
investigating Americans because they are under suspicion of taking a
vacation to Cuba. It is unbelievable.
I have brought a picture to the floor of the Senate of Joni Scott. Do
you know what Joni Scott did? She went to Cuba to pass out free Bibles.
Well, guess what her Government did. Guess what the U.S. Government
did. They tracked her down and slapped her with a big fine because she
was passing out free Bibles in Cuba. A wonderful young woman, filled
with spirit and faith, wanting to provide free Bibles on the streets of
Cuba, and this Government tracks her down to fine her.
I have shown a picture of Joan Slote, a 75-year-old grandmother who
is a cyclist who joined a Canadian cycling group to ride bicycles in
Cuba. And guess what they did. While her son was dying of brain cancer,
they tracked Joan Slote down, and they threatened to attach her Social
Security payments because they were trying to slap a big fine on her
because she rode a bicycle in Cuba. She did not know you had to have a
license to go to Cuba. She just joined a Canadian group. But, boy, did
they track her down. They tracked down Joni Scott and tried to slap a
fine on her for distributing free Bibles.
They tracked down a guy in Seattle whose dad died. His dad's last
wish was that his ashes should be distributed on the grounds of the
church he served as a pastor in Cuba. So he takes his dad's ashes in a
can to Cuba, and they track him down and slap a fine on him. It is
unbelievable.
Now, this young solder, Carlos Lazo, who earned a Bronze Star in
November for bravery on the battlefield. He came from Cuba, by the way.
He escaped Cuba. He fled in 1992. He was part of a group that fled
Cuba. Regrettably, the rest of his family was not able to get out. So
he has two sons left behind. He has been in contact with his children.
He has been able to go back from time to time and visit them a number
of times under the rules that allowed that kind of family visit.
Then, last year, the President decided we are going to tighten all
that up. We are shutting all that down. So now Mr. Lazo, someone who
has performed heroic service for this country in America's uniform, is
now told: Yes, your son has been in a hospital. Yes, he has a high
fever. But he is in Cuba, so you cannot travel to see him.
This Government will not allow this soldier to see his children. Why?
Is it about him? No, it is not about him.
Fidel Castro has poked his finger in this country's eye for a long
time, so our country, this Government, this President, wants to injure
the rights of the American people to travel in a way to punish Fidel
Castro.
[[Page S7367]]
It does not punish Fidel Castro. He has been in office through 10
Presidencies. All that does is punish the American people: Joni Scott;
Joan Slote; and, yes, now Carlos Lazo. Carlos has asked me, ``Is there
any way you could help me?'' because he has heard me on the floor of
the Senate talking time and time again about the absurdity of this
policy.
Let me just say, I don't have any desire to see Fidel Castro remain
in power. The quicker he is gone, the better. But that will happen, in
my judgment, through engagement through trade and travel, just as we
preach that it will in China and Vietnam--both Communist countries. We
have, instead, given Castro his best excuse. He says to the Cuban
people, with a sense of nationalism: Of course our economy is in deep
trouble because that 500-pound gorilla up north has its fist around our
neck.
It seems to me, after 40 years, when a policy does not work, you
change the policy. Yet in this case, after 40 years, when a policy does
not work, we have decided to further injure the rights of the American
people. I hear all this talk about freedom and liberty. Where is the
freedom for this young soldier, who has earned a Bronze Star just
months ago? Where is the freedom of this young soldier to see his son,
to get on a plane and travel to Cuba?
I am asking the State Department and the President to make the right
decision here. What on Earth can they be thinking of, deciding Sergeant
Lazo should not see his sick child? When America called, he went to the
battlefield. He risked his life. He did his work among bombs and
grenades and mortars that were falling all around him--sufficient so he
received the Bronze Star--and now he is told he cannot see his kids?
He asks me, What on Earth is happening? Where is the freedom here?
Now, I know speaking on the floor about this upsets the people in the
State Department, who have to follow the dictions of the White House.
It upsets the people in Treasury, OFAC, the Office of Foreign Assets
Control. Incidentally, my colleagues should know there are far more
people in the Office of Foreign Assets Control--which is an
organization designed to track the money to shut down the funding for
Osama bin Laden and terrorists--there are far more people in OFAC right
now working on tracking down Americans suspected of taking a vacation
in Cuba than there are tracking the money for Osama bin Laden. That is
shameful, but it is the truth. It has been put in the Congressional
Record.
My colleague, Senator Baucus, got that information, and so did I. I
have asked the Treasury Secretary--I asked the former Treasury
Secretary, Secretary O'Neill. I said at a hearing: Look, wouldn't you
sooner use that money to track terrorists as opposed to trying to track
people who are vacationing in Cuba? He did not want to answer. I asked
him several times. Finally, he said: Mr. Senator, of course I would
sooner do that. The White House had a press release out instantly
vilifying the Treasury Secretary for doing that.
This is an obsession with this administration. This has nothing to do
with good policy. I am not talking this morning about selling wheat to
Cuba. An odd couple--myself and then-Senator John Ashcroft--which is
really an odd couple because we are philosophically very different--we
are the ones who offered the amendment on the floor of the Senate that
finally--finally--after 40 years, opened, just a crack, the ability to
sell food into Cuba.
We should never have used food as a weapon. Food and medicine was
used as a weapon, which I think is fundamentally immoral. Telling our
farmers, ``You can't sell food to Cuba'' meant nothing to Fidel Castro.
He never missed a meal. Do you think he missed breakfast, dinner, or
lunch in 40 years?
Of course he didn't. It just hurt American farmers and hurt sick,
poor, and hungry Cubans.
So for the first time in 42 years, one day not long ago 22 train
carloads full of dried peas left an elevator in North Dakota and ended
up in Cuba, paid for by cash. The administration opposed that as well.
Now they have taken further action. Nearly $1 billion has been sold
in agricultural commodities by our farmers to the Cubans, and now this
administration has decided to tighten that down to try to shut it down.
I have more to say about that, and I will speak more about it at
another time. It is about farming and it is about agriculture and using
food as a weapon, which is fundamentally immoral. This country is above
that.
But today, this is about this man. It is not about a big policy. It
is about this man. Can this man see his kids? Can Carlos Lazo--who
fought for this country in Iraq, who risked his life in Iraq, who
earned a Bronze Star and was celebrated and honored by his country--
will he be allowed by his country to go see his kids?
It is unbelievable. Every time I hear another chapter of this book of
absurdity coming from this administration with respect to their
obsession about Cuba, I wonder, Where does it stop? The reason I have
taken the floor this morning is because this young soldier came to see
me the other day and said: Can you help? If logic does not help maybe--
maybe--embarrassment will.
Perhaps the administration will be sufficiently embarrassed. They
were not embarrassed enough to stop trying to find a young woman who
was distributing free Bibles in Cuba. Perhaps they will be embarrassed
by trying to prevent this young man from seeing his children--a young
man this administration certainly would honor as someone who has done
heroic things for his country.
