[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[House]
[Pages 12530-12565]
[From the U.S. Government Publishing Office, www.gpo.gov]




  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2005

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

                              {time}  1539


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 4568) making appropriations for the Department of the Interior 
and related agencies for the fiscal year ending September 30, 2005, and 
for other purposes, with Mr. Isakson (Chairman pro tempore) in the 
chair.
  The Clerk read the title of the bill.
  The CHAIRMAN pro tempore. Pursuant to the rule, the bill is 
considered as having been read the first time.
  Under the rule, the gentleman from North Carolina (Mr. Taylor) and 
the gentleman from Washington (Mr. Dicks) each will control 30 minutes.

[[Page 12531]]

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

                              {time}  1545

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

[[Page 12532]]

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

[[Page 12533]]

funding for the programs. The committee stuck to that for 2 years. Last 
year they walked away from it. This year they are walking away from it 
again. That means that this bill funds at an $831 million level 
programs that were scheduled to be at the $1.6 billion level.
  We can argue about whether or not those programs are advisable, but I 
come from the old-fashioned view that if a committee makes a 
commitment, it has an obligation to stick to it. I stick to mine, and I 
expect people who make agreements with me to keep those commitments. I 
feel that the majority party did not keep that commitment; and so I, in 
protest, am intending to vote ``no.''
  Let me say there are some good things in this bill, and I appreciate 
the fact that the chairman has tried to work out a number of issues 
most rationally. But I really believe that to be involved in a 
theological debate on land acquisition that prevents us from protecting 
some of the most precious and pristine areas in this country before 
they are overcome by development is a price that is too high to pay for 
running this Congress on the basis of ideology rather than evidence, 
and so I regretfully will be opposing the bill.
  Mr. FALEOMAVAEGA. Mr. Chairman, I rise today in support of H.R. 4568, 
the FY05 Interior Appropriations Bill. This bill is of critical 
importance to the insular areas and I thank my colleagues for their 
continued support of my efforts to keep in place government operations 
and capital improvement funding for American Samoa.
  The United States territory of American Samoa lies 2,300 miles 
southwest of Hawaii, covers a land area of 76 square miles, has a 
population of less than 70,000, and a per capita income of $4,300 per 
year. Due to scarcity of land, labor and capital, economic growth and 
development in American Samoa has been limited.
  In fact, more than 80 percent of American Samoa's economy is 
dependent either directly or indirectly on two United States tuna 
canneries which employ more than 5,150 people or 74 percent of the 
workforce. A decrease in production or departure of one or both of the 
two canneries in American Samoa could devastate the local economy 
resulting in massive layoffs and insurmountable financial difficulties.
  To protect American Samoa's present economy and to encourage and 
foster other investment and development in the Territory, I believe it 
is necessary to keep in place American Samoa's annual funding. I also 
believe it is important to increase our funding and I will continue to 
work with our friends in the House and Senate to make sure that the 
needs of American Samoa are addressed at a time when our nation is not 
faced with budget constraints brought on by the high costs of war.
  For educational purposes, I will work to set aside funds on a per 
annum basis for sports and recreational programs for 6 high schools and 
23 elementary and middle schools in American Samoa. For purposes of 
diversifying our economy, I will also work to set aside finds for the 
development of a high tech, e-commerce initiative. For purposes of 
improving health care and education, I am working to increase funding 
for ASG operations and capital improvement projects.
  American Samoa has 23 elementary and middle schools, 6 public high 
schools and 4 private high schools. More than 80 percent of these 
schools do not have adequate playgrounds, gyms or sports equipment. Yet 
American Samoa's prominence in college and NFL programs has caught the 
attention of Sports Illustrated which featured an article on our youth 
in its November 3, 2003 issue.
  With a per capita income of less than $4,500 per year and a single-
industry economy based almost solely on the U.S. tuna fishing and 
processing industries, sports scholarships are one of the few 
opportunities Samoan youth have to finance higher education. A set 
aside of $500,000 on a per annum basis for sports and recreation 
programs will not only increase scholarship opportunities but will also 
put in place necessary health and wellness programs that are currently 
lacking in our schools.
  I believe this is a worthy cause, a cause to which all students, 
including ones in American Samoa are entitled. As such, I will pursue 
this matter until it has the full support of the House and Senate.
  For some time, I have been working with the American Samoa 
Government, including our present Governor, the Honorable Togiola 
Tulafono, on establishing e-commerce in the Territory. Initially, the 
Department of the Interior was supportive of this effort and provided 
technical assistance funding for a feasibility study.
  One of the most important initiatives of this project is to create an 
e-commerce development center. Last year, I was able to include 
$500,000 in the Labor, Health and Education Appropriations bill to fund 
a computer lab at the American Samoa Community College. This lab will 
provide the basis of our e-commerce initiative.
  The Governor is now looking at the possibility of establishing a non-
profit e-CDC Cooperative Cooperation and together we are seeking 
funding for an e-CDC center that would house a technology training 
center at the American Samoa Community College. Focus would be placed 
on data entry work and software development for Pacific Island nations. 
The facility would also house a business development center to 
encourage small business start-ups.
  Given that the two largest employers in American Samoa are the tuna 
canneries and the U.S. federal government, I support the development of 
e-commerce in the Territory and I am asking that $500,000 be set aside 
on a per annum basis to help American Samoa diversify its economy.
  As I mentioned earlier, I appreciate the support of my friends in the 
House in working with me to keep American Samoa's government operations 
and capital improvement project funding in place. While I understand 
that it is difficult to increase funding when our nation is at war, I 
would also like to note that American Samoa's population has increased 
by 22 percent in the past ten years. To address necessary issues of 
public health and safety, I am hopeful that in the near future we will 
be able to increase American Samoa's annual appropriations and, at this 
time, I join with my colleagues in support of H.R. 4568.
  Mrs. MALONEY. Mr. Chairman, I rise today in strong support of the 
Slaughter-Shays-Dicks-Leach Amendment, which would provide a modest--
but much needed--increase in funding for the National Endowment for the 
Arts and the National Endowment for the Humanities.
  This additional $10 million dollars for the NEA and $3.5 million 
dollars for the NEH would help expose our children to American art, 
history and culture. In addition to the enjoyment and life-enrichment 
that each participant in the arts experiences, the involvement of 
children in the arts has been shown to improve reading and language 
development, mathematics skills, fundamental cognitive skills, 
motivation to learn, and social behavior.
  The Arts and Humanities not only enhance the lives of our children--
they also keep our economy strong. Every year, the nonprofit arts 
industry creates $134 billion dollars in economic activity, generating 
$22.4 billion dollars in tax revenue for our local, state and federal 
governments, and supporting nearly 5 million full-time jobs all across 
our country.
  In my district alone, over 130,000 people are employed by the 
museums, theaters, art galleries and other art organizations that I am 
proud to represent. For my constituents, and for all Americans, the 
arts mean business.
  Because such a modest increase in funding would bring the arts and 
jobs to so many people, I support the Slaughter-Shays-Dicks-Leach 
amendment, and I urge my colleagues to do the same.
  Mr. NUSSLE. Mr. Chairman, I rise to speak on H.R. 4568, the Interior 
and Related Agencies Appropriations Bill for fiscal year 2005.
  H.R. 4568 provides $20.0 billion in budget authority and $20.2 
billion in outlays--an increase of $78 million in BA and $629 million 
in outlays from fiscal year 2004.
  As Chairman of the House Budget Committee, I am pleased to report 
that the bill is generally consistent with the Conference Report on the 
Concurrent Resolution on the Budget for fiscal year 2005 (H. Con. Res. 
95) which recently passed the full House but has yet to pass the 
Senate. The bill comes in at its 302(b) allocation for fiscal year 2005 
and therefore complies with section 302(f) of the budget resolution, 
which limits appropriations measures to the allocation of the reporting 
subcommittee.
  A very important component of this bill is the funding for 
suppression of wildfires. In addition to fully funding wildland fire 
suppression activities at their ten-year average, H.R. 4568 provides an 
additional $500 million for fire suppression within the Forest Service 
and the Department of Interior in both fiscal years 2004 and 2005. I am 
authorized by the budget resolution to increase the allocation of the 
Appropriations Committee to accommodate this additional spending 
because the bill fully funds the wildfire suppression accounts. 
However, the appropriations for fiscal year 2004 does exceed the 
allocation in that year because of a slight breach in its allocation 
resulting from legislation enacted late last session.

[[Page 12534]]

  H.R. 4568 contains no rescissions but does include an advance 
appropriation of $36 million for payments under the Elk Hills School 
lands fund settlement agreement. The advance appropriation is included 
in the list of anticipated advance appropriations under section 401 of 
the Budget Resolution.
  Let me conclude by commending Chairman Taylor and Ranking Member 
Dicks for a job well done in prioritizing the programs within their 
jurisdiction and coming to the floor with a bill that complies with 
this year's budget resolution.
  Mr. LARSON of Connecticut. Mr. Chairman, as the Ranking Minority 
Member of the House Administration Committee, which has legislative and 
oversight jurisdiction over the Smithsonian Institution, I rise today 
to note that the Appropriations Committee has approved $628 million for 
the Smithsonian in Fiscal Year 2005. This represents an increase of $23 
million over Fiscal Year 2004 and a cut of $8.2 million from the 
Administration's FY 2005 request. The cut was not unexpected given the 
current budget deficit and the chaos surrounding the Congressional 
budget process in the absence of a concurrent resolution on the budget 
for FY 2005.
  The $8.2 million cut came from a variety of sources, not enough to 
cause significant damage to any vital program or function this year, 
and some of the reductions can be made up for in the future. I 
especially hope that additional funds can be found next year for 
improving the facilities and maintenance at the National Zoo, which has 
been the subject of major controversy in hearings before the House 
Administration Committee during this Congress, and which will likely be 
addressed by the National Academy of Sciences when it issues its final 
report, requested by our Committee, on the operation of the Zoo later 
this summer.
  The Smithsonian Institution has a maintenance backlog of $1.5 billion 
throughout all of its facilities. When some structures are in a state 
of such disrepair that they pose a danger to the public and to the 
staff, as well as, in the case of the National Zoo, to the animals; we 
have to be prepared to act eventually to address the big picture. I 
hope that the time will come sooner rather than later for us to provide 
this critical funding for the Zoo. Although I am pleased that this bill 
provides the minimum amount of funding for the Smithsonian, I hope that 
in the future we can do more to support the museums which benefit so 
many of our citizens and the critical scientific research the 
Smithsonian conducts which is so important to our understanding of 
ourselves, our planet, and our universe.
  Mr. DICKS. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. Isakson). All time for general debate 
having been yielded, pursuant to the rule, the bill shall be considered 
for amendment under the 5-minute rule.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment that he has 
printed in the designated place in the Congressional Record. Those 
amendments will be considered read.
  The Clerk will read.
  The Clerk read as follows:

                               H.R. 4568

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the Department of 
     the Interior and related agencies for the fiscal year ending 
     September 30, 2005, and for other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of land management


                   Management of Lands and Resources

       For necessary expenses for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     $840,401,000, to remain available until expended, of which 
     $1,000,000 is for high priority projects, to be carried out 
     by the Youth Conservation Corps; $2,232,000 is for assessment 
     of the mineral potential of public lands in Alaska pursuant 
     to section 1010 of Public Law 96-487; (16 U.S.C. 3150); and 
     of which not to exceed $1,000,000 shall be derived from the 
     special receipt account established by the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)); 
     and of which $3,500,000 shall be available in fiscal year 
     2005 subject to a match by at least an equal amount by the 
     National Fish and Wildlife Foundation for cost-shared 
     projects supporting conservation of Bureau lands; and such 
     funds shall be advanced to the Foundation as a lump sum grant 
     without regard to when expenses are incurred.
       In addition, $32,696,000 is for Mining Law Administration 
     program operations, including the cost of administering the 
     mining claim fee program; to remain available until expended, 
     to be reduced by amounts collected by the Bureau and credited 
     to this appropriation from annual mining claim fees so as to 
     result in a final appropriation estimated at not more than 
     $840,401,000, and $2,000,000, to remain available until 
     expended, from communication site rental fees established by 
     the Bureau for the cost of administering communication site 
     activities: Provided, That appropriations herein made shall 
     not be available for the destruction of healthy, unadopted, 
     wild horses and burros in the care of the Bureau or its 
     contractors.


                        Wildland Fire Management

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


                    Central Hazardous Materials Fund

       For necessary expenses of the Department of the Interior 
     and any of its component offices and bureaus for the remedial 
     action, including associated activities, of hazardous waste 
     substances, pollutants, or contaminants pursuant to the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act, as amended (42 U.S.C. 9601 et seq.), 
     $9,855,000, to remain available until expended: Provided, 
     That notwithstanding 31 U.S.C. 3302, sums recovered from or 
     paid by

[[Page 12535]]

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


                              Construction

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


                            Land Acquisition

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


                   Oregon and California Grant Lands

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


               forest ecosystems health and recovery fund

                   (REVOLVING FUND, SPECIAL ACCOUNT)

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


                           Range Improvements

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


               Service Charges, Deposits, and Forfeitures

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


                       Miscellaneous Trust Funds

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


                       ADMINISTRATIVE PROVISIONS

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

                United States Fish and Wildlife Service


                          Resource Management

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


                              Construction

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


                            land acquisition

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


                      landowner incentive program

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $15,000,000, to be derived from the Land and Water 
     Conservation Fund, and to remain available until expended: 
     Provided, That the amount provided herein is for a Landowner 
     Incentive Program established by the Secretary that provides 
     matching, competitively awarded grants to

[[Page 12536]]

     States, the District of Columbia, federally recognized Indian 
     tribes, Puerto Rico, Guam, the United States Virgin Islands, 
     the Northern Mariana Islands, and American Samoa, to 
     establish or supplement existing landowner incentive programs 
     that provide technical and financial assistance, including 
     habitat protection and restoration, to private landowners for 
     the protection and management of habitat to benefit federally 
     listed, proposed, candidate, or other at-risk species on 
     private lands.


                       private stewardship grants

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


            Cooperative Endangered Species Conservation Fund

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


                     National Wildlife Refuge Fund

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


               North American Wetlands Conservation Fund

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

                neotropical migratory bird conservation

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


                Multinational Species Conservation Fund

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


                    State and Tribal Wildlife Grants

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


                       ADMINISTRATIVE PROVISIONS

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

                         National Park Service


                 Operation of the National Park System

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


                       United States Park Police

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


                  National Recreation and Preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, statutory or contractual aid for other 
     activities, and grant administration, not otherwise provided 
     for,

[[Page 12537]]

     $53,877,000: Provided, That $700,000 from the Statutory and 
     Contractual Aid Account shall be provided to the City of 
     Tacoma, Washington for the purpose of conducting a 
     feasibility study for the Train to the Mountain project: 
     Provided further, That none of the funds in this or previous 
     Acts for the Rivers, Trails and Conservation Assistance 
     Program may be used for cooperative agreements, contracts, or 
     cash grants.


                       Historic Preservation Fund

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


                              construction

       For construction, improvements, repair or replacement of 
     physical facilities, including the modifications authorized 
     by section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989, $297,628,000, to remain available 
     until expended: Provided, That none of the funds available to 
     the National Park Service may be used to plan, design, or 
     construct any partnership project with a total value in 
     excess of $5,000,000, without advance, written approval of 
     the House and Senate Committees on Appropriations: Provided 
     further, That, notwithstanding any other provision of law, 
     the National Park Service may not accept donations or 
     services associated with the planning, design, or 
     construction of such new facilities without advance written 
     approval of the House and Senate Committees on 
     Appropriations: Provided further, That these restrictions do 
     not apply to the Flight 93 Memorial: Provided further, That 
     none of the funds provided in this or any other Act may be 
     used for planning, design, or construction of any underground 
     security screening or visitor contact facility at the 
     Washington Monument until such facility has been approved in 
     writing by the House and Senate Committees on Appropriations: 
     Provided further, That funds appropriated in this Act and in 
     any prior Acts for the purpose of implementing the Modified 
     Water Deliveries to Everglades National Park Project shall be 
     available for expenditure unless the joint report of the 
     Secretary of the Interior, the Secretary of the Army, the 
     Administrator of the Environmental Protection Agency, and the 
     Attorney General which shall be filed within 90 days of 
     enactment of this Act and by September 30 each year 
     thereafter until December 31, 2006, to the House and Senate 
     Committees on Appropriations, the House Committee on 
     Transportation and Infrastructure, the House Committee on 
     Resources and the Senate Committee on Environment and Public 
     Works, indicates that the water entering A.R.M. Loxahatchee 
     National Wildlife Refuge and Everglades National Park does 
     not meet applicable State water quality standards and numeric 
     criteria adopted for phosphorus throughout A.R.M. Loxahatchee 
     National Wildlife Refuge and Everglades National Park, as 
     well as water quality requirements set forth in the Consent 
     Decree entered in United States v. South Florida Water 
     Management District, and that the House and Senate Committees 
     on Appropriations respond in writing disapproving the further 
     expenditure of funds.


