[Congressional Record Volume 151, Number 87 (Monday, June 27, 2005)]
[Senate]
[Pages S7439-S7445]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1020. Mr. COBURN submitted an amendment intended to be proposed by 
him to the 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; as follows:

       At the appropriate place, insert the following:
       Sec.   . (a) Findings.--The Senate makes the following 
     findings:
       (1) The on-budget deficit for fiscal year 2005 is estimated 
     to be $541 billion according to the Congressional Budget 
     Office.
       (2) Total publicly-held federal debt on which the American 
     taxpayer pays interest is expected to reach $6 trillion by 
     2011 according to the Congressional Budget Office.
       (3) The United States and its allies are currently engaged 
     in a global war on terrorism.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that:
       (1) The servicemen and women of the United States Armed 
     Forces deserve the full support of the Senate as they seek to 
     preserve the safety and security of the American people.
       (2) Activities relating to the defense of the United States 
     and the global war on terror should be fully funded.
       (3) Activities relating to the defense of the United States 
     and the global war on terror should not be underfunded in 
     order to support increased federal spending on non-defense 
     discretionary activities.
       (4) Any additional emergency supplemental appropriations 
     should be offset with reductions in discretionary spending.
                                 ______
                                 
  SA 1021. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the 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; which was ordered to 
lie on the table; as follows:

       On page 200, after line 2, add the following:
       Sec .  . None of the funds made available by this Act may 
     be used by the Administrator of the Environmental Protection 
     Agency to award assistance agreements to national 
     organizations that represent the interests of State, tribal, 
     and local governments unless the award is subject to open 
     competition.
                                 ______
                                 
  SA 1022. Mr. BURNS (for Mr. Frist (for himself and Mr. Reid)) 
proposed an amendment to the 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; as 
follows:



 =========================== NOTE =========================== 

  
  On page S7439, June 27, 2005, under ``TEXT OF AMENDMENTS'', the 
following sentence appeared: SA 1022. Mr. BURNS (for Mr. Frist 
(for himself and Mr. Reed).
  
  The online version has been corrected to read: SA 1022. Mr. 
BURNS (for Mr. Frist (for himself and Mr. Reid).


 ========================= END NOTE ========================= 

       At the end of title IV, insert the following:

     SEC. __. CONGRESSIONAL SECURITY RELATING TO CERTAIN REAL 
                   PROPERTY.

       (a) In General.--Except as provided under subsection (b)--
       (1) the District of Columbia Board of Zoning Adjustments 
     and the District of Columbia Zoning Commission may not take 
     any action to grant any variance relating to the property 
     located at 51 Louisiana Avenue NW, Square 631, Lot 17 in the 
     District of Columbia; and
       (2) if any variance described under paragraph (1) is 
     granted before the effective date of this section, such 
     variance shall be set aside and shall have no force or 
     effect.
       (b) Conditions for Variance.--A variance described under 
     subsection (a) may be granted or shall be given force or 
     effect if--
       (1) the Capitol Police Board makes a determination that any 
     such variance shall not--
       (A) negatively impact congressional security; and
       (B) increase Federal expenditures relating to congressional 
     security;
       (2) the Majority and Minority Leaders of the Senate and the 
     Speaker and Minority Leader of the House of Representatives 
     approve such determination; and
       (3) the Capitol Police Board certifies the determination in 
     writing to the District of Columbia Board of Zoning 
     Adjustments and the District of Columbia Zoning Commission.
       (c) Effective Date.--This section shall take effect on the 
     date of enactment of this Act and apply to the remaining 
     portion of the fiscal year in which enacted and each fiscal 
     year thereafter.
                                 ______
                                 
  SA 1023. Mr. DORGAN (for Mrs. Boxer (for herself, Mr. Nelson of 
Florida, Mrs. Clinton, Mr. Schumer, Mr. Obama, Mr. Jeffords, and Mr. 
Kerry)) proposed an amendment to the 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; as follows:

       At the appropriate place, add the following:
       Sec. ___. 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.
                                 ______
                                 
  SA 1024. Mr. DORGAN (for Mrs. Feinstein) proposed an amendment to the 
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; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. Section 114 of the Department of the Interior 
     and Related Agencies Appropriations Act, 2003 (16 U.S.C. 
     460bb-3; Public Law 108-7), is amended--
       (1) in the second sentence, by inserting ``, including 
     utility expenses of the National Park Service or lessees of 
     the National Park Service'' after ``Fort Baker properties''; 
     and
       (2) by inserting between the first and second sentences the 
     following: ``In furtherance of a lease entered into under the 
     first sentence, the Secretary of the Interior or a lessee may 
     impose fees on overnight lodgers at Fort Baker properties.''.
                                 ______
                                 
  SA 1025. Mr. DORGAN (for himself, and Mr. Bingaman) proposed an 
amendment to the 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; as 
follows:



 =========================== NOTE =========================== 

  
  On page S7439, June 27, 2005, under ``TEXT OF AMENDMENTS'', the 
following sentence appeared: SA 1025. Mr. DORGAN (for himself, Mr. 
Bingaman, and Mr. Durbin).
  
  The online version has been corrected to read: SA 1025. Mr. 
DORGAN (for himself, and Mr. Bingaman).


 ========================= END NOTE ========================= 

       At the end of title IV, add the following:
       Sec. 429. (a) In General.--Section 7 of the Federal Reserve 
     Act (12 U.S.C. 789 et seq.) is amended by adding at the end 
     the following:
       ``(d) Additional Transfers for Fiscal Year 2006.--
       ``(1) In general.--The Federal reserve banks shall transfer 
     from the surplus funds of such banks to the Board of 
     Governors of the Federal Reserve System for transfer to the 
     Secretary of the Treasury for deposit in the general fund of 
     the Treasury, a total amount of $1,000,000,000 in fiscal year 
     2006.
       ``(2) Allocation by fed.--Of the total amount required to 
     be paid by the Federal reserve banks under paragraph (1) for 
     fiscal year 2006, the Board of Governors of the Federal 
     Reserve System shall determine the amount that each such bank 
     shall pay in such fiscal year.
       ``(3) Replenishment of surplus fund prohibited.--No Federal 
     reserve bank may replenish the surplus fund of such bank by 
     the amount of any transfer by such bank under paragraph (1) 
     during fiscal year 2006.''.
       (b) Use of Surplus.--Of amounts transferred to the general 
     fund of the Treasury under section 7(d) of the Federal 
     Reserve Act, as added by this section--
       (1) $140,000,000 shall be made available to the Secretary 
     of the Interior for use by the Bureau of Indian Affairs; and
       (2) $860,000,000 shall be made available to the Secretary 
     of Health and Human Services for use by the Director of the 
     Indian Health Service in providing Indian health care 
     services and facilities.
                                 ______
                                 
