[Congressional Record (Bound Edition), Volume 151 (2005), Part 10]
[Senate]
[Pages 14101-14146]
[From the U.S. Government Publishing Office, www.gpo.gov]




       DEPARTMENT OF INTERIOR, ENVIRONMENT, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2006

  The PRESIDENT pro tempore. Under the previous order, the Senate will 
proceed to the consideration of H.R. 2361, which the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 2361) making appropriations for the Department 
     of the Interior, environment, and related agencies for the 
     fiscal year ending September 30, 2006, and for other 
     purposes.

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Appropriations with an amendment in the nature of 
a substitute.

       [Strike the part shown in black brackets and insert the 
     part shown in italic.]

                               H.R. 2361

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     [That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the 
     Department of the Interior, environment, and related agencies 
     for the fiscal year ending September 30, 2006, and for other 
     purposes, namely:

                  [TITLE I--DEPARTMENT OF THE INTERIOR

                       [Bureau of Land Management


                   [Management of lands and resources

       [For necessary expenses for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     $845,783,000, to remain available until expended, of which 
     $1,000,000 is for high priority projects, to be carried out 
     by the Youth Conservation Corps; and of which $3,000,000 
     shall be available in fiscal year 2006 subject to a match by 
     at least an equal amount by the National Fish and Wildlife 
     Foundation for cost-shared projects supporting conservation 
     of Bureau lands; and such funds shall be advanced to the 
     Foundation as a lump sum grant without regard to when 
     expenses are incurred.
       [In addition, $32,696,000 is for Mining Law Administration 
     program operations, including the cost of administering the 
     mining claim fee program; to remain available until expended, 
     to be reduced by amounts collected by the Bureau and credited 
     to this appropriation from annual mining claim fees so as to 
     result in a final appropriation estimated at not more than 
     $845,783,000, and $2,000,000, to remain available until 
     expended, from communication site rental fees established by 
     the Bureau for the cost of administering communication site 
     activities.


                       [wildland fire management

                     [(including transfer of funds)

       [For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior, $761,564,000, 
     to remain available until expended, of which not to exceed 
     $7,849,000 shall be for the renovation or construction of 
     fire facilities: Provided, That such funds are also available 
     for repayment of advances to other appropriation accounts 
     from which funds were previously transferred for such 
     purposes: Provided further, That persons hired pursuant to 43 
     U.S.C. 1469 may be furnished subsistence and lodging without 
     cost from funds available from this appropriation: Provided 
     further, That notwithstanding 42 U.S.C. 1856d, sums received 
     by a bureau or office of the Department of the Interior for 
     fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
     protection of United States property, may be credited to the 
     appropriation from which funds were expended to provide that 
     protection, and are available without fiscal year limitation: 
     Provided further, That using the amounts designated under 
     this title of this Act, the Secretary of the Interior may 
     enter into procurement contracts, grants, or cooperative 
     agreements, for hazardous fuels reduction activities, and for 
     training and monitoring associated with such hazardous fuels 
     reduction activities, on Federal land, or on adjacent non-

[[Page 14102]]

     Federal land for activities that benefit resources on Federal 
     land: Provided further, That the costs of implementing any 
     cooperative agreement between the Federal Government and any 
     non-Federal entity may be shared, as mutually agreed on by 
     the affected parties: Provided further, That notwithstanding 
     requirements of the Competition in Contracting Act, the 
     Secretary, for purposes of hazardous fuels reduction 
     activities, may obtain maximum practicable competition among: 
     (1) local private, nonprofit, or cooperative entities; (2) 
     Youth Conservation Corps crews or related partnerships with 
     State, local, or non-profit youth groups; (3) small or micro-
     businesses; or (4) other entities that will hire or train 
     locally a significant percentage, defined as 50 percent or 
     more, of the project workforce to complete such contracts: 
     Provided further, That in implementing this section, the 
     Secretary shall develop written guidance to field units to 
     ensure accountability and consistent application of the 
     authorities provided herein: Provided further, That funds 
     appropriated under this head may be used to reimburse the 
     United States Fish and Wildlife Service and the National 
     Marine Fisheries Service for the costs of carrying out their 
     responsibilities under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) to consult and conference, as required 
     by section 7 of such Act, in connection with wildland fire 
     management activities: Provided further, That the Secretary 
     of the Interior may use wildland fire appropriations to enter 
     into non-competitive sole source leases of real property with 
     local governments, at or below fair market value, to 
     construct capitalized improvements for fire facilities on 
     such leased properties, including but not limited to fire 
     guard stations, retardant stations, and other initial attack 
     and fire support facilities, and to make advance payments for 
     any such lease or for construction activity associated with 
     the lease: Provided further, That the Secretary of the 
     Interior and the Secretary of Agriculture may authorize the 
     transfer of funds appropriated for wildland fire management, 
     in an aggregate amount not to exceed $9,000,000, between the 
     Departments when such transfers would facilitate and expedite 
     jointly funded wildland fire management programs and 
     projects: Provided further, That funds provided for wildfire 
     suppression shall be available for support of Federal 
     emergency response actions.


                             [construction

       [For construction of buildings, recreation facilities, 
     roads, trails, and appurtenant facilities, $11,476,000, to 
     remain available until expended.


                           [land acquisition

       [For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, $3,817,000, to be derived from the Land and Water 
     Conservation Fund and to remain available until expended.


                   [oregon and california grant lands

       [For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein, 
     including existing connecting roads on or adjacent to such 
     grant lands; $110,070,000, to remain available until 
     expended: Provided, That 25 percent of the aggregate of all 
     receipts during the current fiscal year from the revested 
     Oregon and California Railroad grant lands is hereby made a 
     charge against the Oregon and California land-grant fund and 
     shall be transferred to the General Fund in the Treasury in 
     accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (50 Stat. 876).


               [forest ecosystem health and recovery fund

                   [(revolving fund, special account)

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


                          [range improvements

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


              [service charges, deposits, and forfeitures

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


                       [miscellaneous trust funds

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


                       [administrative provisions

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

                [United States Fish and Wildlife Service


                          [resource management

       [For necessary expenses of the United States Fish and 
     Wildlife Service, as authorized by law, and for scientific 
     and economic studies, maintenance of the herd of long-horned 
     cattle on the Wichita Mountains Wildlife Refuge, general 
     administration, and for the performance of other authorized 
     functions related to such resources by direct expenditure, 
     contracts, grants, cooperative agreements and reimbursable 
     agreements with public and private entities, $1,005,225,000, 
     to remain available until September 30, 2007, except as 
     otherwise provided herein: Provided, That $2,000,000 is for 
     high priority projects, which shall be carried out by the 
     Youth Conservation Corps: Provided further, That not to 
     exceed $18,130,000 shall be used for implementing subsections 
     (a), (b), (c), and (e) of section 4 of the Endangered Species 
     Act, as amended, for species that are indigenous to the 
     United States (except for processing petitions, developing 
     and issuing proposed and final regulations, and taking any 
     other steps to implement actions described in subsection 
     (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to 
     exceed $12,852,000 shall be used for any activity regarding 
     the designation of critical habitat, pursuant to subsection 
     (a)(3), excluding litigation support, for species listed 
     pursuant to subsection (a)(1) prior to October 1, 2005: 
     Provided further, That of the amount available for law 
     enforcement, up to $400,000, to remain available until 
     expended, may, at the discretion of the Secretary, be used 
     for payment for information, rewards, or evidence concerning 
     violations of laws administered by the Service, and 
     miscellaneous and emergency expenses of enforcement activity, 
     authorized or approved by the Secretary and to be accounted 
     for solely on her certificate: Provided further, That of the 
     amount provided for environmental contaminants, up to

[[Page 14103]]

     $1,000,000 may remain available until expended for 
     contaminant sample analyses.


                             [construction

       [For construction, improvement, acquisition, or removal of 
     buildings and other facilities required in the conservation, 
     management, investigation, protection, and utilization of 
     fishery and wildlife resources, and the acquisition of lands 
     and interests therein; $41,206,000, to remain available until 
     expended.


                           [land acquisition

       [For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the United 
     States Fish and Wildlife Service, $14,937,000 to be derived 
     from the Land and Water Conservation Fund and to remain 
     available until expended: Provided, That land and non-water 
     interests acquired from willing sellers incidental to water 
     rights acquired for the transfer and use at Lower Klamath and 
     Tule Lake National Wildlife Refuges under this heading shall 
     be resold and the revenues therefrom shall be credited to 
     this account and shall be available without further 
     appropriation for the acquisition of water rights, including 
     acquisition of interests in lands incidental to such water 
     rights, for the two refuges: Provided further, That none of 
     the funds appropriated for specific land acquisition projects 
     can be used to pay for any administrative overhead, planning 
     or other management costs.


                      [landowner incentive program

       [For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $23,700,000, to be derived from the Land and Water 
     Conservation Fund, and to remain available until expended: 
     Provided, That the amount provided herein is for a Landowner 
     Incentive Program established by the Secretary that provides 
     matching, competitively awarded grants to States, the 
     District of Columbia, federally recognized Indian tribes, 
     Puerto Rico, Guam, the United States Virgin Islands, the 
     Northern Mariana Islands, and American Samoa, to establish or 
     supplement existing landowner incentive programs that provide 
     technical and financial assistance, including habitat 
     protection and restoration, to private landowners for the 
     protection and management of habitat to benefit federally 
     listed, proposed, candidate, or other at-risk species on 
     private lands.


                      [private stewardship grants

       [For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $7,386,000, to be derived from the Land and Water 
     Conservation Fund, and to remain available until expended: 
     Provided, That the amount provided herein is for the Private 
     Stewardship Grants Program established by the Secretary to 
     provide grants and other assistance to individuals and groups 
     engaged in private conservation efforts that benefit 
     federally listed, proposed, candidate, or other at-risk 
     species.


           [cooperative endangered species conservation fund

       [For expenses necessary to carry out section 6 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as 
     amended, $84,400,000, of which $20,161,000 is to be derived 
     from the Cooperative Endangered Species Conservation Fund and 
     $64,239,000 is to be derived from the Land and Water 
     Conservation Fund and to remain available until expended.


                     [national wildlife refuge fund

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


               [north american wetlands conservation fund

       [For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act, Public Law 101-233, 
     as amended, $40,000,000 to remain available until expended.


                [neotropical migratory bird conservation

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


                [multinational species conservation fund

       [For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
     4241-4245, and 1538), the Asian Elephant Conservation Act of 
     1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros 
     and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), the 
     Great Ape Conservation Act of 2000 (16 U.S.C. 6301), and, the 
     Marine Turtle Conservation Act of 2004 (Public Law 108-266; 
     16 U.S.C. 6601), $5,900,000, to remain available until 
     expended.


                   [state and tribal wildlife grants

       [For wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and federally recognized Indian tribes under the provisions 
     of the Fish and Wildlife Act of 1956 and the Fish and 
     Wildlife Coordination Act, for the development and 
     implementation of programs for the benefit of wildlife and 
     their habitat, including species that are not hunted or 
     fished, $65,000,000, to be derived from the Land and Water 
     Conservation Fund, and to remain available until expended: 
     Provided, That of the amount provided herein, $6,000,000 is 
     for a competitive grant program for Indian tribes not subject 
     to the remaining provisions of this appropriation: Provided 
     further, That the Secretary shall, after deducting said 
     $6,000,000 and administrative expenses, apportion the amount 
     provided herein in the following manner: (1) to the District 
     of Columbia and to the Commonwealth of Puerto Rico, each a 
     sum equal to not more than one-half of 1 percent thereof; and 
     (2) to Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Mariana 
     Islands, each a sum equal to not more than one-fourth of 1 
     percent thereof: Provided further, That the Secretary shall 
     apportion the remaining amount in the following manner: (1) 
     one-third of which is based on the ratio to which the land 
     area of such State bears to the total land area of all such 
     States; and (2) two-thirds of which is based on the ratio to 
     which the population of such State bears to the total 
     population of all such States: Provided further, That the 
     amounts apportioned under this paragraph shall be adjusted 
     equitably so that no State shall be apportioned a sum which 
     is less than 1 percent of the amount available for 
     apportionment under this paragraph for any fiscal year or 
     more than 5 percent of such amount: Provided further, That 
     the Federal share of planning grants shall not exceed 75 
     percent of the total costs of such projects and the Federal 
     share of implementation grants shall not exceed 50 percent of 
     the total costs of such projects: Provided further, That the 
     non-Federal share of such projects may not be derived from 
     Federal grant programs: Provided further, That no State, 
     territory, or other jurisdiction shall receive a grant unless 
     it has developed, by October 1, 2005, a comprehensive 
     wildlife conservation plan, consistent with criteria 
     established by the Secretary of the Interior, that considers 
     the broad range of the State, territory, or other 
     jurisdiction's wildlife and associated habitats, with 
     appropriate priority placed on those species with the 
     greatest conservation need and taking into consideration the 
     relative level of funding available for the conservation of 
     those species: Provided further, That no State, territory, or 
     other jurisdiction shall receive a grant if its comprehensive 
     wildlife conservation plan is disapproved and such funds that 
     would have been distributed to such State, territory, or 
     other jurisdiction shall be distributed equitably to States, 
     territories, and other jurisdictions with approved plans: 
     Provided further, That any amount apportioned in 2006 to any 
     State, territory, or other jurisdiction that remains 
     unobligated as of September 30, 2007, shall be reapportioned, 
     together with funds appropriated in 2008, in the manner 
     provided herein: Provided further, That balances from amounts 
     previously appropriated under the heading ``State Wildlife 
     Grants'' shall be transferred to and merged with this 
     appropriation and shall remain available until expended.


                       [administrative provisions

       [Appropriations and funds available to the United States 
     Fish and Wildlife Service shall be available for purchase of 
     passenger motor vehicles; repair of damage to public roads 
     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

[[Page 14104]]

     House and Senate Committees on Appropriations in compliance 
     with the reprogramming procedures contained in House Report 
     108-330.

                         [National Park Service


                 [operation of the national park system

       [For expenses necessary for the management, operation, and 
     maintenance of areas and facilities administered by the 
     National Park Service (including special road maintenance 
     service to trucking permittees on a reimbursable basis), and 
     for the general administration of the National Park Service, 
     $1,754,199,000, of which $30,000,000 is provided above the 
     budget request to be distributed to all park areas on a pro-
     rate basis and to remain in the park base; of which 
     $9,892,000 is for planning and interagency coordination in 
     support of Everglades restoration and shall remain available 
     until expended; of which $97,600,000, to remain available 
     until September 30, 2007, is for maintenance, repair or 
     rehabilitation projects for constructed assets, operation of 
     the National Park Service automated facility management 
     software system, and comprehensive facility condition 
     assessments; of which $1,937,000 is for the Youth 
     Conservation Corps for high priority projects: Provided, That 
     the only funds in this account which may be made available to 
     support United States Park Police are those funds approved 
     for emergency law and order incidents pursuant to established 
     National Park Service procedures, those funds needed to 
     maintain and repair United States Park Police administrative 
     facilities, and those funds necessary to reimburse the United 
     States Park Police account for the unbudgeted overtime and 
     travel costs associated with special events for an amount not 
     to exceed $10,000 per event subject to the review and 
     concurrence of the Washington headquarters office.


                       [united states park police

       [For expenses necessary to carry out the programs of the 
     United States Park Police, $82,411,000.


                 [national recreation and preservation

       [For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, and grant administration, not otherwise 
     provided for, $48,997,000: Provided, That none of the funds 
     in this Act for the River, Trails and Conservation Assistance 
     program may be used for cash agreements, or for cooperative 
     agreements that are inconsistent with the program's final 
     strategic plan.


                      [historic preservation fund

       [For expenses necessary in carrying out the Historic 
     Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333), $72,705,000, to be derived from the Historic 
     Preservation Fund, to remain available until September 30, 
     2007, of which $30,000,000 shall be for Save America's 
     Treasures for preservation of nationally significant sites, 
     structures, and artifacts: Provided, That any individual Save 
     America's Treasures grant shall be matched by non-Federal 
     funds: Provided further, That individual projects shall only 
     be eligible for one grant: Provided further, That all 
     projects to be funded shall be approved by the Secretary of 
     the Interior in consultation with the House and Senate 
     Committees on Appropriations and the President's Committee on 
     the Arts and Humanities prior to the commitment of Save 
     America's Treasures grant funds: Provided further, That Save 
     America's Treasures funds allocated for Federal projects, 
     following approval, shall be available by transfer to 
     appropriate accounts of individual agencies: Provided 
     further, That hereinafter and notwithstanding 20 U.S.C. 951 
     et seq. the National Endowment for the Arts may award Save 
     America's Treasures grants based upon the recommendations of 
     the Save America's Treasures grant selection panel convened 
     by the President's Committee on the Arts and the Humanities 
     and the National Park Service.


                             [construction

       [For construction, improvements, repair or replacement of 
     physical facilities, including the modifications authorized 
     by section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989, $308,230,000, to remain available 
     until expended, of which $17,000,000 for modified water 
     deliveries to Everglades National Park shall be derived by 
     transfer from unobligated balances in the ``Land Acquisition 
     and State Assistance'' account for Everglades National Park 
     land acquisitions: Provided, That none of the funds available 
     to the National Park Service may be used to plan, design, or 
     construct any partnership project with a total value in 
     excess of $5,000,000, without advance approval of the House 
     and Senate Committees on Appropriations: Provided further, 
     That, notwithstanding any other provision of law, the 
     National Park Service may not accept donations or services 
     associated with the planning, design, or construction of such 
     new facilities without advance approval of the House and 
     Senate Committees on Appropriations: Provided further, That 
     funds provided under this heading for implementation of 
     modified water deliveries to Everglades National Park shall 
     be expended consistent with the requirements of the fifth 
     proviso under this heading in Public Law 108-108: Provided 
     further, That none of the funds provided in this or any other 
     Act may be used for planning, design, or construction of any 
     underground security screening or visitor contact facility at 
     the Washington Monument until such facility has been approved 
     in writing by the House and Senate Committees on 
     Appropriations.


                   [land and water conservation fund

                             [(rescission)

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


                 [land acquisition and state assistance

       [For expenses necessary to carry out the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of lands or waters, or interest therein, in 
     accordance with the statutory authority applicable to the 
     National Park Service, $9,421,000, to be derived from the 
     Land and Water Conservation Fund and to remain available 
     until expended, of which $1,587,000 is for the administration 
     of the State assistance program.


                       [administrative provisions

       [Appropriations for the National Park Service shall be 
     available for the purchase of not to exceed 245 passenger 
     motor vehicles, of which 199 shall be for replacement only, 
     including not to exceed 193 for police-type use, 10 buses, 
     and 8 ambulances: Provided, That none of the funds 
     appropriated to the National Park Service may be used to 
     process any grant or contract documents which do not include 
     the text of 18 U.S.C. 1913: Provided further, That none of 
     the funds appropriated to the National Park Service may be 
     used to implement an agreement for the redevelopment of the 
     southern end of Ellis Island until such agreement has been 
     submitted to the Congress and shall not be implemented prior 
     to the expiration of 30 calendar days (not including any day 
     in which either House of Congress is not in session because 
     of adjournment of more than 3 calendar days to a day certain) 
     from the receipt by the Speaker of the House of 
     Representatives and the President of the Senate of a full and 
     comprehensive report on the development of the southern end 
     of Ellis Island, including the facts and circumstances relied 
     upon in support of the proposed project: Provided further, 
     That in fiscal year 2006 and thereafter, appropriations 
     available to the National Park Service may be used to 
     maintain the following areas in Washington, District of 
     Columbia: Jackson Place, Madison Place, and Pennsylvania 
     Avenue between 15th and 17th Streets, Northwest.
       [None of the funds in this Act may be spent by the National 
     Park Service for activities taken in direct response to the 
     United Nations Biodiversity Convention.
       [The National Park Service may distribute to operating 
     units based on the safety record of each unit the costs of 
     programs designed to improve workplace and employee safety, 
     and to encourage employees receiving workers' compensation 
     benefits pursuant to chapter 81 of title 5, United States 
     Code, to return to appropriate positions for which they are 
     medically able.
       [If the Secretary of the Interior considers the decision of 
     any value determination proceeding conducted under a National 
     Park Service concession contract issued prior to November 13, 
     1998, to misinterpret or misapply relevant contractual 
     requirements or their underlying legal authority, the 
     Secretary may seek, within 180 days of any such decision, the 
     de novo review of the value determination by the United 
     States Court of Federal Claims, and that court may make an 
     order affirming, vacating, modifying or correcting the 
     determination.
       [In addition to other uses set forth in section 407(d) of 
     Public Law 105-391, franchise fees credited to a sub-account 
     shall be available for expenditure by the Secretary, without 
     further appropriation, for use at any unit within the 
     National Park System to extinguish or reduce liability for 
     Possessory Interest or leasehold surrender interest. Such 
     funds may only be used for this purpose to the extent that 
     the benefiting unit anticipated franchise fee receipts over 
     the term of the contract at that unit exceed the amount of 
     funds used to extinguish or reduce liability. Franchise fees 
     at the benefiting unit shall be credited to the sub-account 
     of the originating unit over a period not to exceed the term 
     of a single contract at the benefiting unit, in the amount of 
     funds so expended to extinguish or reduce liability.

                    [United States Geological Survey


                 [surveys, investigations, and research

       [For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); publish and disseminate data relative to the 
     foregoing activities; and to conduct inquiries into the 
     economic

[[Page 14105]]

     conditions affecting mining and materials processing 
     industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
     related purposes as authorized by law and to publish and 
     disseminate data; $974,586,000, of which $63,770,000 shall be 
     available only for cooperation with States or municipalities 
     for water resources investigations; of which $8,000,000 shall 
     remain available until expended for satellite operations; of 
     which $23,320,000 shall be available until September 30, 
     2007, for the operation and maintenance of facilities and 
     deferred maintenance; of which $1,600,000 shall be available 
     until expended for deferred maintenance and capital 
     improvement projects that exceed $100,000 in cost; and of 
     which $174,765,000 shall be available until September 30, 
     2007, for the biological research activity and the operation 
     of the Cooperative Research Units: Provided, That none of the 
     funds provided for the biological research activity shall be 
     used to conduct new surveys on private property, unless 
     specifically authorized in writing by the property owner: 
     Provided further, That no part of this appropriation shall be 
     used to pay more than one-half the cost of topographic 
     mapping or water resources data collection and investigations 
     carried on in cooperation with States and municipalities.


                       [administrative provisions

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

                      [Minerals Management Service


               [royalty and offshore minerals management

       [For expenses necessary for minerals leasing and 
     environmental studies, regulation of industry operations, and 
     collection of royalties, as authorized by law; for enforcing 
     laws and regulations applicable to oil, gas, and other 
     minerals leases, permits, licenses and operating contracts; 
     and for matching grants or cooperative agreements; including 
     the purchase of not to exceed eight passenger motor vehicles 
     for replacement only, $152,676,000, of which $77,529,000 
     shall be available for royalty management activities; and an 
     amount not to exceed $122,730,000, to be credited to this 
     appropriation and to remain available until expended, from 
     additions to receipts resulting from increases to rates in 
     effect on August 5, 1993, from rate increases to fee 
     collections for Outer Continental Shelf administrative 
     activities performed by the Minerals Management Service (MMS) 
     over and above the rates in effect on September 30, 1993, and 
     from additional fees for Outer Continental Shelf 
     administrative activities established after September 30, 
     1993: Provided, That to the extent $122,730,000 in additions 
     to receipts are not realized from the sources of receipts 
     stated above, the amount needed to reach $122,730,000 shall 
     be credited to this appropriation from receipts resulting 
     from rental rates for Outer Continental Shelf leases in 
     effect before August 5, 1993: Provided further, That 
     $3,000,000 for computer acquisitions shall remain available 
     until September 30, 2007: Provided further, That not to 
     exceed $3,000 shall be available for reasonable expenses 
     related to promoting volunteer beach and marine cleanup 
     activities: Provided further, That notwithstanding any other 
     provision of law, $15,000 under this heading shall be 
     available for refunds of overpayments in connection with 
     certain Indian leases in which the Director of MMS concurred 
     with the claimed refund due, to pay amounts owed to Indian 
     allottees or tribes, or to correct prior unrecoverable 
     erroneous payments: Provided further, That in fiscal year 
     2006 and thereafter, the MMS may under the royalty-in-kind 
     program, or under its authority to transfer oil to the 
     Strategic Petroleum Reserve, use a portion of the revenues 
     from royalty-in-kind sales, without regard to fiscal year 
     limitation, to pay for transportation to wholesale market 
     centers or upstream pooling points, to process or otherwise 
     dispose of royalty production taken in kind, and to recover 
     MMS transportation costs, salaries, and other administrative 
     costs directly related to the royalty-in-kind program: 
     Provided further, That MMS shall analyze and document the 
     expected return in advance of any royalty-in-kind sales to 
     assure to the maximum extent practicable that royalty income 
     under the program is equal to or greater than royalty income 
     recognized under a comparable royalty-in-value program.


                          [oil spill research

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

         [Office of Surface Mining Reclamation and Enforcement


                       [regulation and technology

       [For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, including the purchase of not to 
     exceed 10 passenger motor vehicles, for replacement only; 
     $110,435,000: Provided, That the Secretary of the Interior, 
     pursuant to regulations, may use directly or through grants 
     to States, moneys collected in fiscal year 2006 for civil 
     penalties assessed under section 518 of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1268), to 
     reclaim lands adversely affected by coal mining practices 
     after August 3, 1977, to remain available until expended: 
     Provided further, That appropriations for the Office of 
     Surface Mining Reclamation and Enforcement may provide for 
     the travel and per diem expenses of State and tribal 
     personnel attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.


                    [abandoned mine reclamation fund

       [For necessary expenses to carry out title IV of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, including the purchase of not more 
     than 10 passenger motor vehicles for replacement only, 
     $188,014,000, to be derived from receipts of the Abandoned 
     Mine Reclamation Fund and to remain available until expended; 
     of which up to $10,000,000, to be derived from the Federal 
     Expenses Share of the Fund, shall be for supplemental grants 
     to States for the reclamation of abandoned sites with acid 
     mine rock drainage from coal mines, and for associated 
     activities, through the Appalachian Clean Streams Initiative: 
     Provided, That grants to minimum program States will be 
     $1,500,000 per State in fiscal year 2006: Provided further, 
     That pursuant to Public Law 97-365, the Department of the 
     Interior is authorized to use up to 20 percent from the 
     recovery of the delinquent debt owed to the United States 
     Government to pay for contracts to collect these debts: 
     Provided further, That funds made available under title IV of 
     Public Law 95-87 may be used for any required non-Federal 
     share of the cost of projects funded by the Federal 
     Government for the purpose of environmental restoration 
     related to treatment or abatement of acid mine drainage from 
     abandoned mines: Provided further, That such projects must be 
     consistent with the purposes and priorities of the Surface 
     Mining Control and Reclamation Act: Provided further, That 
     amounts allocated under section 402(g)(2) of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232(g)(2)) as of September 30, 2005, but not appropriated as 
     of that date, are reallocated to the allocation established 
     in section 402(g)(3) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1232(g)(3)): Provided 
     further, That amounts provided under this heading may be used 
     for the travel and per diem expenses of State and tribal 
     personnel attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.


                       [administrative provisions

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

                       [Bureau of Indian Affairs


                     [operation of indian programs

       [For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
     $1,992,737,000, to remain available until September 30, 2007 
     except as otherwise provided herein, of which not to exceed 
     $86,462,000 shall be for welfare assistance payments and 
     notwithstanding any other provision of law, including but not 
     limited to the Indian Self-Determination Act of 1975, as 
     amended, not to exceed $134,609,000 shall be available for 
     payments to tribes and tribal organizations for contract 
     support costs associated with ongoing contracts, grants, 
     compacts, or annual funding agreements entered into with the 
     Bureau prior to or during

[[Page 14106]]

     fiscal year 2006, as authorized by such Act, of which 
     $129,609,000 shall be available for indirect contract support 
     costs and $5,000,000 shall be available for direct contract 
     support costs, except that tribes and tribal organizations 
     may use their tribal priority allocations for unmet contract 
     support costs of ongoing contracts, grants, or compacts, or 
     annual funding agreements and for unmet welfare assistance 
     costs; and of which not to exceed $478,085,000 for school 
     operations costs of Bureau-funded schools and other education 
     programs shall become available on July 1, 2006, and shall 
     remain available until September 30, 2007; and of which not 
     to exceed $61,267,000 shall remain available until expended 
     for housing improvement, road maintenance, attorney fees, 
     litigation support, the Indian Self-Determination Fund, land 
     records improvement, and the Navajo-Hopi Settlement Program: 
     Provided, That notwithstanding any other provision of law, 
     including but not limited to the Indian Self-Determination 
     Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed 
     $44,718,000 within and only from such amounts made available 
     for school operations shall be available to tribes and tribal 
     organizations for administrative cost grants associated with 
     ongoing grants entered into with the Bureau prior to or 
     during fiscal year 2005 for the operation of Bureau-funded 
     schools, and up to $500,000 within and only from such amounts 
     made available for school operations shall be available for 
     the transitional costs of initial administrative cost grants 
     to tribes and tribal organizations that enter into grants for 
     the operation on or after July 1, 2005, of Bureau-operated 
     schools: Provided further, That any forestry funds allocated 
     to a tribe which remain unobligated as of September 30, 2007, 
     may be transferred during fiscal year 2008 to an Indian 
     forest land assistance account established for the benefit of 
     such tribe within the tribe's trust fund account: Provided 
     further, That any such unobligated balances not so 
     transferred shall expire on September 30, 2008.


                             [construction

       [For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483, $284,137,000, to remain available until expended: 
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation: Provided further, 
     That not to exceed 6 percent of contract authority available 
     to the Bureau of Indian Affairs from the Federal Highway 
     Trust Fund may be used to cover the road program management 
     costs of the Bureau: Provided further, That any funds 
     provided for the Safety of Dams program pursuant to 25 U.S.C. 
     13 shall be made available on a nonreimbursable basis: 
     Provided further, That for fiscal year 2006, in implementing 
     new construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to tribally 
     controlled grant schools under Public Law 100-297, as 
     amended, the Secretary of the Interior shall use the 
     Administrative and Audit Requirements and Cost Principles for 
     Assistance Programs contained in 43 CFR part 12 as the 
     regulatory requirements: Provided further, That such grants 
     shall not be subject to section 12.61 of 43 CFR; the 
     Secretary and the grantee shall negotiate and determine a 
     schedule of payments for the work to be performed: Provided 
     further, That in considering applications, the Secretary 
     shall consider whether the Indian tribe or tribal 
     organization would be deficient in assuring that the 
     construction projects conform to applicable building 
     standards and codes and Federal, tribal, or State health and 
     safety standards as required by 25 U.S.C. 2005(b), with 
     respect to organizational and financial management 
     capabilities: Provided further, That if the Secretary 
     declines an application, the Secretary shall follow the 
     requirements contained in 25 U.S.C. 2504(f): Provided 
     further, That any disputes between the Secretary and any 
     grantee concerning a grant shall be subject to the disputes 
     provision in 25 U.S.C. 2507(e): Provided further, That in 
     order to ensure timely completion of replacement school 
     construction projects, the Secretary may assume control of a 
     project and all funds related to the project, if, within 
     eighteen months of the date of enactment of this Act, any 
     tribe or tribal organization receiving funds appropriated in 
     this Act or in any prior Act, has not completed the planning 
     and design phase of the project and commenced construction of 
     the replacement school: Provided further, That this 
     Appropriation may be reimbursed from the Office of the 
     Special Trustee for American Indians Appropriation for the 
     appropriate share of construction costs for space expansion 
     needed in agency offices to meet trust reform implementation.


[indian land and water claim settlements and miscellaneous payments to 
                                indians

       [For miscellaneous payments to Indian tribes and 
     individuals and for necessary administrative expenses, 
     $34,754,000, to remain available until expended, for 
     implementation of Indian land and water claim settlements 
     pursuant to Public Laws 99-264, 100-580, 101-618, 106-554, 
     107-331, and 108-34, and for implementation of other land and 
     water rights settlements, of which $10,000,000 shall be 
     available for payment to the Quinault Indian Nation pursuant 
     to the terms of the North Boundary Settlement Agreement dated 
     July 14, 2000, providing for the acquisition of perpetual 
     conservation easements from the Nation.


                [indian guaranteed loan program account

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


                       [administrative provisions

       [The Bureau of Indian Affairs may carry out the operation 
     of Indian programs by direct expenditure, contracts, 
     cooperative agreements, compacts and grants, either directly 
     or in cooperation with States and other organizations.
       [Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 
     may contract for services in support of the management, 
     operation, and maintenance of the Power Division of the San 
     Carlos Irrigation Project.
       [Appropriations for the Bureau of Indian Affairs (except 
     the revolving fund for loans, the Indian loan guarantee and 
     insurance fund, and the Indian Guaranteed Loan Program 
     account) shall be available for expenses of exhibits, and 
     purchase and replacement of passenger motor vehicles.
       [Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     operations or pooled overhead general administration (except 
     facilities operations and maintenance) shall be available for 
     tribal contracts, grants, compacts, or cooperative agreements 
     with the Bureau of Indian Affairs under the provisions of the 
     Indian Self-Determination Act or the Tribal Self-Governance 
     Act of 1994 (Public Law 103-413).
       [In the event any tribe returns appropriations made 
     available by this Act to the Bureau of Indian Affairs for 
     distribution to other tribes, this action shall not diminish 
     the Federal Government's trust responsibility to that tribe, 
     or the government-to-government relationship between the 
     United States and that tribe, or that tribe's ability to 
     access future appropriations.
       [Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       [Appropriations made available in this or any other Act for 
     schools funded by the Bureau shall be available only to the 
     schools in the Bureau school system as of September 1, 1996. 
     No funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995. Funds made available under this Act may not 
     be used to establish a charter school at a Bureau-funded 
     school (as that term is defined in section 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026)), except that a 
     charter school that is in existence on the date of the 
     enactment of this Act and that has operated at a Bureau-
     funded school before September 1, 1999, may continue to 
     operate during that period, but only if the charter school 
     pays to the Bureau a pro rata share of funds to reimburse the 
     Bureau for the use of the real and personal property 
     (including buses and vans), the funds of the charter school 
     are kept separate and apart from Bureau funds, and the Bureau 
     does not assume any obligation for charter school programs of 
     the State in which the school is located if the charter 
     school loses such funding. Employees of Bureau-funded schools 
     sharing a campus with a charter school and performing 
     functions related to the charter school's operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, United 
     States Code.
       [Notwithstanding any other provision of law, including 
     section 113 of title I of appendix C of Public Law 106-113, 
     if a tribe or tribal organization in fiscal year 2003 or 2004 
     received indirect and administrative costs pursuant to a 
     distribution formula based on section 5(f) of Public Law 101-
     301, the Secretary shall continue to distribute indirect and 
     administrative cost funds to such tribe or tribal 
     organization using the section 5(f) distribution formula.

                         [Departmental Offices

                            [Insular Affairs


                       [assistance to territories

       [For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $76,563,000, of which: (1) $69,182,000 shall be available 
     until 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

[[Page 14107]]

     American Samoa for compensation and expenses, as authorized 
     by law (48 U.S.C. 1661(c)); grants to the Government of 
     American Samoa, in addition to current local revenues, for 
     construction and support of governmental functions; grants to 
     the Government of the Virgin Islands as authorized by law; 
     grants to the Government of Guam, as authorized by law; and 
     grants to the Government of the Northern Mariana Islands as 
     authorized by law (Public Law 94-241; 90 Stat. 272); and (2) 
     $7,381,000 shall be available for salaries and expenses of 
     the Office of Insular Affairs: Provided, That all financial 
     transactions of the territorial and local governments herein 
     provided for, including such transactions of all agencies or 
     instrumentalities established or used by such governments, 
     may be audited by the Government Accountability Office, at 
     its discretion, in accordance with chapter 35 of title 31, 
     United States Code: Provided further, That Northern Mariana 
     Islands Covenant grant funding shall be provided according to 
     those terms of the Agreement of the Special Representatives 
     on Future United States Financial Assistance for the Northern 
     Mariana Islands approved by Public Law 104-134: Provided 
     further, That of the amounts provided for technical 
     assistance, sufficient funds shall be made available for a 
     grant to the Pacific Basin Development Council: Provided 
     further, That of the amounts provided for technical 
     assistance, sufficient funding shall be made available for a 
     grant to the Close Up Foundation: Provided further, That the 
     funds for the program of operations and maintenance 
     improvement are appropriated to institutionalize routine 
     operations and maintenance improvement of capital 
     infrastructure with territorial participation and cost 
     sharing to be determined by the Secretary based on the 
     grantee's commitment to timely maintenance of its capital 
     assets: Provided further, That any appropriation for disaster 
     assistance under this heading in this Act or previous 
     appropriations Acts may be used as non-Federal matching funds 
     for the purpose of hazard mitigation grants provided pursuant 
     to section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c).