I am going to call the State Department today. I am going to call the
White House today. I am going to call the Treasury Department today.
They will all have the letter I sent. My hope is, they will finally
find a way to say yes, it is the right decision, it is the right thing
for this country to do.
I am here talking about Carlos Lazo, but ultimately this issue is not
just about Carlos. I hope I can solve this for Carlos. But it is about
the broader issue of the administration deciding we are going to injure
Fidel Castro by restricting the right of the American people to travel.
It makes no sense at all. My hope is there may be a few other Members
of the Senate who would be willing to speak out about this absurdity. I
hope there are a few who are as offended as I am and will decide to
again do the right thing.
I will report to my colleagues later today about the response of the
State Department, the White House, and the Treasury Department to see
whether they will honor this young soldier, not just by his Bronze
medal for heroism on the battlefield but by allowing him to exercise
the freedom any American ought to have to see his child.
I yield the floor.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. COBURN. Mr. President, the Senate is embarking on the
appropriations process for the year 2006. I think it is important that
we start this process by looking at where we are. What concerns me
greatly is the fact that we are less than honest with the American
people about where we really are today. In fact, if you talk to the
General Accounting Office, if you talk to economists worldwide, if you
talk to economists here, we are on an unsustainable course in terms of
our fiscal discipline.
This chart shows the real numbers for the next few years in terms of
what the deficit is. Washington is notorious about fudging the numbers
in terms of our obligations. The deficits that are listed coming
forward through the next 5 years include the off-budget deficit but
also the money we are stealing from Social Security, as well as the
money we are stealing from other trust funds, which brings us to a true
deficit this year that is going to be about $541 billion. If we divide
that $541 billion in deficit by 300 million Americans, and we have less
than that, it comes very close to $2,000 per man, woman, and child that
we are spending for money we don't have.
The appropriation process, as well as the budget process, becomes
important. In 2004, there were 131,000 taxpayers. Our population by
next year is supposed to be somewhere around 300 million. The publicly
held debt, not privately held, was almost $5 trillion. Based on
individuals, the publicly held debt per man, woman, and child, is
around $16,000. As we can see the course, by the year 2035, if we don't
[[Page S7368]]
massively change the way this country operates, the individual publicly
held debt will be in excess of $220,000 per man, woman, and child. If
you divide that by taxpayers, the people who are paying taxes, it comes
up to $470,000 per taxpayer.
This year, as a percent of all the Government is going to spend, 7.5
percent is for interest alone on the national debt. If we look at that
portion of the debt that we have some control over, outside of Medicare
and Social Security, that percentage of spending is 18.5 percent. In
other words, $1 out of every $5 that the Government spends today is to
be spent on interest, paying for things that we have spent before that
we didn't have the money to pay for. So we are digging a hole deeper
than we can imagine.
The first principle has to be honesty about where we are. Honestly,
this year we are at $2,000 per man, woman, and child in spending money
that we don't have, which means we are going to borrow it, which means
we are going to pay interest on that. Then, next year, we are going to
have $500 billion and then, sooner, the trend line is down, but it is
not down fast enough for us to get out of the hole.
The reason I bring this up is the appropriations process is where we
have a chance to do a small amount of good to bring this down faster.
This first bill on Interior is a good bill in terms of what it spends
compared to last year. But it is important that we bring up some
provisions that are in the bill that if, in fact, we are in debt, if
you personally find yourself in this kind of debt, 25 percent of the
money you are going to spend you don't have and you are going to borrow
it, would you be spending money on buying more land, building new
reception centers, adding things that are not necessary for us to
function?
I praise the authors of the bill in terms of keeping within the
budget caps. They have done a good job of that. But I have some
questions. For example, we are going to spend $162 million that we
don't have to buy land--that is for the cost of the land--another $25
or $30 million to get that done, then another $25 or $30 million on
that land every year hence forward to take care of it, let alone the
fact that we are taking that land off the public tax rolls. We are
diminishing the taxes that will go to the States from that land, and we
are absorbing them. If we personalized this, would we be doing these
types of things in a budget and financial situation in which we find
ourselves borrowing 25 percent of our budget?
More importantly, what is the consequence if we continue to do so?
The consequence is that our children and grandchildren end up with a
standard of living far below ours. The heritage of our great country
has been sacrifice by the generations before to create opportunities
and prosperity for the generations that are coming. We are about to
become the first generation of Americans to not leave that promise for
the next generation.
David Walker, Comptroller General of the United States, has written a
book everybody ought to read. It is called ``Saving our Nation's
Future.'' He outlines the unsustainable course this Nation is on in
terms of our spending. Quite frankly, we don't seem to have the
discipline, No. 1, to recognize the gravity of the situation in which
we find ourselves, the fact that we are going to lay on our children a
debt from which they cannot get out.
This is what we can control. This doesn't talk about the unfunded
liabilities associated with Social Security, which are rising $700
billion a year, and yet we are not doing anything to fix; the unfunded
liability of over $35 trillion with Medicare which we are doing nothing
to fix, the $8 to $10 trillion cost of Medicare D, a brand new benefit
that we don't have any resources to pay for except by stealing it from
the future of our children. We fail to grasp the gravity of the
situation and the long-term consequences of our inaction today.
I will be offering several amendments over the next 2 days that the
Senate is in session, not from a critical point of view but from a
commonsense point of view. We have $92 million sitting in accounts now
to buy land. We are going to make a decision to add another $160
million, while we borrow $541 billion and charge to it our children? We
are worse than any credit card addict ever was. There are no
consequences for us. We pay no consequences. But the children and the
grandchildren are going to pay a severe price for our lack of fiscal
discipline, our lack of long-term vision about what our actions are
today.
If we had to, there is no question, across every appropriations bill
we have, we could find 10 or 12 or 15 percent that is not absolutely
necessary to be spent. The contrast isn't about whether or not we spend
the money. It is about where the money comes from and who is paying for
it.
Of all the issues the Senate will discuss--we will talk about all
sorts of social issues, and we will talk about the ethics of it and the
morals of it--none of them compares to the immorality of putting our
children and grandchildren in debtor's prison. That is what we are
doing. We need to be talking individually about things that don't have
to get done today, that can be deferred for the future, and saving that
money today so that we don't compound the debt for our children.
Mr. DORGAN. I wonder if the Senator will yield for a question.
Mr. COBURN. I am happy to yield.
Mr. DORGAN. First of all, the chart the Senator uses about deficits
and accumulated debt, he describes something that is very real, that is
a threat to this country's long-term economic future. There is no
question about that. I have spoken about it with respect to both the
fiscal policy of this country and our trade policy. Our trade policy
has created the largest debt in the history of the country by far. I
wanted to mention that the House of Representatives approved
legislation for another $45 billion in an emergency supplemental. That
comes on the heels of the $81 billion we approved. The Senate is going
to approve the requested emergency supplemental because we are going to
restore the funds that the Pentagon says they need to prosecute the war
in Iraq.