  SA 1026. Mr. SUNUNU (for himself, Mr. Bingaman, Mr. McCain, and Mr. 
Feingold) proposed an amendment to the 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; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. None of the funds made available by this Act may 
     be used to plan, design,

[[Page S7440]]

     study, or construct new forest development roads in the 
     Tongass National Forest for the purpose of harvesting timber 
     by private entities or individuals.
                                 ______
                                 
  SA 1027. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the 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; which was ordered to 
lie on the table; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. None of the funds made available by this Act may 
     be used to carry out any study relating to bear DNA, 
     including a bear DNA sampling study.
                                 ______
                                 
  SA 1028. Mr. FRIST (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed by him to the 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; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. (a) Section 813(a) of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6812(a)) is amended by 
     striking ``and (i)'' and inserting ``and (i) (except for 
     paragraph (1)(C))''.
       (b) Section 4(i)(1)(C)(i) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(C)(i)) 
     is amended--
       (1) by striking ``Notwithstanding subparagraph (A)'' and 
     all that follows through ``or section 107'' and inserting 
     ``Notwithstanding section 107''; and
       (2) by striking ``account under subparagraph (A)'' and 
     inserting ``account under section 807(a) of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6806(a))''.
       (c) Except as provided in this section, section 4(i)(1)(C) 
     of the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-6a(i)(1)(C)) shall be applied and administered as 
     if section 813(a) of the Federal Lands Recreation Enhancement 
     Act (16 U.S.C. 6812(a)) (and the amendments made by that 
     section) had not been enacted.
       (d) This section and the amendments made by this section 
     take effect on December 8, 2004.
                                 ______
                                 
  SA 1029. Mr. DORGAN (for Mr. Kerry) proposed an amendment to the 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; as follows:

       On page 254, after line 25, add the following:
       Sec. 429. (a) From any money in the Treasury not otherwise 
     obligated or appropriated, there are appropriated 
     $600,000,000 for the fiscal year ending September 30, 2005, 
     for the Veterans Health Administration.
       (b) The amount appropriated under subsection (a) is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress).
                                 ______
                                 
  SA 1030. Mr. DORGAN (for Mr. Bingaman) proposed an amendment to the 
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; as follows:

       On page 182, strike lines 20 through 25 and insert the 
     following:
       Sec. 110.(a)(1) For fiscal year 2006 and each succeeding 
     fiscal year, any funds made available by this Act for the 
     Southwest Indian Polytechnic Institute and Haskell Indian 
     Nations University for postsecondary programs of the Bureau 
     of Indian Affairs in excess of the amount made available for 
     those postsecondary programs for fiscal year 2005 shall be 
     allocated in direct proportion to the need of the schools, as 
     determined in accordance with the postsecondary funding 
     formula adopted by the Office of Indian Education Programs.
       (2) For fiscal year 2007 and each succeeding fiscal year, 
     the Bureau of Indian Affairs shall use the postsecondary 
     funding formula adopted by the Office of Indian Education 
     Programs based on the needs of the Southwest Indian 
     Polytechnic Institute and Haskell Indian Nations University 
     to justify the amounts submitted as part of the budget 
     request of the Department of the Interior.
       (b) Notwithstanding any other provision of law, $178,730 is 
     authorized to be appropriated for the Southwest Indian 
     Polytechnic Institute.
                                 ______
                                 
  SA 1031. Mr. DORGAN (for Mr. Bingaman) proposed an amendment to the 
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; as follows:

       On page 130, line 2, strike ``$1,000,000'' and insert 
     ``$1,250,000''.
       On page 138, line 7, strike ``$2,000,000'' and insert 
     ``$2,500,000''.
       On page 146, line 19, strike ``$1,937,000'' and insert 
     ``$2,500,000''.
       On page 211, line 25, strike ``$2,000,000'' and insert 
     ``$2,500,000''.
                                 ______
                                 
  SA 1032. Mr. DORGAN (for Mr. Durbin) proposed an amendment to the 
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; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. None of the funds made available by this Act may 
     be used in contravention of, or to delay the implementation 
     of, Executive Order No. 12898 of February 11, 1994 (59 Fed. 
     Reg. 7629; relating to Federal actions to address 
     environmental justice in minority populations and low-income 
     populations).
                                 ______
                                 
  SA 1033. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the 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; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. None of the funds made available to the Forest 
     Service under this Act shall be expended or obligated for the 
     demolition of buildings at the Zephyr Shoals property, Lake 
     Tahoe, Nevada.
                                 ______
                                 
  SA 1034. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the 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; which was ordered to 
lie on the table; as follows:

       On page 263, after line 25, add the following:

            TITLE VI--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Arabia Mountain National 
     Heritage Area Act''.

     SEC. 602. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The Arabia Mountain area contains a variety of natural, 
     cultural, historical, scenic, and recreational resources that 
     together represent distinctive aspects of the heritage of the 
     United States that are worthy of recognition, conservation, 
     interpretation, and continuing use.
       (2) The best methods for managing the resources of the 
     Arabia Mountain area would be through partnerships between 
     public and private entities that combine diverse resources 
     and active communities.
       (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre 
     park in DeKalb County, Georgia--
       (A) protects granite outcrop ecosystems, wetland, and pine 
     and oak forests; and
       (B) includes federally-protected plant species.
       (4) Panola Mountain, a national natural landmark, located 
     in the 860-acre Panola Mountain State Conservation Park, is a 
     rare example of a pristine granite outcrop.
       (5) The archaeological site at Miners Creek Preserve along 
     the South River contains documented evidence of early human 
     activity.
       (6) The city of Lithonia, Georgia, and related sites of 
     Arabia Mountain and Stone Mountain possess sites that display 
     the history of granite mining as an industry and culture in 
     Georgia, and the impact of that industry on the United 
     States.
       (7) The community of Klondike is eligible for designation 
     as a National Historic District.
       (8) The city of Lithonia has 2 structures listed on the 
     National Register of Historic Places.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To recognize, preserve, promote, interpret, and make 
     available for the benefit of the public the natural, 
     cultural, historical, scenic, and recreational resources in 
     the area that includes Arabia Mountain, Panola Mountain, 
     Miners Creek, and other significant sites and communities.
       (2) To assist the State of Georgia and the counties of 
     DeKalb, Rockdale, and Henry in the State in developing and 
     implementing an integrated cultural, historical, and land 
     resource management program to protect, enhance, and 
     interpret the significant resources within the heritage area.