                      [compact of free association

       [For grants and necessary expenses, $5,362,000, to remain 
     available until expended, as provided for in sections 
     221(a)(2), 221(b), and 233 of the Compact of Free Association 
     for the Republic of Palau; and section 221(a)(2) of the 
     Compacts of Free Association for the Government of the 
     Republic of the Marshall Islands, and the Government of the 
     United States and the Federated States of Micronesia, as 
     authorized by Public Law 99-658 and Public Law 108-188.

                        [Departmental Management


                         [salaries and expenses

       [For necessary expenses for management of the Department of 
     the Interior, $118,755,000 (reduced by $8,000,000) (reduced 
     by $13,000,000) of which not to exceed $8,500 may be for 
     official reception and representation expenses; and of which 
     up to $1,000,000 shall be available for workers compensation 
     payments and unemployment compensation payments associated 
     with the orderly closure of the United States Bureau of 
     Mines: Provided, That none of the funds in this or previous 
     appropriations Acts may be used to establish any additional 
     reserves in the Working Capital Fund account other than the 
     two authorized reserves without prior approval of the House 
     and Senate Committees on Appropriations.


                       [payments in lieu of taxes

       [For expenses necessary to implement the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-6907), $230,000,000 
     (increased by $12,000,000), of which not to exceed $400,000 
     shall be available for administrative expenses: Provided, 
     That no payment shall be made to otherwise eligible units of 
     local government if the computed amount of the payment is 
     less than $100.


                   [central hazardous materials fund

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

                        [Office of the Solicitor


                         [salaries and expenses

       [For necessary expenses of the Office of the Solicitor, 
     $55,340,000.

                      [Office of Inspector General


                         [salaries and expenses

       [For necessary expenses of the Office of Inspector General, 
     $39,566,000.

            [Office of Special Trustee for American Indians


                        [federal trust programs

       [For the operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $191,593,000, to remain available until expended, of 
     which not to exceed $58,000,000 from this or any other Act, 
     shall be available for historical accounting: Provided, That 
     funds for trust management improvements and litigation 
     support may, as needed, be transferred to or merged with the 
     Bureau of Indian Affairs, ``Operation of Indian Programs'' 
     account; the Office of the Solicitor, ``Salaries and 
     Expenses'' account; and the Departmental Management, 
     ``Salaries and Expenses'' account: Provided further, That 
     funds made available to Tribes and Tribal organizations 
     through contracts or grants obligated during fiscal year 
     2006, as authorized by the Indian Self-Determination Act of 
     1975 (25 U.S.C. 450 et seq.), shall remain available until 
     expended by the contractor or grantee: Provided further, 
     That, notwithstanding any other provision of law, the statute 
     of limitations shall not commence to run on any claim, 
     including any claim in litigation pending on the date of the 
     enactment of this Act, concerning losses to or mismanagement 
     of trust funds, until the affected tribe or individual Indian 
     has been furnished with an accounting of such funds from 
     which the beneficiary can determine whether there has been a 
     loss: Provided further, That, notwithstanding any other 
     provision of law, the Secretary shall not be required to 
     provide a quarterly statement of performance for any Indian 
     trust account that has not had activity for at least 18 
     months and has a balance of $1.00 or less: Provided further, 
     That the Secretary shall issue an annual account statement 
     and maintain a record of any such accounts and shall permit 
     the balance in each such account to be withdrawn upon the 
     express written request of the account holder: Provided 
     further, That not to exceed $50,000 is available for the 
     Secretary to make payments to correct administrative errors 
     of either disbursements from or deposits to Individual Indian 
     Money or Tribal accounts after September 30, 2002: Provided 
     further, That erroneous payments that are recovered shall be 
     credited to and remain available in this account for this 
     purpose.


                       [indian land consolidation

       [For consolidation of fractional interests in Indian lands 
     and expenses associated with redetermining and redistributing 
     escheated interests in allotted lands, and for necessary 
     expenses to carry out the Indian Land Consolidation Act of 
     1983, as amended, by direct expenditure or cooperative 
     agreement, $34,514,000, to remain available until expended, 
     and which may be transferred to the Bureau of Indian Affairs 
     and Departmental Management accounts: Provided, That funds 
     provided under this heading may be expended pursuant to the 
     authorities contained in the provisos under the heading 
     ``Office of Special Trustee for American Indians, Indian Land 
     Consolidation'' of the Interior and Related Agencies 
     Appropriations Act, 2001 (Public Law 106-291).

          [Natural Resources Damage Assessment and Restoration


                [natural resource damage assessment fund

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


                       [administrative provisions

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

[[Page 14108]]

     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, and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.
       [Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of wildland fires on or threatening lands under 
     the jurisdiction of the Department of the Interior; for the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire operations'' 
     shall be exhausted within 30 days, and must be replenished by 
     a supplemental appropriation which must be requested as 
     promptly as possible: Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.
       [Sec. 103. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.
       [Sec. 104. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     preleasing, leasing and related activities placed under 
     restriction in the President's moratorium statement of June 
     12, 1998, in the areas of northern, central, and southern 
     California; the North Atlantic; Washington and Oregon; and 
     the eastern Gulf of Mexico south of 26 degrees north latitude 
     and east of 86 degrees west longitude.
       [Sec. 105. No funds provided in this title may be expended 
     by the Department of the Interior to conduct offshore oil and 
     natural gas preleasing, leasing and related activities in the 
     eastern Gulf of Mexico planning area for any lands located 
     outside Sale 181, as identified in the final Outer 
     Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
     2002.
       [Sec. 106. No funds provided in this title may be expended 
     by the Department of the Interior to conduct oil and natural 
     gas preleasing, leasing and related activities in the Mid-
     Atlantic and South Atlantic planning areas.
       [Sec. 107. Notwithstanding any other provisions of law, the 
     National Park Service shall not develop or implement a 
     reduced entrance fee program to accommodate non-local travel 
     through a unit. The Secretary may provide for and regulate 
     local non-recreational passage through units of the National 
     Park System, allowing each unit to develop guidelines and 
     permits for such activity appropriate to that unit.
       [Sec. 108. Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of Special 
     Trustee for American Indians and any unobligated balances 
     from prior appropriations Acts made under the same headings 
     shall be available for expenditure or transfer for Indian 
     trust management and reform activities, except that total 
     funding for historical accounting activities shall not exceed 
     amounts specifically designated in this Act for such purpose.
       [Sec. 109. Notwithstanding any other provision of law, for 
     the purpose of reducing the backlog of Indian probate cases 
     in the Department of the Interior, the hearing requirements 
     of chapter 10 of title 25, United States Code, are deemed 
     satisfied by a proceeding conducted by an Indian probate 
     judge, appointed by the Secretary without regard to the 
     provisions of title 5, United States Code, governing the 
     appointments in the competitive service, for such period of 
     time as the Secretary determines necessary: Provided, That 
     the basic pay of an Indian probate judge so appointed may be 
     fixed by the Secretary without regard to the provisions of 
     chapter 51, and subchapter III of chapter 53 of title 5, 
     United States Code, governing the classification and pay of 
     General Schedule employees, except that no such Indian 
     probate judge may be paid at a level which exceeds the 
     maximum rate payable for the highest grade of the General 
     Schedule, including locality pay.
       [Sec. 110. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2006. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.
       [Sec. 111. Funds appropriated for the Bureau of Indian 
     Affairs for postsecondary schools for fiscal year 2006 shall 
     be allocated among the schools proportionate to the unmet 
     need of the schools as determined by the Postsecondary 
     Funding Formula adopted by the Office of Indian Education 
     Programs.
       [Sec. 112. Notwithstanding any other provision of law, in 
     conveying the Twin Cities Research Center under the authority 
     provided by Public Law 104-134, as amended by Public Law 104-
     208, the Secretary may accept and retain land and other forms 
     of reimbursement: Provided, That the Secretary may retain and 
     use any such reimbursement until expended and without further 
     appropriation: (1) for the benefit of the National Wildlife 
     Refuge System within the State of Minnesota; and (2) for all 
     activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
       [Sec. 113. The Secretary of the Interior may use or 
     contract for the use of helicopters or motor vehicles on the 
     Sheldon and Hart National Wildlife Refuges for the purpose of 
     capturing and transporting horses and burros. The provisions 
     of subsection (a) of the Act of September 8, 1959 (18 U.S.C. 
     47(a)) shall not be applicable to such use. Such use shall be 
     in accordance with humane procedures prescribed by the 
     Secretary.
       [Sec. 114. Funds provided in this Act for Federal land 
     acquisition by the National Park Service for Shenandoah 
     Valley Battlefields National Historic District and Ice Age 
     National Scenic Trail may be used for a grant to a State, a 
     local government, or any other land management entity for the 
     acquisition of lands without regard to any restriction on the 
     use of Federal land acquisition funds provided through the 
     Land and Water Conservation Fund Act of 1965 as amended.
       [Sec. 115. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       [Sec. 116. None of the funds made available in this Act may 
     be used: (1) to demolish the bridge between Jersey City, New 
     Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
     such bridge, when such pedestrian use is consistent with 
     generally accepted safety standards.
       [Sec. 117. None of the funds in this or any other Act can 
     be used to compensate the Special Master and the Special 
     Master-Monitor, and all variations thereto, appointed by the 
     United States District Court for the District of Columbia in 
     the Cobell v. Norton litigation at an annual rate that 
     exceeds 200 percent of the highest Senior Executive Service 
     rate of pay for the Washington-Baltimore locality pay area.
       [Sec. 118. The Secretary of the Interior may use 
     discretionary funds to pay private attorneys fees and costs 
     for employees and former employees of the Department of the 
     Interior reasonably incurred in connection with Cobell v. 
     Norton to the extent that such fees and costs are not paid by 
     the Department of Justice or by private insurance. In no case 
     shall the Secretary make payments under this section that 
     would result in payment of hourly fees in excess of the 
     highest hourly rate approved by the District Court for the 
     District of Columbia for counsel in Cobell v. Norton.

[[Page 14109]]

       [Sec. 119. The United States Fish and Wildlife Service 
     shall, in carrying out its responsibilities to protect 
     threatened and endangered species of salmon, implement a 
     system of mass marking of salmonid stocks, intended for 
     harvest, that are released from Federally operated or 
     Federally financed hatcheries including but not limited to 
     fish releases of coho, chinook, and steelhead species. Marked 
     fish must have a visible mark that can be readily identified 
     by commercial and recreational fishers.
       [Sec. 120. Such sums as may be necessary from 
     ``Departmental Management, Salaries and Expenses'', may be 
     transferred to ``United States Fish and Wildlife Service, 
     Resource Management'' for operational needs at the Midway 
     Atoll National Wildlife Refuge airport.
       [Sec. 121. (a) In General.--Nothing in section 134 of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2002 (115 Stat. 443) affects the decision 
     of the United States Court of Appeals for the 10th Circuit in 
     Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
       [(b) Use of Certain Indian Land.--Nothing in this section 
     permits the conduct of gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) on land described in 
     section 123 of the Department of the Interior and Related 
     Agencies Appropriations Act, 2001 (114 Stat. 944), or land 
     that is contiguous to that land, regardless of whether the 
     land or contiguous land has been taken into trust by the 
     Secretary of the Interior.
       [Sec. 122. No funds appropriated for the Department of the 
     Interior by this Act or any other Act shall be used to study 
     or implement any plan to drain Lake Powell or to reduce the 
     water level of the lake below the range of water levels 
     required for the operation of the Glen Canyon Dam.
       [Sec. 123. Notwithstanding the limitation in subparagraph 
     (2)(B) of section 18(a) of the Indian Gaming Regulatory Act 
     (25 U.S.C. 2717(a)), the total amount of all fees imposed by 
     the National Indian Gaming Commission for fiscal year 2007 
     shall not exceed $12,000,000.
       [Sec. 124. Notwithstanding any implementation of the 
     Department of the Interior's trust reorganization or 
     reengineering plans, or the implementation of the ``To Be'' 
     Model, funds appropriated for fiscal year 2006 shall be 
     available to the tribes within the California Tribal Trust 
     Reform Consortium and to the Salt River Pima-Maricopa Indian 
     Community, the Confederated Salish and Kootenai Tribes of the 
     Flathead Reservation and the Chippewa Cree Tribe of the Rocky 
     Boys Reservation through the same methodology as funds were 
     distributed in fiscal year 2004. This Demonstration Project 
     shall continue to operate separate and apart from the 
     Department of the Interior's trust reform and reorganization 
     and the Department shall not impose its trust management 
     infrastructure upon or alter the existing trust resource 
     management systems of the above referenced tribes having a 
     self-governance compact and operating in accordance with the 
     Tribal Self-Governance Program set forth in 25 U.S.C. 458aa-
     458hh: Provided, That the California Trust Reform Consortium 
     and any other participating tribe agree to carry out their 
     responsibilities under the same written and implemented 
     fiduciary standards as those being carried by the Secretary 
     of the Interior: Provided further, That they demonstrate to 
     the satisfaction of the Secretary that they have the 
     capability to do so: Provided further, That the Department 
     shall provide funds to the tribes in an amount equal to that 
     required by 25 U.S.C. 458cc(g)(3), including funds 
     specifically or functionally related to the provision of 
     trust services to the tribes or their members.
       [Sec. 125. Notwithstanding any provision of law, including 
     42 U.S.C. 4321 et. seq., nonrenewable grazing permits 
     authorized in the Jarbidge Field Office, Bureau of Land 
     Management within the past 9 years, shall be renewed. The 
     Animal Unit Months contained in the most recently expired 
     nonrenewable grazing permit, authorized between March 1, 
     1997, and February 28, 2003, shall continue in effect under 
     the renewed permit. Nothing in this section shall be deemed 
     to extend the nonrenewable permits beyond the standard 1-year 
     term.
       [Sec. 126. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to acquire lands, 
     waters, or interests therein including the use of all or part 
     of any pier, dock, or landing within the State of New York 
     and the State of New Jersey, for the purpose of operating and 
     maintaining facilities in the support of transportation and 
     accommodation of visitors to Ellis, Governors, and Liberty 
     Islands, and of other program and administrative activities, 
     by donation or with appropriated funds, including franchise 
     fees (and other monetary consideration), or by exchange; and 
     the Secretary is authorized to negotiate and enter into 
     leases, subleases, concession contracts or other agreements 
     for the use of such facilities on such terms and conditions 
     as the Secretary may determine reasonable.
       [Sec. 127. Upon the request of the permittee for the Clark 
     Mountain Allotment lands adjacent to the Mojave National 
     Preserve, the Secretary shall also issue a special use permit 
     for that portion of the grazing allotment located within the 
     Preserve. The special use permit shall be issued with the 
     same terms and conditions as the most recently-issued permit 
     for that allotment and the Secretary shall consider the 
     permit to be one transferred in accordance with section 325 
     of Public Law 108-108.
       [Sec. 128. Notwithstanding any other provision of law, the 
     National Park Service final winter use rules published in 
     part VII of the Federal Register for November 10, 2004, 69 
     Fed. Reg. 65348 et seq., shall be in force and effect for the 
     winter use season of 2005-2006 that commences on or about 
     December 15, 2005.
       [Sec. 129. None of the funds in this Act may be used to 
     compensate more than 34 full time equivalent employees in the 
     Department's Office of Law Enforcement and Security. The 
     total number of staff detailed from other offices and 
     reimbursable staff may not exceed 8 at any given time.

               [TITLE II--ENVIRONMENTAL PROTECTION AGENCY


                        [science and technology

       [For science and technology, including research and 
     development activities, which shall include research and 
     development activities under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended; necessary expenses for personnel and related costs 
     and travel expenses, including uniforms, or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; services as 
     authorized by 5 U.S.C. 3109, but at rates for individuals not 
     to exceed the per diem rate equivalent to the maximum rate 
     payable for senior level positions under 5 U.S.C. 5376; 
     procurement of laboratory equipment and supplies; other 
     operating expenses in support of research and development; 
     construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $85,000 per project, 
     $765,340,000 which shall remain available until September 30, 
     2007.


                 [environmental programs and management

       [For environmental programs and management, including 
     necessary expenses, not otherwise provided for, for personnel 
     and related costs and travel expenses, including uniforms, or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable for senior level positions under 5 
     U.S.C. 5376; hire of passenger motor vehicles; hire, 
     maintenance, and operation of aircraft; purchase of reprints; 
     library memberships in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members; construction, 
     alteration, repair, rehabilitation, and renovation of 
     facilities, not to exceed $85,000 per project; and not to 
     exceed $9,000 for official reception and representation 
     expenses, $2,389,491,000 (increased by $1,903,000) (reduced 
     by $1,903,000), which shall remain available until September 
     30, 2007, including administrative costs of the brownfields 
     program under the Small Business Liability Relief and 
     Brownfields Revitalization Act of 2002.


                      [office of inspector general

       [For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, and for construction, alteration, 
     repair, rehabilitation, and renovation of facilities, not to 
     exceed $85,000 per project, $37,955,000 to remain available 
     until September 30, 2007.


                       [buildings and facilities

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


                     [hazardous substance superfund

                    [(including transfers of funds)

       [For necessary expenses to carry out the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended, including sections 111(c)(3), 
     (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for 
     construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $85,000 per project; 
     $1,258,333,000, to remain available until expended, 
     consisting of such sums as are available in the Trust Fund 
     upon the date of enactment of this Act as authorized by 
     section 517(a) of the Superfund Amendments and 
     Reauthorization Act of 1986 (SARA) and up to $1,258,333,000 
     as a payment from general revenues to the Hazardous Substance 
     Superfund for purposes as authorized by section 517(b) of 
     SARA, as amended: Provided, That funds appropriated under 
     this heading may be allocated to other Federal agencies in 
     accordance with section 111(a) of CERCLA: Provided further, 
     That of the funds appropriated under this heading, 
     $13,536,000 shall be transferred to the ``Office of Inspector 
     General'' appropriation to remain available until September 
     30, 2007, and $30,606,000 shall be transferred to the 
     ``Science and technology'' appropriation to remain available 
     until September 30, 2007.


               [leaking underground storage tank program

       [For necessary expenses to carry out leaking underground 
     storage tank cleanup activities authorized by section 205 of 
     the Superfund Amendments and Reauthorization Act

[[Page 14110]]

     of 1986, and for construction, alteration, repair, 
     rehabilitation, and renovation of facilities, not to exceed 
     $85,000 per project, $73,027,000, to remain available until 
     expended.


                          [oil spill response

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


                  [state and tribal assistance grants

                   [(including rescissions of funds)

       [For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $3,127,800,000, to remain 
     available until expended, of which $750,000,000 shall be for 
     making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended (the ``Act''), of which up to 
     $50,000,000 shall be available for loans, including interest 
     free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to 
     municipal, inter-municipal, interstate, or State agencies or 
     nonprofit entities for projects that provide treatment for or 
     that minimize sewage or stormwater discharges using one or 
     more approaches which include, but are not limited to, 
     decentralized or distributed stormwater controls, 
     decentralized wastewater treatment, low-impact development 
     practices, conservation easements, stream buffers, or 
     wetlands restoration; $850,000,000 shall be for 
     capitalization grants for the Drinking Water State Revolving 
     Funds under section 1452 of the Safe Drinking Water Act, as 
     amended; $50,000,000 shall be for architectural, engineering, 
     planning, design, construction and related activities in 
     connection with the construction of high priority water and 
     wastewater facilities in the area of the United States-Mexico 
     Border, after consultation with the appropriate border 
     commission; $15,000,000 shall be for grants to the State of 
     Alaska to address drinking water and waste infrastructure 
     needs of rural and Alaska Native Villages; $200,000,000 shall 
     be for making grants for the construction of drinking water, 
     wastewater and storm water infrastructure and for water 
     quality protection (``special project grants'') in accordance 
     with the terms and conditions specified for such grants in 
     the joint explanatory statement of the managers accompanying 
     this Act, and, for purposes of these grants, each grantee 
     shall contribute not less than 45 percent of the cost of the 
     project unless the grantee is approved for a waiver by the 
     Agency; $95,500,000 (increased by $2,000,000) shall be to 
     carry out section 104(k) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (CERCLA), 
     as amended, including grants, interagency agreements, and 
     associated program support costs; $4,000,000 shall be for a 
     grant to Puerto Rico for drinking water infrastructure 
     improvements to the Metropolitano community water system in 
     San Juan; $10,000,000 for cost-shared grants for school bus 
     retrofit and replacement projects that reduce diesel 
     emissions: Provided, That $1,153,300,000 (reduced by 
     $2,000,000) shall be for grants, including associated program 
     support costs, to States, federally recognized tribes, 
     interstate agencies, tribal consortia, and air pollution 
     control agencies for multi-media or single media pollution 
     prevention, control and abatement and related activities, 
     including activities pursuant to the provisions set forth 
     under this heading in Public Law 104-134, and for making 
     grants under section 103 of the Clean Air Act for particulate 
     matter monitoring and data collection activities of which and 
     subject to terms and conditions specified by the 
     Administrator, of which $52,000,000 (reduced by $2,000,000) 
     shall be for carrying out section 128 of CERCLA, as amended, 
     and $20,000,000 shall be for Environmental Information 
     Exchange Network grants, including associated program support 
     costs, and $15,000,000 shall be for making competitive 
     targeted watershed grants: Provided further, That 
     notwithstanding section 603(d)(7) of the Act, the limitation 
     on the amounts in a State water pollution control revolving 
     fund that may be used by a State to administer the fund shall 
     not apply to amounts included as principal in loans made by 
     such fund in fiscal year 2006 and prior years where such 
     amounts represent costs of administering the fund to the 
     extent that such amounts are or were deemed reasonable by the 
     Administrator, accounted for separately from other assets in 
     the fund, and used for eligible purposes of the fund, 
     including administration: Provided further, That for fiscal 
     year 2006, and notwithstanding section 518(f) of the Act, the 
     Administrator is authorized to use the amounts appropriated 
     for any fiscal year under section 319 of that Act to make 
     grants to Indian tribes pursuant to sections 319(h) and 
     518(e) of that Act: Provided further, That for fiscal year 
     2006, notwithstanding the limitation on amounts in section 
     518(c) of the Act, up to a total of 1\1/2\ percent of the 
     funds appropriated for State Revolving Funds under title VI 
     of that Act may be reserved by the Administrator for grants 
     under section 518(c) of that Act: Provided further, That no 
     funds provided by this legislation to address the water, 
     wastewater and other critical infrastructure needs of the 
     colonias in the United States along the United States-Mexico 
     border shall be made available to a county or municipal 
     government unless that government has established an 
     enforceable local ordinance, or other zoning rule, which 
     prevents in that jurisdiction the development or construction 
     of any additional colonia areas, or the development within an 
     existing colonia the construction of any new home, business, 
     or other structure which lacks water, wastewater, or other 
     necessary infrastructure: Provided further, That, 
     notwithstanding any other provision of law, such funds that 
     were appropriated under this heading for special project 
     grants in fiscal year 2000 or before and for which the Agency 
     has not received an application and issued a grant by 
     September 30, 2006, shall be made available to the Clean 
     Water or Drinking Water Revolving Fund, as appropriate, for 
     the State in which the special project grant recipient is 
     located: Provided further, That excess funds remaining after 
     completion of a special project grant shall be made available 
     to the Clean Water or Drinking Water Revolving Fund, as 
     appropriate, for the State in which the special project grant 
     recipient is located: Provided further, That in the event 
     that a special project is determined by the Agency to be 
     ineligible for a grant, the funds for that project shall be 
     made available to the Clean Water or Drinking Water Revolving 
     Fund, as appropriate, for the State in which the special 
     project grant recipient is located: Provided further, That 
     notwithstanding this or previous appropriations Acts, after 
     consultation with the House and Senate Committees on 
     Appropriations and for the purposes of making technical 
     corrections, the Administrator is authorized to award grants 
     to entities under this heading for purposes other than those 
     listed in the joint explanatory statements of the managers 
     accompanying the Agency's appropriations Acts for the 
     construction of drinking water, waste water and storm water 
     infrastructure, and for water quality protection.
       [For an additional amount for the Clean Water State 
     Revolving Fund, $100,000,000 shall be made available from the 
     rescissions of multi-year and no-year funding, previously 
     appropriated to the Environmental Protection Agency, the 
     availability of which under the original appropriation 
     accounts has not expired, and $100,000,000 in such funding is 
     hereby rescinded: Provided, That such rescissions shall be 
     taken solely from amounts associated with grants, contracts, 
     and interagency agreements whose availability under the 
     original period for obligation for such grant, contract, or 
     interagency agreement has expired based on the April 2005 
     review by the Government Accountability Office.


                       [administrative provisions

       [For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1) 
     and 6305(1), the Administrator of the Environmental 
     Protection Agency, in carrying out the Agency's function to 
     implement directly Federal environmental programs required or 
     authorized by law in the absence of an acceptable tribal 
     program, may award cooperative agreements to federally-
     recognized Indian Tribes or Intertribal consortia, if 
     authorized by their member Tribes, to assist the 
     Administrator in implementing Federal environmental programs 
     for Indian Tribes required or authorized by law, except that 
     no such cooperative agreements may be awarded from funds 
     designated for State financial assistance agreements.
       [The Administrator of the Environmental Protection Agency 
     is authorized to collect and obligate pesticide registration 
     service fees in accordance with section 33 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (as added by 
     subsection (f)(2) of the Pesticide Registration Improvement 
     Act of 2003), as amended.
       [Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated 
     funds for fiscal year 2006 may be used to award grants or 
     loans under section 104(k) of CERCLA to eligible entities 
     that satisfy all of the elements set forth in CERCLA section 
     101(40) to qualify as a bona fide prospective purchaser 
     except that the date of acquisition of the property was prior 
     to the date of enactment of the Small Business Liability 
     Relief and Brownfield Revitalization Act of 2001.
       [For fiscal years 2006 through 2011, the Administrator may, 
     after consultation with the Office of Personnel Management, 
     make not to exceed five appointments in any fiscal year under 
     the authority provided in 42 U.S.C. 209 for the Office of 
     Research and Development.

                      [TITLE III--RELATED AGENCIES

                       [DEPARTMENT OF AGRICULTURE

                            [Forest Service


                     [forest and rangeland research

       [For necessary expenses of forest and rangeland research as 
     authorized by law, $285,000,000, to remain available until 
     expended: Provided, That of the funds provided, $62,100,000 
     is for the forest inventory and analysis program.


                      [state and private forestry

       [For necessary expenses of cooperating with and providing 
     technical and financial assistance to States, territories, 
     possessions,

[[Page 14111]]

     and others, and for forest health management, including 
     treatments of pests, pathogens, and invasive or noxious 
     plants and for restoring and rehabilitating forests damaged 
     by pests or invasive plants, cooperative forestry, and 
     education and land conservation activities and conducting an 
     international program as authorized, $254,875,000, to remain 
     available until expended, as authorized by law of which 
     $25,000,000 is to be derived from the Land and Water 
     Conservation Fund: Provided, That none of the funds provided 
     under this heading for the acquisition of lands or interests 
     in lands shall be available until the Forest Service notifies 
     the House Committee on Appropriations and the Senate 
     Committee on Appropriations, in writing, of specific 
     contractual and grant details including the non-Federal cost 
     share: Provided further, That of the funds provided herein, 
     $1,000,000 shall be provided to Custer County, Idaho, for 
     economic development in accordance with the Central Idaho 
     Economic Development and Recreation Act, subject to 
     authorization.


                        [national forest system

       [For necessary expenses of the Forest Service, not 
     otherwise provided for, for management, protection, 
     improvement, and utilization of the National Forest System, 
     $1,423,920,000 (reduced by $7,000,000) (increased by 
     $1,000,000), to remain available until expended, which shall 
     include 50 percent of all moneys received during prior fiscal 
     years as fees collected under the Land and Water Conservation 
     Fund Act of 1965, as amended, in accordance with section 4 of 
     the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated 
     balances under this heading available at the start of fiscal 
     year 2006 shall be displayed by budget line item in the 
     fiscal year 2007 budget justification.


                       [wildland fire management

                     [(including transfer of funds)

       [For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $1,790,506,000, to remain available until expended: Provided, 
     That such funds including unobligated balances under this 
     heading, are available for repayment of advances from other 
     appropriations accounts previously transferred for such 
     purposes: Provided further, That such funds shall be 
     available to reimburse State and other cooperating entities 
     for services provided in response to wildfire and other 
     emergencies or disasters to the extent such reimbursements by 
     the Forest Service for non-fire emergencies are fully repaid 
     by the responsible emergency management agency: Provided 
     further, That not less than 50 percent of any unobligated 
     balances remaining (exclusive of amounts for hazardous fuels 
     reduction) at the end of fiscal year 2005 shall be 
     transferred, as repayment for past advances that have not 
     been repaid, to the fund established pursuant to section 3 of 
     Public Law 71-319 (16 U.S.C. 576 et seq.): Provided further, 
     That, notwithstanding any other provision of law, $8,000,000 
     of funds appropriated under this appropriation shall be used 
     for Fire Science Research in support of the Joint Fire 
     Science Program: Provided further, That all authorities for 
     the use of funds, including the use of contracts, grants, and 
     cooperative agreements, available to execute the Forest and 
     Rangeland Research appropriation, are also available in the 
     utilization of these funds for Fire Science Research: 
     Provided further, That funds provided shall be available for 
     emergency rehabilitation and restoration, hazardous fuels 
     reduction activities in the urban-wildland interface, support 
     to Federal emergency response, and wildfire suppression 
     activities of the Forest Service: Provided further, That of 
     the funds provided, $286,000,000 is for hazardous fuels 
     reduction activities, $9,281,000 is for rehabilitation and 
     restoration, $21,719,000 is for research activities and to 
     make competitive research grants pursuant to the Forest and 
     Rangeland Renewable Resources Research Act, as amended (16 
     U.S.C. 1641 et seq.), $41,000,000 is for State fire 
     assistance, $8,000,000 is for volunteer fire assistance, 
     $15,000,000 is for forest health activities on Federal lands 
     and $10,000,000 is for forest health activities on State and 
     private lands: Provided further, That amounts in this 
     paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', and ``Forest and 
     Rangeland Research'' accounts to fund State fire assistance, 
     volunteer fire assistance, forest health management, forest 
     and rangeland research, vegetation and watershed management, 
     heritage site rehabilitation, and wildlife and fish habitat 
     management and restoration: Provided further, That transfers 
     of any amounts in excess of those authorized in this 
     paragraph, shall require approval of the House and Senate 
     Committees on Appropriations in compliance with reprogramming 
     procedures contained in the report accompanying this Act: 
     Provided further, That funds provided under this heading for 
     hazardous fuels treatments may be transferred to and made a 
     part of the ``National Forest System'' account at the sole 
     discretion of the Chief of the Forest Service thirty days 
     after notifying the House and the Senate Committees on 
     Appropriations: Provided further, That the costs of 
     implementing any cooperative agreement between the Federal 
     Government and any non-Federal entity may be shared, as 
     mutually agreed on by the affected parties: Provided further, 
     That in addition to funds provided for State Fire Assistance 
     programs, and subject to all authorities available to the 
     Forest Service under the State and Private Forestry 
     Appropriations, up to $15,000,000 may be used on adjacent 
     non-Federal lands for the purpose of protecting communities 
     when hazard reduction activities are planned on national 
     forest lands that have the potential to place such 
     communities at risk: Provided further, That the Secretary of 
     the Interior and the Secretary of Agriculture may authorize 
     the transfer of funds appropriated for wildland fire 
     management, in an aggregate amount not to exceed $9,000,000, 
     between the Departments when such transfers would facilitate 
     and expedite jointly funded wildland fire management programs 
     and projects: Provided further, That funds designated for 
     wildfire suppression, shall be assessed for indirect costs, 
     in a manner consistent with such assessments against other 
     agency programs.


                  [capital improvement and maintenance

       [For necessary expenses of the Forest Service, not 
     otherwise provided for, $468,260,000, to remain available 
     until expended for construction, reconstruction, maintenance 
     and acquisition of buildings and other facilities, and for 
     construction, reconstruction, repair, decommissioning, and 
     maintenance of forest roads and trails by the Forest Service 
     as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: 
     Provided, That up to $15,000,000 of the funds provided herein 
     for road maintenance shall be available for the 
     decommissioning of roads, including unauthorized roads not 
     part of the transportation system, which are no longer 
     needed: Provided further, That no funds shall be expended to 
     decommission any system road until notice and an opportunity 
     for public comment has been provided on each decommissioning 
     project.


                           [land acquisition

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


        [acquisition of lands for national forests special acts

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


            [acquisition of lands to complete land exchanges

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


                         [range betterment fund

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


    [gifts, donations and bequests for forest and rangeland research

       [For expenses authorized by 16 U.S.C. 1643(b), $64,000, to 
     remain available until expended, to be derived from the fund 
     established pursuant to the above Act.


       [management of national forest lands for subsistence uses

       [For necessary expenses of the Forest Service to manage 
     Federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), $5,467,000, to remain available until 
     expended.


               [administrative provisions, forest service

       [Appropriations to the Forest Service for the current 
     fiscal year shall be available for: (1) purchase of passenger 
     motor vehicles; acquisition of passenger motor vehicles from 
     excess sources, and hire of such vehicles; purchase, lease, 
     operation, maintenance, and acquisition of aircraft from 
     excess sources to maintain the operable fleet for use in 
     Forest Service wildland fire programs and other Forest 
     Service programs; notwithstanding other provisions of law, 
     existing aircraft being replaced may be sold, with proceeds

[[Page 14112]]

     derived or trade-in value used to offset the purchase price 
     for the replacement aircraft; (2) services pursuant to 7 
     U.S.C. 2225, and not to exceed $100,000 for employment under 
     5 U.S.C. 3109; (3) purchase, erection, and alteration of 
     buildings and other public improvements (7 U.S.C. 2250); (4) 
     acquisition of land, waters, and interests therein pursuant 
     to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers 
     in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 
     558a note); (6) the cost of uniforms as authorized by 5 
     U.S.C. 5901-5902; and (7) for debt collection contracts in 
     accordance with 31 U.S.C. 3718(c).
       [None of the funds made available under this Act shall be 
     obligated or expended to abolish any region, to move or close 
     any regional office for National Forest System administration 
     of the Forest Service, Department of Agriculture without the 
     consent of the House and Senate Committees on Appropriations.
       [Any appropriations or funds available to the Forest 
     Service may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions upon notification of the House and Senate 
     Committees on Appropriations and if and only if all 
     previously appropriated emergency contingent funds under the 
     heading ``Wildland Fire Management'' have been released by 
     the President and apportioned and all wildfire suppression 
     funds under the heading ``Wildland Fire Management'' are 
     obligated.
       [The first transfer of funds into the Wildland Fire 
     Management account shall include unobligated funds, if 
     available, from the Land Acquisition account and the Forest 
     Legacy program within the State and Private Forestry account.
       [Funds appropriated to the Forest Service shall be 
     available for assistance to or through the Agency for 
     International Development and the Foreign Agricultural 
     Service in connection with forest and rangeland research, 
     technical information, and assistance in foreign countries, 
     and shall be available to support forestry and related 
     natural resource activities outside the United States and its 
     territories and possessions, including technical assistance, 
     education and training, and cooperation with United States 
     and international organizations.
       [None of the funds made available to the Forest Service 
     under this Act shall be subject to transfer under the 
     provisions of section 702(b) of the Department of Agriculture 
     Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b, however 
     in fiscal year 2006 the Forest Service may transfer funds to 
     the ``National Forest System'' account from other agency 
     accounts to enable the agency's law enforcement program to 
     pay full operating costs including overhead.
       [None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     reprogramming procedures contained in the report accompanying 
     this Act.
       [Not more than $72,646,000 of the funds available to the 
     Forest Service shall be transferred to the Working Capital 
     Fund of the Department of Agriculture.
       [Funds available to the Forest Service shall be available 
     to conduct a program of not less than $2,000,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps.
       [Of the funds available to the Forest Service, $4,000 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       [Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, $3,000,000 
     may be advanced in a lump sum to the National Forest 
     Foundation to aid conservation partnership projects in 
     support of the Forest Service mission, without regard to when 
     the Foundation incurs expenses, for administrative expenses 
     or projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That of the 
     Federal funds made available to the Foundation, no more than 
     $250,000 shall be available for administrative expenses: 
     Provided further, That the Foundation shall obtain, by the 
     end of the period of Federal financial assistance, private 
     contributions to match on at least one-for-one basis funds 
     made available by the Forest Service: Provided further, That 
     the Foundation may transfer Federal funds to a non-Federal 
     recipient for a project at the same rate that the recipient 
     has obtained the non-Federal matching funds: Provided 
     further, That authorized investments of Federal funds held by 
     the Foundation may be made only in interest-bearing 
     obligations of the United States or in obligations guaranteed 
     as to both principal and interest by the United States.
       [Pursuant to section 2(b)(2) of Public Law 98-244, 
     $2,650,000 of the funds available to the Forest Service shall 
     be advanced to the National Fish and Wildlife Foundation in a 
     lump sum to aid cost-share conservation projects, without 
     regard to when expenses are incurred, on or benefitting 
     National Forest System lands or related to Forest Service 
     programs: Provided, That such funds shall be matched on at 
     least a one-for-one basis by the Foundation or its 
     subrecipients.
       [Funds appropriated to the Forest Service shall be 
     available for interactions with and providing technical 
     assistance to rural communities for sustainable rural 
     development purposes.
       [Any appropriations or funds available to the Forest 
     Service may be used for necessary expenses in the event of 
     law enforcement emergencies as necessary to protect natural 
     resources and public or employee safety: Provided, That such 
     amounts shall not exceed $500,000.
       [An eligible individual who is employed in any project 
     funded under title V of the Older American Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest Service 
     shall be considered to be a Federal employee for purposes of 
     chapter 171 of title 28, United States Code.
       [Any funds appropriated to the Forest Service may be used 
     to meet the non-Federal share requirement in section 502(c) 
     of the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
       [For each fiscal year through 2009, funds available to the 
     Forest Service in this Act may be used for the purpose of 
     expenses associated with primary and secondary schooling for 
     dependents of agency personnel stationed in Puerto Rico prior 
     to the date of enactment of this Act, who are subject to 
     transfer and reassignment to other locations in the United 
     States, at a cost not in excess of those authorized for the 
     Department of Defense for the same area, when it is 
     determined by the Chief of the Forest Service that public 
     schools available in the locality are unable to provide 
     adequately for the education of such dependents.