But it is interesting, for the $81 billion that we just passed, $45
billion which now comes on the heels of that, not a penny of it is paid
for. The administration keeps saying--and these are big numbers--we
have to pay for that which we are doing, and we need to restore these
accounts to the U.S. Army. All of us say, yes, we not going to send
soldiers to do a job and not provide the funds necessary. But I ask the
Senator: Does he agree with me that it is bizarre, to say the least, to
send the soldiers to Iraq and then say: By the way, when we pay for all
this, let's not ask anybody to pay taxes to do it. Let's just have
these soldiers pay the debt when they come back.
It is unbelievable. There are spending cuts the Senator likely will
propose that are meritorious. I think he has pointed out at the start
of his presentation correctly, this appropriations bill cuts one-half
of a billion dollars below the previous year's expenditure. But the big
issue around here is the massive amount of money being requested on an
emergency basis so that it doesn't have to be paid for and it adds to
the Federal debt. And then the soldiers can come home and help pay
that. I believe that is unfair. I ask the Senator from Oklahoma to
respond, from his perspective, about that.
Mr. COBURN. First of all, the $81-billion supplemental that this body
passed, I had an amendment to cut $19 billion out of that because it is
not going to be spent for the next 3 years. So there is no way you can
call that an emergency. One amendment on limiting the expenditures on
the embassy, we got 44 votes. Fifty-five people thought it was OK. The
fact is, we are at war. We seem to forget that. In every war this
country has ever had, the Congress trimmed discretionary spending
massively to fund the war. We have decided we will not do that. We have
decided we can continue. There is no question good work was done to cut
a half-billion dollars out of this bill. The question the American
people ought to be asking is, is everything that is in this bill
necessary now in light of the fact that any money we spend we are going
to charge to our grandchildren?
We are going to charge the unpaid interest over the next 30 years
because we have no history of paying back our debts. So by the time you
compound the interest costs of this $540 billion, now with some $40
billion on top of it $588 billion is the number it will become--what is
the real cost?
[[Page S7369]]
The real cost is no college education for the generation 2 years from
now, no homeownership 2 years from now, decreased investment in capital
goods for productivity and scientific advancement, decreased investment
in education and competition in the world. That is the cost. That is
what will be the cost of our inaction to protect the future for our
children by not trimming every absolute penny we need to spend from
this bill.
The question should be: Can we cut more? Is it wrong for us not to
cut more, in light of the fact that we are having to borrow? Whether we
borrow it for this or for the war or we borrow it for interest, the
fact is, we are borrowing it.
And 18 cents out of every dollar we are going to spend this year in
discretionary is going to pay interest on our lack of fiscal discipline
from the past. We ought to be about raising the level--we ought to be
honest with the American people. They have no idea. They hear $350
billion, but it is not $350 billion; it is almost double that. Let's be
honest about the real cost. Let's be honest about what the real
problems are that will come, and they are going to come to our children
and our grandchildren.
This body has a history, since it was first formed, of thinking in
the long term, thinking about the next generation. Unfortunately,
Congress as a whole has changed its direction of thinking too often to
think about the next election, rather than the next generation. In
every appropriations bill that comes before this body, I am going to be
down here talking about the lack of our foresight in thinking about our
children and our grandchildren.
Mr. DORGAN. Will the Senator yield?
Mr. COBURN. Yes.
Mr. DORGAN. First, I appreciate his generosity in yielding. It would
be interesting for us to have a discussion at some point about the
economy and fiscal policy. I think we are wildly off track. Maybe the
Senator from Oklahoma and I agree on that point. I will make a couple
of observations, if I might. No. 1, the Senator suggested that we have
never paid down the debt. In the late 1990s, we had a fiscal policy
that generated revenue by which we began to reduce the debt.
Mr. COBURN. Mr. President, we did pay off some Treasury bills. But
the way you know when we pay down our debt is to look at our total debt
and whether it declined at the time we did that. It did not. The total
debt of the country rose every year we were paying that off. We still
had a deficit. We were stealing from trust funds such as the inland
waterway trust funds--that is publicly held debt. We transferred that.
So the true debt of the country has not declined since 1972. Even
though we were in a period of great times, we spent it all; we didn't
pay it down. We actually spent it, and the actual debt of the country
rose during the time when everybody in Washington said we were in
surplus.
Mr. DORGAN. If the Senator will yield further.
Mr. COBURN. Yes.
Mr. DORGAN. Of course, the issue of whether our fiscal policy is
different now than then is not at odds or not in question. At that
point, I know the Federal Reserve Board and others, including the
President, all talked about debt held by the public versus total debt.
In fact, our fiscal policy at that point was dramatically different
than it is now. We were headed in the right direction.
Let me make this point. It is, in my judgment, a service to the
Congress for someone to look at every appropriations bill and say,
where can we trim? Where can we get into a position of not spending
money we should not be spending? That is a service to the Congress. I
think it is important to understand that we cannot look at the mouse in
the corner when a lion is at the door. We cut a half billion dollars
out of this subcommittee from last year's spending. So those are real
cuts. We could do that for 90 years, every single year, and at that
point we will just meet the $45 billion that is coming our way in an
emergency supplemental, none of which is paid for.
Do you understand what I am saying? This would be over $200 billion
now sent to us by the administration, saying we have to increase these
expenditures and we ask you to do it, Congress, but we are not going to
pay for it. We will add it to the debt.
In addition to that, the highest priority, of course, is to eliminate
a tax that doesn't exist--the death tax, the tax on inherited wealth,
making the tax cuts permanent, which would benefit upper-income folks.
Let's trim everything, but let's especially--and I will work with the
Senator from Oklahoma on this--worry about the big ones. The big one
that is coming--and I voted with the Senator on the embassy amendment--
is the $45 billion. It is headed our way; it is a big deal. Should we
be paying for that? Should the President suggest--as most have whenever
we have been at war--that perhaps all of America, not just the
soldiers, has some responsibility to contribute? But not under this
circumstance. This President says no, no, give me an emergency
designation so we can spend it and it doesn't count. It counts on the
chart of the Senator from Oklahoma. It counts in terms of lost
opportunity for our children and grandchildren.
This burden doesn't belong just to one political party. I agree. I am
saying that, in my judgment, we are off track. This fiscal policy
doesn't add up. And what is being requested of us by the President is
to have all our soldiers sacrifice but none of us sacrifice.
Mr. COBURN. Mr. President, reclaiming my time----
The PRESIDING OFFICER. The Chair feels compelled to state that
yielding is for the purpose of a question, if the Senators would
remember that.
