[Congressional Record (Bound Edition), Volume 151 (2005), Part 13]
[House]
[Pages 17661-17728]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     CONFERENCE REPORT ON H.R. 2361

  Mr. TAYLOR of North Carolina submitted the following conference 
report and statement on the bill:

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

                  Conference Report (H. Rept. 109-188)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2361) ``making appropriations for the Department of the 
     Interior, environment, and related agencies for the fiscal 
     year ending September 30, 2006, and for other purposes'', 
     having met, after full and free conference, have agreed to 
     recommend and do recommend to their respective Houses as 
     follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     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)), 
     $860,791,000, to remain available until expended, of which 
     $1,250,000 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 
     $860,791,000, 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, $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 $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, $11,926,000, 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, $8,750,000, 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.

[[Page 17662]]




                           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, $1,008,880,000, 
     to remain available until September 30, 2007, except as 
     otherwise provided herein: Provided, That $2,500,000 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; $45,891,000, 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, $28,408,000 to be derived 
     from the Land and Water Conservation Fund and to remain 
     available until expended: Provided, That none of the funds 
     appropriated for specific land acquisition projects can be 
     used to pay for any administrative overhead, planning or 
     other management costs.


                      Landowner incentive program

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     private conservation efforts to be carried out on private 
     lands, $24,000,000, 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, $7,386,000, 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, $82,200,000, of which $20,161,000 is to be derived 
     from the Cooperative Endangered Species Conservation Fund and 
     $62,039,000 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), $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, $68,500,000, to be derived from the Land and Water 
     Conservation Fund and to remain available until expended: 
     Provided, That of the amount provided herein, $6,000,000 is 
     for a competitive grant program for Indian tribes not subject 
     to the remaining provisions of this appropriation: Provided 
     further, That the Secretary

[[Page 17663]]

     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 
     House and Senate Committees on Appropriations in compliance 
     with the reprogramming procedures contained in the statement 
     of the managers accompanying this Act.

                         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, 
     $1,744,074,000, of which $9,892,000 is for planning and 
     interagency coordination in support of Everglades restoration 
     and shall remain available until expended; of which 
     $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; and of which 
     $2,000,000 is for the Youth Conservation Corps for high 
     priority projects: Provided, That the only funds in this 
     account which may be made available to support United States 
     Park Police are those funds approved for emergency law and 
     order incidents pursuant to established National Park Service 
     procedures, those funds needed to maintain and repair United 
     States Park Police administrative facilities, and those funds 
     necessary to reimburse the United States Park Police account 
     for the unbudgeted overtime and travel costs associated with 
     special events for an amount not to exceed $10,000 per event 
     subject to the review and concurrence of the Washington 
     headquarters office.


                       United States park police

       For expenses necessary to carry out the programs of the 
     United States Park Police, $81,411,000.


                  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, $54,965,000: 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), $73,250,000, 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 
     $5,000,000 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, $301,291,000, 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 $400,000 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 funds provided under this heading 
     for implementation of modified water deliveries to Everglades 
     National Park shall be available for obligation only if 
     matching funds are appropriated to the Army Corps of 
     Engineers for the same purpose:
       Provided further, That none of the funds provided under 
     this heading for implementation of modified water deliveries 
     to Everglades National Park shall be available for obligation 
     if any of the funds appropriated to the Army Corps of 
     Engineers for the purpose of implementing modified water 
     deliveries, including finalizing detailed engineering and 
     design documents for a bridge or series of bridges for the 
     Tamiami Trail component of the project, becomes unavailable 
     for obligation: 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

[[Page 17664]]

     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, $74,824,000, to be derived from the 
     Land and Water Conservation Fund and to remain available 
     until expended, of which $30,000,000 is for the State 
     assistance program including $1,587,000 for program 
     administration: Provided, That none of the funds provided for 
     the State assistance program may be used to establish a 
     contingency fund.


                       ADMINISTRATIVE PROVISIONS

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

                    United States Geological Survey


                 Surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); 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; $976,035,000, 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 $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 
     $177,485,000 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, $153,651,000, 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, 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.

[[Page 17665]]



          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 the State of Maryland may 
     set aside the greater of $1,000,000 or 10 percent of the 
     total of the grants made available to the State under title 
     IV of the Surface Mining Control and Reclamation Act of 1977, 
     as amended (30 U.S.C. 1231 et seq.), if the amount set aside 
     is deposited in an acid mine drainage abatement and treatment 
     fund established under a State law, pursuant to which law the 
     amount (together with all interest earned on the amount) is 
     expended by the State to undertake acid mine drainage 
     abatement and treatment projects, except that before any 
     amounts greater than 10 percent of its title IV grants are 
     deposited in an acid mine drainage abatement and treatment 
     fund, the State of Maryland must first complete all Surface 
     Mining Control and Reclamation Act priority one projects: 
     Provided further, That amounts provided under this heading 
     may be used for the travel and per diem expenses of State and 
     tribal personnel attending Office of Surface Mining 
     Reclamation and Enforcement sponsored training.

                        administrative provision

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

                        Bureau of Indian Affairs


                      Operation of Indian programs

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
     $1,991,490,000, 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 $464,585,000 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, $275,637,000, 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.

[[Page 17666]]




                       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, 
     $76,883,000, of which: (1) $69,502,000 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) $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 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, $127,183,000; 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.


                       Payments in lieu of taxes

       For expenses necessary to implement the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-6907), $236,000,000, 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, 
     $55,440,000.

                      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 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

[[Page 17667]]

     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 Resource Damage Assessment and Restoration


                natural resource damage assessment fund

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


                       ADMINISTRATIVE PROVISIONS

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

             General Provisions, Department of the Interior

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes: Provided, That no funds shall be made 
     available under this authority until funds specifically made 
     available to the Department of the Interior for emergencies 
     shall have been exhausted: Provided further, That all funds 
     used pursuant to this section 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 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. (a) For fiscal year 2006 and each succeeding 
     fiscal year, any funds made available by this Act for the 
     Southwest Indian Polytechnic Institute and Haskell Indian 
     Nations University for postsecondary programs of the Bureau 
     of Indian Affairs in excess of the amount made available for 
     those postsecondary programs for fiscal year 2005 shall be 
     allocated in direct proportion to the need of the schools, as 
     determined in accordance with the postsecondary funding 
     formula adopted by the Office of Indian Education Programs.
       (b) For fiscal year 2007 and each succeeding fiscal year, 
     the Bureau of Indian Affairs shall

[[Page 17668]]

     use the postsecondary funding formula adopted by the Office 
     of Indian Education Programs based on the needs of the 
     Southwest Indian Polytechnic Institute and Haskell Indian 
     Nations University to justify the amounts submitted as part 
     of the budget request of the Department of the Interior.
       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, and funds provided in division E of 
     Public Law 108-447 (118 Stat. 3050) for land acquisition at 
     the Niobrara National Scenic River, 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 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. 116. 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. 117. The Secretary of the Interior may use 
     discretionary funds to pay private attorney 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. 118. 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. 119. (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. 120. 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. 121. 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. 122. Notwithstanding any implementation of the 
     Department of the Interior's trust reorganization or 
     reengineering plans, or the implementation of the ``To Be'' 
     Model, funds appropriated for fiscal year 2006 shall be 
     available to the tribes within the California Tribal Trust 
     Reform Consortium and to the Salt River Pima-Maricopa Indian 
     Community, the Confederated Salish and Kootenai Tribes of the 
     Flathead Reservation and the Chippewa Cree Tribe of the Rocky 
     Boys Reservation through the same methodology as funds were 
     distributed in fiscal year 2003. This Demonstration Project 
     shall continue to operate separate and apart from the 
     Department of the Interior's trust reform and reorganization 
     and the Department shall not impose its trust management 
     infrastructure upon or alter the existing trust resource 
     management systems of the above referenced tribes having a 
     self-governance compact and operating in accordance with the 
     Tribal Self-Governance Program set forth in 25 U.S.C. 458aa-
     458hh: Provided, That the California Trust Reform Consortium 
     and any other participating tribe agree to carry out their 
     responsibilities under the same written and implemented 
     fiduciary standards as those being carried by the Secretary 
     of the Interior: Provided further, That they demonstrate to 
     the satisfaction of the Secretary that they have the 
     capability to do so: Provided further, That the Department 
     shall provide funds to the tribes in an amount equal to that 
     required by 25 U.S.C. 458cc(g)(3), including funds 
     specifically or functionally related to the provision of 
     trust services to the tribes or their members.
       Sec. 123. 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. 124. 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. 125. 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. 126. 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. 127. 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. 128. 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. 129. 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,''.
       Sec. 130. None of the funds in this or any other Act may be 
     used to set up Centers of Excellence and Partnership Skills 
     Bank training without prior approval of the House and Senate 
     Committees on Appropriations.
       Sec. 131. Section 114 of the Department of the Interior and 
     Related Agencies Appropriations Act, 2003 (16 U.S.C. 460bb-3 
     note; 117 Stat. 239; division F of Public Law 108-7), is 
     amended--
       (1) in the second sentence, by inserting ``, including 
     utility expenses of the National Park Service or lessees of 
     the National Park Service'' after ``Fort Baker properties''; 
     and
       (2) by inserting between the first and second sentences the 
     following: ``In furtherance of a lease entered into under the 
     first sentence, the Secretary of the Interior or a lessee may 
     impose fees on overnight lodgers for the purpose of covering 
     the cost of providing utilities and transportation services 
     at Fort Baker properties at a rate not to exceed the annual 
     cost of providing these services.''.
       Sec. 132. (a) Section 813(a) of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6812(a)) is amended by 
     striking ``and (i)'' and inserting ``and (i) (except for 
     paragraph (1)(C))''.
       (b) Section 4(i)(1)(C)(i) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(C)(i)) 
     is amended--

[[Page 17669]]

       (1) by striking ``Notwithstanding subparagraph (A)'' and 
     all that follows through ``or section 107'' and inserting 
     ``Notwithstanding section 107''; and
       (2) by striking ``account under subparagraph (A)'' and 
     inserting ``account under section 807(a) of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6806(a))''.
       (c) Except as provided in this section, section 4(i)(1)(C) 
     of the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-6a(i)(1)(C)) shall be applied and administered as 
     if section 813(a) of the Federal Lands Recreation Enhancement 
     Act (16 U.S.C. 6812(a)) (and the amendments made by that 
     section) had not been enacted.
       (d) This section and the amendments made by this section 
     take effect as of December 8, 2004.
       Sec. 133. Section 5(c) of the National Trails System Act 
     (16 U.S.C. 1244(c)) is amended by adding at the end the 
     following:
       ``(43)(A) The Captain John Smith Chesapeake National 
     Historic Watertrail, a series of routes extending 
     approximately 3,000 miles along the Chesapeake Bay and the 
     tributaries of the Chesapeake Bay in the States of Virginia, 
     Maryland, Pennsylvania, and Delaware and the District of 
     Columbia that traces Captain John Smith's voyages charting 
     the land and waterways of the Chesapeake Bay and the 
     tributaries of the Chesapeake Bay.
       ``(B) The study shall be conducted in consultation with 
     Federal, State, regional, and local agencies and 
     representatives of the private sector, including the entities 
     responsible for administering--
       ``(i) the Chesapeake Bay Gateways and Watertrails Network 
     authorized under the Chesapeake Bay Initiative Act of 1998 
     (16 U.S.C. 461 note; title V of Public Law 105-312); and
       ``(ii) the Chesapeake Bay Program authorized under section 
     117 of the Federal Water Pollution Control Act (33 U.S.C. 
     1267).
       ``(C) The study shall include an extensive analysis of the 
     potential impacts the designation of the trail as a national 
     historic watertrail is likely to have on land and water, 
     including docks and piers, along the proposed route or 
     bordering the study route that is privately owned at the time 
     the study is conducted.''.
       Sec. 134. (a) Notwithstanding section 508(c) of the Omnibus 
     Parks and Public Lands Management Act of 1996 (40 U.S.C. 8903 
     note; Public Law 104-333) there is hereby appropriated to the 
     Secretary of the Interior $10,000,000, to remain available 
     until expended, for necessary expenses for the Memorial to 
     Martin Luther King, Jr. authorized in that Act.
       (b) The funds appropriated in subsection (a) shall only be 
     made available after the entire amount in matched by non-
     federal contributions (not including in-kind contributions) 
     that are pledged and received after July 26, 2005, but prior 
     to the date specified in subsection(c).
       (c) Section 508(b)(2) of the Omnibus Parks and Public Lands 
     Management Act of 1996 is amended by striking ``November 12, 
     2006'' and inserting ``November 12, 2008''.

               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, 
     $741,722,000, 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 $19,000 for official reception and representation 
     expenses, $2,381,752,000, 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, $37,455,000, 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; 
     $1,260,621,000, 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 $1,260,621,000 
     as a payment from general revenues to the Hazardous Substance 
     Superfund for purposes as authorized by section 517(b) of 
     SARA, as amended: Provided, That funds appropriated under 
     this heading may be allocated to other Federal agencies in 
     accordance with section 111(a) of CERCLA: Provided further, 
     That of the funds appropriated under this heading, 
     $13,536,000 shall be transferred to the ``Office of Inspector 
     General'' appropriation to remain available until September 
     30, 2007, and $30,606,000 shall be transferred to the 
     ``Science and Technology'' appropriation to remain available 
     until September 30, 2007.

                Leaking Underground Storage Tank Program

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

                           Oil Spill Response

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

                   State and Tribal Assistance Grants


                    (including rescissions of funds)

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $3,261,696,000, to remain 
     available until expended, of which $900,000,000 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, except that, notwithstanding section 1452(n) of the 
     Safe Drinking Water Act, as amended, hereafter none of the 
     funds made available under this heading in this or 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; $35,000,000 shall be for grants to the State of 
     Alaska to address drinking water and waste infrastructure 
     needs of rural and Alaska Native Villages: Provided, That, of 
     these funds: (1) the State of Alaska shall provide a match of 
     25 percent; (2) no more than 5 percent of the funds may be 
     used for administrative and overhead expenses; and (3) not 
     later than October 1, 2005 the State of Alaska shall make 
     awards consistent with the State-wide priority list 
     established in 2004 for all water, sewer, waste disposal, and 
     similar projects carried out by the State of Alaska that are 
     funded under section 221 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1301) or the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1921 et seq.) which shall 
     allocate not less than 25 percent of the funds provided for 
     projects in regional hub communities; $200,000,000 shall be 
     for making special project 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; $7,000,000 
     for making cost-shared grants for school bus retrofit and 
     replacement projects that reduce diesel emissions; and

[[Page 17670]]

     $1,129,696,000 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, $20,000,000 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 and thereafter, 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 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 this 
     or any other appropriations Act, 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.
       In addition, $80,000,000 is hereby rescinded from prior 
     year funds in appropriation accounts available to the 
     Environmental Protection Agency: Provided, That such 
     rescissions shall be taken solely from amounts associated 
     with grants, contracts, and interagency agreements whose 
     availability, under the original project period for such 
     grant or interagency agreement or contract period for such 
     contract, has expired: Provided further, That such 
     rescissions shall include funds that were appropriated under 
     this heading for special project grants in fiscal year 2000 
     or earlier that have not been obligated on an approved grant 
     by September 1, 2006.

                       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.

          General Provisions, Environmental Protection Agency

       Sec. 201. None of the funds made available by this Act may 
     be used by the Administrator of the Environmental Protection 
     Agency to accept, consider or rely on third-party intentional 
     dosing human toxicity studies for pesticides, or to conduct 
     intentional dosing human toxicity studies for pesticides 
     until the Administrator issues a final rulemaking on this 
     subject. The Administrator shall allow for a period of not 
     less than 90 days for public comment on the Agency's proposed 
     rule before issuing a final rule. Such rule shall not permit 
     the use of pregnant women, infants or children as subjects; 
     shall be consistent with the principles proposed in the 2004 
     report of the National Academy of Sciences on intentional 
     human dosing and the principles of the Nuremberg Code with 
     respect to human experimentation; and shall establish an 
     independent Human Subjects Review Board. The final rule shall 
     be issued no later than 180 days after enactment of this Act.
       Sec. 202. None of the funds made available by this Act may 
     be used in contravention of, or to delay the implementation 
     of, Executive Order No. 12898 of February 11, 1994 (59 Fed. 
     Reg. 7629; relating to Federal actions to address 
     environmental justice in minority populations and low-income 
     populations).
       Sec. 203. 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. 204. None of the funds made available in this Act may 
     be used in contravention of 15 U.S.C. 2682(c)(3) or to delay 
     the implementation of that section.
       Sec. 205. None of the funds provided in this Act or any 
     other Act may be used by the Environmental Protection Agency 
     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, $283,094,000, to remain available until 
     expended: Provided, That of the funds provided, $60,267,000 
     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, $283,577,000, to 
     remain available until expended, as authorized by law of 
     which $57,380,000 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: Provided further, That notwithstanding any 
     other provision of law, of the funds provided under this 
     heading, an advance lump sum payment of $1,000,000 shall be 
     made available to Madison County, NC, for a forest recreation 
     center, and a similar $500,000 payment shall be made 
     available to Folkmoot USA in Haywood County, NC, for 
     Appalachian folk programs including forest crafts.


                         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, $1,424,348,000, 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

[[Page 17671]]

     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, 
     $1,779,395,000, 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 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, $286,000,000 is 
     for hazardous fuels reduction activities, $6,281,000 is for 
     rehabilitation and restoration, $23,219,000 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.), $46,500,000 is for State 
     fire assistance, $7,889,000 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 
     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 $9,000,000, 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: Provided 
     further, That funds designated for wildfire suppression shall 
     be assessed for indirect costs on the same basis as such 
     assessments are calculated against other agency programs.


                  capital improvement and maintenance

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $441,178,000, 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, $42,500,000, to be derived from the Land and 
     Water Conservation Fund and to remain available until 
     expended: Provided further, That, subject to valid existing 
     rights, all land and interests in land acquired in the 
     Thunder Mountain area of the Payette National Forest 
     (including patented claims and land that are encumbered by 
     unpatented claims or previously appropriated funds under this 
     section, or otherwise relinquished by a private party) are 
     withdrawn from mineral entry or appropriation under Federal 
     mining laws, and from leasing claims under Federal mineral 
     and geothermal leasing laws.


         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 passenger motor 
     vehicles; acquisition of passenger motor vehicles from excess

[[Page 17672]]

     sources, and hire of such vehicles; purchase, lease, 
     operation, maintenance, and acquisition of aircraft from 
     excess sources to maintain the operable fleet for use in 
     Forest Service wildland fire programs and other Forest 
     Service programs; notwithstanding other provisions of law, 
     existing aircraft being replaced may be sold, with proceeds 
     derived or trade-in value used to offset the purchase price 
     for the replacement aircraft; (2) services pursuant to 7 
     U.S.C. 2225, and not to exceed $100,000 for employment under 
     5 U.S.C. 3109; (3) purchase, erection, and alteration of 
     buildings and other public improvements (7 U.S.C. 2250); (4) 
     acquisition of land, waters, and interests therein pursuant 
     to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers 
     in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 
     558a note); (6) the cost of uniforms as authorized by 5 
     U.S.C. 5901-5902; and (7) for debt collection contracts in 
     accordance with 31 U.S.C. 3718(c).
       None of the funds made available under this Act shall be 
     obligated or expended to abolish any region, to move or close 
     any regional office for National Forest System administration 
     of the Forest Service, Department of Agriculture without the 
     consent of the House and Senate Committees on Appropriations.
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions upon notification of the House and Senate 
     Committees on Appropriations and if and only if all 
     previously appropriated emergency contingent funds under the 
     heading ``Wildland Fire Management'' have been released by 
     the President and apportioned and all wildfire suppression 
     funds under the heading ``Wildland Fire Management'' are 
     obligated.
       The first transfer of funds into the Wildland Fire 
     Management account shall include unobligated funds, if 
     available, from the Land Acquisition account and the Forest 
     Legacy program within the State and Private Forestry account.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development and the Foreign Agricultural Service 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 shall be transferred to the Working Capital Fund of 
     the Department of Agriculture. Nothing in this paragraph 
     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 $2,500,000 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 
     $300,000 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.
       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 $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.
       Funds available to the Forest Service, not to exceed 
     $35,000,000, shall be assessed for the purpose of performing 
     facilities maintenance. Such assessments shall occur using a 
     square foot rate charged on the same basis the agency uses to 
     assess programs for payment of rent, utilities, and other 
     support services.
       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, $2,732,298,000, 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

[[Page 17673]]

     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 Disabilities 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 Senate Report 
     109-80: Provided further, That none of the funds may be used 
     for tribal courts or tribal ordinance programs or any program 
     that is not directly related to alcohol control, enforcement, 
     prevention, treatment, or sobriety: Provided further, That no 
     more than 15 percent may be used by any entity receiving 
     funding for administrative overhead including indirect costs.


                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $358,485,000, 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.

[[Page 17674]]



                         OTHER RELATED AGENCIES

                   Executive Office of the President


  council on environmental quality and office of environmental quality

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

             Chemical Safety and Hazard Investigation Board


                         salaries and expenses

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

              Office of Navajo and Hopi Indian Relocation


                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $8,601,000, to remain available until expended: Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as eligible and not included in the 
     preceding categories: Provided further, That none of the 
     funds contained in this or any other Act may be used by the 
     Office of Navajo and Hopi Indian Relocation to evict any 
     single Navajo or Navajo family who, as of November 30, 1985, 
     was physically domiciled on the lands partitioned to the Hopi 
     Tribe unless a new or replacement home is provided for such 
     household: Provided further, That no relocatee will be 
     provided with more than one new or replacement home: Provided 
     further, That the 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, $524,281,000, 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.


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

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

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


                              construction

       For necessary expenses for capital repair and restoration 
     of the existing features of the building and site of the John 
     F. Kennedy Center for

[[Page 17675]]

     the Performing Arts, $13,000,000, 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, $9,201,000.

           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 
     $17,922,000 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.

                        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, $7,250,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), $4,860,000: 
     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, $8,244,000: 
     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), 
     $42,780,000, 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, $20,000,000 
     shall be available to the Presidio Trust, to remain available 
     until expended.

      White House Commission on the National Moment of Remembrance


                         salaries and expenses

       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. 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

[[Page 17676]]

     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. 410. The National Endowment for the Arts and the 
     National Endowment for the Humanities are hereafter 
     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. 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. 412. 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. 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 timber sale in Region 10 shall be advertised 
     if the indicated rate is deficit when appraised using a 
     residual value approach that assigns domestic Alaska values 
     for western redcedar. Program accomplishments shall be based 
     on volume sold. Should Region 10 sell, in the current fiscal 
     year, the annual average portion of the decadal allowable 
     sale quantity called for in the current Tongass Land 
     Management Plan in sales which are not deficit when appraised 
     using a residual value approach that assigns domestic Alaska 
     values for western redcedar, all of the western redcedar 
     timber from those sales which is surplus to the needs of 
     domestic processors in Alaska, shall be made available to 
     domestic processors in the contiguous 48 United States at 
     prevailing domestic prices. Should Region 10 sell, in the 
     current fiscal year, less than the annual average portion of 
     the decadal allowable sale quantity called for in the Tongass 
     Land Management Plan in sales which are not deficit when 
     appraised using a residual value approach that assigns 
     domestic Alaska values for western redcedar, the volume of 
     western redcedar timber available to domestic processors at 
     prevailing domestic prices in the contiguous 48 United States 
     shall be that volume: (1) which is surplus to the needs of 
     domestic processors in Alaska; and (2) is that percent 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. 417. 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. 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. 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. 420. 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. 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.