     SEC. 603. DEFINITIONS.

       For the purposes of this title, the following definitions 
     apply:
       (1) Heritage area.--The term ``heritage area'' means the 
     Arabia Mountain National Heritage Area established by section 
     604.
       (2) Management entity.--The term ``management entity'' 
     means the Arabia Mountain Heritage Area Alliance or a 
     successor of the Arabia Mountain Heritage Area Alliance.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the heritage area developed under 
     section 606.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of Georgia.

[[Page S7441]]

     SEC. 604. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Arabia 
     Mountain National Heritage Area in the State.
       (b) Boundaries.--The heritage area shall consist of certain 
     parcels of land in the counties of DeKalb, Rockdale, and 
     Henry in the State, as generally depicted on the map entitled 
     ``Arabia Mountain National Heritage Area'', numbered AMNHA-
     80,000, and dated October 2003.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Management Entity.--The Arabia Mountain Heritage Area 
     Alliance shall be the management entity for the heritage 
     area.

     SEC. 605. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Authorities.--For purposes of developing and 
     implementing the management plan, the management entity may--
       (1) make grants to, and enter into cooperative agreements 
     with, the State, political subdivisions of the State, and 
     private organizations;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--
       (1) Management plan.--
       (A) In general.--The management entity shall develop and 
     submit to the Secretary the management plan.
       (B) Considerations.--In developing and implementing the 
     management plan, the management entity shall consider the 
     interests of diverse governmental, business, and nonprofit 
     groups within the heritage area.
       (2) Priorities.--The management entity shall give priority 
     to implementing actions described in the management plan, 
     including the following:
       (A) Assisting units of government and nonprofit 
     organizations in preserving resources within the heritage 
     area.
       (B) Encouraging local governments to adopt land use 
     policies consistent with the management of the heritage area 
     and the goals of the management plan.
       (3) Public meetings.--The management entity shall conduct 
     public meetings at least quarterly on the implementation of 
     the management plan.
       (4) Annual report.--For any year in which Federal funds 
     have been made available under this title, the management 
     entity shall submit to the Secretary an annual report that 
     describes the following:
       (A) The accomplishments of the management entity.
       (B) The expenses and income of the management entity.
       (5) Audit.--The management entity shall--
       (A) make available to the Secretary for audit all records 
     relating to the expenditure of Federal funds and any matching 
     funds; and
       (B) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available to the Secretary for 
     audit all records concerning the expenditure of those funds.
       (c) Use of Federal Funds.--
       (1) In general.--The management entity shall not use 
     Federal funds made available under this title to acquire real 
     property or an interest in real property.
       (2) Other sources.--Nothing in this title precludes the 
     management entity from using Federal funds made available 
     under other Federal laws for any purpose for which the funds 
     are authorized to be used.

     SEC. 606. MANAGEMENT PLAN.

       (a) In General.--The management entity shall develop a 
     management plan for the heritage area that incorporates an 
     integrated and cooperative approach to protect, interpret, 
     and enhance the natural, cultural, historical, scenic, and 
     recreational resources of the heritage area.
       (b) Basis.--The management plan shall be based on the 
     preferred concept in the document entitled ``Arabia Mountain 
     National Heritage Area Feasibility Study'', dated February 
     28, 2001.
       (c) Consideration of Other Plans and Actions.--The 
     management plan shall--
       (1) take into consideration State and local plans; and
       (2) involve residents, public agencies, and private 
     organizations in the heritage area.
       (d) Requirements.--The management plan shall include the 
     following:
       (1) An inventory of the resources in the heritage area, 
     including--
       (A) a list of property in the heritage area that--
       (i) relates to the purposes of the heritage area; and
       (ii) should be preserved, restored, managed, or maintained 
     because of the significance of the property; and
       (B) an assessment of cultural landscapes within the 
     heritage area.
       (2) Provisions for the protection, interpretation, and 
     enjoyment of the resources of the heritage area consistent 
     with the purposes of this title.
       (3) An interpretation plan for the heritage area.
       (4) A program for implementation of the management plan 
     that includes--
       (A) actions to be carried out by units of government, 
     private organizations, and public-private partnerships to 
     protect the resources of the heritage area; and
       (B) the identification of existing and potential sources of 
     funding for implementing the plan.
       (5) A description and evaluation of the management entity, 
     including the membership and organizational structure of the 
     management entity.
       (e) Submission to Secretary for Approval.--
       (1) In general.--Not later than 3 years after the date of 
     the enactment of this Act, the management entity shall submit 
     the management plan to the Secretary for approval.
       (2) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     paragraph (1), the Secretary shall not provide any additional 
     funding under this title until such date as a management plan 
     for the heritage area is submitted to the Secretary.
       (f) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after receiving the 
     management plan submitted under subsection (e), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (2) Action following disapproval.--
       (A) Revision.--If the Secretary disapproves a management 
     plan submitted under paragraph (1), the Secretary shall--
       (i) advise the management entity in writing of the reasons 
     for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) allow the management entity to submit to the 
     Secretary revisions to the management plan.
       (B) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (A)(iii), the Secretary shall approve or 
     disapprove the revision.
       (g) Revision of Management Plan.--
       (1) In general.--After approval by the Secretary of a 
     management plan, the management entity shall periodically--
       (A) review the management plan; and
       (B) submit to the Secretary, for review and approval by the 
     Secretary, the recommendations of the management entity for 
     any revisions to the management plan that the management 
     entity considers to be appropriate.
       (2) Expenditure of funds.--No funds made available under 
     this title shall be used to implement any revision proposed 
     by the management entity under paragraph (1)(B) until the 
     Secretary approves the revision.

     SEC. 607. TECHNICAL AND FINANCIAL ASSISTANCE.

       (a) In General.--At the request of the management entity, 
     the Secretary may provide technical and financial assistance 
     to the heritage area to develop and implement the management 
     plan.
       (b) Priority.--In providing assistance under subsection 
     (a), the Secretary shall give priority to actions that 
     facilitate--
       (1) the conservation of the significant natural, cultural, 
     historical, scenic, and recreational resources that support 
     the purposes of the heritage area; and
       (2) the provision of educational, interpretive, and 
     recreational opportunities that are consistent with the 
     resources and associated values of the heritage area.