Mr. COBURN. The important thing to remember--and there is some merit
in the words of the Senator from North Dakota--is from 2000 to 2004,
this body increased discretionary spending by 39 percent. We were not
in a war as we did that. We increased discretionary spending across all
accounts, in every appropriations bill in that period of time. We
entered a recession. Did the spending decrease? No, it continued.
The tax cuts were meant to stimulate the economy. The fact is, there
is no discipline. There will not be any great argument on the tax side
with me. But there is no discipline within the body of Congress to trim
spending. What was the Interior Appropriations bill in the year 2000?
It was 35 percent less than it is today. Yet, we are proud that we take
1.7 percent away? It is a good accomplishment. It is almost unheard of
in the last 15 years in Congress. But the fact is, it already grew
almost 40 percent. So what we are doing is taking away from a much
larger pie.
My point is that we do a disservice to this country if we fail to
recognize we have an obligation to think long term, and a half billion
dollar cut is a great start, but it is not near enough, as the Senator
said. We need to cut across the board. Do you think we cannot find 10-
percent savings in the Pentagon? We are holding oversight hearings.
They spent a billion dollars on a travel system that should have cost
$20 million.
There is no oversight with which to go after the waste, fraud, and
abuse within the Federal Government. We are more interested in passing
the next bill than doing the hard work of oversight to see where the
waste, fraud, and abuse is. We are going to do that. We have a Federal
financial management committee. We have an ATP program. It is nothing
but corporate welfare. We are going to spend $120 million on that and
we are going to give $120 million to GE, IBM, and Chrysler to do
research they are going to do otherwise. Yet we cannot get anybody to
help us cut that out. The House cuts it out, but this body won't cut it
out.
The point is, there is a large need for the constituencies in this
country to start holding us accountable for the spending increases. If
the American public would go through this report language, they would
be appalled that in a time of war we think it is fine to build new
visitor centers all across this country. Remember, we are going to ask
our grandchildren to pay for it--about four times what it actually
costs. There has to be the start of some fiscal discipline that says we
cannot afford to do that now, period. It is a good idea, but we cannot
steal from our children anymore. And throughout this bill are multiple
instances like that, which we could wait on. But we don't wait because
the next election is more important than the next generation.
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With that, I say to the American public we are going to be offering
several amendments. I doubt they will pass. But their intent is to
start making a beginning in trimming and getting us into line, where we
need to be--not for us, not for our political future, but for the
future of our children and grandchildren.
I admit to my friend from North Dakota that part of that--the tax
policy--is important. But you cannot just look at one side of it. The
stimulative policy of tax cuts was important to get this country out of
recession. But while we were doing that, this body and the other body
increased the discretionary spending in this country by 40 percent. And
we cannot afford that. We cannot be proud, even though it is a good
start. We should not be proud we cut a half billion dollars from this,
when this whole thing was less than $20 billion in 2000. We could go
through, if we wanted to care about our children and grandchildren, and
cut 10 percent out of every agency. We don't have anybody here with
courage who is willing to make the hard decisions to do that, because
in the short run it hurts; in the long run, it is healthy.
The PRESIDING OFFICER. The Senator from North Dakota is recognized.
Mr. DORGAN. Mr. President, I was thinking of asking unanimous consent
so that each time I take the floor it would be assumed that I frame my
comments preceded by ``don't you agree'' to satisfy the quaint rules of
the Senate with respect to asking a question. I will refrain from that
and when asking my colleague to yield the next time, I will say ``don't
you agree'' before I give my speech.
My colleague does a service. I don't disagree with him. I think we
ought to be tightfisted; we spend money on things we should not spend
money on. We are getting huge blocks of funding requests coming in our
direction by the administration calling it ``emergency funding.'' We
have had almost $200 billion worth, and another $45 billion is coming
now. They say, don't pay for it, don't worry about it. We will declare
it an emergency and we won't count it.
Mr. COBURN. Mr. President, the question I have for the Senator is,
does that request not come from the Appropriations Committee?
Mr. DORGAN. Yes.
Mr. COBURN. Therefore, it comes to the floor, does it not, with the
recommendation of the Appropriations Committee? So we are equal
partners in asking for that money. It is not just the administration.
Mr. DORGAN. Absolutely. No question about that. And the control of
Congress is of the same political party as the White House, and there
is no interest in having a discussion about whether we should pay for
that which we are spending in Iraq. The administration decided we are
going to simply declare it an emergency, add it to the national debt,
and let somebody else pay for it.
That doesn't happen in most wars. Usually, the leadership says here
is why we have to spend this, and it is a national purpose. But we are
going to ask the soldiers to represent the country and let's find a way
to do it.
I will make this point. The Senator says we have some mutual
responses. No question. On one of the early tranches of appropriations
to replenish these accounts, there was a vote on the floor of the
Senate to pay for some of it. But the Congress, as he knows, is not of
a mind to do that, when the President says he doesn't want to. You can
dramatically cut spending or increase some revenue. It would be
interesting to see if the administration would be interested in sitting
down with the Congress to talk about whether we even should pay for it
because the administration thinks we should. It would be interesting if
we had a sit-down discussion about how to pay for it.
I happen to think that would be useful for the country. I would like
us to do that. I think this country has a fiscal policy that is
dramatically off track. I don't diminish the tax side as much as my
friend does. About two-thirds of the current deficit comes from reduced
revenue. We are at a lower revenue of GDP than we have been for a long
time. Most of that came from the tax cut, and most of it didn't benefit
people that I represent, by the way. Making the rich richer doesn't
benefit everybody. The President says extend all of the tax cuts, which
is a substantial amount of money and lost resources, and let's repeal
the death tax, which doesn't exist.
We should have a long discussion. I think our country deserves a
fiscal policy grounded in fact and good thought about the future. My
colleague from Oklahoma does a service by coming to the floor to talk
about those red lines on that chart. I feel strongly about them, not
just in fiscal policy but also trade policy. I hope at some point all
of us could decide this is a crisis. There is an urgency here and we
should work together on that basis.
If my colleague wishes me to yield further, I am happy to do that.
Mr. COBURN. Yes. If you took the whole cost of the war today, it is
less than half of this. The whole cost of the war is less than half of
this, thus far. The fact is, tax policy aside, we could even agree on
it--there is no question that $1 out of every $3 is either wasted,
inefficient, or defrauded in the Federal Government. That has been said
by the Grace Commission and the Comptroller General of the country, in
terms of us failing to do the oversight. So we can raise taxes, I
believe, as a consequence of that. Would the Senator agree that if in
fact we held the spending level--no increase in spending--and worked
toward efficiency in the Federal agencies, could we not accomplish a
great deal and still stimulate the economy?