[[Page 17677]]

       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 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.
       (e) In carrying out any competitive sourcing study 
     involving Forest Service employees, the Secretary of 
     Agriculture shall--
       (1) determine whether any of the employees concerned are 
     also qualified to participate in wildland fire management 
     activities; and
       (2) take into consideration the effect that contracting 
     with a private sector source would have on the ability of the 
     Forest Service to effectively and efficiently fight and 
     manage wildfires.
       Sec. 423. 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. 424. (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. 425. Section 331 of the Department of the Interior and 
     Related Agencies Appropriations Act, 2000 (as enacted into 
     law by section 1000(a)(3) of Public Law 106-113; 113 Stat. 
     1501A-196; 16 U.S.C. 497 note), as amended, is amended--
       (1) in subsection (a) by striking ``2005'' and inserting 
     ``2006''; and
       (2) in subsection (b) by striking ``2005'' and inserting 
     ``2006''.
       Sec. 426. Section 321 of the Department of the Interior and 
     Related Agencies Appropriations Act, 2003 (division F of 
     Public Law 108-7; 117 Stat. 274; 16 U.S.C. 565a-1 note) is 
     amended by striking ``September 30, 2005'' and inserting 
     ``September 30, 2007''.
       Sec. 427. 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. 428. 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 first sentence by striking ``may pilot test 
     agency-wide joint permitting and leasing programs'' and 
     inserting after ``Congress,'' the following: ``may establish 
     pilot programs involving the land management agencies 
     referred to in this section to conduct projects, planning, 
     permitting, leasing, contracting and other activities, either 
     jointly or on behalf of one another; may co-locate in Federal 
     offices and facilities leased by an agency of either 
     Department;'';
       (3) in the third sentence, by inserting ``, National Park 
     Service, Fish and Wildlife Service,'' after ``Bureau of Land 
     Management''; and
       (4) 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, including transfers and reimbursements for 
     multi-year projects, except that this authority may not be 
     used to circumvent requirements and limitations imposed on 
     the use of funds.''.
       Sec. 429. 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. 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. (a) In General.--
       (1) The Secretary of Agriculture and the Secretary of the 
     Interior are authorized to make grants to the Eastern Nevada 
     Landscape Coalition for the study and restoration of 
     rangeland and other lands in Nevada's Great Basin in order to 
     help assure the reduction of hazardous fuels and for related 
     purposes.
       (2) 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. 432. (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 subsection 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 as of 
     January 1, 2005.
       Sec. 433. None of the funds made available to the Forest 
     Service under this Act shall be expended or obligated for the 
     demolition of buildings at the Zephyr Shoals property, Lake 
     Tahoe, Nevada.
       Sec. 434. Section 323(a) of the Department of the Interior 
     and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011 
     note; as contained in section 101(e) of Public Law 105-277), 
     is amended by striking ``fiscal year 1999'' and all that 
     follows through ``2005'' and inserting ``each of fiscal years 
     2006 through 2011''.
       Sec. 435. Congressional Security Relating to Certain Real 
     Property. (a) In General.--Except as provided under 
     subsection (b)--
       (1) the District of Columbia Board of Zoning Adjustments 
     and the District of Columbia Zoning Commission may not take 
     any action to grant any variance relating to the property 
     located at 51 Louisiana Avenue NW, Square 631, Lot 17 in the 
     District of Columbia; and

[[Page 17678]]

       (2) if any variance described under paragraph (1) is 
     granted before the effective date of this section, such 
     variance shall be set aside and shall have no force or 
     effect.
       (b) Conditions for Variance.--A variance described under 
     subsection (a) may be granted or shall be given force or 
     effect if--
       (1) the Capitol Police Board makes a determination that any 
     such variance shall not--
       (A) negatively impact congressional security; and
       (B) increase Federal expenditures relating to congressional 
     security;
       (2) the Majority and Minority Leaders of the Senate and the 
     Speaker and Minority Leader of the House of Representatives 
     approve such determination; and
       (3) the Capitol Police Board certifies the determination in 
     writing to the District of Columbia Board of Zoning 
     Adjustments and the District of Columbia Zoning Commission.
       (c) Effective Date.--This section shall take effect on the 
     date of enactment of this Act and apply to the remaining 
     portion of the fiscal year in which enacted and each fiscal 
     year thereafter.
       Sec. 436. Wisconsin National Forest Acquisition. (a) 
     Prospective Management Requirements.--The Secretary of 
     Agriculture is authorized to acquire property located within 
     Sections 1 and 2, Township 44 North, Range 4 West; Section 
     31, Township 45 North, Range 3 West; and Section 36, Township 
     45 North, Range 4 West; Fourth Principal Meridian, Ashland 
     County, State of Wisconsin, and upon such acquisition, such 
     lands shall be subject to the special management requirements 
     of subsection (b).
       (b) Special Management.--Subject to valid existing rights 
     of record, upon acquisition by the Secretary of Agriculture 
     of any land referenced in subsection (a), that area of the 
     land encompassed within 300 feet of the ordinary high water 
     mark of the Brunsweiler River or Beaverdam Lake, whether or 
     not the waterways are impounded, shall be subject to the laws 
     and regulations pertaining to the National Forest System with 
     the following management emphasis:
       (1) Enhancing the physical, biological, and cultural 
     features and values for public use, interpretation, research, 
     and monitoring;
       (2) Maintenance of the natural character of Brunsweiler 
     River, whether or not impounded; and
       (3) Prohibition of structures, motorized use of trails, 
     developed recreation facilities, and surface occupancy for 
     mineral exploration or extraction.
       (c) National Forest Boundaries.--Without further action by 
     the Secretary of Agriculture, the boundaries of the 
     Chequamegon National Forest are hereby expanded to encompass 
     the lands referenced in subsection (a).
       (d) Savings Provision.--Nothing in this section shall be 
     construed to prohibit the maintenance or reconstruction of 
     the existing dam on the Brunsweiler River, located within the 
     area referenced in subsection (a).
       Sec. 437. In addition to amounts provided to the Department 
     of the Interior in this Act, $5,000,000 is provided for a 
     grant to Kendall County, Illinois.
       Sec. 438. Section 344 of the Department of the Interior and 
     Related Agencies Appropriations Act, 2005 as contained in 
     division E of the Consolidated Appropriations Act, 2005 
     (Public Law 108-447) is amended as follows:
       (1) by striking: ``seven''; ``14910001,''; and ``, 
     14913007, and 14913008'';
       (2) by inserting ``and'' after ``14913005,''; and
       (3) by striking all language after ``(2)'' and inserting in 
     lieu thereof ``immediately transfer to the Alaska SeaLife 
     Center for various acquisitions, waterfront improvements and 
     facilities that complement the new Federal facility, any 
     remaining balance of previously appropriated funds.''
       Sec. 439. (a) Across-the-Board Rescissions.--There is 
     hereby rescinded an amount equal to 0.476 percent of the 
     budget authority provided for fiscal year 2006 for any 
     discretionary appropriation in titles I through IV of this 
     Act.
       (b) Proportionate Application.--Any rescission made by 
     subsection (a) shall be applied proportionately--
       (1) to each discretionary account and each item of budget 
     authority described in subsection (a); and
       (2) within each such account and item, to each program, 
     project, and activity (with programs, projects, and 
     activities as delineated in the appropriation Act or 
     accompanying reports for the relevant fiscal year covering 
     such account or item, or for accounts and items not included 
     in appropriation Acts, as delineated in the most recently 
     submitted President's budget).
       (c) Indian Land and Water Claim Settlements.--Under the 
     heading ``Bureau of Indian Affairs, Indian Land and Water 
     Claim Settlements and Miscellaneous Payments to Indians'', 
     the across-the-board rescission in this section, and any 
     subsequent across-the-board rescission for fiscal year 2006, 
     shall apply only to the first dollar amount in the paragraph 
     and the distribution of the rescission shall be at the 
     discretion of the Secretary of the Interior who shall submit 
     a report on such distribution and the rationale therefor to 
     the House and Senate Committees on Appropriations.
      TITLE V--FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT

     SECTION 501. SHORT TITLE.

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

     SEC. 502. DEFINITIONS.

        In this title:
       (1) Administrative site.--The term ``administrative site'' 
     means--
       (A) any facility or improvement, including curtilage, that 
     was acquired or is used specifically for purposes of 
     administration of the National Forest System;
       (B) any Federal land associated with a facility or 
     improvement described in subparagraph (A) that was acquired 
     or is used specifically for purposes of administration of 
     Forest Service activities and underlies or abuts the facility 
     or improvement; or
       (C) not more than 10 isolated, undeveloped parcels per 
     fiscal year of not more than 40 acres each that were acquired 
     or used for purposes of administration of Forest Service 
     activities, but are not being so utilized, such as vacant 
     lots outside of the proclaimed boundary of a unit of the 
     National Forest System.
       (2) Facility or improvement.--The term ``facility or 
     improvement'' includes--
       (A) a forest headquarters;
       (B) a ranger station;
       (C) a research station or laboratory;
       (D) a dwelling;
       (E) a warehouse;
       (F) a scaling station;
       (G) a fire-retardant mixing station;
       (H) a fire-lookout station;
       (I) a guard station;
       (J) a storage facility;
       (K) a telecommunication facility; and
       (L) other administrative installations for conducting 
     Forest Service activities.
       (3) Market analysis.--The term ``market analysis'' means 
     the identification and study of the real estate market for a 
     particular economic good or service.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 503. AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE 
                   ADMINISTRATIVE SITES.

       (a) Conveyances Authorized.--In the manner provided by this 
     title, the Secretary may convey an administrative site, or an 
     interest in an administrative site, that is under the 
     jurisdiction of the Secretary.
       (b) Means of Conveyance.--The conveyance of an 
     administrative site under this title may be made--
       (1) by sale;
       (2) by lease;
       (3) by exchange;
       (4) by a combination of sale and exchange; or
       (5) by such other means as the Secretary considers 
     appropriate.
       (c) Size of Conveyance.--An administrative site or compound 
     of administrative sites disposed of in a single conveyance 
     under this title may not exceed 40 acres.
       (d) Certain Lands Excluded.--The following Federal land may 
     not be conveyed under this title:
       (1) Any land within a unit of the National Forest System 
     that is exclusively designated for natural area or 
     recreational purposes.
       (2) Any land included within the National Wilderness 
     Preservation System, the Wild and Scenic River System, or a 
     National Monument.
       (3) Any land that the Secretary determines--
       (A) is needed for resource management purposes or to 
     provide access to other land or water;
       (B) is surrounded by National Forest System land or other 
     publicly owned land, if conveyance would not be in the public 
     interest due to the creation of a non-Federal inholding that 
     would preclude the efficient management of the surrounding 
     land; or
       (C) would be in the public interest to retain.
       (e) Congressional Notifications.--
       (1) Notice of anticipated use of authority.--As part of the 
     annual budget justification documents provided to the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Appropriations of the Senate, the 
     Secretary shall include--
       (A) a list of the anticipated conveyances to be made, 
     including the anticipated revenue that may be obtained, using 
     the authority provided by this title or other conveyance 
     authorities available to the Secretary;
       (B) a discussion of the intended purposes of any new 
     revenue obtained using this authority or other conveyance 
     authorities available to the Secretary, and a list of any 
     individual projects that exceed $500,000; and
       (C) a presentation of accomplishments of previous years 
     using this authority or other conveyance authorities 
     available to the Secretary.
       (2) Notice of changes to conveyance list.--If the Secretary 
     proposes to convey an administrative site under this title or 
     using other conveyance authorities available to the Secretary 
     and the administrative site is not included on a list 
     provided under paragraph (1)(A), the Secretary shall submit 
     to the congressional committees specified in paragraph (3) 
     written notice of the proposed conveyance, including the 
     anticipated revenue that may be obtained from the conveyance.
       (3) Notice of use of authority.--At least once a year, the 
     Secretary shall submit to the Committee on Agriculture, the 
     Committee on Appropriations, and the Committee on Resources 
     of the House of Representatives and the Committee on 
     Agriculture, Nutrition, and Forestry, the Committee on 
     Appropriations, and the Committee on Energy and Natural 
     Resources of the Senate a report containing a description of 
     all conveyances of National Forest System land made by the 
     Secretary under this title or other conveyance authorities 
     during the period covered by the report.

[[Page 17679]]

       (f) Duration of Authority.--The authority of the Secretary 
     to initiate the conveyance of an administrative site under 
     this title expires on September 30, 2008.
       (g) Repeal of Pilot Conveyance Authority.--Effective 
     September 30, 2006, 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 repealed. 
     Notwithstanding the repeal of such section, the Secretary may 
     complete the conveyance under such section of any 
     administrative site whose conveyance was initiated under such 
     section before that date.

     SEC. 504. CONVEYANCE REQUIREMENTS.

       (a) Configuration of Administrative Sites.--
       (1) Configuration.--To facilitate the conveyance of an 
     administrative site under this title, the Secretary may 
     configure the administrative site--
       (A) to maximize the marketability of the administrative 
     site; and
       (B) to achieve management objectives.
       (2) Separate treatment of facility or improvement.--A 
     facility or improvement on an administrative site to be 
     conveyed under this title may be severed from the land and 
     disposed of in a separate conveyance.
       (3) Reservation of interests.--In conveying an 
     administrative site under this title, the Secretary may 
     reserve such right, title, and interest in and to the 
     administrative site as the Secretary determines to be 
     necessary.
       (b) Consideration.--
       (1) Consideration required.--A person or entity acquiring 
     an administrative site under this title shall provide to the 
     Secretary consideration in an amount that is at least equal 
     to the market value of the administrative site.
       (2) Form of consideration.--
       (A) Sale.--Consideration for an administrative site 
     conveyed by sale under this title shall be paid in cash on 
     conveyance of the administrative site.
       (B) Exchange.--If the administrative site is conveyed by 
     exchange, the consideration shall be provided in the form of 
     a conveyance to the Secretary of land or improvements that 
     are equal in market value to the conveyed administrative 
     site. If the market values are not equal, the market values 
     may be equalized by--
       (i) the Secretary making a cash payment to the person or 
     entity acquiring the administrative site; or
       (ii) the person or entity acquiring the administrative site 
     making a cash equalization payment to the Secretary.
       (c) Determination of Market Value.--The Secretary shall 
     determine the market value of an administrative site to be 
     conveyed under this title or of non-Federal land or 
     improvements to be provided as consideration in exchange for 
     an administrative site--
       (1) by conducting an appraisal that is performed in 
     accordance with--
       (A) the Uniform Appraisal Standards for Federal Land 
     Acquisitions, established in accordance with the Uniform 
     Relocation Assistance and Real Property Acquisition Policies 
     Act of 1970 (42 U.S.C. 4601 et seq.); and
       (B) the Uniform Standards of Professional Appraisal 
     Practice; or
       (2) by competitive sale.
       (d) Relation to Other Laws.--
       (1) Federal property disposal.--Subchapter I of chapter 5 
     of title 40, United States Code, shall not apply to the 
     conveyance of an administrative site under this title.
       (2) Land exchanges.--Section 206 of the Federal Land Policy 
     and Management Act (43 U.S.C. 1716) shall not apply to the 
     conveyance of an administrative site under this title carried 
     out by means of an exchange or combination of sale and 
     exchange.
       (3) Lead-based paint and asbestos abatement.--
     Notwithstanding any provision of law relating to the 
     mitigation or abatement of lead-based paint or asbestos-
     containing building materials, the Secretary is not required 
     to mitigate or abate lead-based paint or asbestos-containing 
     building materials with respect to an administrative site to 
     be conveyed under this title. However, if the administrative 
     site has lead-based paint or asbestos-containing building 
     materials, the Secretary shall--
       (A) provide notice to the person or entity acquiring the 
     administrative site of the presence of the lead-based paint 
     or asbestos-containing building material; and
       (B) obtain written assurance from the person or entity 
     acquiring the administrative site that the person or entity 
     will comply with applicable Federal, State, and local laws 
     relating to the management of the lead-based paint and 
     asbestos-containing building materials.
       (4) Environmental review.--The National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to 
     the conveyance of administrative sites under this title, 
     except that, in any environmental review or analysis required 
     under such Act for the conveyance of an administrative site 
     under this title, the Secretary is only required to--
       (A) analyze the most reasonably foreseeable use of the 
     administrative site, as determined through a market analysis;
       (B) determine whether or not to reserve any right, title, 
     or interest in the administrative site under subsection 
     (a)(3); and
       (C) evaluate the alternative of not conveying the 
     administrative site, consistent with the National 
     Environmental Policy Act of 1969.
       (e) Rejection of Offers.--The Secretary shall reject any 
     offer made for the acquisition of an administrative site 
     under this title if the Secretary determines that the offer 
     is--
       (1) not adequate to cover the market value of the 
     administrative site; or
       (2) not otherwise in the public interest.
       (f) Consultation and Public Notice.--As appropriate, the 
     Secretary is encouraged to work with the Administrator of the 
     General Services Administration with respect to the 
     conveyance of administrative sites under this title. Before 
     making an administrative site available for conveyance under 
     this title, the Secretary shall consult with local 
     governmental officials of the community in which the 
     administrative site is located and provide public notice of 
     the proposed conveyance.

     SEC. 505. DISPOSITION OF PROCEEDS RECEIVED FROM 
                   ADMINISTRATIVE SITE CONVEYANCES.

       (a) Deposit.--The Secretary shall deposit in the fund 
     established under Public Law 90-171 (commonly known as the 
     Sisk Act; 16 U.S.C. 484a) all of the proceeds from the 
     conveyance of an administrative site under this title.
       (b) Use.--Amounts deposited under paragraph (1) shall be 
     available to the Secretary, until expended and without 
     further appropriation, to pay any necessary and incidental 
     costs incurred by the Secretary in connection with--
       (1) the acquisition, improvement, maintenance, 
     reconstruction, or construction of a facility or improvement 
     for the National Forest System; and
       (2) the conveyance of administrative sites under this 
     title, including costs described in subsection (c).
       (c) Brokerage Services.--The Secretary may use the proceeds 
     from the conveyance of an administrative site under this 
     title to pay reasonable commissions or fees for brokerage 
     services obtained in connection with the conveyance if the 
     Secretary determines that the services are in the public 
     interest. The Secretary shall provide public notice of any 
     brokerage services contract entered into in connection with a 
     conveyance under this title.

                     TITLE VI--VETERANS HEALTH CARE

       Sec. 601. From the money in the Treasury not otherwise 
     appropriated, there is appropriated to the Department of 
     Veterans Affairs an additional amount for ``Medical 
     Services'' of $1,500,000,000 to be available for obligation 
     upon enactment of this Act and to remain available until 
     September 30, 2006.
       This Act may be cited as the ``Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2006''.
       And the Senate agree to the same.

     Charles H. Taylor,
     Jerry Lewis,
     Zach Wamp,
     John E. Peterson,
     Don Sherwood,
     Ernest J. Istook, Jr.,
     Robert Aderholt,
     John T. Doolittle,
     Michael Simpson,
     Norman D. Dicks,
     James P. Moran,
     Maurice D. Hinchey,
     John W. Olver,
     Alan B. Mollohan,
                                Managers on the Part of the House.
     Conrad Burns,
     Ted Stevens,
     Thad Cochran,
     Pete V. Domenici,
     Robert F. Bennett,
     Judd Gregg,
     Larry Craig,
     Wayne Allard,
     Byron L. Dorgan,
     Robert C. Byrd,
     Patrick J. Leahy,
     Harry Reid,
     Dianne Feinstein,
     Barbara A. Mikulski,
     Herb Kohl,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2361), making 
     appropriations for the Department of the Interior, 
     Environment, and Related Agencies for the fiscal year ending 
     September 30, 2006, and for other purposes, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       The conference agreement on H.R. 2361 incorporates some of 
     the provisions of both the House and the Senate versions of 
     the bill. Report language and allocations set forth in either 
     House Report 109-80 or Senate Report 109-80 that are not 
     changed by the conference are approved by the committee of 
     conference. The statement of the managers, while repeating 
     some report language for emphasis, does not negate the 
     language referenced above unless expressly provided herein.

                        REPROGRAMMING GUIDELINES

       The managers have revised the reprogramming guidelines to 
     add an exception for certain Environmental Protection Agency 
     grants (section 3(b)) and to delete certain instructions to 
     the Forest Service dealing with boundary adjustments and 
     transfer of funds.
       The following are the procedures governing reprogramming 
     actions for programs and activities funded in the Interior, 
     Environment, and Related Agencies Appropriations Act:

[[Page 17680]]


       1. Definitions.--(a) ``Reprogramming,'' as defined in these 
     procedures, includes the reallocation of funds from one 
     budget activity to another. In cases where either the House 
     or Senate Committee report displays an allocation of an 
     appropriation below the activity level, that more detailed 
     level shall be the basis for reprogramming. For construction 
     accounts, a reprogramming constitutes the reallocation of 
     funds from one construction project (identified in the 
     justification or Committee report) to another. A 
     reprogramming shall also consist of any significant departure 
     from the program described in the agency's budget 
     justifications. This includes proposed reorganizations even 
     without a change in funding.
       (b) ``Committees'' refer to the House and Senate Committees 
     on Appropriations and, specifically, the Subcommittee on 
     Interior, Environment, and Related Agencies.
       2. Guidelines for Reprogramming.--(a) A reprogramming 
     should be made only when an unforeseen situation arises; and 
     then only if postponement of the project or the activity 
     until the next appropriation year would result in actual loss 
     or damage. Mere convenience or desire should not be factors 
     for consideration.
       (b) Any project or activity, which may be deferred through 
     reprogramming, shall not later be accomplished by means of 
     further reprogramming; but, instead, funds should again be 
     sought for the deferred project or activity through the 
     regular appropriations process.
       (c) Reprogramming should not be employed to initiate new 
     programs or to change allocations specifically denied, 
     limited or increased by the Congress in the Act or the 
     report. In cases where unforeseen events or conditions are 
     deemed to require changes, proposals shall be submitted in 
     advance to the Committees, regardless of amounts involved, 
     and be fully explained and justified.
       (d) Reprogramming proposals submitted to the Committees for 
     approval shall be considered approved 30 calendar days after 
     receipt if the Committees have posed no objection. However, 
     agencies will be expected to extend the approval deadline if 
     specifically requested by either Committee.
       (e) Proposed changes to estimated working capital fund 
     bills and estimated overhead charges, deductions, reserves or 
     holdbacks, as such estimates were presented in annual budget 
     justifications, shall be submitted through the reprogramming 
     process.
       3. Criteria and Exceptions.--Any proposed reprogramming 
     must be submitted to the Committees in writing prior to 
     implementation if it exceeds $500,000 annually or results in 
     an increase or decrease of more than 10 percent annually in 
     affected programs, with the following exceptions:
       (a) With regard to the tribal priority allocations activity 
     of the Bureau of Indian Affairs, Operation of Indian Programs 
     account, there is no restriction on reprogrammings among the 
     programs within this activity. However, the Bureau shall 
     report on all reprogrammings made during the first 6 months 
     of the fiscal year by no later than May 1 of each year, and 
     shall provide a final report of all reprogrammings for the 
     previous fiscal year by no later than November 1 of each 
     year.
       (b) With regard to the Environmental Protection Agency, 
     State and Tribal Assistance Grants account, reprogramming 
     requests associated with States and Tribes applying for 
     partnership grants do not need to be submitted to the 
     Committees for approval should such grants exceed the normal 
     reprogramming limitations. In addition, the Agency need not 
     submit a request to move funds between wastewater and 
     drinking water objectives for those grants targeted to 
     specific communities.
       4. Quarterly Reports.--(a) All reprogram-mings shall be 
     reported to the Committees quarterly and shall include 
     cumulative totals.
       (b) Any significant shifts of funding among object 
     classifications also should be reported to the Committees.
       5. Administrative Overhead Accounts.--For all 
     appropriations where costs of administrative expenses are 
     funded in part from ``assessments'' of various budget 
     activities within an appropriation, the assessments shall be 
     shown in justifications under the discussion of 
     administrative expenses.
       6. Contingency Accounts.--For all appropriations where 
     assessments are made against various budget activities or 
     allocations for contingencies the Committees expect a full 
     explanation, as part of the budget justification, consistent 
     with section 405 of this Act. The explanation shall show the 
     amount of the assessment, the activities assessed, and the 
     purpose of the fund. The Committees expect reports each year 
     detailing the use of these funds. In no case shall a fund be 
     used to finance projects and activities disapproved or 
     limited by Congress or to finance new permanent positions or 
     to finance programs or activities that could be foreseen and 
     included in the normal budget review process. Contingency 
     funds shall not be used to initiate new programs.
       7. Report Language.--Any limitation, directive, or 
     earmarking contained in either the House or Senate report 
     which is not contradicted by the other report nor 
     specifically denied in the conference report shall be 
     considered as having been approved by both Houses of 
     Congress.
       8. Assessments.--No assessments shall be levied against any 
     program, budget activity, subactivity, or project funded by 
     the Interior, Environment, and Related Agencies 
     Appropriations Act unless such assessments and the basis 
     therefore are presented to the Committees and are approved by 
     such Committees, in compliance with these procedures.
       9. Land Acquisitions and Forest Legacy.--(a) Lands shall 
     not be acquired for more than the approved appraised value 
     (as addressed in section 301(3) of Public Law 91-646) except 
     for condemnations and declarations of taking, unless such 
     acquisitions are submitted to the Committees for approval in 
     compliance with these procedures.
       (b) Subsection (a) does not apply to the National Park 
     Service for tracts with an appraised value of $500,000 or 
     less.
       10. Land Exchanges.--Land exchanges, wherein the estimated 
     value of the Federal lands to be exchanged is greater than 
     $500,000, shall not be consummated until the Committees have 
     had a 30-day period in which to examine the proposed 
     exchange.
       11. Appropriations Structure.--The appropriation structure 
     for any agency shall not be altered without advance approval 
     of the Committees.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       BUREAU OF LAND MANAGEMENT

                   Management of Lands and Resources

       The conference agreement provides $860,791,000 for 
     management of lands and resources instead of $845,783,000 as 
     proposed by the House and $867,045,000 as proposed by the 
     Senate.
       Land Resources.--Changes to the House level for land 
     resources include an increase of $1,000,000 for the National 
     Center for Invasive Plant Management, and decreases of 
     $100,000 for Santa Ana River land management, $156,000 for 
     Wyoming soil surveys, which is addressed under realty and 
     ownership management, and $250,000 for Santa Ana River 
     conservation efforts.
       The managers encourage the Bureau to work with the Bighorn 
     Institute to conserve and recover the peninsular desert 
     bighorn sheep.
       The managers are aware of the Salt Cedar Task Force's work 
     in northeast Montana and encourage the Bureau to explore 
     methods of partnering with the task force on control and 
     eradication efforts surrounding Fort Peck Reservoir.
       Within the funds provided for Santa Ana River conservation 
     efforts, $100,000 should be directed to the land management 
     planning effort.
       Recreation Management.--Changes to the House level for 
     recreation management include an increase of $1,000,000 for 
     the undaunted stewardship program and a decrease of $500,000 
     for Santa Rosa and San Jacinto National Monument management 
     plans.
       Energy and Minerals.--Changes to the House level for energy 
     and minerals include an increase of $1,000,000 for oil and 
     gas management.
       The managers do not include funding for the Utah Oil and 
     Gas internet pilot program due to the Bureau's inability to 
     perform the pilot at this time but encourage the Bureau to 
     work to develop this capability.
       Realty Ownership and Management.--Changes to the House 
     level for realty ownership and management include increases 
     of $7,000,000 for Alaska conveyance, $300,000 for GIS mapping 
     in Utah, $750,000 for recordable disclaimer applications in 
     Alaska, $160,000 for Wyoming soil surveys and $950,000 for a 
     cadastral survey in Montana.
       Resource Protection and Maintenance.--Changes to the House 
     level for resource protection and maintenance include a 
     decrease of $250,000 for California desert conservation 
     plans.
       The managers agree that law enforcement funds provided 
     above the requested level should be used in National 
     Landscape Conservation System lands in Montana, Colorado, 
     California, and other NLCS lands not included in the 
     Administration's requested increased above the enacted level.
       Transportation and Facilities Maintenance.--Changes to the 
     House level for transportation and facilities maintenance 
     include increases of $750,000 for capping oil wells in the 
     National Petroleum Reserve Alaska and $750,000 for Pacific 
     Crest, Continental Divide and Iditarod trails.
       Challenge Cost Share.--Changes to the House level for 
     challenge cost share include an increase of $2,604,000 for 
     the traditional challenge cost share program.
       The Administration's budget request included a proposal to 
     eliminate the range improvement account and included 
     $3,000,000 in the cooperative conservation initiative and 
     $7,000,000 in the deferred maintenance program to fund the 
     activities performed by the range improvement account. The 
     managers have restored the range improvement account, but 
     direct the Bureau to focus no less than $4,000,000 from the 
     deferred maintenance program to the range improvement 
     activities suggested in the budget justification. 
     Furthermore, the Bureau is expected to focus at least 
     $3,000,000 of challenge cost share activities on range 
     activities including

[[Page 17681]]

     sagebrush restoration and invasive weed control.
       Bill Language.--The conference agreement retains language 
     included in the Senate bill that earmarks $1,250,000 for the 
     Youth Conservation Corps program. The House bill recommended 
     $1,000,000 for this purpose.