     SEC. 608. EFFECT ON CERTAIN AUTHORITY.

       (a) Occupational, Safety, Conservation, and Environmental 
     Regulation.--Nothing in this title--
       (1) imposes an occupational, safety, conservation, or 
     environmental regulation on the heritage area that is more 
     stringent than the regulations that would be applicable to 
     the land described in section 604(b) but for the 
     establishment of the heritage area by section 604; or
       (2) authorizes a Federal agency to promulgate an 
     occupational, safety, conservation, or environmental 
     regulation for the heritage area that is more stringent than 
     the regulations applicable to the land described in section 
     604(b) as of the date of enactment of this Act, solely as a 
     result of the establishment of the heritage area by section 
     604.
       (b) Land Use Regulation.--Nothing in this title--
       (1) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     Act; or
       (2) grants powers of zoning or land use to the management 
     entity.

     SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $10,000,000, to remain available until 
     expended, of which not more than $1,000,000 may be used in 
     any fiscal year.
       (b) Federal Share.--The Federal share of the cost of any 
     project or activity carried out using funds made available 
     under this title shall not exceed 50 percent.

     SEC. 610. TERMINATION OF AUTHORITY.

       The authority of the Secretary to make any grant or provide 
     any assistance under this title shall terminate on September 
     30, 2016.
                                 ______
                                 
  SA 1035. Mr. DORGAN (for Mr. Wyden) proposed an amendment to the 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; as follows:

       On page 254, after line 25, add the following:

[[Page S7442]]

       Sec. 4___. Section 323(a) of the Department of the Interior 
     and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011 
     note; Public Law 105-277), is amended by striking ``fiscal 
     year 1999'' and all that follows through ``2005'' and 
     inserting ``for each of fiscal years 2006 through 2015''.
                                 ______
                                 
  SA 1036. Mr. DORGAN (for Mr. Reed) proposed an amendment to the 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; as follows:

       On page 198, lines 21 and 22, strike ``Notwithstanding 
     CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for fiscal 
     year 2006'' and insert the following: ``Notwithstanding 
     section 104(k)(4)(B)(i)(IV) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9604(k)(4)(B)(i)(IV)), beginning in fiscal 
     year 2006 and thereafter, appropriated funds ''
                                 ______
                                 
  SA 1037. Mr. DORGAN (for Mr. Reed) proposed an amendment to the 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; as follows:

       On page 200, between lines 2 and 3, insert the following:
       Beginning in fiscal year 2006 and thereafter, 
     notwithstanding any other provision of law, recipients of 
     grants provided under section 104(k) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9604(k)) may use the grant funds for 
     reasonable administrative expenses, as determined by the 
     Administrator of the Environmental Protection Agency.
                                 ______
                                 
  SA 1038. Mr. SALAZAR proposed an amendment to the 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; as follows:

       On page 171, line 13, strike ``$94,627,000'' and insert 
     ``$87,627,000''.
       On page 172, line 17, strike ``$235,000,000'' and insert 
     ``$242,000,000''.
                                 ______
                                 
  SA 1039. Mr. SALAZAR proposed an amendment to the 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; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. (a) Notwithstanding subsection (b)(3) of section 
     6 of the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-8), any user fees collected under that Act with 
     respect to recreational and related activities in a State 
     shall be paid to the State in which the fees were collected.
       (b) Amounts paid to a State under subsection (a) shall be 
     in addition to, and shall not reduce, the apportionment of 
     the collecting State under section 6(b) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)).
                                 ______
                                 
  SA 1040. Mr. BURNS (for Mr. Bond) proposed an amendment to the 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; as follows:

       On page 154, line 12, strike ``That'' and insert ``That 
     from the amount provided for the biological research 
     activity, $200,000 shall be made available to the University 
     of Missouri-Columbia to establish a wetland ecology center of 
     excellence: Provided further, That''.
                                 ______
                                 
  SA 1041. Mr. BURNS (for Mr. Craig) proposed an amendment to the 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; as follows:

       At the appropriate place, add the following: ``Provided 
     further, That, subject to valid existing rights, all land and 
     interests in land acquired in the Thunder Mountain area of 
     the Payette National Forest (including patented claims and 
     land that are encumbered by unpatented claims or previously 
     appropriated funds under this section, or otherwise 
     relinquished by a private party) are withdrawn from mineral 
     entry or appropriation under Federal mining laws, and from 
     leasing claims under Federal mineral and geothermal leasing 
     laws.''.
                                 ______
                                 
  SA 1042. Mr. WARNER (for Mr. Burns) proposed an amendment to the 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; as follows:

       On page 149, line 7, after ``acquisitions,'', insert the 
     following: ``of which $4,285,000 shall be made available for 
     the replacement of the main gate facility at the Filene 
     Center, Wolf Trap National Park for the Performing Arts, 
     Virginia,''.
                                 ______
                                 
  SA 1043. Mr. DORGAN (for Mr. Feingold) proposed an amendment to the 
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; as follows:

       On page 249, line 19, before the period, insert the 
     following: ``conducted in accordance with generally accepted 
     full cost accounting principles''.