Mr. DORGAN. The Grace Commission has long since been discredited. I
will not go into the recommendations, some of which were adopted but
many of which were absurd. That is a 20-year-old debate. Let's assume
for the moment there was no increase in spending of any type. That
would represent a huge problem for the poorest of the poor who get
medical care from Medicaid.
As you know, health care costs are rising dramatically, not having to
do with much that is happening in this Chamber. Nonetheless, there is
substantial increase in health care costs every year. If you said to
the poorest of the poor, everybody else is going to get health care,
but we are going to freeze health care funding for you, I am sorry,
they would be in big trouble.
We also have more people every month becoming eligible for Medicare.
The fact is, we have a rising Medicare population. Every single month
more and more people hit the Medicare rolls. With increased medical
costs and more people being eligible, does Medicare cost more? Of
course, it does. People are living longer, better lives.
I have spoken at great length on the floor of the Senate about my
Uncle Harold. My Uncle Harold is 84 years old now, and he is a runner.
He has 43 Gold Medals. He is a 400-meter specialist in the Senior
Olympics. My aunt thinks he is half goofy. He is always off running
road races. He runs the 400-meter and runs faster than anybody his age.
It used to be when you reached 80, you found a Lazy Boy and you just
sat in the house until you died. You were old and you had a right to
act old. Now people are living longer, active lives.
That puts a strain on Medicare. More people are living longer, so
they hit the Medicare rolls. Health care costs are up very
substantially, double digits in many cases. So we bear the burden of
that on the spending side.
If we were to decide tomorrow we are not going to spend a penny above
last year, all you say to poor people on Medicaid is: Sorry, you are
out of luck. You are going to have less health care.
My colleague from Colorado is a very interesting Senator. We do not
know each other very well. He just arrived in the Senate in January. I
am looking forward to getting to know him. I am sure I will.
I hope we can have further discussions about the economy. I do not
dismiss quite as quickly, as I think my colleague was trying to do, the
fact that when you decide to have large tax cuts mostly to benefit the
wealthiest of the wealthy in this country that you have an enormous
consequence on the revenue side that therefore causes a substantial
amount of that red bar on that chart, and one-half to two-thirds, at
the moment, of the current deficit is because of less revenue because
of the tax cuts. I know the minute I started talking about maybe we
should pay for the cost of the war, my colleague segued immediately
into we want to raise taxes.
I am looking to see a fiscal policy that meets the needs of this
country.
[[Page S7371]]
That is a combination of things that are thoughtful and interesting
that puts us right on track so we can have a future that expands
opportunity for our children rather than contracts opportunity for our
children.
I will be happy to yield one more time. I see my colleague would like
for me to yield.
Mr. COBURN. Mr. President, I am trying to think of how to phrase this
as a question. First, I think my statement was on discretionary
spending, not mandatory spending in terms of my relationship to an
increase in spending. I would think the Senator would agree that if, in
fact, we froze discretionary spending, we would drive efficiency,
innovation, and productivity among all those agencies. I hope that he
would agree with that.
Mr. DORGAN. Mr. President, let me make a final comment. I know we
have a couple colleagues who want to speak. Frankly, we Senators are
not much of an audience. We much prefer listening to ourselves than
others, and we are probably boring them to tears.
Discretionary spending is very interesting. As the Senator knows,
what comes from the Appropriations Committee to the floor of the Senate
is the discretionary spending side. Much of the spending is mandatory.
The Senator from Oklahoma is correct that health care is mandatory
spending. We could virtually eliminate the entire discretionary
spending side and probably still not put this back on track.
The Senator made a point that I want to emphasize. It is a point on
which we agree. All these people walk around saying this is what the
deficit is. That is not what the deficit is. My colleague, Fritz
Hollings, who used to sit right behind me, talked about this forever.
For him it was a religion. The number they publish as to the Federal
budget deficit is total nonsense. That is not what the deficit is. It
is much higher than that because they are raiding all the trust funds
to get to that point.
We will have a longer discussion. I enjoyed this one. This is an
important issue. There are some issues that are small and unimportant,
some big, and often the Senate treats the serious issues too lightly
and the light issues too seriously. In this case, this is a big issue
and will affect this country for decades to come. We ought to have more
discussions, both on and off the floor, about how we put America back
on track.
Mr. President, I wish to make one final point. This morning's New
York Times said IBM is cutting their hiring here to hire over there.
Get rid of American workers, hire workers in India. The first step--not
the second, third, or fourth step--the first step toward sanity would
be for everyone in this Chamber to vote the next time I have an
amendment on the floor--I have done it twice and lost twice--that says
the first step we ought to do is to decide to stop having tax breaks
for those who move their American jobs overseas. Stop the American
public from having to pay for this nonsense.
We are providing tax cuts to companies that fire their American
workers and move them to Bangladesh, Sri Lanka, China, or, in this
case, India. That is absurd.
I am going to offer that amendment again for a third time, and
perhaps I will have enough support so we can take the first baby step
toward sanity in dealing with job loss in this country.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Arkansas.
Mr. PRYOR. Mr. President, I ask unanimous consent that I be allowed
to speak as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Judicial Compromise
Mr. PRYOR. Mr. President, I would like to change gears for a few
moments and talk about something that is also important to this body,
and that is the judicial compromise that 14 Senators, including myself,
reached on May 23.
This agreement, or memorandum of understanding, was signed by seven
Democrats and seven Republicans. I hope it has helped bring this august
body back from the brink of what we have called nuclear catastrophe.
The agreement or compromise on judicial nominees helped prevent the
so-called nuclear option from occurring. This agreement allowed an up-
or-down vote on several of President Bush's most controversial judicial
nominations while protecting minority rights in the Senate, as well as
the checks and balances on which our Government was founded.
It has been about a month since the agreement was entered into. I
have had a little bit of time to reflect on some of the things that
happened leading up to and during that time and since that time. So if
I may, I would like to take just a few moments to share some thoughts.
The first thought I wish to share is that I felt it very important to
avoid the nuclear option. The reason I say that is because one of the
great things about this body throughout its history is this body's
emphasis on protecting the rights of the minority, the rights of those
who maybe in other places might not have a chance to be heard. But in
the Senate, given our sense of checks and balances and given our
history and the way the Founding Fathers established the Senate, the
voice of the minority can be heard.
I also think in order to avoid the nuclear winter, if you want to
continue with the analogy of the nuclear option, after the nuclear
trigger had been pulled would have been devastating for this body. It
would have set a terrible precedent and probably what would have
happened--I could be wrong about this; maybe we will never know--
probably what would have happened is that we would not have gotten
anything passed in the Senate, with the exception of our appropriations
bills and a few pieces of emergency legislation. It would have just
been awful.
Quite frankly, I know when the people in Arkansas elected me to the
Senate, they did not elect me to come up here to twiddle my thumbs and
get into partisan brouhahas. They elected me to get things done for the
State, the Nation, and the world. In fact, in the last few weeks we
have been able to work through many issues on the Energy bill--we
anticipate it will pass next week--and the Transportation bill. There
are a lot of issues involved. Both those bills still have to go to
conference and have final passage. Regardless, I wonder if those would
have been possible had the nuclear option trigger been pulled.