                        Wildland Fire Management


                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $766,564,000 for wildland 
     fire management as proposed by the Senate instead of 
     $761,564,000 as proposed by the House.
       State and Local Fire Assistance.--The change to the House 
     level for State and local fire assistance is an increase of 
     $5,000,000.
       The managers agree that funding for the National Center for 
     Landscape Fire Analysis shall remain at or above the fiscal 
     year 2005 enacted level.
       Bill Language.--The conference agreement includes language 
     contained in the House bill allowing for the transfer of up 
     to $9,000,000 of wildland fire management funds between the 
     Department of the Interior and the Department of Agriculture. 
     The Senate contained similar language.

                              Construction

       The conference agreement provides $11,926,000 for 
     construction instead of $11,476,000 as proposed by the House 
     and $9,976,000 as proposed by the Senate.
       Changes to the House level for construction include 
     increases of $1,500,000 for the Sand Hollow Recreation MOU 
     with the State of Utah, which completes the project, $450,000 
     for the Paiute Meadows Trail project, and a decrease of 
     $1,500,000 for general construction projects.

                            Land Acquisition

       The conference agreement provides $8,750,000 for land 
     acquisition instead of $3,817,000 as proposed by the House 
     and $12,250,000 as proposed by the Senate.
       The managers agree to the following distribution of funds:

        Area (State)                                             Amount
Colorado River SRMA (UT).....................................$1,200,000
Oregon NWSR/North Fork Owyhee NWSR (OR).........................650,000
Sandy River/Oregon NHT (OR)...................................1,600,000
Santa Rosa and San Jacinto Mountains NM (CA)....................500,000
Upper Snake/South Fork Snake River ACEC/SRMA (ID).............1,500,000
                                                       ________________
                                                       
    Subtotal..................................................5,450,000
Emergencies and Hardships.....................................1,000,000
Acquisition Management........................................2,300,000
                                                       ________________
                                                       
    Total.....................................................8,750,000

                   Oregon and California Grant Lands

       The conference agreement provides $110,070,000 for Oregon 
     and California grant lands as proposed by both the House and 
     Senate.

                           Range Improvements

       The conference agreement provides an indefinite 
     appropriation for range improvements of not less than 
     $10,000,000 as proposed by both the House and the Senate.

               Service Charges, Deposits, and Forfeitures

       The conference agreement provides an indefinite 
     appropriation for service charges, deposits, and forfeitures, 
     which is estimated to be $32,940,000, as proposed by both the 
     House and the Senate.

                       Miscellaneous Trust Funds

       The conference agreement provides an indefinite 
     appropriation of $12,405,000 for miscellaneous trust funds as 
     proposed by both the House and the Senate.

                United States Fish and Wildlife Service


                          RESOURCE MANAGEMENT

       The conference agreement provides $1,008,880,000 for 
     resource management instead of $1,005,225,000 as proposed by 
     the House and $993,485,000 as proposed by the Senate. Changes 
     to the House recommended level are described below.
       Ecological Services.--In Endangered Species Act recovery 
     programs, there are decreases of $298,000 for wolf recovery 
     and $150,000 for the Northern aplomado falcon and increases 
     of $1,114,000 for the Yellowstone grizzly bear conservation 
     strategy, $500,000 for Lahontan cutthroat trout, $1,000,000 
     for the Penobscot River restoration project, $1,000,000 for 
     Atlantic salmon recovery activities managed through the 
     National Fish and Wildlife Foundation, $1,200,000 for eider 
     and sea otter recovery at the Alaska SeaLife Center, and 
     $350,000 for White Sulphur Springs NFH, WV, mussel recovery.
       In habitat conservation, increases for the partners for 
     fish and wildlife program include $1,000,000 for Seattle, WA, 
     shoreline restoration for salmon habitat, $700,000 for Big 
     Hole watershed restoration in Montana, $500,000 for the 
     Montana Water Center wild fish habitat initiative, $1,250,000 
     for the Nevada biodiversity research and conservation 
     project, $100,000 for Bald eagle restoration with the Vermont 
     Natural Heritage Partners program, $540,000 for conservation 
     work at Don Edwards NWR, CA, $1,000,000 for the wildlife 
     enterprises program at Mississippi State University, $150,000 
     for the Thunder Basin initiative in Wyoming, $100,000 for 
     invasive species control by the Friends of Lake Sakakawea, 
     $550,000 for endangered bird conservation in Hawaii, $500,000 
     for geographic information system mapping of NWRs in Alaska, 
     and $425,000 for the study of declining wildlife populations 
     on Lake Umbagog NWR with the New Hampshire Audubon Society. 
     These increases are offset by a decrease of $100,000 for a 
     study of Colorado River flow and aquatic habitats (Blue 
     sucker) from Longhorn Dam to Matagorda Bay and a $9,000,000 
     reduction to the general program increase proposed in the 
     budget request.
       In coastal programs, there is an increase of $200,000 in 
     support of the proposed general program expansion.
       Refuges and Wildlife.--In refuge operations/refuge visitor 
     services, there is a decrease of $1,000,000 for visitor 
     facility enhancements. The managers note that $5,000,000 is 
     provided in the construction account for visitor contact 
     facilities.
       In migratory bird management, there are increases in 
     conservation and monitoring of $375,000 for focal species 
     management, $100,000 for survey and monitoring, and $100,000 
     for population and habitat assessment. In the joint ventures 
     program, there is an increase of $100,000 in national 
     administration for a program assessment of existing joint 
     ventures and an increase of $400,000 to initiate the Central 
     Hardwoods and the Northern Great Plains joint ventures.
       In law enforcement operations, there is a decrease of 
     $100,000 for vehicle replacement.
       Fisheries.--In the fisheries program, there are increases 
     in hatchery operations of $600,000 for hatchery operations, 
     $1,400,000 for whirling disease and related fish health 
     issues, and $500,000 for the wildlife health center in 
     Montana. In hatchery maintenance, there is a decrease of 
     $1,500,000 for whirling disease; funds for this program have 
     been moved to hatchery operations. In fish and wildlife 
     management, there are decreases of $750,000 for the national 
     fish habitat initiative and $350,000 for Yukon River Salmon 
     Treaty implementation and an increase of $102,000 for aquatic 
     nuisance species control.
       General Administration.--In general operations, increases 
     include $250,000 for National Conservation Training Center 
     operations and $397,000 for NCTC maintenance. In 
     international programs, increases include $300,000 for the 
     Caddo Lake Ramsar Center in Texas and $100,000 for the 
     wildlife without borders Africa program.
       Bill Language.--Language is included earmarking $2,500,000 
     for the Youth Conservation Corps as proposed by the Senate 
     instead of $2,000,000 as proposed by the House.
       The managers agree to the following:
       1. The funds provided for wolf recovery include $350,000 
     for the Nez Perce Tribe, $730,000 for the Idaho Office of 
     Species Conservation, $100,000 for the Service's Snake River 
     Basin Office pursuant to a memorandum of agreement between 
     the Nez Perce Tribe and the State of Idaho, and $320,000 for 
     wolf monitoring and related activities by the State of 
     Montana.
       2. The $1,000,000 provided in the ESA recovery program for 
     the Penobscot River restoration project represents the first 
     time funding has been provided in the Service's budget. Funds 
     were provided for the project by the National Oceanic and 
     Atmospheric Administration last fiscal year; additional funds 
     are anticipated through the Army Corps of Engineers and NOAA 
     in fiscal year 2006; and the State of Maine along with 
     private groups are also expected to provide funds for 
     removing dams on the Penobscot River. The managers will 
     carefully analyze any future requests for funding from the 
     Fish and Wildlife Service budget for this project with the 
     expectation that the aforementioned other entities will be 
     the primary contributors to the project.
       3. The Peregrine Fund is funded at $550,000 in fiscal year 
     2006, which includes $150,000 for Northern aplomado falcon 
     recovery activities.
       4. The funding provided in the partners for fish and 
     wildlife program for a study of declining wildlife 
     populations on Lake Umbagog NWR in cooperation with the New 
     Hampshire Audubon Society, will complete this project.
       5. The managers are concerned that for the past two years 
     the white pelican population at Chase Lake NWR, ND, has 
     experienced unexplained disturbances. In 2004, nearly 30,000 
     pelicans abandoned the colony and in 2005, inspections 
     revealed only about 500 live chicks out of a potential summer 
     hatch of 9,000.
       The managers are aware that the Service is working to 
     determine the scope of these problems and expects the Service 
     to report to the House and Senate Committees on 
     Appropriations no later than October 1, 2005, on what it 
     believes is the cause of the 2004 abandonment and the 2005 
     deaths and what steps it believes are necessary to reverse 
     this trend.
       6. The managers are aware that the Service is currently 
     working on the Comprehensive Conservation Plan for Vieques 
     NWR in Puerto Rico. In an effort to keep the House and Senate 
     Committees on Appropriations informed on the progress and 
     scope of the CCP, the Service should report to the Committees 
     by January 1, 2006, on plan development and

[[Page 17682]]

     on environmental cleanup efforts currently being conducted on 
     Vieques NWR, the expected cost of the cleanup, if known, and 
     the methods being used to dispose of ordinance.
       7. The managers continue to be concerned about the 
     Service?s share of the cost of airport operations at Midway 
     Atoll NWR. The managers also are concerned about the 
     unresolved issues surrounding a new contract for airport 
     operations and funding by the Federal Aviation 
     Administration. The managers understand that FAA will cover 
     the costs associated with the airfield in fiscal year 2006 
     and beyond and that the Service will pay an appropriate share 
     of the indirect costs in addition to paying ongoing refuge 
     operations costs. The total cost to the Service for all 
     operations at Midway is expected to be $4.3 million in fiscal 
     year 2006. The managers note that the airport is not needed 
     for refuge operations and the managers will not agree to a 
     reprogramming for additional funds for airport-related 
     expenses in fiscal year 2006 unless there is a compelling, 
     unanticipated, emergency requirement. Further, to the extent 
     the new airport contract results in savings, the Service 
     should share in those savings. The House and Senate 
     Committees on Appropriations should be notified when the 
     contract is awarded.
       8. No additional funding is provided for existing joint 
     ventures in fiscal year 2006. The $100,000 provided in the 
     migratory bird management program for national administration 
     of joint venture activities is for a program assessment of 
     the existing joint venture programs. To the extent that 
     future funding increases are requested for joint ventures, 
     the funding should be based on the results of the program 
     assessment. Likewise, if the assessment determines that 
     certain joint ventures are not yielding desired results, the 
     managers believe the Service should consider decreased 
     funding for those projects in future budget requests.
       9. The $1,400,000 provided for whirling disease research 
     includes $1,000,000 for the National Partnership on the 
     Management of Wild and Native Coldwater Fisheries and 
     $400,000 for the Whirling Disease Foundation.
       10. Funding for whirling disease research and related fish 
     health issues and for the wildlife health center in Montana 
     is provided in the hatchery operations budget. The Service 
     should reprogram any other base budget funds for these 
     activities in fiscal year 2006 to the hatchery operations 
     budget and should budget for these activities in hatchery 
     operations in future budget requests.
       11. An increase of $1,000,000 is provided for continued 
     development of the National Fish Habitat Initiative. 
     Distribution of these funds should follow the direction in 
     House Report 109-80.
       12. The fisheries program should continue to keep the House 
     and Senate Committees on Appropriations apprised of its 
     efforts to address base budget erosion and inequities in 
     field station funding, including consideration of 
     reimbursable funding.
       13. The funds provided for the Caddo Lake Ramsar Center in 
     Texas are for conservation and education programs directly 
     related to Caddo Lake and may not be used for infrastructure, 
     construction-related projects, legal or management fees, or 
     any other purposes. The Center should work cooperatively with 
     Texas A&M University on preparing a program of work for 
     fiscal year 2006.

                              Construction

       The conference agreement provides $45,891,000 for 
     construction instead of $41,206,000 as proposed by the House 
     and $31,811,000 as proposed by the Senate. The managers agree 
     to the following distribution of funds:

                         [Dollars in thousands]
------------------------------------------------------------------------
              Project                      Description          Amount
------------------------------------------------------------------------
Allegheny NFH, PA..................  Water Supply                   $250
                                      Improvements
                                      [complete planning].
Balcones Canyonlands NWR, TX.......  Martin Lake and Martin          500
                                      West Dams [p/d/cc].
Big Oaks NWR, IN...................  Old Timbers Lake Dam            150
                                      Rehabilitation--Phase
                                      II [d/cc].
Clark R. Bavin Forensics             Renovation/Upgrade            3,355
 Laboratory, OR.                      Facility--Phase II
                                      [cc].
Crab Orchard NWR, IL...............  Visitor Center Dam            2,625
                                      Rehabilitation [cc].
Craig Brook NFH, ME................  Wastewater Treatment          2,480
                                      Compliance--Phase III
                                      [cc].
Division of Safety, Security and     Replacement of Survey         1,500
 Aviation.                            Aircraft--Phase III.
Garrison Dam NFH, ND...............  Hatchery renovation             200
                                      [completes 9 of 17
                                      pond liners].
Hakalau Forest NWR, HI.............  Ungulate Control                700
                                      Fencing [c].
Hanford Reach NM/Saddle Mountain     Visitor Center........        2,250
 NWR, WA.
Kenai NWR, AK......................  Visitor Center/Water            500
                                      and Sewer Lines [cc].
Klamath Basin NWR Complex, CA......  Water Supply and              1,000
                                      Management--Phase V.
Kodiak NWR, AK.....................  Visitor Center [cc]...        4,000
Kofa NWR, AZ.......................  Structural Replacement        1,515
                                      of Four Buildings--
                                      Phase II [cc].
Northwest Power Planning Area......  Fish Screens, etc.....        2,000
Ohio River Islands NWR, WV.........  Erosion protection for          435
                                      Middle & Buckley
                                      Islands.
Servicewide........................  Bridge Safety                   570
                                      Inspections.
Servicewide........................  Dam Safety Programs &           720
                                      Inspections.
Servicewide........................  Visitor Contact               5,000
                                      Facilities.
Sevilleta NWR, NM..................  Laboratory                    2,100
                                      Construction [cc].
Tualatin NWR, OR...................  Visitor Center and            3,900
                                      Administration
                                      Building [cc].
White Sulphur Springs NFH, WV......  Maintenance, grounds            525
                                      improvements,
                                      quarters
                                      rehabilitation.
                                                            ------------
    Subtotal, Line Item              ......................       36,275
     Construction.
                                                            ============
Nationwide Engineering Services:
    Cost Allocation Methodology....  ......................        2,456
    Environmental Compliance.......  ......................        1,000
    Other, non-project specific      ......................        5,900
     Nationwide Engineering
     Services.
    Seismic Safety Program.........  ......................          130
    Waste Prevention, Recycling      ......................          130
     Environmental Management.
                                                            ------------
    Subtotal, Nationwide             ......................        9,616
     Engineering Services.
                                                            ============
        Total......................  ......................      $45,891
------------------------------------------------------------------------

       Bill Language.--The conference agreement includes language 
     proposed by the Senate transferring funds appropriated in 
     fiscal year 2005 for the Chase Lake and Arrowwood NWRs, ND, 
     to North Dakota State University to complete planning and 
     design for a joint interpretive center. The House had no 
     similar provision.
       The managers agree to the following:
       1. The $700,000 in funding for Hakalau Forest NWR, HI, 
     ungulate control fencing is provided with the understanding 
     that an additional $400,000 will need to be provided in 
     fiscal year 2007 to complete the project.
       2. The funding provided for the Hanford Reach, WA visitor 
     center completes the Federal commitment to this project.
       3. The $4,000,000 in funding for Kodiak NWR, AK, visitor 
     center is sufficient to complete construction. The managers 
     agree that an additional $400,000 will need to be provided in 
     fiscal year 2007 to complete the acquisition of furnishings 
     and equipment for the center.
       4. The Service should reprogram $350,000 from the completed 
     Orangeburg dam project at Orangeburg NFH, SC, to complete the 
     waterline construction project at the National Conservation 
     Training Center.
       5. The funding provided for laboratory construction at 
     Sevilleta NWR, NM completes this project.
       6. The $525,000 provided for White Sulphur Springs NFH, WV, 
     includes $400,000 for maintenance and grounds improvements 
     and $125,000 for quarters rehabilitation. An additional 
     $125,000 will need to be provided in fiscal year 2007 to 
     complete the quarters renovation.

                            Land Acquisition

       The conference agreement provides $28,408,000 for land 
     acquisition instead of $14,937,000 as proposed by the House 
     and $40,827,000 as proposed by the Senate.
       The managers agree to the following distribution of funds:

        Area (State)                                             Amount
Alaska Peninsula NWR (AK)......................................$400,000
Balcones Canyonlands NWR (TX)...................................500,000
Cache River NWR (AR)............................................809,000
Cahaba NWR (AL).................................................421,000
Canaan Valley NWR (WV)..........................................190,000
Clark's River NWR (KY)..........................................200,000
Dakota Tallgrass Prairie WMA (SD/ND)............................500,000
Eastern Shore NWR (VA)........................................2,000,000
Edwin B. Forsythe NWR (NJ)......................................300,000
Lake Atascosa NWR (TX)..........................................400,000
Lake Umbagog NWR (NH)...........................................500,000
Lower Rio Grande Valley NWR (TX)................................800,000
Northern Tallgrass Prairie NWR (MN/IA)..........................500,000

[[Page 17683]]

Primehook NWR (DE)..............................................250,000
Rachel Carson NWR (ME)..........................................600,000
Rhode Island Refuge Complex (RI)................................525,000
Rocky Mountain Front (MT).....................................1,000,000
San Joaquin River NWR (CA)......................................450,000
Silvio O. Conte NFWR (NH, VT, CT, MA)...........................650,000
Tensas River NWR (LA).........................................1,900,000
Togiak NWR (AK).................................................300,000
Upper Klamath Lake NWR, Barnes Tract (OR).....................2,000,000
Use of carryover/anticipated slippage........................-1,500,000
                                                       ________________
                                                       
    Subtotal.................................................13,695,000
Inholdings....................................................1,500,000
Emergencies and Hardships.....................................1,500,000
Exchanges.....................................................1,500,000
Acquisition Management........................................8,393,000
Cost Allocation Methodology...................................1,820,000
                                                       ________________
                                                       
    Total...................................................$28,408,000

       Bill Language.--The conference agreement retains language 
     proposed by the House providing 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.
       The managers agree to the following:
       1. Funds appropriated in fiscal year 2006 for Tensas River 
     NWR (LA) completes this land acquisition project.
       2. Within funds provided for the Silvio Conte NWR, not less 
     than $500,000 is for the Pondicherry Division.
       3. Within funds provided for acquisition management, 
     $500,000 is for an environmental impact statement of the 
     proposed Yukon Flats land exchange between Doyon Ltd. and the 
     United States Fish and Wildlife Service.

                      Landowner Incentive Program

       The conference agreement provides $24,000,000 for the 
     landowner incentive program instead of $23,700,000 as 
     proposed by the House and $25,000,000 as proposed by the 
     Senate.

                       Private Stewardship Grants

       The conference agreement provides $7,386,000 for private 
     stewardship grants as proposed by the House instead of 
     $7,500,000 as proposed by the Senate.

            Cooperative Endangered Species Conservation Fund

       The conference agreement provides $82,200,000 for the 
     cooperative endangered species conservation fund instead of 
     $84,400,000 as proposed by the House and $80,000,000 as 
     proposed by the Senate.
       Bill Language.--The conference agreement includes language 
     earmarking $62,039,000 to be derived from the Land and Water 
     Conservation Fund instead of $64,239,000 as proposed by the 
     House and $45,653,000 as proposed by the Senate. A total of 
     $20,161,000 is derived from the Cooperative Endangered 
     Species Conservation Fund as proposed by the House instead of 
     $34,347,000 as proposed by the Senate.

                     National Wildlife Refuge Fund

       The conference agreement provides $14,414,000 for the 
     national wildlife refuge fund as proposed by both the House 
     and the Senate.

               North American Wetlands Conservation Fund

       The conference agreement provides $40,000,000 for the North 
     American wetlands conservation fund as proposed by the House 
     instead of $39,500,000 as proposed by the Senate.

                Neotropical Migratory Bird Conservation

       The conference agreement provides $4,000,000 for 
     neotropical migratory bird conservation as proposed by both 
     the House and the Senate.

                Multinational Species Conservation Fund

       The conference agreement provides $6,500,000 for the 
     multinational species conservation fund as proposed by the 
     Senate instead of $5,900,000 as proposed by the House. 
     Changes to the House recommended level include increases of 
     $200,000 for rhinoceros and tiger conservation and $400,000 
     for marine turtle conservation.

                    State and Tribal Wildlife Grants

       The conference agreement provides $68,500,000 for State and 
     Tribal wildlife grants instead of $65,000,000 as proposed by 
     the House and $72,000,000 as proposed by the Senate.
       Bill Language.--The conference agreement includes language 
     proposed by the House restating the October 1, 2005, deadline 
     for completion of State comprehensive wildlife conservation 
     plans and providing direction on distributing funds for 
     States with disapproved plans. The Senate had no similar 
     provisions.

                       Administrative Provisions

       The conference agreement does not specify the number of 
     replacement passenger motor vehicles that may be purchased by 
     the Service.
       The conference agreement includes a reference to the 
     current reprogramming guidelines, which are contained in the 
     front of the statement of the managers in this report.