                 [DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          [Indian Health Service


                        [indian health services

       [For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $2,732,298,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That up to $18,000,000 shall 
     remain available until expended, for the Indian Catastrophic 
     Health Emergency Fund: Provided further, That $507,021,000 
     for contract medical care shall remain available for 
     obligation until September 30, 2007: Provided further, That 
     of the funds provided, up to $27,000,000, to remain available 
     until expended, shall be used to carry out the loan repayment 
     program under section 108 of the Indian Health Care 
     Improvement Act: Provided further, That funds provided in 
     this Act may be used for one-year contracts and grants which 
     are to be performed in two fiscal years, so long as the total 
     obligation is recorded in the year for which the funds are 
     appropriated: Provided further, That the amounts collected by 
     the Secretary of Health and Human Services under the 
     authority of title IV of the Indian Health Care Improvement 
     Act shall remain available until expended for the purpose of 
     achieving compliance with the applicable conditions and 
     requirements of titles XVIII and XIX of the Social Security 
     Act (exclusive of planning, design, or construction of new 
     facilities): Provided further, That funding contained herein, 
     and in any earlier appropriations Acts for scholarship 
     programs under the Indian Health Care Improvement Act (25 
     U.S.C. 1613) shall remain available until expended: Provided 
     further, That amounts received by tribes and tribal 
     organizations under title IV of the Indian Health Care 
     Improvement Act shall be reported and accounted for and 
     available to the receiving tribes and tribal organizations 
     until expended: Provided further, That, notwithstanding any 
     other provision of law, of the amounts provided herein, not 
     to exceed $268,683,000 shall be for payments to tribes and 
     tribal organizations for contract or grant support costs 
     associated with contracts, grants, self-governance compacts 
     or annual funding agreements between the Indian Health 
     Service and a tribe or tribal organization pursuant to the 
     Indian Self-Determination Act of 1975, as amended, prior to 
     or during fiscal year 2006, of which not to exceed $5,000,000 
     may be used for contract support costs associated with new or 
     expanded self-determination contracts, grants, self-
     governance compacts or annual funding agreements: Provided 
     further, That funds available for the Indian Health Care 
     Improvement Fund may be used, as needed, to carry out 
     activities typically funded under the Indian Health 
     Facilities account: Provided further, That of the amounts 
     provided to the Indian Health Service, $15,000,000 is 
     provided for alcohol control, enforcement,

[[Page 14113]]

     prevention, treatment, sobriety and wellness, and education 
     in Alaska: Provided further, That none of the funds may be 
     used for tribal courts or tribal ordinance programs or any 
     program that is not directly related to alcohol control, 
     enforcement, prevention, treatment, or sobriety: Provided 
     further, That no more than 15 percent may be used by any 
     entity receiving funding for administrative overhead 
     including indirect costs: Provided further, That the Bureau 
     of Indian Affairs shall collect from the Indian Health 
     Service and tribes and tribal organizations operating health 
     facilities pursuant to Public Law 93-638 such individually 
     identifiable health information relating to disabled children 
     as may be necessary for the purpose of carrying out its 
     functions under the Individuals With Disability Education 
     Act, 20 U.S.C. 1400, et seq.


                       [indian health facilities

       [For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $370,774,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction or 
     renovation of health facilities for the benefit of an Indian 
     tribe or tribes may be used to purchase land for sites to 
     construct, improve, or enlarge health or related facilities: 
     Provided further, That not to exceed $500,000 shall be used 
     by the Indian Health Service to purchase TRANSAM equipment 
     from the Department of Defense for distribution to the Indian 
     Health Service and tribal facilities: Provided further, That 
     none of the funds appropriated to the Indian Health Service 
     may be used for sanitation facilities construction for new 
     homes funded with grants by the housing programs of the 
     United States Department of Housing and Urban Development: 
     Provided further, That not to exceed $1,000,000 from this 
     account and the ``Indian Health Services'' account shall be 
     used by the Indian Health Service to obtain ambulances for 
     the Indian Health Service and tribal facilities in 
     conjunction with an existing interagency agreement between 
     the Indian Health Service and the General Services 
     Administration: Provided further, That notwithstanding any 
     other provision of law, funds appropriated for the planning, 
     design, and construction of the replacement health care 
     facility in Barrow, Alaska, may be used to purchase land up 
     to approximately 8 hectares for a site upon which to 
     construct the new health care facility: Provided further, 
     That not to exceed $500,000 shall be placed in a Demolition 
     Fund, available until expended, to be used by the Indian 
     Health Service for demolition of Federal buildings.


           [administrative provisions, indian health service

       [Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefor as authorized by 5 U.S.C. 5901-5902; 
     and for expenses of attendance at meetings which are 
     concerned with the functions or activities for which the 
     appropriation is made or which will contribute to improved 
     conduct, supervision, or management of those functions or 
     activities.
       [In accordance with the provisions of the Indian Health 
     Care Improvement Act, non-Indian patients may be extended 
     health care at all tribally administered or Indian Health 
     Service facilities, subject to charges, and the proceeds 
     along with funds recovered under the Federal Medical Care 
     Recovery Act (42 U.S.C. 2651-2653) shall be credited to the 
     account of the facility providing the service and shall be 
     available without fiscal year limitation. Notwithstanding any 
     other law or regulation, funds transferred from the 
     Department of Housing and Urban Development to the Indian 
     Health Service shall be administered under Public Law 86-121 
     (the Indian Sanitation Facilities Act) and Public Law 93-638, 
     as amended.
       [Funds appropriated to the Indian Health Service in this 
     Act, except those used for administrative and program 
     direction purposes, shall not be subject to limitations 
     directed at curtailing Federal travel and transportation.
       [None of the funds made available to the Indian Health 
     Service in this Act shall be used for any assessments or 
     charges by the Department of Health and Human Services unless 
     identified in the budget justification and provided in this 
     Act, or approved by the House and Senate Committees on 
     Appropriations through the reprogramming process. Personnel 
     ceilings may not be imposed on the Indian Health Service nor 
     may any action be taken to reduce the full time equivalent 
     level of the Indian Health Service below the level in fiscal 
     year 2002 adjusted upward for the staffing of new and 
     expanded facilities, funding provided for staffing at the 
     Lawton, Oklahoma hospital in fiscal years 2003 and 2004, 
     critical positions not filled in fiscal year 2002, and 
     staffing necessary to carry out the intent of Congress with 
     regard to program increases.
       [Notwithstanding any other provision of law, funds 
     previously or herein made available to a tribe or tribal 
     organization through a contract, grant, or agreement 
     authorized by title I or title V of the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), may be deobligated and reobligated to a self-
     determination contract under title I, or a self-governance 
     agreement under title V of such Act and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation.
       [None of the funds made available to the Indian Health 
     Service in this Act shall be used to implement the final rule 
     published in the Federal Register on September 16, 1987, by 
     the Department of Health and Human Services, relating to the 
     eligibility for the health care services of the Indian Health 
     Service until the Indian Health Service has submitted a 
     budget request reflecting the increased costs associated with 
     the proposed final rule, and such request has been included 
     in an appropriations Act and enacted into law.
       [With respect to functions transferred by the Indian Health 
     Service to tribes or tribal organizations, the Indian Health 
     Service is authorized to provide goods and services to those 
     entities, on a reimbursable basis, including payment in 
     advance with subsequent adjustment. The reimbursements 
     received therefrom, along with the funds received from those 
     entities pursuant to the Indian Self-Determination Act, may 
     be credited to the same or subsequent appropriation account 
     which provided the funding. Such amounts shall remain 
     available until expended.
       [Reimbursements for training, technical assistance, or 
     services provided by the Indian Health Service will contain 
     total costs, including direct, administrative, and overhead 
     associated with the provision of goods, services, or 
     technical assistance.
       [The appropriation structure for the Indian Health Service 
     may not be altered without advance notification to the House 
     and Senate Committees on Appropriations.

                      [National Institutes of Health


          [national institute of environmental health sciences

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

            [Agency for Toxic Substances and Disease Registry


           [toxic substances and environmental public health

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

                         [OTHER RELATED AGENCIES

                    [Executive Office of the President


 [council on environmental quality and office of environmental quality

       [For necessary expenses to continue functions assigned to 
     the Council on Environmental Quality and Office of 
     Environmental Quality pursuant to the National Environmental 
     Policy Act of 1969, the Environmental Quality Improvement Act 
     of 1970, and

[[Page 14114]]

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

             [Chemical Safety and Hazard Investigation Board


                         [salaries and expenses

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

               [Office of Navajo and Hopi Indian Relocation


                         [salaries and expenses

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

    [Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                       [payment to the institute

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

                         [Smithsonian Institution


                         [salaries and expenses

       [For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; up to five 
     replacement passenger vehicles; purchase, rental, repair, and 
     cleaning of uniforms for employees, $524,381,000, of which 
     not to exceed $10,992,000 for the instrumentation program, 
     collections acquisition, exhibition reinstallation, the 
     National Museum of African American History and Culture, and 
     the repatriation of skeletal remains program shall remain 
     available until expended; and of which $9,086,000 for the 
     reopening of the Patent Office Building and  for fellowships 
     and scholarly awards shall remain available until September 
     30, 2007; and including such funds as may be necessary to 
     support American overseas research centers and a total of 
     $125,000 for the Council of American Overseas Research 
     Centers: Provided, That funds appropriated herein are 
     available for advance payments to independent contractors 
     performing research services or participating in official 
     Smithsonian presentations: Provided further, That the 
     Smithsonian Institution may expend Federal appropriations 
     designated in this Act for lease or rent payments for long 
     term and swing space, as rent payable to the Smithsonian 
     Institution, and such rent payments may be deposited into the 
     general trust funds of the Institution to the extent that 
     federally supported activities are housed in the 900 H 
     Street, N.W. building in the District of Columbia: Provided 
     further, That this use of Federal appropriations shall not be 
     construed as debt service, a Federal guarantee of, a transfer 
     of risk to, or an obligation of, the Federal Government: 
     Provided further, That no appropriated funds may be used to 
     service debt which is incurred to finance the costs of 
     acquiring the 900 H Street building or of planning, 
     designing, and constructing improvements to such building.


                          [facilities capital

       [For necessary expenses of repair, revitalization, and 
     alteration of facilities owned or occupied by the Smithsonian 
     Institution, by contract or otherwise, as authorized by 
     section 2 of the Act of August 22, 1949 (63 Stat. 623), and 
     for construction, including necessary personnel, $90,900,000, 
     to remain available until expended, of which not to exceed 
     $10,000 is for services as authorized by 5 U.S.C. 3109: 
     Provided, That contracts awarded for environmental systems, 
     protection systems, and repair or restoration of facilities 
     of the Smithsonian Institution may be negotiated with 
     selected contractors and awarded on the basis of contractor 
     qualifications as well as price.

          [administrative provisions, smithsonian institution

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

                         [National Gallery of Art


                         [salaries and expenses

       [For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $97,100,000, 
     of which not to exceed $3,157,000 for the special exhibition 
     program shall remain available until expended.


            [repair, restoration and renovation of buildings

       [For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $16,200,000, to remain available 
     until expended: Provided, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price: 
     Provided further, That, notwithstanding any other provision 
     of law, a single procurement for the Master Facilities Plan 
     renovation project at the National Gallery of Art may be 
     issued which includes the full scope of the Work Area #3 
     project: Provided further, That the solicitation and the 
     contract shall contain the clause ``availability of funds'' 
     found at 48 CFR 52.232.18.

[[Page 14115]]



            [John F. Kennedy Center for the Performing Arts


                      [operations and maintenance

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


                             [construction

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

           [Woodrow Wilson International Center for Scholars


                         [salaries and expenses

       [For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $9,085,000.

          [National Foundation on the Arts and the Humanities

                    [National Endowment for the Arts


                       [grants and administration

       [For necessary expenses to carry out the National 
     Foundation on the Arts and the Humanities Act of 1965, as 
     amended, $121,264,000 (increased by $10,000,000) shall be 
     available to the National Endowment for the Arts for the 
     support of projects and productions in the arts through 
     assistance to organizations and individuals pursuant to 
     sections 5(c) and 5(g) of the Act, including $14,922,000 
     (increased by $10,000,000) for support of arts education and 
     public outreach activities through the Challenge America 
     program, for program support, and for administering the 
     functions of the Act, to remain available until expended: 
     Provided, That funds previously appropriated to the National 
     Endowment for the Arts ``Matching Grants'' account and 
     ``Challenge America'' account may be transferred to and 
     merged with this account.

                 [National Endowment for the Humanities


                       [grants and administration

       [For necessary expenses to carry out the National 
     Foundation on the Arts and the Humanities Act of 1965, as 
     amended, $122,605,000 (increased by $5,000,000), shall be 
     available to the National Endowment for the Humanities for 
     support of activities in the humanities, pursuant to section 
     7(c) of the Act, and for administering the functions of the 
     Act, to remain available until expended.


                            [matching grants

       [To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $15,449,000, to remain available until 
     expended, of which $10,000,000 shall be available to the 
     National Endowment for the Humanities for the purposes of 
     section 7(h): Provided, That this appropriation shall be 
     available for obligation only in such amounts as may be equal 
     to the total amounts of gifts, bequests, and devises of 
     money, and other property accepted by the chairman or by 
     grantees of the Endowment under the provisions of subsections 
     11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.

                       [Administrative Provisions

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

                        [Commission of Fine Arts

                         [salaries and expenses

       [For expenses made necessary by the Act establishing a 
     Commission of Fine Arts (40 U.S.C. 104), $1,893,000: 
     Provided, That the Commission is authorized to charge fees to 
     cover the full costs of its publications, and such fees shall 
     be credited to this account as an offsetting collection, to 
     remain available until expended without further 
     appropriation.

              [national capital arts and cultural affairs

       [For necessary expenses as authorized by Public Law 99-190 
     (20 U.S.C. 956(a)), as amended, $7,000,000: Provided, That no 
     one organization shall receive a grant in excess of $400,000 
     in a single year.

               [Advisory Council on Historic Preservation

                         [salaries and expenses

       [For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), $4,860,000: 
     Provided, That none of these funds shall be available for 
     compensation of level V of the Executive Schedule or higher 
     positions.

                 [National Capital Planning Commission

                         [salaries and expenses

       [For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $8,177,000: 
     Provided, That one-quarter of 1 percent of the funds provided 
     under this heading may be used for official reception and 
     representational expenses to host international visitors 
     engaged in the planning and physical development of world 
     capitals.

                [United States Holocaust Memorial Museum

                       [holocaust memorial museum

       [For expenses of the Holocaust Memorial Museum, as 
     authorized by Public Law 106-292 (36 U.S.C. 2301-2310), 
     $41,880,000, of which $1,874,000 for the museum's repair and 
     rehabilitation program and $1,246,000 for the museum's 
     exhibitions program shall remain available until expended.

                            [Presidio Trust

                          [presidio trust fund

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

     [White House Commission on the National Moment of Remembrance

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

                     [TITLE IV--GENERAL PROVISIONS

       [Sec. 401. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive Order issued pursuant to existing law.
       [Sec. 402. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which Congressional action is not complete.
       [Sec. 403. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       [Sec. 404. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       [Sec. 405. No assessments may be levied against any 
     program, budget activity, subactivity, or project funded by 
     this Act unless notice of such assessments and the basis 
     therefor are presented to the Committees on Appropriations 
     and are approved by such committees.
       [Sec. 406. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 2004.
       [Sec. 407. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       [(b) Exceptions.--The provisions of subsection (a) shall 
     not apply if the Secretary of the Interior determines that, 
     for the claim concerned: (1) a patent application was filed 
     with the Secretary on or before September 30, 1994; and (2) 
     all requirements established under sections 2325 and 2326 of 
     the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       [(c) Report.--On September 30, 2006, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on actions taken by the 
     Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       [(d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole

[[Page 14116]]

     responsibility to choose and pay the third-party contractor 
     in accordance with the standard procedures employed by the 
     Bureau of Land Management in the retention of third-party 
     contractors.
       [Sec. 408. Notwithstanding any other provision of law, 
     amounts appropriated to or earmarked in committee reports for 
     the Bureau of Indian Affairs and the Indian Health Service by 
     Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
     277, 106-113, 106-291, 107-63, 108-7, 108-108, and 108-447 
     for payments to tribes and tribal organizations for contract 
     support costs associated with self-determination or self-
     governance contracts, grants, compacts, or annual funding 
     agreements with the Bureau of Indian Affairs or the Indian 
     Health Service as funded by such Acts, are the total amounts 
     available for fiscal years 1994 through 2005 for such 
     purposes, except that, for the Bureau of Indian Affairs, 
     tribes and tribal organizations may use their tribal priority 
     allocations for unmet contract support costs of ongoing 
     contracts, grants, self-governance compacts or annual funding 
     agreements.
       [Sec. 409. Of the funds provided to the National Endowment 
     for the Arts:
       [(1) The Chairperson shall only award a grant to an 
     individual if such grant is awarded to such individual for a 
     literature fellowship, National Heritage Fellowship, or 
     American Jazz Masters Fellowship.
       [(2) The Chairperson shall establish procedures to ensure 
     that no funding provided through a grant, except a grant made 
     to a State or local arts agency, or regional group, may be 
     used to make a grant to any other organization or individual 
     to conduct activity independent of the direct grant 
     recipient. Nothing in this subsection shall prohibit payments 
     made in exchange for goods and services.
       [(3) No grant shall be used for seasonal support to a 
     group, unless the application is specific to the contents of 
     the season, including identified programs and/or projects.
       [Sec. 410. The National Endowment for the Arts and the 
     National Endowment for the Humanities are authorized to 
     solicit, accept, receive, and invest in the name of the 
     United States, gifts, bequests, or devises of money and other 
     property or services and to use such in furtherance of the 
     functions of the National Endowment for the Arts and the 
     National Endowment for the Humanities. Any proceeds from such 
     gifts, bequests, or devises, after acceptance by the National 
     Endowment for the Arts or the National Endowment for the 
     Humanities, shall be paid by the donor or the representative 
     of the donor to the Chairman. The Chairman shall enter the 
     proceeds in a special interest-bearing account to the credit 
     of the appropriate endowment for the purposes specified in 
     each case.
       [Sec. 411. (a) In providing services or awarding financial 
     assistance under the National Foundation on the Arts and the 
     Humanities Act of 1965 from funds appropriated under this 
     Act, the Chairperson of the National Endowment for the Arts 
     shall ensure that priority is given to providing services or 
     awarding financial assistance for projects, productions, 
     workshops, or programs that serve underserved populations.
       [(b) In this section:
       [(1) The term ``underserved population'' means a population 
     of individuals, including urban minorities, who have 
     historically been outside the purview of arts and humanities 
     programs due to factors such as a high incidence of income 
     below the poverty line or to geographic isolation.
       [(2) The term ``poverty line'' means the poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
     family of the size involved.
       [(c) In providing services and awarding financial 
     assistance under the National Foundation on the Arts and 
     Humanities Act of 1965 with funds appropriated by this Act, 
     the Chairperson of the National Endowment for the Arts shall 
     ensure that priority is given to providing services or 
     awarding financial assistance for projects, productions, 
     workshops, or programs that will encourage public knowledge, 
     education, understanding, and appreciation of the arts.
       [(d) With funds appropriated by this Act to carry out 
     section 5 of the National Foundation on the Arts and 
     Humanities Act of 1965--
       [(1) the Chairperson shall establish a grant category for 
     projects, productions, workshops, or programs that are of 
     national impact or availability or are able to tour several 
     States;
       [(2) the Chairperson shall not make grants exceeding 15 
     percent, in the aggregate, of such funds to any single State, 
     excluding grants made under the authority of paragraph (1);
       [(3) the Chairperson shall report to the Congress annually 
     and by State, on grants awarded by the Chairperson in each 
     grant category under section 5 of such Act; and
       [(4) the Chairperson shall encourage the use of grants to 
     improve and support community-based music performance and 
     education.
       [Sec. 412. No part of any appropriation contained in this 
     Act shall be expended or obligated to complete and issue the 
     5-year program under the Forest and Rangeland Renewable 
     Resources Planning Act.
       [Sec. 413. Amounts deposited during fiscal year 2005 in the 
     roads and trails fund provided for in the 14th paragraph 
     under the heading ``FOREST SERVICE'' of the Act of March 4, 
     1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the 
     Secretary of Agriculture, without regard to the State in 
     which the amounts were derived, to repair or reconstruct 
     roads, bridges, and trails on National Forest System lands or 
     to carry out and administer projects to improve forest health 
     conditions, which may include the repair or reconstruction of 
     roads, bridges, and trails on National Forest System lands in 
     the wildland-community interface where there is an abnormally 
     high risk of fire. The projects shall emphasize reducing 
     risks to human safety and public health and property and 
     enhancing ecological functions, long-term forest 
     productivity, and biological integrity. The projects may be 
     completed in a subsequent fiscal year. Funds shall not be 
     expended under this section to replace funds which would 
     otherwise appropriately be expended from the timber salvage 
     sale fund. Nothing in this section shall be construed to 
     exempt any project from any environmental law.
       [Sec. 414. Other than in emergency situations, none of the 
     funds in this Act may be used to operate telephone answering 
     machines during core business hours unless such answering 
     machines include an option that enables callers to reach 
     promptly an individual on-duty with the agency being 
     contacted.
       [Sec. 415. Prior to October 1, 2006, the Secretary of 
     Agriculture shall not be considered to be in violation of 
     subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
     solely because more than 15 years have passed without 
     revision of the plan for a unit of the National Forest 
     System. Nothing in this section exempts the Secretary from 
     any other requirement of the Forest and Rangeland Renewable 
     Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 
     law: Provided, That if the Secretary is not acting 
     expeditiously and in good faith, within the funding 
     available, to revise a plan for a unit of the National Forest 
     System, this section shall be void with respect to such plan 
     and a court of proper jurisdiction may order completion of 
     the plan on an accelerated basis.
       [Sec. 416. No funds provided in this Act may be expended to 
     conduct preleasing, leasing and related activities under 
     either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     within the boundaries of a National Monument established 
     pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     as such boundary existed on January 20, 2001, except where 
     such activities are allowed under the Presidential 
     proclamation establishing such monument.
       [Sec. 417. Extension of Forest Service Conveyances Pilot 
     Program.--Section 329 of the Department of the Interior and 
     Related Agencies Appropriations Act, 2002 (16 U.S.C. 580d 
     note; Public Law 107-63) is amended--
       [(1) in subsection (b), by striking ``40'' and inserting 
     ``60'';
       [(2) in subsection (c) by striking ``13'' and inserting 
     ``25''; and
       [(3) in subsection (d), by striking ``2008'' and inserting 
     ``2009''.
       [Sec.  418. In entering into agreements with foreign 
     countries pursuant to the Wildfire Suppression Assistance Act 
     (42 U.S.C. 1856m) the Secretary of Agriculture and the 
     Secretary of the Interior are authorized to enter into 
     reciprocal agreements in which the individuals furnished 
     under said agreements to provide wildfire services are 
     considered, for purposes of tort liability, employees of the 
     country receiving said services when the individuals are 
     engaged in fire suppression: Provided, That the Secretary of 
     Agriculture or the Secretary of the Interior shall not enter 
     into any agreement under this provision unless the foreign 
     country (either directly or through its fire organization) 
     agrees to assume any and all liability for the acts or 
     omissions of American firefighters engaged in firefighting in 
     a foreign country: Provided further, That when an agreement 
     is reached for furnishing fire fighting services, the only 
     remedies for acts or omissions committed while fighting fires 
     shall be those provided under the laws of the host country, 
     and those remedies shall be the exclusive remedies for any 
     claim arising out of fighting fires in a foreign country: 
     Provided further, That neither the sending country nor any 
     legal organization associated with the firefighter shall be 
     subject to any legal action whatsoever pertaining to or 
     arising out of the firefighter's role in fire suppression.
       [Sec. 419. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this Act or any 
     other appropriations Act.
       [Sec. 420. In awarding a Federal contract with funds made 
     available by this Act, the Secretary of Agriculture and the 
     Secretary of the Interior (the ``Secretaries'') may, in

[[Page 14117]]

     evaluating bids and proposals, give consideration to local 
     contractors who are from, and who provide employment and 
     training for, dislocated and displaced workers in an 
     economically disadvantaged rural community, including those 
     historically timber-dependent areas that have been affected 
     by reduced timber harvesting on Federal lands and other 
     forest-dependent rural communities isolated from significant 
     alternative employment opportunities: Provided, That the 
     Secretaries may award contracts, grants or cooperative 
     agreements to local non-profit entities, Youth Conservation 
     Corps or related partnerships with State, local or non-profit 
     youth groups, or small or disadvantaged business or micro-
     business: Provided further, That the contract, grant, or 
     cooperative agreement is for forest hazardous fuels 
     reduction, watershed or water quality monitoring or 
     restoration, wildlife or fish population monitoring, or 
     habitat restoration or management: Provided further, That the 
     terms ``rural community'' and ``economically disadvantaged'' 
     shall have the same meanings as in section 2374 of Public Law 
     101-624: Provided further, That the Secretaries shall develop 
     guidance to implement this section: Provided further, That 
     nothing in this section shall be construed as relieving the 
     Secretaries of any duty under applicable procurement laws, 
     except as provided in this section.
       [Sec. 421. No funds appropriated in this Act for the 
     acquisition of lands or interests in lands may be expended 
     for the filing of declarations of taking or complaints in 
     condemnation without the approval of the House and Senate 
     Committees on Appropriations: Provided, That this provision 
     shall not apply to funds appropriated to implement the 
     Everglades National Park Protection and Expansion Act of 
     1989, or to funds appropriated for Federal assistance to the 
     State of Florida to acquire lands for Everglades restoration 
     purposes.
       [Sec. 422. (a) Limitation on Competitive Sourcing 
     Studies.--
       [(1) Of the funds made available by this or any other Act 
     to the Department of the Interior for fiscal year 2006, not 
     more than $3,450,000 may be used by the Secretary of the 
     Interior to initiate or continue competitive sourcing studies 
     in fiscal year 2006 for programs, projects, and activities 
     for which funds are appropriated by this Act and such funds 
     shall not be available until the Secretary submits a 
     reprogramming proposal to the Committees on Appropriations of 
     the Senate and the House of Representatives, and such 
     proposal has been processed consistent with the reprogramming 
     guidelines in House Report 108-330.
       [(2) Of the funds appropriated by this Act, not more than 
     $2,500,000 may be used in fiscal year 2006 for competitive 
     sourcing studies and related activities by the Forest 
     Service.
       [(b) Competitive Sourcing Study Defined.--In this section, 
     the term ``competitive sourcing study'' means a study on 
     subjecting work performed by Federal Government employees or 
     private contractors to public-private competition or on 
     converting the Federal Government employees or the work 
     performed by such employees to private contractor performance 
     under the Office of Management and Budget Circular A-76 or 
     any other administrative regulation, directive, or policy.
       [(c) Competitive Sourcing Exemption for Forest Service 
     Studies Conducted Prior to Fiscal Year 2006.--The Forest 
     Service is hereby exempted from implementing the Letter of 
     Obligation and post-competition accountability guidelines 
     where a competitive sourcing study involved 65 or fewer full-
     time equivalents, the performance decision was made in favor 
     of the agency provider; no net savings was achieved by 
     conducting the study, and the study was completed prior to 
     the date of this Act.
       [Sec.  423. Estimated overhead charges, deductions, 
     reserves or holdbacks from programs, projects and activities 
     to support governmentwide, departmental, agency or bureau 
     administrative functions or headquarters, regional or central 
     office operations shall be presented in annual budget 
     justifications. Changes to such estimates shall be presented 
     to the Committees on Appropriations for approval.
       [Sec. 424. None of the funds in this Act or prior Acts 
     making appropriations for the Department of the Interior and 
     Related Agencies may be provided to the managing partners or 
     their agents for the SAFECOM or Disaster Management projects.
       [Sec. 425. (a) In General.--An entity that enters into a 
     contract with the United States to operate the National 
     Recreation Reservation Service (as solicited by the 
     solicitation numbered WO-04-06vm) shall not carry out any 
     duties under the contract using:
       [(1) a contact center located outside the United States; or
       [(2) a reservation agent who does not live in the United 
     States.
       [(b) No Waiver.--The Secretary of Agriculture may not waive 
     the requirements of subsection (a).
       [(c) Telecommuting.--A reservation agent who is carrying 
     out duties under the contract described in subsection (a) may 
     not telecommute from a location outside the United States.
       [(d) Limitations.--Nothing in this Act shall be construed 
     to apply to any employee of the entity who is not a 
     reservation agent carrying out the duties under the contract 
     described in subsection (a) or who provides managerial or 
     support services.
       [Sec. 426. Section 331, of Public Law 106-113, is amended--
       [(1) in part (a) by striking ``2005'' and inserting 
     ``2009''; and
       [(2) in part (b) by striking ``2005'' and inserting 
     ``2009''.
       [Sec. 427. Section 330 of the Department of the Interior 
     and Related Agencies Appropriations Act, 2001 (Public Law 
     106-291; 114 Stat. 996; 43 U.S.C. 1701 note), is amended--
       [(1) in the first sentence, by striking ``2005'' and 
     inserting ``2008'';
       [(2) in the third sentence, by inserting ``, National Park 
     Service, Fish and Wildlife Service,'' after ``Bureau of Land 
     Management''; and
       [(3) by adding at the end the following new sentence: ``To 
     facilitate the sharing of resources under the Service First 
     initiative, the Secretaries of the Interior and Agriculture 
     may make transfers of funds and reimbursement of funds on an 
     annual basis among the land management agencies referred to 
     in this section, except that this authority may not be used 
     to circumvent requirements and limitations imposed on the use 
     of funds.''.
       [Sec. 428. The Secretary of Agriculture may acquire, by 
     exchange or otherwise, a parcel of real property, including 
     improvements thereon, of the Inland Valley Development Agency 
     of San Bernardino, California, or its successors and assigns, 
     generally comprising Building No. 3 and Building No. 4 of the 
     former Defense Finance and Accounting Services complex 
     located at the southwest corner of Tippecanoe Avenue and Mill 
     Street in San Bernardino, California, adjacent to the former 
     Norton Air Force Base. As full consideration for the property 
     to be acquired, the Secretary of Agriculture may terminate 
     the leasehold rights of the United States received pursuant 
     to section 8121(a)(2) of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 999). 
     The acquisition of the property shall be on such terms and 
     conditions as the Secretary of Agriculture considers 
     appropriate and may be carried out without appraisals, 
     environmental or administrative surveys, consultations, 
     analyses, or other considerations of the condition of the 
     property.
       [Sec. 429. The Secretary of the Interior shall submit to 
     the House Committee on Appropriations a report detailing the 
     Federal expenditures pursuant to the Southern Nevada Public 
     Lands Management Act (section 4(e)(3) of Public Law 105-263) 
     for fiscal years 2003 and 2004.
       [Sec. 430. None of the funds in this Act may be used to 
     prepare or issue a permit or lease for oil or gas drilling in 
     the Finger Lakes National Forest, New York, during fiscal 
     year 2006.
       [Sec. 431. None of the funds made available in this Act for 
     the Department of the Interior may be used to implement the 
     first proviso under the heading ``United States Fish and 
     Wildlife Service-land acquisition''.
       [Sec. 432. None of the funds made available in this Act may 
     be used in contravention of Executive Order No. 12898 
     (Federal Actions to Address Environmental Justice in Minority 
     Populations and Low-Income Populations) or to delay the 
     implementation of that order.
       [Sec. 433. None of the funds made available in this Act may 
     be used to finalize, issue, implement, or enforce the 
     proposed policy of the Environmental Protection Agency 
     entitled ``National Pollutant Discharge Elimination System 
     (NPDES) Permit Requirements for Municipal Wastewater 
     Treatment During Wet Weather Conditions'', dated November 3, 
     2003 (68 Fed. Reg. 63042).
       [Sec. 434. None of the funds made available in this Act may 
     be used by the Administrator of the Environmental Protection 
     Agency--
       [(1) to accept, consider, or rely on third-party 
     intentional dosing human +studies for pesticides; or
       [(2) to conduct intentional dosing human studies for 
     pesticides.
       [Sec. 435. None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 Federal employees at any single conference occurring 
     outside the United States.
       [Sec. 436. None of the funds made available in this Act for 
     the Department of the Interior may be used to enter into or 
     renew any concession contract except a concession contract 
     that includes a provision that requires that merchandise for 
     sale at units of the National Park System be made in any 
     State of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, the Virgin Islands, 
     American Samoa, or the Commonwealth of the Northern Mariana 
     Islands.

     [SEC. 437. LIMITATION ON USE OF FUNDS FOR SALE OR SLAUGHTER 
                   OF FREE-ROAMING HORSES AND BURROS.

       [None of the funds made available by this Act may be used 
     for the sale or slaughter of wild free-roaming horses and 
     burros (as defined in Public Law 92-195).
       [This Act may be cited as the ``Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 
     2006''.]


[[Page 14118]]


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

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   Management of lands and resources

       For necessary expenses for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     $867,045,000, to remain available until expended, of which 
     $1,000,000 is for high priority projects, to be carried out 
     by the Youth Conservation Corps; and of which $3,000,000 
     shall be available in fiscal year 2006 subject to a match by 
     at least an equal amount by the National Fish and Wildlife 
     Foundation for cost-shared projects supporting conservation 
     of Bureau lands; and such funds shall be advanced to the 
     Foundation as a lump sum grant without regard to when 
     expenses are incurred.
       In addition, $32,696,000 is for Mining Law Administration 
     program operations, including the cost of administering the 
     mining claim fee program; to remain available until expended, 
     to be reduced by amounts collected by the Bureau and credited 
     to this appropriation from annual mining claim fees so as to 
     result in a final appropriation estimated at not more than 
     $867,045,000, and $2,000,000, to remain available until 
     expended, from communication site rental fees established by 
     the Bureau for the cost of administering communication site 
     activities.


                        Wildland fire management

       For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior, $766,564,000, 
     to remain available until expended, of which not to exceed 
     $7,849,000 shall be for the renovation or construction of 
     fire facilities: Provided, That such funds are also available 
     for repayment of advances to other appropriation accounts 
     from which funds were previously transferred for such 
     purposes: Provided further, That persons hired pursuant to 43 
     U.S.C. 1469 may be furnished subsistence and lodging without 
     cost from funds available from this appropriation: Provided 
     further, That notwithstanding 42 U.S.C. 1856d, sums received 
     by a bureau or office of the Department of the Interior for 
     fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
     protection of United States property, may be credited to the 
     appropriation from which funds were expended to provide that 
     protection, and are available without fiscal year limitation: 
     Provided further, That using the amounts designated under 
     this title of this Act, the Secretary of the Interior may 
     enter into procurement contracts, grants, or cooperative 
     agreements, for hazardous fuels reduction activities, and for 
     training and monitoring associated with such hazardous fuels 
     reduction activities, on Federal land, or on adjacent non-
     Federal land for activities that benefit resources on Federal 
     land: Provided further, That the costs of implementing any 
     cooperative agreement between the Federal Government and any 
     non-Federal entity may be shared, as mutually agreed on by 
     the affected parties: Provided further, That notwithstanding 
     requirements of the Competition in Contracting Act, the 
     Secretary, for purposes of hazardous fuels reduction 
     activities, may obtain maximum practicable competition among: 
     (1) local private, nonprofit, or cooperative entities; (2) 
     Youth Conservation Corps crews or related partnerships with 
     State, local, or non-profit youth groups; (3) small or micro-
     businesses; or (4) other entities that will hire or train 
     locally a significant percentage, defined as 50 percent or 
     more, of the project workforce to complete such contracts: 
     Provided further, That in implementing this section, the 
     Secretary shall develop written guidance to field units to 
     ensure accountability and consistent application of the 
     authorities provided herein: Provided further, That funds 
     appropriated under this head may be used to reimburse the 
     United States Fish and Wildlife Service and the National 
     Marine Fisheries Service for the costs of carrying out their 
     responsibilities under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.) to consult and conference, as required 
     by section 7 of such Act, in connection with wildland fire 
     management activities: Provided further, That the Secretary 
     of the Interior may use wildland fire appropriations to enter 
     into non-competitive sole source leases of real property with 
     local governments, at or below fair market value, to 
     construct capitalized improvements for fire facilities on 
     such leased properties, including but not limited to fire 
     guard stations, retardant stations, and other initial attack 
     and fire support facilities, and to make advance payments for 
     any such lease or for construction activity associated with 
     the lease: Provided further, That the Secretary of the 
     Interior and the Secretary of Agriculture may authorize the 
     transfer of funds appropriated for wildland fire management, 
     in an aggregate amount not to exceed $12,000,000, between the 
     Departments when such transfers would facilitate and expedite 
     jointly funded wildland fire management programs and 
     projects: Provided further, That funds provided for wildfire 
     suppression shall be available for support of Federal 
     emergency response actions.