       On page 250, between lines 23 and 24, insert the following:
       (e) Audit.--(1) In this subsection:
       (A) The term ``baseline organization'' means the 
     organization performing the work to be studied prior to 
     initiation of a competitive sourcing study under this 
     section.
       (B) The term ``new organization'' means the private 
     contractor, or the most efficient public agency, and 
     associated management and oversight functions used at the 
     conclusion of a competitive sourcing study under this 
     section.
       (2) Not later than 180 days after the date of enactment of 
     this Act, the Comptroller General of the United States shall 
     conduct an audit of the competitive sourcing program of the 
     Forest Service.
       (3) The audit shall include--
       (A) an analysis of the costs and benefits of the 
     competitive sourcing initiative conducted by the Forest 
     Service;
       (B) an analysis of existing procedures to track (in 
     accordance with full cost accounting principles) all costs 
     required to calculate accurate savings or losses attributable 
     to a competitive sourcing study, and recommendations on how 
     the existing procedures can be improved, including 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), including--
       (i) costs incurred by the Forest Service before initiation 
     of the competitive sourcing study in performing the work to 
     be studied with the baseline organization;
       (ii) costs of performing the competitive sourcing study, 
     including--
       (I) travel and per diem costs;
       (II) training and communications costs;
       (III) contractor costs; and
       (IV) the cost to the Federal Government of Federal 
     employees working on any aspect of the study or performing 
     any work necessitated by the study;
       (iii) costs of implementing the competitive sourcing study 
     results, including costs described in clause (ii) and costs 
     associated with buyouts, transfers of station, and reductions 
     in force;
       (iv) ongoing operational costs of performing the work with 
     the new organization employed as a result of competitive 
     sourcing study, including any modifications to the contract 
     or letter of obligation necessitated by omissions in the 
     statement of work of the solicitation;
       (v) costs associated with oversight and maintenance of the 
     contract or letter of obligation;
       (vi) savings realized or costs borne by the Forest Service 
     that are not included under clause (iv), including savings or 
     costs due to--
       (I) changes in the timeliness or quality of the work 
     provided by the new organization;
       (II) changes in procedures of the Forest Service 
     necessitated by the new organization;
       (III) the assignment to employees or contractors outside of 
     the new organization of duties previously performed by the 
     baseline organization; and
       (IV) changes in the availability of personnel to perform 
     high priority fire suppression or other emergency response 
     work on a collateral basis; and
       (vii) costs of maintaining and operating a competitive 
     sourcing infrastructure, including office, salary, 
     contractor, and travel costs associated with the Forest 
     Service Competitive Sourcing Office and the cost to the 
     Federal Government of Federal employees for the time for 
     which the employees are managing the program;
       (C) recommendations on what accounting practices should be 
     adopted by the Forest Service to improve accountability;
       (D) an evaluation of the comparative efficiencies of the 
     Forest Service competitive sourcing and business process 
     reengineering procedures; and
       (E) an analysis of--
       (i) the A-76 study that resulted in the information 
     services organization and the continuing Federal Government 
     activity;
       (ii) the A-76 study of Region 5 fleet maintenance work that 
     resulted in the transfer of work to Serco; and
       (iii) the financial management improvement project, 
     accomplished by means of business process reengineering.
                                 ______
                                 
  SA 1044. Mr. DORGAN (for Mr. Byrd) proposed an amendment to the 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; as follows:


[[Page S7443]]


       On page 139, line 5, before the period insert the 
     following: ``: Provided further, That of the total amounts 
     made available under this heading, $350,000 shall be made 
     available for the mussel program at the White Sulphur Springs 
     National Fish Hatchery''.
                                 ______
                                 
  SA 1045. Mr. DORGAN (for Mr. Conrad) proposed an amendment to the 
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; as follows:

       On page 195, line 7, after ``costs'', insert the following: 
     ``, of which $200,000 shall be made available for a 
     brownfields assessment of the Fortuna Radar Site''.
                                 ______
                                 
  SA 1046. Mr. DORGAN (for Mr. Sarbanes (for himself, Mr. Allen, Mr. 
Warner, and Ms. Mikulski)) proposed an amendment to the 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; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. Section 5(c) of the National Trails System Act 
     (16 U.S.C. 1244(c)) is amended by adding at the end the 
     following:
       ``(43)(A) The Captain John Smith Chesapeake National 
     Historic Watertrail, a series of routes extending 
     approximately 3000 miles along the Chesapeake Bay and the 
     tributaries of the Chesapeake Bay in the States of Virginia, 
     Maryland, Pennsylvania, and Delaware and the District of 
     Columbia that traces Captain John Smith's voyages charting 
     the land and waterways of the Chesapeake Bay and the 
     tributaries of the Chesapeake Bay.
       ``(B) The study shall be conducted in consultation with 
     Federal, State, regional, and local agencies and 
     representatives of the private sector, including the entities 
     responsible for administering--
       ``(i) the Chesapeake Bay Gateways and Watertrails Network 
     authorized under the Chesapeake Bay Initiative Act of 1998 
     (16 U.S.C. 461 note; Public Law 105-312); and
       ``(ii) the Chesapeake Bay Program authorized under section 
     117 of the Federal Water Pollution Control Act (33 U.S.C. 
     1267).''.
                                 ______
                                 
  SA 1047. Ms. COLLINS (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to the 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; which was ordered to lie on the table; as follows:

       On page 200, line 23, after ``Fund'', insert the following: 
     ``and of which $32,320,000 shall be made available for the 
     forest stewardship program (of which $5,000,000 shall be made 
     available for the Downeast Lakes Forestry Partnership, Maine, 
     including for the acquisition of land by the Partnership)''.
                                 ______
                                 
  SA 1048. Mr. SMITH submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Departments of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.   . BISCUIT FIRE RECOVERY PROJECT, REPORT.

       (a) Within 90 days of enactment of this Act, the Secretary 
     of Agriculture shall submit to Congress a report regarding 
     the rehabilitation of the Biscuit Fire area in southern 
     Oregon, including:
       (1) the change in reforestation capabilities and costs 
     between the date of the containment of the Biscuit Fire and 
     the completion of the Biscuit Fire Recovery Project, as 
     detailed in the Record of Decision;
       (2) the commercial value lost, as well as recovered, of 
     fire-killed timber within the Biscuit Fire area; and
       (3) all actions included in the Record of Decision for the 
     Biscuit Fire Recovery Project, but forgone because of delay 
     or funding shortfall.
                                 ______
                                 
  SA 1049. Mr. KYL proposed an amendment to the 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; as follows:

       On page 195, line 9, after the semicolon, insert the 
     following: ``$500,000 shall be for debt retirement for the 
     State Water Pollution Control Revolving Fund for the 
     wastewater treatment plant in Safford, Arizona; $3,000,000 
     shall be for the expansion of the wastewater treatment plant 
     in Lake Havasu City, Arizona; $1,000,000 shall be for the 
     expansion of the wastewater treatment plant in Avondale, 
     Arizona;''.
                                 ______
                                 
  SA 1050. Mr. KYL proposed an amendment to the 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; as follows:

       On page 254, after line 25, add the following:
       Sec. 4___. Section 604 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1384) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Definitions.--In this subsection:
       ``(1) Needs survey.--The term `needs survey' means a need 
     survey under section 516(2).
       ``(2) Needs survey percentage.--The term `needs survey 
     percentage', with respect to a State, means the percentage 
     applicable to the State under a formula for the allotment of 
     funds made available to carry out this section for a fiscal 
     year to States in amounts determined by the Administrator, 
     based on the ratio that--
       ``(A) the needs of a State described in categories I 
     through VII of the most recent needs survey; bears to
       ``(B) the needs of all States described in categories I 
     through VII of the most recent needs survey.
       ``(3) State.--The term `State' means--
       ``(A) a State;
       ``(B) the District of Columbia; and
       ``(C) the Commonwealth of Puerto Rico.
       ``(b) Allocations.--
       ``(1) In general.--Funds made available to carry out this 
     section for a fiscal year shall be allocated by the 
     Administrator in accordance with this subsection.
       ``(2) Indian tribes.--Of the total amount of funds 
     available for a fiscal year, the Administrator shall reserve, 
     before making allotments to States under paragraph (4), not 
     less than 1.5 percent of the funds to be allocated to Indian 
     tribes (within the meaning of section 518(c)).
       ``(3) Certain territories and freely associated states.--Of 
     the total amount of funds made available for a fiscal year, 
     0.25 percent shall be allocated to and among, as determined 
     by the Administrator--
       ``(A) Guam;
       ``(B) American Samoa;
       ``(C) the Commonwealth of the Northern Mariana Islands;
       ``(D) the Federated States of Micronesia;
       ``(E) the Republic of the Marshall Islands;
       ``(F) the Republic of Palau; and
       ``(G) the United States Virgin Islands.
       ``(4) States.--
       ``(A) Target allocation.--Each State shall have a target 
     allocation for a fiscal year, which--
       ``(i) in the case of a State for which the needs survey 
     percentage is less than 1.0 percent, shall be 1.0 percent; 
     and
       ``(ii) in the case of any other State, shall be the most 
     recent needs survey percentage.
       ``(B) Unallocated balance.--Any unallocated balance of 
     available funds shall be allocated in equal parts to all 
     States that, in the most recent needs survey, report higher 
     total needs both in absolute dollar terms and as a percentage 
     of total United States needs.''.
                                 ______
                                 
  SA 1051. Mr. KYL (for Mr. Inhofe) proposed an amendment, to the bill 
H.R. 2361, making appropriations for the Department of the Interior, 
environment, and related agencies for the fiscal year end September 30, 
2006, and for other purposes; as follows:

       On page 200, after line 2, the following:

     SEC.   .

       None of the funds made available by this Act may be used by 
     the Administrator of the Environmental Protection Agency to 
     award assistance agreements to national organizations that 
     represent the interests of State, tribal, and local 
     governments unless the award is subject to open competition.
                                 ______
                                 
  SA 1052. Mr. BYRD (for Mrs. Murray (for herself, Mr. Byrd, Mrs. 
Feinstein, Mr. Kerry, Mr. Akaka, and Durbin)) proposed an amendment to 
the 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; as follows:



 =========================== NOTE =========================== 

  
  On page S7443, June 27, 2005, prior to ``TEXT OF AMENDMENTS'', 
the following sentence appeared: SA 1052. Mr. BYRD (for Mrs. 
MURRAY (for herself, Mr. Mr. Byrd, Mrs. Feinstein, and Mr. 
Akaka)).
  
  The online version has been corrected to read: SA 1052. Mr. BYRD 
(for Mrs. MURRAY (for herself, Mr. Byrd, Mrs. Feinstein, Mr. 
Kerry, Mr. Akaka, and Durbin)).


 ========================= END NOTE ========================= 

       On page 254, after line 25, add the following:
       Sec. 429.(a) From any money in the Treasury not otherwise 
     obligated or appropriated, there are appropriated to the 
     Department of Veterans Affairs $1,420,000,000 for the fiscal 
     year ending September 30, 2005, for medical services provided 
     by the Veterans Health Administration, of which $420,000,000 
     shall be divided evenly between the Veterans Integrated 
     Service Networks.
       (b) The amount appropriated under subsection (a)--
       (1) is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress); and
       (2) shall remain available until expended.
       (c) This section shall take effect on the date of enactment 
     of this Act.
                                 ______
                                 
  SA 1053. Mr. BYRD (for himself and Mr. Cochran) proposed an amendment 
to the 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; as follows:


[[Page S7444]]


       On page 189, after line 20, add the following:
       Sec. 128. (a) For necessary expenses for the Memorial to 
     Martin Luther King, Jr., there is hereby made available to 
     the Secretary of the Interior $10,000,000, to remain 
     available until expended, for activities authorized by 
     section 508 of the Omnibus Parks and Public Lands Management 
     Act of 1996 (40 U.S.C. 8903 note; Public Law 104-333).
       (b) Section 508(c) of the Omnibus Parks and Public Lands 
     Management Act of 1996 (40 U.S.C. 8903 note; Public Law 104-
     333) is amended by striking the second sentence.
       (c) Notwithstanding any other provision of this Act, the 
     amount reduced in Title I in the second proviso under the 
     heading Departmental Management, Salaries and Expenses, is 
     further reduced by $10,000,000.
                                 ______
                                 
  SA 1054. Mr. DORGAN (for Mr. Bingaman) proposed an amendment to the 
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; as follows:

       On page 130, line 2, strike ``$1,000,000'' and insert 
     ``$1,250,000''.
       On page 138, line 7, strike ``$2,000,000'' and insert 
     ``$2,500,000''.
       On page 146, line 19, strike ``$1,937,000'' and insert 
     ``$2,500,000''.
       On page 211, line 25, strike ``$2,000,000'' and insert 
     ``$2,500,000''.
                                 ______
                                 
  SA 1055. Mr. DORGAN (for Mr. Bingaman) proposed an amendment to the 
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; as follows:

       On page 250, between lines 23 and 24, insert the following:
       (e) In carrying out any competitive sourcing study 
     involving Forest Service employees, the Secretary of 
     Agriculture shall--
       (1) determine whether any of the employees concerned are 
     also qualified to participate in wildland fire management 
     activities; and
       (2) take into consideration and document the effect that 
     contracting with a private sector source would have on the 
     ability of the Forest Service to effectively and efficiently 
     fight and manage wildfires.
                                 ______
                                 
  SA 1056. Mr. DORGAN (for Mr. Bingaman) proposed an amendment to the 
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; as follows:

       Beginning on page 255, strike line 1 and all that follows 
     through page 263, line 22.
                                 ______
                                 
  SA 1057. Mr. DORGAN (for Mr. Bingaman) proposed an amendment to the 
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; as follows:

       Beginning on page 255, strike line 1 and all that follows 
     through page 263, line 22, and insert the following:
       Sec. 4___. 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 sites'' and 
     inserting ``60 sites'';
       (2) in subsection (c), by striking ``13 sites'' and 
     inserting ``25 sites''; and
       (3) in subsection (d), by striking ``2008'' and inserting 
     ``2009''.
                                 ______
                                 
  SA 1058. Mr. DORGAN (for Mr. Bingaman) proposed an amendment to the 
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; as follows:

       Beginning on page 255, strike line 1 and all that follows 
     through page 263, line 25, and insert the following:

       TITLE V--FACILITY REALIGNMENT AND ENHANCEMENT ACT OF 2005

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Forest Service Facility 
     Realignment and Enhancement Act of 2005''.