                         NATIONAL PARK SERVICE

                 Operation of the National Park System

       The conference agreement provides $1,744,074,000 for the 
     operation of the national park system instead of 
     $1,754,199,000 as proposed by the House and $1,748,486,000 as 
     proposed by the Senate.
       The managers have provided an additional $20,000,000 for 
     recurring park base increases. Of this amount $15,000,000 is 
     provided for across the board increases for all park units 
     and $5,000,000 is available for high priority program 
     increases to specific parks. Within the $5,000,000, $500,000 
     is provided for national trails. This amount is in addition 
     to the increases provided in the budget request for pay and 
     fixed costs.
       The conference agreement provides $354,141,000 for resource 
     stewardship, instead of $354,116,000 as proposed by the House 
     and $354,841,000 as proposed by the Senate. Changes to the 
     House level include a reduction of $1,000,000 for inventory 
     and monitoring and increases of $225,000 for the 
     International Center for Science and Learning at Mammoth Cave 
     NP, $500,000 for air tour management and $300,000 for 
     Vanishing Treasures.
       The conference agreement provides $346,181,000 for visitor 
     services, the same as the House and Senate.
       The conference agreement provides $594,686,000 for 
     maintenance as proposed by the House instead of $595,186,000 
     as proposed by the Senate.
       Within the amount provided for repair and rehabilitation, 
     $80,000 is for campground rehabilitation at Ozark NSR, 
     $200,000 is for historic landscaping at Gettysburg NMP, 
     $200,000 is for Alice Ferguson (Wareham Lodge), $497,000 is 
     for Indiana Dunes NL (West Beach), $206,000 is for Indiana 
     Dunes NL (Dunbar Beach), $300,000 is for Death Valley NP (Cow 
     Creek), $140,000 is for San Juan NHS (sewer repairs), 
     $243,000 is for El Morro (restrooms), $250,000 is for 
     Timucuan NP&P (Kingsley Plantation), $250,000 is for the 
     George Washington Memorial Parkway, $310,000 is for Saratoga 
     NHP (Victory Woods), $375,000 is for Dayton Aviation NHP 
     (Wright Dunbar Plaza), $400,000 is for New River Gorge NR 
     (building stabilization), $340,000 is for New River Gorge NR 
     (HVAC), $350,000 is for Harpers Ferry NHP (building repairs), 
     $490,000 is for Harpers Ferry NHP (exhibits/trails), and 
     $640,000 is for Natchez Trace Parkway (re-striping and 
     sealing).
       The conference agreement provides $298,509,000 for park 
     support, instead of $298,659,000 as proposed by the House and 
     $301,721,000 as proposed by the Senate. Changes to the House 
     level include a decrease of $400,000 for Jamestown 2007 and 
     an increase of $250,000 for wild and scenic rivers. Funding 
     for Jamestown has been moved to the statutory or contractual 
     aid program.
       The conference agreement provides $130,557,000 for external 
     administrative costs, the same as the House and Senate.
       Bill language.--The conference agreement does not include 
     language proposed by the House relating to across the board 
     increases for parks. The managers agree to provide 
     $97,600,000 in 2-year funding for maintenance, repair and 
     rehabilitation, and an earmark of $2,000,000 for Youth 
     Conservation Corps projects.
       The conference agreement continues to earmark one-third of 
     the challenge cost share program for the National Trails 
     System. Foreign travel must continue to be pre-approved by 
     the Committees on Appropriations.
       The conference agreement has provided $48,000 for Johnstown 
     Area Heritage Association Museum and $785,000 for Ice Age 
     National Scientific Reserve in the statutory or contractual 
     aid program in the national recreation and preservation 
     account.
       The managers are aware of the recent completion of the 
     Natchez Trace Parkway. Given the historic significance of the 
     Parkway and its high visitation levels, the managers 
     encourage the Secretary to consider elevating the 
     superintendent's position to the senior executive service.

                       United States Park Police

       The conference agreement provides $81,411,000 for the 
     United States Park Police instead of $82,411,000 as proposed 
     by the House and $80,411,000 as proposed by the Senate. The 
     additional funds are for new recruit classes.

                  National Recreation and Preservation

       The conference agreement provides $54,965,000 for national 
     recreation and preservation, instead of $48,997,000 as 
     proposed by the House and $56,729,000 as proposed by the 
     Senate.
       The conference agreement provides $554,000 for recreation 
     programs, the same as the House and the Senate. The 
     conference agreement provides $9,845,000 for natural programs 
     instead of $9,545,000 as proposed by the House and 
     $10,045,000 as proposed by the Senate. The change to the 
     House level is an increase of $300,000 for rivers, trails and 
     conservation assistance.
       The conference agreement provides $20,028,000 for cultural 
     programs instead of $19,953,000 as proposed by the House and 
     $20,403,000 as proposed by the Senate. Changes to the House 
     level include an increase of $375,000 for underground 
     railroad to freedom grants. Decreases to the House level

[[Page 17684]]

     include $300,000 for a digitization design plan. Within 
     available funds, $300,000 is provided for Heritage 
     Preservation Inc.
       Within the funds provided for the cultural program, 
     $200,000 is to initiate planning authorized in the American 
     Revolution Commemoration Act. The Service is strongly 
     encouraged to include funding for this in the fiscal year 
     2007 budget. The managers expect the Service to address the 
     management and program issues detailed in the House report 
     regarding the Chesapeake Bay Gateways and Water Trails 
     program.
       The managers have once again provided funding for the 
     Center for Preservation Technology and Training in Louisiana. 
     The creation of this facility was recommended to the 
     Committee by the National Park Service, yet the budget 
     request did not include these funds. The managers strongly 
     urge the Service to include adequate funding for the Center 
     in future budget requests.
       The conference agreement provides $1,618,000 for 
     international park affairs, the same as the House and Senate. 
     The conference agreement provides $399,000 for environmental 
     and compliance review, the same as the House and the Senate. 
     The conference agreement provides $1,913,000 for grant 
     administration, the same as the House and the Senate.
       The conference agreement provides $13,400,000 for 
     designated heritage areas and $100,000 for administration. 
     Funds are to be distributed as follows:

        Project                                                  Amount
America's Agricultural Heritage Partnership....................$700,000
Augusta Canal National Heritage Area............................350,000
Automobile National Heritage Area...............................450,000
Blue Ridge National Heritage Area...............................800,000
Cane River National Heritage Area...............................800,000
Delaware and Lehigh National Heritage Corridor..................750,000
Erie Canalway National Heritage Corridor........................650,000
Essex National Heritage Area....................................800,000
Hudson River Valley National Heritage Area......................450,000
John H. Chafee Blackstone River Valley National Heritage Corrido800,000
Lackawanna Valley National Heritage Area........................500,000
Mississippi Gulf Coast National Heritage Area...................200,000
National Aviation Heritage Area.................................200,000
National Coal Heritage Area.....................................100,000
Ohio & Erie Canal National Heritage Corridor....................800,000
Oil Region National Heritage Area...............................200,000
Quinnebaug & Shetucket Rivers Valley National Heritage Corridor.800,000
Rivers of Steel National Heritage Area..........................800,000
Schuykill River Valley National Heritage Center.................450,000
Shenandoah Valley Battlefields National Historic District.......450,000
South Carolina National Heritage Corridor.......................800,000
Tennessee Civil War Heritage Area...............................400,000
Wheeling National Heritage Area.................................800,000
Yuma Crossing National Heritage Area............................350,000
                                                       ________________
                                                       
    Subtotal.................................................13,400,000
Technical Support...............................................100,000
                                                       ________________
                                                       
    Total, Heritage Partnership Programs....................$13,500,000

       The conference agreement provides $7,108,000 for statutory 
     or contractual aid, instead of no funding as proposed by the 
     House and $8,225,000 as proposed by the Senate. The funds 
     provided are to be distributed as follows:

        Project                                                  Amount
Brown Foundation...............................................$250,000
Chesapeake Bay Gateways & Water Trails........................1,500,000
Crossroads of the West Historic District........................500,000
Delta Interpretive Center, MS.................................1,000,000
Ft. Mandan, Ft. Lincoln, and No. Plains Foundations.............625,000
Harper's Ferry NHP (Niagara Movement)...........................300,000
Ice Age National Scientific Reserve.............................785,000
Jamestown 2007 (moved from ONPS)................................400,000
Johnstown Area Heritage Association..............................48,000
Lamprey River...................................................600,000
Native Hawaiian culture & arts program..........................600,000
Siege and Battle of Corinth Commission (Contraband Camp)........500,000
                                                       ________________
                                                       
    Total....................................................$7,108,000

                       Historic Preservation Fund

       The conference agreement provides $73,250,000 for the 
     historic preservation fund instead of $72,705,000 as proposed 
     by the House and $74,500,000 as proposed by the Senate.
       Changes to the House level include increases of $250,000 
     for States and Territories and $795,000 for Indian tribes. 
     Decreases to the House level include $500,000 for 
     historically black colleges and universities.
       The conference agreement includes a total of $30,000,000 
     for Save America's Treasures. Of this amount, $13,250,000 is 
     for competitive grants, of which $5,000,000 is provided for 
     Preserve America grants, and the balance of the funds are to 
     be distributed as follows:


        Project/State                                            Amount
Actors Theatre, KY.............................................$150,000
Anaconda-Deer Lodge Courthouse, MT..............................150,000
Athenaeum, VA....................................................75,000
Beacon Island Agate Basin Site, ND..............................250,000
Bethel Cultural Arts Center, SC.................................200,000
Black Horse Tavern, PA..........................................150,000
Brooklyn Arts Center at St. Andrews, Wilmington, NC.............180,000
Brookville Historic District, PA................................150,000
Bulgarian-Macedonian National Educational and Cultural Center...150,000
Bushrod Crawford/McClellan's HQ Building, WV....................250,000
Calfax Depot, CA.................................................50,000
Cambria Iron Works, PA..........................................200,000
Campo de Cahuenga, CA............................................75,000
Carlyle House, VA................................................50,000
Carnegie Library Building, Missoula, MT.........................400,000
Church of the Advocate, PA......................................125,000
Copiah County Courthouse, MS ,..................................225,000
Elson Mill, OH..................................................200,000
Fair Park, TX...................................................100,000
Fort Mitchell NHL, AL...........................................140,000
Freedmen's Cemetery, VA..........................................75,000
Ft. Gratiot Lighthouse, MI......................................400,000
Ft. Ticonderoga Pavillion, NY...................................150,000
Gadsby's Tavern, VA..............................................50,000
Graycliff Estate, NY............................................150,000
Greene Courthouse, MO,..........................................100,000
Hayes Presidential Home, OH.....................................400,000
Heroine Steamboat, OK...........................................200,000
Hickman House, MO...............................................250,000
High Bridge Stairway, Bronx, NY.................................200,000
Hinds County Courthouse, Raymond, MS............................225,000
Historic Bethlehem Partnership, 1762 Waterworks, PA.............150,000
Hudson Coal Company Shanty & Fan House, PA......................200,000
Indiana Harbor Branch library, IN...............................200,000
Jasper Courthouse, MO...........................................100,000
Jens Jensen Park, IL............................................175,000
John C. Campbell Folk School, NC................................200,000
John List House, WV.............................................250,000
Kam Wah Chung & Co. Museum, OR..................................400,000
Lac du Flambeau Boys & Girls Indian School.......................95,000
Landmark Theatre, NY............................................240,000
Las Vegas Historic Post Office, NV..............................540,000
Liberty Memorial Museum, MO.....................................300,000
McKelvy House at Lafayette College, PA..........................250,000
Minnequa Steel Works Archives & Museum, CO......................200,000
Mission San Miguel, CA..........................................300,000
Monroe Courthouse, MS...........................................150,000
Montrose City Hall Renovation, CO...............................100,000
Moravian College, PA............................................140,000
Morristown College, Morristown, TN..............................175,000
Moundville Archaeological Park, AL..............................500,000
Mount Royal Station & Train Shed, MD............................300,000
Mt. Sterling Methodist Church, KY...............................250,000
Murray Schoolhouse, CA...........................................30,000
Ocean Springs Community Center, MS..............................100,000
Old Capitol Museum, IA..........................................365,000
Olympic Stadium, WA.............................................150,000
Palace Theatre Renovations, Columbus, OH........................250,000
Pantages Theater, WA............................................150,000
Pearl Buck House, PA............................................140,000
Pelham Picture House, NY........................................200,000
Pennsylvania House, OH..........................................200,000
Plaza House and Vickrey-Brunswig Complex, CA....................200,000
Preservation Maryland Tobacco Barns, MD.........................200,000
President Benjamin Harrison Home, IN............................200,000
Randolph County Community Arts Center, WV.......................140,000
Rev. Harrison House Museum, MA..................................250,000

[[Page 17685]]

Roberson Museum and Science Center, NY..........................100,000
Shafter Research Center, CA.....................................200,000
Slater Memorial Park Bandshell, RI..............................100,000
Soldiers and Sailors Monument, OH...............................100,000
St. Ann Arts & Cultural Center, RI..............................300,000
St. Luke AME Church, KS.........................................100,000
St. Martin Parish Courthouse, LA................................150,000
Stanley Theater, NY.............................................250,000
Tecumseh Theatre, OH............................................200,000
Tioga County Council on the Arts, NY.............................20,000
Tule Lake Interment Camp, CA....................................200,000
USS Joseph P. Kennedy, MA.......................................300,000
Vermont History Center Auditorium, VT...........................300,000
Victory Memorial Drive Historic District, MN....................200,000
Waco Texas Mammoth Paleontology Site (preservation building), TX200,000
Walker-Eisen Building, CA.......................................150,000
Waterbury Historic Preservations, CT............................200,000
Wilox Park, Westerly, RI........................................150,000
Woodstock Craftsmen Guild/Byrdcille Art Colony, NY..............130,000
Woodward Opera House, OH........................................140,000
                                                       ________________
                                                       
    Total....................................................16,750,000

                              Construction


                     (including transfer of funds)

       The conference agreement provides $301,291,000 for 
     construction instead of $291,230,000 as proposed by the House 
     and $299,201,000 as proposed by the Senate. The funds are to 
     be distributed as follows:

        Project                                                  Amount
Abraham Lincoln Presidential Library & Museum................$1,000,000
Amistad NRA (upgrade water & wastewater systems, Diablo East).1,003,000
Big Bend NP (curatorial)......................................2,100,000
Blue Ridge Parkway (replace Otter Creek Bridge & campground serv804,000
Blue Ridge Parkway (visitor center)...........................3,500,000
Boston Harbor Islands NRA (construct floating docks)............832,000
Boston NHP (Bldg. 5)..........................................3,082,000
Chaco Culture NHP (replace & upgrade curation facilities w/ UN4,238,000
Chesapeake & Ohio Canal NHP (rehab Great Falls visitor ctr. & 
  facilities).................................................1,847,000
Cumberland Island NS (Plum Orchard home)......................3,247,000
Cuyahoga Valley NP (rehab)....................................2,500,000
Delaware Water Gap NRA (cabins).................................700,000
Delaware Water Gap NRA (replace Depew recreations site).......2,871,000
Everglades NP (modified water delivery system)...............25,000,000
Fire Island NS (West Entrance Ranger Sta. and construct restroom764,000
Flight 93 Memorial............................................1,000,000
Fort Larned NHS (North Officers' Quarters)....................1,159,000
Fort Washington Park (stabilization)..........................2,876,000
George Washington Mem. Parkway (rehab Arlington House)........1,251,000
Glacier NP (remove hazmat and correct fire egress at Many Glacier 
  hotel)........................................................758,000
Grand Portage NM (establish heritage center)..................4,000,000
Gulf Islands NS (rehab Ft. Pickens water system)................971,000
Harpers Ferry NHP (rehab Jackson Hs, School Hs Ridge trails/ways., 
  Arm.).........................................................510,000
Homestead NM (visitor center/heritage museum and education cen3,690,000
Hopewell Culture NHP (salvage arch. resources threatened by eros389,000
Hot Springs NP (rehab bathhouses).............................6,059,000
Independence NHP (Mall landscaping/infrastructure)............2,000,000
John H. Chafee Blackstone River Valley NHC......................500,000
Kalaupapa NHP (replace non-compliant cesspools)...............3,779,000
Kenai Fjords NP (multi-agency center)...........................495,000
Keweenaw NHP (Calumet & Hecla Bldg rehab, Phase II)...........1,650,000
Little Rock Central High School NHS (complete visitor center).5,100,000
Mark Twain Boyhood Home NHL (restoration).......................400,000
Moccasin Bend NAD (erosion)...................................2,000,000
Mt. Rainier NP (rehab structural components at Paradise Inn an7,900,000
Mt. Rainier NP (replace Jackson Visitor Ctr and rehab parking14,307,000
New River Gorge NR (various)....................................769,000
Olympic NP (Elwha River ecosystem)............................5,000,000
Pinnacles NM (relocate and replace maintenance & visitor facil4,794,000
Redwood NP (protect park resources by removing failing roads).2,169,000
San Francisco Maritime NHP (repair Sala Burton Maritime Museum4,350,000
Saugus Iron Works NHS (rehab resources for accessibility and s1,334,000
Shenandoah NP (rehab & remodel Panorama facility as visitor/learning 
  ctr)........................................................4,835,000
Shiloh NMP (Corinth interpretation).............................500,000
Southwest Pennsylvania Heritage Commission....................2,500,000
Statue of Liberty/Ellis Island NM (rehab Ellis Island seawall)8,452,000
Tuskegee Airmen NHS (preserve and rehab Moton Airfield site)..6,767,000
Utah Public Lands Artifact Preservation Act...................4,000,000
Valley Forge NHP (George Washington's headquarters)...........2,326,000
Western Artic National Parklands (NW Alaska Heritage Ctr & admin. 
  facil.)....................................................12,733,000
White House (structural and utility rehab)....................6,523,000
Wind Cave NP (replace failing wastewater treatment facility)..4,928,000
Wolf Trap NP (replace Main Gate facility, Filene Ctr; Phase 2)3,000,000
Yellowstone NP (Old Faithful Inn)............................11,118,000
Yellowstone NP (replace Madison wastewater facility)..........4,114,000
Yellowstone NP (replace Old Faithful Visitor Center).........11,175,000
Yosemite NP (replace haz. gas disinfect. sys., El Portal waste2,176,000
                                                       ________________
                                                       
    Subtotal, Line Item.....................................217,845,000
Emergency/unscheduled projects................................3,000,000
Housing replacement...........................................7,000,000
Dam safety....................................................2,662,000
Equipment replacement........................................26,000,000
Construction planning........................................19,925,000
Construction program management..............................28,105,000
General management planning..................................13,754,000
                                                       ________________
                                                       
    Subtotal, (before use of priors)........................318,291,000
Use of prior year unobligated balances......................-17,000,000
                                                       ________________
                                                       
    Total...................................................301,291,000
       The funds provided for general management planning should 
     be expended consistent with project directives in both the 
     House and Senate reports.
       Funds provided for Big Bend NP (curatorial facility), Grand 
     Portage NM (heritage center), Homestead NM (visitor center), 
     Little Rock Central High School NHS (visitor center), Wolf 
     Trap (main gate facility) and Yellowstone NP (Old Faithful 
     visitor center) are intended to complete these projects.
       Funds provided for the Flight 93 National Memorial may not 
     be used for land acquisition. The Service is strongly 
     encouraged to reduce dramatically the amount of land required 
     for this project.
       The managers expect the National Park Service and the 
     legislated partners for the Dayton Aviation Heritage National 
     Historical Park to collaborate in the development of a 
     priority list of requirements needed to fulfill the 
     authorized mission of the park. Such a list should give 
     consideration to both the recurring and non-recurring needs 
     of the park, and should serve as a framework for guiding 
     decisions about the most important investments needed to 
     further the park's purpose. The managers recognize that the 
     National Aviation Heritage Area may have a separate set of 
     priorities, but the priorities for the park and heritage area 
     should complement one another.
       The managers direct the National Park Service to explore 
     viable ways to encourage the sale, by concessioners or via 
     lease agreements (in accordance with real property leasing 
     authority, 36 CFR Part 17), of authentic American made 
     souvenirs, which reflect, educate, and celebrate the unique 
     history, spirit, culture, and natural treasures of

[[Page 17686]]

     the designated region and individual park, either through 
     existing concessioner retail operations or other appropriate 
     agreements. The managers expect a written report detailing 
     progress made by December 1, 2006.
       The managers encourage the Secretary to give priority 
     consideration for funding in the next round of Southern 
     Nevada Public Lands Management Act project approvals to the 
     water and wastewater system improvements that were proposed 
     in the fiscal year 2006 budget request for Lake Mead National 
     Recreation Area. The managers are aware that nearly $1 
     billion in revenues will be available in fiscal year 2006. Of 
     that amount, the Secretary of the Interior controls 85 
     percent. Projects such as these should be funded from this 
     source and not requested in the budget.
       The managers understand that private funds already raised 
     toward replacement visitor facilities at the U.S.S. Arizona 
     Memorial are available for planning and design of the new 
     facility. The National Park Service is nearing completion of 
     its review of this partnership construction project, and is 
     encouraged to complete the review and advance the project to 
     the next stage as expeditiously as possible. Before final 
     approval, the Director of the National Park Service should 
     forward to the House and Senate Committees on Appropriations 
     the details of the financing of this project. The managers 
     understand that the present facility is undersized for the 
     visitation to this park site, and that a new facility is 
     needed to address functional and structural requirements.
       Bill language.--The conference agreement provides $400,000 
     for the Mark Twain Boyhood Home NHL to be derived from the 
     Historic Preservation Fund. The agreement also includes 
     language proposed by the Senate permitting a solicitation 
     that includes the full scope of the contract for the Jackson 
     Visitor Center replacement and rehabilitation of the Paradise 
     Inn and Annex at Mount Rainier NP.
       The managers have included $25,000,000 for the purpose of 
     implementing the Modified Water Deliveries to Everglades 
     National Park project which will allow the Army Corps of 
     Engineers to continue this important restoration project so 
     as to restore more natural water flows to the park. The 
     $25,000,000 is subject to the reporting requirements of P.L. 
     108-108 and the availability of the funds is contingent upon 
     the appropriation and full availability of funds appropriated 
     to the Army Corps of Engineers for the purpose of 
     implementing the project, including the development of 
     detailed design documents for a bridge or series of bridges 
     for Tamiami Trail that will allow for restored water flows 
     between the water conservation areas and Everglades National 
     Park.

                    Land and Water Conservation Fund


                              (RESCISSION)

       The conference agreement rescinds the contract authority 
     provided for fiscal year 2006 by 16 U.S.C. 460l-10a as 
     proposed by both the House and the Senate.

                 Land Acquisition and State Assistance

       The conference agreement provides $64,909,000 for land 
     acquisition and State assistance instead of $9,421,000 as 
     proposed by the House and $86,005,000 as proposed by the 
     Senate.
       The managers agree to the following distribution of funds:

        Area (State)                                             Amount
Big Thicket National Preserve (TX)...........................$2,000,000
Chickamauga-Chattanooga NMP (TN)..............................1,800,000
Civil War Battlefield Sites (Grants)..........................3,000,000
Gauley River NRA (WV)...........................................500,000
Golden Gate NRA (CA)............................................525,000
Haleakala NP (HI).............................................3,700,000
Harpers Ferry NHP (WV)........................................2,000,000
Ice Age NST (WI)..............................................1,000,000
Lewis and Clark NHP (OR/WA)...................................1,600,000
New River Gorge NSR (WV)......................................2,000,000
Pinnacles NM (CA).............................................3,000,000
Piscataway Park (MD)............................................700,000
Shenandoah Valley Battlefields NHD (VA).......................1,000,000
Sleeping Bear Dunes NL (MI)...................................5,300,000
Wilson's Creek NB (MO)........................................1,200,000
Wrangell-St. Elias NP & P (AK)..................................750,000
                                                       ________________
                                                       
    Subtotal.................................................30,075,000
Emergencies and Hardships.....................................2,500,000
Acquisition Management........................................9,749,000
Inholdings....................................................2,500,000
Use of Prior Year Balances...................................-9,915,000
Stateside Grants.............................................28,413,000
Stateside Administration......................................1,587,000
                                                       ________________
                                                       
    Total...................................................$64,909,000

       Bill Language.--The conference agreement includes language 
     proposed by the Senate, providing that none of the funds 
     provided for the State assistance program may be used to 
     establish a contingency fund.
       The conferrence agreement rescinds $9,915,000 in prior year 
     funds from the Cat Island project at Gulf Islands National 
     Seashore, as proposed by the House.
       The managers agree that the heroic efforts by the 
     passengers of Flight 93 should be remembered with a lasting 
     memorial. Although no funds are provided for land 
     acquisition, $1,000,000 is included in the construction 
     account for planning activities.
       The managers have revised the reprogramming guidelines to 
     specify that the reprogramming requirement for acquisitions 
     in excess of appraised values does not apply to the National 
     Park Service for condemnations, declarations of taking, and 
     tracts with an appraised value of $500,000 or less. The 
     revised reprogramming guidelines are contained in the front 
     of the statement of the managers in this report.

                       Administrative Provisions

       The conference agreement does not include the longstanding 
     proviso providing that none of the funds may be used to 
     process any grant or contract documents which do not include 
     the text of 18 U.S.C. 1913.