                              Construction

       For construction of buildings, recreation facilities, 
     roads, trails, and appurtenant facilities, $9,976,000, to 
     remain available until expended.


                            Land acquisition

       For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, $12,250,000, to be derived from the Land and Water 
     Conservation Fund and to remain available until expended.


                   Oregon and California grant lands

       For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein, 
     including existing connecting roads on or adjacent to such 
     grant lands; $110,070,000, to remain available until 
     expended: Provided, That 25 percent of the aggregate of all 
     receipts during the current fiscal year from the revested 
     Oregon and California Railroad grant lands is hereby made a 
     charge against the Oregon and California land-grant fund and 
     shall be transferred to the General Fund in the Treasury in 
     accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (50 Stat. 876).


               forest ecosystem health and recovery fund

                   (REVOLVING FUND, SPECIAL ACCOUNT)

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


                           Range improvements

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


               Service charges, deposits, and forfeitures

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


                       Miscellaneous trust funds

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


                       ADMINISTRATIVE PROVISIONS

       Appropriations for the Bureau of Land Management shall be 
     available for purchase, erection, and dismantlement of 
     temporary structures, and alteration and maintenance of 
     necessary buildings and appurtenant facilities to which the 
     United States has title; up to $100,000 for payments, at the 
     discretion of the Secretary,

[[Page 14119]]

     for information or evidence concerning violations of laws 
     administered by the Bureau; miscellaneous and emergency 
     expenses of enforcement activities authorized or approved by 
     the Secretary and to be accounted for solely on her 
     certificate, not to exceed $10,000: Provided, That 
     notwithstanding 44 U.S.C. 501, the Bureau may, under 
     cooperative cost-sharing and partnership arrangements 
     authorized by law, procure printing services from cooperators 
     in connection with jointly produced publications for which 
     the cooperators share the cost of printing either in cash or 
     in services, and the Bureau determines the cooperator is 
     capable of meeting accepted quality standards.

                United States Fish and Wildlife Service


                          Resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, as authorized by law, and for scientific 
     and economic studies, maintenance of the herd of long-horned 
     cattle on the Wichita Mountains Wildlife Refuge, general 
     administration, and for the performance of other authorized 
     functions related to such resources by direct expenditure, 
     contracts, grants, cooperative agreements and reimbursable 
     agreements with public and private entities, $993,485,000, to 
     remain available until September 30, 2007, except as 
     otherwise provided herein: Provided, That $2,000,000 is for 
     high priority projects, which shall be carried out by the 
     Youth Conservation Corps: Provided further, That not to 
     exceed $18,130,000 shall be used for implementing subsections 
     (a), (b), (c), and (e) of section 4 of the Endangered Species 
     Act, as amended, for species that are indigenous to the 
     United States (except for processing petitions, developing 
     and issuing proposed and final regulations, and taking any 
     other steps to implement actions described in subsection 
     (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to 
     exceed $12,852,000 shall be used for any activity regarding 
     the designation of critical habitat, pursuant to subsection 
     (a)(3), excluding litigation support, for species listed 
     pursuant to subsection (a)(1) prior to October 1, 2005: 
     Provided further, That of the amount available for law 
     enforcement, up to $400,000, to remain available until 
     expended, may at the discretion of the Secretary be used for 
     payment for information, rewards, or evidence concerning 
     violations of laws administered by the Service, and 
     miscellaneous and emergency expenses of enforcement activity, 
     authorized or approved by the Secretary and to be accounted 
     for solely on her certificate: Provided further, That of the 
     amount provided for environmental contaminants, up to 
     $1,000,000 may remain available until expended for 
     contaminant sample analyses.


                              Construction

       For construction, improvement, acquisition, or removal of 
     buildings and other facilities required in the conservation, 
     management, investigation, protection, and utilization of 
     fishery and wildlife resources, and the acquisition of lands 
     and interests therein; $31,811,000, to remain available until 
     expended: Provided, That funds made available under the 2005 
     Consolidated Appropriations Act (Public Law 108-447) for the 
     Chase Lake and Arrowwood National Wildlife Refuges, North 
     Dakota, shall be transferred to North Dakota State University 
     to complete planning and design for a Joint Interpretive 
     Center.


                            Land acquisition

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the United 
     States Fish and Wildlife Service, $40,827,000 to be derived 
     from the Land and Water Conservation Fund and to remain 
     available until expended.


                      Landowner incentive program

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $25,000,000, to be derived from the Land and Water 
     Conservation Fund, and to remain available until expended: 
     Provided, That the amount provided herein is for a Landowner 
     Incentive Program established by the Secretary that provides 
     matching, competitively awarded grants to States, the 
     District of Columbia, federally recognized Indian tribes, 
     Puerto Rico, Guam, the United States Virgin Islands, the 
     Northern Mariana Islands, and American Samoa, to establish or 
     supplement existing landowner incentive programs that provide 
     technical and financial assistance, including habitat 
     protection and restoration, to private landowners for the 
     protection and management of habitat to benefit federally 
     listed, proposed, candidate, or other at-risk species on 
     private lands.


                       Private stewardship grants

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $7,500,000, to be derived from the Land and Water 
     Conservation Fund, and to remain available until expended: 
     Provided, That the amount provided herein is for the Private 
     Stewardship Grants Program established by the Secretary to 
     provide grants and other assistance to individuals and groups 
     engaged in private conservation efforts that benefit 
     federally listed, proposed, candidate, or other at-risk 
     species.


            Cooperative endangered species conservation fund

       For expenses necessary to carry out section 6 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as 
     amended, $80,000,000, of which $34,347,000 is to be derived 
     from the Cooperative Endangered Species Conservation Fund and 
     $45,653,000 is to be derived from the Land and Water 
     Conservation Fund and to remain available until expended.


                     National wildlife refuge fund

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


               North American wetlands conservation fund

       For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act, Public Law 101-233, 
     as amended, $39,500,000, to remain available until expended.


                Neotropical Migratory Bird Conservation

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


                Multinational species conservation fund

       For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
     4241-4245, and 1538), the Asian Elephant Conservation Act of 
     1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros 
     and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), the 
     Great Ape Conservation Act of 2000 (16 U.S.C. 6301), and the 
     Marine Turtle Conservation Act of 2004 (Public Law 108-266; 
     16 U.S.C. 6601), $6,500,000, to remain available until 
     expended.


                    State and tribal wildlife grants

       For wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and federally recognized Indian tribes under the provisions 
     of the Fish and Wildlife Act of 1956 and the Fish and 
     Wildlife Coordination Act, for the development and 
     implementation of programs for the benefit of wildlife and 
     their habitat, including species that are not hunted or 
     fished, $72,000,000, to be derived from the Land and Water 
     Conservation Fund, and to remain available until expended: 
     Provided, That of the amount provided herein, $6,000,000 is 
     for a competitive grant program for Indian tribes not subject 
     to the remaining provisions of this appropriation: Provided 
     further, That the Secretary shall, after deducting said 
     $6,000,000 and administrative expenses, apportion the amount 
     provided herein in the following manner: (1) to the District 
     of Columbia and to the Commonwealth of Puerto Rico, each a 
     sum equal to not more than one-half of 1 percent thereof; and 
     (2) to Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Mariana 
     Islands, each a sum equal to not more than one-fourth of 1 
     percent thereof: Provided further, That the Secretary shall 
     apportion the remaining amount in the following manner: (1) 
     one-third of which is based on the ratio to which the land 
     area of such State bears to the total land area of all such 
     States; and (2) two-thirds of which is based on the ratio to 
     which the population of such State bears to the total 
     population of all such States: Provided further, That the 
     amounts apportioned under this paragraph shall be adjusted 
     equitably so that no State shall be apportioned a sum which 
     is less than 1 percent of the amount available for 
     apportionment under this paragraph for any fiscal year or 
     more than 5 percent of such amount: Provided further, That 
     the Federal share of planning grants shall not exceed 75 
     percent of the total costs of such projects and the Federal 
     share of implementation grants shall not exceed 50 percent of 
     the total costs of such projects: Provided further, That the 
     non-Federal share of such projects may not be derived from 
     Federal grant programs: Provided further, That no State, 
     territory, or other jurisdiction shall receive a grant unless 
     it has developed a comprehensive wildlife conservation plan, 
     consistent with criteria established by the Secretary of the 
     Interior, that considers the broad range of the State, 
     territory, or other jurisdiction's wildlife and associated 
     habitats, with appropriate priority placed on those species 
     with the greatest conservation need and taking into 
     consideration the relative level of funding available for the 
     conservation of those species: Provided further, That any 
     amount apportioned in 2006 to any State, territory, or other 
     jurisdiction that remains unobligated as of September 30, 
     2007, shall be reapportioned, together with funds 
     appropriated in 2008, in the manner provided herein: Provided 
     further, That balances from amounts previously appropriated 
     under the heading ``State Wildlife Grants'' shall be 
     transferred to and merged with this appropriation and shall 
     remain available until expended.


                       ADMINISTRATIVE PROVISIONS

       Appropriations and funds available to the United States 
     Fish and Wildlife Service shall be available for purchase of 
     not to exceed 61 passenger motor vehicles, of which 61 are 
     for replacement only (including 22 for police-type use); 
     repair of damage to public roads within and adjacent to 
     reservation areas caused by operations of the Service; 
     options for the purchase of land at not to exceed $1 for each 
     option; facilities incident to such public recreational uses 
     on conservation areas as are consistent with their primary 
     purpose; and the maintenance and improvement of aquaria, 
     buildings, and other facilities under the jurisdiction of the 
     Service and to which the United States has title,

[[Page 14120]]

     and which are used pursuant to law in connection with 
     management, and investigation of fish and wildlife resources: 
     Provided, That notwithstanding 44 U.S.C. 501, the Service 
     may, under cooperative cost sharing and partnership 
     arrangements authorized by law, procure printing services 
     from cooperators in connection with jointly produced 
     publications for which the cooperators share at least one-
     half the cost of printing either in cash or services and the 
     Service determines the cooperator is capable of meeting 
     accepted quality standards: Provided further, That, 
     notwithstanding any other provision of law, the Service may 
     use up to $2,000,000 from funds provided for contracts for 
     employment-related legal services: Provided further, That the 
     Service may accept donated aircraft as replacements for 
     existing aircraft: Provided further, That, notwithstanding 
     any other provision of law, the Secretary of the Interior may 
     not spend any of the funds appropriated in this Act for the 
     purchase of lands or interests in lands to be used in the 
     establishment of any new unit of the National Wildlife Refuge 
     System unless the purchase is approved in advance by the 
     House and Senate Committees on Appropriations in compliance 
     with the reprogramming procedures contained in House Report 
     108-330.

                         National Park Service


                 Operation of the national park system

       For expenses necessary for the management, operation, and 
     maintenance of areas and facilities administered by the 
     National Park Service (including special road maintenance 
     service to trucking permittees on a reimbursable basis), and 
     for the general administration of the National Park Service, 
     $1,748,486,000, of which $9,892,000 is for planning and 
     interagency coordination in support of Everglades restoration 
     and shall remain available until expended; of which 
     $98,100,000, to remain available until September 30, 2007, is 
     for maintenance, repair or rehabilitation projects for 
     constructed assets, operation of the National Park Service 
     automated facility management software system, and 
     comprehensive facility condition assessments; and of which 
     $1,937,000 is for the Youth Conservation Corps for high 
     priority projects: Provided, That the only funds in this 
     account which may be made available to support United States 
     Park Police are those funds approved for emergency law and 
     order incidents pursuant to established National Park Service 
     procedures, those funds needed to maintain and repair United 
     States Park Police administrative facilities, and those funds 
     necessary to reimburse the United States Park Police account 
     for the unbudgeted overtime and travel costs associated with 
     special events for an amount not to exceed $10,000 per event 
     subject to the review and concurrence of the Washington 
     headquarters office.


                       United States park police

       For expenses necessary to carry out the programs of the 
     United States Park Police, $80,411,000.


                  National recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, statutory or contractual aid for other 
     activities, and grant administration, not otherwise provided 
     for, $56,729,000: Provided, That none of the funds in this 
     Act for the River, Trails and Conservation Assistance program 
     may be used for cash agreements, or for cooperative 
     agreements that are inconsistent with the program's final 
     strategic plan.


                       Historic preservation fund

       For expenses necessary in carrying out the Historic 
     Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333), $72,500,000, to be derived from the Historic 
     Preservation Fund and to remain available until September 30, 
     2007, of which $30,000,000 shall be for Save America's 
     Treasures for preservation of nationally significant sites, 
     structures, and artifacts: Provided, That not to exceed 
     $7,500,000 of the amount provided for Save America's 
     Treasures may be for Preserve America grants to States, 
     Tribes, and local communities for projects that preserve 
     important historic resources through the promotion of 
     heritage tourism: Provided further, That any individual Save 
     America's Treasures or Preserve America grant shall be 
     matched by non-Federal funds: Provided further, That 
     individual projects shall only be eligible for one grant: 
     Provided further, That all projects to be funded shall be 
     approved by the Secretary of the Interior in consultation 
     with the House and Senate Committees on Appropriations, and 
     in consultation with the President's Committee on the Arts 
     and Humanities prior to the commitment of Save America's 
     Treasures grant funds and with the Advisory Council on 
     Historic Preservation prior to the commitment of Preserve 
     America grant funds: Provided further, That Save America's 
     Treasures funds allocated for Federal projects, following 
     approval, shall be available by transfer to appropriate 
     accounts of individual agencies.


                              Construction

                     (Including Transfer of Funds)

       For construction, improvements, repair or replacement of 
     physical facilities, including the modifications authorized 
     by section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989, $316,201,000, to remain available 
     until expended, of which $17,000,000 for modified water 
     deliveries to Everglades National Park shall be derived by 
     transfer from unobligated balances in the ``Land Acquisition 
     and State Assistance'' account for Everglades National Park 
     land acquisitions, and of which $500,000 for the Mark Twain 
     Boyhood Home National Historic Landmark shall be derived from 
     the Historic Preservation Fund pursuant to 16 U.S.C. 470a: 
     Provided, That none of the funds available to the National 
     Park Service may be used to plan, design, or construct any 
     partnership project with a total value in excess of 
     $5,000,000, without advance approval of the House and Senate 
     Committees on Appropriations: Provided further, That 
     notwithstanding any other provision of law, the National Park 
     Service may not accept donations or services associated with 
     the planning, design, or construction of such new facilities 
     without advance approval of the House and Senate Committees 
     on Appropriations: Provided further, That funds provided 
     under this heading for implementation of modified water 
     deliveries to Everglades National Park shall be expended 
     consistent with the requirements of the fifth proviso under 
     this heading in Public Law 108-108: Provided further, That 
     hereinafter notwithstanding any other provision of law, 
     procurements for the Mount Rainier National Park Jackson 
     Visitor Center replacement and the rehabilitation of Paradise 
     Inn and Annex may be issued which include the full scope of 
     the facility: Provided further, That the solicitation and 
     contract shall contain the clause ``availability of funds'' 
     found at 48 CFR 52.232.18: Provided further, That none of the 
     funds provided in this or any other Act may be used for 
     planning, design, or construction of any underground security 
     screening or visitor contact facility at the Washington 
     Monument until such facility has been approved in writing by 
     the House and Senate Committees on Appropriations.


                    Land and water conservation fund

                              (rescission)

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


                 Land acquisition and State assistance

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


                       ADMINISTRATIVE PROVISIONS

       Appropriations for the National Park Service shall be 
     available for the purchase of not to exceed 245 passenger 
     motor vehicles, of which 199 shall be for replacement only, 
     including not to exceed 193 for police-type use, 10 buses, 
     and 8 ambulances: Provided, That none of the funds 
     appropriated to the National Park Service may be used to 
     implement an agreement for the redevelopment of the southern 
     end of Ellis Island until such agreement has been submitted 
     to the Congress and shall not be implemented prior to the 
     expiration of 30 calendar days (not including any day in 
     which either House of Congress is not in session because of 
     adjournment of more than 3 calendar days to a day certain) 
     from the receipt by the Speaker of the House of 
     Representatives and the President of the Senate of a full and 
     comprehensive report on the development of the southern end 
     of Ellis Island, including the facts and circumstances relied 
     upon in support of the proposed project: Provided further, 
     That in fiscal year 2006 and thereafter, appropriations 
     available to the National Park Service may be used to 
     maintain the following areas in Washington, District of 
     Columbia: Jackson Place, Madison Place, and Pennsylvania 
     Avenue between 15th and 17th Streets, Northwest.
       None of the funds in this Act may be spent by the National 
     Park Service for activities taken in direct response to the 
     United Nations Biodiversity Convention.
       The National Park Service may distribute to operating units 
     based on the safety record of each unit the costs of programs 
     designed to improve workplace and employee safety, and to 
     encourage employees receiving workers' compensation benefits 
     pursuant to chapter 81 of title 5, United States Code, to 
     return to appropriate positions for which they are medically 
     able.
       If the Secretary of the Interior considers the decision of 
     any value determination proceeding conducted under a National 
     Park Service concession contract issued prior to November 13, 
     1998, to misinterpret or misapply relevant contractual 
     requirements or their underlying legal authority, the 
     Secretary may seek, within 180 days of any such decision, the 
     de novo review of the value determination by the United 
     States Court of Federal Claims, and that court may make an 
     order affirming, vacating, modifying or correcting the 
     determination.
       In addition to other uses set forth in section 407(d) of 
     Public Law 105-391, franchise fees credited to a sub-account 
     shall be available for expenditure by the Secretary, without 
     further appropriation, for use at any unit within the 
     National Park System to extinguish or reduce liability for 
     Possessory Interest or leasehold surrender interest. Such 
     funds may only be used for this purpose to the extent that 
     the benefiting unit anticipated franchise fee receipts over 
     the term of the contract at that unit exceed the amount of 
     funds used to extinguish or reduce liability. Franchise fees 
     at the benefiting unit shall be credited to the sub-account 
     of the originating unit over a period not to exceed the term

[[Page 14121]]

     of a single contract at the benefiting unit, in the amount of 
     funds so expended to extinguish or reduce liability.

                    United States Geological Survey


                 Surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); to conduct inquiries into the economic 
     conditions affecting mining and materials processing 
     industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and 
     related purposes as authorized by law; and to publish and 
     disseminate data relative to the foregoing activities; 
     $963,057,000, of which $63,770,000 shall be available only 
     for cooperation with States or municipalities for water 
     resources investigations; of which $7,791,000 shall remain 
     available until expended for satellite operations; of which 
     $21,720,000 shall be available until September 30, 2007, for 
     the operation and maintenance of facilities and deferred 
     maintenance; of which $1,600,000 shall be available until 
     expended for deferred maintenance and capital improvement 
     projects that exceed $100,000 in cost; and of which 
     $174,280,000 shall be available until September 30, 2007, for 
     the biological research activity and the operation of the 
     Cooperative Research Units: Provided, That none of the funds 
     provided for the biological research activity shall be used 
     to conduct new surveys on private property, unless 
     specifically authorized in writing by the property owner: 
     Provided further, That no part of this appropriation shall be 
     used to pay more than one-half the cost of topographic 
     mapping or water resources data collection and investigations 
     carried on in cooperation with States and municipalities.


                       ADMINISTRATIVE PROVISIONS

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

                      Minerals Management Service


                Royalty and offshore minerals management

       For expenses necessary for minerals leasing and 
     environmental studies, regulation of industry operations, and 
     collection of royalties, as authorized by law; for enforcing 
     laws and regulations applicable to oil, gas, and other 
     minerals leases, permits, licenses and operating contracts; 
     and for matching grants or cooperative agreements; including 
     the purchase of not to exceed eight passenger motor vehicles 
     for replacement only, $152,516,000, of which $78,529,000 
     shall be available for royalty management activities; and an 
     amount not to exceed $122,730,000, to be credited to this 
     appropriation and to remain available until expended, from 
     additions to receipts resulting from increases to rates in 
     effect on August 5, 1993, from rate increases to fee 
     collections for Outer Continental Shelf administrative 
     activities performed by the Minerals Management Service (MMS) 
     over and above the rates in effect on September 30, 1993, and 
     from additional fees for Outer Continental Shelf 
     administrative activities established after September 30, 
     1993: Provided, That to the extent $122,730,000 in additions 
     to receipts are not realized from the sources of receipts 
     stated above, the amount needed to reach $122,730,000 shall 
     be credited to this appropriation from receipts resulting 
     from rental rates for Outer Continental Shelf leases in 
     effect before August 5, 1993: Provided further, That 
     $3,000,000 for computer acquisitions shall remain available 
     until September 30, 2007: Provided further, That not to 
     exceed $3,000 shall be available for reasonable expenses 
     related to promoting volunteer beach and marine cleanup 
     activities: Provided further, That notwithstanding any other 
     provision of law, $15,000 under this heading shall be 
     available for refunds of overpayments in connection with 
     certain Indian leases in which the Director of MMS concurred 
     with the claimed refund due, to pay amounts owed to Indian 
     allottees or tribes, or to correct prior unrecoverable 
     erroneous payments: Provided further, That in fiscal year 
     2006 and thereafter, MMS may under the royalty-in-kind 
     program, or under its authority to transfer oil to the 
     Strategic Petroleum Reserve, use a portion of the revenues 
     from royalty-in-kind sales, without regard to fiscal year 
     limitation, to pay for transportation to wholesale market 
     centers or upstream pooling points, to process or otherwise 
     dispose of royalty production taken in kind, and to recover 
     MMS transportation costs, salaries, and other administrative 
     costs directly related to the royalty-in-kind program: 
     Provided further, That MMS shall analyze and document the 
     expected return in advance of any royalty-in-kind sales to 
     assure to the maximum extent practicable that royalty income 
     under the program is equal to or greater than royalty income 
     recognized under a comparable royalty-in-value program.


                           Oil spill research

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

          Office of Surface Mining Reclamation and Enforcement


                       Regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, including the purchase of not to 
     exceed 10 passenger motor vehicles, for replacement only; 
     $110,435,000: Provided, That the Secretary of the Interior, 
     pursuant to regulations, may use directly or through grants 
     to States, moneys collected in fiscal year 2006 for civil 
     penalties assessed under section 518 of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1268), to 
     reclaim lands adversely affected by coal mining practices 
     after August 3, 1977, to remain available until expended: 
     Provided further, That appropriations for the Office of 
     Surface Mining Reclamation and Enforcement may provide for 
     the travel and per diem expenses of State and tribal 
     personnel attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.


                    Abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, including the purchase of not more than 10 
     passenger motor vehicles for replacement only, $188,014,000, 
     to be derived from receipts of the Abandoned Mine Reclamation 
     Fund and to remain available until expended; of which up to 
     $10,000,000, to be derived from the Federal Expenses Share of 
     the Fund, shall be for supplemental grants to States for the 
     reclamation of abandoned sites with acid mine rock drainage 
     from coal mines, and for associated activities, through the 
     Appalachian Clean Streams Initiative: Provided, That grants 
     to minimum program States will be $1,500,000 per State in 
     fiscal year 2006: Provided further, That pursuant to Public 
     Law 97-365, the Department of the Interior is authorized to 
     use up to 20 percent from the recovery of the delinquent debt 
     owed to the United States Government to pay for contracts to 
     collect these debts: Provided further, That funds made 
     available under title IV of Public Law 95-87 may be used for 
     any required non-Federal share of the cost of projects funded 
     by the Federal Government for the purpose of environmental 
     restoration related to treatment or abatement of acid mine 
     drainage from abandoned mines: Provided further, That such 
     projects must be consistent with the purposes and priorities 
     of the Surface Mining Control and Reclamation Act: Provided 
     further, That the State of Maryland may set aside the greater 
     of $1,000,000 or 10 percent of the total of the grants made 
     available to the State under title IV of the Surface Mining 
     Control and Reclamation Act of 1977, as amended (30 U.S.C. 
     1231 et seq.), if the amount set aside is deposited in an 
     acid mine drainage abatement and treatment fund established 
     under a State law, pursuant to which law the amount (together 
     with all interest earned on the amount) is expended by the 
     State to undertake acid mine drainage abatement and treatment 
     projects, except that before any amounts greater than 10 
     percent of its title IV grants are deposited in an acid mine 
     drainage abatement and treatment fund, the State of Maryland 
     must first complete all Surface Mining Control and 
     Reclamation Act priority one projects: Provided further, That 
     amounts provided under this heading may be used for the 
     travel and per diem expenses of State and tribal personnel 
     attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.

                        administrative provision

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

                        Bureau of Indian Affairs


                      Operation of Indian programs

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25

[[Page 14122]]

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


                              Construction

       For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483, $267,137,000, to remain available until expended: 
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation: Provided further, 
     That not to exceed 6 percent of contract authority available 
     to the Bureau of Indian Affairs from the Federal Highway 
     Trust Fund may be used to cover the road program management 
     costs of the Bureau: Provided further, That any funds 
     provided for the Safety of Dams program pursuant to 25 U.S.C. 
     13 shall be made available on a nonreimbursable basis: 
     Provided further, That for fiscal year 2006, in implementing 
     new construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to tribally 
     controlled grant schools under Public Law 100-297, as 
     amended, the Secretary of the Interior shall use the 
     Administrative and Audit Requirements and Cost Principles for 
     Assistance Programs contained in 43 CFR part 12 as the 
     regulatory requirements: Provided further, That such grants 
     shall not be subject to section 12.61 of 43 CFR; the 
     Secretary and the grantee shall negotiate and determine a 
     schedule of payments for the work to be performed: Provided 
     further, That in considering applications, the Secretary 
     shall consider whether the Indian tribe or tribal 
     organization would be deficient in assuring that the 
     construction projects conform to applicable building 
     standards and codes and Federal, tribal, or State health and 
     safety standards as required by 25 U.S.C. 2005(b), with 
     respect to organizational and financial management 
     capabilities: Provided further, That if the Secretary 
     declines an application, the Secretary shall follow the 
     requirements contained in 25 U.S.C. 2504(f): Provided 
     further, That any disputes between the Secretary and any 
     grantee concerning a grant shall be subject to the disputes 
     provision in 25 U.S.C. 2507(e): Provided further, That in 
     order to ensure timely completion of replacement school 
     construction projects, the Secretary may assume control of a 
     project and all funds related to the project, if, within 
     eighteen months of the date of enactment of this Act, any 
     tribe or tribal organization receiving funds appropriated in 
     this Act or in any prior Act, has not completed the planning 
     and design phase of the project and commenced construction of 
     the replacement school: Provided further, That this 
     Appropriation may be reimbursed from the Office of the 
     Special Trustee for American Indians Appropriation for the 
     appropriate share of construction costs for space expansion 
     needed in agency offices to meet trust reform implementation.


 Indian land and water claim settlements and miscellaneous payments to 
                                Indians

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


                 Indian guaranteed loan program account

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


                       ADMINISTRATIVE PROVISIONS

       The Bureau of Indian Affairs may carry out the operation of 
     Indian programs by direct expenditure, contracts, cooperative 
     agreements, compacts and grants, either directly or in 
     cooperation with States and other organizations.
       Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 
     may contract for services in support of the management, 
     operation, and maintenance of the Power Division of the San 
     Carlos Irrigation Project.
       Appropriations for the Bureau of Indian Affairs (except the 
     revolving fund for loans, the Indian loan guarantee and 
     insurance fund, and the Indian Guaranteed Loan Program 
     account) shall be available for expenses of exhibits, and 
     purchase of not to exceed 229 passenger motor vehicles, of 
     which not to exceed 187 shall be for replacement only.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     operations or pooled overhead general administration (except 
     facilities operations and maintenance) shall be available for 
     tribal contracts, grants, compacts, or cooperative agreements 
     with the Bureau of Indian Affairs under the provisions of the 
     Indian Self-Determination Act or the Tribal Self-Governance 
     Act of 1994 (Public Law 103-413).
       In the event any tribe returns appropriations made 
     available by this Act to the Bureau of Indian Affairs for 
     distribution to other tribes, this action shall not diminish 
     the Federal Government's trust responsibility to that tribe, 
     or the government-to-government relationship between the 
     United States and that tribe, or that tribe's ability to 
     access future appropriations.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       Appropriations made available in this or any other Act for 
     schools funded by the Bureau shall be available only to the 
     schools in the Bureau school system as of September 1, 1996. 
     No funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995. Funds made available under this Act may not 
     be used to establish a charter school at a Bureau-funded 
     school (as that term is defined in section 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026)), except that a 
     charter school that is in existence on the date of the 
     enactment of this Act and that has operated at a Bureau-
     funded school before September 1, 1999, may continue to 
     operate during that period, but only if the charter school 
     pays to the Bureau a pro rata share of funds to reimburse the 
     Bureau for the use of the real and personal property 
     (including buses and vans), the funds of the charter school 
     are kept separate and apart from Bureau funds, and the Bureau 
     does not assume any obligation for charter school programs of 
     the State in which the school is located if the charter 
     school loses such funding. Employees of Bureau-funded schools 
     sharing a campus with a charter school and performing 
     functions related to the charter school's operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, United 
     States Code.
       Notwithstanding any other provision of law, including 
     section 113 of title I of appendix C of Public Law 106-113, 
     if a tribe or tribal organization in fiscal year 2003 or 2004 
     received indirect and administrative costs pursuant to a 
     distribution formula based on section 5(f) of Public Law 101-
     301, the Secretary shall continue to distribute indirect and 
     administrative cost funds to such tribe or tribal 
     organization using the section 5(f) distribution formula.

                          Departmental Offices

                            Insular Affairs


                       Assistance to territories

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $76,683,000, of which: (1) $69,802,000 shall be available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, coral reef initiative activities, and 
     brown tree snake control and research; grants to the 
     judiciary in American Samoa for compensation and expenses, as 
     authorized by law (48 U.S.C. 1661(c)); grants to the 
     Government of American Samoa, in addition to current local 
     revenues, for construction and support of governmental 
     functions; grants to the Government of the Virgin Islands as 
     authorized by law; grants to the Government of Guam, as 
     authorized by law; and grants to the Government of the 
     Northern Mariana Islands as authorized by law (Public Law 94-
     241; 90 Stat. 272); and (2)

[[Page 14123]]

     $6,881,000 shall be available for salaries and expenses of 
     the Office of Insular Affairs: Provided, That all financial 
     transactions of the territorial and local governments herein 
     provided for, including such transactions of all agencies or 
     instrumentalities established or used by such governments, 
     may be audited by the Government Accountability Office, at 
     its discretion, in accordance with chapter 35 of title 31, 
     United States Code: Provided further, That Northern Mariana 
     Islands Covenant grant funding shall be provided according to 
     those terms of the Agreement of the Special Representatives 
     on Future United States Financial Assistance for the Northern 
     Mariana Islands approved by Public Law 104-134: Provided 
     further, That of the amounts provided for technical 
     assistance, sufficient funds shall be made available for a 
     grant to the Pacific Basin Development Council: Provided 
     further, That of the amounts provided for technical 
     assistance, sufficient funding shall be made available for a 
     grant to the Close Up Foundation: Provided further, That the 
     funds for the program of operations and maintenance 
     improvement are appropriated to institutionalize routine 
     operations and maintenance improvement of capital 
     infrastructure with territorial participation and cost 
     sharing to be determined by the Secretary based on the 
     grantee's commitment to timely maintenance of its capital 
     assets: Provided further, That any appropriation for disaster 
     assistance under this heading in this Act or previous 
     appropriations Acts may be used as non-Federal matching funds 
     for the purpose of hazard mitigation grants provided pursuant 
     to section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c).


                      Compact of free association

       For grants and necessary expenses, $4,862,000, to remain 
     available until expended, as provided for in sections 
     221(a)(2), 221(b), and 233 of the Compact of Free Association 
     for the Republic of Palau; and section 221(a)(2) of the 
     Compacts of Free Association for the Government of the 
     Republic of the Marshall Islands and the Federated States of 
     Micronesia, as authorized by Public Law 99-658 and Public Law 
     108-188.

                        Departmental Management


                         Salaries and expenses

       For necessary expenses for management of the Department of 
     the Interior, $94,627,000; of which $7,441,000 is to be 
     derived from the Land and Water Conservation Fund and shall 
     remain available until expended; of which not to exceed 
     $8,500 may be for official reception and representation 
     expenses; and of which up to $1,000,000 shall be available 
     for workers compensation payments and unemployment 
     compensation payments associated with the orderly closure of 
     the United States Bureau of Mines: Provided, That none of the 
     funds in this Act or previous appropriations Acts may be used 
     to establish reserves in the Working Capital Fund account 
     other than for accrued annual leave and depreciation of 
     equipment without prior approval of the House and Senate 
     Committees on Appropriations: Provided further, That amounts 
     otherwise appropriated by this Act for administrative 
     expenses in operating accounts for bureaus and offices of the 
     Department of the Interior are reduced by $10,000,000 and, 
     not later than 30 days after the date of enactment of this 
     Act, the Director of the Office of Management and Budget 
     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate a listing by account of the 
     pro rata reduction in such accounts made pursuant to this 
     provision.


                          working capital fund

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


                       Payments in lieu of taxes

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


                    Central hazardous materials fund

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

                        Office of the Solicitor


                         Salaries and expenses

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

                      Office of Inspector General


                         Salaries and expenses

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

             Office of Special Trustee for American Indians


                         Federal trust programs

       For the operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $191,593,000, to remain available until expended, of 
     which not to exceed $58,000,000 shall be available for 
     historical accounting: Provided, That funds for trust 
     management improvements and litigation support may, as 
     needed, be transferred to or merged with the Bureau of Indian 
     Affairs, ``Operation of Indian Programs'' account; the Office 
     of the Solicitor, ``Salaries and Expenses'' account; and the 
     Departmental Management, ``Salaries and Expenses'' account: 
     Provided further, That funds made available to Tribes and 
     Tribal organizations through contracts or grants obligated 
     during fiscal year 2006, as authorized by the Indian Self-
     Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
     remain available until expended by the contractor or grantee: 
     Provided further, That, notwithstanding any other provision 
     of law, the statute of limitations shall not commence to run 
     on any claim, including any claim in litigation pending on 
     the date of the enactment of this Act, concerning losses to 
     or mismanagement of trust funds, until the affected tribe or 
     individual Indian has been furnished with an accounting of 
     such funds from which the beneficiary can determine whether 
     there has been a loss: Provided further, That, 
     notwithstanding any other provision of law, the Secretary 
     shall not be required to provide a quarterly statement of 
     performance for any Indian trust account that has not had 
     activity for at least 18 months and has a balance of $1.00 or 
     less: Provided further, That the Secretary shall issue an 
     annual account statement and maintain a record of any such 
     accounts and shall permit the balance in each such account to 
     be withdrawn upon the express written request of the account 
     holder: Provided further, That, not to exceed $50,000 is 
     available for the Secretary to make payments to correct 
     administrative errors of either disbursements from or 
     deposits to Individual Indian Money or Tribal accounts after 
     September 30, 2002: Provided further, That erroneous payments 
     that are recovered shall be credited to and remain available 
     in this account for this purpose.


                       Indian land consolidation

       For consolidation of fractional interests in Indian lands 
     and expenses associated with redetermining and redistributing 
     escheated interests in allotted lands, and for necessary 
     expenses to carry out the Indian Land Consolidation Act of 
     1983, as amended, by direct expenditure or cooperative 
     agreement, $34,514,000, to remain available until expended, 
     and which may be transferred to the Bureau of Indian Affairs 
     and Departmental Management accounts: Provided, That funds 
     provided under this heading may be expended pursuant to the 
     authorities contained in the provisos under the heading 
     ``Office of Special Trustee for American Indians, Indian Land 
     Consolidation'' of the Interior and Related Agencies 
     Appropriations Act, 2001 (Public Law 106-291).