     SEC. 502. DEFINITIONS.

       In this title:
       (1) Administrative site.--
       (A) In general.--The term ``administrative site'' means--
       (i) any facility or improvement, including curtilage that 
     was acquired or is used specifically for purposes of 
     administration of the National Forest System; and
       (ii) any associated Federal land necessary to include for 
     efficient administration of the National Forest System that 
     was acquired or is utilized specifically for purposes of 
     administration of Forest Service activities and underlies or 
     abuts an administrative facility, improvement, or curtilage; 
     or
       (iii) up to 10 isolated parcels of not more than 80 acres 
     which were acquired for administrative purposes but have not 
     been utilized, such as vacant town lots outside of a National 
     Forest proclaimed boundary.
       (B) Inclusions.--The term ``administrative site'' 
     includes--
       (i) a forest headquarters;
       (ii) a ranger station;
       (iii) a research station or laboratory;
       (iv) a dwelling;
       (v) a warehouse;
       (vi) a scaling station;
       (vii) a fire-retardant mixing station;
       (viii) a lookout;
       (ix) a visitor center;
       (x) a guard station;
       (xi) a storage facility;
       (xii) a telecommunication facility; and
       (xiii) other administrative installations for conducting 
     Forest Service activities.
       (C) Exclusions.--Federal land to be conveyed under this Act 
     shall not include--
       (i) any area within a unit of the National Forest System 
     specifically designated for resource protection, 
     conservation, or recreational purposes, including land within 
     the National Wilderness Preservation System, the Wild and 
     Scenic River System, and National Monuments; or
       (ii) land that is needed for resource management purposes 
     or that would be in the public interest to retain.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the General Services Administration.
       (3) Market analysis.--The term ``market analysis'' means 
     the identification and study of the real estate market for a 
     particular economic good or service.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 503. AUTHORIZATION OF CONVEYANCES.

       (a) In General.--For fiscal years 2006-2009, the Secretary 
     may convey, by sale, lease, exchange, a combination of sales 
     and exchanges, or by other means, any administrative site or 
     interest in an administrative site that is--
       (1) except for those administrative sites described in 
     section 502(1)(A)(iii), less than 40 acres for each 
     administrative site or compound of administrative sites; and
       (2) under the jurisdiction of the Secretary.
       (b) Lead-Based Paint and Asbestos Abatement.--
       (1) In general.--Notwithstanding any other provisions of 
     law, in any conveyance under subsection (a), the Secretary 
     shall not be required to mitigate or abate lead-based paint 
     or asbestos-containing building materials with respect to the 
     administrative site conveyed.
       (2) Notice.--Notwithstanding paragraph (1), if the 
     administrative site being conveyed has lead-based paint or 
     asbestos-containing building materials, the Secretary shall--
       (A) provide to the person acquiring the administrative site 
     notice of the presence of lead-based paint or asbestos-
     containing material; and
       (B) obtain from the person acquiring the administrative 
     site a written assurance that the person will comply with 
     applicable Federal, State, and local laws relating to the 
     management of the lead-based paint or asbestos-containing 
     materials.
       (c) Federal Property and Administrative Services.--A 
     conveyance under this section shall not be subject to 
     subchapter I of chapter 5, title 40, United States Code.
       (d) Notice to Congress.--At least once a year, the 
     Secretary shall submit to the Committee on Appropriations and 
     the Committee on Resources of the House of Representatives 
     and the Committee on Appropriations and the Committee on 
     Energy and Natural Resources of the Senate notice of any 
     conveyances under this section.
       (e) Environmental Review.--In any environmental review or 
     analysis required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) for the disposal of an 
     administrative site under this section, the Secretary shall 
     only consider or analyze the most reasonably foreseeable use 
     of the administrative site as determined through a market 
     analysis and whether to reserve any right, title, or interest 
     in the administrative site under subsection (f)(3).
       (f) Configuration of Land.--
       (1) In general.--To facilitate a conveyance under this 
     section, the Secretary may configure the administrative site 
     to be conveyed to--
       (A) maximize the marketability of the administrative site; 
     and
       (B) achieve management objectives.
       (2) Improvements.--Improvements to the administrative site 
     to be conveyed may be severed from the land and disposed of 
     in separate conveyances.
       (3) Reservation.--In any disposition of an administrative 
     site under this section, the Secretary may reserve any right, 
     title, and interest in and to the administrative site that 
     the Secretary determines to be necessary, including--
       (A) a reservation of water rights;
       (B) a right-of-way; and
       (C) a utility easement.
       (g) Consideration.--
       (1) Amount.--In consideration for a conveyance authorized 
     under subsection (a), the purchaser shall pay to the 
     Secretary the amount that is equal to the fair market value 
     of the administrative site conveyed, as provided in paragraph 
     (3).
       (2) Appraisal.--The Secretary shall determine fair market 
     value by--
       (A) conducting an appraisal that is performed in accordance 
     with the Uniform Appraisal Standards for Federal Land 
     Acquisitions and the Uniform Standards of Professional 
     Appraisal practice; or
       (B) competitive sale.
       (3) Form.--

[[Page S7445]]

       (A) Sale.--Consideration for a sale under this section 
     shall be paid in cash on conveyance of the administrative 
     site.
       (B) Exchange.--
       (i) Equal in value.--Consideration for an exchange of land 
     or an improvement to land under this section shall be in the 
     form of a conveyance of land or improvement that is equal in 
     value to the administrative site conveyed.
       (ii) Not equal in value.--If the values of land or 
     improvements to be exchanged under this Act and described in 
     clause (i) are not equal, the values may be equalized by--

       (I) the Secretary making a cash payment to the purchaser;
       (II) the purchaser making a cash equalization payment to 
     the Secretary; or
       (III) reducing the value of the administrative site or the 
     non-Federal land or improvements, as appropriate.