                    UNITED STATES GEOLOGICAL SURVEY

                 Surveys, Investigations, and Research

       The conference agreement provides $976,035,000 for surveys, 
     investigations, and research instead of $974,586,000 as 
     proposed by the House and $963,057,000 as proposed by the 
     Senate.
       Mapping, Remote Sensing and Geographic Investigations.--The 
     change to the House level for mapping, remote sensing and 
     geographic investigations is a decrease of $2,000,000 for the 
     Landsat program.
       The managers direct the Survey to offset the decrease with 
     reductions in travel, administrative streamlining and buyout 
     savings throughout the Bureau.
       Geologic Hazards, Resources and Processes. Changes to the 
     House level for geologic hazards, resources and processes 
     include increases of $500,000 for Alaska gas hydrates, and 
     decreases of $648,000 for Florida shelf research, $412,000 
     for Puget Sound and $1,134,000 for Alaska mineral 
     assessments.
       The managers strongly disagree with the Administration's 
     proposed reductions to the minerals assessment program and 
     believe it is irresponsible for the Administration to 
     decrease or eliminate funding for what is clearly an 
     inherently Federal responsibility. The conference agreement 
     restores funding for this vital program to the enacted level.
       Water Resources Investigations.--Changes to the House level 
     for water resources investigations include increases of 
     $500,000 for the Memphis aquifer study, $230,000 for the 
     Ozark aquifer study, $1,250,000 to continue Tar Creek 
     remediation with the University of Oklahoma, $900,000 for 
     coalbed methane research on the Tongue River, $450,000 for 
     water monitoring in Hawaii, $295,000 for Lake Champlain 
     monitoring and a decrease of $450,000 for the San Pedro 
     partnership.
       The managers are concerned by continuing reports that 
     suggest the Survey's water resources program is providing or 
     seeking to provide a variety of commercial services to 
     Federal and non-Federal entities in direct competition with 
     the private sector. The managers have previously encouraged 
     the Survey to use the services of the private sector in the 
     conduct of its activities wherever feasible, cost effective, 
     and consistent with the quality standards and principles 
     pertaining to the effective performance of governmental 
     functions. The managers expect that the Survey should strive 
     to implement such a policy to the best of its ability in the 
     performance of its work.
       The managers agree that if the San Francisco South Bay salt 
     ponds project is a priority for the Survey, additional 
     funding should be requested in future budgets.
       The managers agree to continue the Lake Champlain 
     monitoring and research assessment activities and have 
     included increased funding of $295,000 to restore the program 
     to the enacted level. Future budget requests should include 
     sufficient funds for these operations.
       The managers agree that the Survey's participation in the 
     Long Term Estuary Assessment program should be continued at 
     the current year enacted level.
       Biological Research.--Changes to the House level for 
     biological research include increases of $100,000 for the 
     invasive species initiative, $350,000 to complete the Mark 
     Twain National Forest mining study, $800,000 for molecular 
     biology research at the Leetown Science Center, $200,000 for 
     the multidisciplinary water study at Leetown Science Center, 
     $350,000 for pallid sturgeon research, $200,000 for the 
     diamondback terrapin study, $400,000 to complete the Northern 
     Continental Divide Ecosystem study in Montana, $55,000 to 
     restore the base funding for Cooperative Research Units, 
     $400,000 for remote survey and monitoring equipment for the 
     ivory-billed woodpecker in Arkansas, $200,000 for the 
     University of Missouri-Columbia to establish a wetland 
     ecology center for excellence, and decreases of $150,000 for 
     a database of invasive species on national wildlife refuges 
     and $185,000 for equipment for the Anadromous Fish Research 
     Center.
       The managers have included a portion of the requested 
     funding increase for the invasive species initiative and 
     direct the Survey to fund the leafy spurge eradication 
     program proposed in the request.
       The managers have included funding for ivory-billed 
     woodpecker survey efforts in Arkansas. The funding should be 
     used in collaboration with Cornell University's Laboratory of 
     Ornithology and the U.S. Fish and

[[Page 17687]]

     Wildlife Service to conduct aerial and ground surveys using 
     remote video and acoustic technologies.
       The managers understand funding provided to the University 
     of Missouri-Columbia for the establishment of a wetland 
     ecology center of excellence should be used for one-time 
     start-up costs and this funding will not be included in 
     future appropriations.
       The managers remain concerned about the National Biological 
     Information Infrastructure program. No clearly coordinated 
     budgetary and programmatic plan has emerged for its 
     expansion, and the managers remain concerned about the reason 
     an Internet-based program that hosts biological information 
     must be geographically distributed.
       The managers understand that the multidisciplinary water 
     study at Leetown Science Center is nearing completion. The 
     Survey should provide a brief report to the House and Senate 
     Committees on Appropriations by December 31, 2005, evaluating 
     the research that has been conducted to date and outlining 
     what, if any, issues remain to be addressed in order to 
     finish the project.
       Science Support.--The change to the House level for science 
     support is a decrease of $2,000,000 for the Landsat program.
       The managers direct the Survey to offset the decrease with 
     reductions in travel, administrative streamlining and buyout 
     savings throughout the Bureau.
       Bill Language.--The conference agreement modifies language 
     included in both the House and Senate bills allowing the 
     Survey to publish and disseminate data.

                       Administrative Provisions

       The conference agreement includes language proposed by the 
     Senate that contained minor technical differences from the 
     House.

                      MINERALS MANAGEMENT SERVICE

                Royalty and Offshore Minerals Management

       The conference agreement provides $153,651,000 for royalty 
     and offshore minerals management instead of $152,676,000 as 
     proposed by the House and $152,516,000 as proposed by the 
     Senate. The managers agree to the following changes to the 
     House recommendations:
       1. The leasing and environmental program includes an 
     earmark of $150,000 within available funds for the Alaska 
     Whaling Commission as proposed by the Senate and there is a 
     decrease of $175,000 for fixed costs.
       2. Resource evaluation includes an increase of $900,000 for 
     the Center for Marine Resources, MS as proposed by the Senate 
     and a decrease of $100,000 for fixed costs.
       3. The regulatory program has a decrease of $200,000 for 
     fixed costs.
       4. The information management program has a decrease of 
     $200,000 for fixed costs.
       5. Royalty management includes an increase of $1,000,000 
     for the State and tribal audit program.
       6. General administration includes fixed cost decreases of 
     $250,000 for administrative operations and $150,000 for 
     general support services.
       7. The Department is undertaking a study of the impacts of 
     the merger of the GovWorks program into the National Business 
     Center. This study will also include an assessment of the 
     impact that this organizational realignment will have on 
     MMS's ability to carry out its mission. The managers 
     understand that an initial organizational transfer will 
     commence at the beginning of the fiscal year, but before the 
     final commencement of the restructuring, the managers expect 
     to receive a report on the impacts of the merger.

                           Oil Spill Research

       The conference agreement provides $7,006,000 for oil spill 
     research as proposed by both the House and the Senate.

          OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

                       Regulation and Technology

       The conference agreement provides $110,535,000 for 
     regulation and technology as proposed by both the House and 
     the Senate. This total includes an indefinite appropriation 
     estimated to be $100,000.

                    Abandoned Mine Reclamation Fund

       The conference agreement provides $188,014,000 for the 
     abandoned mine reclamation fund as proposed by both the House 
     and the Senate. The managers note that bill language within 
     Title I, general provisions, provides an extension until June 
     30, 2006, of the Secretary's authority to collect fees 
     pursuant to the Surface Mining Control and Reclamation Act. 
     The conference agreement includes the bill language proposed 
     by the House which provides for a one-time transfer of the 
     balance in the fund for the rural abandoned mine program, 
     which has not been used for 10 years, to the Federal share 
     fund, so the funds could be used in the future for 
     emergencies and other Federal obligations. The conference 
     agreement also includes the bill language recommended by the 
     Senate concerning special grant authorities for Maryland's 
     acid mine abatement program.

                        BUREAU OF INDIAN AFFAIRS

                      Operation of Indian Programs

       The conference agreement provides $1,991,490,000 for the 
     operation of Indian programs instead of $1,992,737,000 as 
     proposed by the House and $1,971,132,000 as proposed by the 
     Senate.
       The managers agree that an alternative budget structure for 
     the operation of Indian programs would provide greater 
     opportunity for reviewing funding levels and assessing 
     performance on a programmatic level. The managers are 
     concerned that there was inadequate consultation with Tribes 
     when preparing this new budget structure. The Bureau should 
     follow previous guidance given in the House and Senate 
     reports on this issue.
       Tribal Priority Allocations.--The change to the House level 
     for tribal priority allocations is a decrease of $750,000 for 
     the Indian Child Welfare Act.
       Other Recurring Programs.--Changes to the House level for 
     other recurring programs include increases of $12,500,000 for 
     tribally controlled community colleges, $500,000 for 
     technical assistance for tribally controlled community 
     colleges, $210,000 for fish hatchery maintenance, $98,000 for 
     the Alaska Sea Otter Commission, $450,000 for the Bering Sea 
     Fishermen's Association, $300,000 for the Chugach Regional 
     Resources Commission, $350,000 for Lake Roosevelt management, 
     and decreases of $12,000,000 for ISEP formula funding, 
     $1,500,000 for student transportation, $200,000 for 
     irrigation operations and maintenance, $1,000,000 for the 
     Washington State Fish and Wildlife program and $1,250,000 for 
     the Chippewa Ottawa Resource Authority.
       The managers have included funding in the ISEP program and 
     direct this increase to the Bureau's FOCUS program for 
     assisting at-risk children, encouraging more parental 
     participation in schools, and encouraging participation in 
     after-school activities.
       The managers are aware that the Department is examining how 
     to strengthen management of education programs and would 
     consider a reprogramming from education program adjustments 
     to support education management.
       The managers have retained the increases provided in both 
     the House and Senate bills for the Intertribal Bison 
     Cooperative.
       Non-recurring Programs.--Changes to the House level for 
     non-recurring programs include increases of $500,000 for the 
     Rocky Mountain Patient Advocate program, $750,000 for the 
     rural Alaska fire program, $1,500,000 for the Salish and 
     Kootenai College information technology program, $1,500,000 
     for water management planning, $400,000 for Alaska legal 
     services, and a decrease of $970,000 for the endangered 
     species program.
       The managers expect funding provided for the Rocky Mountain 
     Patient Advocate Program to be the last installment from this 
     account. The program is expected to seek other methods of 
     funding to become a self-sufficient, long term, advocacy 
     program for Native Americans seeking health care.
       The managers agree that within the water management and 
     planning program, $200,000 is for the operation, maintenance, 
     and repair of the Fort Peck Reservation tribal water system.
       Special Programs and Pooled Overhead.--Changes to the House 
     level for special programs and pooled overhead include 
     increases of $49,000 for the United Tribes Technical College, 
     $450,000 for the United Sioux Tribes Development Corporation, 
     $1,250,000 for the Western Heritage Center tribal history and 
     education project, $100,000 for the Rocky Mountain Tribal 
     education symposia, $74,000 for the Crownpoint Institute and 
     decreases of $4,500,000 for public safety and justice law 
     enforcement and $58,000 for the National Ironworkers Training 
     program.
       The managers believe that the United Tribes Technical 
     College and Crownpoint Institute are institutions of higher 
     learning that provide an educational benefit to Indian 
     country and should be included in future budget requests.
       Bill Language.--The conference agreement includes language 
     proposed by the Senate that continues to allow the use of 
     contract support funds for indirect contract support costs. 
     The House included language that allowed the use of contract 
     support funds for both direct and indirect costs.
       The managers believe that any change to the allocation of 
     contract support costs must be done formally with tribal 
     consultation and any funding for direct contract support 
     costs should be above the current levels provided for 
     indirect contract support costs.

                              Construction

       The conference agreement provides $275,637,000 for 
     construction instead of $284,137,000 as proposed by the House 
     and $267,137,000 as proposed by the Senate. Changes to the 
     House level include an increase of $7,500,000 for irrigation 
     projects and decreases of $10,000,000 for replacement school 
     construction, $1,000,000 for employee housing, and $5,000,000 
     for facilities improvement and repair.
       The addition of $7,500,000 in non-reimbursable construction 
     funds for Indian irrigation rehabilitation is separate from 
     the Navajo Indian Irrigation Project, which retains its own 
     construction budget of $12,773,000. Within the funds provided 
     for Indian irrigation rehabilitation, a number of Bureau and 
     tribal projects are in desperate need of immediate attention 
     to continue delivering water to users. The Bureau is expected 
     to consult with the House and Senate Committees on 
     Appropriations, in the form of a detailed proposal, prior to 
     obligating funds. The Bureau is expected to administer these 
     funds from

[[Page 17688]]

     the central office program level to address projects with the 
     greatest need of rehabilitation. Construction of new projects 
     or expansion of existing projects is secondary to the 
     rehabilitation, reconstruction, and necessary upgrade of 
     current irrigation projects and systems. Specific projects to 
     be addressed under these guidelines, and to be addressed in 
     the Bureau's proposal for the obligation of these funds are: 
     the Fort Yates Unit of the Standing Rock Sioux Project, the 
     Blackfeet Irrigation Project, the Crow Irrigation Project, 
     the Fort Belknap Irrigation Project, the Fort Peck Irrigation 
     Project, and the Wind River Irrigation Project.

 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS

       The conference agreement provides $34,754,000 for Indian 
     land and water claim settlements and miscellaneous payments 
     to Indians as proposed by the House instead of $24,754,000 as 
     proposed by the Senate.
       The managers have agreed to $10,000,000 for the Quinault 
     Indian Nation settlement and retained bill language included 
     in the House that authorized the payment. The managers 
     understand that this is the final payment for this 
     settlement.

                 Indian Guaranteed Loan Program Account

       The conference agreement provides $6,348,000 for the Indian 
     guaranteed loan program as proposed by both the House and the 
     Senate.

                          DEPARTMENTAL OFFICES

                            Insular Affairs

                       Assistance to Territories

       The conference agreement provides $76,883,000 for 
     assistance to territories instead of $76,563,000 as proposed 
     by the House and $76,683,000 as proposed by the Senate. 
     Changes in funding levels from the House recommendation 
     include the Senate recommendation for an additional $320,000 
     to continue judicial, court education, and court 
     administration training.

                      Compact of Free Association

       The conference agreement provides $5,362,000 for the 
     compact of free association as proposed by the House instead 
     of $4,862,000 as proposed by the Senate. The conference 
     agreement follows the funding recommendations made by the 
     House.

                        DEPARTMENTAL MANAGEMENT


                         Salaries and Expenses

       The conference agreement provides $127,183,000 for 
     departmental management instead of $97,755,000 as proposed by 
     the House and $104,627,000 as proposed by the Senate. The 
     changes described below are to the House recommended funding 
     level.
       Management and Coordination.--Performance data contracting/
     financial management is reduced by $250,000.
       Central Services.--IT certification and accreditation is 
     reduced by $322,000.
       Financial and Business Management System.--The conference 
     agreement reduces the Financial and Business Management 
     System by $1,000,000.
       Other Items.--The conference agreement restores $21,000,000 
     for necessary expenses for management of the Department of 
     the Interior.
       Bill Language.--The conference agreement retains language 
     proposed by the Senate deriving $7,441,000 from the Land and 
     Water Conservation Fund for consolidated land acquisition 
     appraisal services, and prohibiting the use of funds in this 
     Act or previous appropriations Acts to establish reserves in 
     the Working Capital Fund other than for accrued annual leave 
     and depreciation of equipment without prior House and Senate 
     Committee approval.

                       Payments in Lieu of Taxes

       The conference agreement provides $236,000,000 for payments 
     in lieu of taxes instead of $242,000,000 as proposed by the 
     House and $235,000,000 as proposed by the Senate.

                    Central Hazardous Materials Fund

       The conference agreement provides $9,855,000 for the 
     central hazardous materials fund as proposed by the House and 
     the Senate.
       The conference agreement includes language included in the 
     Senate bill that makes provisions for this account permanent. 
     The House did not include permanent language.

                        Office of the Solicitor


                         salaries and expenses

       The conference agreement provides $55,440,000 for the 
     office of the solicitor instead of $55,340,000 as proposed by 
     the House and $55,652,000 as proposed by the Senate. The 
     change described below is to the House recommended funding 
     level.
       General Administration.--Funding for a FOIA appeals support 
     position is increased by $100,000.

                      Office of Inspector General


                         salaries and expenses

       The conference agreement provides $39,116,000 for office of 
     inspector general as proposed by the Senate, instead of 
     $39,566,000 as proposed by the House. The changes described 
     below are to the House recommended funding level.
       Audits.--Funding for FISMA/audit capability is decreased by 
     $300,000.
       Investigations.--Funding for additional audit staff is 
     decreased by $150,000.

             OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

                         Federal Trust Programs

       The conference agreement provides $191,593,000 for Federal 
     trust programs as proposed by both the House and the Senate. 
     The managers have retained language contained in the House 
     bill that caps the total amount of funding that can be used 
     for historical accounting activities at $58,000,000.
       The managers are closely following efforts to settle the 
     long-standing Cobell v. Norton case and reiterate their 
     position that any settlement to the case must be implemented 
     in such a way that the programs in this bill are not 
     adversely affected. The House and Senate Committees on 
     Appropriations will not consider any settlement that 
     decreases available funding for programs in Indian country 
     funded in this bill. Further, the managers disagree with the 
     continued insistence by the court that the Department of the 
     Interior, to fulfill the intent of Congress, must perform a 
     full historical accounting. This results in the Department of 
     the Interior being forced to divert resources and negatively 
     impacts programs in Indian country.

                       Indian Land Consolidation

       The conference agreement provides $34,514,000 for Indian 
     land consolidation programs as proposed by both the House and 
     the Senate.

           NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

                Natural Resource Damage Assessment Fund

       The conference agreement provides $6,106,000 for the 
     natural resource damage assessment fund as proposed by both 
     the House and the Senate.

             General Provisions, Department of the Interior

       Section 101. The conference agreement modifies a provision 
     in section 101 of both the House and Senate bills, providing 
     Secretarial authority to transfer program funds for 
     expenditures in cases of emergency when all other emergency 
     funds are exhausted.
       Section 102. The conference agreement modifies a provision 
     in section 102 of both the House and Senate bills, providing 
     for expenditure or transfer of funds by the Secretary in the 
     event of actual or potential emergencies including forest 
     fires, range fires, earthquakes, floods, volcanic eruptions, 
     storms, oil spills, grasshopper and Mormon cricket outbreaks, 
     and surface mine reclamation emergencies. The modification 
     requires transferred funds to be replenished by a 
     supplemental appropriation and to be reimbursed on a pro rata 
     basis.
       Section 103. The conference agreement retains an identical 
     provision in section 103 of both the House and Senate bills, 
     continuing a provision providing for use of appropriated 
     funds for contracts, rental cars and aircraft, certain 
     library memberships, and certain telephone expenses.
       Section 104-106. The conference agreement retains identical 
     provisions in sections 104-106 of both the House and Senate 
     bills, continuing provisions prohibiting the expenditure of 
     funds for Outer Continental Shelf (OCS) leasing activities in 
     certain areas.
       Section 107. The conference agreement retains an identical 
     provision in section 108 of the House bill and section 107 of 
     the Senate bill, continuing a provision permitting the 
     transfer of funds between the Bureau of Indian Affairs and 
     the Office of Special Trustee for American Indians.
       Section 108. The conference agreement retains a provision 
     in section 108 of the Senate bill, continuing through fiscal 
     year 2010 a provision that allows the hiring of 
     administrative law judges to address the Indian probate 
     backlog. The House had a similar provision in section 109 of 
     the House bill.
       Section 109. The conference agreement retains an identical 
     provision in section 110 of the House bill and section 109 of 
     the Senate bill, continuing a provision permitting the 
     redistribution of tribal priority allocation and tribal base 
     funds to alleviate funding inequities.
       Section 110. The conference agreement retains a provision 
     in section 110 of the Senate bill, continuing a provision 
     requiring the allocation of Bureau of Indian Affairs 
     postsecondary schools funds consistent with unmet needs. The 
     House had a similar provision in section 111 of the House 
     bill.
       Section 111. The conference agreement retains an identical 
     provision in section 112 of the House bill and section 111 of 
     the Senate bill, continuing a provision permitting the 
     conveyance of the Twin Cities Research Center of the former 
     Bureau of Mines for the benefit of the National Wildlife 
     Refuge System.
       Section 112. The conference agreement retains an identical 
     provision in section 113 of the House bill and section 112 of 
     the Senate bill, continuing a provision authorizing the 
     Secretary of the Interior to use helicopters or motor 
     vehicles to capture and transport horses and burros at the 
     Sheldon and Hart National Wildlife Refuges.
       Section 113. The conference agreement modifies an identical 
     provision in section 114 of the House bill and section 113 of 
     the Senate bill, continuing a provision allowing certain 
     funds provided for land acquisition at the Shenandoah Valley 
     Battlefield NHD and

[[Page 17689]]

     Ice Age NST to be granted to a State, a local government, or 
     any other land management entity. The modification adds 
     Niobrara NSR.
       Section 114. The conference agreement retains an identical 
     provision in section 115 of the House bill and section 114 of 
     the Senate bill, continuing a provision prohibiting the 
     closure of the underground lunchroom at Carlsbad Caverns NP, 
     NM.
       Sec. 115. The conference agreement retains a provision in 
     section 116 of the House bill, continuing a provision 
     preventing the demolition of a bridge between New Jersey and 
     Ellis Island. The Senate had no similar provision.
       Sec. 116. The conference agreement retains an identical 
     provision in section 117 of the House bill and section 115 of 
     the Senate bill, continuing a provision limiting compensation 
     for the Special Master and Court Monitor appointed by the 
     Court in Cobell v. Norton to 200 percent of the highest 
     Senior Executive Service rate of pay.
       Sec. 117. The conference agreement retains an identical 
     provision in section 118 of the House bill and section 116 of 
     the Senate bill, continuing a provision allowing the 
     Secretary to pay private attorney fees for employees and 
     former employees incurred in connection with Cobell v. 
     Norton.
       Sec. 118. The conference agreement retains a provision in 
     section 119 of the House bill dealing with the U.S. Fish and 
     Wildlife Service's responsibilities for mass marking of 
     salmonid stocks. The Senate had no similar provision.
       Sec. 119. The conference agreement retains an identical 
     provision in section 121 of the House bill and section 117 of 
     the Senate bill, continuing a provision prohibiting certain 
     activities on lands described in section 123 of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2001, or land that is contiguous to that 
     land.
       Sec. 120. The conference agreement retains an identical 
     provision in section 122 of the House bill and 118 of the 
     Senate bill, continuing a provision prohibiting the use of 
     funds to study or implement a plan to drain or reduce water 
     levels in Lake Powell.
       Sec. 121. The conference agreement retains an identical 
     provision in section 123 of the House bill and section 119 of 
     the Senate bill, continuing a provision allowing the National 
     Indian Gaming Commission to collect $12,000,000 in fees for 
     fiscal year 2007.
       Sec. 122. The conference agreement retains a provision in 
     section 120 of the Senate bill, continuing a provision making 
     funds available to the tribes within the California Tribal 
     Trust Reform Consortium and others on the same basis as funds 
     were distributed in fiscal year 2003 and separates this 
     demonstration project from the Department of the Interior's 
     trust reform organization. The House had a similar provision 
     in section 124 of the House bill.
       Sec. 123. The conference agreement retains an identical 
     provision in section 125 of the House bill and section 121 of 
     the Senate bill, continuing a provision dealing with grazing 
     permits in the Jarbidge field office of the Bureau of Land 
     Management.
       Sec. 124. The conference agreement retains an identical 
     provision in section 126 of the House bill and section 122 of 
     the Senate bill, continuing a provision authorizing the 
     Secretary of the Interior to acquire lands for the operation 
     and maintenance of facilities in support of transportation of 
     visitors to Ellis, Governors, and Liberty Islands.
       Sec. 125. The conference agreement retains a provision in 
     section 127 of the House bill, continuing a provision 
     regarding special use grazing permits on the Mojave National 
     Preserve, CA. The Senate had no similar provision.
       Sec. 126. The conference agreement retains a provision in 
     section 123 of the Senate bill, continuing a provision 
     implementing rules concerning winter snowmobile use in 
     Yellowstone National Park. The House had a similar provision 
     with a slight technical difference in section 128 of the 
     House bill.
       Sec. 127. The conference agreement retains a provision in 
     section 124 of the Senate bill, requiring the Secretary of 
     the Interior to obtain the approval of the governing body of 
     an Indian tribe before closing or taking any other action 
     relating to a school of the tribe. The House had no similar 
     provision.
       Sec. 128. The conference agreement retains a provision in 
     section 126 of the Senate bill, extending authority of the 
     Kalaupapa National Historic Park Advisory Commission. The 
     House had no similar provision.
       Sec. 129. The conference agreement retains a provision in 
     section 127 of the Senate bill, extending the authority of 
     the Secretary of the Interior to collect fees pursuant to the 
     Surface Mining Control and Reclamation Act until June 20, 
     2006.
       Sec. 130. The conference agreement includes a new provision 
     prohibiting the use of funds to set up Centers of Excellence 
     and Partnership Skills Bank training without prior approval.
       Sec. 131. The conference agreement modifies a provision in 
     section 430 of the Senate bill that authorizes the National 
     Park Service to assess a fee on overnight lodging guests at 
     leased Fort Baker buildings in Golden Gate National 
     Recreation Area to pay the operating expenses associated with 
     the utilities and shuttle system of those facilities at Fort 
     Baker. The House had no similar provision.
       Sec. 132. The conference agreement modifies a provision in 
     section 431 of the Senate bill, authorizing the retention of 
     campground fees at Great Smoky Mountains National Park. The 
     House had no similar provision.
       Sec. 133. The conference agreement modifies a provision in 
     section 438 of the Senate bill, providing for a feasibility 
     study on designation of the Captain John Smith Chesapeake 
     National Historic Watertrail as a national historic trail. 
     The modification requires an analysis of the impacts on 
     privately owned land and water. The House had no similar 
     provision.
       Sec. 134. Provides $10,000,000 for the Martin Luther King, 
     Jr. Memorial in Washington, DC, and extends for two years the 
     authorization for the Memorial. The funds provided in this 
     section are to be matched by the newly raised, non-Federal 
     funds.
       The conference agreement does not include a provision in 
     section 107 of the House bill prohibiting the National Park 
     Service from reducing recreation fees for non-local travel 
     through any park unit.
       The conference agreement does not include a provision in 
     section 120 of the House bill dealing with paying for 
     operational needs at the Midway Atoll National Wildlife 
     Refuge airport using funds appropriated under the 
     ``Departmental Management, Salaries and Expenses'' 
     appropriation.
       The conference agreement does not include a provision in 
     section 129 of the House bill, limiting the use of funds for 
     staffing for the Department of the Interior's Office of Law 
     Enforcement and Security. The Department has assured the 
     managers that staffing will be limited to 34 full time 
     equivalent employees and eight detailed staff, except in the 
     event of an emergency.
       The conference agreement does not include a provision in 
     section 125 of the Senate bill authorizing the Secretary of 
     the Interior to collect and retain parking fees at the U.S.S. 
     Arizona Memorial. The managers understand that the Department 
     has determined that the Secretary currently has such 
     authority pursuant to the Federal Lands Recreation 
     Enhancement Act (FLREA).