          Natural Resources Damage Assessment and Restoration


                Natural resource damage assessment fund

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


                       ADMINISTRATIVE PROVISIONS

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

             General Provisions, Department of the Interior

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm,

[[Page 14124]]

     or other unavoidable causes: Provided, That no funds shall be 
     made available under this authority until funds specifically 
     made available to the Department of the Interior for 
     emergencies shall have been exhausted: Provided further, That 
     all funds used pursuant to this section are hereby designated 
     as an emergency requirement pursuant to section 402 of H. 
     Con. Res. 95 (109th Congress), and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of wildland fires on or threatening lands under 
     the jurisdiction of the Department of the Interior; for the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire operations'' 
     shall be exhausted within 30 days: Provided further, That all 
     funds used pursuant to this section are hereby designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), and must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible: Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.
       Sec. 103. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.
       Sec. 104. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     preleasing, leasing and related activities placed under 
     restriction in the President's moratorium statement of June 
     12, 1998, in the areas of northern, central, and southern 
     California; the North Atlantic; Washington and Oregon; and 
     the eastern Gulf of Mexico south of 26 degrees north latitude 
     and east of 86 degrees west longitude.
       Sec. 105. No funds provided in this title may be expended 
     by the Department of the Interior to conduct offshore oil and 
     natural gas preleasing, leasing and related activities in the 
     eastern Gulf of Mexico planning area for any lands located 
     outside Sale 181, as identified in the final Outer 
     Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
     2002.
       Sec. 106. No funds provided in this title may be expended 
     by the Department of the Interior to conduct oil and natural 
     gas preleasing, leasing and related activities in the Mid-
     Atlantic and South Atlantic planning areas.
       Sec. 107. Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of Special 
     Trustee for American Indians and any unobligated balances 
     from prior appropriations Acts made under the same headings 
     shall be available for expenditure or transfer for Indian 
     trust management and reform activities, except that total 
     funding for historical accounting activities shall not exceed 
     amounts specifically designated in this Act for such purpose.
       Sec. 108. Notwithstanding any other provision of law, in 
     fiscal years 2006 through 2010, for the purpose of reducing 
     the backlog of Indian probate cases in the Department of the 
     Interior, the hearing requirements of chapter 10 of title 25, 
     United States Code, are deemed satisfied by a proceeding 
     conducted by an Indian probate judge, appointed by the 
     Secretary without regard to the provisions of title 5, United 
     States Code, governing the appointments in the competitive 
     service, for such period of time as the Secretary determines 
     necessary: Provided, That the basic pay of an Indian probate 
     judge so appointed may be fixed by the Secretary without 
     regard to the provisions of chapter 51, and subchapter III of 
     chapter 53 of title 5, United States Code, governing the 
     classification and pay of General Schedule employees, except 
     that no such Indian probate judge may be paid at a level 
     which exceeds the maximum rate payable for the highest grade 
     of the General Schedule, including locality pay.
       Sec. 109. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2006. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.
       Sec. 110. Funds appropriated for the Bureau of Indian 
     Affairs for postsecondary schools for fiscal year 2006 shall 
     be allocated among the schools proportionate to the unmet 
     need of the schools as determined by the Postsecondary 
     Funding Formula adopted by the Office of Indian Education 
     Programs.
       Sec. 111. Notwithstanding any other provision of law, in 
     conveying the Twin Cities Research Center under the authority 
     provided by Public Law 104-134, as amended by Public Law 104-
     208, the Secretary may accept and retain land and other forms 
     of reimbursement: Provided, That the Secretary may retain and 
     use any such reimbursement until expended and without further 
     appropriation: (1) for the benefit of the National Wildlife 
     Refuge System within the State of Minnesota; and (2) for all 
     activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
       Sec. 112. The Secretary of the Interior may use or contract 
     for the use of helicopters or motor vehicles on the Sheldon 
     and Hart National Wildlife Refuges for the purpose of 
     capturing and transporting horses and burros. The provisions 
     of subsection (a) of the Act of September 8, 1959 (18 U.S.C. 
     47(a)) shall not be applicable to such use. Such use shall be 
     in accordance with humane procedures prescribed by the 
     Secretary.
       Sec. 113. Funds provided in this Act for Federal land 
     acquisition by the National Park Service for Shenandoah 
     Valley Battlefields National Historic District and Ice Age 
     National Scenic Trail may be used for a grant to a State, a 
     local government, or any other land management entity for the 
     acquisition of lands without regard to any restriction on the 
     use of Federal land acquisition funds provided through the 
     Land and Water Conservation Fund Act of 1965 as amended.
       Sec. 114. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       Sec. 115. None of the funds in this or any other Act can be 
     used to compensate the Special Master and the Special Master-
     Monitor, and all variations thereto, appointed by the United 
     States District Court for the District of Columbia in the 
     Cobell v. Norton litigation at an annual rate that exceeds 
     200 percent of the highest Senior Executive Service rate of 
     pay for the Washington-Baltimore locality pay area.
       Sec. 116. The Secretary of the Interior may use 
     discretionary funds to pay private attorneys fees and costs 
     for employees and former employees of the Department of the 
     Interior reasonably incurred in connection with Cobell v. 
     Norton to the extent that such fees and costs are not paid by 
     the Department of Justice or by private insurance. In no case 
     shall the Secretary make payments under this section that 
     would result in payment of hourly fees in excess of the 
     highest hourly rate approved by the District Court for the 
     District of Columbia for counsel in Cobell v. Norton.
       Sec. 117. (a) In General.--Nothing in section 134 of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2002 (115 Stat. 443) affects the decision 
     of the United States Court of Appeals for the 10th Circuit in 
     Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).
       (b) Use of Certain Indian Land.--Nothing in this section 
     permits the conduct of gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) on land described in 
     section 123 of the Department of the Interior and Related 
     Agencies Appropriations Act, 2001 (114 Stat. 944), or land 
     that is contiguous to that land, regardless of whether the 
     land or contiguous land has been taken into trust by the 
     Secretary of the Interior.
       Sec. 118. No funds appropriated for the Department of the 
     Interior by this Act or any other Act shall be used to study 
     or implement any plan to drain Lake Powell or to reduce the 
     water level of the lake below the range of water levels 
     required for the operation of the Glen Canyon Dam.
       Sec. 119. Notwithstanding the limitation in subparagraph 
     (2)(B) of section 18(a) of the Indian Gaming Regulatory Act 
     (25 U.S.C. 2717(a)), the total amount of all fees imposed by 
     the National Indian Gaming Commission for fiscal year 2007 
     shall not exceed $12,000,000.
       Sec. 120. Notwithstanding any implementation of the 
     Department of the Interior's trust reorganization or 
     reengineering plans, or the implementation of the ``To Be'' 
     Model, funds appropriated for fiscal year 2006 shall be 
     available to the tribes within the California Tribal Trust 
     Reform Consortium and to the Salt River Pima-

[[Page 14125]]

     Maricopa Indian Community, the Confederated Salish and 
     Kootenai Tribes of the Flathead Reservation and the Chippewa 
     Cree Tribe of the Rocky Boys Reservation through the same 
     methodology as funds were distributed in fiscal year 2003. 
     This Demonstration Project shall continue to operate separate 
     and apart from the Department of the Interior's trust reform 
     and reorganization and the Department shall not impose its 
     trust management infrastructure upon or alter the existing 
     trust resource management systems of the above referenced 
     tribes having a self-governance compact and operating in 
     accordance with the Tribal Self-Governance Program set forth 
     in 25 U.S.C. 458aa-458hh: Provided, That the California Trust 
     Reform Consortium and any other participating tribe agree to 
     carry out their responsibilities under the same written and 
     implemented fiduciary standards as those being carried by the 
     Secretary of the Interior: Provided further, That they 
     demonstrate to the satisfaction of the Secretary that they 
     have the capability to do so: Provided further, That the 
     Department shall provide funds to the tribes in an amount 
     equal to that required by 25 U.S.C. 458cc(g)(3), including 
     funds specifically or functionally related to the provision 
     of trust services to the tribes or their members.
       Sec. 121. Notwithstanding any provision of law, including 
     42 U.S.C. 4321 et. seq., nonrenewable grazing permits 
     authorized in the Jarbidge Field Office, Bureau of Land 
     Management within the past 9 years, shall be renewed. The 
     Animal Unit Months contained in the most recently expired 
     nonrenewable grazing permit, authorized between March 1, 
     1997, and February 28, 2003, shall continue in effect under 
     the renewed permit. Nothing in this section shall be deemed 
     to extend the nonrenewable permits beyond the standard 1-year 
     term.
       Sec. 122. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to acquire lands, 
     waters, or interests therein including the use of all or part 
     of any pier, dock, or landing within the State of New York 
     and the State of New Jersey, for the purpose of operating and 
     maintaining facilities in the support of transportation and 
     accommodation of visitors to Ellis, Governors, and Liberty 
     Islands, and of other program and administrative activities, 
     by donation or with appropriated funds, including franchise 
     fees (and other monetary consideration), or by exchange; and 
     the Secretary is authorized to negotiate and enter into 
     leases, subleases, concession contracts or other agreements 
     for the use of such facilities on such terms and conditions 
     as the Secretary may determine reasonable.
       Sec. 123. Notwithstanding any other provision of law, the 
     National Park Service final winter use rules published in 
     Part VII of the Federal Register for November 10, 2004, 69 
     Fed. Reg. 65348 et seq., shall be in force and effect for the 
     winter use season of 2005-2006 that commences on or about 
     December 15, 2005.
       Sec. 124. Section 1121(d) of the Education Amendments of 
     1978 (25 U.S.C. 2001(d)) is amended by striking paragraph (7) 
     and inserting the following:
       ``(7) Approval of indian tribes.--The Secretary shall not 
     terminate, close, consolidate, contract, transfer to another 
     authority, or take any other action relating to an elementary 
     school or secondary school (or any program of such a school) 
     of an Indian tribe without the approval of the governing body 
     of any Indian tribe that would be affected by such an 
     action.''.
       Sec. 125. (a) U.S.S. Arizona Memorial Parking Fee.--
     Notwithstanding any other provision of law, the Secretary of 
     the Interior is authorized to charge a fee for visitor 
     parking at the U.S.S. Arizona Memorial and to retain and 
     expend the revenues, without further appropriation, for the 
     lease of administrative facilities within or near the area at 
     the memorial administered by the National Park Service.
       (b) Authority for Agreements.--The Secretary of the 
     Interior is further authorized to enter into agreements with 
     public and private entities for the purpose of streamlining 
     visitor services by providing visitor information and 
     admission tickets for National Park Service-administered 
     sites and other attractions in the vicinity, including but 
     not limited to the U.S.S. Missouri, the Pacific Air Museum of 
     Pearl Harbor, and the U.S.S. Bowfin submarine museum.
       Sec. 126. Section 108(e) of the Act entitled ``An Act to 
     establish the Kalaupapa National Historical Park in the State 
     of Hawaii, and for other purposes'' (16 U.S.C. 410jj-7) is 
     amended by striking ``twenty-five years from'' and inserting 
     ``on the date that is 45 years after''.
       Sec. 127. Section 402(b) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by 
     striking ``September 30, 2005,'' and inserting ``June 30, 
     2006,''.

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

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

                 Environmental Programs and Management

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

                      Office of Inspector General

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

                        Buildings and Facilities

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

                     Hazardous Substance Superfund


                     (including transfers of funds)

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

                Leaking Underground Storage Tank Program

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

                           Oil Spill Response

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

                   State and Tribal Assistance Grants


                    (including rescission of funds)

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $3,453,550,000, to remain 
     available until expended, of which $1,100,000,000 shall be 
     for making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended (the ``Act''); $850,000,000 shall be 
     for capitalization grants for the Drinking Water State 
     Revolving Funds under section 1452 of the Safe Drinking Water 
     Act, as amended, except that, notwithstanding section 1452(n) 
     of the Safe Drinking Water Act, as amended, none of the funds 
     made available under this heading in this Act, or in previous 
     appropriations Acts, shall be reserved by the Administrator 
     for health effects studies on drinking water contaminants; 
     $50,000,000 shall be for architectural, engineering, 
     planning, design, construction and related activities in 
     connection with the construction of high priority water and 
     wastewater facilities in the area of the United States-Mexico 
     Border, after consultation with the appropriate border 
     commission; $40,000,000 shall be for grants to the State of 
     Alaska to address drinking water and waste infrastructure 
     needs of rural and Alaska Native Villages: Provided, That, of 
     these funds: (1) the State of Alaska shall provide a match of 
     25 percent; (2) no more than 5 percent of the funds may be 
     used for administrative and overhead expenses; and (3) not 
     later than October 1,

[[Page 14126]]

     2005 the State of Alaska shall make awards consistent with 
     the State-wide priority list established in 2004 for all 
     water, sewer, waste disposal, and similar projects carried 
     out by the State of Alaska that are funded under section 221 
     of the Federal Water Pollution Control Act (33 U.S.C. 1301) 
     or the Consolidated Farm and Rural Development Act (7 U.S.C. 
     1921 et seq.) which shall allocate not less than 25 percent 
     of the funds provided for projects in regional hub 
     communities; $200,000,000 shall be for making grants for the 
     construction of drinking water, wastewater and storm water 
     infrastructure and for water quality protection in accordance 
     with the terms and conditions specified for such grants in 
     the joint explanatory statement of the managers accompanying 
     this Act, and, for purposes of these grants, each grantee 
     shall contribute not less than 45 percent of the cost of the 
     project unless the grantee is approved for a waiver by the 
     Agency; $90,000,000 shall be to carry out section 104(k) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (CERCLA), as amended, including grants, 
     interagency agreements, and associated program support costs; 
     $1,000,000 for cost-shared grants for school bus retrofit and 
     replacement projects that reduce diesel emissions; and 
     $1,122,550,000 shall be for grants, including associated 
     program support costs, to States, federally recognized 
     tribes, interstate agencies, tribal consortia, and air 
     pollution control agencies for multi-media or single media 
     pollution prevention, control and abatement and related 
     activities, including activities pursuant to the provisions 
     set forth under this heading in Public Law 104-134, and for 
     making grants under section 103 of the Clean Air Act for 
     particulate matter monitoring and data collection activities 
     subject to terms and conditions specified by the 
     Administrator, of which $50,000,000 shall be for carrying out 
     section 128 of CERCLA, as amended, $19,344,000 shall be for 
     Environmental Information Exchange Network grants, including 
     associated program support costs, and $16,856,000 shall be 
     for making competitive targeted watershed grants: Provided 
     further, That for fiscal year 2006, State authority under 
     section 302(a) of Public Law 104-182 shall remain in effect: 
     Provided further, That notwithstanding section 603(d)(7) of 
     the Federal Water Pollution Control Act, the limitation on 
     the amounts in a State water pollution control revolving fund 
     that may be used by a State to administer the fund shall not 
     apply to amounts included as principal in loans made by such 
     fund in fiscal year 2005 and prior years where such amounts 
     represent costs of administering the fund to the extent that 
     such amounts are or were deemed reasonable by the 
     Administrator, accounted for separately from other assets in 
     the fund, and used for eligible purposes of the fund, 
     including administration: Provided further, That for fiscal 
     year 2006, and notwithstanding section 518(f) of the Act, the 
     Administrator is authorized to use the amounts appropriated 
     for any fiscal year under section 319 of that Act to make 
     grants to Indian tribes pursuant to sections 319(h) and 
     518(e) of that Act: Provided further, That for fiscal year 
     2006, notwithstanding the limitation on amounts in section 
     518(c) of the Act, up to a total of 1\1/2\ percent of the 
     funds appropriated for State Revolving Funds under title VI 
     of that Act may be reserved by the Administrator for grants 
     under section 518(c) of that Act: Provided further, That no 
     funds provided by this legislation to address the water, 
     wastewater and other critical infrastructure needs of the 
     colonias in the United States along the United States-Mexico 
     border shall be made available to a county or municipal 
     government unless that government has established an 
     enforceable local ordinance, or other zoning rule, which 
     prevents in that jurisdiction the development or construction 
     of any additional colonia areas, or the development within an 
     existing colonia the construction of any new home, business, 
     or other structure which lacks water, wastewater, or other 
     necessary infrastructure: Provided further, That, 
     notwithstanding any other provision of law, heretofore and 
     hereafter, after consultation with the House and Senate 
     Committees on Appropriations and for the purpose of making 
     technical corrections, the Administrator is authorized to 
     award grants under this heading to entities and for purposes 
     other than those listed in the joint explanatory statements 
     of the managers accompanying the Agency's appropriations Acts 
     for the construction of drinking water, wastewater and 
     stormwater infrastructure and for water quality protection: 
     Provided further, That from unobligated prior year funds in 
     appropriation accounts available to the Environmental 
     Protection Agency, $58,000,000 is hereby rescinded: Provided 
     further, That such rescissions shall be taken solely from 
     amounts associated with grants, contracts, and interagency 
     agreements whose availability under the original period for 
     obligation for such grant, contract, or interagency agreement 
     has expired.

                       Administrative Provisions

       For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1) and 
     6305(1), the Administrator of the Environmental Protection 
     Agency, in carrying out the Agency's function to implement 
     directly Federal environmental programs required or 
     authorized by law in the absence of an acceptable tribal 
     program, may award cooperative agreements to federally-
     recognized Indian Tribes or Intertribal consortia, if 
     authorized by their member Tribes, to assist the 
     Administrator in implementing Federal environmental programs 
     for Indian Tribes required or authorized by law, except that 
     no such cooperative agreements may be awarded from funds 
     designated for State financial assistance agreements.
       The Administrator of the Environmental Protection Agency is 
     authorized to collect and obligate pesticide registration 
     service fees in accordance with section 33 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (as added by 
     subsection (f)(2) of the Pesticide Registration Improvement 
     Act of 2003), as amended.
       Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated 
     funds for fiscal year 2006 may be used to award grants or 
     loans under section 104(k) of CERCLA to eligible entities 
     that satisfy all of the elements set forth in CERCLA section 
     101(40) to qualify as a bona fide prospective purchaser 
     except that the date of acquisition of the property was prior 
     to the date of enactment of the Small Business Liability 
     Relief and Brownfield Revitalization Act of 2001.
       For fiscal years 2006 through 2011, the Administrator may, 
     after consultation with the Office of Personnel Management, 
     make not to exceed five appointments in any fiscal year under 
     the authority provided in 42 U.S.C. 209 for the Office of 
     Research and Development.
       Beginning in fiscal year 2006 and thereafter, and 
     notwithstanding section 306 of the Toxic Substances Control 
     Act, the Federal share of the cost of radon program 
     activities implemented with Federal assistance under section 
     306 shall not exceed 60 percent in the third and subsequent 
     grant years.
       None of the funds provided in this Act or any other Act may 
     be used by the Environmental Protection Agency (EPA) to 
     publish proposed or final regulations pursuant to the 
     requirements of section 428(b) of Division G of Public Law 
     108-199 until the Administrator of the Environmental 
     Protection Agency, in coordination with other appropriate 
     Federal agencies, has completed and published a technical 
     study to look at safety issues, including the risk of fire 
     and burn to consumers in use, associated with compliance with 
     the regulations. Not later than six months after the date of 
     enactment of this Act, the Administrator shall complete and 
     publish the technical study.

                      TITLE III--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                     forest and rangeland research

       For necessary expenses of forest and rangeland research as 
     authorized by law, $280,892,000, to remain available until 
     expended: Provided, That of the funds provided, $58,434,000 
     is for the forest inventory and analysis program.


                       state and private forestry

       For necessary expenses of cooperating with and providing 
     technical and financial assistance to States, territories, 
     possessions, and others, and for forest health management, 
     including treatments of pests, pathogens, and invasive or 
     noxious plants and for restoring and rehabilitating forests 
     damaged by pests or invasive plants, cooperative forestry, 
     and education and land conservation activities and conducting 
     an international program as authorized, $254,615,000, to 
     remain available until expended, as authorized by law of 
     which $62,632,000 is to be derived from the Land and Water 
     Conservation Fund.


                         national forest system

                     (including transfers of funds)

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, $1,377,656,000, to 
     remain available until expended, which shall include 50 
     percent of all moneys received during prior fiscal years as 
     fees collected under the Land and Water Conservation Fund Act 
     of 1965, as amended, in accordance with section 4 of the Act 
     (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances 
     under this heading available at the start of fiscal year 2006 
     shall be displayed by budget line item in the fiscal year 
     2007 budget justification: Provided further, That of the 
     funds provided under this heading for Forest Products, 
     $5,000,000 shall be allocated to the Alaska Region, in 
     addition to its normal allocation for the purposes of 
     preparing additional timber for sale, to establish a 3-year 
     timber supply and such funds may be transferred to other 
     appropriations accounts as necessary to maximize 
     accomplishment: Provided further, That within funds available 
     for the purpose of implementing the Valles Caldera 
     Preservation Act, notwithstanding the limitations of section 
     107(e)(2) of the Valles Caldera Preservation Act (Public Law 
     106-248), for fiscal year 2006, the Chair of the Board of 
     Trustees of the Valles Caldera Trust may receive, upon 
     request, compensation for each day (including travel time) 
     that the Chair is engaged in the performance of the functions 
     of the Board, except that compensation shall not exceed the 
     daily equivalent of the annual rate in effect for members of 
     the Senior Executive Service at the ES-1 level, and shall be 
     in addition to any reimbursement for travel, subsistence and 
     other necessary expenses incurred by the Chair in the 
     performance of the Chair's duties.


                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $1,745,531,000, to remain available until expended: Provided, 
     That such funds including unobligated balances under this 
     heading, are available for repayment of advances from other

[[Page 14127]]

     appropriations accounts previously transferred for such 
     purposes: Provided further, That any unobligated balances 
     remaining may be transferred to the ``National Forest 
     System'' account and available without further appropriation 
     to fund vegetative treatments that improve condition class: 
     Provided further, That such funds shall be available to 
     reimburse State and other cooperating entities for services 
     provided in response to wildfire and other emergencies or 
     disasters to the extent such reimbursements by the Forest 
     Service for non-fire emergencies are fully repaid by the 
     responsible emergency management agency: Provided further, 
     That not less than 50 percent of any unobligated balances 
     remaining (exclusive of amounts for hazardous fuels 
     reduction) at the end of fiscal year 2005 shall be 
     transferred to the fund established pursuant to section 3 of 
     Public Law 71-319 (16 U.S.C. 576 et seq.) if necessary to 
     reimburse the fund for unpaid past advances: Provided 
     further, That, notwithstanding any other provision of law, 
     $8,000,000 of funds appropriated under this appropriation 
     shall be used for Fire Science Research in support of the 
     Joint Fire Science Program: Provided further, That all 
     authorities for the use of funds, including the use of 
     contracts, grants, and cooperative agreements, available to 
     execute the Forest and Rangeland Research appropriation, are 
     also available in the utilization of these funds for Fire 
     Science Research: Provided further, That funds provided shall 
     be available for emergency rehabilitation and restoration, 
     hazardous fuels reduction activities in the urban-wildland 
     interface, support to Federal emergency response, and 
     wildfire suppression activities of the Forest Service: 
     Provided further, That of the funds provided, $281,000,000 is 
     for hazardous fuels reduction activities, $2,000,000 is for 
     rehabilitation and restoration, $18,385,000 is for research 
     activities and to make competitive research grants pursuant 
     to the Forest and Rangeland Renewable Resources Research Act, 
     as amended (16 U.S.C. 1641 et seq.), $40,179,000 is for State 
     fire assistance, $7,889,000 is for volunteer fire assistance, 
     $6,974,000 is for forest health activities on Federal lands 
     and $4,598,000 is for forest health activities on State and 
     private lands: Provided further, That amounts in this 
     paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', and ``Forest and 
     Rangeland Research'' accounts to fund State fire assistance, 
     volunteer fire assistance, forest health management, forest 
     and rangeland research, vegetation and watershed management, 
     heritage site rehabilitation, and wildlife and fish habitat 
     management and restoration: Provided further, That transfers 
     of any amounts in excess of those authorized in this 
     paragraph, shall require approval of the House and Senate 
     Committees on Appropriations in compliance with reprogramming 
     procedures contained in the report accompanying this Act: 
     Provided further, That funds provided under this heading for 
     hazardous fuels treatments may be transferred to and made a 
     part of the ``National Forest System'' account at the sole 
     discretion of the Chief of the Forest Service thirty days 
     after notifying the House and the Senate Committees on 
     Appropriations: Provided further, That the costs of 
     implementing any cooperative agreement between the Federal 
     Government and any non-Federal entity may be shared, as 
     mutually agreed on by the affected parties: Provided further, 
     That in addition to funds provided for State Fire Assistance 
     programs, and subject to all authorities available to the 
     Forest Service under the State and Private Forestry 
     Appropriation, up to $15,000,000 may be used on adjacent non-
     Federal lands for the purpose of protecting communities when 
     hazard reduction activities are planned on national forest 
     lands that have the potential to place such communities at 
     risk: Provided further, That included in funding for 
     hazardous fuel reduction is $5,000,000 for implementing the 
     Community Forest Restoration Act, Public Law 106-393, title 
     VI, and any portion of such funds shall be available for use 
     on non-Federal lands in accordance with authorities available 
     to the Forest Service under the State and Private Forestry 
     Appropriation: Provided further, That the Secretary of the 
     Interior and the Secretary of Agriculture may authorize the 
     transfer of funds appropriated for wildland fire management, 
     in an aggregate amount not to exceed $12,000,000, between the 
     Departments when such transfers would facilitate and expedite 
     jointly funded wildland fire management programs and 
     projects: Provided further, That of the funds provided for 
     hazardous fuels reduction, not to exceed $5,000,000, may be 
     used to make grants, using any authorities available to the 
     Forest Service under the State and Private Forestry 
     appropriation, for the purpose of creating incentives for 
     increased use of biomass from national forest lands.


                  capital improvement and maintenance

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


                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4 through 11), including administrative expenses, 
     and for acquisition of land or waters, or interest therein, 
     in accordance with statutory authority applicable to the 
     Forest Service, $44,925,000, to be derived from the Land and 
     Water Conservation Fund and to remain available until 
     expended.


         acquisition of lands for national forests special acts

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


            acquisition of lands to complete land exchanges

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


                         range betterment fund

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


    gifts, donations and bequests for forest and rangeland research

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


        management of national forest lands for subsistence uses

       For necessary expenses of the Forest Service to manage 
     Federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), $5,067,000, to remain available until 
     expended.


               administrative provisions, forest service

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of not to exceed 
     119 passenger motor vehicles of which 14 will be used 
     primarily for law enforcement purposes and of which 119 shall 
     be for replacement; acquisition of 25 passenger motor 
     vehicles from excess sources, and hire of such vehicles; 
     purchase, lease, operation, maintenance, and acquisition of 
     aircraft from excess sources to maintain the operable fleet 
     at 195 aircraft for use in Forest Service wildland fire 
     programs and other Forest Service programs; notwithstanding 
     other provisions of law, existing aircraft being replaced may 
     be sold, with proceeds derived or trade-in value used to 
     offset the purchase price for the replacement aircraft; (2) 
     services pursuant to 7 U.S.C. 2225, and not to exceed 
     $100,000 for employment under 5 U.S.C. 3109; (3) purchase, 
     erection, and alteration of buildings and other public 
     improvements (7 U.S.C. 2250); (4) acquisition of land, 
     waters, and interests therein pursuant to 7 U.S.C. 428a; (5) 
     for expenses pursuant to the Volunteers in the National 
     Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) 
     the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and 
     (7) for debt collection contracts in accordance with 31 
     U.S.C. 3718(c).
       None of the funds made available under this Act shall be 
     obligated or expended to abolish any region, to move or close 
     any regional office for National Forest System administration 
     of the Forest Service, Department of Agriculture without the 
     consent of the House and Senate Committees on Appropriations.
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions upon notification of the House and Senate 
     Committees on Appropriations and if and only if all 
     previously appropriated emergency contingent funds under the 
     heading ``Wildland Fire Management'' have been released by 
     the President and apportioned and all wildfire suppression 
     funds under the heading ``Wildland Fire Management'' are 
     obligated.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development and the

[[Page 14128]]

     Foreign Agricultural Service in connection with forest and 
     rangeland research, technical information, and assistance in 
     foreign countries, and shall be available to support forestry 
     and related natural resource activities outside the United 
     States and its territories and possessions, including 
     technical assistance, education and training, and cooperation 
     with United States and international organizations.
       None of the funds made available to the Forest Service 
     under this Act shall be subject to transfer under the 
     provisions of section 702(b) of the Department of Agriculture 
     Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b, except 
     that in fiscal year 2006 the Forest Service may transfer 
     funds to the ``National Forest System'' account from other 
     agency accounts to enable the agency's law enforcement 
     program to pay full operating costs including overhead.
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     reprogramming procedures contained in the report accompanying 
     this Act.
       Not more than $72,646,000 of funds available to the Forest 
     Service may be transferred to the Working Capital Fund of the 
     Department of Agriculture. Nothing in this section shall 
     prohibit or limit the use of reimbursable agreements 
     requested by the Forest Service in order to obtain services 
     from the Department of Agriculture's National Information 
     Technology Center.
       Funds available to the Forest Service shall be available to 
     conduct a program of not less than $2,000,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps.
       Of the funds available to the Forest Service, $2,500 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, $3,300,000 
     may be advanced in a lump sum to the National Forest 
     Foundation to aid conservation partnership projects in 
     support of the Forest Service mission, without regard to when 
     the Foundation incurs expenses, for administrative expenses 
     or projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That of the 
     Federal funds made available to the Foundation, no more than 
     $350,000 shall be available for administrative expenses: 
     Provided further, That the Foundation shall obtain, by the 
     end of the period of Federal financial assistance, private 
     contributions to match on at least one-for-one basis funds 
     made available by the Forest Service: Provided further, That 
     the Foundation may transfer Federal funds to a non-Federal 
     recipient for a project at the same rate that the recipient 
     has obtained the non-Federal matching funds: Provided 
     further, That authorized investments of Federal funds held by 
     the Foundation may be made only in interest-bearing 
     obligations of the United States or in obligations guaranteed 
     as to both principal and interest by the United States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $2,650,000 of the funds available to the Forest Service shall 
     be available for matching funds to the National Fish and 
     Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, 
     and may be advanced in a lump sum to aid conservation 
     partnership projects in support of the Forest Service 
     mission, without regard to when expenses are incurred, for 
     projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That the 
     Foundation shall obtain, by the end of the period of Federal 
     financial assistance, private contributions to match on at 
     least one-for-one basis funds advanced by the Forest Service: 
     Provided further, That the Foundation may transfer Federal 
     funds to a non-Federal recipient for a project at the same 
     rate that the recipient has obtained the non-Federal matching 
     funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities for sustainable rural development purposes.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to sections 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar non-litigation related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.
       Any appropriations or funds available to the Forest Service 
     may be used for necessary expenses in the event of law 
     enforcement emergencies as necessary to protect natural 
     resources and public or employee safety: Provided, That such 
     amounts shall not exceed $1,000,000.
       An eligible individual who is employed in any project 
     funded under title V of the Older American Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest Service 
     shall be considered to be a Federal employee for purposes of 
     chapter 171 of title 28, United States Code.
       Any funds appropriated to the Forest Service may be used to 
     meet the non-Federal share requirement in section 502(c) of 
     the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
       Funds available to the Forest Service in this Act may be 
     used for the purpose of expenses associated with primary and 
     secondary schooling for dependents of agency personnel 
     stationed in Puerto Rico prior to the date of enactment of 
     this Act, who are subject to transfer and reassignment to 
     other locations in the United States, at a cost not in excess 
     of those authorized for the Department of Defense for the 
     same area, when it is determined by the Chief of the Forest 
     Service that public schools available in the locality are 
     unable to provide adequately for the education of such 
     dependents.
       In support of management of the National Wildlife Refuge 
     System, Lot 6C of United States Survey 2538-A, containing 
     2.39 acres and the residential triplex situated thereon, 
     located in Kodiak, Alaska, is hereby transferred from the 
     USDA Forest Service to the U.S. Fish and Wildlife Service.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $2,732,323,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That up to $18,000,000 shall 
     remain available until expended, for the Indian Catastrophic 
     Health Emergency Fund: Provided further, That $507,021,000 
     for contract medical care shall remain available for 
     obligation until September 30, 2007: Provided further, That 
     of the funds provided, up to $27,000,000, to remain available 
     until expended, shall be used to carry out the loan repayment 
     program under section 108 of the Indian Health Care 
     Improvement Act: Provided further, That funds provided in 
     this Act may be used for one-year contracts and grants which 
     are to be performed in two fiscal years, so long as the total 
     obligation is recorded in the year for which the funds are 
     appropriated: Provided further, That the amounts collected by 
     the Secretary of Health and Human Services under the 
     authority of title IV of the Indian Health Care Improvement 
     Act shall remain available until expended for the purpose of 
     achieving compliance with the applicable conditions and 
     requirements of titles XVIII and XIX of the Social Security 
     Act (exclusive of planning, design, or construction of new 
     facilities): Provided further, That funding contained herein, 
     and in any earlier appropriations Acts for scholarship 
     programs under the Indian Health Care Improvement Act (25 
     U.S.C. 1613) shall remain available until expended: Provided 
     further, That amounts received by tribes and tribal 
     organizations under title IV of the Indian Health Care 
     Improvement Act shall be reported and accounted for and 
     available to the receiving tribes and tribal organizations 
     until expended: Provided further, That, notwithstanding any 
     other provision of law, of the amounts provided herein, not 
     to exceed $268,683,000 shall be for payments to tribes and 
     tribal organizations for contract or grant support costs 
     associated with contracts, grants, self-governance compacts 
     or annual funding agreements between the Indian Health 
     Service and a tribe or tribal organization pursuant to the 
     Indian Self-Determination Act of 1975, as amended, prior to 
     or during fiscal year 2006, of which not to exceed $5,000,000 
     may be used for contract support costs associated with new or 
     expanded self-determination contracts, grants, self-
     governance compacts or annual funding agreements: Provided 
     further, That the Bureau of Indian Affairs may collect from 
     the Indian Health Service and tribes and tribal organizations 
     operating health facilities pursuant to Public Law 93-638 
     such individually identifiable health information relating to 
     disabled children as may be necessary for the purpose of 
     carrying out its functions under the Individuals with 
     Disability Education Act, 20 U.S.C. 1400, et seq.: Provided 
     further, That of the amounts provided to the Indian Health 
     Service, $15,000,000 is provided for alcohol control, 
     enforcement, prevention, treatment, sobriety and wellness, 
     and education in Alaska, to be distributed in accordance with 
     the instruction provided in the committee report accompanying 
     this Act: Provided further, That none of the funds may be 
     used for tribal courts or tribal ordinance programs or any 
     program that is not directly related to alcohol control, 
     enforcement, prevention, treatment, or sobriety: Provided 
     further, That no more than 15 percent may be used by any 
     entity receiving funding for administrative overhead 
     including indirect costs.


                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination

[[Page 14129]]

     Act, and the Indian Health Care Improvement Act, and for 
     expenses necessary to carry out such Acts and titles II and 
     III of the Public Health Service Act with respect to 
     environmental health and facilities support activities of the 
     Indian Health Service, $335,643,000, to remain available 
     until expended: Provided, That notwithstanding any other 
     provision of law, funds appropriated for the planning, 
     design, construction or renovation of health facilities for 
     the benefit of an Indian tribe or tribes may be used to 
     purchase land for sites to construct, improve, or enlarge 
     health or related facilities: Provided further, That not to 
     exceed $500,000 shall be used by the Indian Health Service to 
     purchase TRANSAM equipment from the Department of Defense for 
     distribution to the Indian Health Service and tribal 
     facilities: Provided further, That none of the funds 
     appropriated to the Indian Health Service may be used for 
     sanitation facilities construction for new homes funded with 
     grants by the housing programs of the United States 
     Department of Housing and Urban Development: Provided 
     further, That not to exceed $1,000,000 from this account and 
     the ``Indian Health Services'' account shall be used by the 
     Indian Health Service to obtain ambulances for the Indian 
     Health Service and tribal facilities in conjunction with an 
     existing interagency agreement between the Indian Health 
     Service and the General Services Administration: Provided 
     further, That notwithstanding any other provision of law, the 
     Indian Health Service is authorized to construct a 
     replacement health care facility in Nome, Alaska, on land 
     owned by the Norton Sound Health Corporation: Provided 
     further, That not to exceed $500,000 shall be placed in a 
     Demolition Fund, available until expended, to be used by the 
     Indian Health Service for demolition of Federal buildings.