I also must say that I have been a little disappointed with some of
the rabid rhetoric by special interests around the country and by
commentators, maybe statements I have heard on various radio and
television talk shows. Quite frankly, I think the rhetoric is not
helpful. I think it is unfair, it is untrue, and I think a lot of it is
just plain wrong.
I have heard some people say that the Senators who entered into this
agreement are sellouts or traitors or they call for retribution. If I
may say about my 13 colleagues, it took great courage for them to enter
into this agreement because they knew the political risk they were
taking, but they also knew they were standing up to try to do the right
thing.
One observation I have made about a lot of the people who are
critical about this agreement is that they do not necessarily want to
see the Senate get things done, that their agenda is not for
productivity. Their agenda may be limited to a few narrow issues, and
they just want those issues emphasized, talked about, with a sort of
``win at all costs'' mentality.
One of the great things about the Senate is that it is a place where
people can come together and find common ground. That has been the
history of the Senate. We learned from this compromise that good things
happen when Senators talk to each other.
One of the lessons I have learned in Washington--I have been here
about 2\1/2\ years now--is, quite frankly, we spend a lot more time
talking about each other than we do talking to each other. Hopefully,
this compromise is an example of when we talk with each other, good
things can happen and positive things can flow from that.
In fact, I know a lot of people around the country--I have a few in
my State of Arkansas--who think that compromise is a dirty word. I just
cannot disagree more strongly. If we look at the Constitution, the fact
that we have a bicameral legislature, the fact that we have a Senate
and a House of Representatives, and the different structure of those
two, that has always been called the Great Compromise in the
Constitutional Convention. The fact
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the Senate even exists today is a result of a compromise. The fact that
our Government is located in Washington, DC, we all know now from
history, is the result of a compromise. In fact, you can go throughout
American history and see compromise after compromise where people find
common ground and put the common good above their private interests or
their narrow set of interests.
We have seen that just as recently as this week on the Energy bill. I
think if you ask all 100 people, they would say this bill is not
perfect, but it is a compromise, trying to find common ground, trying
to set national energy policy for the Nation. Compromise can be very
good.
I think in this particular compromise, both parties won. It was good
for the Democrats, and it was good for the Republicans. Both sides had
to give up something in order to get there. The Senate won, but most
important of all the American people won because the fact the Senate is
back in business and we have moved through a number of nominations and
we already moved through major pieces of legislation and we are
starting another piece of legislation today is a win-win for the
American people.
I have no doubt at all--and this is another observation--that this
agreement will be tested. I have no doubt people will shake it to see
how strong it is. It will be scrutinized, and it has been scrutinized.
There has been a lot of ink spilled over this agreement as to what
certain phrases mean or how it will be applied, how it will be
interpreted.
One thing I found a little humorous, if I may say, during the course
of the last 30 days, is I have heard a lot of so-called experts talk or
write, and they try to apply their own definitions to this agreement.
It seems particularly true for those who disagree with the agreement
most. They try to define it and refine it and shape it in a way that
meets with their approval.
I will run through a couple of items in the agreement. I will try to
do this very quickly because I know there are other colleagues who are
very patiently waiting to speak. Sections A and B in the agreement,
part A states:
Future Nominations. Signatories will exercise their
responsibilities under the Advice and Consent Clause of the
United States Constitution in good faith. Nominees should
only be filibustered under extraordinary circumstances, and
each signatory must use his or her own discretion and
judgment in determining whether such circumstances exist.
Part B states:
Rule Changes. In light of the spirit and continuing
commitments made in this agreement, we commit to oppose the
rules changes in the 109th Congress, which we understand to
be any amendment to or interpretation of the Rules of the
Senate that would force a vote on a judicial nomination by
means other than unanimous consent or Rule XXII.
I will run through a few issues in those phrases, if I may. There are
two basic questions I get continuously. In fact, I was talking to some
of the Capitol Hill interns yesterday and the first question out of the
box, they asked: What are extraordinary circumstances? That is a fair
question. I get that everywhere I go now.
The other question I get is: Is the nuclear option off the table for
the 109th Congress?
As to the question about extraordinary circumstances, I would say
this: The 14 Senators sat down in many of our offices for days on end,
hours and hours of meetings and discussions and one might say
negotiations. We would look each other in the eye. We understand how
important this is and we have a strong sense of where our other 13
colleagues are coming from. Extraordinary circumstances will not be
defined by outside groups. With all due respect to the leaders and even
the other Senators who are not part of this, it will not be defined by
our leaders or by our colleagues.
Extraordinary circumstances means exactly what it says in the
agreement. We will use our discretion and our judgment in making that
determination. In fact, I would say all 100 Senators, when they were
sent to Congress by their 50 States, the voters in those States expect
their Senators to use their discretion and judgment in everything we
do. This is no different. All 14 of us are very committed to doing that
and using our discretion and judgment.
I think I can speak for the group that we all hope we do not have to
deal with extraordinary circumstances, but in the event we do, we trust
each other. I think that is the bottom line on this agreement. This
agreement is one that is based on trust.
So when we are asked about extraordinary circumstances or when we are
asked about is the nuclear option off the table, the bottom line we
will keep coming back to is trust. We trust each other. The 14 of us
have built that level of trust through this process and we are
committed to doing our dead level best to try and make this agreement
work.
The answer to the second question, is the nuclear option off the
table for the 109th Congress, I would say, yes, it is because it is
based on trust. During the negotiations and ever since the negotiations
have concluded and to this very point today, we have proceeded in good
faith. The Democrats have had to make some hard votes on some of these
judges who had not received up-or-down votes before and we have done
that. I think some of the Republican signatories will acknowledge that
it was very hard for some of the Democrats to do what we have done on
some of these judicial nominations.
At the same time, we trust our Republican colleagues, our Republican
signatories to this agreement, to act in good faith in the future. This
is based on trust. I am proud of my colleagues. I am proud I was able
to be part of this agreement.
Let me talk about one more section. I know I have colleagues waiting
to speak so I will try to be very brief. But after part II, sections A
and B, there is another section that deals with advice and consent. As
everyone now knows, this language was agreed to, but it was really
hammered out by Senator Robert Byrd and Senator John Warner, two great
statesmen we have in the Senate.
The language states:
We believe that, under Article II, Section 2, of the United
States Constitution, the word ``Advice'' speaks to
consultation between the Senate and the President with regard
to the use of the President's power to make nominations. We
encourage the executive branch of government to consult with
members of the Senate, both Democratic and Republican, prior
to submitting a judicial nomination to the Senate for
consideration.