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

       The conference agreement provides $741,722,000 for science 
     and technology instead of $765,340,000 as proposed by the 
     House and $730,795,000 as proposed by the Senate. Changes to 
     the House recommended level are described below.
       Air Toxics and Quality.--In air toxics and quality, there 
     is a decrease of $619,000 for the clean air allowance trading 
     programs.
       Climate Protection.--In climate protection programs, there 
     is a decrease of $1,000,000.
       Research/Congressional Priorities.--The conference 
     agreement provides a total of $33,275,000 for high priority 
     projects, a decrease of $6,725,000 below the House 
     recommended level. The managers have not agreed to a 
     competitive solicitation this year for these programs. This 
     issue may be revisited in future years. The managers agree to 
     the following distribution of funds:

------------------------------------------------------------------------
              State                      Project name           Amount
------------------------------------------------------------------------
 1. AL...........................  University of South          $500,000
                                    Alabama Center for
                                    Estuarine Research.
 2. CA...........................  Central California Ozone      375,000
                                    Study, San Joaquin
                                    Valleywide Air
                                    Pollution Study Agency.
 3. CA...........................  Irrigation Training and     1,200,000
                                    Research Center--Cal
                                    Poly., San Luis Obispo
                                    Flow Rate Measurement.
 4. DE...........................  Center for the Study of       250,000
                                    Metals in the
                                    Environment at the
                                    University of Delaware.
 5. FL...........................  FL Dept. of Citrus          1,000,000
                                    Abscission Chemical
                                    Studies.
 6. ID...........................  Boise State University        500,000
                                    to continue research on
                                    multi-purpose sensors
                                    to detect and analyze
                                    contaminants and time-
                                    lapse imaging of
                                    shallow subsurface
                                    fluid flow.
 7. IL...........................  Clean Air Counts program      800,000
                                    emission reduction
                                    partnership with the
                                    Illinois Environmental
                                    Protection Agency.
 8. KY...........................  University of Louisville    1,500,000
                                    Lung Biology/
                                    Translational Lung
                                    Disease Program.
 9. LA...........................  Louisiana Smart Growth        500,000
                                    program in the State of
                                    Louisiana.
10. NC...........................  UNC Charlotte VisualGRID      500,000
11. ND...........................  Center for Air Toxic        2,000,000
                                    Metals, EERC at the
                                    University of North
                                    Dakota.
12. NM...........................  National Environmental        500,000
                                    Respiratory Center
                                    [NERC] at the Lovelace
                                    Respiratory Research
                                    Institute in
                                    Albuquerque, New Mexico.
13. NY...........................  Alfred University Center      750,000
                                    for Environmental and
                                    Energy Research.
14. NY...........................  Environmental Systems       2,000,000
                                    Center of Excellence at
                                    Syracuse Univ., NY
                                    Indoor Environment
                                    Quality.
15. OH...........................  Ohio University               500,000
                                    Consortium for Energy,
                                    Economics, and the
                                    Environment.
16. OH...........................  The Ohio State                500,000
                                    University Olentangy
                                    River Wetlands Park
                                    Teaching, Research, and
                                    Outreach Initiative.
17. SD...........................  Missouri River Institute      400,000
                                    at the University of
                                    South Dakota.
18. TN...........................  University of Memphis         500,000
                                    Groundwater Institute
                                    to conduct a
                                    groundwater study.

[[Page 17690]]

 
19. TN...........................  University of Tennessee       500,000
                                    at Knoxville Natural
                                    Resources Policy Center.
20. TX...........................  Comprehensive assessment      200,000
                                    of Lake Whitney at
                                    Baylor University.
21. TX...........................  Environmental program at      450,000
                                    the Water Policy
                                    Institute at Texas Tech
                                    University.
22. TX...........................  Mickey Leland National      1,500,000
                                    Urban Air Toxic
                                    Research Center.
23. TX...........................  Poultry science project       200,000
                                    at Stephen F. Austin
                                    State University.
24. TX...........................  Texas Air Quality Study     2,000,000
                                    2.
25. TX...........................  Texas Institute for           400,000
                                    Applied Environmental
                                    Research.
26. TX...........................  Texas State University        800,000
                                    System Geography and
                                    Geology Project.
27. VT...........................  Aiken Greening at the         400,000
                                    University of Vermont.
28. VT...........................  Proctor Maple Research        200,000
                                    Station in Underhill,
                                    Vermont.
29. WI...........................  Paper industry byproduct      250,000
                                    waste reduction
                                    research in Wisconsin.
30. WV...........................  National Alternative        2,000,000
                                    Fuels Training
                                    Consortium at West
                                    Virginia University.
31...............................  American Water Works        1,000,000
                                    Association Research
                                    Foundation.
32...............................  Consortium for Plant          750,000
                                    Biotechnology Research.
33...............................  Mine Waste Technology       2,100,000
                                    program at the National
                                    Environmental Waste
                                    Technology, Testing,
                                    and Evaluation Center.
34...............................  New England Green             750,000
                                    Chemistry Consortium.
35...............................  Southwest Center for        1,500,000
                                    Environmental Research
                                    and Policy.
36...............................  Water Environment           3,000,000
                                    Research Foundation.
37...............................  Water Systems Council       1,000,000
                                    Wellcare Program.
                                  --------------------------------------
    Total........................    ......................   33,275,000
------------------------------------------------------------------------

       Research: Clean Air.--In research: clean air, there are 
     decreases of $600,000 for global change and $2,000,000 for 
     national ambient air quality standards.
       Research: Clean Water.--In research: clean water, there is 
     a decrease of $4,800,000 for water quality programs.
       Research: Human Health and Ecosystems.--In research: human 
     health and ecosystems, there is an increase of $15,000 for 
     fellowships and decreases of $213,000 for endocrine disruptor 
     research and $5,376,000 for other research, which includes 
     decreases of $2,000,000 for exploratory grants, $600,000 for 
     aggregate risks, $500,000 for condition assessments of 
     estuaries in the Gulf of Mexico, and $2,276,000 for a general 
     program reduction, which should be applied after consultation 
     with the House and Senate Committees on Appropriations.
       Research: Land Protection.--In research: land protection, 
     there is a decrease of $2,300,000 for land protection and 
     restoration.
       Other.--The managers do not agree with the transfer of 
     research funds to other offices. In addition to the offices 
     mentioned in House Report 109-80, this direction applies to 
     the Office of the Administrator, which was inadvertently 
     omitted from the House report.

                 Environmental Programs and Management

       The conference agreement provides $2,381,752,000 for 
     environmental programs and management instead of 
     $2,389,491,000 as proposed by the House and $2,333,416,000 as 
     proposed by the Senate. Changes to the House recommended 
     level are described below.
       Air Toxics and Quality.--In Federal support for air quality 
     management, there are decreases of $5,000,000 for the clean 
     diesel initiative and $5,000,000 for other program 
     activities. Other decreases include $400,000 for radiation 
     protection programs, $156,000 for stratospheric ozone 
     domestic programs, and $1,600,000 for stratospheric ozone 
     multilateral programs.
       Brownfields.--There is an increase of $362,000 for 
     brownfields support.
       Climate Protection Programs.--In climate protection, there 
     are increases of $500,000 for the energy star program and 
     $1,500,000 for the methane to markets program.
       Compliance Monitoring.--There is a decrease of $3,184,000 
     for compliance monitoring.
       Enforcement Programs.--In enforcement, there are increases 
     of $1,500,000 for civil enforcement, $1,900,000 for criminal 
     enforcement, and $500,000 for enforcement training.
       Environmental Protection/Congressional Priorities.--The 
     conference agreement provides a total of $50,543,000 for high 
     priority projects, an increase of $10,543,000 above the House 
     recommended level. The managers have not agreed to a 
     competitive solicitation this year for these programs. This 
     issue may be revisited in future years. The managers agree to 
     the following distribution of funds:

------------------------------------------------------------------------
              State                      Project Name           Amount
------------------------------------------------------------------------
 1. AL...........................  Alabama Department of        $500,000
                                    Environmental
                                    Management for a water
                                    and wastewater training
                                    program.
 2. CA...........................  Highland Learning Center    1,750,000
 3. CT...........................  Waste to Energy project       250,000
                                    in Stamford,
                                    Connecticut.
 4. CT...........................  Wastewater turbine            500,000
                                    technology project for
                                    the City of New Haven,
                                    Connecticut.
 5. FL...........................  University of West            500,000
                                    Florida Partnership for
                                    Environmental Research
                                    and Community Health
                                    [PERCH] program.
 6. HI...........................  Hawaii Island Economic        500,000
                                    Development Board's Big
                                    Island Recycle program.
 7. IA...........................  University of Northern        500,000
                                    Iowa to develop new
                                    environmental
                                    technologies for small
                                    business outreach.
 8. IA...........................  Water quality project in      500,000
                                    Storm Lake, Iowa.
 9. IL...........................  For an aquifer model of       938,000
                                    groundwater resources.
10. LA...........................  Grambling University in       200,000
                                    Louisiana for a water
                                    quality research
                                    program.
11. LA...........................  Lake Pontchartrain Basin      500,000
                                    Foundation lake
                                    restoration in
                                    Louisiana.
12. MA...........................  Environmental and             500,000
                                    science education
                                    program in New Bedford,
                                    Massachusetts.
13. MD...........................  Anacostia River Tidal       1,000,000
                                    Wetlands Project.
14. MO...........................  Ozarks Environmental and      500,000
                                    Water Resources
                                    Institute at Southwest
                                    Missouri State
                                    University.
15. MO...........................  Southwest Missouri Water    1,500,000
                                    Quality Improvement
                                    Project.
16. MS...........................  Environmental education       130,000
                                    initiative at Crow's
                                    Neck Environmental
                                    Education Center in
                                    Tishomingo County,
                                    Mississippi.
17. MT...........................  Air quality improvement     1,000,000
                                    program in Lincoln
                                    County, Montana.
18. NC...........................  EPA National Computer       2,000,000
                                    Center Research
                                    Triangle Park, NC
                                    Continuity of
                                    Operations/Disaster
                                    Recovery.
19. NE...........................  Lead-based paint hazard       500,000
                                    control program in
                                    Omaha, Nebraska.
20. NJ...........................  Restoration project in        300,000
                                    Greenwood Lake, New
                                    Jersey.
21. NV...........................  Walker Lake, Nevada           250,000
                                    Working Group's lake
                                    restoration program.
22. NY...........................  Central NY Watersheds in    1,500,000
                                    Onondaga and Cayuga
                                    Counties Water Quality
                                    Management.
23. NY...........................  Long Island Sound           1,800,000
                                    restoration.
24. NY...........................  Mohawk Valley, New York       250,000
                                    Water Authority's
                                    bacteria detection
                                    program.
25. OK...........................  Oklahoma Department of      2,000,000
                                    Environmental Quality
                                    to complete remediation
                                    work on Tar Creek.
26. OR...........................  Oregon Department of          250,000
                                    Environmental Quality
                                    site assessment program.
27. RI...........................  Waterfront stormwater         250,000
                                    management analysis in
                                    East Providence, Rhode
                                    Island.
28. VT...........................  Environmental clean-up        775,000
                                    and research programs
                                    in Lake Champlain,
                                    Vermont.
29. VT...........................  Storm water research          450,000
                                    program at the
                                    University of Vermont.
30. WA...........................  Northwest Straits             250,000
                                    Commission, Washington
                                    State University beach
                                    watchers marine
                                    resources program.
31. WA...........................  Rathdrum Prairie/Spokane      300,000
                                    Valley Aquifer study.
32. WA...........................  Spokane River Bi-State        250,000
                                    Non-Point Phosphorus
                                    study.
33. WV...........................  Canaan Valley Institute--   2,000,000
                                    On-going Operations.
34...............................  America's Clean Water       3,000,000
                                    Foundation On-Farm
                                    Assessment and
                                    Environmental Review
                                    Program.
35...............................  EPA Region 10               1,000,000
                                    environmental
                                    compliance.
36...............................  Groundwater Protection        650,000
                                    Council.
37...............................  National Assoc. of            500,000
                                    Development
                                    Organizations Training
                                    and Information
                                    Dissemination Related
                                    to Rural Brownfields,
                                    Air Quality Standards,
                                    and Water
                                    Infrastructure.
38...............................  National Biosolids          1,000,000
                                    Partnership.
39...............................  National Rural Water       11,000,000
                                    Association, including
                                    source water protection
                                    programs.
40...............................  Ohio River Pollutant        1,500,000
                                    Reduction Program.
41...............................  Rural Community             3,500,000
                                    Assistance Program.
42...............................  Small Public Water          4,000,000
                                    System Technology
                                    Centers at Western
                                    Kentucky University,
                                    the University of New
                                    Hampshire, the
                                    University of Alaska-
                                    Sitka, Pennsylvania
                                    State University, the
                                    University of Missouri-
                                    Columbia, Montana State
                                    University, the
                                    University of Illinois,
                                    and Mississippi State
                                    University.
                                                            ============
    Total........................    ......................   50,543,000
------------------------------------------------------------------------


[[Page 17691]]

       Geographic Programs.--In geographic programs, there are 
     increases of $2,000,000 for the Chesapeake Bay program, 
     $532,000 for the Gulf of Mexico program, and $1,167,000 in 
     other activities for Lake Pontchartrain, and decreases of 
     $45,000 for the Lake Champlain program and $1,523,000 for the 
     Long Island Sound program.
       Indoor Air Programs.--In indoor air, there is a decrease of 
     $400,000 for radon programs.
       Information Exchange/Outreach.--In information exchange/
     outreach, there is a decrease of $400,000 for State and local 
     prevention and preparedness programs.
       International Programs.--In international programs, there 
     are decreases of $250,000 for international capacity building 
     and $1,000,000 for the persistent organic pollutants program.
       Legal/Science/Regulatory/Economic Review.--There is a 
     decrease of $600,000 for the regulatory innovation program.
       Pesticide Licensing.--In pesticide licensing, there is an 
     increase of $3,041,000 for review/re-registration of existing 
     pesticides.
       Toxics Risk Review and Prevention.--In the toxics risk 
     review and prevention program, there is an increase of 
     $1,356,000 for the high production volume challenge and high 
     production volume information system and a decrease of 
     $1,582,000 for the pollution prevention program.
       Water: Ecosystems.--There is an increase of $2,000,000 for 
     Great Lakes Legacy Act programs.
       Water: Human Health Protection.--There are decreases of 
     $1,500,000 for drinking water programs and $10,000,000 for 
     the National Rural Water Association, which is funded under 
     the environmental protection/Congressional priorities 
     activity detailed above.
       Water Quality Protection.--There is a decrease of 
     $2,000,000 for the water quality monitoring program.
       Bill Language.--Language is included increasing the earmark 
     for official reception and representation expenses to $19,000 
     for fiscal year 2006 only.
       The managers agree to the following:
       1. A total of $5,000,000 is provided for the clean diesel 
     initiative as described in House Report 109-80.
       2. Within stratospheric ozone domestic programs, the 
     Sunwise program should be continued at the fiscal year 2005 
     funding level.
       3. A total of $2,000,000 is provided for the Puget Sound 
     geographic program under section 320 of the Federal Water 
     Pollution Control Act, as amended. This program is to be 
     administered by the Washington State Department of Ecology.
       4. Within indoor air programs, $2,000,000 should be used to 
     continue environmental tobacco-related programs. The managers 
     note that, after this set-aside, there is still an increase 
     for asthma programs above the fiscal year 2005 level.

                      Office of Inspector General

       The conference agreement provides $37,455,000 for the 
     Office of Inspector General instead of $37,955,000 as 
     proposed by the House and $36,955,000 as proposed by the 
     Senate.

                        Buildings and Facilities

       The conference agreement provides $40,218,000 for buildings 
     and facilities as proposed by both the House and the Senate.

                     Hazardous Substance Superfund


                     (Including Transfers of Funds)

       The conference agreement provides $1,260,621,000 for 
     hazardous substance superfund instead of $1,258,333,000 as 
     proposed by the House and $1,256,165,000 as proposed by the 
     Senate. Changes to the House recommended level are detailed 
     below.
       Air Toxics and Quality.--In air toxics and quality, there 
     is a decrease of $175,000 for radiation protection programs.
       Enforcement.--In enforcement, there are increases of 
     $200,000 for civil enforcement and $3,000,000 for Superfund 
     enforcement.
       Compliance.--In compliance, there are decreases of $11,000 
     for compliance assistance and centers, $11,000 for compliance 
     incentives, and $200,000 for compliance monitoring.
       Information Exchange and Outreach.--There is a decrease of 
     $6,000 for congressional, intergovernmental, and external 
     relations activities.
       Information Technology/Data Management/Security.--There is 
     a decrease of $3,000 for information security.
       Operations and Administration.--In operations and 
     administration, there is a decrease of $1,000,000 for 
     facilities infrastructure and operations.
       Superfund Cleanup.--In Superfund cleanup, there is an 
     increase of $494,000 for emergency response and removal.
       Bill Language.--Language is included earmarking 
     $1,260,621,000 as the maximum payment from general revenues 
     for Superfund instead of $1,258,333,000 as proposed by the 
     House and $1,256,165,000 as proposed by the Senate.
       The managers are concerned that EPA has not yet issued a 
     Record of Decision (ROD) for Libby, Montana, despite years of 
     cleanup efforts. The managers direct the Agency to issue its 
     Record of Decision for Libby, Montana no later than May 1, 
     2006. EPA should also provide a report on the contents of the 
     ROD to both the House and Senate Committees on Appropriations 
     no later than June 15, 2006. The managers are disappointed 
     that the Agency could not meet an earlier deadline, 
     originally proposed by the Senate, and expect periodic 
     updates on the progress of completion of the ROD for Libby, 
     Montana.
       The House proposed a study by the National Academy of 
     Sciences of Superfund mega sites that involve dredging. Upon 
     further reflection, the managers believe that the appropriate 
     role for the NAS is to act as an independent peer review body 
     that will conduct an objective evaluation of some of the 
     ongoing dredging projects underway at Superfund mega sites. 
     By undertaking such an evaluation, the Academy can serve as 
     an objective voice on this issue. The manager expect that the 
     evaluation will be initiated by December 1, 2005, and 
     finished as soon as possible, but no later than one year 
     after the Academy begins work. In addition, the managers 
     insist that an such evaluation by the Academy should not 
     delay in any way the progress of the Hudson River PCB 
     dredging project or any other Superfund dredging project.


                leaking underground storage tank program

       The conference agreement provides $73,027,000 for the 
     leaking underground storage tank program as proposed by both 
     the House and the Senate.


                           oil spill response

       The conference agreement provides $15,863,000 for oil spill 
     response as proposed by both the House and the Senate.


                   state and tribal assistance grants

                    (including rescissions of funds)

       The conference agreement provides $3,261,696,000 for State 
     and Tribal assistance grants and a rescission of $80,000,000 
     from expired grants, contracts, and interagency agreements, 
     instead of $3,227,800,000 and a rescission of $100,000 as 
     proposed by the House and $3,453,550,000 and a rescission of 
     $58,000,000 as proposed by the Senate, The rescission is to 
     be taken from expired grants, contracts, and interagency 
     agreements in the various EPA accounts and is not exclusive 
     to this account.
       Changes to the House recommended level are detailed below.
       Air Toxics and Quality.--In air toxics and quality 
     programs, there is a decrease of $3,000,000 for the clean 
     school bus initiative.
       Brownfields.--There is a decrease of $7,500,000 for 
     brownfields projects.
       Infrastructure Assistance.--There is an increase of 
     $20,000,000 for infrastructure assistance for Alaska Native 
     villages, a net decrease of $    ,      ,000 for the clean 
     water State revolving fund and a decrease of $4,000,000 for 
     infrastructure assistance for Puerto Rico. The House proposal 
     to direct rescinded funds to the CWSRF is not included in the 
     conference agreement.
       Infrastructure Grants/Congressional Priorities.--The 
     conference agreement includes $200,000,000 for special 
     project grants as proposed by both the House and the Senate. 
     The managers agree to the following distribution of funds:

------------------------------------------------------------------------
              State                      Project name           Amount
------------------------------------------------------------------------
 1. AK...........................  Water and sewer project      $250,000
                                    in the City of Craig,
                                    Alaska.
 2. AK...........................  Water and sewer project       750,000
                                    in Unalaska, Alaska.
 3. AL...........................  Coosa Valley Water            800,000
                                    Supply District surface
                                    water project in
                                    Alabama.
 4. AL...........................  Haleyville, AL North           50,000
                                    Industrial Area Water
                                    Storage Tank.
 5. AL...........................  Heflin, AL Industrial         150,000
                                    Site Water and Sewer
                                    Project.
 6. AL...........................  Huntsville, AL City of      1,000,000
                                    Huntsville Water System
                                    Improvements.
 7. AL...........................  Sewer improvement             700,000
                                    project in the City of
                                    York, Alabama.
 8. AL...........................  Twin, AL Twin Water           250,000
                                    Authority Water Systems
                                    Renovation.
 9. AL...........................  Water main extension          500,000
                                    improvements project in
                                    Alexander City, Alabama.
10. AR...........................  Improvements to the           500,000
                                    Little Maumelle water
                                    treatment plant in the
                                    City of Little Rock,
                                    Arkansas.
11. AR...........................  Regional wastewater           500,000
                                    treatment improvements
                                    for the City of
                                    Fayetteville, Arkansas.
12. AR...........................  St. Charles, AR St.            50,000
                                    Charles Drainage
                                    Planning and
                                    Improvements.
13. AZ...........................  Avondale, AZ Avondale       1,500,000
                                    Wastewater Treatment
                                    Facility Expansion.
14. AZ...........................  Safford, AZ City of           800,000
                                    Safford Waste Treatment
                                    Plant Debt Repayment to
                                    Arizona Infrastructure
                                    Finance Authority.
15. AZ...........................  Tucson, AZ Tucson Water       450,000
                                    Security Demonstration
                                    Project.
16. AZ...........................  Wastewater treatment        1,500,000
                                    plant in Lake Havasu
                                    City, Arizona.
17. CA...........................  Arcadia, Sierra Madre,      2,500,000
                                    CA Joint Water
                                    Infrastructure.
18. CA...........................  Bakersfield, CA Rexland     1,500,000
                                    Acres Wastewater
                                    Treatment Project.
19. CA...........................  Bellflower, CA Drinking       378,000
                                    Water Infrastructure
                                    Improvement.
20. CA...........................  Cathedral City, CA Water      500,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements.