            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefor as authorized by 5 U.S.C. 5901-5902; 
     and for expenses of attendance at meetings which are 
     concerned with the functions or activities for which the 
     appropriation is made or which will contribute to improved 
     conduct, supervision, or management of those functions or 
     activities.
       In accordance with the provisions of the Indian Health Care 
     Improvement Act, non-Indian patients may be extended health 
     care at all tribally administered or Indian Health Service 
     facilities, subject to charges, and the proceeds along with 
     funds recovered under the Federal Medical Care Recovery Act 
     (42 U.S.C. 2651-2653) shall be credited to the account of the 
     facility providing the service and shall be available without 
     fiscal year limitation. Notwithstanding any other law or 
     regulation, funds transferred from the Department of Housing 
     and Urban Development to the Indian Health Service shall be 
     administered under Public Law 86-121 (the Indian Sanitation 
     Facilities Act) and Public Law 93-638, as amended.
       Funds appropriated to the Indian Health Service in this 
     Act, except those used for administrative and program 
     direction purposes, shall not be subject to limitations 
     directed at curtailing Federal travel and transportation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used for any assessments or 
     charges by the Department of Health and Human Services unless 
     identified in the budget justification and provided in this 
     Act, or approved by the House and Senate Committees on 
     Appropriations through the reprogramming process. Personnel 
     ceilings may not be imposed on the Indian Health Service nor 
     may any action be taken to reduce the full time equivalent 
     level of the Indian Health Service below the level in fiscal 
     year 2002 adjusted upward for the staffing of new and 
     expanded facilities, funding provided for staffing at the 
     Lawton, Oklahoma hospital in fiscal years 2003 and 2004, 
     critical positions not filled in fiscal year 2002, and 
     staffing necessary to carry out the intent of Congress with 
     regard to program increases.
       Notwithstanding any other provision of law, funds 
     previously or herein made available to a tribe or tribal 
     organization through a contract, grant, or agreement 
     authorized by title I or title V of the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), may be deobligated and reobligated to a self-
     determination contract under title I, or a self-governance 
     agreement under title V of such Act and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used to implement the final rule 
     published in the Federal Register on September 16, 1987, by 
     the Department of Health and Human Services, relating to the 
     eligibility for the health care services of the Indian Health 
     Service until the Indian Health Service has submitted a 
     budget request reflecting the increased costs associated with 
     the proposed final rule, and such request has been included 
     in an appropriations Act and enacted into law.
       With respect to functions transferred by the Indian Health 
     Service to tribes or tribal organizations, the Indian Health 
     Service is authorized to provide goods and services to those 
     entities, on a reimbursable basis, including payment in 
     advance with subsequent adjustment. The reimbursements 
     received therefrom, along with the funds received from those 
     entities pursuant to the Indian Self-Determination Act, may 
     be credited to the same or subsequent appropriation account 
     which provided the funding. Such amounts shall remain 
     available until expended.
       Reimbursements for training, technical assistance, or 
     services provided by the Indian Health Service will contain 
     total costs, including direct, administrative, and overhead 
     associated with the provision of goods, services, or 
     technical assistance.
       The appropriation structure for the Indian Health Service 
     may not be altered without advance notification to the House 
     and Senate Committees on Appropriations.

                     National Institutes of Health


          national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry


            toxic substances and environmental public health

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

                         OTHER RELATED AGENCIES

                   Executive Office of the President


  council on environmental quality and office of environmental quality

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

             Chemical Safety and Hazard Investigation Board


                         salaries and expenses

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

              Office of Navajo and Hopi Indian Relocation


                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by

[[Page 14130]]

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

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

                        Smithsonian Institution


                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; up to five 
     replacement passenger vehicles; purchase, rental, repair, and 
     cleaning of uniforms for employees, $524,135,000, of which 
     not to exceed $10,992,000 for the instrumentation program, 
     collections acquisition, exhibition reinstallation, the 
     National Museum of African American History and Culture, and 
     the repatriation of skeletal remains program shall remain 
     available until expended; and of which $9,086,000 for the 
     reopening of the Patent Office Building and for fellowships 
     and scholarly awards shall remain available until September 
     30, 2007; and including such funds as may be necessary to 
     support American overseas research centers and a total of 
     $125,000 for the Council of American Overseas Research 
     Centers: Provided, That funds appropriated herein are 
     available for advance payments to independent contractors 
     performing research services or participating in official 
     Smithsonian presentations: Provided further, That the 
     Smithsonian Institution may expend Federal appropriations 
     designated in this Act for lease or rent payments for long 
     term and swing space, as rent payable to the Smithsonian 
     Institution, and such rent payments may be deposited into the 
     general trust funds of the Institution to the extent that 
     federally supported activities are housed in the 900 H 
     Street, N.W. building in the District of Columbia: Provided 
     further, That this use of Federal appropriations shall not be 
     construed as debt service, a Federal guarantee of, a transfer 
     of risk to, or an obligation of, the Federal Government: 
     Provided further, That no appropriated funds may be used to 
     service debt which is incurred to finance the costs of 
     acquiring the 900 H Street building or of planning, 
     designing, and constructing improvements to such building.


                           facilities capital

       For necessary expenses of repair, revitalization, and 
     alteration of facilities owned or occupied by the Smithsonian 
     Institution, by contract or otherwise, as authorized by 
     section 2 of the Act of August 22, 1949 (63 Stat. 623), and 
     for construction, including necessary personnel, 
     $100,000,000, to remain available until expended, of which 
     not to exceed $10,000 is for services as authorized by 5 
     U.S.C. 3109: Provided, That contracts awarded for 
     environmental systems, protection systems, and repair or 
     restoration of facilities of the Smithsonian Institution may 
     be negotiated with selected contractors and awarded on the 
     basis of contractor qualifications as well as price.

                        National Gallery of Art


                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $96,600,000, 
     of which not to exceed $3,157,000 for the special exhibition 
     program shall remain available until expended.


            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $15,000,000, to remain available 
     until expended: Provided, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price: 
     Provided further, That, notwithstanding any other provision 
     of law, a single procurement for the Master Facilities Plan 
     renovation project at the National Gallery of Art may be 
     issued which includes the full scope of the Work Area #3 
     project: Provided further, That the solicitation and the 
     contract shall contain the clause ``availability of funds'' 
     found at 48 CFR 52.232.18.

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

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


                              construction

       For necessary expenses for capital repair and restoration 
     of the existing features of the building and site of the John 
     F. Kennedy Center for the Performing Arts, $15,200,000, to 
     remain available until expended.

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $9,201,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $126,264,000 shall be available to the National Endowment for 
     the Arts for the support of projects and productions in the 
     arts through assistance to organizations and individuals 
     pursuant to sections 5(c) and 5(g) of the Act, including 
     $14,922,000 for support of arts education and public outreach 
     activities through the Challenge America program, for program 
     support, and for administering the functions of the Act, to 
     remain available until expended: Provided, That funds 
     previously appropriated to the National Endowment for the 
     Arts ``Matching Grants'' account and ``Challenge America'' 
     account may be transferred to and merged with this account: 
     Provided further, That funds appropriated herein shall be 
     expended in accordance with sections 309 and 311 of Public 
     Law 108-108.

                 National Endowment for the Humanities


                       grants and administration

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


                            matching grants

       To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $15,449,000, to remain available until 
     expended, of which $10,000,000 shall be available to the 
     National Endowment for the Humanities for the purposes of 
     section 7(h): Provided, That this appropriation shall be 
     available for obligation only in such amounts as may be equal 
     to the total amounts of gifts, bequests, and devises of 
     money, and other property accepted by the chairman or by 
     grantees of the Endowment under the provisions of subsections 
     11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.

                       Administrative Provisions

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

[[Page 14131]]



                        Commission of Fine Arts


                         salaries and expenses

       For expenses made necessary by the Act establishing a 
     Commission of Fine Arts (40 U.S.C. 104), $1,893,000: 
     Provided, That the Commission is authorized to charge fees to 
     cover the full costs of its publications, and such fees shall 
     be credited to this account as an offsetting collection, to 
     remain available until expended without further 
     appropriation.


               national capital arts and cultural affairs

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

               Advisory Council on Historic Preservation


                         salaries and expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), $4,943,000: 
     Provided, That none of these funds shall be available for 
     compensation of level V of the Executive Schedule or higher 
     positions.

                  National Capital Planning Commission


                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $8,244,000: 
     Provided, That one-quarter of 1 percent of the funds provided 
     under this heading may be used for official reception and 
     representational expenses associated with hosting 
     international visitors engaged in the planning and physical 
     development of world capitals.

                United States Holocaust Memorial Museum


                       holocaust memorial museum

       For expenses of the Holocaust Memorial Museum, as 
     authorized by Public Law 106-292 (36 U.S.C. 2301-2310), 
     $43,233,000, of which $1,874,000 for the museum's repair and 
     rehabilitation program and $1,246,000 for the museum's 
     exhibition design and production program shall remain 
     available until expended.

                             Presidio Trust


                          presidio trust fund

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

      White House Commission on the National Moment of Remembrance


                               operations

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

                      TITLE IV--GENERAL PROVISIONS

       Sec. 401. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 402. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which Congressional action is not complete other than to 
     communicate to Members of Congress as described in 18 U.S.C. 
     1913.
       Sec. 403. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 404. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 405. Estimated overhead charges, deductions, reserves 
     or holdbacks from programs, projects, activities and 
     subactivities to support government-wide, departmental, 
     agency or bureau administrative functions or headquarters, 
     regional or central operations shall be presented in annual 
     budget justifications and subject to approval by the 
     Committees on Appropriations. Changes to such estimates shall 
     be presented to the Committees on Appropriations for 
     approval.
       Sec. 406. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer provided in, this Act or any other Act.
       Sec. 407. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 2005.
       Sec. 408. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply if the Secretary of the Interior determines that, for 
     the claim concerned: (1) a patent application was filed with 
     the Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 2006, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on actions taken by the 
     Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 409. The National Endowment for the Arts and the 
     National Endowment for the Humanities are hereinafter 
     authorized to solicit, accept, receive, and invest in the 
     name of the United States, gifts, bequests, or devises of 
     money and other property or services and to use such in 
     furtherance of the functions of the National Endowment for 
     the Arts and the National Endowment for the Humanities. Any 
     proceeds from such gifts, bequests, or devises, after 
     acceptance by the National Endowment for the Arts or the 
     National Endowment for the Humanities, shall be paid by the 
     donor or the representative of the donor to the Chairman. The 
     Chairman shall enter the proceeds in a special interest-
     bearing account to the credit of the appropriate endowment 
     for the purposes specified in each case.
       Sec. 410. No part of any appropriation contained in this 
     Act shall be expended or obligated to complete and issue the 
     5-year program under the Forest and Rangeland Renewable 
     Resources Planning Act.
       Sec. 411. Section 3(a) of the Act of June 9, 1930 (commonly 
     known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is 
     amended--
       (1) by striking ``or'' following ``stand of timber,'' in 
     (3); and
       (2) by striking the period following ``wildlife habitat 
     management'' in (4), and inserting ``, or (5) watershed 
     restoration, wildlife habitat improvement, control of 
     insects, disease and noxious weeds, community protection 
     activities, and the maintenance of forest roads, within the 
     Forest Service region in which the timber sale occurred: 
     Provided, That such activities may be performed through the 
     use of contracts, forest product sales, and cooperative 
     agreements.''.
       Sec. 412. Amounts deposited during fiscal year 2005 in the 
     roads and trails fund provided for in the 14th paragraph 
     under the heading ``FOREST SERVICE'' of the Act of March 4, 
     1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the 
     Secretary of Agriculture, without regard to the State in 
     which the amounts were derived, to repair or reconstruct 
     roads, bridges, and trails on National Forest System lands or 
     to carry out and administer projects to improve forest health 
     conditions, which may include the repair or reconstruction of 
     roads, bridges, and trails on National Forest System lands in 
     the wildland-community interface where there is an abnormally 
     high risk of fire. The projects shall emphasize reducing 
     risks to human safety and public health and property and 
     enhancing ecological functions, long-term forest 
     productivity, and biological integrity. The projects may be 
     completed in a subsequent fiscal year. Funds shall not be 
     expended under this section to replace funds which would 
     otherwise appropriately be expended from the timber salvage 
     sale fund. Nothing in this section shall be construed to 
     exempt any project from any environmental law.
       Sec. 413. Other than in emergency situations, none of the 
     funds in this Act may be used to operate telephone answering 
     machines during core business hours unless such answering 
     machines include an option that enables callers to reach 
     promptly an individual on-duty with the agency being 
     contacted.
       Sec. 414. No timber sale in Region 10 shall be advertised 
     if the indicated rate is deficit when appraised using a 
     residual value approach that assigns domestic Alaska values 
     for western redcedar. Program accomplishments shall be based 
     on volume sold. Should Region 10 sell, in the current fiscal 
     year, the annual average portion of the decadal allowable 
     sale quantity called for in the current Tongass Land 
     Management Plan in sales which are not deficit when appraised 
     using a residual value approach that assigns domestic Alaska 
     values for western redcedar, all of the western redcedar 
     timber from those sales which is surplus to the needs of 
     domestic processors in Alaska, shall be made available to 
     domestic processors in the contiguous 48 United States at 
     prevailing domestic prices. Should Region 10 sell, in the 
     current fiscal year, less than the annual average portion of 
     the decadal allowable sale quantity called for in the Tongass 
     Land Management Plan in sales which are not deficit when 
     appraised using a residual value approach that assigns 
     domestic Alaska values for western redcedar, the volume of 
     western redcedar timber available to domestic processors at 
     prevailing domestic prices in the

[[Page 14132]]

     contiguous 48 United States shall be that volume: (1) which 
     is surplus to the needs of domestic processors in Alaska; and 
     (2) is that percent of the surplus western redcedar volume 
     determined by calculating the ratio of the total timber 
     volume which has been sold on the Tongass to the annual 
     average portion of the decadal allowable sale quantity called 
     for in the current Tongass Land Management Plan. The 
     percentage shall be calculated by Region 10 on a rolling 
     basis as each sale is sold (for purposes of this amendment, a 
     ``rolling basis'' shall mean that the determination of how 
     much western redcedar is eligible for sale to various markets 
     shall be made at the time each sale is awarded). Western 
     redcedar shall be deemed ``surplus to the needs of domestic 
     processors in Alaska'' when the timber sale holder has 
     presented to the Forest Service documentation of the 
     inability to sell western redcedar logs from a given sale to 
     domestic Alaska processors at a price equal to or greater 
     than the log selling value stated in the contract. All 
     additional western redcedar volume not sold to Alaska or 
     contiguous 48 United States domestic processors may be 
     exported to foreign markets at the election of the timber 
     sale holder. All Alaska yellow cedar may be sold at 
     prevailing export prices at the election of the timber sale 
     holder.
       Sec. 415. Prior to October 1, 2006, the Secretary of 
     Agriculture shall not be considered to be in violation of 
     subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
     solely because more than 15 years have passed without 
     revision of the plan for a unit of the National Forest 
     System. Nothing in this section exempts the Secretary from 
     any other requirement of the Forest and Rangeland Renewable 
     Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 
     law: Provided, That if the Secretary is not acting 
     expeditiously and in good faith, within the funding 
     available, to revise a plan for a unit of the National Forest 
     System, this section shall be void with respect to such plan 
     and a court of proper jurisdiction may order completion of 
     the plan on an accelerated basis.
       Sec. 416. No funds provided in this Act may be expended to 
     conduct preleasing, leasing and related activities under 
     either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     within the boundaries of a National Monument established 
     pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     as such boundary existed on January 20, 2001, except where 
     such activities are allowed under the Presidential 
     proclamation establishing such monument.
       Sec. 417. In entering into agreements with foreign 
     countries pursuant to the Wildfire Suppression Assistance Act 
     (42 U.S.C. 1856m) the Secretary of Agriculture and the 
     Secretary of the Interior are authorized to enter into 
     reciprocal agreements in which the individuals furnished 
     under said agreements to provide wildfire services are 
     considered, for purposes of tort liability, employees of the 
     country receiving said services when the individuals are 
     engaged in fire suppression: Provided, That the Secretary of 
     Agriculture or the Secretary of the Interior shall not enter 
     into any agreement under this provision unless the foreign 
     country (either directly or through its fire organization) 
     agrees to assume any and all liability for the acts or 
     omissions of American firefighters engaged in firefighting in 
     a foreign country: Provided further, That when an agreement 
     is reached for furnishing fire fighting services, the only 
     remedies for acts or omissions committed while fighting fires 
     shall be those provided under the laws of the host country, 
     and those remedies shall be the exclusive remedies for any 
     claim arising out of fighting fires in a foreign country: 
     Provided further, That neither the sending country nor any 
     legal organization associated with the firefighter shall be 
     subject to any legal action whatsoever pertaining to or 
     arising out of the firefighter's role in fire suppression.
       Sec. 418. Notwithstanding any other provision of law or 
     regulation, to promote the more efficient use of the health 
     care funding allocation for fiscal year 2006, the Eagle Butte 
     Service Unit of the Indian Health Service, at the request of 
     the Cheyenne River Sioux Tribe, may pay base salary rates to 
     health professionals up to the highest grade and step 
     available to a physician, pharmacist, or other health 
     professional and may pay a recruitment or retention bonus of 
     up to 25 percent above the base pay rate.
       Sec. 419. In awarding a Federal contract with funds made 
     available by this Act, notwithstanding Federal Government 
     procurement and contracting laws, the Secretary of 
     Agriculture and the Secretary of the Interior (the 
     ``Secretaries'') may, in evaluating bids and proposals, give 
     consideration to local contractors who are from, and who 
     provide employment and training for, dislocated and displaced 
     workers in an economically disadvantaged rural community, 
     including those historically timber-dependent areas that have 
     been affected by reduced timber harvesting on Federal lands 
     and other forest-dependent rural communities isolated from 
     significant alternative employment opportunities: Provided, 
     That notwithstanding Federal Government procurement and 
     contracting laws the Secretaries may award contracts, grants 
     or cooperative agreements to local non-profit entities, Youth 
     Conservation Corps or related partnerships with State, local 
     or non-profit youth groups, or small or micro-business or 
     disadvantaged business: Provided further, That the contract, 
     grant, or cooperative agreement is for forest hazardous fuels 
     reduction, watershed or water quality monitoring or 
     restoration, wildlife or fish population monitoring, or 
     habitat restoration or management: Provided further, That the 
     terms ``rural community'' and ``economically disadvantaged'' 
     shall have the same meanings as in section 2374 of Public Law 
     101-624: Provided further, That the Secretaries shall develop 
     guidance to implement this section: Provided further, That 
     nothing in this section shall be construed as relieving the 
     Secretaries of any duty under applicable procurement laws, 
     except as provided in this section.
       Sec. 420. No funds appropriated in this Act for the 
     acquisition of lands or interests in lands may be expended 
     for the filing of declarations of taking or complaints in 
     condemnation without the approval of the House and Senate 
     Committees on Appropriations: Provided, That this provision 
     shall not apply to funds appropriated to implement the 
     Everglades National Park Protection and Expansion Act of 
     1989, or to funds appropriated for Federal assistance to the 
     State of Florida to acquire lands for Everglades restoration 
     purposes.
       Sec. 421. (a) Limitation on Competitive Sourcing Studies.--
       (1) Of the funds made available by this or any other Act to 
     the Department of the Interior for fiscal year 2006, not more 
     than $3,450,000 may be used by the Secretary of the Interior 
     to initiate or continue competitive sourcing studies in 
     fiscal year 2006 for programs, projects, and activities for 
     which funds are appropriated by this Act until such time as 
     the Secretary concerned submits a reprogramming proposal to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives, and such proposal has been processed 
     consistent with the reprogramming guidelines included in the 
     report accompanying this Act.
       (2) Of the funds appropriated by this Act, not more than 
     $3,000,000 may be used in fiscal year 2006 for competitive 
     sourcing studies and related activities by the Forest 
     Service.
       (b) Competitive Sourcing Study Defined.--In this section, 
     the term ``competitive sourcing study'' means a study on 
     subjecting work performed by Federal Government employees or 
     private contractors to public-private competition or on 
     converting the Federal Government employees or the work 
     performed by such employees to private contractor performance 
     under the Office of Management and Budget Circular A-76 or 
     any other administrative regulation, directive, or policy.
       (c) Competitive Sourcing Exemption for Forest Service 
     Studies Conducted Prior to Fiscal Year 2006.--The Forest 
     Service is hereby exempted from implementing the Letter of 
     Obligation and post-competition accountability guidelines 
     where a competitive sourcing study involved 65 or fewer full-
     time equivalents, the performance decision was made in favor 
     of the agency provider; no net savings was achieved by 
     conducting the study, and the study was completed prior to 
     the date of this Act.
       (d) In preparing any reports to the Committees on 
     Appropriations on competitive sourcing activities, agencies 
     funded in this Act shall include the incremental cost 
     directly attributable to conducting the competitive sourcing 
     competitions, including costs attributable to paying outside 
     consultants and contractors and, in accordance with full cost 
     accounting principles, all costs attributable to developing, 
     implementing, supporting, managing, monitoring, and reporting 
     on competitive sourcing, including personnel, consultant, 
     travel, and training costs associated with program 
     management.
       Sec. 422. None of the funds in this Act or prior Acts 
     making appropriations for the Department of the Interior and 
     Related Agencies may be provided to the managing partners or 
     their agents for the SAFECOM or Disaster Management projects.
       Sec. 423. (a) In General.--An entity that enters into a 
     contract with the United States to operate the National 
     Recreation Reservation Service (as solicited by the 
     solicitation numbered WO-04-06vm) shall not carry out any 
     duties under the contract using:
       (1) a contact center located outside the United States; or
       (2) a reservation agent who does not live in the United 
     States.
       (b) No Waiver.--The Secretary of Agriculture may not waive 
     the requirements of subsection (a).
       (c) Telecommuting.--A reservation agent who is carrying out 
     duties under the contract described in subsection (a) may not 
     telecommute from a location outside the United States.
       (d) Limitations.--Nothing in this Act shall be construed to 
     apply to any employee of the entity who is not a reservation 
     agent carrying out the duties under the contract described in 
     subsection (a) or who provides managerial or support 
     services.
       Sec. 424. Section 331, of Public Law 106-113, is amended--
       (1) in part (a) by striking ``2004'' and inserting 
     ``2006''; and
       (2) in part (b) by striking ``2004'' and inserting 
     ``2006''.
       Sec. 425. Section 321 of the Consolidated Appropriations 
     Act, 2003, as included in Public Law 108-7, is amended by 
     striking ``September 30, 2005'' and inserting ``September 30, 
     2007''.
       Sec. 426. Section 5 of the Arts and Artifacts Indemnity Act 
     (20 U.S.C. 974) is amended--
       (1) in subsection (b), by striking ``$8,000,000,000'' and 
     inserting ``$10,000,000,000''; and
       (2) in subsection (c), by striking ``$600,000,000'' and 
     inserting ``$1,200,000,000''.
       Sec. 427. (a) In General.--
       (1) Beginning in fiscal year 2006 and thereafter, the 
     Secretary of Agriculture and the Secretary of the Interior 
     are authorized to make

[[Page 14133]]

     grants to the Eastern Nevada Landscape Coalition for the 
     study and restoration of rangeland and other lands in 
     Nevada's Great Basin in order to help assure the reduction of 
     hazardous fuels and for related purposes.
       (2) Beginning in fiscal year 2006 and thereafter, 
     notwithstanding 31 U.S.C. secs. 6301-6308, the Director of 
     the Bureau of Land Management may enter into a cooperative 
     agreement with the Eastern Nevada Landscape Coalition for the 
     Great Basin Restoration Project, including hazardous fuels 
     and mechanical treatments and related work.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
       Sec. 428. (a) Section 108(g) of the Valles Caldera 
     Preservation Act (16 U.S.C. 698v-6(g)) is amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) Law enforcement.--
       ``(A) In general.--The Secretary'';
       (2) in the second sentence, by striking ``The Trust'' and 
     inserting the following:
       ``(B) Federal agency.--The Trust''; and
       (3) by striking ``At the request of the Trust'' and all 
     that follows through the end of the paragraph and inserting 
     the following:
       ``(2) Fire management.--
       ``(A) Non-reimbursable services.--
       ``(i) Development of plan.--Subject to the availability of 
     appropriations under section 111(a), the Secretary shall, in 
     consultation with the Trust, develop a plan to carry out fire 
     preparedness, suppression, and emergency rehabilitation 
     services on the Preserve.
       ``(ii) Consistency with management program.--The plan shall 
     be consistent with the management program developed pursuant 
     to subsection (d).
       ``(iii) Cooperative agreement.--To the extent generally 
     authorized at other units of the National Forest System, the 
     Secretary shall provide the services to be carried out 
     pursuant to the plan under a cooperative agreement entered 
     into between the Secretary and the Trust.
       ``(B) Reimbursable services.--To the extent generally 
     authorized at other units of the National Forest System and 
     subject to the availability of appropriations under section 
     111(a), the Secretary shall provide presuppression and 
     nonemergency rehabilitation and restoration services for the 
     Trust at any time on a reimbursable basis.''
       (b) The amendments made by subsection (a) take effect on 
     January 1, 2005.

       TITLE V--FACILITY REALIGNMENT AND ENHANCEMENT ACT OF 2005

     SECTION 501. SHORT TITLE.

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

     SEC. 502. DEFINITIONS.

       In this title:
       (1) Administrative site.--
       (A) In general.--The term ``administrative site'' means 
     Federal land (including improvements to the Federal land) and 
     any associated facility and curtilage that was acquired or is 
     used specifically for Forest Service purposes.
       (B) Inclusions.--The term ``administrative site'' 
     includes--
       (i) a forest headquarters;
       (ii) a ranger station;
       (iii) a research station or laboratory;
       (iv) a dwelling;
       (v) a warehouse;
       (vi) a scaling station;
       (vii) a fire-retardant mixing station;
       (viii) a lookout;
       (ix) a visitor center;
       (x) a guard station;
       (xi) a storage facility;
       (xii) a telecommunication facility;
       (xiii) the Washington Office Headquarters;
       (xiv) a regional office or associated site; and
       (xv) other installations for conducting Forest Service 
     activities.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (3) Federal appraisal standards.--The term ``Federal 
     appraisal standards'' means the standards included in the 
     Uniform Appraisal Standards for Federal Land Acquisitions 
     (Interagency Land Acquisition Conference, 2000).
       (4) Market analysis.--The term ``market analysis'' means 
     the identification and study of the real estate market for a 
     particular economic good or service.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 503. AUTHORIZATION OF CONVEYANCES.

       (a) In General.--The Secretary may convey, by sale, lease, 
     exchange, a combination of sales and exchanges, or by other 
     means any administrative site or interest in an 
     administrative site that is under the jurisdiction of the 
     Secretary.
       (b) Lead-Based Paint and Asbestos Abatement.--
       (1) In general.--Notwithstanding any other provisions of 
     law, in any conveyance under subsection (a), the Secretary 
     shall not be required to mitigate or abate lead-based paint 
     or asbestos-containing building materials with respect to the 
     administrative site conveyed.
       (2) Notice.--Notwithstanding paragraph (1), if the 
     administrative site being conveyed has lead-based paint or 
     asbestos-containing building materials, the Secretary shall--
       (A) provide to the person acquiring the administrative site 
     notice of the presence of lead-based paint or asbestos-
     containing material; and
       (B) obtain from the person acquiring the administrative 
     site a written assurance that the person will comply with 
     applicable Federal, State, and local laws relating to the 
     management of the lead-based paint or asbestos-containing 
     materials.
       (c) Federal Property and Administrative Services.--A 
     conveyance under this section shall not be subject to 
     subchapter I of chapter 5, title 40, United States Code.
       (d) Notice to Congress.--At least once a year, the 
     Secretary shall submit to the Committee on Appropriations of 
     the House of Representatives and the Committee on 
     Appropriations of the Senate notice of any conveyances under 
     this section.
       (e) Environmental Review.--In any environmental review or 
     analysis required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) for the disposal of an 
     administrative site under this section, the Secretary shall 
     consider or analyze the uses of the administrative site after 
     the conveyance of the administrative site only to the extent 
     that the Secretary determines to be necessary--
       (1) to determine any right, title, or interest in the 
     administrative site that may be reserved by the Secretary 
     under subsection (g)(3); or
       (2) for market analyses purposes.
       (f) Configuration of Land.--
       (1) In general.--To facilitate a conveyance under this 
     section, the Secretary may configure the land to be conveyed 
     to--
       (A) maximize the marketability of the land; and
       (B) achieve management objectives.
       (2) Improvements.--Improvements to the land to be conveyed 
     may be severed from the land and disposed of in separate 
     conveyances.
       (3) Reservation.--In any disposition of land under this 
     section, the Secretary may reserve any right, title, and 
     interest in and to the land that the Secretary determines to 
     be necessary, including--
       (A) a reservations of water rights;
       (B) a right-of-way; and
       (C) a utility easement.
       (g) Consideration.--
       (1) Amount.--In consideration for a conveyance authorized 
     under subsection (a), the purchaser shall pay to the 
     Secretary the amount that is equal to the fair market value 
     of the administrative site conveyed, as provided in paragraph 
     (3).
       (2) Appraisal.--The Secretary shall determine fair market 
     value by--
       (A) conducting an appraisal that is performed in accordance 
     with the Uniform Appraisal Standards for Federal Land 
     Acquisitions and the Uniform Standards of Professional 
     Appraisal practice;
       (B) competitive sale; or
       (C) other acceptable and commonly recognized methods of 
     determining value as determined by the authorized agency 
     appraiser.
       (3) Form.--
       (A) Sale.--Consideration for a sale under this section 
     shall be paid in cash on conveyance of the administrative 
     site.
       (B) Exchange.--
       (i) Equal in value.--Consideration for an exchange of land 
     or an improvement to land under this section shall be in the 
     form of a conveyance of land or improvement that is equal in 
     value to the land or improvement conveyed.
       (ii) Not equal in value.--If the values of land or 
     improvements to be exchanged under this Act and described in 
     clause (i) are not equal, the values may be equalized by--

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

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

     SEC. 504. WORKING CAPITAL FUND.

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

     ``SEC. 13. WORKING CAPITAL FUND.

       ``(a) Establishment.--There is established a working 
     capital fund (referred to in this section as the `Fund'), 
     which shall be available without fiscal year limitation.
       ``(b) Use.--Amounts in the Fund shall be used to pay the 
     costs of purchasing, constructing, performing capital repairs 
     on, renovating, rehabilitating, disposing, or replacing 
     buildings and

[[Page 14134]]

     to carry out deferred maintenance and improvements to land 
     for programs of the Forest Service, subject to any 
     limitations in appropriations for the Forest Service.
       ``(c) Transfer and Capitalization.--The Secretary of 
     Agriculture (referred to in this section as the `Secretary') 
     may--
       ``(1) transfer to the Fund, without reimbursement, and 
     capitalize in the Fund at fair and reasonable values, any 
     receivables, inventories, equipment, buildings, improvements, 
     and other assets as the Secretary determines to be 
     appropriate; and
       ``(2) assume the liabilities associated with the assets 
     transferred under paragraph (1).
       ``(d) Advance Payments.--The fund shall be credited with 
     advance payments in connection with firm orders and 
     reimbursements from appropriations and funds of the Forest 
     Service, other departmental and Federal agencies, and from 
     other sources, as authorized by law, at rates approximately 
     equal to the cost of furnishing the facilities and 
     service.''.
       (b) Savings Clause.--The amendment made by subsection (a) 
     shall not affect the status of funds and assets in the 
     working capital fund established by section 13 of the 
     Department of Agriculture Organic Act of 1956 (16 U.S.C. 
     579b) as in effect on the date of enactment of this section.
       This Act may be cited as the ``Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2006''.

  The PRESIDENT pro tempore. Under the previous order, the committee 
substitute is agreed to and considered original text for the purpose of 
further amendments.
  Mr. BURNS. Mr. President, my good friend from North Dakota is running 
a little late. I will make my opening statement this morning, we will 
get his remarks, and then we will start moving. We are sort of 
conflicted this morning, as the Chair understands, but we will work our 
way through in accepting for consideration the amendments that will be 
offered to this appropriations bill.
  Today we begin consideration of the Interior, Environment and Related 
Agencies Appropriations Act, which was reported unanimously by the 
Appropriations Committee on June 9. I appreciate the efforts of the two 
leaders to get this bill to the floor before the recess, in the hope 
that we can get a few appropriations bills to the President's desk 
before the August recess.
  The bill before the Senate combines funding for the traditional 
Interior bill agencies with funding for the Environmental Protection 
Agency and other related agencies that were previously funded in the 
VA-HUD bill. Having these new agencies under our jurisdiction has been 
a real learning experience for me, and a real challenge in some areas.
  The EPA is an agency with a very broad reach. It administers, in 
cooperation with states and tribes, a long list of environmental 
statutes including the Clean Air Act, the Clean Water Act, Superfund, 
the Safe Drinking Water Act, and FIFRA, the Federal Insecticide, 
Fungicide and Rodenticide Act. As such, the agency has a tremendous 
impact on all sectors of the economy, on our public health and, of 
course, on the environment.
  I have been approached by many different members and outside groups 
about attaching legislative provisions that would address EPA rules and 
regulations of one sort or another. On a number of these issues, I am 
sympathetic. But with the exception of language relating to regulation 
of small engines, which I think we resolved in the full committee 
markup, this bill is very clean with regard to legislative provisions. 
I hope we can keep it that way. Otherwise the number of potential 
amendments would be limitless, and we jeopardize our chances of 
enacting this important bill in a timely manner.
  The bill reported by the committee recommends a grand total of $26.3 
billion in new budget authority. It also matches the subcommittee's 
discretionary allocation of $26.207 billion. As always, any amendments 
that add funding for particular programs must be fully offset.
  The subcommittee's allocation represents a cut of $534 million below 
the fiscal year 2005 level for the agencies funded in this bill. That 
is a 2 percent cut. In an appropriations bill that is fairly personnel-
intensive, a 2 percent cut is not insignificant. Simply keeping pace 
with pay costs and health benefits for park and forest rangers, Indian 
health care professionals, and other critical personnel requires a 
significant increase in funding over last year. Those increases, 
combined with the overall reduction in the size of the bill, mean that 
the grant programs and construction accounts in this bill are squeezed 
substantially.
  One area where this bill does not include a reduction is in the Clean 
Water State Revolving Fund. This program helps finance wastewater 
treatments systems throughout the country and serves to protect both 
the health of the American public and the environment.
  The President's budget proposed cutting the Revolving Fund from $1.1 
billion to $730 million. Given the tremendous need in this country for 
effective wastewater treatment, I could not recommend that cut to the 
Senate. This bill restores every penny of the proposed reduction.
  So if any of my colleagues are wondering what happened to a 
particular EPA earmark that they may have requested and trust me, I 
have heard from many of them, the basic answer is that it is in the 
Revolving Fund. EPA earmarks in this bill are greatly reduced from last 
year's levels. The same goes for many of the programmatic increases 
that were proposed in the EPA budget. This bill provides few of those 
increases. These are simply the tradeoffs we had to make.
  For the land management agencies funded in this bill, we have focused 
on maintaining their core operating budgets while restoring a portion 
of the proposed reductions to capital accounts.
  We have increased funding for park operations by $65 million over 
last year, and included $20 million over the budget request for basic 
park operations. I continue to hear from my colleagues and from folks 
back in Montana that they are concerned about park operating budgets. I 
am pleased that we have been able to sustain the large increase for 
park operations provided in last year's bill and have been able to 
build on that. Preserving such unique American treasures as Yellowstone 
and Glacier National Park will remain a priority as long as I am 
chairman of this subcommittee.
  In the Bureau of Land Management, increases have been provided for 
law enforcement, weed control and minerals management. While these jobs 
may not be as glamorous or well known as park rangers or smokejumpers, 
they are no less important. BLM has an enormous responsibility in terms 
of the sheer acreage it manages, and in meeting the multiple use 
mandate with which it is charged.
  In the Fish and Wildlife Service and the Forest Service, this bill 
restores a portion of the proposed $166 million cut in the two 
agencies' construction accounts. But we are still left with significant 
reductions from last year's funding levels.
  As outlined in the budget request, language has been included in the 
bill to facilitate the consolidation and sale of Forest Service 
administrative sites. In the short term, revenues from these sales will 
help fill the hole in the construction and maintenance account. But by 
no means does this address the long term capital needs of the Forest 
Service. I am concerned about the reductions we are making in this 
account if funds are not restored in future years.
  This bill also supports programs that form the backbone of our trust 
relationship with American Indians and Alaska Natives. In both the 
Bureau of Indian Affairs and the Indian Health Service, we have 
provided increases for the core operating accounts.
  The bill adds $48 million to the budget request for the operation of 
Indian Programs account, with increases for tribally controlled 
schools, welfare programs and Johnson-O'Malley education grants. Both 
Senator Dorgan and I have long believed that tribal community colleges 
are one of the most effective tools we have to educate our young people 
and further economic development in Indian country. That belief is 
reflected in the funding provided in this bill.
  This bill also provides the full $146 million increase proposed in 
the budget request for Indian health services, which is a healthy 5 
percent over last year. That amount includes an allowance for medical 
inflation and population growth for the first time in my

[[Page 14135]]

memory. There is little question that the total need for health care 
services is greater than the funds we can provide, but within the 
context of the overall budget this moves us in the right direction.
  For the BIA and IHS capital accounts, we have added $55 million to 
the amount proposed in the budget request. This leaves us below last 
year's levels, but will enable those agencies to make continued 
progress on the projects included in their facilities priority lists.
  I should also mention briefly the issue of Indian trust reform. This 
is an issue on which this subcommittee and the Department of the 
Interior have spent a great deal of time and money. I wholeheartedly 
share the belief that we owe it to Native Americans to responsibly and 
accurately manage the lands and funds that the Federal Government holds 
in trust for various tribes and individual Indians. There is little 
question this hasn't always been the case. But there certainly is a 
case--several, in fact--about the degree to which the trust has been 
mismanaged, and what amounts the government may owe as a result. The 
Indian Affairs Committee has been working hard on this issue, and I 
hope that they can find a reasonable way out of this intractable mess.
  It is pretty clear to me, however, that it makes no sense to spend 
many billions of dollars on a historical accounting like the court is 
trying to mandate. It defies logic to think that's what Congress 
intended in passing that American Indian Trust Fund Management Reform 
Act. Instead, this bill provides roughly level funding for the 
Department to continue a reasonable level of accounting work, and uses 
the proposed accounting increase to instead shore up various BIA and 
IHS programs that actually benefit Indian people. That is where our 
priorities should be.
  About wildland fire management, some areas are experiencing a fire 
season, but we are getting a little moisture in Montana. We hope to 
avoid that this year. Another subject that has long troubled this 
subcommittee is funding for wildland firefighting. Obviously we have no 
way of knowing how much money will be required for firefighting in any 
given year, so we budget based on the 10-year average of suppression 
costs. In particularly bad fire years, that amount leaves us well short 
of the total need, and forces the Forest Service and the Department of 
the Interior to raid other accounts until supplemental funding can be 
appropriated.
  On a small scale, that system works. But in very bad fire years the 
massive borrowing has been highly disruptive to other important 
programs. Two years ago I worked with the Budget Committee and others 
to provide a pot of supplemental funding that could only be used for 
extraordinary firefighting needs. That mechanism has been highly 
successful thus far, and I hope that we can continue to work with the 
Budget Committee as we go forward to ensure that we are managing the 
fire program in the most cost-effective and efficient way possible.
  The bill before the Senate provides a total of $2.513 billion for 
wildland fire management activities, including $767 million for the 
Bureau of Land Management and $1.746 billion for the Forest Service. 
The total includes $492 million for hazardous fuels reduction, which is 
an increase of $28 million over the FY 2005 level. We have also 
provided funds to restore proposed cuts in Rural Fire Assistance and 
State Fire Assistance. State and local governments are a vital part of 
the effort whenever fire breaks out.
  In the Land and Water Conservation Fund, the bill provides $404 
million for Land and Water Conservation Fund programs, including 
Federal land acquisition, Forest Legacy, and the Stateside program. 
This is somewhat below last year's levels for the same group of 
programs, but is above the budget request and well above the House 
level of $214 million. The fund total includes $30 million for the 
Stateside program, which provides grants to states and local 
governments for recreation development and land acquisition. The budget 
and the House have proposed to terminate this program. A large number 
of my colleagues have expressed their concern about that proposal, so 
I'm pleased we've been able to keep the program going.
  Let me close by expressing my appreciation once again to the ranking 
member of the subcommittee, Senator Dorgan. He and his staff have been 
a pleasure to work with, and have helped shape this bill so that it 
reflects the priorities of members on both sides of the aisle.
  I wish we could have done more in some instances, but in the context 
of a difficult budget I have no reservations about recommending this 
bill to my colleagues. For those of you who may have amendments, I urge 
you to get them to me and to Senator Dorgan--or our staffs--as quickly 
as possible so that we can complete work on this bill, and move on to 
other appropriations bills before the July 4 recess.
  Again, I thank my good friend from North Dakota. We share a common 
border, but we also give thanks that there is the little Missouri 
River. So I welcome him this morning and look forward to his remarks.
  Mr. President, I would add, I may go over to that listening session 
on Commerce. I would assume that Senator Dorgan is going to be around 
and you can consult with my staff and kind of manage things. Don't get 
too frisky and we will get this bill out of here by Tuesday noon.
  I thank my ranking member.
  Mr. DORGAN. Mr. President, if my colleague from Montana is going to 
be leaving the floor for a period, as I understand, to go to a 
listening session in the Commerce Committee--if he is going to be gone 
for some while, I may get a lot of legislating done on the floor of the 
Senate. But we will see. Actually, I will consult closely with Senator 
Burns's staff. We have worked well together and we put together a piece 
of legislation that was hard to do.
  I want to just tell those who think there are no spending cuts, this 
bill that is brought to the floor of the Senate spends $544 million 
less than is spent in the current fiscal year. That means we are a half 
billion dollars less in spending for the next fiscal year than is now 
being spent. Putting together an appropriations bill that cuts a half 
billion dollars is not a small task. It is hard. There are some areas 
in this legislation that I think we have not done what we should have 
done. We did the best we could, having to cut a half billion dollars.
  My colleague from Montana and his staff have been good to work with. 
It is the case that in the Appropriations Committee, on the 
subcommittees, there truly is bipartisanship. We work together to try 
to resolve issues in a way that provides a product that all of us can 
support. That is the case here today.
  I will in the course of time offer an amendment that will restore 
some funds to Indian health. We have desperate conditions on Indian 
reservations with respect to Indian health, and I am going to talk a 
little about that today. For example, we restored some funds to the 
tribal colleges. The President was intending to cut that substantially 
in his budget, which really makes no sense to me. We have not only 
restored those cuts but actually increased it a couple of million 
dollars.
  So there are many things we have done that my colleague from Montana 
has described in his opening statement. I think it would not be useful 
for me to once again review his comments with respect to funding for 
the Forest Service and the EPA and all of the various accounts in this 
bill. There are many of them. It is a fairly substantial bill. I think 
my colleague aptly described what we tried to do, things that we have 
succeeded in doing.
  He described we have fully funded the EPA clean water State revolving 
fund $1.1 billion. The President proposed a dramatic cut there. We 
restored that. That is a $370 million increase over the President's 
substantial cut.
  There are a number of things. I will not go through all the details 
only to repeat what my colleague has said. I want to focus for a moment 
on something that I think needs more focus in the Senate, and that is 
Indian health.