Such a return to the early practices of our government may serve to
reduce the rancor that unfortunately accompanies the advice and consent
process in the Senate. Again, Senator Byrd and Senator Warner deserve a
lot of credit for the phrasing of this language. I think this language
is exactly right. I think when the Constitution says advice and
consent, the Founding Fathers meant what they said, advice and consent.
Oftentimes we talk about consent, but the word ``advice'' gets
overlooked. I would hope that every President would seek the Senate's
advice on nominations. I think not only is it required in the
Constitution, but it is smart and it shows good judgment by the
President.
I also think if Presidents would do this, a lot of this rancor would
go away and a lot of the nomination process for these folks would get
much smoother. I have not been around the Senate very long, about 2\1/
2\ years, but I did in some ways grow up around the Senate. One of the
things I have seen over the years that has changed is there used to be
much more bipartisan cooperation.
In fact, I think the people in my State--I cannot speak for people
all over the country, but I have a clear sense from people in my State
that they are sick and tired of the partisan bickering in Washington.
They want us to work together. They elect us to work together. They
expect us to do that. That is their hope, because we all know, they all
know, that for us to get things done in Washington we have to work
together.
I am hoping this agreement is an important step in doing that. That
is not just true within this body--and, by the way, if I can
editorialize for one moment, I would say we need to be very clear. Both
parties are to blame for the partisan rancor. It is not limited to one
side or the other. When it comes to judicial nominations, the Senate
shares some responsibility and the President shares responsibility, not
just this President but previous Presidents and previous
administrations, Democrats and Republicans. We all share some of the
blame, we should all own up to that responsibility, and we should all
do our best to make it better.
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Maybe back in the old days the President might call a few Senators
over to the White House and say, hey, let's have a drink and let's talk
about this. I am not going to make a recommendation on the having a
drink part, but I do want to strongly encourage the President to invite
Members of the Senate over to talk about upcoming judicial nominations.
I hope he will not just talk to one or two. I hope he does not just
talk to members of his party. I hope he will talk to a number of
Senators about nominations. I think it is very important.
The last thing I wanted to say is I cannot speak for my 13
colleagues, but I think if one asks all 14 of us, we would want to be
very clear on one point, and that is when we entered into the
agreement, we in no way, shape, or form wanted to become a rump
Judiciary Committee. We do not want to do that. We do not want that
role. I am speaking for myself here, but I think one could ask my 13
colleagues. We do not see ourselves as having any veto power or any
unique role now in judicial nominations. I would hope very strongly
that the Senate Judiciary Committee would continue to be the place in
the normal process these nominations go through. I have a ton of
respect for Senators Arlen Specter and Senator Patrick Leahy. They are
great leaders. They are great Americans. They do yeoman's work in the
Senate Judiciary Committee. I would hope those two would be the first
two the President would consult.
Quite frankly, I wish they would consult with John Warner and Robert
Byrd because I think those two add a lot. Certainly I would hope the
White House would talk to all members of the Judiciary Committee and
the home State Senators before these nominations are made. I think
that, again, is a way for us to tone down the rhetoric and to provide a
smoother course for these nominations to get through.
I cannot predict the future, but I do know what it has been like
around here in the past. I think things have gotten a little bit better
in the last 30 days since we entered into this agreement. I am so proud
of my colleagues that sensible voices have come to the floor. We have
found common ground on judicial nominations. I am not sure there has
been a more contentious issue since I have been in the Senate. If we
can work that out, we hope that is a good sign for the American people
that we can work out a lot of things.
Our compromise shows there is still a spirit of trust and
bipartisanship in this body, and I hope we can foster that and move it
forward.
I thank my 13 colleagues who entered into this agreement. I know many
of them showed great courage when they did it. Many of them have been
heavily criticized for doing it, but I am convinced it is the right
thing to do. I am proud we did it and I hope it provides us a model for
how we can move forward and try to find common ground in the future on
a whole variety of issues. I am not saying the 14 should get back
together on every single issue, but I hope it shows that Members of the
Senate will continue to reach across the aisle, find that common
ground. Just as we heard a few moments ago with the Senator from
Oklahoma and the Senator from North Dakota, they may come out in the
process at different places, but it is great to hear that dialogue
where they can hash out ideas and try to get things done and try to do
the right thing for this country.
I yield the floor.
The PRESIDING OFFICER. The Senator from Colorado.
Mr. ALLARD. Mr. President, I will get back on the subject of the
Interior appropriations bill, if I might. I start out my comments by
thanking Senator Burns, my good friend and colleague from Montana,
chairman of the Interior Appropriations Subcommittee, and the ranking
member, Senator Dorgan, and their staffs for the hard work that went
into this bill. We all knew this was not going to be an easy process
this year because it is a tough budget year and difficult adjustments
had to be made.
I respect the President and his effort to try and hold down Federal
spending. Senator Burns and I, who both serve on the Budget Committee,
understand the importance of trying to bring some fiscal sanity to the
process. I do respect many of the comments my colleague from Oklahoma
made on the floor. The only comment I have is that the time to have
made many of those points is when the budget itself was before us. When
the budget was before us, we had an opportunity to hold down spending.
Many of us were disappointed at the level of spending that ended up
being reflected out of the budget proposal, but I do want to commend
Senator Burns and his staff for staying within the 302(b) allocation,
or the amount of money that was allocated through the budget to the
Appropriations Committee, that eventually was reflected in the total
amount of spending in this bill. So from my point of view, I found the
chairman of the Interior Appropriations Subcommittee to be very
responsible and diligent in his duties. I, for one, am very
appreciative of that.
As I mentioned earlier, I respect what the President was trying to do
to hold down spending. Some of the cuts he put forward, I strongly
support. Some of them I have a disagreement with, and some of those
disagreements are reflected in this particular legislation.
To give a little historical background, when the State of Colorado
joined the Union in 1876, we were known as the Centennial State because
we came in 100 years after our independence in 1776. Our first Senator,
Senator Teller, was one of two Senators who assumed his duties and
then, after his second term, became Secretary of the Interior. He
became known eventually as the representative of the entire West
because a lot of States were still territories. The jurisdiction of the
territories fell under the Department of the Interior. So,
historically, the programs in the Interior Department have been very
important to States in the West. Colorado is no exception to that.
If we look at today's figures, the Federal Government owns
approximately 24 million acres in Colorado. That is 34 percent of the
total State lands. All told, about 60 percent of all the lands in the
State of Colorado are owned by public entities--whether it is the
Federal Government with its 34-percent share, or State and local lands
which are owned by school districts in the State, as well as State
parks and local parks and that type of thing. So, like other Western
States, the Interior appropriations bill becomes very important.