[[Page 17692]]

 
21. CA...........................  Colfax, CA Colfax             600,000
                                    Wastewater Treatment
                                    Plant Improvement.
22. CA...........................  Georgetown, CA Greenwood    1,500,000
                                    Lake Water Treatment
                                    Facility.
23. CA...........................  Lake Arrowhead, CA Lake       250,000
                                    Arrowhead Groundwater
                                    Development.
24. CA...........................  Martin Slough                 375,000
                                    interceptor project in
                                    the City of Eureka,
                                    California.
25. CA...........................  Monterey, CA Monterey         750,000
                                    County Development and
                                    Implementation of Water
                                    Management Plan.
26. CA...........................  Perchlorate treatment         375,000
                                    program in the City of
                                    Pasadena, California.
27. CA...........................  Riverside, CA Water and       500,000
                                    Wastewater
                                    Infrastructure
                                    Improvements.
28. CA...........................  San Bernardino, CA Lakes    1,000,000
                                    and Streams Project.
29. CA...........................  Santa Jose, CA              2,000,000
                                    Perchlorate Assistance
                                    Santa Clara Valley
                                    Water District.
30. CA...........................  Solana Beach, CA Solana     1,000,000
                                    Beach Wastewater System
                                    Improvements.
31. CA...........................  Southern California         4,000,000
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements (Mission
                                    Springs Water District
                                    1.6M, Brinton Reservoir
                                    (Banning) 1M, Bighorn-
                                    Desert View Water
                                    Agency 500K, SAWPA SARI
                                    450K, Yucca Valley
                                    350K, Dunlap 100K).
32. CA...........................  Wastewater treatment          375,000
                                    plant expansion in
                                    Crescent City,
                                    California.
33. CA...........................  Water and wastewater          500,000
                                    infrastructure
                                    improvements project
                                    for the San Francisco
                                    Public Utility
                                    Commission in
                                    California.
34. CA...........................  Water facility project        375,000
                                    in the City of Santa
                                    Paula, California.
35. CO...........................  Drinking water project        800,000
                                    in the Town of Walden,
                                    Colorado.
36. CO...........................  Stormwater improvement        500,000
                                    program in Jefferson
                                    County, Colorado.
37. CO...........................  Wastewater facility           100,000
                                    upgrades in Yuma,
                                    Colorado.
38. CO...........................  Wastewater treatment          100,000
                                    facility improvements
                                    project in Brush,
                                    Colorado.
39. CO...........................  Wastewater treatment          500,000
                                    plant improvements in
                                    the Cities of Englewood
                                    and Littleton, Colorado.
40. CO...........................  Water treatment facility      650,000
                                    in the City of Alamosa,
                                    Colorado.
41. CT...........................  East Hampton, CT            1,200,000
                                    Municipal Water System
                                    Improvements.
42. CT...........................  Infrastructure upgrades       500,000
                                    at water pollution
                                    control plant in the
                                    Town of Plainville,
                                    Connecticut.
43. CT...........................  Stamford, CT Mill River     1,000,000
                                    Stormwater Management
                                    Infrastructure
                                    Improvements.
44. DE...........................  Combined sewer overflow     1,000,000
                                    program in the City of
                                    Wilmington, Delaware.
45. FL...........................  Citrus County, FL             750,000
                                    Homosassa Wastewater
                                    Collection System
                                    Project.
46. FL...........................  Coral Springs, FL Water       700,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements.
47. FL...........................  East Central, FL East-      1,500,000
                                    Central Florida
                                    Integrated Water
                                    Resources.
48. FL...........................  Emerald Coast treatment       800,000
                                    plant replacement
                                    project for the
                                    Northwest Florida Water
                                    Management District.
49. FL...........................  Jacksonville Beach, FL      1,000,000
                                    North 2nd Street
                                    Drainage Collection and
                                    Treatment System.
50. FL...........................  Keaton Beach, FL Taylor       750,000
                                    Coastal Wastewater
                                    Project.
51. FL...........................  Lake Region water             300,000
                                    treatment plant
                                    improvements for the
                                    South Florida Water
                                    Management District.
52. FL...........................  North Port, FL Water and      500,000
                                    Wastewater
                                    Infrastructure
                                    Improvements.
53. FL...........................  Pinellas Park, FL On-       1,787,000
                                    site Sewerage system
                                    elimination.
54. GA...........................  Columbus, GA--Ox Bow        1,000,000
                                    Meadows Wastewater
                                    Improvements.
55. GA...........................  Moultrie, GA City of          350,000
                                    Moultrie Wastewater
                                    Treatment Plant
                                    Rehabilitation.
56. GA...........................  West Area Combined Sewer      500,000
                                    Overflow Tunnel in the
                                    City of Atlanta,
                                    Georgia.
57. HI...........................  Statewide cesspool          1,000,000
                                    replacement in the
                                    following counties,
                                    $500,000 for the County
                                    of Hawaii; $400,000 for
                                    the County of Kauai;
                                    and, $100,000 for the
                                    City and County of
                                    Hawaii.
58. IA...........................  Combined sewer                800,000
                                    separation project in
                                    the City of Ottumwa,
                                    Iowa.
59. IA...........................  Construction of a             500,000
                                    wastewater treatment
                                    plant in Sioux City,
                                    Iowa.
60. IA...........................  Mason City, IA Sanitary     1,000,000
                                    Sewer Interceptor
                                    Project.
61. IA...........................  Sewer separation project      800,000
                                    in the City of
                                    Davenport, Iowa.
62. ID...........................  Construction of a             600,000
                                    wastewater collection
                                    and treatment facility
                                    in Valley County, Idaho.
63. ID...........................  Wastewater treatment          500,000
                                    project in the City of
                                    Twin Falls, Idaho.
64. ID...........................  Water system                  400,000
                                    infrastructure
                                    improvements in the
                                    City of Castleford,
                                    Idaho.
65. IL...........................  Big Rock, IL Big Rock         175,000
                                    South Side Drainage
                                    System.
66. IL...........................  Calumet City, IL Water        275,000
                                    and Sewer Improvements.
67. IL...........................  Construction of a             250,000
                                    wastewater treatment
                                    facility in the Village
                                    of Pecatonica, Illinois.
68. IL...........................  Drinking water                750,000
                                    improvements in the
                                    City of Wauconda,
                                    Illinois.
69. IL...........................  Drinking water                250,000
                                    infrastructure
                                    improvements in the
                                    City of Springfield,
                                    Illinois.
70. IL...........................  Hampshire, IL Water and       600,000
                                    Wastewater System
                                    Improvements.
71. IL...........................  Hinckley, IL Water Main       418,000
                                    Replacement.
72. IL...........................  Pleasant Plains, IL New       765,000
                                    Sanitary Sewer
                                    Collection System and
                                    Wastewater Treatment
                                    Facilities.
73. IL...........................  Sewer Improvement             500,000
                                    Consortium of Lake
                                    Bluff, Highwood,
                                    Highland Park and Lake
                                    Forest, Illinois.
74. IL...........................  Water system upgrades in      250,000
                                    the Village of Port
                                    Byron, Illinois.
75. IN...........................  Construction of a             750,000
                                    wastewater treatment
                                    facility in Morgan
                                    County, Indiana for the
                                    Town of Waverly.
76. IN...........................  Sandborn, IN Water and        500,000
                                    Wastewater
                                    Infrastructure
                                    Improvements.
77. IN...........................  Valparaiso, IN                825,000
                                    Valparaiso Sewer
                                    Infrastructure
                                    Improvements.
78. IN...........................  Water infrastructure        1,700,000
                                    upgrades in the City of
                                    Upland, Indiana.
79. KS...........................  New drinking water            500,000
                                    transmission line in
                                    the City of Medicine
                                    Lodge, Kansas.
80. KS...........................  Water infrastructure          500,000
                                    improvements in Johnson
                                    County, Kansas.
81. KS...........................  Rose Hill, KS City of       2,500,000
                                    Rose Hill Sewer System
                                    Improvements.
82. KY...........................  City of Columbia,             500,000
                                    Kentucky, and the Adair
                                    County Regional Water
                                    Treatment Plant.
83. KY...........................  Louisville, KY              1,000,000
                                    Louisville Olmsted
                                    Parks Conservancy
                                    Watershed Restoration.
84. KY...........................  Somerset, KY Somerset       3,200,000
                                    Wastewater Treatment
                                    Plant.
85. KY...........................  Wastewater sewer line       1,000,000
                                    extension project in
                                    the City of South
                                    Campbellsville,
                                    Kentucky.
86. KY...........................  Wastewater treatment          500,000
                                    plant expansion project
                                    in Culver City,
                                    Kentucky.
87. LA...........................  Shreveport Municipal          400,000
                                    Water Distribution
                                    system backflow
                                    prevention project in
                                    Shreveport, Louisiana.
88. LA...........................  South Lake Charles, LA      1,000,000
                                    Wastewater Treatment
                                    Plant.
89. LA...........................  Tioga, LA Water Works       1,500,000
                                    District No. 3 of
                                    Rapides Parish--
                                    Drinking Water
                                    Extension.
90. MA...........................  Combined sewer overflow     1,000,000
                                    abatement project in
                                    Bristol County,
                                    Massachusetts.
91. MA...........................  Hartford, CT;               2,000,000
                                    Springfield, Chicopee,
                                    Holyoke, Ludlow, South
                                    Hadley, MA Connecticut
                                    River Clean-up.
92. MD...........................  Anacostia Sanitary Sewer      500,000
                                    Overflow.
93. MD...........................  Combined sewer overflow       350,000
                                    project in the City of
                                    Cumberland, Maryland.
94. MD...........................  Combined sewer overflow       500,000
                                    project in the City of
                                    Frostburg, Maryland.
95. MD...........................  Combined sewer overflow       500,000
                                    project in the City of
                                    Westernport, Maryland.
96. MD...........................  Greenmount Interceptor      1,000,000
                                    sewer improvement
                                    project in the City of
                                    Baltimore, Maryland.
97. MD...........................  Port Tobacco, MD Port         200,000
                                    Tobacco Watershed Water
                                    and Wastewater
                                    Infrastructure
                                    Improvements.
98. MD...........................  Sewer line repair             150,000
                                    project in the City of
                                    Emmitsburg, Maryland.
99. MD...........................  Wastewater lagoon repair      150,000
                                    in the City of
                                    Funkstown, Maryland.
100. ME..........................  Wastewater treatment          500,000
                                    project in the Town of
                                    Machias, Maine.
101. ME..........................  Waterline extension and       472,000
                                    water system upgrade
                                    project in the Town of
                                    Dover-Foxcroft, Maine.
102. MI..........................  Combined sewer overflow     1,000,000
                                    control program for the
                                    City of Port Huron,
                                    Michigan.
103. MI..........................  Detroit, MI Far Eastside    1,500,000
                                    Water and Wastewater
                                    Infrastructure
                                    Improvement Project.
104. MI..........................  North-East Relief Sewer       250,000
                                    [NERS] project in
                                    Genesee County,
                                    Michigan.
105. MI..........................  Oakland County, MI          2,000,000
                                    Evergreen-Farmington
                                    Sanitary Sewer Overflow
                                    Control Demonstration
                                    Project.
106. MI..........................  Public sewer system           250,000
                                    improvements in the
                                    City of Northport,
                                    Michigan.
107. MI..........................  Regional wastewater           225,000
                                    treatment system
                                    improvements in Eastern
                                    Calhoun County,
                                    Michigan.
108. MI..........................  Rouge River CSO, SSO Wet      500,000
                                    Weather demonstration
                                    project in Wayne
                                    County, Michigan.
109. MI..........................  Sewage treatment program      150,000
                                    in Traverse City,
                                    Michigan.
110. MI..........................  Sewer plant improvements      250,000
                                    in the City of Saginaw,
                                    Michigan.
111. MN..........................  Construction of a new         500,000
                                    wastewater treatment
                                    plant in the City of
                                    Willmar, Minnesota.
112. MN..........................  Minneapolis, MN Combined    1,500,000
                                    Sewer Overflow Program.
113. MN..........................  Sanitary management           500,000
                                    district of Crow Wing
                                    County, Minnesota.
114. MN..........................  Western Lake Superior         500,000
                                    Sanitary District in
                                    the City of Duluth,
                                    Minnesota.
115. MO..........................  Expansion of the              500,000
                                    Clarence Cannon
                                    Wholesale Water
                                    Commission treatment
                                    Plant in Missouri.
116. MO..........................  Springfield, MO             1,200,000
                                    Wastewater System
                                    improvements.
117. MO..........................  St. Louis, Missouri         1,000,000
                                    Combined Sewer Overflow
                                    Project.
118. MO..........................  Wastewater improvements       850,000
                                    project in the City of
                                    Seneca, Missouri.
119. MS..........................  Drinking water and            747,000
                                    wastewater treatment
                                    improvements project in
                                    the Chipley area in the
                                    City of Pascagoula,
                                    Mississippi.
120. MS..........................  Regional wastewater           500,000
                                    program in DeSoto
                                    County, Mississippi.
121. MS..........................  Wastewater                    500,000
                                    infrastructure
                                    evaluation and repair
                                    project in the City of
                                    Ridgeland, Mississippi.
122. MS..........................  Wastewater system           2,000,000
                                    rehabilitation for the
                                    West Rankin Water
                                    Authority in
                                    Mississippi.
123. MS..........................  Wastewater treatment        1,200,000
                                    facilities improvements
                                    in the City of
                                    Pontotoc, Mississippi.
124. MS..........................  Wastewater treatment        1,000,000
                                    improvements in the
                                    City of Brookhaven,
                                    Mississippi.
125. MS..........................  Wastewater treatment          500,000
                                    improvements in the
                                    City of Flowood,
                                    Mississippi.
126. MS..........................  Wastewater treatment          750,000
                                    improvements project in
                                    Wheeler, Mississippi.
127. MS..........................  Water and sewer               700,000
                                    infrastructure project
                                    in Forrest County,
                                    Mississippi.
128. MS..........................  Water and sewer             1,000,000
                                    infrastructure project
                                    in the City of Biloxi,
                                    Mississippi.

[[Page 17693]]

 
129. MS..........................  Water and sewer               250,000
                                    infrastructure project
                                    in the Town of McLain,
                                    Mississippi.
130. MT..........................  Drinking water system         750,000
                                    upgrades in the City of
                                    Belgrade, Montana.
131. MT..........................  Havre, MT Rocky Boy's/      1,000,000
                                    North Central Montana
                                    Regional Water System.
132. MT..........................  Wastewater treatment          500,000
                                    improvements in the
                                    Pablo/Lake County Water
                                    and Sewer District,
                                    Montana.
133. MT..........................  Wastewater treatment        1,000,000
                                    improvements in the
                                    Seeley Lake Sewer
                                    District, Montana.
134. MT..........................  Wastewater treatment          750,000
                                    improvements in the
                                    Town of St. Ignatius,
                                    Montana.
135. MT..........................  Wastewater treatment          500,000
                                    improvements in the
                                    Wisdom Sewer District,
                                    Montana.
136. MT..........................  Wastewater treatment          170,000
                                    plant improvement
                                    project in the City of
                                    Bozeman, Montana.
137. MT..........................  Water system                2,250,000
                                    infrastructure
                                    improvements in the
                                    City of Helena, Montana.
138. NC..........................  Anson County, NC Raw        1,000,000
                                    Water Intake Project.
139. NC..........................  Brightwater, NC Water         587,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements (water
                                    distribution system)
                                    (grantee is City of
                                    Hendersonville).
140. NC..........................  Cedar Grove, NC Cedar         253,000
                                    Grove Waterline Project.
141. NC..........................  Charlotte, NC Providence    1,000,000
                                    Road Water Line project.
142. NC..........................  Haywood County, NC Water    1,000,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements (Town of
                                    Clyde 500k, Canton
                                    500k).
143. NC..........................  Kannapolis, NC                500,000
                                    Groundwater Storage
                                    Tank & Fire Pump System.
144. NC..........................  Mitchell County, NC           500,000
                                    Ledger Community Water
                                    and Wastewater
                                    Infrastructure
                                    Improvements.
145. NC..........................  Moore County, NC North        500,000
                                    West Moore Water
                                    District Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
146. NC..........................  Sylva, NC Jackson County      500,000
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements.
147. NC..........................  Wake County, NC Jordan      1,500,000
                                    Lake Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
148. NC..........................  Wilson, NC Wilson           1,000,000
                                    Wastewater
                                    Infrastructure Program.
149. NC/VA.......................  Sparta, NC &                1,000,000
                                    Independence, VA
                                    Virginia Carolina Water
                                    Authority Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
150. ND..........................  Drinking water                250,000
                                    distribution
                                    improvements for the
                                    North Central Rural
                                    Water Consortium, North
                                    Dakota.
151. ND..........................  Regional drinking water       300,000
                                    infrastructure
                                    expansion for the Towns
                                    of Hankinson,
                                    Wyndemere, LaMoure, and
                                    Oakes, North Dakota
                                    (Southeast Area).
152. ND..........................  Regional water treatment      700,000
                                    facility improvements
                                    in the City of
                                    Washburn, North Dakota.
153. ND..........................  Regional water treatment      500,000
                                    facility infrastructure
                                    in the City of
                                    Riverdale, North Dakota.
154. ND..........................  Rural water district          250,000
                                    infrastructure
                                    improvements in Walsh
                                    County, North Dakota.
155. ND..........................  Wastewater treatment          300,000
                                    facility upgrades in
                                    the City of Lakota,
                                    North Dakota.
156. ND..........................  Water and sewer               250,000
                                    improvement projects in
                                    the City of Crosby,
                                    North Dakota.
157. ND..........................  Water infrastructure          500,000
                                    improvements in the
                                    City of Devils Lake,
                                    North Dakota.
158. ND..........................  Water treatment plant         725,000
                                    regulatory improvements
                                    in the City of Grafton,
                                    North Dakota.
159. NE..........................  Combined sewer                500,000
                                    separation projects in
                                    the City of Omaha,
                                    Nebraska.
160. NE..........................  Water and wastewater          500,000
                                    infrastructure
                                    improvements in the
                                    City of Lincoln,
                                    Nebraska.
161. NH..........................  Combined sewer overflow       500,000
                                    separation project in
                                    the City of Manchester,
                                    New Hampshire.
162. NH..........................  Exeter, NH Water and        1,000,000
                                    Wastewater
                                    Infrastructure
                                    Improvements.
163. NH..........................  Waterworks Project in         500,000
                                    the City of Berlin, New
                                    Hampshire.
164. NJ..........................  $250,000 for the Rahway       500,000
                                    City Sanitary Sewer
                                    I&I, and $250,000 for
                                    the Rahway Valley
                                    Sewerage Authority.
165. NJ..........................  Bergen County, NJ Bergen    1,000,000
                                    County Wastewater
                                    Infrastructure
                                    Improvements.
166. NJ..........................  Passaic Valley, NJ          2,500,000
                                    Passaic Valley Sewerage
                                    Commission Combined
                                    Sewage Overflow Project.
167. NJ..........................  Stormwater                    500,000
                                    infrastructure
                                    improvements at Farnham
                                    Park in the City of
                                    Camden, New Jersey.
168. NM..........................  Construction of a           1,000,000
                                    wastewater treatment
                                    system in Kirtland, New
                                    Mexico.
169. NM..........................  Village of Tijeras, NM        952,000
                                    Phase III Water System.
170. NM..........................  Wastewater and drinking     1,000,000
                                    water improvements
                                    project for the
                                    Albuquerque/Bernalillo
                                    Water Utility Authority
                                    in New Mexico.
171. NM..........................  Wastewater collection,      1,000,000
                                    treatment, and disposal
                                    system in the Town of
                                    Edgewood, New Mexico.
172. NM..........................  Wastewater project in       1,000,000
                                    the City of Belen, New
                                    Mexico.
173. NM..........................  Water project in the        1,000,000
                                    City of Las Cruces, New
                                    Mexico.
174. NV..........................  Henderson, NV Southwest     1,000,000
                                    Wastewater Treatment
                                    Plant.
175. NV..........................  Searchlight sewer system      650,000
                                    upgrades/Clark County
                                    Reclamation District
                                    improvement project in
                                    Nevada.
176. NV..........................  Water and wastewater           50,000
                                    infrastructure
                                    improvements for the
                                    Marlette/Hobart water
                                    system in Carson City,
                                    Nevada.
177. NV..........................  Water infrastructure          150,000
                                    improvements for the
                                    North Lemmon Valley
                                    Artificial Recharge
                                    Project in North Lemmon
                                    Valley, Nevada.
178. NV..........................  Water infrastructure          400,000
                                    improvements in Douglas
                                    County, Nevada.
179. NY..........................  Ballston Spa, NY            3,000,000
                                    Saratoga County Water
                                    Treatment and
                                    Transmission Facilities.
180. NY..........................  Cayuga County, NY             750,000
                                    Village of Fairhaven
                                    Wastewater
                                    Infrastructure
                                    Improvements.
181. NY..........................  Corning, NY Water and         750,000
                                    Wastewater
                                    Infrastructure
                                    Improvements.
182. NY..........................  Dunkirk, NY Chadwick Bay      400,000
                                    West End Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
183. NY..........................  Monroe County Water         2,000,000
                                    Authority Eastside
                                    Water Treatment Project
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements.
184. NY..........................  Mt. Pleasant, NY              138,000
                                    Stormwater
                                    Infrastructure
                                    Improvements.
185. NY..........................  Saugerties, NY              2,100,000
                                    Saugerties Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
186. NY..........................  Stormwater restoration      1,000,000
                                    project in the Town of
                                    North Hempstead, New
                                    York.
187. NY..........................  Water and sewer             1,000,000
                                    extension project in
                                    the Town of Bethel, New
                                    York.
188. OH..........................  Canal Winchester, OH          500,000
                                    Village of Canal
                                    Winchester Water
                                    Treatment Plant
                                    Expansion.
189. OH..........................  Construction of a sewer       850,000
                                    collection and
                                    treatment system in the
                                    Village of Higginsport,
                                    Ohio.
190. OH..........................  Drinking water line           200,000
                                    replacement in
                                    Muskingum County, Ohio.
191. OH..........................  Galion, OH Wastewater       1,000,000
                                    Infrastructure
                                    Improvements.
192. OH..........................  Greene Community in           150,000
                                    Greene County, Ohio for
                                    wastewater and drinking
                                    water projects.
193. OH..........................  Wastewater collection         800,000
                                    and treatment system in
                                    the City of Elmira,
                                    Ohio, and the City of
                                    Burlington, Ohio.
194. OH..........................  Yellow Springs, OH            125,000
                                    Morris Bean Sanitary
                                    Sewer Connection
                                    Project.
195. OK..........................  Nicoma Park, OK Nicoma        200,000
                                    Park Water Line.
196. OK..........................  Wewoka, OK City of            275,000
                                    Wewoka Well Water
                                    Access.
197. OR..........................  Sanitary district             750,000
                                    facility upgrades in
                                    the City of Winchester
                                    Bay, Oregon.
198. PA..........................  Allegheny County            1,750,000
                                    Sanitary Authority for
                                    the Three Rivers Wet
                                    Weather program in
                                    Allegheny County,
                                    Pennsylvania.
199. PA..........................  Ambridge, PA Drinking          92,000
                                    Water Infrastructure
                                    Improvements.
200. PA..........................  Central sewer collection      250,000
                                    and treatment
                                    replacement in
                                    Tulpehocken Township,
                                    Pennsylvania.
201. PA..........................  Combined sewer overflow       800,000
                                    and flood protection
                                    project in the City of
                                    Plum Creek and
                                    Allegheny County,
                                    Pennsylvania.
202. PA..........................  Interceptor improvements      200,000
                                    project in Penn Hills,
                                    Pennsylvania.
203. PA..........................  Kingston, PA Luzerne        1,000,000
                                    County Combined Sewer
                                    Overflow.
204. PA..........................  Pen Argyl Borough, PA         100,000
                                    Wastewater Treatment
                                    Plant.
205. PA..........................  Philadelphia, PA              695,000
                                    Southeastern
                                    Pennsylvania Waterways
                                    Restoration Stormwater
                                    Infrastructure
                                    Improvements.
206. PA..........................  Pleasantville, PA             300,000
                                    Borough of
                                    Pleasantville Water
                                    System Improvements.
207. PA..........................  Public sewer service          250,000
                                    extensions in Menallen
                                    Township, Pennsylvania.
208. PA..........................  Sewer improvement             750,000
                                    project in the Borough
                                    of Archbald,
                                    Pennsylvania.
209. PA..........................  Storm sewer pipe              250,000
                                    construction in
                                    Millcreek Township,
                                    Pennsylvania.
210. PA..........................  Stormwater                    250,000
                                    infrastructure
                                    improvements project in
                                    the Borough of
                                    Pottstown, Pennsylvania.
211. PA..........................  Tarentum, PA Bull Creek     1,000,000
                                    Flood Protection Plan.
212. PA..........................  Water infrastructure          500,000
                                    improvements in the
                                    City of Lancaster,
                                    Pennsylvania.
213. RI..........................  Cumberland, RI                500,000
                                    Cumberland Drinking
                                    Water Infrastructure
                                    Improvements.
214. RI..........................  New water storage tank        875,000
                                    in the Town of
                                    Westerly, Rhode Island.
215. RI..........................  Water infrastructure          500,000
                                    improvements in the
                                    City of Cumberland,
                                    Rhode Island.
216. RI..........................  Water infrastructure          200,000
                                    improvements in the
                                    City of North
                                    Smithfield, Rhode
                                    Island.
217. SC..........................  Construction of the           500,000
                                    Maple Creek Water
                                    Treatment Plant for the
                                    Greer Commission of
                                    Public Works in Greer,
                                    South Carolina.
218. SC..........................  Myrtle Beach, SC Storm        615,000
                                    Water Management System.
219. SC..........................  Olar, SC Olar and Govan       733,000
                                    Regional Water System.
220. SD..........................  Water and wastewater          800,000
                                    master plan development
                                    in Rapid City, South
                                    Dakota.
221. SD..........................  Water infrastructure          180,000
                                    improvements in the
                                    City of Springfield,
                                    South Dakota.
222. TN..........................  East Tennessee              1,550,000
                                    Development District
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements (Jefferson
                                    City 700k, Norris 300k,
                                    Cumberland Gap 250k,
                                    Jefferson County 300k).
223. TN..........................  Lake Tansi Sewer Project    1,000,000
                                    in Cumberland County,
                                    Tennessee.
224. TN..........................  Southeast Tennessee           950,000
                                    Development District
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements (Cleveland
                                    550k, Ducktown 150k,
                                    Spring City 250k).
225. TN..........................  Watauga River Regional      1,000,000
                                    Water Authority in
                                    Carter County,
                                    Tennessee.
226. TN..........................  West End water and          1,000,000
                                    wastewater
                                    infrastructure project
                                    in Oak Ridge, Tennessee.
227. TX..........................  Fresno/Arcola, TX Fort      2,000,000
                                    Bend County Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
228. TX..........................  Liberty Hill, TX Liberty      365,000
                                    Hill Wastewater
                                    Treatment Facilities
                                    and Collection System.
229. TX..........................  Lorena, TX City of            350,000
                                    Lorena Wastewater
                                    Treatment Plant.
230. TX..........................  Richmond/Rosenberg, TX        570,000
                                    West Fort Bend County
                                    Regional Water System.
231. TX..........................  Sewer overflow                500,000
                                    prevention project in
                                    the City of Austin,
                                    Texas.
232. UT..........................  Arsenic and perchlorate       700,000
                                    removal project in
                                    Magna, Utah.
233. UT..........................  Construction of a           1,500,000
                                    drinking water nitrate
                                    remediation plant for
                                    Centerfield, Utah, and
                                    Mayfield, Utah.
234. UT..........................  Drinking water and          1,000,000
                                    stormwater
                                    infrastructure
                                    improvements in Sandy
                                    City, Utah.
235. UT..........................  Wastewater treatment          500,000
                                    plant in Eagle
                                    Mountain, Utah.
236. UT..........................  Water infrastructure          300,000
                                    improvements for Judge
                                    Tunnel in Park City,
                                    Utah.
237. VA..........................  Alexandria, VA Four Mile    1,500,000
                                    Run Restoration.