[[Page 14136]]

  The reason I do that is I come from a State, as do a number of my 
colleagues, where we have Indian reservations. We have four Indian 
reservations. We have a genuine bona fide crisis in health care, 
housing, and education on our reservations. It is easy for people to 
put it out of sight and out of mind and not think too much about it.
  I have been working with my colleague, Senator Burns, for the last 3 
years to increase funding for tribal colleges. I want to read a letter 
that I read previously to my colleagues because it is such a wonderful 
description of the value of tribal colleges. This letter is from a 
young woman who wrote to me. This is a woman I happen to know, who has 
quite a remarkable career at this point. But here is the letter she 
wrote to me:

       I grew up poor and considered backward by non-Indians. My 
     home was a two-room log house in a place called the ``bush'' 
     on North Dakota's Turtle Mountain Indian Reservation. I 
     stuttered. I was painfully shy. My clothes were hand-me-
     downs. I was like thousands of other Indian kids growing up 
     on reservations across America.
       When I went to elementary school I felt so alone and 
     different. I couldn't speak up for myself. My teachers had no 
     appreciation for Indian culture. I'll never forget that it 
     was the lighter-skinned children who were treated better. 
     They wore usually from families that were better off than 
     mine. My teachers called me savage. Even as a young child I 
     wondered . . .  What does it take to be noticed and looked 
     upon the way these other children are?
       By the time I reached 7th grade I realized that if my life 
     was going to change for the better, I was going to have to do 
     it. Nobody else could do it for me. That's when the dream 
     began. I thought of ways to change things for the better--not 
     only for myself but for my people. I dreamed of growing up to 
     be a teacher in a school where every child was treated as 
     sacred and viewed positively, even if they were poor and 
     dirty. I didn't want any child to be made to feel like I did. 
     But I didn't know how hard it would be to reach the 
     realization of my dream. I almost didn't make it.
       By the time I was 17 I had dropped out of school, moved to 
     California, and had a child. I thought my life was over. But 
     when I moved back to the reservation I made a discovery that 
     literally put my life back together. My sisters were 
     attending Turtle Mountain College, which had just been 
     started on my reservation. I thought that was something I 
     would do too, so I enrolled. In those days, we didn't even 
     have a campus. There was no building. Some classes met at a 
     local alcohol rehabilitation center in an old hospital 
     building that had been condemned. But to me, it didn't 
     matter. I was just amazed I could go to college. It was life-
     changing.
       My college friends and professors were like family. For the 
     first time in my life I learned about the language, history 
     and culture of my people in a formal education setting. I 
     felt honor and pride begin to well up inside me. This was so 
     unlike my prior school experience where I was told my 
     language and culture were shameful and that Indians weren't 
     equal to others. Attending a tribal college caused me to 
     reach into my inner self to become what I was meant to be--to 
     fight for my rights and not remain a victim of circumstance 
     or of anybody. In fact, I loved college so much that I 
     couldn't stop! I had a dream to fulfill . . .

  This young woman is now a doctor, a Ph.D. She continued in her letter 
telling me what she was doing. She said:

       I have worked in education ever since, from Head Start to 
     teacher's aide to college professor. Now I'm realizing my 
     dream of helping Indian children succeed. I am a . . . 
     Program Superintendent working with nine schools, three 
     reservations, and I oversee two educational contracts with 
     two tribal colleges.

  Think of this. This young girl grew up feeling hopeless and helpless, 
stuttering, being called a ``savage'' in a school. She, now, is a 
Ph.D., helping other children succeed, helping create and nurture an 
education system that gives others a feeling of hope.
  The reason I wanted to read that story is this is all about a tribal 
college. It is all about giving a young woman an opportunity through a 
tribal college. I can't tell you how many tribal colleges I have 
visited, but I know that they enrich the lives of those who attend them 
because it is an opportunity to step up and out of poverty and 
hopelessness.
  I recall one day I was asked to speak at a commencement at a tribal 
college. I asked the graduates there: Who is the oldest graduate? They 
pointed to a woman. They said: She is the oldest graduate.
  I went over. She was in her mid-forties and she was, on this day, 
graduating from college. I asked her about herself and I found out a 
bit about her. She was a single mother. I believe her husband had left 
her. I believe she had four children and she was the janitor at the 
college, cleaning the hallways and the toilets. She decided that she 
really wanted to do more than clean the hallways and the toilets in 
that college, she wanted to attend that college, and she did.
  She found a way as a single mother to attend that college. The day I 
showed up she wasn't cleaning anything, she was wearing a cap and a 
gown and a smile. And that smile was a recognition of what she had 
invested in herself. But she couldn't have done that had there not been 
a tribal college, not been Pell grants, not been an opportunity for 
this country to say to her, through the funding of tribal colleges, 
through Pell grants, and through other approaches, that: We want to 
help you. We want to offer a helping hand.
  So there is so much to be done. I am speaking now about education and 
tribal colleges. That is just one piece of it. I am proud to say that 
Senator Burns and I have very substantially changed the recommendations 
of the President. He proposes cutting funding for tribal colleges. We 
propose increasing funding. Why? Because it is the right thing to do. 
It is investing in people's lives in the right way.
  The other thing I want to talk about for a moment is Indian health 
care. I mentioned there is a bona fide crisis in health care, housing, 
and education for American Indians. I have spoken previously on the 
floor about this.
  I have talked about a woman who died, froze to death in her bed, a 
grandmother. She froze to death in her bed on a reservation in South 
Dakota when it was 35 below zero, in a home with plastic over the hole 
where windows should have been. There were six people living in a very 
small space without sufficient beds and a grandmother goes to bed and 
freezes to death. Most would think from reading that, it is from a 
Third World country. It wasn't. It was from our country. We have 
serious problems on Indian reservations in health care, housing, and 
education.
  I mentioned education with respect to tribal colleges. Let me mention 
health care for a moment because I will offer an amendment dealing with 
health care.
  There simply is not enough money to provide the kind of health care 
Americans would expect to provide to every child in this country. I 
have been to reservations to see a dentist working out of a small 
trailer home, serving 5,000 people. That dentistry is not so much about 
doing bridgework or fixing a tooth. It is about someone coming in with 
an ache and deciding the tooth has to be pulled because you cannot do 
fancy work in a trailer house when you serve 5,000 people. That is just 
life on the reservation with respect to the underfunding of Indian 
health care.
  I have held two hearings recently on the subject of teen suicide on 
Indian reservations. I know it is sensitive. These are hearings you 
would prefer not to be having, to talk about a subject you would prefer 
not to talk about. But the fact is, we have young people--particularly 
in the Northern Great Plains--across this country, young teenagers on 
Indian reservations who are taking their own lives at the rate of two 
and a half to three times the national average and in the Northern 
Great Plains 10 times the national average. This is not about 
statistics. It is about a young person who decides to commit suicide.
  I have spoken in the Senate previously, with the concurrence of the 
relatives of this young woman, about Avis Littlewind, the 14-year-old. 
About 9 months or a year ago, Avis Littlewind committed suicide. She 
had missed 90 days of school. She was lying in her bed, missing school, 
in a fetal position, with serious problems. Her sister committed 
suicide 2 years before. Her dad had taken his life 6 years before. Then 
Avis Littlewind got out of bed one day and went to the closet and they 
found her there. She had committed suicide. Most are doing it by 
hanging.

[[Page 14137]]

  We have had a cluster of suicides on the Standing Rock Reservation in 
the last 5 months. I have spoken to the relatives of these young kids 
who have decided to take their lives. One of the things we discover 
when we talk to the psychologists. I went to the reservation where Avis 
Littlewind committed suicide. I talked to the school administrators, 
those involved in mental health, tribal officials, relatives, to try to 
understand how this happens, how does it happen that no one sends up a 
big warning flag to say, here is a kid in trouble, let's intervene 
somehow. What I learned there I have known previously, because I had a 
hearing one day on these issues some years ago and the young woman who 
was in charge of these children's issues testified. She had only worked 
there about 2 months at this reservation. She said, I have a stack of 
papers on my office floor of allegations of child abuse that have not 
even been investigated. A stack of papers, alleging child abuse in each 
of the folders, with no investigation. Then she said, I cannot even get 
a kid to a clinic someplace because I don't have a vehicle so I have to 
beg for somebody to give a ride to a kid to take them to a clinic, 
perhaps to see a mental health professional. As she began to describe 
the need to beg for a ride for a kid who is in trouble, she began to 
sob and she broke down and cried. She could not continue at this 
hearing. She quit a month later because she said it was hopeless.
  My point is we know this is happening right now. Yes, in teen 
suicide; that is, mental health issues. It is the whole range of health 
care issues, including substance abuse, devastating substance abuse 
issues with very few in residential treatment beds to deal with it.
  I will offer an amendment that says it is time for this country to 
address these issues. We have trust responsibility for the health care 
for Indians. We have a responsibility for health care for people in 
Federal prisons. We spend twice as much per person on health care for 
Federal prisoners as we do to provide health care to American Indians--
twice. Ask yourself, for a kid who felt hopeless and helpless, who 
decided to take her own life, shouldn't we face that and decide we have 
a commitment as a country to meet our trust obligations to provide 
adequate health care? I will offer an amendment regarding that. I 
probably will do it on Monday. My past experience is the Senate will 
turn it down because tax cuts for wealthy individuals are much more 
important than adequate health care funding for Indian children, for 
example.
  You say, that is unfair. No, it is not unfair to say that. There is 
plenty of money around here to say those who get money from 
investments, ratchet their tax rates down, down, down, so we can remove 
the burden from people who make millions every year, and say, by the 
way, we don't have enough money left to address the issues of these 
kids.
  I started this discussion by reading a letter from Loretta De Long, 
who is now a Ph.D., but who started in school being called a savage, 
who stuttered, who got into trouble, had a child at 17, moved to 
California and thought her life was hopeless, as well. Now she is a 
Ph.D. She is involved in Indian education. But her letter that I read 
describes hope. It describes hope and opportunity and what gave her 
hope and opportunity. Yes, that was tribal colleges and the family 
encouragement to be able to go to a tribal college.
  My point is simple: We have a big bill here. We have done a lot of 
good work. In some cases we have come short of what I would like to do. 
In one area, especially, I am talking about the area in which we have a 
responsibility to deal with Indian health care, we are desperately 
short, have always been short. The administration never asks for 
enough--not just this administration, previous administrations, as 
well--and the Congress is never willing to give enough to provide 
adequate health care to Indians.
  I hope, perhaps, we can have a broader debate as soon as we are into 
this bill and perhaps Monday morning I will be able to offer that 
amendment.
  There is much to say about this legislation. My colleague described 
the EPA, the Forest Service, the Fish and Wildlife Service, so many 
areas that are important. We have attempted to do the very best we can 
to provide adequate funding.
  We are going to be asking for amendments to be offered today and on 
Monday with the understanding that all amendments will be offered by 
the end of the day Monday, after which we will dispose of those 
amendments and then hopefully complete this bill. When we do that, we 
can go to conference. This is part of that process, this march we 
should be making to complete our appropriations bills on time, have a 
conference with the House, reach an agreement, and get this funding for 
the next fiscal year done this way rather than present some big omnibus 
bill that in most cases is exactly the wrong way to legislate, where a 
few people go into a room and close the door and come out and announce 
to us, we have 800 pages and, by the way, we will vote in 15 minutes, 
and you do not have time to read it nor should you care what is in it.
  That is the wrong way to legislate. Senator Cochran says he wants to 
do it the right way, one step at a time. This is one step. It is an 
important step because the agencies are important. I hope we can do it 
with the cooperation of all of our colleagues.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Burr). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Travel To Cuba

  Mr. DORGAN. Mr. President, I have here a photograph of a soldier. He 
joined the Army National Guard as a combat medic and went to Iraq. His 
name is Carlos Lazo.
  Carlos came to my office the other day. That is a picture of him in 
my office. Carlos is a wonderful soldier. In fact, let me put up 
another chart that shows you that Carlos won the Bronze Star in Iraq. 
In the description of the Bronze Star won by this remarkable soldier, 
it says:

       SPC Lazo's courage, initiative, along with his calm, cool 
     composure was instrumental in saving numerous lives on the 
     battlefield and at the BAS all thru this operation.

  They were talking about some very heavy fighting and mortar rounds 
and bombs exploding very close to where Sergeant Lazo was busy saving 
lives. They described the work Mr. Lazo did, this courageous soldier. 
It was quite extraordinary.
  Mr. President, I ask unanimous consent to have the Bronze Star 
citation printed in the Record.
  I show you the Bronze Star citation, which was from last November, 
just in order to tell you that this is an extraordinary person.
  So Carlos Lazo came to see me on Wednesday of this week. Do you know 
why he came to my office? Because he wants to see his kids, and our 
Government will not let him see his kids. No, this is not about a child 
custody fight. His kids are in Cuba. And one of them has been in the 
hospital with a high fever.
  We have decided in this country to punish Fidel Castro by slapping 
around the American people and injuring their rights to travel. This 
President has said that people like Carlos Lazo cannot go to Cuba to 
see his kids. He cannot visit his kids. It is unbelievable to me.
  I have been on this floor before talking about the restriction of 
travel to Cuba. We have people in the Treasury Department who are 
investigating Americans because they are under suspicion of taking a 
vacation to Cuba. It is unbelievable.
  I have brought a picture to the floor of the Senate of Joni Scott. Do 
you know what Joni Scott did? She went to Cuba to pass out free Bibles. 
Well, guess what her Government did. Guess what the U.S. Government 
did. They tracked her down and slapped her with a big fine because she 
was passing out free Bibles in Cuba. A wonderful young woman, filled 
with spirit and faith,

[[Page 14138]]

wanting to provide free Bibles on the streets of Cuba, and this 
Government tracks her down to fine her.
  I have shown a picture of Joan Slote, a 75-year-old grandmother who 
is a cyclist who joined a Canadian cycling group to ride bicycles in 
Cuba. And guess what they did. While her son was dying of brain cancer, 
they tracked Joan Slote down, and they threatened to attach her Social 
Security payments because they were trying to slap a big fine on her 
because she rode a bicycle in Cuba. She did not know you had to have a 
license to go to Cuba. She just joined a Canadian group. But, boy, did 
they track her down. They tracked down Joni Scott and tried to slap a 
fine on her for distributing free Bibles.
  They tracked down a guy in Seattle whose dad died. His dad's last 
wish was that his ashes should be distributed on the grounds of the 
church he served as a pastor in Cuba. So he takes his dad's ashes in a 
can to Cuba, and they track him down and slap a fine on him. It is 
unbelievable.
  Now, this young solder, Carlos Lazo, who earned a Bronze Star in 
November for bravery on the battlefield. He came from Cuba, by the way. 
He escaped Cuba. He fled in 1992. He was part of a group that fled 
Cuba. Regrettably, the rest of his family was not able to get out. So 
he has two sons left behind. He has been in contact with his children. 
He has been able to go back from time to time and visit them a number 
of times under the rules that allowed that kind of family visit.
  Then, last year, the President decided we are going to tighten all 
that up. We are shutting all that down. So now Mr. Lazo, someone who 
has performed heroic service for this country in America's uniform, is 
now told: Yes, your son has been in a hospital. Yes, he has a high 
fever. But he is in Cuba, so you cannot travel to see him.
  This Government will not allow this soldier to see his children. Why? 
Is it about him? No, it is not about him.
  Fidel Castro has poked his finger in this country's eye for a long 
time, so our country, this Government, this President, wants to injure 
the rights of the American people to travel in a way to punish Fidel 
Castro.
  It does not punish Fidel Castro. He has been in office through 10 
Presidencies. All that does is punish the American people: Joni Scott; 
Joan Slote; and, yes, now Carlos Lazo. Carlos has asked me, ``Is there 
any way you could help me?'' because he has heard me on the floor of 
the Senate talking time and time again about the absurdity of this 
policy.
  Let me just say, I don't have any desire to see Fidel Castro remain 
in power. The quicker he is gone, the better. But that will happen, in 
my judgment, through engagement through trade and travel, just as we 
preach that it will in China and Vietnam--both Communist countries. We 
have, instead, given Castro his best excuse. He says to the Cuban 
people, with a sense of nationalism: Of course our economy is in deep 
trouble because that 500-pound gorilla up north has its fist around our 
neck.
  It seems to me, after 40 years, when a policy does not work, you 
change the policy. Yet in this case, after 40 years, when a policy does 
not work, we have decided to further injure the rights of the American 
people. I hear all this talk about freedom and liberty. Where is the 
freedom for this young soldier, who has earned a Bronze Star just 
months ago? Where is the freedom of this young soldier to see his son, 
to get on a plane and travel to Cuba?
  I am asking the State Department and the President to make the right 
decision here. What on Earth can they be thinking of, deciding Sergeant 
Lazo should not see his sick child? When America called, he went to the 
battlefield. He risked his life. He did his work among bombs and 
grenades and mortars that were falling all around him--sufficient so he 
received the Bronze Star--and now he is told he cannot see his kids?
  He asks me, What on Earth is happening? Where is the freedom here?
  Now, I know speaking on the floor about this upsets the people in the 
State Department, who have to follow the dictions of the White House. 
It upsets the people in Treasury, OFAC, the Office of Foreign Assets 
Control. Incidentally, my colleagues should know there are far more 
people in the Office of Foreign Assets Control--which is an 
organization designed to track the money to shut down the funding for 
Osama bin Laden and terrorists--there are far more people in OFAC right 
now working on tracking down Americans suspected of taking a vacation 
in Cuba than there are tracking the money for Osama bin Laden. That is 
shameful, but it is the truth. It has been put in the Congressional 
Record.
  My colleague, Senator Baucus, got that information, and so did I. I 
have asked the Treasury Secretary--I asked the former Treasury 
Secretary, Secretary O'Neill. I said at a hearing: Look, wouldn't you 
sooner use that money to track terrorists as opposed to trying to track 
people who are vacationing in Cuba? He did not want to answer. I asked 
him several times. Finally, he said: Mr. Senator, of course I would 
sooner do that. The White House had a press release out instantly 
vilifying the Treasury Secretary for doing that.
  This is an obsession with this administration. This has nothing to do 
with good policy. I am not talking this morning about selling wheat to 
Cuba. An odd couple--myself and then-Senator John Ashcroft--which is 
really an odd couple because we are philosophically very different--we 
are the ones who offered the amendment on the floor of the Senate that 
finally--finally--after 40 years, opened, just a crack, the ability to 
sell food into Cuba.
  We should never have used food as a weapon. Food and medicine was 
used as a weapon, which I think is fundamentally immoral. Telling our 
farmers, ``You can't sell food to Cuba'' meant nothing to Fidel Castro. 
He never missed a meal. Do you think he missed breakfast, dinner, or 
lunch in 40 years?
  Of course he didn't. It just hurt American farmers and hurt sick, 
poor, and hungry Cubans.
  So for the first time in 42 years, one day not long ago 22 train 
carloads full of dried peas left an elevator in North Dakota and ended 
up in Cuba, paid for by cash. The administration opposed that as well.
  Now they have taken further action. Nearly $1 billion has been sold 
in agricultural commodities by our farmers to the Cubans, and now this 
administration has decided to tighten that down to try to shut it down.
  I have more to say about that, and I will speak more about it at 
another time. It is about farming and it is about agriculture and using 
food as a weapon, which is fundamentally immoral. This country is above 
that.
  But today, this is about this man. It is not about a big policy. It 
is about this man. Can this man see his kids? Can Carlos Lazo--who 
fought for this country in Iraq, who risked his life in Iraq, who 
earned a Bronze Star and was celebrated and honored by his country--
will he be allowed by his country to go see his kids?
  It is unbelievable. Every time I hear another chapter of this book of 
absurdity coming from this administration with respect to their 
obsession about Cuba, I wonder, Where does it stop? The reason I have 
taken the floor this morning is because this young soldier came to see 
me the other day and said: Can you help? If logic does not help maybe--
maybe--embarrassment will.
  Perhaps the administration will be sufficiently embarrassed. They 
were not embarrassed enough to stop trying to find a young woman who 
was distributing free Bibles in Cuba. Perhaps they will be embarrassed 
by trying to prevent this young man from seeing his children--a young 
man this administration certainly would honor as someone who has done 
heroic things for his country.
  I am going to call the State Department today. I am going to call the 
White House today. I am going to call the Treasury Department today. 
They will all have the letter I sent. My hope is, they will finally 
find a way to say yes, it is the right decision, it is the right thing 
for this country to do.
  I am here talking about Carlos Lazo, but ultimately this issue is not 
just about Carlos. I hope I can solve this for

[[Page 14139]]

Carlos. But it is about the broader issue of the administration 
deciding we are going to injure Fidel Castro by restricting the right 
of the American people to travel.
  It makes no sense at all. My hope is there may be a few other Members 
of the Senate who would be willing to speak out about this absurdity. I 
hope there are a few who are as offended as I am and will decide to 
again do the right thing.
  I will report to my colleagues later today about the response of the 
State Department, the White House, and the Treasury Department to see 
whether they will honor this young soldier, not just by his Bronze 
medal for heroism on the battlefield but by allowing him to exercise 
the freedom any American ought to have to see his child.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. Mr. President, the Senate is embarking on the 
appropriations process for the year 2006. I think it is important that 
we start this process by looking at where we are. What concerns me 
greatly is the fact that we are less than honest with the American 
people about where we really are today. In fact, if you talk to the 
General Accounting Office, if you talk to economists worldwide, if you 
talk to economists here, we are on an unsustainable course in terms of 
our fiscal discipline.
  This chart shows the real numbers for the next few years in terms of 
what the deficit is. Washington is notorious about fudging the numbers 
in terms of our obligations. The deficits that are listed coming 
forward through the next 5 years include the off-budget deficit but 
also the money we are stealing from Social Security, as well as the 
money we are stealing from other trust funds, which brings us to a true 
deficit this year that is going to be about $541 billion. If we divide 
that $541 billion in deficit by 300 million Americans, and we have less 
than that, it comes very close to $2,000 per man, woman, and child that 
we are spending for money we don't have.
  The appropriation process, as well as the budget process, becomes 
important. In 2004, there were 131,000 taxpayers. Our population by 
next year is supposed to be somewhere around 300 million. The publicly 
held debt, not privately held, was almost $5 trillion. Based on 
individuals, the publicly held debt per man, woman, and child, is 
around $16,000. As we can see the course, by the year 2035, if we don't 
massively change the way this country operates, the individual publicly 
held debt will be in excess of $220,000 per man, woman, and child. If 
you divide that by taxpayers, the people who are paying taxes, it comes 
up to $470,000 per taxpayer.
  This year, as a percent of all the Government is going to spend, 7.5 
percent is for interest alone on the national debt. If we look at that 
portion of the debt that we have some control over, outside of Medicare 
and Social Security, that percentage of spending is 18.5 percent. In 
other words, $1 out of every $5 that the Government spends today is to 
be spent on interest, paying for things that we have spent before that 
we didn't have the money to pay for. So we are digging a hole deeper 
than we can imagine.
  The first principle has to be honesty about where we are. Honestly, 
this year we are at $2,000 per man, woman, and child in spending money 
that we don't have, which means we are going to borrow it, which means 
we are going to pay interest on that. Then, next year, we are going to 
have $500 billion and then, sooner, the trend line is down, but it is 
not down fast enough for us to get out of the hole.
  The reason I bring this up is the appropriations process is where we 
have a chance to do a small amount of good to bring this down faster. 
This first bill on Interior is a good bill in terms of what it spends 
compared to last year. But it is important that we bring up some 
provisions that are in the bill that if, in fact, we are in debt, if 
you personally find yourself in this kind of debt, 25 percent of the 
money you are going to spend you don't have and you are going to borrow 
it, would you be spending money on buying more land, building new 
reception centers, adding things that are not necessary for us to 
function?
  I praise the authors of the bill in terms of keeping within the 
budget caps. They have done a good job of that. But I have some 
questions. For example, we are going to spend $162 million that we 
don't have to buy land--that is for the cost of the land--another $25 
or $30 million to get that done, then another $25 or $30 million on 
that land every year hence forward to take care of it, let alone the 
fact that we are taking that land off the public tax rolls. We are 
diminishing the taxes that will go to the States from that land, and we 
are absorbing them. If we personalized this, would we be doing these 
types of things in a budget and financial situation in which we find 
ourselves borrowing 25 percent of our budget?
  More importantly, what is the consequence if we continue to do so? 
The consequence is that our children and grandchildren end up with a 
standard of living far below ours. The heritage of our great country 
has been sacrifice by the generations before to create opportunities 
and prosperity for the generations that are coming. We are about to 
become the first generation of Americans to not leave that promise for 
the next generation.
  David Walker, Comptroller General of the United States, has written a 
book everybody ought to read. It is called ``Saving our Nation's 
Future.'' He outlines the unsustainable course this Nation is on in 
terms of our spending. Quite frankly, we don't seem to have the 
discipline, No. 1, to recognize the gravity of the situation in which 
we find ourselves, the fact that we are going to lay on our children a 
debt from which they cannot get out.
  This is what we can control. This doesn't talk about the unfunded 
liabilities associated with Social Security, which are rising $700 
billion a year, and yet we are not doing anything to fix; the unfunded 
liability of over $35 trillion with Medicare which we are doing nothing 
to fix, the $8 to $10 trillion cost of Medicare D, a brand new benefit 
that we don't have any resources to pay for except by stealing it from 
the future of our children. We fail to grasp the gravity of the 
situation and the long-term consequences of our inaction today.
  I will be offering several amendments over the next 2 days that the 
Senate is in session, not from a critical point of view but from a 
commonsense point of view. We have $92 million sitting in accounts now 
to buy land. We are going to make a decision to add another $160 
million, while we borrow $541 billion and charge to it our children? We 
are worse than any credit card addict ever was. There are no 
consequences for us. We pay no consequences. But the children and the 
grandchildren are going to pay a severe price for our lack of fiscal 
discipline, our lack of long-term vision about what our actions are 
today.
  If we had to, there is no question, across every appropriations bill 
we have, we could find 10 or 12 or 15 percent that is not absolutely 
necessary to be spent. The contrast isn't about whether or not we spend 
the money. It is about where the money comes from and who is paying for 
it.
  Of all the issues the Senate will discuss--we will talk about all 
sorts of social issues, and we will talk about the ethics of it and the 
morals of it--none of them compares to the immorality of putting our 
children and grandchildren in debtor's prison. That is what we are 
doing. We need to be talking individually about things that don't have 
to get done today, that can be deferred for the future, and saving that 
money today so that we don't compound the debt for our children.
  Mr. DORGAN. I wonder if the Senator will yield for a question.
  Mr. COBURN. I am happy to yield.
  Mr. DORGAN. First of all, the chart the Senator uses about deficits 
and accumulated debt, he describes something that is very real, that is 
a threat to this country's long-term economic future. There is no 
question about that. I have spoken about it with respect to both the 
fiscal policy of this country and our trade policy. Our trade policy 
has created the largest debt in the history of the country by far. I 
wanted to

[[Page 14140]]

mention that the House of Representatives approved legislation for 
another $45 billion in an emergency supplemental. That comes on the 
heels of the $81 billion we approved. The Senate is going to approve 
the requested emergency supplemental because we are going to restore 
the funds that the Pentagon says they need to prosecute the war in 
Iraq.
  But it is interesting, for the $81 billion that we just passed, $45 
billion which now comes on the heels of that, not a penny of it is paid 
for. The administration keeps saying--and these are big numbers--we 
have to pay for that which we are doing, and we need to restore these 
accounts to the U.S. Army. All of us say, yes, we not going to send 
soldiers to do a job and not provide the funds necessary. But I ask the 
Senator: Does he agree with me that it is bizarre, to say the least, to 
send the soldiers to Iraq and then say: By the way, when we pay for all 
this, let's not ask anybody to pay taxes to do it. Let's just have 
these soldiers pay the debt when they come back.
  It is unbelievable. There are spending cuts the Senator likely will 
propose that are meritorious. I think he has pointed out at the start 
of his presentation correctly, this appropriations bill cuts one-half 
of a billion dollars below the previous year's expenditure. But the big 
issue around here is the massive amount of money being requested on an 
emergency basis so that it doesn't have to be paid for and it adds to 
the Federal debt. And then the soldiers can come home and help pay 
that. I believe that is unfair. I ask the Senator from Oklahoma to 
respond, from his perspective, about that.
  Mr. COBURN. First of all, the $81-billion supplemental that this body 
passed, I had an amendment to cut $19 billion out of that because it is 
not going to be spent for the next 3 years. So there is no way you can 
call that an emergency. One amendment on limiting the expenditures on 
the embassy, we got 44 votes. Fifty-five people thought it was OK. The 
fact is, we are at war. We seem to forget that. In every war this 
country has ever had, the Congress trimmed discretionary spending 
massively to fund the war. We have decided we will not do that. We have 
decided we can continue. There is no question good work was done to cut 
a half-billion dollars out of this bill. The question the American 
people ought to be asking is, is everything that is in this bill 
necessary now in light of the fact that any money we spend we are going 
to charge to our grandchildren?
  We are going to charge the unpaid interest over the next 30 years 
because we have no history of paying back our debts. So by the time you 
compound the interest costs of this $540 billion, now with some $40 
billion on top of it $588 billion is the number it will become--what is 
the real cost?
  The real cost is no college education for the generation 2 years from 
now, no homeownership 2 years from now, decreased investment in capital 
goods for productivity and scientific advancement, decreased investment 
in education and competition in the world. That is the cost. That is 
what will be the cost of our inaction to protect the future for our 
children by not trimming every absolute penny we need to spend from 
this bill.
  The question should be: Can we cut more? Is it wrong for us not to 
cut more, in light of the fact that we are having to borrow? Whether we 
borrow it for this or for the war or we borrow it for interest, the 
fact is, we are borrowing it.
  And 18 cents out of every dollar we are going to spend this year in 
discretionary is going to pay interest on our lack of fiscal discipline 
from the past. We ought to be about raising the level--we ought to be 
honest with the American people. They have no idea. They hear $350 
billion, but it is not $350 billion; it is almost double that. Let's be 
honest about the real cost. Let's be honest about what the real 
problems are that will come, and they are going to come to our children 
and our grandchildren.
  This body has a history, since it was first formed, of thinking in 
the long term, thinking about the next generation. Unfortunately, 
Congress as a whole has changed its direction of thinking too often to 
think about the next election, rather than the next generation. In 
every appropriations bill that comes before this body, I am going to be 
down here talking about the lack of our foresight in thinking about our 
children and our grandchildren.
  Mr. DORGAN. Will the Senator yield?
  Mr. COBURN. Yes.
  Mr. DORGAN. First, I appreciate his generosity in yielding. It would 
be interesting for us to have a discussion at some point about the 
economy and fiscal policy. I think we are wildly off track. Maybe the 
Senator from Oklahoma and I agree on that point. I will make a couple 
of observations, if I might. No. 1, the Senator suggested that we have 
never paid down the debt. In the late 1990s, we had a fiscal policy 
that generated revenue by which we began to reduce the debt.
  Mr. COBURN. Mr. President, we did pay off some Treasury bills. But 
the way you know when we pay down our debt is to look at our total debt 
and whether it declined at the time we did that. It did not. The total 
debt of the country rose every year we were paying that off. We still 
had a deficit. We were stealing from trust funds such as the inland 
waterway trust funds--that is publicly held debt. We transferred that.
  So the true debt of the country has not declined since 1972. Even 
though we were in a period of great times, we spent it all; we didn't 
pay it down. We actually spent it, and the actual debt of the country 
rose during the time when everybody in Washington said we were in 
surplus.
  Mr. DORGAN. If the Senator will yield further.
  Mr. COBURN. Yes.
  Mr. DORGAN. Of course, the issue of whether our fiscal policy is 
different now than then is not at odds or not in question. At that 
point, I know the Federal Reserve Board and others, including the 
President, all talked about debt held by the public versus total debt. 
In fact, our fiscal policy at that point was dramatically different 
than it is now. We were headed in the right direction.
  Let me make this point. It is, in my judgment, a service to the 
Congress for someone to look at every appropriations bill and say, 
where can we trim? Where can we get into a position of not spending 
money we should not be spending? That is a service to the Congress. I 
think it is important to understand that we cannot look at the mouse in 
the corner when a lion is at the door. We cut a half billion dollars 
out of this subcommittee from last year's spending. So those are real 
cuts. We could do that for 90 years, every single year, and at that 
point we will just meet the $45 billion that is coming our way in an 
emergency supplemental, none of which is paid for.
  Do you understand what I am saying? This would be over $200 billion 
now sent to us by the administration, saying we have to increase these 
expenditures and we ask you to do it, Congress, but we are not going to 
pay for it. We will add it to the debt.
  In addition to that, the highest priority, of course, is to eliminate 
a tax that doesn't exist--the death tax, the tax on inherited wealth, 
making the tax cuts permanent, which would benefit upper-income folks. 
Let's trim everything, but let's especially--and I will work with the 
Senator from Oklahoma on this--worry about the big ones. The big one 
that is coming--and I voted with the Senator on the embassy amendment--
is the $45 billion. It is headed our way; it is a big deal. Should we 
be paying for that? Should the President suggest--as most have whenever 
we have been at war--that perhaps all of America, not just the 
soldiers, has some responsibility to contribute? But not under this 
circumstance. This President says no, no, give me an emergency 
designation so we can spend it and it doesn't count. It counts on the 
chart of the Senator from Oklahoma. It counts in terms of lost 
opportunity for our children and grandchildren.
  This burden doesn't belong just to one political party. I agree. I am 
saying that, in my judgment, we are off track. This fiscal policy 
doesn't add up.