                    Land and Water Conservation Fund

                              (rescission)

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


                 Land Acquisition and State Assistance

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


                       ADMINISTRATIVE PROVISIONS

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

                    United States Geological Survey


                 Surveys, Investigations, and Research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); and publish and disseminate data relative to the 
     foregoing activities; and to conduct inquiries into the 
     economic conditions affecting mining and materials processing 
     industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
     related purposes as authorized by law and to publish and 
     disseminate data; $944,498,000, of which $63,262,000 shall be 
     available only for cooperation with States or municipalities 
     for water resources investigations; and of which $16,185,000 
     shall remain available until expended for conducting 
     inquiries into the economic conditions affecting mining and 
     materials processing industries; and of which $7,901,000 
     shall remain available until expended for satellite 
     operations; and of which $20,099,000 shall be available until 
     September 30, 2006, for the operation and maintenance of 
     facilities and deferred maintenance; and of which $1,600,000 
     shall be available until expended for deferred maintenance 
     and capital improvement projects that exceed $100,000 in 
     cost; and of which $171,976,000 shall be available until 
     September 30, 2006, for the biological research activity and 
     the operation of the Cooperative Research Units: Provided, 
     That none of these funds provided for the biological research 
     activity shall be used to conduct new surveys on private 
     property, unless specifically authorized in writing by the

[[Page 12538]]

     property owner: Provided further, That no part of this 
     appropriation shall be used to pay more than one-half the 
     cost of topographic mapping or water resources data 
     collection and investigations carried on in cooperation with 
     States and municipalities.


                       ADMINISTRATIVE PROVISIONS

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

                      Minerals Management Service


                Royalty and Offshore Minerals Management

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


                           Oil Spill Research

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

          Office of Surface Mining Reclamation and Enforcement


                       Regulation and Technology

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


                    Abandoned Mine Reclamation fund

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

                        Bureau of Indian Affairs


                      Operation of Indian Programs

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
     $1,935,033,000, to remain available until September 30, 2006 
     except as otherwise provided herein, of which not to exceed 
     $85,638,000 shall be for welfare assistance payments and 
     notwithstanding any other provision of law, including but not 
     limited to the Indian Self-Determination Act of 1975, as 
     amended, not to exceed $133,314,000 shall be available for 
     payments to tribes and tribal organizations for contract 
     support costs associated with ongoing contracts, grants, 
     compacts, or annual funding agreements entered into with the 
     Bureau prior to or during fiscal year 2005, as authorized by 
     such Act except that tribes and tribal organizations may use 
     their tribal priority allocations for

[[Page 12539]]

     unmet indirect costs of ongoing contracts, grants, or 
     compacts, or annual funding agreements and for unmet welfare 
     assistance costs; and of which not to exceed $458,057,000 for 
     school operations costs of Bureau-funded schools and other 
     education programs shall become available on July 1, 2005, 
     and shall remain available until September 30, 2006; and of 
     which not to exceed $61,409,000 shall remain available until 
     expended for housing improvement, road maintenance, attorney 
     fees, litigation support, the Indian Self-Determination Fund, 
     land records improvement, and the Navajo-Hopi Settlement 
     Program: Provided, That notwithstanding any other provision 
     of law, including but not limited to the Indian Self-
     Determination Act of 1975, as amended, and 25 U.S.C. 2008, 
     not to exceed $45,348,000 within and only from such amounts 
     made available for school operations shall be available to 
     tribes and tribal organizations for administrative cost 
     grants associated with ongoing grants entered into with the 
     Bureau prior to or during fiscal year 2004 for the operation 
     of Bureau-funded schools, and up to $3,000,000 within and 
     only from such amounts made available for school operations 
     shall be available for the transitional costs of initial 
     administrative cost grants to tribes and tribal organizations 
     that enter into grants for the operation on or after July 1, 
     2004 of Bureau-operated schools: Provided further, That any 
     forestry funds allocated to a tribe which remain unobligated 
     as of September 30, 2006, may be transferred during fiscal 
     year 2007 to an Indian forest land assistance account 
     established for the benefit of such tribe within the tribe's 
     trust fund account: Provided further, That any such 
     unobligated balances not so transferred shall expire on 
     September 30, 2007.


                              Construction

       For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483, $348,626,000, to remain available until expended: 
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation: Provided further, 
     That not to exceed 6 percent of contract authority available 
     to the Bureau of Indian Affairs from the Federal Highway 
     Trust Fund may be used to cover the road program management 
     costs of the Bureau: Provided further, That any funds 
     provided for the Safety of Dams program pursuant to 25 U.S.C. 
     13 shall be made available on a nonreimbursable basis: 
     Provided further, That for fiscal year 2005, in implementing 
     new construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to tribally 
     controlled grant schools under Public Law 100-297, as 
     amended, the Secretary of the Interior shall use the 
     Administrative and Audit Requirements and Cost Principles for 
     Assistance Programs contained in 43 CFR part 12 as the 
     regulatory requirements: Provided further, That such grants 
     shall not be subject to section 12.61 of 43 CFR; the 
     Secretary and the grantee shall negotiate and determine a 
     schedule of payments for the work to be performed: Provided 
     further, That in considering applications, the Secretary 
     shall consider whether the Indian tribe or tribal 
     organization would be deficient in assuring that the 
     construction projects conform to applicable building 
     standards and codes and Federal, tribal, or State health and 
     safety standards as required by 25 U.S.C. 2005(b), with 
     respect to organizational and financial management 
     capabilities: Provided further, That if the Secretary 
     declines an application, the Secretary shall follow the 
     requirements contained in 25 U.S.C. 2504(f): Provided 
     further, That any disputes between the Secretary and any 
     grantee concerning a grant shall be subject to the disputes 
     provision in 25 U.S.C. 2507(e): Provided further, That, of 
     the funds provided for the tribal school demonstration 
     program, notwithstanding the provisions of paragraph (b)(1) 
     of section 122 of division F of Public Law 108-7, as amended 
     by section 136 of Public Law 108-108, $4,500,000 is for the 
     Eastern Band of Cherokee education campus at the Ravensford 
     tract.


 Indian Land and Water Claim Settlements and Miscellaneous Payments to 
                                Indians

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


                 Indian Guaranteed Loan Program Account

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


                       ADMINISTRATIVE PROVISIONS

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

                          Departmental Offices

                            Insular Affairs


                       Assistance to Territories

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $74,935,000, of which: (1) $68,372,000 shall be available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, coral reef initiative activities, and 
     brown tree snake control and research; grants to the 
     judiciary in American Samoa for compensation and expenses, as 
     authorized by law (48 U.S.C. 1661(c)); grants to the 
     Government of American Samoa, in addition to current local 
     revenues, for construction and support of governmental 
     functions; grants to the Government of the Virgin Islands as 
     authorized by law; grants to the Government of Guam, as 
     authorized by law; and grants to the Government of the 
     Northern Mariana Islands as authorized by law (Public Law 94-
     241; 90 Stat. 272); and (2) $6,563,000 shall be available for 
     salaries and expenses of the Office of Insular Affairs: 
     Provided, That all financial transactions of the territorial 
     and local governments herein provided for, including such 
     transactions of all agencies or instrumentalities established 
     or used by such governments, may be audited by the General 
     Accounting Office, at its discretion, in accordance with 
     chapter 35 of title 31, United States Code: Provided further, 
     That Northern Mariana Islands Covenant grant funding shall be 
     provided according to those terms of the Agreement of the 
     Special Representatives on Future United States Financial 
     Assistance for the Northern Mariana Islands

[[Page 12540]]

     approved by Public Law 104-134: Provided further, That of the 
     amounts provided for technical assistance, sufficient funds 
     shall be made available for a grant to the Pacific Basin 
     Development Council: Provided further, That of the amounts 
     provided for technical assistance, sufficient funding shall 
     be made available for a grant to the Close Up Foundation: 
     Provided further, That the funds for the program of 
     operations and maintenance improvement are appropriated to 
     institutionalize routine operations and maintenance 
     improvement of capital infrastructure with territorial 
     participation and cost sharing to be determined by the 
     Secretary based on the grantee's commitment to timely 
     maintenance of its capital assets: Provided further, That any 
     appropriation for disaster assistance under this heading in 
     this Act or previous appropriations Acts may be used as non-
     Federal matching funds for the purpose of hazard mitigation 
     grants provided pursuant to section 404 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170c).


                      Compact of Free Association

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

                        Departmental Management


                         Salaries and Expenses

                     (including transfer of funds)

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

                              {time}  1600


                  Amendments Offered by Ms. Slaughter

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

       Amendments offered by Ms. Slaughter:
       Page 47, line 4, after ``Appropriations'' insert ``Provided 
     further, That amounts otherwise appropriated by this Act for 
     motor vehicle lease, purchase or service costs at the 
     Department of the Interior are reduced by $13,500,000 and, 
     not later than 30 days after the date of the enactment of 
     this Act, the Director of the Office of Management and Budget 
     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate a listing of the amounts by 
     account of the reductions made pursuant to this proviso''.
       Page 103, line 24, strike ``$120,972,000'' and insert 
     ``$130,972,000''.
       Page 104, line 5, strike ``$122,377,000'' and insert 
     ``$125,877,000''.

  The CHAIRMAN pro tempore (Mr. Duncan). Without objection, the 
amendments may be considered en bloc.
  There was no objection.
  Ms. SLAUGHTER. Mr. Chairman, I rise to offer an amendment that will 
provide just a small increase for Federal arts agencies but which will 
pay us back many times over, both in hard dollars and in ways that are 
simply incalculable for the people that we represent.
  Since 2001, when our national economy began its dramatic downturn, we 
have seen some of our largest industries shaken to their core. Without 
consumer spending and housing market, the recession would have been 
even deeper and more discouraging for most Americans. But during those 
dark days, one industry sailed on battered by the prevailing wind but 
staying afloat, thanks in part to Federal funding, and that was 
America's incomparable nonprofit arts industry.
  Even without the corporate and philanthropic support of prior years 
and with fewer State and local dollars, the indomitable $134 billion 
nonprofit arts industry, seen here on this chart, kept selling tickets, 
employing artists, attracting tourists, providing jobs, supporting 
small businesses and churning out receipts to Federal, State and local 
treasuries. In cities, towns and hamlets across the country, artists 
continued to write and compose and dance and perform, and audiences 
kept coming to watch and listen and absorb their creativity. 
Inevitably, they left with what they came for, their minds enlightened, 
their souls renewed.
  How magic that is when what makes both people's life and economy 
richer is one in the same thing. The lesson is clear, the stability of 
Federal funding is all the more important to the arts in times of 
fiscal fluctuation. And where else can we find such a bargain? For 1/
100 of 1 percent of the Federal budget, the nonprofit arts agencies 
generate over 5 million jobs and give back 14 billion to State and 
local governments and over 10 billion to the Federal treasury.
  Consider this enormous return on our investment and our request is 
modest this year. Though the President requested $18 million for the 
National Endowment for the Arts, because we recognize the tight budget 
we face we will ask only $10 million, and this small increase will 
ensure that the NEA's new program, America's Masterpieces: Three 
Centuries of Artistic Genius, which First Lady Laura Bush announced 
with such enthusiasm last year, will take the best of our heritage to 
new and younger audiences across the country. Every dollar of this 
increase will go to the program. Not a cent will fund administrative 
costs.
  Similarly, rather than the $27 million which the President requested 
for the National Endowment for the Humanities, we are asking only $3.5 
million. The additional money will continue funding for such popular 
programs as ``We the People,'' which teaches and studies the 
understanding of American history, and every State and territory in the 
United States last year benefited from this initiative. Should you have 
any doubts left about the ability of the Federal seed money to build a 
local economy, think about your own preference when you travel. What do 
you look for when you are in a strange city or country?
  After checking into your hotel and locating a restaurant, you search 
out the local cultural attractions, do you not? The museum, the art 
gallery, the theater, the folk festival, the other indigenous arts; in 
fact, the attractions that made you want to go there in the first 
place. Sixty-five percent of all American travelers do the same. They 
include cultural events on their trips and they spend more on the 
average than local attendees do at their favorite cultural 
institutions.
  In my own district, the Cities of Buffalo, Rochester, and Niagara 
Falls, New York are dependent on tourist dollars to keep their economy 
and local small businesses running. You probably have watched and been 
grateful for the same phenomenon in your district. Just today I learned 
that Buffalo was now the fourth most desired arts destination in the 
country, according to the American Style Magazine's annual poll, and I 
say thank goodness for those tourist dollars.
  I hope by now you have seen the research seen by Americans for the 
Arts, which was sent to every congressional office. Entitled ``The 
Creative Industries,'' the report includes a map of your own district 
and a chart that shows every arts-related business in your district and 
the number of jobs that each supports. It gives you a graphic 
indication of the geographic and economic reach of the arts. But the 
benefits of our Federal investment are neither confined at our 
districts nor stop at our borders. The output of artists and other 
creative workers in publishing audio-visual music and recording and 
entertainment business amounts to over $60 billion annually in overseas 
sales, and this huge return helps the U.S. maintain an ongoing global 
position of economic strength and leadership.
  Think for a moment about the Reagan funeral. Who was not deeply moved 
by the tenor's rendition of Ave Maria? Whose eyes did not tear when the 
Marine band played Amazing Grace or God Bless America and the wonderful 
choir that sang The Battle Hymn of the Republic? Who can even imagine 
such a moment of national importance not imbued with such profound 
feeling

[[Page 12541]]

without the artists performing their great music?
  Long after everyone alive today is gone from this Earth, that 
ceremony will be remembered by generations to come through the artistry 
of great photography.
  Let us remember that it was President Reagan himself who set up the 
Presidential Task Force on Arts and Humanities.
  Mr. BALLENGER. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, I rise today in support of the amendments to increase 
the funding for the National Endowment For the Arts and the National 
Endowment for the Humanities.
  I understand the importance of fiscal restraint during a time of 
large deficit; however, the relatively small amount of Federal funding 
of the arts and humanities is needed to leverage private dollars. These 
combined resources make the arts and our heritage come alive in 
communities across the Nation.
  For example, in 1973 we people in Hickory, North Carolina, decided we 
wanted to convert an old high school building, and with a small amount 
from the National Endowment as sort of a Good Housekeeping Seal of 
Approval we raised $2.8 million and had a museum of art.
  As another example, in October I was proud to arrange for the Aquila 
Theater Company to perform Othello for students in the Northview Middle 
School in Hickory, North Carolina. This was possible due to an NEA 
program called ``Shakespeare in American Communities.'' This program 
brings touring groups to rural communities which normally do not have 
the opportunity to see a professional theater company.
  In fact, one young eighth grader was so impressed he contacted his 
local paper and he wrote, ``I never really knew much about Shakespeare 
until a couple of days ago. When I saw that play, I was amazed. It was 
awesome.''
  By the conclusion of the Shakespeare in American Communities Program 
it will have toured all 50 States, visited 200 cities and 14 military 
bases. It will have utilized the talent of 29 theater companies whose 
actors will have touched the lives of 1 million children.
  Dollars that fund this type of program are dollars well spent. Not 
only are the arts and humanities essential teaching tools for our 
children but they are also good business. In North Carolina's 10th 
Congressional District, my district, there are 757 arts-related 
businesses which employ 2,677 people. In addition, arts-related 
organizations contributed $32 million in payroll taxes to North 
Carolina in fiscal year 2003.

                              {time}  1615

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


          Modification to Amendments Offered by Ms. Slaughter

  Ms. SLAUGHTER. Mr. Chairman, I ask unanimous consent to modify the 
amendments to correct the line reference from page 103, line 24, to 
page 103, line 14.
  The CHAIRMAN pro tempore (Mr. Ose). Is there objection to the request 
of the gentlewoman from New York?
  There was no objection.
  Mr. LEACH. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise in support of this amendment but must note a 
certain embarrassment that it is so modest. If it passes, resources for 
NEH and NEA will still be less than the President requested. 
Nonetheless, the dollars involved do represent a bit more help to the 
two institutions most responsible for advancing the creative impulses 
in society and expanding programs which provide historical and 
philosophical perspectives to issues of the day.
  I recognize that controversy swirls around the National Endowments 
for the Arts and Humanities, and it is in the context of this 
controversy that a historical point of reference is in order.