       (h) Rejection of Offers.--The Secretary shall reject any 
     offer made under this section if the Secretary determines 
     that the offer is not--
       (1) adequate to provide market value under subsection 
     (g)(1); or
       (2) in the public interest.
       (i) Brokerage Services.--The Secretary may use the proceeds 
     of sales or exchanges under this section to pay reasonable 
     commissions or fees for brokerage services if the Secretary 
     determines that the services are in the public interest.
       (j) Disposition of Proceeds.--
       (1) In general.--After deducting any costs of the Secretary 
     relating to a conveyance, the Secretary shall deposit the 
     proceeds from the conveyance in the fund established under 
     Public Law 90-171 (commonly known as the ``Sisk Act'') (16 
     U.S.C. 484a).
       (2) Use.--Amounts deposited under paragraph (1) shall 
     remain available to the Secretary until expended, without 
     further appropriation, to pay any necessary and incidental 
     costs of the Secretary for the acquisition, improvement, 
     deferred maintenance, construction of new facilities; and 
     disposition of administrative sites and capital improvements 
     on National Forest System land.
       (k) Consultation With Administrator.--As appropriate, the 
     Secretary is encouraged to work with the Administrator with 
     respect to the conveyance of administrative sites.

     SEC. 504. WORKING CAPITAL FUND.

       (a) In General.--Section 13 of the Department of 
     Agriculture Organic Act of 1956 (16 U.S.C. 579b) is amended 
     to read as follows:

     ``SEC. 13. WORKING CAPITAL FUND.

       ``(a) Establishment.--There is established a working 
     capital fund (referred to in this section as the `Fund'), 
     which shall be available without fiscal year limitation.
       ``(b) Use.--Amounts in the Fund shall be used to pay the 
     costs of purchasing, constructing, performing capital repairs 
     on, renovating, rehabilitating, disposing, or replacing 
     buildings and to carry out deferred maintenance and 
     improvements to land for programs of the Forest Service, 
     subject to any limitations in appropriations for the Forest 
     Service.
       ``(c) Transfer and Capitalization.--The Secretary of 
     Agriculture (referred to in this section as the `Secretary') 
     may--
       ``(1) transfer to the Fund, without reimbursement, and 
     capitalize in the Fund at fair and reasonable values, any 
     receivables, inventories, equipment, buildings, improvements, 
     and other assets as the Secretary determines to be 
     appropriate; and
       ``(2) assume the liabilities associated with the assets 
     transferred under paragraph (1).
       ``(d) Advance Payments.--The fund shall be credited with 
     advance payments in connection with firm orders and 
     reimbursements from appropriations and funds of the Forest 
     Service, other departmental and Federal agencies, and from 
     other sources, as authorized by law, at rates approximately 
     equal to the cost of furnishing the facilities and 
     service.''.
       (b) Savings Clause.--The amendment made by subsection (a) 
     shall not affect the status of funds and assets in the 
     working capital fund established by section 13 of the 
     Department of Agriculture Organic Act of 1956 (16 U.S.C. 
     579b) as in effect on the date of enactment of this section.
                                 ______
                                 
  SA 1059. Mr. DORGAN proposed an amendment to the 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; as follows:

     SEC.   . FAMILY TRAVEL TO CUBA IN HUMANITARIAN CIRCUMSTANCES.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of the Treasury shall issue a general 
     license for travel to, from, or within Cuba to any person 
     subject to the jurisdiction of the United States (and any 
     member of the person's immediate family) for the purpose of 
     visiting a member of the person's immediate family for 
     humanitarian reasons.
       (b) Definitions.--In this section:
       (1) Member of the person's immediate family.--The term 
     ``member of the person's immediate family'' means--
       (A) the person's spouse, child, grandchild, parent, 
     grandparent, great-grandparent, uncle, aunt, brother, sister, 
     nephew, niece, first cousin, mother-in-law, father-in-law, 
     son-in-law, daughter-in-law, sister-in-law, or brother-in-
     law; or
       (B) the spouse, widow, or widower of any relative described 
     in subparagraph (A).
       (2) Humanitarian reasons.--The term ``humanitarian 
     reasons'' means--
       (A) to visit or care for a member of the person's immediate 
     family who is seriously ill, injured, or dying;
       (B) to make funeral or burial arrangements for a member of 
     the person's immediate family;
       (C) to attend religious services related to a funeral or a 
     burial of, a member of the person's immediate family.
                                 ______
                                 
  SA 1060. Mr. DORGAN (for Ms. Landrieu) proposed an amendment to the 
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; as follows:

       Page 147, line 25 strike ``$72,500,000'' and insert 
     ``$67,000,000''.
       Page 148, line 1 after 2007, insert ``of which $3,500,000 
     is for Historically Black Colleges and Universities.''
       Page 172 line 4 strike ``$10,000,000'' and insert 
     ``$13,500,000''.
                                 ______
                                 
  SA 1061. Mr. DORGAN (for Mr. Obama) proposed an amendment to the 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; as follows:

       At the appropriate place insert:
       Sec.  . None of the funds made available in this Act may be 
     used in contravention of 15 U.S.C. Sec. 2682(c)(3) or to 
     delay the implementation of that section.
                                 ______
                                 
  SA 1062. Mr. DORGAN (for Mr. Obama) proposed an amendment to the 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; as follows:

       At the appropriate place insert:
       Provided, That of the funds made available under the 
     heading ``Environmental Programs and Management,'' not less 
     than $100,000 shall be made available to issue the proposed 
     rule required under 15 U.S.C. Sec. 2682(c)(3) by November 1, 
     2005, and promulgate the final rule required under 15 U.S.C. 
     Sec. 2682(c)(3) by September 30, 2006.
                                 ______
                                 
  SA 1063. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the 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; which was ordered to 
lie on the table; as follows:

       On page 150, line 22, strike ``$86,005,000'' and insert 
     ``$85,655,000''.
       On page 254, after line 25, add the following:
       Sec. 4___. The Secretary shall use $350,000 to fund phase 
     II improvements to the wastewater treatment plant in 
     Moultrie, Georgia.
                                 ______
                                 
  SA 1064. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the 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; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:
       Sec. 4___. Beginning in fiscal year 2006 and thereafter, 
     the Secretary of Interior or the Secretary of Agriculture 
     shall not use any Federal funds for the purpose of imposing, 
     or considering the imposition of, requirements to restrict or 
     limit the diversion, storage, transportation, or use of water 
     under vested water rights that are--
       (1) recognized under Colorado law; and
       (2) associated with a facility that is--
       (A) in existence on the date of enactment of this Act; and
       (B) used for the diversion, storage, transportation, or use 
     of water that is located in whole or in part on Federal land 
     under the jurisdiction of the Secretary of the Interior or 
     the Secretary of Agriculture.

                          ____________________