If we contrast that with the State of Indiana, which is made up of
less than 23 million acres, then the Members of Congress begin to
appreciate the real significance of Federal lands in States such as
Colorado. Only eight States, all in the West, have a higher percentage
of Federal land ownership than the State of Colorado. This is important
when we get to programs like the PILT Program, which means Payments In
Lieu of Taxes. This is a program very important to the State of
Colorado, as it is to many Western States. Payments In Lieu of Taxes is
designed to help prevent property tax imbalance.
The Federal Government does not pay property taxes. So we have come
up with this program called PILT, or Payments In Lieu of Taxes. The
program helps those local governments whose property tax bases have
been impacted because of Federal agencies, and helps to fund the
services that they provide to their communities. This is an area where
the President had suggested a reduction in funding.
I support the committee action in this bill to restore those dollars.
The PILT funding in this bill is $235 million, $35 million above the
amount of the President's budget request and $8.2 million more than
last year's level. But the chairman was able to do this and stay within
the budget numbers that were allocated to this committee.
Let me say a little bit more about the PILT Programs. These dollars
go to the States, but what they help pay for primarily is education
because in the Western States so much of the property tax goes to
education. For example, in the State of Colorado a good share of
educational effort is paid by the local property taxes. There are some
Federal dollars and some State dollars that go in and match in with the
local dollars, but basically education is a local program. So if you
want to have a strong educational program, particularly in the rural
areas of Colorado, this is an important program.
Why shouldn't the Federal Government do its fair share? If they are
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using the resources of the communities in the States in which the
Federal Government is doing business and costing those taxpayers money
because of their presence, I think they owe those States, and those
counties and local governments, their fair share of the property tax
burden.
Another important program funded through the Interior appropriations
bill is the Bureau of Land Management Oil and Gas Management Office.
This is the office that is responsible for the leasing and permitting
of onshore oil and gas wells. Throughout the West, there are very long
delays in processing these permits, solely because the Bureau of Land
Management lacks the staff to do it.
I have been told that each month of delay getting these wells on the
line means that 28 million cubic feet of gas is not reaching the
market. I believe that is critical. It is important to the Western
States, but it is critical to the overall good of this country. Again,
I commend the chairman for seeing the need and addressing the issue in
this particular bill. But it concerns me when one considers the
constrained supply and high prices all of our constituents are facing.
So I am hopeful that down the line, we will be able to find
some additional funding for these activities.
A program that is new to the Interior appropriations bill this year
is the State and Tribal Assistance Grant Program, often called STAG.
Just over $2.5 million in STAG funds will be going to Colorado. The
nice thing about this program is that it is based on grants, so for
those communities that have true needs, that money is going to be
available to them.
This program helps communities around the country fund upgrades to
their drinking water treatment systems. It is especially important to
small communities that have severely aging infrastructure and are
disproportionately impacted by increases in requirements and water
standards. We have gone through a recent change in water standards that
is having a disproportionate impact on some of the smaller communities
that I represent in the State of Colorado.
I would also mention a number of projects that are funded throughout
this bill that are important to me and to the State of Colorado. These
projects are not locale-designated projects. In other words, not one
community or one county necessarily benefits, but they do tend to
benefit a larger geographical area. As I go through these, I think you
will begin to understand what I am trying to accomplish.
We get a lot of requests as Members of the Senate from specific
cities and specific counties wanting projects designated specifically
for their area. But I have tried to keep these generally spread out
because then the entire State of Colorado benefits. There are a lot of
needs out there.
We set aside some money for the High Elk Corridor. It is a migration
route for elk, and it is important in central Colorado, so we have set
some money aside for that. The Platte River fish recovery project--this
is for the entire drainage system of the south Platte and also the
north Platte. It affects, actually, more States than just Colorado. It
is an attempt to restore endangered species within the drainage system
so the Endangered Species Act doesn't come into play in a way that
impacts property rights, which is a very important issue as far as
Western States are concerned.
I also have some money here for the Upper Colorado Fish Recovery
Program. This is the Colorado River drainage system. Not only does it
help the State of Colorado, but other States that are on the Colorado
River, because we are trying to sustain an endangered fish population
in that river system so that our water users do not get
disproportionately impacted.
We have some money in there to complete a conservation easement on
the Banded Peaks Ranch, and funds for the Colorado Canyons conservation
area. We want to help sustain the conservation efforts there.
It is projects such as these that benefit the public as a whole, and
I am pleased we were able to secure funding for them.
Finally, before closing, I again thank the full committee chairman
and ranking member, Senators Cochran and Byrd, and the majority and
minority leader for bringing this bill to the floor so quickly. Again,
I also recognize the diligent effort by Senator Burns and his ranking
member, Senator Dorgan. This is the first appropriations bill we have
up on the Senate floor this year. It reflects their hard work and
commitment to getting us through this session in a timely way.
I believe it is very important that Congress meet its
responsibilities to pass funding bills before the end of the fiscal
year. I think that continuing resolutions and omnibus bills tend to be
messy, and an inappropriate way to go about fulfilling our
responsibilities to fund the Federal Government. I am pleased we seem
to be on track to pass the appropriations bills on time this year.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Montana.
Amendment No. 1010
Mr. BURNS. Mr. President, on behalf of Senator Voinovich, I call up
amendment No. 1010, which relates to Indian gaming.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Montana [Mr. Burns], for Mr. Voinovich,
proposes an amendment numbered 1010.
Mr. BURNS. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To prohibit the use of funds to take certain land into trust
without the consent of the Governor of the State in which the land is
located)
On page 254, after line 25, add the following:
Sec. 4 . None of the funds made available by this Act
may be used to take land into trust on behalf of an Indian
tribe for the specific purpose of gaming without the consent
of the Governor of the State in which the land is located.
Mr. BURNS. Mr. President, I think that is about the only amendment
that we have to be offered in today's business. We have kind of run our
trap lines. Senator Dorgan?
Mr. DORGAN. I don't know of any amendment also intended to be offered
today. I do know we have had some colleagues talking to us about
amendments they wish to offer on Monday, but at least on this side, I
know of no amendments to be offered for the remainder of the day. My
understanding about the amendment the Senator has just laid down on
behalf of Senator Voinovich is we are not going to dispose of that
amendment at this point. We have some issues we need to discuss. We
will begin to think about action on that on Monday; is that right?
Mr. BURNS. That is correct. We will huddle on that, on this amendment
and others that will be coming to the floor later on.
Mr. DORGAN. I ask unanimous consent to speak for as long as I
continue.
The PRESIDING OFFICER. The Senator is recognized.
Mr. DORGAN. I will not speak for a lengthy time, but I wanted to
thank my colleague from Montana as he leaves. He will be back on Monday
as we take up this bill again, and I look forward continuing to work
with him. We put together a pretty decent bill.
As I indicated previously, this bill actually cuts by $\1/2\ billion,
slightly more, spending over the previous year. So it has been a chore
to get this done because of the substantial cuts. But the Senator from
Montana has been good to work with.
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