[[Page 12542]]

  Government involvement in the arts was greater in the Great 
Depression than it is today. In a time of financial poverty, there was 
no poverty of spirit. I refer back to the WPA era, because when our 
country dissolved into social chaos, arts brought a sense of 
perspective and unity and courage. Ironically perhaps to some, an 
American solidarity of spirit was enhanced by artists who frequently 
highlighted social problems and who just as frequently lampooned 
institutions of the State.
  The WPA arts program under President Roosevelt and government 
programs in the arts today are designed to take arts from the citadel 
of the privileged and bring it to the public at large. President 
Roosevelt once noted: ``The arts cannot thrive except when men are free 
to be themselves and to be in charge of the discipline of their own 
energies and ardor.'' A corollary to this Rooseveltian precept is self-
evident: freedom itself is constrained if the arts are shackled.
  Americans need to appreciate, rather than fear, artistic expression. 
This does not mean everyone needs to like everything defined as or 
alleged to be art. All citizens reserve the right to be critics. But it 
does mean that we should go to great lengths to respect dissenting 
perspectives in the arts and humanities, just as we need to respect 
them in politics.
  It also means we must understand that the arts play an increasingly 
central role in education. Of all the learning disciplines, they tap 
and expand the human imagination the most. In a world of exploding 
options for individuals and families, it is imperative that when there 
is no experience to serve as a guide, that the imagination be 
stimulated and perspectives be applied and that values be brought to 
bear.
  Nonetheless, it should not be surprising that the Federal agencies 
most responsible for advancing programs in the arts and humanities have 
their collective backs to the wall. After all, there is no issue more 
controversial than culture itself.
  In this regard, as a Republican, I would like to stress three 
ironies.
  Cultural iconoclasts suggest the endowments are elitist citadels. The 
facts suggest the opposite. The endowments were established to 
democratize the arts and humanities, to broaden access to and 
appreciation of diverse aspects of American culture.
  Cultural iconoclasts suggest that American education has been dumbing 
down. Yet the endowments have as their mission to instill American 
education with greater quality, to stimulate creativity, to ennoble the 
American spirit.
  Cultural iconoclasts lament the standardless sex and violence found 
increasingly on television and at the movies. By contrast, the 
endowments and their sister institutions, like NPR, are uplifting 
counterbalances to the commercialization of sex, pornography, and 
violence.
  The issue is how best to instill and transfer American values, how 
best to expand respect for the ``pluribus'' in our ``unum.'' Market 
forces have a powerful role to play, but civilizing instincts can 
sometimes be embellished by civil efforts of civil institutions. That 
is the mission of the endowments.
  Abolition of the endowments would lead to a marginally cheaper 
government, but if conservatism implies an emphasis on understanding, 
advancing and perpetuating our culture, endowment-bashing can hardly be 
conservative.
  It is true that out of tens of thousands of grants, a half dozen have 
proven offensive to large numbers of Americans. Yet, perspective would 
indicate it is impressive not how many, but how few, grants have 
resulted in serious social umbrage. Given the fact that the Federal 
Government today spends less than 5/100 of 1 percent of the GNP on the 
arts and humanities, elimination of their funding would more impoverish 
the American spirit than the American taxpayer.
  In this context, I urge support of this amendment and would like to 
express my particular appreciation for the leadership of the 
gentlewoman from New York and the subcommittee chairman from North 
Carolina.
  Mr. NADLER. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise in support of the Slaughter-Shays-Dicks 
amendment to increase the amount of funding in this bill for the 
National Endowment for the Arts and the National Endowment for the 
Humanities. In fact, I support the amount that President Bush requested 
for these agencies. President Bush requested an $18 million increase 
for the NEA and a $23 million increase for the NEH.
  In truth, I would be even happier to support President Reagan's 
budget for these critical agencies, which was substantially larger. 
Unfortunately, the Republican leadership in this Congress do not seem 
to think that Presidents Bush and Reagan were right in this respect. 
Instead, they continue to insist on flat funding for the NEA and only a 
tiny increase for the NEH, but the fact is flat-level funding is really 
a cut in the budget. It means that the resources that the NEA needs to 
do its job gets stretched thinner and thinner every year.
  We have a chance today to take a small step in rectifying this 
shortsightedness today. Whether it is the educational value, the 
cultural enrichment, or the substantial economic windfalls that the 
arts and humanities create, the NEA and the NEH are two of the best 
investments this Nation makes and two of the most productive parts of 
our budget, although two of the smallest parts of our budget.
  When we shortchange the NEA, we deprive our young people of arts 
education programs that help them develop critical thinking skills and 
train them to be the next generation of artists, and we deprive our 
communities of a $134 billion business that generates almost 5 million 
jobs, $89 billion in household income, and tens of billions of dollars 
in tax revenues.
  When we shortchange these agencies, we deprive ourselves of 
orchestras, nonprofit theaters, dance companies, opera companies, and 
touring groups that bring the benefit of the arts and culture to 
smaller communities throughout our country. We deprive ourselves of the 
important work of interpreting and preserving our Nation's heritage. 
For just a fraction of 1 percent of our Federal budget, the NEA and the 
NEH yield dividends that far outweigh the investment, but the majority 
leadership has chosen to ignore all of this.
  Mr. Chairman, this amendment is a very modest attempt to increase the 
NEA budget by just $10 million, not even the $18 million suggested by 
President Bush. It is an attempt to begin undoing the damage that this 
Congress has done to these agencies in the last 10 years. I urge my 
colleagues to support this extremely modest amendment, and I thank the 
gentlewoman from New York (Ms. Slaughter) and the gentleman from 
Connecticut (Mr. Shays) and the gentleman from Washington (Mr. Dicks) 
for offering this amendment.
  Mr. TOOMEY. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I would just rise in opposition to this amendment. I 
want to preface that by making it very clear that those of us who 
oppose this, most of us are big fans of the arts, big fans. I am a fan 
of all kinds of arts, visual performance; and I fully recognize and I 
think most Members, probably everybody in this House, recognizes the 
vitally important role that the arts play as an expression of 
understanding a perception, a point of view of who we are and what 
humanity is about, the unique insights into the human experience that 
only the arts can provide; and I do not think any of us dispute the 
vitally important role that the arts play.
  I think the big question is who should pay for it. I think that is 
what we really are going to be debating here, and the question 
specifically becomes should it be paid for by taxpayers who are forced 
to pay for it through government taking their money from them and 
spending it on the arts or should it be paid for by the people who 
benefit most directly from it, people who enjoy the arts, people who 
are supporters themselves of the arts. In fact, the vast

[[Page 12543]]

majority of the arts in America of all kinds, as we all know, the vast 
overwhelming majority are, in fact, paid for and supported by the 
people who most directly benefit from it and by philanthropists, by 
wealthy individuals who have the means and the inclination to support 
these arts, and I fully commend them for doing that.

                              {time}  1630

  So the reason for my objection is no reservations about the arts per 
se; it is about whether or not we ought to compel taxpayers to foot 
this bill.
  We are running over a $400 billion deficit this year. That is because 
for many recent years, spending in this town has been out of control. 
We are told, in some cases by many of the same people who support this 
amendment, we are told that we cannot afford tax cuts. The tax cuts 
that we have engaged in, which frankly have generated a tremendous 
economic expansion which is underway, we are told we cannot afford 
them. By that they really mean government cannot afford them. As a 
matter of fact, we are told we cannot even afford to make the existing 
tax law permanent. That would be a bad thing, according to many of the 
Members who support this amendment. Instead we ought to have the tax 
rates jump back up.
  Well, I think if we cannot afford to try to reduce the burden on the 
American taxpayer because the deficit is too large, then we cannot 
afford to be funding this kind of amendment either. I know they will 
say, wait a minute, this money is being transferred. It is from the 
administration of other areas to this program. It is not net new money. 
But if there is money that is not needed for the administration of 
these other programs, and it is available to be taken from them and 
added to funding for NEA and the National Endowment for the Humanities, 
if that money is available, it should simply be cut from those budgets 
so we can reduce the size of our budget deficit and get to the point 
where hopefully some of my colleagues on this side will agree that we 
can, in fact, and should, in fact, make the existing tax law permanent 
and get on with further reducing the tax burden for the American 
people.
  For these reasons and despite my great appreciation for the arts 
themselves, I would urge a ``no'' vote on this amendment.
  Mr. QUINN. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise today in support of the Slaughter amendment, my 
good friend and neighbor from Buffalo, New York, to increase funding 
for the National Endowment for the Arts by $10 million and to increase 
funding for the National Endowment for the Humanities by $3.5 million.
  The NEA enhances our communities both culturally and economically. 
Educational programs supported by the NEA introduce our next generation 
to the possibilities of creativity, self-expression, and imagination. 
Just last weekend in my district in Buffalo, New York, we held the 
Allentown Arts Festival, a renowned art event where art vendors come to 
display their goods and sell their works on the streets of Buffalo, and 
I am proud to say tens of thousands of people from all across the 
country attended.
  The NEA has implemented a new program called Shakespeare in American 
Communities, a major nationwide touring theater initiative that brings 
Shakespeare to over 100 different communities throughout the country. 
One million school children will experience live theater in small and 
mid-sized towns, underserved urban areas, and even some of our military 
communities.
  The NEA is providing a teachers' toolkit that is being distributed 
free of charge to over 25,000 high school teachers. The kit includes a 
video, a CD, contest materials, and fact sheets on Shakespeare and 
Elizabethan theater.
  As a former schoolteacher myself, I recognize that providing these 
educational materials will provide a greater cultural learning 
experience to all the Nation's children.
  Another important program funded through the NEA is Operation 
Homecoming, a writing workshop for returning soldiers to help them deal 
with their feelings about war, death, hardship, and survival while 
being overseas and away from their loved ones and their families. This 
program will help establish a rich historical record by filling in the 
blanks with personal accounts that the media sometimes lack.
  The first Operation Homecoming workshop, as a matter of fact, took 
place in my home State of New York, Fort Drum, home of the 10th 
Mountain Division. Forty-five soldiers met with accomplished novelists 
to learn firsthand about the hard work, dedication, and effort that is 
required to write. They plan to use this instruction as a way to 
capture events for themselves and also as a form of therapy to manage 
their feelings in the most positive manner.
  It is my hope that we will consider the Slaughter amendment as a way 
to enhance our already cultural richness in this country by supporting 
excellence in the arts, providing leadership in arts education, and 
bringing the arts to all Americans. I yield back the balance of my time 
as I ask our Members to support the Slaughter amendment.
  Ms. LEE. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise today in strong support of this amendment, and I 
want to applaud the gentlewoman from New York (Ms. Slaughter) and the 
gentleman from Connecticut (Mr. Shays), co-chairs of the Arts Caucus, 
and their staff for their leadership and for this very important work 
of national importance.
  Congress has the responsibility to provide adequate funding to the 
National Endowment for the Humanities which is the largest single 
funder of humanities programs in our country; and also the National 
Endowment for the Arts, the infrastructure for private nonprofit and 
Federal arts initiatives.
  This support is especially important given the current state of the 
economy which has stifled private funding used to subsidize many arts 
and humanities programs nationwide. The economic downturn and our 
budget crisis are crippling arts initiatives all over this country, and 
especially in my home State of California. In my district, the 9th 
Congressional District of California, there are a total of 2,180 arts-
related businesses that employ 10,268 of my constituents. That is a lot 
of people: 10,268 individuals.
  Many who are eager to restrict funding for NEA and NEH forget that 
industries that receive grants for these institutions include museums, 
performing and visual arts, film, radio, television, design, publishing 
and educational facilities in all of our districts.
  In Oakland, one of the cities in my district, most arts education 
programs are facing extinction. The result is the gradual disappearance 
of arts initiatives for people of all ages, ethnic background, social 
and economic backgrounds. This debilitates the foundation of our 
community. Few realize that nonprofit arts industry and the nonprofits 
that run our arts industries generate approximately $89.4 billion in 
household income nationally, and the economy, of course, reached its 
lowest point since the Depression.
  This amendment also provides funding for the NEA, which is an 
investment in the economic growth of communities with grants reaching 
every single congressional district in the country. During the last 14 
years, the NEA has provided funding for over 123 programs in my 
district alone, including the Berkeley Symphony Orchestra, the Axis 
Dance Company, and the East Bay Institute for Urban Arts and the Museum 
of Children's Arts.
  Clearly, a vote against this amendment, which is endorsed by our 
bipartisan Arts Caucus, is really an unfortunate action against the 
vital thread which sustains the pulse of our country.
  I urge all of my colleagues to support this very modest increase. It 
should be much more than this. This is only a $10 million increase for 
the NEA and $3.5 million increase for the NEH. It is the least we can 
do to promote and preserve American culture and heritage.
  Mr. Chairman, I thank the two co-chairs of the Arts Caucus.
  Mr. FLAKE. Mr. Chairman, I move to strike the requisite number of 
words.

[[Page 12544]]

  Mr. Chairman, I did not expect to be here. I have no notes other than 
what I just jotted down a second ago because I thought this year when 
we are facing deficits of nearly $500 billion that nobody would dare 
stand up and ask for an increase in funding for the NEA or the NEH.
  I am surprised and, frankly, disappointed that we are doing that. How 
can we, as Republicans, on this side in particular, as a party of 
limited government, stand up and call to increase funding for the NEH 
and the NEA at any time, but particularly this year.
  If there is $13.5 million in overhead at the Department of the 
Interior, and the argument is we are not increasing funding, we are 
simply moving it from one side to the other, I would suggest, as my 
colleague from Pennsylvania suggested, let us return that to the 
taxpayers. Let us lower the deficit. But to simply take it over and 
increase funding, which will simply lead to more increases and more 
increases, as we have seen in previous years, is simply not the way we 
ought to go.
  It was noted earlier that this is only point zero, zero, zero 
whatever of the Federal budget; we can afford that. Just point zero, 
zero, zero whatever, we can afford that.
  Well, if that is the case, if we look at arts funding, Federal 
funding of the arts is only point zero, zero, zero whatever of what is 
spent on the arts. The other happens to be spent by patrons of the 
arts, myself and others who actually go and view it or listen to it, or 
enjoy it in some other form.
  Certainly the dire consequences that are spelled out on the other 
side of the aisle for the arts if the Federal Government cuts back its 
share or does not increase its share are not going to happen because 
the arts are important. People realize that. It does not take the 
Federal Government to tell people that.
  I encourage my colleagues to understand that we are in a big deficit 
situation, nearly $500 billion. We hear the other side of the aisle 
talk about that a lot, but then propose to increase programs like this. 
I would suggest that both our side of the aisle and theirs ought to get 
serious about containing this deficit, and we ought to start by not 
increasing funding for the arts at this time.
  Mr. SHAYS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I envisioned when I was elected to Congress that we 
would have really vigorous debates about a lot of issues, and this 
issue is an issue we should have a debate about. We can agree or 
disagree; but we should talk about it and understand in our own minds 
how valuable we think the arts are to our society, to the well-being of 
the culture that exists throughout our society, to the well-being of 
our children and what it says about us as Americans.
  For me, I want to be on the side of President Bush. I want to be on 
the side of Mrs. Bush, both of whom believe this is an important 
contribution to our society. Both the President and the First Lady 
travel all around the country, and they understand, I think, better 
than many of us who are focused in our own districts how important this 
is for the well-being of our country.
  The question of who should pay for it, is an easy question to answer. 
The consuming public pays most for it, and then there are individuals 
who have small resources and contribute, and some who have larger 
amounts and contribute. We have wealthy people who give a lot to the 
arts. And then I think businesses are inclined to want to contribute 
because they know that the fabric of the life in their communities has 
a lot to do with the well-being of their workers and makes their 
businesses better places to be because of the arts that exist there. A 
community without arts is like a desert without rain.
  Foundations help pay for the arts. And, yes, believe it or not, I 
think taxpayers should. When I think of what we are asking the 
taxpayers to do, when you add up the NEA and the NEH, and we add up 
their budget of $256 million, we will vote like that on billions in 
entitlements, no debate; and yet we debate for a fairly significant 
amount of time how we spend a million dollars.
  I think taxpayers should play a role, a minimal role, but play a 
role. When I look at it, we are asking each taxpayer to pay, for the 
entire--the NEA and NEH--budget, 91 cents. This amendment is asking 
taxpayers to pay 4.5 cents more. The reason we ask taxpayers to do it 
is because the cost can be spread across all of them, and then it is so 
affordable for each and every one of us.
  No one is going to pretend that the arts survive because of what we 
do as taxpayers, because we are the smallest part. The consumers pay 
the most. Individuals, businesses, and foundations contribute far more 
than the government; but the government, I think, is saying we would 
like to have a role here as well.
  I salute the gentlewoman from New York (Ms. Slaughter), and I am 
proud to be a co-chair of the Arts Caucus; but the gentlewoman is the 
one who is calling the shots on this, and I thank her for all of her 
work.
  I may have a particular bias. My mom and dad met in the theater. I 
grew up almost every night hearing my dad play the piano. I realize how 
vital the arts are to our well-being as a society.