[[Page 14141]]

And what is being requested of us by the President is to have all our 
soldiers sacrifice but none of us sacrifice.
  Mr. COBURN. Mr. President, reclaiming my time----
  The PRESIDING OFFICER. The Chair feels compelled to state that 
yielding is for the purpose of a question, if the Senators would 
remember that.
  Mr. COBURN. The important thing to remember--and there is some merit 
in the words of the Senator from North Dakota--is from 2000 to 2004, 
this body increased discretionary spending by 39 percent. We were not 
in a war as we did that. We increased discretionary spending across all 
accounts, in every appropriations bill in that period of time. We 
entered a recession. Did the spending decrease? No, it continued.
  The tax cuts were meant to stimulate the economy. The fact is, there 
is no discipline. There will not be any great argument on the tax side 
with me. But there is no discipline within the body of Congress to trim 
spending. What was the Interior Appropriations bill in the year 2000? 
It was 35 percent less than it is today. Yet, we are proud that we take 
1.7 percent away? It is a good accomplishment. It is almost unheard of 
in the last 15 years in Congress. But the fact is, it already grew 
almost 40 percent. So what we are doing is taking away from a much 
larger pie.
  My point is that we do a disservice to this country if we fail to 
recognize we have an obligation to think long term, and a half billion 
dollar cut is a great start, but it is not near enough, as the Senator 
said. We need to cut across the board. Do you think we cannot find 10-
percent savings in the Pentagon? We are holding oversight hearings. 
They spent a billion dollars on a travel system that should have cost 
$20 million.
  There is no oversight with which to go after the waste, fraud, and 
abuse within the Federal Government. We are more interested in passing 
the next bill than doing the hard work of oversight to see where the 
waste, fraud, and abuse is. We are going to do that. We have a Federal 
financial management committee. We have an ATP program. It is nothing 
but corporate welfare. We are going to spend $120 million on that and 
we are going to give $120 million to GE, IBM, and Chrysler to do 
research they are going to do otherwise. Yet we cannot get anybody to 
help us cut that out. The House cuts it out, but this body won't cut it 
out.
  The point is, there is a large need for the constituencies in this 
country to start holding us accountable for the spending increases. If 
the American public would go through this report language, they would 
be appalled that in a time of war we think it is fine to build new 
visitor centers all across this country. Remember, we are going to ask 
our grandchildren to pay for it--about four times what it actually 
costs. There has to be the start of some fiscal discipline that says we 
cannot afford to do that now, period. It is a good idea, but we cannot 
steal from our children anymore. And throughout this bill are multiple 
instances like that, which we could wait on. But we don't wait because 
the next election is more important than the next generation.
  With that, I say to the American public we are going to be offering 
several amendments. I doubt they will pass. But their intent is to 
start making a beginning in trimming and getting us into line, where we 
need to be--not for us, not for our political future, but for the 
future of our children and grandchildren.
  I admit to my friend from North Dakota that part of that--the tax 
policy--is important. But you cannot just look at one side of it. The 
stimulative policy of tax cuts was important to get this country out of 
recession. But while we were doing that, this body and the other body 
increased the discretionary spending in this country by 40 percent. And 
we cannot afford that. We cannot be proud, even though it is a good 
start. We should not be proud we cut a half billion dollars from this, 
when this whole thing was less than $20 billion in 2000. We could go 
through, if we wanted to care about our children and grandchildren, and 
cut 10 percent out of every agency. We don't have anybody here with 
courage who is willing to make the hard decisions to do that, because 
in the short run it hurts; in the long run, it is healthy.
  The PRESIDING OFFICER. The Senator from North Dakota is recognized.
  Mr. DORGAN. Mr. President, I was thinking of asking unanimous consent 
so that each time I take the floor it would be assumed that I frame my 
comments preceded by ``don't you agree'' to satisfy the quaint rules of 
the Senate with respect to asking a question. I will refrain from that 
and when asking my colleague to yield the next time, I will say ``don't 
you agree'' before I give my speech.
  My colleague does a service. I don't disagree with him. I think we 
ought to be tightfisted; we spend money on things we should not spend 
money on. We are getting huge blocks of funding requests coming in our 
direction by the administration calling it ``emergency funding.'' We 
have had almost $200 billion worth, and another $45 billion is coming 
now. They say, don't pay for it, don't worry about it. We will declare 
it an emergency and we won't count it.
  Mr. COBURN. Mr. President, the question I have for the Senator is, 
does that request not come from the Appropriations Committee?
  Mr. DORGAN. Yes.
  Mr. COBURN. Therefore, it comes to the floor, does it not, with the 
recommendation of the Appropriations Committee? So we are equal 
partners in asking for that money. It is not just the administration.
  Mr. DORGAN. Absolutely. No question about that. And the control of 
Congress is of the same political party as the White House, and there 
is no interest in having a discussion about whether we should pay for 
that which we are spending in Iraq. The administration decided we are 
going to simply declare it an emergency, add it to the national debt, 
and let somebody else pay for it.
  That doesn't happen in most wars. Usually, the leadership says here 
is why we have to spend this, and it is a national purpose. But we are 
going to ask the soldiers to represent the country and let's find a way 
to do it.
  I will make this point. The Senator says we have some mutual 
responses. No question. On one of the early tranches of appropriations 
to replenish these accounts, there was a vote on the floor of the 
Senate to pay for some of it. But the Congress, as he knows, is not of 
a mind to do that, when the President says he doesn't want to. You can 
dramatically cut spending or increase some revenue. It would be 
interesting to see if the administration would be interested in sitting 
down with the Congress to talk about whether we even should pay for it 
because the administration thinks we should. It would be interesting if 
we had a sit-down discussion about how to pay for it.
  I happen to think that would be useful for the country. I would like 
us to do that. I think this country has a fiscal policy that is 
dramatically off track. I don't diminish the tax side as much as my 
friend does. About two-thirds of the current deficit comes from reduced 
revenue. We are at a lower revenue of GDP than we have been for a long 
time. Most of that came from the tax cut, and most of it didn't benefit 
people that I represent, by the way. Making the rich richer doesn't 
benefit everybody. The President says extend all of the tax cuts, which 
is a substantial amount of money and lost resources, and let's repeal 
the death tax, which doesn't exist.
  We should have a long discussion. I think our country deserves a 
fiscal policy grounded in fact and good thought about the future. My 
colleague from Oklahoma does a service by coming to the floor to talk 
about those red lines on that chart. I feel strongly about them, not 
just in fiscal policy but also trade policy. I hope at some point all 
of us could decide this is a crisis. There is an urgency here and we 
should work together on that basis.
  If my colleague wishes me to yield further, I am happy to do that.
  Mr. COBURN. Yes. If you took the whole cost of the war today, it is 
less than half of this. The whole cost of the war is less than half of 
this, thus far. The fact is, tax policy aside, we could

[[Page 14142]]

even agree on it--there is no question that $1 out of every $3 is 
either wasted, inefficient, or defrauded in the Federal Government. 
That has been said by the Grace Commission and the Comptroller General 
of the country, in terms of us failing to do the oversight. So we can 
raise taxes, I believe, as a consequence of that. Would the Senator 
agree that if in fact we held the spending level--no increase in 
spending--and worked toward efficiency in the Federal agencies, could 
we not accomplish a great deal and still stimulate the economy?
  Mr. DORGAN. The Grace Commission has long since been discredited. I 
will not go into the recommendations, some of which were adopted but 
many of which were absurd. That is a 20-year-old debate. Let's assume 
for the moment there was no increase in spending of any type. That 
would represent a huge problem for the poorest of the poor who get 
medical care from Medicaid.
  As you know, health care costs are rising dramatically, not having to 
do with much that is happening in this Chamber. Nonetheless, there is 
substantial increase in health care costs every year. If you said to 
the poorest of the poor, everybody else is going to get health care, 
but we are going to freeze health care funding for you, I am sorry, 
they would be in big trouble.
  We also have more people every month becoming eligible for Medicare. 
The fact is, we have a rising Medicare population. Every single month 
more and more people hit the Medicare rolls. With increased medical 
costs and more people being eligible, does Medicare cost more? Of 
course, it does. People are living longer, better lives.
  I have spoken at great length on the floor of the Senate about my 
Uncle Harold. My Uncle Harold is 84 years old now, and he is a runner. 
He has 43 Gold Medals. He is a 400-meter specialist in the Senior 
Olympics. My aunt thinks he is half goofy. He is always off running 
road races. He runs the 400-meter and runs faster than anybody his age.
  It used to be when you reached 80, you found a Lazy Boy and you just 
sat in the house until you died. You were old and you had a right to 
act old. Now people are living longer, active lives.
  That puts a strain on Medicare. More people are living longer, so 
they hit the Medicare rolls. Health care costs are up very 
substantially, double digits in many cases. So we bear the burden of 
that on the spending side.
  If we were to decide tomorrow we are not going to spend a penny above 
last year, all you say to poor people on Medicaid is: Sorry, you are 
out of luck. You are going to have less health care.
  My colleague from Colorado is a very interesting Senator. We do not 
know each other very well. He just arrived in the Senate in January. I 
am looking forward to getting to know him. I am sure I will.
  I hope we can have further discussions about the economy. I do not 
dismiss quite as quickly, as I think my colleague was trying to do, the 
fact that when you decide to have large tax cuts mostly to benefit the 
wealthiest of the wealthy in this country that you have an enormous 
consequence on the revenue side that therefore causes a substantial 
amount of that red bar on that chart, and one-half to two-thirds, at 
the moment, of the current deficit is because of less revenue because 
of the tax cuts. I know the minute I started talking about maybe we 
should pay for the cost of the war, my colleague segued immediately 
into we want to raise taxes.
  I am looking to see a fiscal policy that meets the needs of this 
country. That is a combination of things that are thoughtful and 
interesting that puts us right on track so we can have a future that 
expands opportunity for our children rather than contracts opportunity 
for our children.
  I will be happy to yield one more time. I see my colleague would like 
for me to yield.
  Mr. COBURN. Mr. President, I am trying to think of how to phrase this 
as a question. First, I think my statement was on discretionary 
spending, not mandatory spending in terms of my relationship to an 
increase in spending. I would think the Senator would agree that if, in 
fact, we froze discretionary spending, we would drive efficiency, 
innovation, and productivity among all those agencies. I hope that he 
would agree with that.
  Mr. DORGAN. Mr. President, let me make a final comment. I know we 
have a couple colleagues who want to speak. Frankly, we Senators are 
not much of an audience. We much prefer listening to ourselves than 
others, and we are probably boring them to tears.
  Discretionary spending is very interesting. As the Senator knows, 
what comes from the Appropriations Committee to the floor of the Senate 
is the discretionary spending side. Much of the spending is mandatory. 
The Senator from Oklahoma is correct that health care is mandatory 
spending. We could virtually eliminate the entire discretionary 
spending side and probably still not put this back on track.
  The Senator made a point that I want to emphasize. It is a point on 
which we agree. All these people walk around saying this is what the 
deficit is. That is not what the deficit is. My colleague, Fritz 
Hollings, who used to sit right behind me, talked about this forever. 
For him it was a religion. The number they publish as to the Federal 
budget deficit is total nonsense. That is not what the deficit is. It 
is much higher than that because they are raiding all the trust funds 
to get to that point.
  We will have a longer discussion. I enjoyed this one. This is an 
important issue. There are some issues that are small and unimportant, 
some big, and often the Senate treats the serious issues too lightly 
and the light issues too seriously. In this case, this is a big issue 
and will affect this country for decades to come. We ought to have more 
discussions, both on and off the floor, about how we put America back 
on track.
  Mr. President, I wish to make one final point. This morning's New 
York Times said IBM is cutting their hiring here to hire over there. 
Get rid of American workers, hire workers in India. The first step--not 
the second, third, or fourth step--the first step toward sanity would 
be for everyone in this Chamber to vote the next time I have an 
amendment on the floor--I have done it twice and lost twice--that says 
the first step we ought to do is to decide to stop having tax breaks 
for those who move their American jobs overseas. Stop the American 
public from having to pay for this nonsense.
  We are providing tax cuts to companies that fire their American 
workers and move them to Bangladesh, Sri Lanka, China, or, in this 
case, India. That is absurd.
  I am going to offer that amendment again for a third time, and 
perhaps I will have enough support so we can take the first baby step 
toward sanity in dealing with job loss in this country.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. PRYOR. Mr. President, I ask unanimous consent that I be allowed 
to speak as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          Judicial Compromise

  Mr. PRYOR. Mr. President, I would like to change gears for a few 
moments and talk about something that is also important to this body, 
and that is the judicial compromise that 14 Senators, including myself, 
reached on May 23.
  This agreement, or memorandum of understanding, was signed by seven 
Democrats and seven Republicans. I hope it has helped bring this august 
body back from the brink of what we have called nuclear catastrophe.
  The agreement or compromise on judicial nominees helped prevent the 
so-called nuclear option from occurring. This agreement allowed an up-
or-down vote on several of President Bush's most controversial judicial 
nominations while protecting minority rights in the Senate, as well as 
the checks and balances on which our Government was founded.
  It has been about a month since the agreement was entered into. I 
have had a little bit of time to reflect on some of the things that 
happened leading up to and during that time and since that time. So if 
I may, I would like to take just a few moments to share some thoughts.

[[Page 14143]]

  The first thought I wish to share is that I felt it very important to 
avoid the nuclear option. The reason I say that is because one of the 
great things about this body throughout its history is this body's 
emphasis on protecting the rights of the minority, the rights of those 
who maybe in other places might not have a chance to be heard. But in 
the Senate, given our sense of checks and balances and given our 
history and the way the Founding Fathers established the Senate, the 
voice of the minority can be heard.
  I also think in order to avoid the nuclear winter, if you want to 
continue with the analogy of the nuclear option, after the nuclear 
trigger had been pulled would have been devastating for this body. It 
would have set a terrible precedent and probably what would have 
happened--I could be wrong about this; maybe we will never know--
probably what would have happened is that we would not have gotten 
anything passed in the Senate, with the exception of our appropriations 
bills and a few pieces of emergency legislation. It would have just 
been awful.
  Quite frankly, I know when the people in Arkansas elected me to the 
Senate, they did not elect me to come up here to twiddle my thumbs and 
get into partisan brouhahas. They elected me to get things done for the 
State, the Nation, and the world. In fact, in the last few weeks we 
have been able to work through many issues on the Energy bill--we 
anticipate it will pass next week--and the Transportation bill. There 
are a lot of issues involved. Both those bills still have to go to 
conference and have final passage. Regardless, I wonder if those would 
have been possible had the nuclear option trigger been pulled.
  I also must say that I have been a little disappointed with some of 
the rabid rhetoric by special interests around the country and by 
commentators, maybe statements I have heard on various radio and 
television talk shows. Quite frankly, I think the rhetoric is not 
helpful. I think it is unfair, it is untrue, and I think a lot of it is 
just plain wrong.
  I have heard some people say that the Senators who entered into this 
agreement are sellouts or traitors or they call for retribution. If I 
may say about my 13 colleagues, it took great courage for them to enter 
into this agreement because they knew the political risk they were 
taking, but they also knew they were standing up to try to do the right 
thing.
  One observation I have made about a lot of the people who are 
critical about this agreement is that they do not necessarily want to 
see the Senate get things done, that their agenda is not for 
productivity. Their agenda may be limited to a few narrow issues, and 
they just want those issues emphasized, talked about, with a sort of 
``win at all costs'' mentality.
  One of the great things about the Senate is that it is a place where 
people can come together and find common ground. That has been the 
history of the Senate. We learned from this compromise that good things 
happen when Senators talk to each other.
  One of the lessons I have learned in Washington--I have been here 
about 2\1/2\ years now--is, quite frankly, we spend a lot more time 
talking about each other than we do talking to each other. Hopefully, 
this compromise is an example of when we talk with each other, good 
things can happen and positive things can flow from that.
  In fact, I know a lot of people around the country--I have a few in 
my State of Arkansas--who think that compromise is a dirty word. I just 
cannot disagree more strongly. If we look at the Constitution, the fact 
that we have a bicameral legislature, the fact that we have a Senate 
and a House of Representatives, and the different structure of those 
two, that has always been called the Great Compromise in the 
Constitutional Convention. The fact the Senate even exists today is a 
result of a compromise. The fact that our Government is located in 
Washington, DC, we all know now from history, is the result of a 
compromise. In fact, you can go throughout American history and see 
compromise after compromise where people find common ground and put the 
common good above their private interests or their narrow set of 
interests.
  We have seen that just as recently as this week on the Energy bill. I 
think if you ask all 100 people, they would say this bill is not 
perfect, but it is a compromise, trying to find common ground, trying 
to set national energy policy for the Nation. Compromise can be very 
good.
  I think in this particular compromise, both parties won. It was good 
for the Democrats, and it was good for the Republicans. Both sides had 
to give up something in order to get there. The Senate won, but most 
important of all the American people won because the fact the Senate is 
back in business and we have moved through a number of nominations and 
we already moved through major pieces of legislation and we are 
starting another piece of legislation today is a win-win for the 
American people.
  I have no doubt at all--and this is another observation--that this 
agreement will be tested. I have no doubt people will shake it to see 
how strong it is. It will be scrutinized, and it has been scrutinized. 
There has been a lot of ink spilled over this agreement as to what 
certain phrases mean or how it will be applied, how it will be 
interpreted.
  One thing I found a little humorous, if I may say, during the course 
of the last 30 days, is I have heard a lot of so-called experts talk or 
write, and they try to apply their own definitions to this agreement. 
It seems particularly true for those who disagree with the agreement 
most. They try to define it and refine it and shape it in a way that 
meets with their approval.
  I will run through a couple of items in the agreement. I will try to 
do this very quickly because I know there are other colleagues who are 
very patiently waiting to speak. Sections A and B in the agreement, 
part A states:

       Future Nominations. Signatories will exercise their 
     responsibilities under the Advice and Consent Clause of the 
     United States Constitution in good faith. Nominees should 
     only be filibustered under extraordinary circumstances, and 
     each signatory must use his or her own discretion and 
     judgment in determining whether such circumstances exist.

  Part B states:

       Rule Changes. In light of the spirit and continuing 
     commitments made in this agreement, we commit to oppose the 
     rules changes in the 109th Congress, which we understand to 
     be any amendment to or interpretation of the Rules of the 
     Senate that would force a vote on a judicial nomination by 
     means other than unanimous consent or Rule XXII.

  I will run through a few issues in those phrases, if I may. There are 
two basic questions I get continuously. In fact, I was talking to some 
of the Capitol Hill interns yesterday and the first question out of the 
box, they asked: What are extraordinary circumstances? That is a fair 
question. I get that everywhere I go now.
  The other question I get is: Is the nuclear option off the table for 
the 109th Congress?
  As to the question about extraordinary circumstances, I would say 
this: The 14 Senators sat down in many of our offices for days on end, 
hours and hours of meetings and discussions and one might say 
negotiations. We would look each other in the eye. We understand how 
important this is and we have a strong sense of where our other 13 
colleagues are coming from. Extraordinary circumstances will not be 
defined by outside groups. With all due respect to the leaders and even 
the other Senators who are not part of this, it will not be defined by 
our leaders or by our colleagues.
  Extraordinary circumstances means exactly what it says in the 
agreement. We will use our discretion and our judgment in making that 
determination. In fact, I would say all 100 Senators, when they were 
sent to Congress by their 50 States, the voters in those States expect 
their Senators to use their discretion and judgment in everything we 
do. This is no different. All 14 of us are very committed to doing that 
and using our discretion and judgment.
  I think I can speak for the group that we all hope we do not have to 
deal with extraordinary circumstances, but in the event we do, we trust 
each other. I think that is the bottom line on this agreement. This 
agreement is one that is based on trust.

[[Page 14144]]

  So when we are asked about extraordinary circumstances or when we are 
asked about is the nuclear option off the table, the bottom line we 
will keep coming back to is trust. We trust each other. The 14 of us 
have built that level of trust through this process and we are 
committed to doing our dead level best to try and make this agreement 
work.
  The answer to the second question, is the nuclear option off the 
table for the 109th Congress, I would say, yes, it is because it is 
based on trust. During the negotiations and ever since the negotiations 
have concluded and to this very point today, we have proceeded in good 
faith. The Democrats have had to make some hard votes on some of these 
judges who had not received up-or-down votes before and we have done 
that. I think some of the Republican signatories will acknowledge that 
it was very hard for some of the Democrats to do what we have done on 
some of these judicial nominations.
  At the same time, we trust our Republican colleagues, our Republican 
signatories to this agreement, to act in good faith in the future. This 
is based on trust. I am proud of my colleagues. I am proud I was able 
to be part of this agreement.
  Let me talk about one more section. I know I have colleagues waiting 
to speak so I will try to be very brief. But after part II, sections A 
and B, there is another section that deals with advice and consent. As 
everyone now knows, this language was agreed to, but it was really 
hammered out by Senator Robert Byrd and Senator John Warner, two great 
statesmen we have in the Senate.
  The language states:

       We believe that, under Article II, Section 2, of the United 
     States Constitution, the word ``Advice'' speaks to 
     consultation between the Senate and the President with regard 
     to the use of the President's power to make nominations. We 
     encourage the executive branch of government to consult with 
     members of the Senate, both Democratic and Republican, prior 
     to submitting a judicial nomination to the Senate for 
     consideration.

  Such a return to the early practices of our government may serve to 
reduce the rancor that unfortunately accompanies the advice and consent 
process in the Senate. Again, Senator Byrd and Senator Warner deserve a 
lot of credit for the phrasing of this language. I think this language 
is exactly right. I think when the Constitution says advice and 
consent, the Founding Fathers meant what they said, advice and consent.
  Oftentimes we talk about consent, but the word ``advice'' gets 
overlooked. I would hope that every President would seek the Senate's 
advice on nominations. I think not only is it required in the 
Constitution, but it is smart and it shows good judgment by the 
President.
  I also think if Presidents would do this, a lot of this rancor would 
go away and a lot of the nomination process for these folks would get 
much smoother. I have not been around the Senate very long, about 2\1/
2\ years, but I did in some ways grow up around the Senate. One of the 
things I have seen over the years that has changed is there used to be 
much more bipartisan cooperation.
  In fact, I think the people in my State--I cannot speak for people 
all over the country, but I have a clear sense from people in my State 
that they are sick and tired of the partisan bickering in Washington. 
They want us to work together. They elect us to work together. They 
expect us to do that. That is their hope, because we all know, they all 
know, that for us to get things done in Washington we have to work 
together.
  I am hoping this agreement is an important step in doing that. That 
is not just true within this body--and, by the way, if I can 
editorialize for one moment, I would say we need to be very clear. Both 
parties are to blame for the partisan rancor. It is not limited to one 
side or the other. When it comes to judicial nominations, the Senate 
shares some responsibility and the President shares responsibility, not 
just this President but previous Presidents and previous 
administrations, Democrats and Republicans. We all share some of the 
blame, we should all own up to that responsibility, and we should all 
do our best to make it better.
  Maybe back in the old days the President might call a few Senators 
over to the White House and say, hey, let's have a drink and let's talk 
about this. I am not going to make a recommendation on the having a 
drink part, but I do want to strongly encourage the President to invite 
Members of the Senate over to talk about upcoming judicial nominations. 
I hope he will not just talk to one or two. I hope he does not just 
talk to members of his party. I hope he will talk to a number of 
Senators about nominations. I think it is very important.
  The last thing I wanted to say is I cannot speak for my 13 
colleagues, but I think if one asks all 14 of us, we would want to be 
very clear on one point, and that is when we entered into the 
agreement, we in no way, shape, or form wanted to become a rump 
Judiciary Committee. We do not want to do that. We do not want that 
role. I am speaking for myself here, but I think one could ask my 13 
colleagues. We do not see ourselves as having any veto power or any 
unique role now in judicial nominations. I would hope very strongly 
that the Senate Judiciary Committee would continue to be the place in 
the normal process these nominations go through. I have a ton of 
respect for Senators Arlen Specter and Senator Patrick Leahy. They are 
great leaders. They are great Americans. They do yeoman's work in the 
Senate Judiciary Committee. I would hope those two would be the first 
two the President would consult.
  Quite frankly, I wish they would consult with John Warner and Robert 
Byrd because I think those two add a lot. Certainly I would hope the 
White House would talk to all members of the Judiciary Committee and 
the home State Senators before these nominations are made. I think 
that, again, is a way for us to tone down the rhetoric and to provide a 
smoother course for these nominations to get through.
  I cannot predict the future, but I do know what it has been like 
around here in the past. I think things have gotten a little bit better 
in the last 30 days since we entered into this agreement. I am so proud 
of my colleagues that sensible voices have come to the floor. We have 
found common ground on judicial nominations. I am not sure there has 
been a more contentious issue since I have been in the Senate. If we 
can work that out, we hope that is a good sign for the American people 
that we can work out a lot of things.
  Our compromise shows there is still a spirit of trust and 
bipartisanship in this body, and I hope we can foster that and move it 
forward.
  I thank my 13 colleagues who entered into this agreement. I know many 
of them showed great courage when they did it. Many of them have been 
heavily criticized for doing it, but I am convinced it is the right 
thing to do. I am proud we did it and I hope it provides us a model for 
how we can move forward and try to find common ground in the future on 
a whole variety of issues. I am not saying the 14 should get back 
together on every single issue, but I hope it shows that Members of the 
Senate will continue to reach across the aisle, find that common 
ground. Just as we heard a few moments ago with the Senator from 
Oklahoma and the Senator from North Dakota, they may come out in the 
process at different places, but it is great to hear that dialogue 
where they can hash out ideas and try to get things done and try to do 
the right thing for this country.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Colorado.
  Mr. ALLARD. Mr. President, I will get back on the subject of the 
Interior appropriations bill, if I might. I start out my comments by 
thanking Senator Burns, my good friend and colleague from Montana, 
chairman of the Interior Appropriations Subcommittee, and the ranking 
member, Senator Dorgan, and their staffs for the hard work that went 
into this bill. We all knew this was not going to be an easy process 
this year because it is a tough budget year and difficult adjustments 
had to be made.
  I respect the President and his effort to try and hold down Federal 
spending. Senator Burns and I, who both serve on the Budget Committee, 
understand

[[Page 14145]]

the importance of trying to bring some fiscal sanity to the process. I 
do respect many of the comments my colleague from Oklahoma made on the 
floor. The only comment I have is that the time to have made many of 
those points is when the budget itself was before us. When the budget 
was before us, we had an opportunity to hold down spending. Many of us 
were disappointed at the level of spending that ended up being 
reflected out of the budget proposal, but I do want to commend Senator 
Burns and his staff for staying within the 302(b) allocation, or the 
amount of money that was allocated through the budget to the 
Appropriations Committee, that eventually was reflected in the total 
amount of spending in this bill. So from my point of view, I found the 
chairman of the Interior Appropriations Subcommittee to be very 
responsible and diligent in his duties. I, for one, am very 
appreciative of that.
  As I mentioned earlier, I respect what the President was trying to do 
to hold down spending. Some of the cuts he put forward, I strongly 
support. Some of them I have a disagreement with, and some of those 
disagreements are reflected in this particular legislation.
  To give a little historical background, when the State of Colorado 
joined the Union in 1876, we were known as the Centennial State because 
we came in 100 years after our independence in 1776. Our first Senator, 
Senator Teller, was one of two Senators who assumed his duties and 
then, after his second term, became Secretary of the Interior. He 
became known eventually as the representative of the entire West 
because a lot of States were still territories. The jurisdiction of the 
territories fell under the Department of the Interior. So, 
historically, the programs in the Interior Department have been very 
important to States in the West. Colorado is no exception to that.
  If we look at today's figures, the Federal Government owns 
approximately 24 million acres in Colorado. That is 34 percent of the 
total State lands. All told, about 60 percent of all the lands in the 
State of Colorado are owned by public entities--whether it is the 
Federal Government with its 34-percent share, or State and local lands 
which are owned by school districts in the State, as well as State 
parks and local parks and that type of thing. So, like other Western 
States, the Interior appropriations bill becomes very important.
  If we contrast that with the State of Indiana, which is made up of 
less than 23 million acres, then the Members of Congress begin to 
appreciate the real significance of Federal lands in States such as 
Colorado. Only eight States, all in the West, have a higher percentage 
of Federal land ownership than the State of Colorado. This is important 
when we get to programs like the PILT Program, which means Payments In 
Lieu of Taxes. This is a program very important to the State of 
Colorado, as it is to many Western States. Payments In Lieu of Taxes is 
designed to help prevent property tax imbalance.
  The Federal Government does not pay property taxes. So we have come 
up with this program called PILT, or Payments In Lieu of Taxes. The 
program helps those local governments whose property tax bases have 
been impacted because of Federal agencies, and helps to fund the 
services that they provide to their communities. This is an area where 
the President had suggested a reduction in funding.
  I support the committee action in this bill to restore those dollars. 
The PILT funding in this bill is $235 million, $35 million above the 
amount of the President's budget request and $8.2 million more than 
last year's level. But the chairman was able to do this and stay within 
the budget numbers that were allocated to this committee.
  Let me say a little bit more about the PILT Programs. These dollars 
go to the States, but what they help pay for primarily is education 
because in the Western States so much of the property tax goes to 
education. For example, in the State of Colorado a good share of 
educational effort is paid by the local property taxes. There are some 
Federal dollars and some State dollars that go in and match in with the 
local dollars, but basically education is a local program. So if you 
want to have a strong educational program, particularly in the rural 
areas of Colorado, this is an important program.
  Why shouldn't the Federal Government do its fair share? If they are 
using the resources of the communities in the States in which the 
Federal Government is doing business and costing those taxpayers money 
because of their presence, I think they owe those States, and those 
counties and local governments, their fair share of the property tax 
burden.
  Another important program funded through the Interior appropriations 
bill is the Bureau of Land Management Oil and Gas Management Office. 
This is the office that is responsible for the leasing and permitting 
of onshore oil and gas wells. Throughout the West, there are very long 
delays in processing these permits, solely because the Bureau of Land 
Management lacks the staff to do it.
  I have been told that each month of delay getting these wells on the 
line means that 28 million cubic feet of gas is not reaching the 
market. I believe that is critical. It is important to the Western 
States, but it is critical to the overall good of this country. Again, 
I commend the chairman for seeing the need and addressing the issue in 
this particular bill. But it concerns me when one considers the 
constrained supply and high prices all of our constituents are facing. 
So I am hopeful that down the line, we will be able to find some 
additional funding for these activities.
  A program that is new to the Interior appropriations bill this year 
is the State and Tribal Assistance Grant Program, often called STAG. 
Just over $2.5 million in STAG funds will be going to Colorado. The 
nice thing about this program is that it is based on grants, so for 
those communities that have true needs, that money is going to be 
available to them.
  This program helps communities around the country fund upgrades to 
their drinking water treatment systems. It is especially important to 
small communities that have severely aging infrastructure and are 
disproportionately impacted by increases in requirements and water 
standards. We have gone through a recent change in water standards that 
is having a disproportionate impact on some of the smaller communities 
that I represent in the State of Colorado.
  I would also mention a number of projects that are funded throughout 
this bill that are important to me and to the State of Colorado. These 
projects are not locale-designated projects. In other words, not one 
community or one county necessarily benefits, but they do tend to 
benefit a larger geographical area. As I go through these, I think you 
will begin to understand what I am trying to accomplish.
  We get a lot of requests as Members of the Senate from specific 
cities and specific counties wanting projects designated specifically 
for their area. But I have tried to keep these generally spread out 
because then the entire State of Colorado benefits. There are a lot of 
needs out there.
  We set aside some money for the High Elk Corridor. It is a migration 
route for elk, and it is important in central Colorado, so we have set 
some money aside for that. The Platte River fish recovery project--this 
is for the entire drainage system of the south Platte and also the 
north Platte. It affects, actually, more States than just Colorado. It 
is an attempt to restore endangered species within the drainage system 
so the Endangered Species Act doesn't come into play in a way that 
impacts property rights, which is a very important issue as far as 
Western States are concerned.
  I also have some money here for the Upper Colorado Fish Recovery 
Program. This is the Colorado River drainage system. Not only does it 
help the State of Colorado, but other States that are on the Colorado 
River, because we are trying to sustain an endangered fish population 
in that river system so that our water users do not get 
disproportionately impacted.

[[Page 14146]]

  We have some money in there to complete a conservation easement on 
the Banded Peaks Ranch, and funds for the Colorado Canyons conservation 
area. We want to help sustain the conservation efforts there.
  It is projects such as these that benefit the public as a whole, and 
I am pleased we were able to secure funding for them.
  Finally, before closing, I again thank the full committee chairman 
and ranking member, Senators Cochran and Byrd, and the majority and 
minority leader for bringing this bill to the floor so quickly. Again, 
I also recognize the diligent effort by Senator Burns and his ranking 
member, Senator Dorgan. This is the first appropriations bill we have 
up on the Senate floor this year. It reflects their hard work and 
commitment to getting us through this session in a timely way.
  I believe it is very important that Congress meet its 
responsibilities to pass funding bills before the end of the fiscal 
year. I think that continuing resolutions and omnibus bills tend to be 
messy, and an inappropriate way to go about fulfilling our 
responsibilities to fund the Federal Government. I am pleased we seem 
to be on track to pass the appropriations bills on time this year.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Montana.


                           Amendment No. 1010

  Mr. BURNS. Mr. President, on behalf of Senator Voinovich, I call up 
amendment No. 1010, which relates to Indian gaming.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Montana [Mr. Burns], for Mr. Voinovich, 
     proposes an amendment numbered 1010.

  Mr. BURNS. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To prohibit the use of funds to take certain land into trust 
 without the consent of the Governor of the State in which the land is 
                                located)

       On page 254, after line 25, add the following:
       Sec. 4    . None of the funds made available by this Act 
     may be used to take land into trust on behalf of an Indian 
     tribe for the specific purpose of gaming without the consent 
     of the Governor of the State in which the land is located.

  Mr. BURNS. Mr. President, I think that is about the only amendment 
that we have to be offered in today's business. We have kind of run our 
trap lines. Senator Dorgan?
  Mr. DORGAN. I don't know of any amendment also intended to be offered 
today. I do know we have had some colleagues talking to us about 
amendments they wish to offer on Monday, but at least on this side, I 
know of no amendments to be offered for the remainder of the day. My 
understanding about the amendment the Senator has just laid down on 
behalf of Senator Voinovich is we are not going to dispose of that 
amendment at this point. We have some issues we need to discuss. We 
will begin to think about action on that on Monday; is that right?
  Mr. BURNS. That is correct. We will huddle on that, on this amendment 
and others that will be coming to the floor later on.
  Mr. DORGAN. I ask unanimous consent to speak for as long as I 
continue.
  The PRESIDING OFFICER. The Senator is recognized.
  Mr. DORGAN. I will not speak for a lengthy time, but I wanted to 
thank my colleague from Montana as he leaves. He will be back on Monday 
as we take up this bill again, and I look forward continuing to work 
with him. We put together a pretty decent bill.
  As I indicated previously, this bill actually cuts by $\1/2\ billion, 
slightly more, spending over the previous year. So it has been a chore 
to get this done because of the substantial cuts. But the Senator from 
Montana has been good to work with.

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