                              {time}  1645

  I feel it is almost more important when we are involved in warfare 
around the world that the other part of us, the part that deals with 
beauty and grace, is also being heard. I do not want to just be a 
person who supports the war on terror, supports the war in Iraq, which 
I am. I also want a part of me and a part of my constituency to be 
expressed in the love and appreciation for arts. I strongly ask my 
colleagues to ask the American people to pay 4.5 cents more each so 
that we can make the arts better, and I strongly ask them to support 
President Bush and the First Lady. The First Lady rarely asks this 
Chamber for anything. She has specifically said, please spend more on 
the arts. I am glad to oblige her.
  I would like to just conclude by saying that I think that this 
Chairman has done his best with the limited resources he has and this 
subcommittee, and I appreciate them for understanding why we have this 
amendment and that the process is working the way it is intended. The 
Subcommittee has brought out, I think, what they believe to be a very 
good bill. We would like to make a slight change to it. I hope 
ultimately the Chamber will agree.
  Mr. TANCREDO. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I guess I am here to speak for the cultural iconoclasts 
of the Congress and of the Nation who are concerned about the fact that 
the gentleman from Connecticut who just spoke is correct in that he 
says this is a statement, a statement that the government has a role to 
play in the funding of the arts. This is the ultimate sort of decision 
we must make here and we will, of course, after a certain period of 
time as to exactly why it is the Federal Government's role to 
participate in this.
  It is not for me to suggest that any of the things that the National 
Endowment for the Arts or Humanities does with the money is 
inappropriate. I am sure that in 2003, the New York Foundation for the 
Arts to support a fine-cut edit of Check Your Body At the Door, a video 
documentary about popular, social and club dancers in New York City; 
or, say, the Orange Show Foundation in Houston, Texas, to support 
conservation and restoration of the Beer Can House, a work by self-
taught artist John Milkovisch. The Houston landmark, consisting of a 
house and grounds decorated with methodically trimmed cans, will be 
used as an artist-in-residence project space. I am sure that Lawyers 
for the Creative Arts, which got $10,000 to support the expansion of 
pro bono legal and arts mediation services, the project will provide 
artists and arts organizations in northern Illinois, Indiana and 
Wisconsin with access to free legal expertise. I am sure that all of 
these things have some need, that there are certainly good reasons why 
they should be supported, but earlier on the gentleman from Iowa stood 
up here and

[[Page 12545]]

said that we should respect the differences that people have about the 
arts. We can argue all of us, any of us, about any of these things I 
mentioned or any of the other things done and supported by the National 
Endowment for the Arts are, quote, appropriate. But it is relevant, of 
course, because we should stay neutral on the arts. The only way to do 
that, I suggest to the gentleman from Iowa and to my friends on the 
other side, is to, in fact, stay out of the business of funding the 
National Endowment for the Arts.
  I will have an amendment following this to reduce the funding for it, 
and I will certainly hope to establish the priorities clearly in the 
minds of the taxpayers of this country as to where this House stands, 
whether we support a variety of other more relevant issues and more 
relevant endeavors than the arts, but it is not the debate. The debate 
is not over the arts in and of themselves, and it is absolutely true 
that they would certainly exist. The $27 billion spent in 2001 on 
nonprofit arts in this country certainly is the way in which arts 
should be funded. And to suggest that $120 million from the Federal 
Government in any way, shape or form improves the quality of life 
frankly for anybody, even one person in this country, based upon what 
it does to influence the arts, I think is essentially ludicrous. It has 
no real impact. But it does take money from people and it says we will 
put you in the position of making a decision and you cannot remain 
neutral.
  All of the reasons we have heard and hear every single year about why 
the arts are good, in fact, wholesome and help the culture and develop 
all kinds of wonderful experiences in our life and develop better 
people, all those things are probably true. I do not argue with any of 
them. I do not argue with the fact that religion does exactly the same 
thing in the United States, provides people with the ability to go 
beyond themselves and to experience great things and to become 
innervated by the experience. That is all great. But, of course, it has 
got nothing to do with us.
  Why should the government fund any religious activity? But we would 
do so. If we were to listen to the reasons why we should fund the arts, 
we should certainly fund, quote, religion. We should establish a board, 
give it $120 million, let it determine what is the proper religious 
experience to provide money for, because it does all of the same things 
for people that the arts do. But, of course, we do not do that. We do 
not do it because we want to remain neutral.
  So I suggest that in an attempt to become more neutral on this 
particular issue, we should reduce the funding for the National 
Endowment for the Arts and Humanities and hopefully eventually stop 
doing it at all.
  Mr. DAVIS of Illinois. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I rise in strong support of the Slaughter-Shays-Dicks-
Leach amendment to increase funding for the National Endowment for the 
Arts and the National Endowment for the Humanities. It seems to me that 
budgets reflect a lot of different things. They reflect priorities. 
They reflect opportunities to eradicate and spend down deficits. They 
reflect opportunities to go more deeply in debt. But they also reflect 
hopes, aspirations and ways of life.
  I represent a very diverse and pluralistic district. As a matter of 
fact, I always say it is the most fantastic, fascinating district in 
all of America. Downtown Chicago, the Gold Coast, Magnificent Mile, Old 
Town, Greek Town, China Town, Ukrainian Village, Soulville. Lots of 
different people with different ideas about things. The arts and the 
humanities are a way of binding people from different communities 
together just as they reflect opportunities to bind people from 
different areas of the country and different walks of life.
  Yes, I understand that there are deficits. I understand that the 
economy is not what we would hope for it to be. I also understand the 
need to invest in fighting terrorism. We have a war to finance, a war 
that I had hoped we would not have to have. But notwithstanding all of 
that, we also have the opportunity to continue our commitment to life 
and to bind the Nation more closely together. I cannot think of any 
better way to do that than to provide these meager grants, I call it a 
minor investment, for which we get tremendous returns.
  And so again I commend the gentlewoman from New York, the gentleman 
from Connecticut, the gentleman from Washington and the gentleman from 
Iowa for offering this amendment which gives all of us an opportunity 
to help make America become that Nation that it has the potential of 
being and yet has not been. I urge passage of this amendment.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I move to strike the 
requisite number of words.
  Mr. Chairman, year after year we try to massage our conscience for 
the failure in education to address a lot of the problems of the arts 
and humanities. We spend billions of dollars there and we never mention 
this in the education budget or any of the related budgets, so we think 
a few million dollars in the humanities or the arts will solve all the 
problems. It will, as one gentlewoman said, or gentleman, where the 
arts are disappearing from the community, it will solve that problem. 
The bureaucracy that is funded here and the limited programs that are 
funded here will not even begin to do that.
  We find that there is a need to raise the cultural level in the 
United States, both in the arts and the humanities. There is a need for 
us to see that young people recognize the documents vital in our 
Nation's history. I take tours through the Capitol with young people. 
Most of the teachers and the young people have not a clue about the 
paintings and the things that are going on in the Capitol. But it will 
not be solved by increasing the amount of money for the arts and the 
humanities.
  Our committee has a tough job. We have to increase the funding, 
natural funding for the forests and parks and various others, Indian 
health, the environment. We were cut $257 million enacted and we kept 
the NEA at last year's level and we increased NEH $3.5 million. There 
is a demand now that we increase it $13.5 million more. Based on the 
cuts that were in the overall bill, it was important to note that we 
increased both NEA and NEH. In fiscal year 2002, we increased some $15 
million to the NEH and the NEA $13 million in 2003. We have grown the 
fund more than the rate of inflation, but it will not solve the 
problems of the men and women who spoke here and the dream that they 
are going to solve all these problems in the arts and the humanities. 
But it can do this. The amendment reduces administrative funds. The 
gentleman from Washington and I realize that we are short in that area, 
anyway. We know that they are going to be called on for funds and we 
know that that is going to be a problem. When we get to the conference, 
we hope we can increase that.
  It is not clear that the vehicle offset that the gentlewoman from New 
York discussed will be sufficient. And so we risk the chance that the 
amendment will impair the on-grounds operation of environment 
protection, Indian programs, it could reduce the department's funding, 
including hearings and appeals and support for Indian trust reform. The 
committee is watchful certainly, the gentleman from Washington and I 
both, in areas of administrative abuse in trying to rein in excessive 
spending and travel in other areas and Members can count on our 
oversight to try to look in any other areas. But moving the money 
around as suggested could be very dangerous for the balance we have in 
this bill.
  I ask Members to join me in opposition to this amendment.

                              {time}  1700

  Mr. DICKS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I rise in strong support of the Slaughter-Dicks-Shays-
Leach amendment. In order to find this offset, we talked to the 
Inspector General of the Interior Department. He made a recommendation 
that this was an area that had been very wasteful and that this would 
not hurt any of the programs there.

[[Page 12546]]

  I want to say this is my 28th year on the Interior Appropriations 
subcommittee, and I started on this subcommittee under the tutelage of 
Sid Yates of Chicago, who was a tremendous supporter of the National 
Endowment For the Arts and Humanities. And I had worked in the other 
body and knew, of course, Senator Pell, who was the author of both the 
National Endowment For the Arts and Humanities legislation. Over the 
years I have followed how, with the increase in funding, even though we 
took a major cut, that we have seen an explosion in the growth of art 
institutions all over this country--more operas, more ballets, more 
theatres, more performing arts. This funding from the National 
Endowment for the Arts has been like the Good Housekeeping seal of 
approval.
  We have today two of the finest administrators in these parts, Bruce 
Cole running the National Endowment for the Humanities, who I had a 
chance to talk to yesterday; and Dana Gioia, who is running the 
National Endowment for the Arts. These are real professionals. They are 
running these departments very effectively, and so we have offset this 
amendment completely. I think it is a choice of priorities, and I 
believe that what is happening in the arts and humanities is so 
important for the citizens of this country, and they appreciate it.
  Every community in my district has benefited from the National 
Endowment for the Arts and by the National Endowment for the 
Humanities. We have the Pantages Theatre and the Broadway Theatre 
District in Tacoma, the Admiral Theatre in Bremerton and Fort Worden up 
at Port Townsend. Port Angeles has a summer arts festival. These things 
are appreciated by the American people, and they are terribly important 
for the education of our children.
  And yet this year, even though President Bush and Mrs. Bush asked for 
substantial increases in the arts and humanities, our committee 
rejected that, completely. And, yes, we had a very bad allocation, but 
I do believe that in these two areas, we had a good hearing. The 
chairman of both endowments came up, testified before our committee; 
and they were so excited about what they can do with this money for the 
American people, especially on the humanities area, where we need to 
have more education about civics and our history and give our kids a 
better opportunity. And there are programs that are going out to all 
the schools all over the country that are supported by this, and it is 
a very fundamental part of our education.
  So I am going to ask our Members, as we have done for the last 4 
years, to vote for this. I want to compliment all those on the other 
side of the aisle who spoke today. I know there is always tremendous 
pressure to go along with the leadership; but in this case, we did not 
get the job done in the subcommittee. This is a chance for the House to 
correct this and show the American people again that we have gotten 
beyond this ideological fight. We can support the endowments, because 
they are doing good work. They have got good leadership, and they 
deserve our support.
  Mr. HOLT. Mr. Chairman, I strongly support this bipartisan amendment 
that will provide much-needed funds to the National Endowment for the 
Arts and the National Endowment for the Humanities.
  This is a long overdue and a modest funding increase to build 
programs that use the strength of the arts and our Nation's cultural 
life to enhance communities in every State and every county around 
America. Since 1965, the NEA has provided over 111,000 grants for 
projects ranging from theater and film festivals, to poetry readings 
and workshops, to radio and TV broadcasts, to museum exhibitions, to 
city design and downtown renewal. NEA funds often help bring excellent 
performances and exhibitions to small towns and rural areas throughout 
the United States.
  The NEH serves to advance the nation's scholarly and cultural life. 
The additional funding contained in this amendment would enable NEH to 
improve the quality of humanities education to America's school 
children and college students, offer lifelong learning opportunities 
through a range of public programs, and support new projects that 
encourage Americans to discover their wonderful American heritage.
  It is clear that increasing funding for the arts and humanities are 
among the best investments that we as a society can make. They help our 
children learn. They give the elderly sustenance. They power economic 
development in many regions. They tie our diverse society and country 
together.
  Will the projects that would be sponsored by this increase in funding 
help defend our country? Probably not, but they will make our country 
more worth defending. I urge my colleagues to support this amendment.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, ``A Great Nation Deserves 
Great Art'' is something that my colleagues have been echoing this week 
as our FY 05 Interior Appropriations bill comes to the floor of the 
House of Representatives for debate. The measure of a great nation is 
not merely its wealth and power, but its civilization--most notably the 
political, philosophical and artistic ideals it creates, promotes and 
preserves. I am here today to help preserve the National Endowment for 
the Arts (NEA) and the National Endowment of the Humanities (NEH).
  The National Endowment for the Arts is dedicated to supporting 
excellence in the arts, bringing the arts to Americans of all ages and 
incomes, and providing leadership in arts education.
  The Arts Endowment is the nation's largest annual fund of the arts, 
bringing great art--both new and established--to all 50 states, 
including rural communities, inner-city neighborhoods, schools, and 
military bases. The Arts Endowment has played a transformative and 
sustaining role in the development of regional theater, opera, dance, 
orchestras, museums, and other arts that Americans now enjoy.
  Distributing more than $100 million annually, the Arts Endowment 
enhances our communities--not only culturally but economically. The 
Arts Endowment's educational programs--such as Shakespeare in American 
Communities--introduces a new generation of Americans to the 
possibilities of imagination, creativity and self-expression.
  According to a recent study, the nonprofit arts industry provides 
4.85 million full-time equivalent jobs, $89.4 billion in household 
income and $10.5 billion in federal income tax revenues.
  The amendment also provides a modest increase for the National 
Endowment for the Humanities (NEH), far short of the President's 
request. The amendment provides $5 million for the NEH's ``We the 
People'' initiative. This increase would provide a total of $14.8 
million for ``We the People''--less than half of the President's $33 
million request. It would raise NEH's overall budget to $143 million--
$19 million less than the President's request of $162 million for FY 
2005.
  Increased funds for ``We the People'' will enhance the teaching, 
study and understanding of American history. The ``We the People'' 
initiative has already expanded seminars and institutes for teachers to 
learn history content and bring their new knowledge and enthusiasm back 
to the classroom. It has also expanded grants available for research, 
scholarship, museum exhibits, documentary films, radio projects, 
teaching programs, educational aids, and preservation efforts to 
encourage and enhance public understanding of American history and 
culture.
  ``We the People'' has generated deep, widespread, bipartisan support. 
The ``We the People'' initiative has earned the support of the 
President and Members of Congress from both sides of the aisle.
  This project will benefit every state in the nation. In FY 2004, over 
a third ($3.7 million out of $9.8 million) of all ``We the People'' 
funds went directly to the 56 state humanities councils to encourage 
programs and grants on the local level to encourage the teaching, study 
and understanding of American history.
  Every state and territory of the U.S. has benefited from the ``We the 
People'' initiative, including my state of Texas. I do not want to 
return to Houston and let my constituents know that they have been let 
down yet again. Please join me in supporting this amendment.
  Mr. SCHIFF. Mr. Chairman, I rise in support of the amendment to the 
Interior Appropriations bill submitted by Representatives Slaughter, 
Shays, Dicks, and Leach, to increase funds for the National Endowment 
for the Arts and the National Endowment for the Humanities.
  As a member of the Congressional Arts Caucus, and former chair of the 
California Legislature's Joint Committee on the Arts, I have had the 
opportunity to see first hand the tremendous role that the arts play in 
the education and development of our children. Several academic studies 
have demonstrated the connection between music, dance, visual arts, and 
the development of the human brain. It is a fact that arts education 
cultivates critical thinking skills that are so important in this 
information-age economy. Children who learn to

[[Page 12547]]

read music or to play an instrument show improved proficiency in 
mathematics and sciences.
  Today, I am proud to support an increase of $10 million for the 
National Endowment for the Arts and a $3.5 million increase in funds 
for the National Endowment for the Humanities.
  One of the initiatives under the NEA, American Masterpieces, produces 
new collaborations of classic American operas, plays, ballets, 
musicals, and choral works. These joint ventures allow local companies 
to offer new productions of the highest quality at affordable costs. 
This is just one of the many great initiatives provided by the NEA.
  Additionally, I support an increase of $5 million for We the People, 
an important initiative to strengthen understanding of our national 
heritage. This innovative program benefits students, teachers, and 
Americans of all ages.
  Arts is not only about appreciation and enjoyment, it is also a 
strong component of our economy. A recent study from Americans for the 
Arts found that the nonprofit art industry alone generated $134 billion 
in economic activity, including full time jobs, household income and 
tax revenues. More than $80 billion of this is spent by audiences who 
enthusiastically attend events in their local communities.
  In my own district, there are more than 2,700 arts-related businesses 
and more than 32,000 jobs in visual arts, design, performing arts, film 
and television, and educational arts. I am proud to host an annual 
Congressional Arts event in my district that allows high school 
students to showcase their artistic talents to the community. I have 
constantly been impressed with the artistic vision and creativity of 
our young people. This vision and creativity should be fostered, not 
discouraged.
  By supporting the arts and humanities, the federal government has the 
ability to act as a partner with state and local efforts to bolster the 
quality of life as well as economic and educational opportunities in 
our communities.
  Ms. McCARTHY of Missouri. Mr. Chairman, I rise today in support of 
the Slaughter-Shays-Dicks amendment to increase funding for the 
National Endowment for the Arts (NEA) and National Endowment for the 
Humanities (NEH). These endowment programs are vital to supporting the 
creation, preservation and presentation of the arts and humanities in 
America. In my district, NEA and NEH grants have brought partnership 
projects such as the Coterie Theater and the Friends of Alvin Ailey's 
AileyCamp that help provide collaborative artist and youth activities 
which have enriched the local economy and educational experiences of 
our children.
  Studies have demonstrated that reading and math scores improve with 
participation in arts education classes. Test results from the College 
Board have shown that college bound students involved in the arts and 
humanities have higher overall SAT scores than other students.
  There is no jurisdiction for funding for the NEA at a level that is 
30 percent below the 1994 level. Adopting the amendment before us would 
increase funding by $10 million for the NEA and $3.5 million for the 
NEH. I urge my colleagues to support this amendment which would keep up 
with inflation. Investment in the arts and humanities has proven to be 
an invaluable contribution to the American economy, or local 
communities, and the education success of our children.
  Mrs. LOWEY. Mr. Chairman, I rise in support of the Slaughter 
amendment and strongly urge its adoption.
  Our contributions to the arts and humanities are the standard by 
which our history as a society will be measured. A strong public 
commitment to the arts and humanities, along with a dedication to 
freedom, are the hallmarks of great civilizations. History has shown 
that religious and political freedom goes hand in hand with greater 
artistic and literary activity, and that the societies that flourish 
and have a lasting influence on humanity are those that encourage free 
expression in all of its forms. This is a lesson that resonates with 
people of every age, background, and belief, and one that working 
together we can guarantee that our children learn.
  By sharing ideas and images from a diverse range of backgrounds and 
through many different media, the arts and humanities help to create a 
more informed citizenry. We are better prepared to meet the 
responsibilities of democracy; to ask ourselves the hard questions and 
to judge fairly the actual and potential endeavors of our country.
  Our support for the arts and humanities also has a profound impact on 
our economy. In my Congressional District, the arts support over 10,000 
jobs, and in Fiscal Year 2000, they contributed more than $92 million 
in revenue to Westchester alone. Nationwide, the figures are even more 
impressive. In 2002, the arts were a $134 billion industry sustaining 
nearly 5 million jobs. While the federal government spends just over 
$250 million on the NEA and NEH annually--approximately 40 cents per 
person--it collects over $10 million in tax revenue related to the arts 
industry. NEA and NEH dollars are crucial to the arts community, 
helping them leverage more state, local, and private funds. Clearly, 
the numbers show that investment in the arts is important not only to 
our national identity, but also to our national economy,
  Mr. Chairman, we must act decisively to commit ourselves to our 
national heritage and culture, and vote to increase funding for the NEA 
and NEH. I urge my colleagues to support creativity and reflection, to 
support our economy, and to support the continued growth and expression 
of democracy in its fullest form.
  The CHAIRMAN pro tempore (Mr. Ose). The question is on the 
amendments, as modified, offered by the gentlewoman from New York (Ms. 
Slaughter).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. DICKS. Mr. Chairman, I demand a recorded vote, and pending that, 
I make the point of order that a quorum is not present.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendments offered by the gentlewoman from New York 
(Ms. Slaughter) will be postponed.
  The point of no quorum is considered withdrawn.
  Mr. MICA. Mr. Chairman, I move to strike the last word to engage in a 
colloquy with the chairman of the Interior Appropriations Subcommittee, 
if you would, the gentleman from Mississippi (Mr. Taylor).
  First of all, I want to take just a moment to commend the gentleman 
from Mississippi (Chairman Taylor) and the Committee on Appropriations 
for their outstanding efforts in bringing this important measure to the 
floor during these very difficult budgetary times.
  As he may know, I have been working to improve and expand educational 
resources and public accommodations at the Castillo de San Marcos in 
St. Augustine, Florida. That is our national monument. This national 
monument is not only a unique part of our national parks infrastructure 
but it is also a national treasure. The National Park Service is 
expected to complete a study this fall which includes plans to 
construct a required facility there.
  Mr. Chairman, it is my understanding that when this plan is completed 
and this project is authorized by Congress, the Interior and Related 
Agencies Subcommittee of the Committee on Appropriations would consider 
funding this much-needed expansion and renovation project.
  I would ask the gentleman from North Carolina whether this is his 
understanding and intention as well.
  Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
  Mr. MICA. I yield to the gentleman from North Carolina.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I commend the gentleman. 
The San Marcos National Monument in St. Augustine, Florida, is one of 
the outstanding examples of parks for the east coast, and his effort is 
commendable.
  As the gentleman can appreciate, we cannot make commitments on future 
appropriations, but we will certainly consider the gentleman's request 
once the project is authorized.
  Mr. MICA. I thank the chairman for his response.
  Ms. MILLENDER-McDONALD. Mr. Chairman, I move to strike the last word.
  I would like to engage in a colloquy with the chairman on the 
Department of the Interior's renewable portfolio and specifically our 
Nation's geothermal resources.
  The vast majority of proven geothermal resources in the United States 
are located on Federal lands. Efficient administration of permits to 
prospect for geothermal energy on Federal lands is essential to 
harnessing our geothermal resources. I am proposing that the Bureau of 
Land Management conduct a report-assessing permit administration 
associated with our geothermal resources and a strategic plan on how we 
can best utilize our Nation's clean and efficient energy resources.

[[Page 12548]]

  This report sets the stage to address a critically underdeveloped 
energy segment of our national renewable energy portfolio. The problem 
was cited in a January, 2004, Associated Press article which stated 
that the Federal Government has a backlog of 230 lease applications to 
prospect for geothermal energy. This article also stated that the 
average age of an application to prospect geothermal sites is 9 years.
  The urgency of this situation is already upon us. One has only to 
look at the high cost of natural gas, which is the preferred energy 
source for new electric generation plants. However, the Energy 
Information Agency recently reported that the delivery price of natural 
gas is at $6 per thousand cubic feet, and it is a four-fold increase 
since 1995. This situation is robbing our economic recovery of 
essential dollars to create jobs and increase our reliance on foreign-
owned energy resources.
  I look forward to working with the chairman and the committee during 
the conference in securing resources and focus on geothermal resource 
issues. Specifically, I think we will gain an accurate understanding of 
geothermal resource permit processing within the Federal Government and 
what we need to do to improve that process. I believe that it is in the 
best interest of the American people and this committee to expedite the 
use of geothermal resources to meet our ever-growing electricity needs 
and improve our air quality.
  Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentlewoman 
yield?
  Ms. MILLENDER-McDONALD. I yield to the gentleman from North Carolina.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I thank the gentlewoman 
from California for yielding to me and greatly appreciate her continued 
leadership on this issue. I look to continue work with her during the 
conference on this very important issue.
  Mr. GILCHREST. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I would like to enter into a colloquy with the 
gentleman from North Carolina (Mr. Taylor), chairman of the 
subcommittee, in relationship to an invasive species issue in the State 
of Maryland.
  Invasive species all across this country have wreaked havoc on a 
number of ecosystems from California to the Great Lakes to Florida to 
numerous areas of the east coast. One of the specific invasive species 
that we are dealing with in Maryland is called a nutria. It looks 
exactly like a rat, only it gets to be about 30 pounds.
  This was to a certain extent brought to the United States with the 
blessings of Fish and Wildlife Service to add to the trapping economy 
with possum, groundhogs, and a number of other species for their pelts 
and for their meat. Nobody liked the pelt of the nutria. Nobody liked 
the meat. And all of a sudden this particular species became invasive 
and has destroyed tens of thousands of acres of wetlands across the 
United States, nearly 10,000 acres of wetland just in the State of 
Maryland. We have been very successful in eradicating nutria in a 
specific wildlife refuge in the State of Maryland that covers about 
28,000 acres, eliminated the nutria there, with the Federal, the State 
government, the local governments, and the private sector. We need to 
do it on about 80,000 more acres in the State of Maryland to completely 
eradicate the nutria in this part of the country, which will set up a 
type of trapping system that can be used in other parts of the country. 
In this Interior appropriations bill, however, there is no money. It 
has been zeroed out. We have spent about $6 million over the last 6 or 
7 years. And I would like to ask the chairman if at some point we could 
work on bringing some dollars to keep this program, very successful 
program, continuing.
  Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
  Mr. GILCHREST. I yield to the gentleman from North Carolina.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I assure the gentleman 
that the subcommittee continues to support this very important effort. 
Allocation constrained us from increasing funding for the program in 
our fiscal year 2005 recommendations, but we have included a general 
increase of $2 million for invasive species research, and I think that 
this program may qualify for some of those funds.
  Mr. GILCHREST. Mr. Chairman, I thank the gentleman very much. This is 
a fine example of a great, successful program; and we will work with 
the chairman of the committee.
  Ms. NORTON. Mr. Chairman, I rise to strike the last word.
  Mr. Chairman, I would hope that an amendment for the study of the 
crime and accident rate in the most-used national parks would be made 
in order and regret that it is not made in order. The issue is so 
important, I would like to discuss it on the floor at this time.
  There have been troublesome reports of increases in crime and vehicle 
accidents in the national parks. It first surfaced perhaps in a major 
way here in the District of Columbia when former Police Chief Teresa 
Chambers complained that she could no longer adequately cover the park 
territory entrusted to her. She said that there had been redeployment 
of her troops to cover monuments and other important places after 9/11.
  But then I began to note complaints of a rise in crime and 
homelessness in parks here and around the Nation as well. The crush of 
crowds we now understand all the parks are experiencing during this 
season makes this claim much more credible.
  I want to be clear that I take no position on whether there has been 
an increase in crime or accidents. I really do not know. This was only 
a request for a study so that we could begin to find out. The study 
would go to the appropriate committees; and they could decide what, if 
anything, to do with it. It would have looked at the heavily used units 
of the national parks from 1998 for about 6 years to give us a critical 
mass of years to look at crime and to look at accidents on nearby 
roadways.
  I noted that right after 9/11, there was a bump up in the number of 
park police just as there was a bump up in police everywhere; but park 
police stabilized while, for example, Capitol Police continued to soar. 
And I do not want to make any invidious comparisons here. We need all 
the help we can get on the Hill. But I cannot help but be moved by the 
fact that if we are going to have millions upon millions of people 
visiting our parks, they are protected not only against accidents and 
against crime but they are protected by the patrols in the parks 
against terrorism as well.

                              {time}  1715

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


                       Payments in Lieu of Taxes

       For expenses necessary to implement the Act of October 20, 
     1976, as amended (31 U.S.C.

[[Page 12549]]

     6901-6907), $226,000,000, of which not to exceed $400,000 
     shall be available for administrative expenses: Provided, 
     That no payment shall be made to otherwise eligible units of 
     local government if the computed amount of the payment is 
     less than $100.

                        Office of the Solicitor


                         Salaries and Expenses

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

                      Office of Inspector General


                         Salaries and Expenses

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

             Office of Special Trustee for American Indians


                         Federal Trust Programs

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


                       Indian Land Consolidation

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

          Natural Resources Damage Assessment and Restoration


                Natural Resource Damage Assessment Fund

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


                       ADMINISTRATIVE PROVISIONS

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

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes: Provided, That no funds shall be made 
     available under this authority until funds specifically made 
     available to the Department of the Interior for emergencies 
     shall have been exhausted: Provided further, That all funds 
     used pursuant to this section are hereby designated by 
     Congress to be ``emergency requirements'' pursuant to H. Res. 
     649 and section 402 of S. Con. Res. 95, the concurrent 
     resolution on the budget for fiscal year 2005, and must be 
     replenished by a supplemental appropriation which must be 
     requested as promptly as possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of wildland fires on or threatening lands under 
     the jurisdiction of the Department of the Interior; for the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire operations'' 
     shall be exhausted within 30 days: Provided further, That all 
     funds used pursuant to this section are hereby designated by 
     Congress to be ``emergency requirements'' pursuant to section 
     402 of S. Con. Res. 95 (108th Congress), as made applicable 
     to the House of Representatives by H. Res. 649 (108th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2005, and must be replenished by a supplemental 
     appropriation which must be requested as promptly as 
     possible: Provided further, That such replenishment funds 
     shall be used to reimburse, on a pro rata basis, accounts 
     from which emergency funds were transferred.
       Sec. 103. Appropriations made to the Department of the 
     Interior shall hereafter be available for operation of 
     warehouses, garages, shops, and similar facilities, wherever 
     consolidation of activities will contribute to efficiency or 
     economy, and said appropriations shall be reimbursed for 
     services rendered to any other activity in the same manner as 
     authorized by sections 1535 and 1536 of title 31, United 
     States Code: Provided, That reimbursements for costs and 
     supplies, materials, equipment, and for services rendered may 
     be credited to the appropriation current at the time such 
     reimbursements are received.
       Sec. 104. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved

[[Page 12550]]

     by the Secretary; and the payment of dues, when authorized by 
     the Secretary, for library membership in societies or 
     associations which issue publications to members only or at a 
     price to members lower than to subscribers who are not 
     members.
       Sec. 105. Appropriations available to the Department of the 
     Interior for salaries and expenses shall hereafter be 
     available for uniforms or allowances therefor, as authorized 
     by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
       Sec. 106. Annual appropriations made to the Department of 
     the Interior shall hereafter be available for obligation in 
     connection with contracts issued for services or rentals for 
     periods not in excess of 12 months beginning at any time 
     during the fiscal year.
       Sec. 107. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     preleasing, leasing and related activities placed under 
     restriction in the President's moratorium statement of June 
     12, 1998, in the areas of northern, central, and southern 
     California; the North Atlantic; Washington and Oregon; and 
     the eastern Gulf of Mexico south of 26 degrees north latitude 
     and east of 86 degrees west longitude.
       Sec. 108. No funds provided in this title may be expended 
     by the Department of the Interior to conduct offshore oil and 
     natural gas preleasing, leasing and related activities in the 
     eastern Gulf of Mexico planning area for any lands located 
     outside Sale 181, as identified in the final Outer 
     Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
     2002.
       Sec. 109. No funds provided in this title may be expended 
     by the Department of the Interior to conduct oil and natural 
     gas preleasing, leasing and related activities in the Mid-
     Atlantic and South Atlantic planning areas.
       Sec. 110. Notwithstanding any other provisions of law, the 
     National Park Service shall not develop or implement a 
     reduced entrance fee program to accommodate non-local travel 
     through a unit. The Secretary may provide for and regulate 
     local non-recreational passage through units of the National 
     Park System, allowing each unit to develop guidelines and 
     permits for such activity appropriate to that unit.
       Sec. 111. Advance payments made to the Department of the 
     Interior to Indian tribes, tribal organizations, and tribal 
     consortia pursuant to the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.) or the 
     Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et 
     seq.) may hereafter be invested by the Indian tribe, tribal 
     organization, or consortium before such funds are expended 
     for the purposes of the grant, compact, or annual funding 
     agreement so long as such funds are--
       (1) invested by the Indian tribe, tribal organization, or 
     consortium only in obligations of the United States, or in 
     obligations or securities that are guaranteed or insured by 
     the United States, or mutual (or other) funds registered with 
     the Securities and Exchange Commission and which only invest 
     in obligations of the United States or securities that are 
     guaranteed or insured by the United States; or
       (2) deposited only into accounts that are insured by an 
     agency or instrumentality of the United States, or are fully 
     collateralized to ensure protection of the funds, even in the 
     event of a bank failure.
       Sec. 112. Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of Special 
     Trustee for American Indians and any unobligated balances 
     from prior appropriations Acts made under the same headings 
     shall be available for expenditure or transfer for Indian 
     trust management and reform activities, except that total 
     funding for historical accounting activities shall not exceed 
     amounts specifically designated in this Act for such purpose.
       Sec. 113. Notwithstanding any other provision of law, for 
     the purpose of reducing the backlog of Indian probate cases 
     in the Department of the Interior, the hearing requirements 
     of chapter 10 of title 25, United States Code, are deemed 
     satisfied by a proceeding conducted by an Indian probate 
     judge, appointed by the Secretary without regard to the 
     provisions of title 5, United States Code, governing the 
     appointments in the competitive service, for such period of 
     time as the Secretary determines necessary: Provided, That 
     the basic pay of an Indian probate judge so appointed may be 
     fixed by the Secretary without regard to the provisions of 
     chapter 51, and subchapter III of chapter 53 of title 5, 
     United States Code, governing the classification and pay of 
     General Schedule employees, except that no such Indian 
     probate judge may be paid at a level which exceeds the 
     maximum rate payable for the highest grade of the General 
     Schedule, including locality pay.
       Sec. 114. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2005. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.
       Sec. 115. Funds appropriated for the Bureau of Indian 
     Affairs for postsecondary schools for fiscal year 2005 shall 
     be allocated among the schools proportionate to the unmet 
     need of the schools as determined by the Postsecondary 
     Funding Formula adopted by the Office of Indian Education 
     Programs.
       Sec. 116. (a) The Secretary of the Interior shall take such 
     action as may be necessary to ensure that the lands 
     comprising the Huron Cemetery in Kansas City, Kansas (as 
     described in section 123 of Public Law 106-291) are used only 
     in accordance with this section.
       (b) The lands of the Huron Cemetery shall be used only: (1) 
     for religious and cultural uses that are compatible with the 
     use of the lands as a cemetery; and (2) as a burial ground.
       Sec. 117. Notwithstanding any other provision of law, in 
     conveying the Twin Cities Research Center under the authority 
     provided by Public Law 104-134, as amended by Public Law 104-
     208, the Secretary may accept and retain land and other forms 
     of reimbursement: Provided, That the Secretary may retain and 
     use any such reimbursement until expended and without further 
     appropriation: (1) for the benefit of the National Wildlife 
     Refuge System within the State of Minnesota; and (2) for all 
     activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
       Sec. 118. Notwithstanding other provisions of law, the 
     National Park Service hereafter may authorize, through 
     cooperative agreement, the Golden Gate National Parks 
     Association to provide fee-based education, interpretive and 
     visitor service functions within the Crissy Field and Fort 
     Point areas of the Presidio.
       Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received 
     by the Bureau of Land Management for the sale of seeds or 
     seedlings, may hereafter be credited to the appropriation 
     from which funds were expended to acquire or grow the seeds 
     or seedlings and are available without fiscal year 
     limitation.
       Sec. 120. The Secretary of the Interior may use or contract 
     for the use of helicopters or motor vehicles on the Sheldon 
     and Hart National Wildlife Refuges for the purpose of 
     capturing and transporting horses and burros. The provisions 
     of subsection (a) of the Act of September 8, 1959 (18 U.S.C. 
     47(a)) shall not be applicable to such use. Such use shall be 
     in accordance with humane procedures prescribed by the 
     Secretary.
       Sec. 121. Funds provided in this Act for Federal land 
     acquisition by the National Park Service for Shenandoah 
     Valley Battlefields National Historic District, New Jersey 
     Pinelands Preserve, and Ice Age National Scenic Trail may be 
     used for a grant to a State, a local government, or any other 
     governmental land management entity for the acquisition of 
     lands without regard to any restriction on the use of Federal 
     land acquisition funds provided through the Land and Water 
     Conservation Fund Act of 1965 as amended.
       Sec. 122. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       Sec. 123. None of the funds made available in this Act may 
     be used: (1) to demolish the bridge between Jersey City, New 
     Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
     such bridge, when such pedestrian use is consistent with 
     generally accepted safety standards.
       Sec. 124. None of the funds made available in this or any 
     other Act for any fiscal year may be used to designate, or to 
     post any sign designating, any portion of Canaveral National 
     Seashore in Brevard County, Florida, as a clothing-optional 
     area or as an area in which public nudity is permitted, if 
     such designation would be contrary to county ordinance.
       Sec. 125. None of the funds in this or any other Act can be 
     used to compensate the Special Master and the Special Master-
     Monitor, and all variations thereto, appointed by the United 
     States District Court for the District of Columbia in the 
     Cobell v. Norton litigation at an annual rate that exceeds 
     200 percent of the highest Senior Executive Service rate of 
     pay for the Washington-Baltimore locality pay area.
       Sec. 126. The Secretary of the Interior may use 
     discretionary funds to pay private attorneys fees and costs 
     for employees and former employees of the Department of the 
     Interior reasonably incurred in connection with Cobell v. 
     Norton to the extent that such fees and costs are not paid by 
     the Department of Justice or by private insurance. In no case 
     shall the Secretary make payments under this section that 
     would result in payment of hourly fees in excess of the 
     highest hourly rate approved by the District Court for the 
     District of Columbia for counsel in Cobell v. Norton.
       Sec. 127. The United States Fish and Wildlife Service 
     shall, in carrying out its responsibilities to protect 
     threatened and endangered species of salmon, implement a 
     system of mass marking of salmonid stocks, intended for 
     harvest, that are released from

[[Page 12551]]

     Federally operated or Federally financed hatcheries including 
     but not limited to fish releases of coho, chinook, and 
     steelhead species. Marked fish must have a visible mark that 
     can be readily identified by commercial and recreational 
     fishers.
       Sec. 128. Such sums as may be necessary from ``Departmental 
     Management, Salaries and Expenses'', shall be transferred to 
     ``United States Fish and Wildlife Service, Resource 
     Management'' for operational needs at the Midway Atoll 
     National Wildlife Refuge airport.
       Sec. 129. (a) In General.--Nothing in section 134 of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2002 (115 Stat. 443) affects the decision 
     of the United States Court of Appeals for the 10th Circuit in 
     Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
       (b) Use of Certain Indian Land.--Nothing in this section 
     permits the conduct of gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) on land described in 
     section 123 of the Department of the Interior and Related 
     Agencies Appropriations Act, 2001 (114 Stat. 944), or land 
     that is contiguous to that land, regardless of whether the 
     land or contiguous land has been taken into trust by the 
     Secretary of the Interior.
       Sec. 130. No funds appropriated for the Department of the 
     Interior by this Act or any other Act shall be used to study 
     or implement any plan to drain Lake Powell or to reduce the 
     water level of the lake below the range of water levels 
     required for the operation of the Glen Canyon Dam.
       Sec. 131. Notwithstanding the limitation in subparagraph 
     (2)(B) of section 18(a) of the Indian Gaming Regulatory Act 
     (25 U.S.C. 2717(a)), the total amount of all fees imposed by 
     the National Indian Gaming Commission for fiscal year 2006 
     shall not exceed $12,000,000.
       Sec. 132. Notwithstanding any implementation of the 
     Department of the Interior's trust reorganization plan within 
     fiscal years 2004 or 2005, funds appropriated for fiscal year 
     2005 shall be available to the tribes within the California 
     Tribal Trust Reform Consortium and to the Salt River Pima 
     Maricopa Indian Community, the Confederated Salish-Kootenai 
     Tribes of the Flathead Reservation and the Chippewa Cree 
     Tribe of the Rocky Boys Reservation on the same basis as 
     funds were distributed in fiscal year 2004. This 
     Demonstration Project shall operate separate and apart from 
     the Department of the Interior's trust reform reorganization, 
     and the Department shall not impose its trust management 
     infrastructure upon or alter the existing trust resource 
     management systems of the above referenced tribes having a 
     self-governance compact and operating in accordance with the 
     Tribal Self-Governance Program set forth in 25 U.S.C. 
     Sections 458aa-458hh: Provided, That the California Trust 
     Reform Consortium and any other participating tribe agree to 
     carry out their responsibilites under the same fiduciary 
     standards as those to which the Secretary of the Interior is 
     held: Provided further, That they demonstrate, and continue 
     to demonstrate, to the satisfaction of the Secretary that 
     they have the capability to do so.
       Sec. 133. None of the funds appropriated or otherwise made 
     available by this or any other Act, hereafter enacted, may be 
     used to permit the use of the National Mall for a special 
     event, unless the permit expressly prohibits the erection, 
     placement, or use of structures and signs bearing commercial 
     advertising. The Secretary may allow for recognition of 
     sponsors of special events: Provided, That the size and form 
     of the recognition shall be consistent with the special 
     nature and sanctity of the Mall and any lettering or design 
     identifying the sponsor shall be no larger than one-third the 
     size of the lettering or design identifying the special 
     event. In approving special events, the Secretary shall 
     ensure, to the maximum extent practicable, that public use 
     of, and access to the Mall is not restricted. For purposes of 
     this section, the term ``special event'' shall have the 
     meaning given to it by section 7.96(g)(1)(ii) of title 36, 
     Code of Federal Regulations.

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

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

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

                       state and private forestry

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

                         national forest system

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


                Amendment No. 5 Offered by Mr. Tancredo

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

       Amendment No. 5 offered by Mr. Tancredo:
       In title II, in the item relating to ``NATIONAL FOREST 
     SYSTEM'', insert after the first dollar amount the following 
     ``(increased by $23,000,000)''.
       In title II, in the item relating to ``NATIONAL ENDOWMENT 
     FOR THE ARTS--GRANTS AND ADMINISTRATION'', insert after the 
     first dollar amount the following: (``reduced by 
     $60,000,000)''.

  Mr. TANCREDO. Mr. Chairman, we have had a robust debate on the issue 
of funding for the National Endowment for the Arts and Humanities, and 
I do not intend to revisit that particular part of this debate. I am, 
however, going to suggest that we should reduce the budget for the 
National Endowment by $60 million and redirect the money to the budget 
for the U.S. Forest Service for law enforcement services.
  Thankfully, the committee rejected calls by the administration to 
increase financing for the National Endowment for the Arts by as much 
as $20 million this year, but spending $120 million and change for 
taxpayers' funded arts still makes no sense.
  Many people on both sides of the aisle have long recognized the need 
for additional law enforcement personnel on our public lands. The 
sprawling Coronado National Forest in southern Arizona, for example, 
which shares a border with Mexico, has fewer than a dozen law 
enforcement personnel, this despite the fact that it has become a 
hotbed for drug and immigrant smuggling and a welcome mat for would-be 
terrorists attempting to enter the United States from Mexico through 
sparsely patrolled wildlands.
  Similar problems are faced by other public land agencies, including 
the National Park Service. A young park ranger in Organ Pipe Cactus 
National Monument was murdered by Mexican drug smugglers in 2002. The 
public land agencies have less than 200 law enforcement officers 
combined to patrol almost 6,000 miles of public lands adjacent to the 
border.
  These challenges are not unique to the Coronado, or to public lands 
on the border. National forests across the country face a shortage of 
law enforcement personnel as well. This hampers the ability of the 
agencies to combat everything from irresponsible recreation to 
marijuana cultivation on public lands. It also inhibits the ability of 
the agencies to maintain a safe and enjoyable environment for visitors.
  Enhancing the ability of the Forest Service to help maintain a safe 
environment for visitors and to enhance homeland security on public 
lands would seem to be a far more important priority to fund than 
spending more than $100 million on federally subsidized art.

[[Page 12552]]

  There was a discussion, as I say, during the last amendment that we 
are in the process here of trying to establish priorities for the 
budget of the United States, and certainly it seems to me to be 
appropriate for us to make a decision as to whether or not we would 
rather have a more vigorous enforcement of law in our national parks, 
which, by every calculation, by every agency that has looked at this 
issue, says we are in dire shape because of massive influences, the 
massive number of people coming through the area, coming through 
illegally and for a variety of purposes, some, of course, just coming 
for jobs, others coming with the transportation of illegal narcotics.
  It is a very dangerous place, a place I have along the southern and 
northern border both visited many times. In each case I am confronted 
by folks down there, the Border Patrol, the Park Service, everybody who 
is involved with any sort of enforcement activity, law enforcement 
activity, who say they are in desperate need of help, that they are 
overwhelmed.
  As I say, 200 people are committed to trying to protect a border 
literally thousands of miles long. It does not make sense. It only 
makes sense that in this bill, in a bill that is for the Interior, a 
bill that is supposed to reflect our priorities for Interior and 
management of our public lands, it only makes sense that we would 
reorient the budget and reprioritize it to provide more for the 
protection of our public lands and less for nationally subsidized art.
  Mr. DICKS. Mr. Chairman, I rise in opposition to the gentleman's 
amendment.
  Mr. Chairman, obviously a $60 million cut in the National Endowment 
for the Arts would be a disaster. I certainly understand the 
gentleman's concern about law enforcement and other issues in the 
budget, and we will be glad to work with him on those issues, but not 
to take $60 million out. A similar amendment was rejected by a vote of 
112 to 313 last year.
  Mr. Chairman, I would urge my colleagues in the House to again 
soundly defeat the Tancredo amendment. This amendment would have a 
devastating consequence on the Endowment for the Arts, and I think the 
endowments, as I said previously, are doing a tremendous job for our 
country and deserve to be supported. So I urge a no vote on the 
Tancredo amendment.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Colorado (Mr. Tancredo).
  The question was taken; and the Chairman pro tempore announced that 
the noes appeared to have it.
  Mr. TANCREDO. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Colorado 
(Mr. Tancredo) will be postponed.
  The CHAIRMAN pro tempore. The Clerk will read.
  The Clerk read as follows:

                        wildland fire management

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $1,734,865,000, to remain available until expended: Provided, 
     That such funds including unobligated balances under this 
     heading, are available for repayment of advances from other 
     appropriations accounts previously transferred for such 
     purposes: Provided further, That such funds shall be 
     available to reimburse State and other cooperating entities 
     for services provided in response to wildfire and other 
     emergencies or disasters to the extent such reimbursements by 
     the Forest Service for non-fire emergencies are fully repaid 
     by the responsible emergency management agency: Provided 
     further, That not less than 50 percent of any unobligated 
     balances remaining (exclusive of amounts for hazardous fuels 
     reduction) at the end of fiscal year 2004 shall be 
     transferred, as repayment for past advances that have not 
     been repaid, to the fund established pursuant to section 3 of 
     Public Law 71-319 (16 U.S.C. 576 et seq.): Provided further, 
     That notwithstanding any other provision of law, $8,000,000 
     of funds appropriated under this appropriation shall be used 
     for Fire Science Research in support of the Joint Fire 
     Science Program: Provided further, That all authorities for 
     the use of funds, including the use of contracts, grants, and 
     cooperative agreements, available to execute the Forest and 
     Rangeland Research appropriation, are also available in the 
     utilization of these funds for Fire Science Research: 
     Provided further, That funds provided shall be available for 
     emergency rehabilitation and restoration, hazardous fuels 
     reduction activities in the urban-wildland interface, support 
     to Federal emergency response, and wildfire suppression 
     activities of the Forest Service: Provided further, That of 
     the funds provided, $266,238,000 is for hazardous fuels 
     reduction activities, $13,000,000 is for rehabilitation and 
     restoration, $23,000,000 is for research activities and to 
     make competitive research grants pursuant to the Forest and 
     Rangeland Renewable Resources Research Act, as amended (16 
     U.S.C. 1641 et seq.), $40,000,000 is for State fire 
     assistance, $8,000,000 is for volunteer fire assistance, 
     $15,000,000 is for forest health activities on Federal lands 
     and $10,000,000 is for forest health activities on State and 
     private lands: Provided further, That amounts in this 
     paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', and ``Forest and 
     Rangeland Research'' accounts to fund State fire assistance, 
     volunteer fire assistance, forest health management, forest 
     and rangeland research, vegetation and watershed management, 
     heritage site rehabilitation, and wildlife and fish habitat 
     management and restoration: Provided further, That transfers 
     of any amounts in excess of those authorized in this 
     paragraph, shall require approval of the House and Senate 
     Committees on Appropriations in compliance with reprogramming 
     procedures contained in House Report 108-330: Provided 
     further, That the costs of implementing any cooperative 
     agreement between the Federal Government and any non-Federal 
     entity may be shared, as mutually agreed on by the affected 
     parties: Provided further, That in addition to funds provided 
     for State Fire Assistance programs, and subject to all 
     authorities available to the Forest Service under the State 
     and Private Forestry Appropriations, up to $15,000,000 may be 
     used on adjacent non-Federal lands for the purpose of 
     protecting communities when hazard reduction activities are 
     planned on national forest lands that have the potential to 
     place such communities at risk: Provided further, That 
     included in funding for hazardous fuel reduction is 
     $5,000,000 for implementing the Community Forest Restoration 
     Act, Public Law 106-393, title VI, and any portion of such 
     funds shall be available for use on non-Federal lands in 
     accordance with authorities available to the Forest Service 
     under the State and Private Forestry Appropriation: Provided 
     further, That in using the funds provided in this Act for 
     hazardous fuels reduction activities, the Secretary of 
     Agriculture may conduct fuel reduction treatments on Federal 
     lands using all contracting and hiring authorities available 
     to the Secretary applicable to hazardous fuel reduction 
     activities under the wildland fire management accounts: 
     Provided further, That notwithstanding Federal Government 
     procurement and contracting laws, the Secretaries may conduct 
     fuel reduction treatments, rehabilitation and restoration, 
     and other activities authorized under this heading on and 
     adjacent to Federal lands using grants and cooperative 
     agreements: Provided further, That notwithstanding Federal 
     Government procurement and contracting laws, in order to 
     provide employment and training opportunities to people in 
     rural communities, the Secretaries may award contracts, 
     including contracts for monitoring activities, to local 
     private, non-profit, or cooperative entities; Youth 
     Conservation Corps crews or related partnerships, with State, 
     local and non-profit youth groups; small or micro-businesses; 
     or other entities that will hire or train a significant 
     percentage of local people to complete such contracts: 
     Provided further, That the authorities described above 
     relating to contracts, grants, and cooperative agreements are 
     available until all funds provided in this title for 
     hazardous fuels reduction activities in the urban wildland 
     interface are obligated: Provided further, That the Secretary 
     of the Interior and the Secretary of Agriculture may 
     authorize the transfer of funds appropriated for wildland 
     fire management, in an aggregate amount not to exceed 
     $12,000,000, between the Departments when such transfers 
     would facilitate and expedite jointly funded wildland fire 
     management programs and projects.


               Amendment Offered by Ms. Hooley of Oregon

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

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

  Ms. HOOLEY of Oregon. Mr. Chairman, first of all, I want to thank the 
entire committee for their commitment to fight forest fires. We all 
know

[[Page 12553]]

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

                              {time}  1730

  Five years ago, I came to this body during the very same debate we 
are having today. At that time I worked with chairman of the 
Subcommittee on Interior and Related Agencies, the gentleman from Ohio 
(Mr. Regula), and the ranking member, the gentleman from Washington 
(Mr. Dicks), to provide the U.S. Fish and Wildlife Service with 
$300,000 to study the feasibility of removing the Concho water snake 
from the threatened species list. To this day, the Fish and Wildlife 
Service has not issued a final decision. There has been no 
accountability as to how the service has used the funding that was 
provided to them.
  In June 1986, the U.S. Fish and Wildlife Service listed the Concho 
water snake as a threatened species. Since that time, the Colorado 
River Municipal Water District in Big Spring, Texas, has spent over $4 
million studying the snake and documenting its viability along the 
Colorado River in West Texas.
  In June 1998, after documenting a species population and distribution 
much larger than previous Fish and Wildlife estimates, the water 
district submitted a petition to delist the snake. In addition, the 
water district has documented that the construction of Lake Ivie, which 
the Fish and Wildlife Service argued would threaten the snake, has 
actually benefited the species by stabilizing stream flow and its 
habitat.
  According to the statute, the U.S. Fish and Wildlife Service was 
supposed to provide a preliminary finding within 90 days of a petition 
to delist and a final decision within 12 months.
  It took almost 14 months for the Fish and Wildlife Service to submit 
their 90-day petition finding, and they still have not issued a final 
decision on the issue. Although they claim that they were trying to 
finish a population viability study, the Fish and Wildlife Service is 
not moving on the issue.
  West Texas as suffered from drought over the last several years, 
which has certainly affected the stream flows along the Colorado River. 
Still, the Concho water snake continues to thrive and reproduce in the 
area. But there are statutory requirements for the Colorado River 
Municipal Water District to release certain amounts of water from the 
lakes it controls. Oftentimes, water releases from the lakes are more 
than the stream flows into them. How can we sustain this? Currently, 
Lake Spence on the Upper Colorado River is at less than 10 percent of 
capacity. I simply ask that common sense prevail and that the Fish and 
Wildlife Service move forward with issuing the final decision regarding 
the status of the Concho water snake on the threatened species list.
  Mr. Chairman, if the chairman and ranking member would engage, I 
would be very happy not to offer this amendment at the appropriate time 
if I could have the assurances of the chairman and the ranking member 
that they will work with me and the Fish and Wildlife Service to do 
what was promised 5 years ago.
  Mr. TAYLOR of North Carolina. Mr. Chairman, will the gentleman yield?
  Mr. STENHOLM. I yield to the gentleman from North Carolina.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I certainly share the 
gentleman's concern, and we will work with the gentleman. It is 
outrageous, and we appreciate the gentleman bringing this to our 
attention; and we will work toward that.
  Mr. DICKS. Mr. Chairman, if the gentleman will yield, I want to tell 
him that I will be glad to cooperate and glad to work with him on this 
issue. We can call a meeting with the Fish and Wildlife Service or 
whatever he wants to do to see if we cannot clarify what the problem 
is.
  Mr. STENHOLM. Mr. Chairman, reclaiming my time, I thank the chairman 
and the ranking member for that assurance.

[[Page 12554]]

  What I want to get done is I want the snake delisted, as we have 
spent millions of dollars on something that should never have been done 
to start with; but 5 years ago, Fish and Wildlife promised this 
committee that it would be done. They have not delivered.
  I look forward to working with my colleagues and the agency to get 
the snake delisted, and I appreciate my colleagues' cooperation.
  The CHAIRMAN pro tempore (Mr. Ose). The Clerk will read.
  The Clerk read as follows:

                  capital improvement and maintenance

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

                            land acquisition

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

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

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


               administrative provisions, forest service

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


                             Point of Order

  Mr. GOODLATTE. Mr. Chairman, I make a point of order.
  The CHAIRMAN pro tempore. The gentleman will state his point of 
order.
  Mr. GOODLATTE. I make a point of order against the final sentence of 
the sixth paragraph under the heading of Title II, ``Administrative 
Provisions, Forest Service,'' page 77, lines 6 through 8, in that it 
violates House rule XXI clause 2 by changing existing law and inserting 
legislative language in an appropriations bill.
  The CHAIRMAN pro tempore. Does any Member wish to be heard on the 
point of order?
  If not, the Chair will rule.
  The Chair finds that this provision proposes to change existing law 
by canceling funds under section 8002 for the Farm Security and Rural 
Investment Act of 2002. The provision, therefore, constitutes 
legislation in violation of clause 2 of rule XXI.
  The point of order is sustained, and the provision is stricken from 
the bill.
  The CHAIRMAN pro tempore. The Clerk will read.
  The Clerk read as follows:
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     reprogramming procedures contained in House Report 108-330.
       Not more than $72,467,000 of the funds available to the 
     Forest Service shall be transferred to the Working Capital 
     Fund of the Department of Agriculture.
       Funds available to the Forest Service shall be available to 
     conduct a program of not less than $2,000,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps.
       Of the funds available to the Forest Service, $2,500 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, $3,300,000 
     may be advanced in a lump sum to the National Forest 
     Foundation to aid conservation partnership projects in 
     support of the Forest Service mission, without regard to when 
     the Foundation incurs expenses, for administrative expenses 
     or projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That of the 
     Federal funds made available to the Foundation, $300,000 may 
     be used for Forest Service Centennial activities and, of the 
     total available to the Foundation, no more than $350,000 
     shall be available for administrative expenses: Provided 
     further, That the Foundation shall obtain, by the end of the 
     period of Federal financial assistance, private contributions 
     to match on at least one-for-one basis funds made available 
     by the Forest

[[Page 12555]]

     Service: Provided further, That the Foundation may transfer 
     Federal funds to a non-Federal recipient for a project at the 
     same rate that the recipient has obtained the non-Federal 
     matching funds: Provided further, That authorized investments 
     of Federal funds held by the Foundation may be made only in 
     interest-bearing obligations of the United States or in 
     obligations guaranteed as to both principal and interest by 
     the United States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $2,650,000 of the funds available to the Forest Service shall 
     be available for matching funds to the National Fish and 
     Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, 
     and may be advanced in a lump sum to aid conservation 
     partnership projects in support of the Forest Service 
     mission, without regard to when expenses are incurred, for 
     projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That the 
     Foundation shall obtain, by the end of the period of Federal 
     financial assistance, private contributions to match on at 
     least one-for-one basis funds advanced by the Forest Service: 
     Provided further, That the Foundation may transfer Federal 
     funds to a non-Federal recipient for a project at the same 
     rate that the recipient has obtained the non-Federal matching 
     funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities for sustainable rural development purposes.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to sections 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar non-litigation related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.
       Any appropriations or funds available to the Forest Service 
     may be used for necessary expenses in the event of law 
     enforcement emergencies as necessary to protect natural 
     resources and public or employee safety: Provided, That such 
     amounts shall not exceed $1,000,000.
       For each fiscal year through 2009, the Secretary of 
     Agriculture may transfer or reimburse funds available to the 
     Forest Service, not to exceed $15,000,000, to the Secretary 
     of the Interior or the Secretary of Commerce to expedite 
     conferencing and consultations as required under section 7 of 
     the Endangered Species Act, 16 U.S.C. 1536. The amount of the 
     transfer or reimbursement shall be as mutually agreed by the 
     Secretary of Agriculture and the Secretary of the Interior or 
     Secretary of Commerce, as applicable, or their designees. The 
     amount shall in no case exceed the actual costs of 
     consultation and conferencing.
       An  eligible individual who is employed in any project 
     funded under title V of the Older American Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest Service 
     shall be considered to be a Federal employee for purposes of 
     chapter 171 of title 28, United States Code.
       Any funds appropriated to the Forest Service may be used to 
     meet the non-Federal share requirement in section 502(c) of 
     the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).

                          DEPARTMENT OF ENERGY

                         clean coal technology


                               (deferral)

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

                 fossil energy research and development

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

                 naval petroleum and oil shale reserves

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

                      elk hills school lands fund

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

                          energy conservation

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

                      strategic petroleum reserve

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

                   northeast home heating oil reserve

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

                   energy information administration

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

            administrative provisions, department of energy

       Appropriations under this Act for the current fiscal year 
     shall be available for hire of passenger motor vehicles; 
     hire, maintenance, and operation of aircraft; purchase, 
     repair, and cleaning of uniforms; and reimbursement to the 
     General Services Administration for security guard services.
       From appropriations under this Act, transfers of sums may 
     be made to other agencies of the Government for the 
     performance of work for which the appropriation is made.
       None of the funds made available to the Department of 
     Energy under this Act shall be used to implement or finance 
     authorized price support or loan guarantee programs unless 
     specific provision is made for such programs in an 
     appropriations Act.
       The Secretary is authorized to accept lands, buildings, 
     equipment, and other contributions from public and private 
     sources

[[Page 12556]]

     and to prosecute projects in cooperation with other agencies, 
     Federal, State, private or foreign: Provided, That revenues 
     and other moneys received by or for the account of the 
     Department of Energy or otherwise generated by sale of 
     products in connection with projects of the Department 
     appropriated under this Act may be retained by the Secretary 
     of Energy, to be available until expended, and used only for 
     plant construction, operation, costs, and payments to cost-
     sharing entities as provided in appropriate cost-sharing 
     contracts or agreements: Provided further, That the remainder 
     of revenues after the making of such payments shall be 
     covered, into the Treasury as miscellaneous receipts: 
     Provided further, That any contract, agreement, or provision 
     thereof entered into by the Secretary pursuant to this 
     authority shall not be executed prior to the expiration of 30 
     calendar days (not including any day in which either House of 
     Congress is not in session because of adjournment of more 
     than 3 calendar days to a day certain) from the receipt by 
     the Speaker of the House of Representatives and the President 
     of the Senate of a full comprehensive report on such project, 
     including the facts and circumstances relied upon in support 
     of the proposed project.
       No funds provided in this Act may be expended by the 
     Department of Energy to prepare, issue, or process 
     procurement documents for programs or projects for which 
     appropriations have not been made.
       In addition to other authorities set forth in this Act, the 
     Secretary may accept fees and contributions from public and 
     private sources, to be deposited in a contributed funds 
     account, and prosecute projects using such fees and 
     contributions in cooperation with other Federal, State or 
     private agencies or concerns.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         indian health services

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

                        indian health facilities

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

            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefor as authorized by 5 U.S.C. 5901-5902; 
     and for expenses of attendance at meetings which are 
     concerned with the functions or activities for which the 
     appropriation is made or which will contribute to improved 
     conduct, supervision, or management of those functions or 
     activities.
       In accordance with the provisions of the Indian Health Care 
     Improvement Act, non-Indian patients may be extended health 
     care at all tribally administered or Indian Health Service 
     facilities, subject to charges, and the proceeds along with 
     funds recovered under the Federal Medical Care Recovery Act 
     (42 U.S.C. 2651-2653) shall be credited to the account of the 
     facility providing the service and shall be available without 
     fiscal year limitation. Notwithstanding any other law or 
     regulation, funds transferred from the Department of Housing 
     and Urban Development to the Indian Health Service shall be 
     administered under Public Law 86-121 (the Indian Sanitation 
     Facilities Act) and Public Law 93-638, as amended.
       Funds appropriated to the Indian Health Service in this 
     Act, except those used for administrative and program 
     direction purposes, shall not be subject to limitations 
     directed at curtailing Federal travel and transportation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used for any assessments or 
     charges by the Department of Health and Human Services unless 
     identified in the budget justification and provided in this 
     Act, or approved by the House and Senate Committees on 
     Appropriations through the reprogramming process. Personnel 
     ceilings may not be imposed on the Indian Health Service nor 
     may any action be taken to reduce the full time equivalent 
     level of the Indian Health Service below the level in fiscal 
     year 2002 adjusted upward for the staffing of new and 
     expanded facilities, funding provided for staffing at the 
     Lawton, Oklahoma hospital in fiscal years 2003 and 2004, 
     critical positions not filled in fiscal year 2002, and 
     staffing necessary to carry out the intent of Congress with 
     regard to program increases.
       Notwithstanding any other provision of law, funds 
     previously or herein made available to a tribe or tribal 
     organization through a contract, grant, or agreement 
     authorized by title I or title III or title V of the Indian

[[Page 12557]]

     Self-Determination and Education Assistance Act of 1975 (25 
     U.S.C. 450), may be deobligated and reobligated to a self-
     determination contract under title I, or a self-governance 
     agreement under title V of such Act and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used to implement the final rule 
     published in the Federal Register on September 16, 1987, by 
     the Department of Health and Human Services, relating to the 
     eligibility for the health care services of the Indian Health 
     Service until the Indian Health Service has submitted a 
     budget request reflecting the increased costs associated with 
     the proposed final rule, and such request has been included 
     in an appropriations Act and enacted into law.
       With respect to functions transferred by the Indian Health 
     Service to tribes or tribal organizations, the Indian Health 
     Service is authorized to provide goods and services to those 
     entities, on a reimbursable basis, including payment in 
     advance with subsequent adjustment. The reimbursements 
     received therefrom, along with the funds received from those 
     entities pursuant to the Indian Self-Determination Act, may 
     be credited to the same or subsequent appropriation account 
     which provided the funding. Such amounts shall remain 
     available until expended.
       Reimbursements for training, technical assistance, or 
     services provided by the Indian Health Service will contain 
     total costs, including direct, administrative, and overhead 
     associated with the provision of goods, services, or 
     technical assistance.
       The Indian Health Service may purchase 8.5 acres of land 
     for expansion of parking facilities at the W.W. Hastings 
     hospital in Tahlequah, Oklahoma using third party collections 
     subject to advance approval from the House and Senate 
     Committees on Appropriations.
       The appropriation structure for the Indian Health Service 
     may not be altered without advance approval of the House and 
     Senate Committees on Appropriations.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution

                         salaries and expenses

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

                           facilities capital

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

           administrative provisions, smithsonian institution

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

                        National Gallery of Art


                         salaries and expenses

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


            repair, restoration and renovation of buildings

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

[[Page 12558]]



             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

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

             John F. Kennedy Center for the Performing Arts


                              construction

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

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

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

                 National Endowment for the Humanities


                       grants and administration

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


                            matching grants

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

                       Administrative Provisions

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

                        Commission of Fine Arts


                         Salaries and Expenses

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


               National Capital Arts and Cultural Affairs

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

               Advisory Council on Historic Preservation


                         Salaries and Expenses

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

                  National Capital Planning Commission

                         salaries and expenses

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

                United States Holocaust Memorial Museum


                       Holocaust Memorial Museum

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

                             Presidio Trust

                          presidio trust fund

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

                     TITLE III--GENERAL PROVISIONS

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

[[Page 12559]]

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

[[Page 12560]]

     provide for operations until a subsequent operator can be 
     found through the offering of a new prospectus.
       Sec. 319. Prior to October 1, 2005, the Secretary of 
     Agriculture shall not be considered to be in violation of 
     subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
     solely because more than 15 years have passed without 
     revision of the plan for a unit of the National Forest 
     System. Nothing in this section exempts the Secretary from 
     any other requirement of the Forest and Rangeland Renewable 
     Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 
     law: Provided, That if the Secretary is not acting 
     expeditiously and in good faith, within the funding 
     available, to revise a plan for a unit of the National Forest 
     System, this section shall be void with respect to such plan 
     and a court of proper jurisdiction may order completion of 
     the plan on an accelerated basis.
       Sec. 320. No funds provided in this Act may be expended to 
     conduct preleasing, leasing and related activities under 
     either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     within the boundaries of a National Monument established 
     pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     as such boundary existed on January 20, 2001, except where 
     such activities are allowed under the Presidential 
     proclamation establishing such monument.
       Sec. 321. Extension of Forest Service Conveyances Pilot 
     Program.--Section 329 of the Department of the Interior and 
     Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d 
     note; Public Law 107-63) is amended--
       (1) in subsection (b), by striking ``30'' and inserting 
     ``40'';
       (2) in subsection (c) by striking ``8'' and inserting 
     ``13''; and
       (3) in subsection (d), by striking ``2006'' and inserting 
     ``2008''.
       Sec. 322. Employees of the foundations established by Acts 
     of Congress to solicit private sector funds on behalf of 
     Federal land management agencies shall, hereafter, qualify 
     for General Service Administration contract airfares.
       Sec. 323. In entering into agreements with foreign 
     countries pursuant to the Wildfire Suppression Assistance Act 
     (42 U.S.C. 1856m) the Secretary of Agriculture and the 
     Secretary of the Interior are authorized to enter into 
     reciprocal agreements in which the individuals furnished 
     under said agreements to provide wildfire services are 
     considered, for purposes of tort liability, employees of the 
     country receiving said services when the individuals are 
     engaged in fire suppression: Provided, That the Secretary of 
     Agriculture or the Secretary of the Interior shall not enter 
     into any agreement under this provision unless the foreign 
     country (either directly or through its fire organization) 
     agrees to assume any and all liability for the acts or 
     omissions of American firefighters engaged in firefighting in 
     a foreign country: Provided further, That when an agreement 
     is reached for furnishing fire fighting services, the only 
     remedies for acts or omissions committed while fighting fires 
     shall be those provided under the laws of the host country, 
     and those remedies shall be the exclusive remedies for any 
     claim arising out of fighting fires in a foreign country: 
     Provided further, That neither the sending country nor any 
     legal organization associated with the firefighter shall be 
     subject to any legal action whatsoever pertaining to or 
     arising out of the firefighter's role in fire suppression.
       Sec. 324. Notwithstanding any other provision of law or 
     regulation, to promote the more efficient use of the health 
     care funding allocation for fiscal year 2005, the Eagle Butte 
     Service Unit of the Indian Health Service, at the request of 
     the Cheyenne River Sioux Tribe, may pay base salary rates to 
     health professionals up to the highest grade and step 
     available to a physician, pharmacist, or other health 
     professional and may pay a recruitment or retention bonus of 
     up to 25 percent above the base pay rate.
       Sec. 325. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this Act or any 
     other appropriations Act.
       Sec. 326. None of the funds in this Act may be used to 
     prepare or issue a permit or lease for oil or gas drilling in 
     the Finger Lakes National Forest, New York, during fiscal 
     year 2005.
       Sec. 327. None of the funds made available in this Act may 
     be used for the planning, design, or construction of 
     improvements to Pennsylvania Avenue in front of the White 
     House without the advance approval of the Committees on 
     Appropriations.
       Sec. 328. In awarding a Federal Contract with funds made 
     available by this Act, the Secretary of Agriculture and the 
     Secretary of the Interior (the ``Secretaries'') may, in 
     evaluating bids and proposals, give consideration to local 
     contractors who are from, and who provide employment and 
     training for, dislocated and displaced workers in an 
     economically disadvantaged rural community, including those 
     historically timber-dependent areas that have been affected 
     by reduced timber harvesting on Federal lands and other 
     forest-dependent rural communities isolated from significant 
     alternative employment opportunities: Provided, That the 
     Secretaries may award grants or cooperative agreements to 
     local non-profit entities, Youth Conservation Corps or 
     related partnerships with State, local or non-profit youth 
     groups, or small or disadvantaged business: Provided further, 
     That the contract, grant, or cooperative agreement is for 
     forest hazardous fuels reduction, watershed or water quality 
     monitoring or restoration, wildlife or fish population 
     monitoring, or habitat restoration or management: Provided 
     further, That the terms ``rural community'' and 
     ``economically disadvantaged'' shall have the same meanings 
     as in section 2374 of Public Law 101-624: Provided further, 
     That the Secretaries shall develop guidance to implement this 
     section: Provided further, That nothing in this section shall 
     be construed as relieving the Secretaries of any duty under 
     applicable procurement laws, except as provided in this 
     section.
       Sec. 329. No funds appropriated in this Act for the 
     acquisition of lands or interests in lands may be expended 
     for the filing of declarations of taking or complaints in 
     condemnation without the approval of the House and Senate 
     Committees on Appropriations: Provided, That this provision 
     shall not apply to funds appropriated to implement the 
     Everglades National Park Protection and Expansion Act of 
     1989, or to funds appropriated for Federal assistance to the 
     State of Florida to acquire lands for Everglades restoration 
     purposes.
       Sec. 330. Section 315(f) of the Department of the Interior 
     and Related Agencies Appropriations Act, 1996 (as contained 
     in section 101(c) of Public Law 104-134; 110 Stat. 1321-200; 
     16 U.S.C. 460l-6a note), is amended--
       (1) in subsection (b), by inserting ``subject to subsection 
     (g) but'' before ``notwithstanding'' in the matter preceding 
     paragraph (1); and
       (2) by adding at the end the following new subsection:
       ``(g) The Secretary of Agriculture may not charge or 
     collect fees under this section for the following:
       ``(1) Admission to a unit of the National Forest System (as 
     defined in section 11(a) of the Forest and Rangeland 
     Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
       ``(2) the use of, either singly or in any combination, of 
     the following:
       ``(A) undesignated parking along roads;
       ``(B) overlook sites or scenic pullouts;
       ``(C) information offices and centers that only provide 
     general area information and limited services or interpretive 
     exhibits; and
       ``(D) dispersed areas for which expenditures in facilities 
     or services are limited.''
       Sec. 331. (a) Annual Reporting Requirements on Competitive 
     Sourcing Activities.--
       (1) Not later than December 31 of each year, beginning with 
     December 31, 2004, the Secretary concerned shall submit to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a report, covering the preceding fiscal 
     year, on the competitive sourcing studies conducted by the 
     Department of the Interior, the Forest Service, or the 
     Department of Energy, as appropriate, and the costs and cost 
     savings to the citizens of the United States of such studies.
       (2) In this subsection, the term ``Secretary concerned'' 
     means--
       (A) the Secretary of the Interior, with respect to the 
     Department of the Interior programs, projects, and activities 
     for which funds are appropriated by this Act;
       (B) the Secretary of Agriculture, with respect to the 
     Forest Service; and
       (C) the Secretary of Energy, with respect to the Department 
     of Energy programs, projects, and activities for which funds 
     are appropriated by this Act.
       (3) The report under this subsection shall include, for the 
     fiscal year covered--
       (A) the total number of competitions completed;
       (B) the total number of competitions announced, together 
     with a list of the activities covered by such competitions;
       (C) the total number of full-time equivalent Federal 
     employees studied under completed competitions;
       (D) the total number of full-time equivalent Federal 
     employees being studied under competitions announced, but not 
     completed;
       (E) the incremental cost directly attributable to 
     conducting the competitions identified under subparagraphs 
     (A) and (B), including costs attributable to paying outside 
     consultants and contractors and, in accordance with full cost 
     accounting principles, all costs attributable to developing, 
     implementing, supporting, managing, monitoring, and reporting 
     on competitive sourcing, including personnel, consultant, 
     travel, and training costs associated with program 
     management;
       (F) an estimate of the total anticipated savings, or a 
     quantifiable description of improvements in service or 
     performance, derived from completed competitions;
       (G) actual savings, or a quantifiable description of 
     improvements in service or performance, derived from the 
     implementation of competitions;
       (H) the total projected number of full-time equivalent 
     Federal employees covered by

[[Page 12561]]

     competitions scheduled to be announced in the fiscal year; 
     and
       (I) a description of how the competitive sourcing decision 
     making processes are aligned with strategic workforce plans.
       (b) Competitive Sourcing Exemption for Forest Service 
     Studies Conducted Prior to Fiscal Year 2005.--Notwithstanding 
     requirements of Office of Management and Budget Circular A-
     76, Attachment B, the Forest Service is hereby exempted from 
     implementing the Letter of Obligation and post-competition 
     accountability guidelines where a competitive sourcing study 
     involved 65 or fewer full-time equivalents, the performance 
     decision was made in favor of the agency provider; no net 
     savings was achieved by conducting the study, and the study 
     was completed prior to the date of this Act.
       (c) Limitation on Competitive Sourcing Studies.--
       (1) Of the funds made available by this or any other Act to 
     the Department of Energy or the Department of the Interior 
     for fiscal year 2005, not more than the maximum amount 
     specified in paragraph (2)(A) may be used by the Secretary of 
     Energy or the Secretary of the Interior to initiate or 
     continue competitive sourcing studies in fiscal year 2005 for 
     programs, projects, and activities for which funds are 
     appropriated by this Act until such time as the Secretary 
     concerned submits a reprogramming proposal to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives, and such proposal has been processed 
     consistent with the reprogramming guidelines in House Report 
     108-330.
       (2) For the purposes of paragraph (1), the maximum amount--
       (A) with respect to the Department of Energy is $500,000; 
     and
       (B) with respect to the Department of the Interior is 
     $2,500,000; and
       (3) Of the funds appropriated by this Act, not more than 
     $2,000,000 may be used in fiscal year 2005 for competitive 
     sourcing studies and related activities by the Forest 
     Service.
       (d) Limitation on Conversion to Contractor Performance.--
       (1) None of the funds made available in this or any other 
     Act may be used to convert to contractor performance an 
     activity or function of the Forest Service, an activity or 
     function of the Department of the Interior performed under 
     programs, projects, and activities for which funds are 
     appropriated by this Act, or an activity or function of the 
     Department of Energy performed under programs, projects, and 
     activities for which funds are appropriated by this Act, if 
     such activity or function is performed on or after the date 
     of the enactment of this Act by more than 10 Federal 
     employees unless--
       (A) the conversion is based on the result of a public-
     private competition that includes a more efficient and cost 
     effective organization plan developed by such activity or 
     function; and
       (B) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Federal Government by an amount that 
     equals or exceeds the lesser of--
       (i) 10 percent of the more efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (ii) $10,000,000.
       (2) This subsection shall not apply to a commercial or 
     industrial type function that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (41 
     U.S.C. 47);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (3) The conversion of any activity or function under the 
     authority provided by this subsection shall be credited 
     toward any competitive or outsourcing goal, target, or 
     measurement that may be established by statute, regulation, 
     or policy.
       (e) Competitive Sourcing Study Defined.--In this 
     subsection, the term ``competitive sourcing study'' means a 
     study on subjecting work performed by Federal Government 
     employees or private contractors to public-private 
     competition or on converting the Federal Government employees 
     or the work performed by such employees to private contractor 
     performance under the Office of Management and Budget 
     Circular A-76 or any other administrative regulation, 
     directive, or policy.
       Sec. 332. Estimated overhead charges, deductions, reserves 
     or holdbacks from programs, projects and activities to 
     support governmentwide, departmental, agency or bureau 
     administrative functions or headquarters, regional or central 
     office operations shall be presented in annual budget 
     justifications. Changes to such estimates shall be presented 
     to the Committees on Appropriations for approval.
       Sec. 333. None of the funds in this or any other Act may be 
     used by the agencies funded in this Act to implement Safecom, 
     Disaster Management, E-Training, and E-Rulemaking.


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

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

[[Page 12562]]

     this section expires September 30, 2009, and the term of any 
     cooperative agreement or contract entered into under this 
     section shall not extend beyond that date.''.

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

                      CHAPTER 1--FISCAL YEAR 2004

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        wildland fire management

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        wildland fire management

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

                      CHAPTER 2--FISCAL YEAR 2005

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        wildland fire management

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        wildland fire management

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

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


                             Point of Order

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


          Sequential Votes Postponed In Committee Of The Whole

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


           Amendments, As Modified, Offered by Ms. Slaughter

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


                             Recorded Vote

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

                             [Roll No. 248]

                               AYES--241

     Abercrombie
     Ackerman
     Alexander
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Ballenger
     Bass
     Becerra
     Bell
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Bono
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown, Corrine
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carson (IN)
     Carson (OK)
     Case
     Castle
     Chandler
     Clay
     Clyburn
     Conyers
     Cooper
     Costello
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley (CA)
     Doyle
     Duncan
     Edwards
     Ehlers
     Emanuel
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Ferguson
     Foley
     Ford
     Fossella
     Frank (MA)
     Frelinghuysen
     Frost
     Gerlach
     Gilchrest
     Gonzalez
     Gordon
     Green (TX)
     Greenwood
     Grijalva
     Gutierrez
     Harman
     Harris
     Hart
     Herseth
     Hill
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley (OR)
     Houghton
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kelly
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind
     Kirk
     Kleczka
     Kolbe
     Kucinich
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lynch
     Majette
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McGovern
     McHugh
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Menendez
     Mica
     Michaud
     Millender-McDonald

[[Page 12563]]


     Miller (NC)
     Miller, George
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Platts
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Quinn
     Rahall
     Ramstad
     Rangel
     Reyes
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Sandlin
     Saxton
     Schakowsky
     Schiff
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Simmons
     Simpson
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Sweeney
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Turner (OH)
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--185

     Aderholt
     Akin
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Boozman
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burns
     Burr
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Carter
     Chabot
     Chocola
     Coble
     Cole
     Collins
     Cox
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Deal (GA)
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Dreier
     Dunn
     Emerson
     Everett
     Feeney
     Flake
     Forbes
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gibbons
     Gillmor
     Gingrey
     Goode
     Goodlatte
     Goss
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson, Sam
     Jones (NC)
     Keller
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Latham
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas (KY)
     Lucas (OK)
     Manzullo
     McCotter
     McCrery
     McInnis
     McIntyre
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Nethercutt
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Pombo
     Portman
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stenholm
     Sullivan
     Tancredo
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Toomey
     Turner (TX)
     Upton
     Vitter
     Walden (OR)
     Wamp
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--7

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

                              {time}  1810

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


                Amendment No. 5 Offered by Mr. Tancredo

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


                             Recorded Vote

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

                             [Roll No. 249]

                               AYES--112

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

                               NOES--313

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

[[Page 12564]]


     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Sweeney
     Tanner
     Tauscher
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Tierney
     Towns
     Turner (OH)
     Turner (TX)
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--8

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


                Announcement by the Chairman Pro Tempore

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

                              {time}  1820

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


               Amendment Offered By Ms. Hooley of Oregon

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


                             Recorded Vote

  The CHAIRMAN pro tempore. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 186, 
noes 241, not voting 6, as follows:

                             [Roll No. 250]

                               AYES--186

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

                               NOES--241

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

                             NOT VOTING--6

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


                Announcement by the Chairman Pro Tempore

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

                              {time}  1828

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

[[Page 12565]]



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