[[Page 17694]]

 
238. VA..........................  Construction of               500,000
                                    wastewater treatment
                                    facilities expansion in
                                    Lee County, Virginia.
239. VA..........................  Hanover County, VA Water      682,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements.
240. VA..........................  Henry County, VA Henry        110,000
                                    County Water System
                                    Connector to
                                    Pittsylvania County.
241. VA..........................  National Capital Region,      521,000
                                    VA, MD, DC Real-Time
                                    Drinking Water
                                    Distribution Security
                                    Monitoring.
242. VA..........................  Wastewater treatment          500,000
                                    infrastructure
                                    improvements project in
                                    the Town of Onancock,
                                    Virginia.
243. VT..........................  Wastewater treatment        1,000,000
                                    project in the Town of
                                    Pownal, Vermont.
244. VT..........................  Water treatment projects    1,000,000
                                    in the Town of
                                    Waitsfield, Vermont.
245. WA..........................  Carnation, WA City of       1,000,000
                                    Carnation Sewer
                                    Collection and
                                    Conveyance System.
246. WA..........................  Groundwater remediation       500,000
                                    project in North Clark
                                    County, Washington.
247. WA..........................  Hood Canal, WA Lower        5,000,000
                                    Hood Canal Wastewater
                                    Collection and
                                    Treatment System.
248. WI..........................  Metropolitan sewage           800,000
                                    district interceptor
                                    system program in the
                                    City of Milwaukee,
                                    Wisconsin.
249. WI..........................  Park Falls, WI Water and    1,000,000
                                    Wastewater
                                    Infrastructure
                                    Improvements (wells,
                                    pumphouse, water main).
250. WI..........................  Pittsville, WI              1,900,000
                                    Wastewater Treatment
                                    Plant/Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
251. WI..........................  Radionuclide standard         800,000
                                    drinking water project
                                    in the City of
                                    Waukesha, Wisconsin.
252. WI..........................  Rhinelander, WI Water       1,000,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements (well,
                                    pumphouse, water main,
                                    storm sewer).
253. WV..........................  Beckley, WV Piney Creek     1,000,000
                                    Interceptor Sewer
                                    Replacement Project.
254. WV..........................  Canaan Valley, WV Canaan    1,000,000
                                    Valley Decentralized
                                    Wastewater System.
255. WV..........................  Mineral County, WV            220,000
                                    Lakewood Wastewater
                                    Treatment Facility.
256. WV..........................  Spencer, WV Spencer         1,000,000
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements.
257. WY..........................  Wastewater treatment        1,000,000
                                    plant improvements
                                    project in the City of
                                    Cheyenne, Wyoming.
                                  --------------------------------------
    Total........................    ......................  200,000,000
------------------------------------------------------------------------

       Categorical Grants.--In categorical grants, there are 
     increases of $1,000,000 for section 106 pollution control 
     grants, $1,856,000 for targeted watershed grants, and 
     $1,200,000 for wastewater operator training, and decreases of 
     $934,000 for hazardous waste financial assistance, $1,772,000 
     for section 319 nonpoint source grants, $5,500,000 for 
     section 106 water quality monitoring grants, $854,000 for 
     public water system supervision, $600,000 for radon, 
     $15,000,000 for water quality cooperative agreements, and 
     $1,000,000 for wetlands program development.
       Rescission.--The conference agreement modifies rescission 
     language proposed by the House and the Senate and rescinds 
     $80,000,000 from expired grants, contracts and interagency 
     agreements instead of a rescission of $100,000,000 as 
     proposed by the House and a rescission of $58,000,000 as 
     proposed by the Senate. Although this language appears under 
     the State and Tribal Assistance Grants heading, it applies to 
     all EPA appropriation accounts. The conference agreement does 
     not direct the rescinded funds to the clean water State 
     revolving fund as proposed by the House nor does the language 
     reference an April 2005 review by the Government 
     Accountability Office as proposed by the House.
       Other Bill Language.--Language is included making permanent 
     the prohibition, proposed by the Senate, on the use of funds 
     from the drinking water State revolving fund for health 
     effects studies on drinking water contaminants. The managers 
     note these studies are, and should continue to be, funded 
     under the science and technology account.
       Language is included, as proposed by the Senate, providing 
     direction on the distribution of funds to address drinking 
     water and wastewater infrastructure needs of Alaska Native 
     villages.
       Language proposed by the House referencing special project 
     grants is included with a technical modification.
       There is no earmark for the Fortuna Radar Site as proposed 
     by the Senate.
       Language is included making permanent the authority, 
     proposed by the Senate, for States to transfer funds between 
     the clean water and drinking water revolving funds.
       Language is not included, which was proposed by the House, 
     stipulating that special project funding from fiscal year 
     2000 or earlier that is not obligated on an approved grant by 
     the end of fiscal year 2006 will be transferred to the 
     appropriate State revolving fund. Instead, such funds that 
     are not obligated on approved grants by September 1, 2006, 
     are included in the rescission referenced above.
       Language is not included, which was proposed by the House, 
     providing for the transfer of excess funds after completion 
     of special project grants to the appropriate State revolving 
     fund. Instead such funds are included in the rescission 
     referenced above.
       Language is not included, which was proposed by the House, 
     transferring funds from projects that are determined to be 
     ineligible for a grant to the appropriate State revolving 
     fund. The managers expect EPA to keep the House and Senate 
     Committees on Appropriations apprised of grants that are 
     determined to be ineligible.
       Language is included making permanent the authority, 
     proposed by the House, for EPA to make technical corrections 
     to special project grants. The Senate had similar language 
     but used the phrase ``notwithstanding any other provision of 
     law''; whereas the House language and the language adopted in 
     the conference agreement uses the phrase ``notwithstanding 
     this or previous appropriations Acts''.
       The conference agreement includes a minor technical 
     correction to the school bus retrofit language.
       The managers agree to the following:
       1. Within the funds provided for the United States-Mexico 
     border program, $4,000,000 is for the El Paso Utilities Board 
     and $3,000,000 is for the City of Brownsville water supply 
     project.
       2. Within the categorical grant targeted watersheds 
     program, $6,000,000 is for a regional pilot program for the 
     Chesapeake Bay as described in Senate Report 109- 80.


                       administrative provisions

       The conference agreement includes language proposed by the 
     House regarding an exception to CERCLA relating to the 
     qualifying date for brownfields grants or loans. The House 
     had a single year provision. The Senate proposed to make this 
     provision permanent.
       Language is not included, which was proposed by the Senate, 
     providing permanent authority for the use of brownfields 
     grant funding for administrative expenses.


          general provisions, environmental protection agency

       Section 201 modifies language, proposed by the Senate in 
     sections 201 and 202 and by the House in section 434, dealing 
     with human dosing studies. The managers note the many 
     concerns expressed on both the House and Senate floors with 
     respect to intentional human toxicity dosing studies relied 
     upon by the EPA in reviewing applications for pesticide 
     approvals. Concern is particularly acute for pregnant women, 
     fetuses, and children. The managers believe this is a very 
     serious issue that needs to be addressed by EPA as soon as 
     possible. The managers have included statutory language that 
     prohibits the EPA from accepting, considering, or relying on 
     third party intentional dosing human toxicity studies for 
     pesticides until EPA issues a final rulemaking addressing 
     such studies. The language also requires EPA to provide for 
     at least a 90-day public comment period on its proposed rule 
     and to issue the final rule no later than 180 days after 
     enactment of this Act. Such rule shall not permit the use of 
     pregnant women, infants or children as subjects; shall be 
     consistent with the principles proposed in the 2004 report of 
     the National Academy of Sciences on intentional human dosing 
     and the principles of the Nuremberg Code with respect to 
     human experimentation; and shall establish an independent 
     Human Subjects Review Board.
       Section 202 includes the text of Senate section 435 
     prohibiting the use of funds in contravention of Executive 
     Order 12898 dealing with environmental justice. The House had 
     a similar provision in section 432 of the House bill. The 
     Senate provision that is included in the conference agreement 
     includes a reference to the date of the Executive Order and 
     to the Federal Register notice in which it was published.
       Section 203 includes the text of House section 433 
     prohibiting the use of funds to finalize, issue, implement, 
     or enforce the existing EPA wastewater blending policy.
       Section 204 includes the text of Senate section 436 
     prohibiting the use of funds in contravention of 15 U.S.C. 
     2682(c)(3), dealing with lead-based paint, or to delay 
     implementation of that provision of law.
       Section 205 includes language, as proposed by the Senate 
     under Administrative Provisions for the EPA, prohibiting the 
     use of funds to publish proposed or final regulations 
     relating to certain small engines required by section 428(b) 
     of division G of Public Law 108-199 until the Administrator 
     has completed and published a technical study of safety 
     issues, including the risk of fire and burn to consumers.

                      TITLE III--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                     forest and rangeland research

       The conference agreement provides $283,094,000 for forest 
     and rangeland research instead of $285,000,000 as proposed by 
     the House and $280,892,000 as proposed by the Senate. The 
     forest inventory and analysis program is provided $60,267,000 
     instead of $62,100,000 recommended by the House and 
     $58,434,000 recommended by the Senate; this is an increase of 
     $4,341,000 above the fiscal year 2005 level. The managers 
     agree to the following changes to recommendations that were 
     proposed by the House:

[[Page 17695]]



------------------------------------------------------------------------
                                            Conference recommendation:
                                         -------------------------------
           Project or activity              Change from
                                               House       Project total
------------------------------------------------------------------------
Fixed costs.............................      -3,000,000      $3,177,000
Forest inventory and analysis...........      -1,833,000      60,267,000
Advanced wood structure research........               0       1,500,000
Adelgid research NE station.............               0       1,600,000
Emerald ash borer research in Ohio......               0         400,000
Southern pine beetle initiative.........               0       2,400,000
Coweeta, flood and landslide research...               0         200,000
Coweeta, technology transfer, NC........        -150,000         296,000
Bent Creek, technology transfer, NC.....         150,000         150,000
Joe Skeen Inst. Montana St. Univ........         350,000         350,000
Center for bottomlands hardwoods, MS....         500,000         500,000
Forest Products Laboratory salvage               700,000         700,000
 lumber, WI.............................
NE States research cooperative..........         350,000       2,322,000
Hydrology studies at Starkville, MS.....         500,000         500,000
Baltimore urban watershed, MD...........         100,000         197,000
Flood modeling, Fernow Expt. Forest, WV.         227,000         227,000
NE Station land use decision models.....         200,000         200,000
------------------------------------------------------------------------

       The managers also agree to the following:
       1. The funding provided for advanced wood structure 
     research should be used for merit-based work by the Forest 
     Products Laboratory and cooperators, including members of the 
     advanced housing research consortium. This replaces 
     recommendations made by both the House and the Senate.
       2. The managers do not support the proposal to close the 
     research work unit in Morgantown, WV and direct the Service 
     to maintain funding near the fiscal year 2005 level for work 
     unit RWU NE-4751.
       3. The managers direct the Forest Service to continue 
     working with the USDA Cooperative State Research, Education, 
     and Extension Service to administer the program with the Joe 
     Skeen Institute for Rangeland Restoration at Montana State 
     University.
       4. The Forest Service should ensure that all research 
     facility managers understand how to comply fully with 
     Congressional allocations in a timely manner.
       5. The managers support efforts by the Forest Products 
     Laboratory in Madison, Wisconsin, to prioritize its wood 
     products research programs and urge the Forest Service to 
     work with industry partners and research users to develop a 
     comprehensive, agency-wide wood products research plan to 
     guide future investment at the Laboratory.


                       state and private forestry

       The conference agreement provides $283,577,000 for State 
     and private forestry instead of $254,875,000 as proposed by 
     the House and $254,615,000 as proposed by the Senate. Funding 
     levels for this appropriation should follow the House 
     recommendations unless otherwise instructed herein.
       Forest Health Management.--The conference agreement 
     provides $54,236,000 for Federal lands forest health 
     management instead of $55,000,000 as proposed by the House 
     and $50,023,000 as proposed by the Senate. The conference 
     agreement includes $47,629,000 for cooperative lands forest 
     health management instead of $48,000,000 as proposed by the 
     House and $22,608,000 as proposed by the Senate. The change 
     from the House recommendation is the addition of $300,000 for 
     the Vermont forest monitoring cooperative as proposed by the 
     Senate, and a general reduction of $671,000.
       Cooperative Fire Assistance.--The conference agreement 
     includes $33,422,000 for State fire assistance instead of 
     $35,422,000 as proposed by the House and $26,500,000 as 
     proposed by the Senate. This allocation includes $2,500,000 
     as proposed by the House for urgent work near the San 
     Bernardino National Forest, and a general program decrease of 
     $2,000,000 below the House level.
       The conference agreement includes $6,000,000 for volunteer 
     fire assistance as proposed by both the House and the Senate. 
     The conference agreement also includes additional funds for 
     State fire and volunteer fire assistance as part of the 
     national fire plan funding within the wildland fire 
     management account.
       Forest Stewardship.--The conference agreement includes 
     $34,699,000 for forest stewardship instead of $37,399,000 as 
     proposed by the House and $32,320,000 as proposed by the 
     Senate. Changes from the House recommendations include a 
     general decrease of $2,500,000 and a decrease of $200,000 for 
     land use decision models. Funding for this last project is 
     included within the research account.
       Forest Legacy Program.--The conference agreement includes 
     $57,380,000 for the forest legacy program instead of 
     $25,000,000 as proposed by the House and $62,632,000 as 
     proposed by the Senate. These funds are derived from the Land 
     and Water Conservation Fund. The conference agreement 
     includes the following distribution of funds for the forest 
     legacy program:

        State and Project                                    Conference
HI Wao Kele o Puna...........................................$3,400,000
TN Walls of Jericho...........................................1,900,000
MA Quabbin Corridor Connection................................2,500,000
ME Katahdin Ironworks.........................................4,500,000
WA Cedar Green Forest.........................................2,000,000
PA History of Forestry........................................2,300,000
WA Carbon River Forest........................................1,630,000
CA Baxter Ranch...............................................1,000,000
MT North Swan River Valley....................................2,800,000
DE Green Horizons.............................................2,000,000
ME Machias River Project Phase II.............................1,500,000
CT Skiff Mountain.............................................1,200,000
CA Six Rivers to the Sea Phase II.............................1,000,000
GA Altamaha River Corridor....................................2,000,000
NY Adirondack Working Forest Easement.........................1,000,000
UT Cedar Project #3...........................................1,500,000
WV Potomac River Hills........................................1,300,000
VT Green Mountain Wildlife Corridor.............................700,000
NJ Sparta Mountain South......................................1,800,000
MT Nevada Creek-Blackfoot Phase II............................1,400,000
ID Singleton Kilgore............................................650,000
MI Kamehameha School Land Conservation Easement...............2,000,000
IN Land Bridge..................................................550,000
KY Knobs State Forest and Wildlife Management Area............1,750,000
USVI Annaly Bay/Hermitage Valley................................500,000
WI Wolf River.................................................1,000,000
CO Banded Peaks Ranch Phase II................................1,500,000
ID St. Joe Basin/Mica Creek...................................1,500,000
UT Range Creek/Rainbow Glass Ranch..............................750,000
NH Rossview...................................................2,000,000
AK Agulowak River...............................................600,000
NM Horse Springs..............................................1,250,000
MN Brainerd Lakes Forest Legacy.................................800,000
VA New River Corridor...........................................230,000
RI Bugnet Tract.................................................600,000
MD Broad Creek................................................1,000,000
PR The Gutierrez Project........................................150,000
IA Monona.......................................................320,000
NH Willard Pond.................................................550,000
GA Paulding County..............................................250,000
Use of prior year funds......................................-3,000,000
Forest Legacy Program Administration, Acquisition Management, and 
  Assessment of Need Planning.................................5,000,000
                                                       ________________
                                                       
      Total, Forest Legacy...................................57,380,000

       The conference agreement retains bill language proposed by 
     the House requiring notification of the Committees on 
     Appropriations when the Forest Service makes funds available 
     for specific forest legacy projects.
       Urban and Community Forestry.--The conference agreement 
     includes $28,875,000 for the urban and community forestry 
     program instead of $28,175,000 as proposed by the House and 
     $28,675,000 as proposed by the Senate. Changes from the House 
     recommendation for this activity include Senate proposals of 
     $350,000 for the Chicago, IL greenstreets program, $350,000 
     for the Milwaukee, WI tree planting program, a $150,000 for 
     the urban watershed forestry research and demonstration 
     cooperative in Baltimore, MD, and an $150,000 general program 
     decrease.
       Economic Action Programs.--The conference agreement 
     includes $9,679,000 for the economic action programs instead 
     of $7,979,000 as proposed by the House and $14,200,000 as 
     proposed by the Senate. The conference agreement includes the 
     funding recommended by the House, with the following changes: 
     $1,500,000 for fuels in schools program in Montana; $500,000 
     for the Hinkle Creek watershed study in Oregon; $300,000 for 
     the University of Idaho, Mica Creek study; $350,000 for the 
     northern forests partnership program as recommended by the 
     Senate; $500,000 for the Purdue University hardwood scanning 
     center, IN; $400,000 for the wood enterprise agent in 
     Montana; $500,000 for the private landowner database in 
     Washington; $750,000 for the Hubbard Brook Foundation, NH; 
     $400,000 for the Ketchikan, AK, wood technology center; 
     $1,000,000 for Madison County, NC, forest recreation center; 
     and $500,000 for the Folkmoot USA in Haywood County, NC for 
     programs and outreach highlighting Appalachian forest folk 
     crafts. The

[[Page 17696]]

     conference agreement includes bill language concerning direct 
     payments for Madison County, NC and Folkmoot USA, NC. Funding 
     for biomass utilization grants are not included under this 
     activity; instead, the conference agreement follows the 
     Senate recommendation to fund that activity within the 
     wildland fire management appropriation.
       Forest Resource Information and Analysis.--The conference 
     agreement includes $4,657,000 for forest resource information 
     and analysis as proposed by the Senate instead of $5,000,000 
     as proposed by the House.
       International Program.--The conference agreement includes 
     $7,000,000 for the International program as proposed by the 
     Senate instead of $6,900,000 proposed by the House.


                         NATIONAL FOREST SYSTEM

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $1,424,348,000 for the 
     national forest system instead of $1,417,920,000 as proposed 
     by the House and $1,377,656,000 as proposed by the Senate.
       Funds should be distributed as follows:

Land management planning....................................$59,057,000
Inventory and monitoring....................................170,179,000
Recreation, heritage & wilderness...........................265,200,000
Wildlife & fish habitat management..........................134,850,000
Grazing management...........................................49,000,000
Forest products.............................................284,297,000
Vegetation & watershed management...........................184,050,000
Minerals and geology management..............................85,865,000
Landownership management.....................................93,000,000
Law enforcement operations...................................89,200,000
Vales Calderas National Preserve, NM..........................5,150,000
Centennial of Service challenge...............................4,500,000
                                                       ________________
                                                       
  Total...................................................1,424,348,000

       The following discussion describes funding changes from the 
     House passed bill.
       Land Management Planning.--The conference agreement 
     provides funding as recommended by the House; funds are not 
     provided for environmental training as recommended by the 
     Senate.
       Inventory and Monitoring.--The agreement includes the House 
     recommendation, plus Senate recommendations of $1,000,000 for 
     the Stennis Space Center, MS, and $170,000 for the Fernow 
     experimental forest hydrology study, WV.
       Recreation, Heritage, and Wilderness Management.--The 
     conference agreement provides funding as recommended by the 
     House.
       Wildlife and Fish Habitat Management.--The conference 
     agreement provides funding as recommended by the House plus 
     an increase above the House level of $50,000 for the Batten 
     Kill river project, VT, bringing the total for this project 
     to $250,000. In addition, the managers direct the Forest 
     Service to support the grizzly bear study in the Flathead NF 
     and surrounding area with $125,000 out of base funds to be 
     used for tracking collars.
       Grazing Management.--The conference agreement provides 
     funding as recommended by the House. The managers replace the 
     Senate recommendations concerning grazing management to 
     encourage the Forest Service and the BLM to modify stocking 
     levels in a manner consistent with the local range 
     conditions, considering that there have been improvements in 
     moisture conditions in some western States. The Service and 
     the BLM should use credible range condition monitoring data 
     from professional range conservationists employed by State or 
     county governments or universities.
       Forest Products.--The conference agreement provides funding 
     as recommended by the House with the addition of $1,000,000 
     above the House level for the Tongass NF, AK. The managers 
     agree to the Senate proposed earmark in bill language of 
     $5,000,000 for Tongass national forest timber sales 
     preparation.
       The managers replace the Senate recommendations concerning 
     performance management systems with instructions included 
     under the administrative provisions heading to clarify that 
     the performance management system needs to include all Forest 
     Service officials and programs.
       The managers modify the Senate recommendations concerning a 
     stewardship contract in New Mexico. The Service is expected 
     to develop and begin implementing by June 1, 2006, one or 
     more large stewardship contracts that are at least 10,000 
     acres, to be on the Lincoln NF, NM. The Service should work 
     with the Mescalero Apache Tribe and the New Mexico State 
     Forester to assure the stewardship contract is drafted so 
     that lands on the Lincoln NF are treated, and the Service 
     should work with this tribe to assist them at developing a 
     stewardship proposal.
       Vegetation and Watershed Management.--The conference 
     agreement provides funding as recommended by the House with 
     the addition of $350,000 above the House level for the leafy 
     spurge eradication program in North Dakota.
       Minerals and Geology Management.--The conference agreement 
     provides funding as recommended by the House.
       Landownership Management.--The conference agreement 
     provides funding as recommended by the House.
       Law Enforcement operations.--The conference agreement 
     decreases the House recommendation for the Daniel Boone NF 
     anti-drug effort by $100,000, leaving a total of $900,000. 
     Similar work on the Mark Twain NF is reduced by $200,000, 
     leaving a total of $500,000. In addition, $500,000 is 
     provided for the Spring Mountains NRA, NV emergency warning 
     system, and there is a general program decrease of $2,000,000 
     below the House recommendation. The managers note that the 
     Administrative provisions include bill language recommended 
     by the House and the Senate concerning the transfer of funds 
     for various overhead charges affecting the law enforcement 
     operations activity.
       Valles Caldera National Preserve.--The managers have put 
     all funding for the Valles Caldera National Preserve, NM, in 
     the national forest system account to facilitate management 
     of this activity; this includes the $3,650,000 the Senate 
     recommended in this account plus an additional $1,500,000 the 
     Senate recommended in the capital improvement and maintenance 
     account.
       Other.--The conference agreement provides that the Land 
     Between the Lakes NRA, TN and KY, should be funded from 
     various accounts at least at the budget request level of 
     $8,400,000. The general reduction to the national forest 
     system account passed on the House floor is not included.


                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $1,779,395,000 for 
     wildland fire management instead of $1,790,506,000 as 
     proposed by the House and $1,745,531,000 as proposed by the 
     Senate.
       Wildfire Preparedness.--The agreement includes $676,014,000 
     for preparedness as proposed by the Senate instead of 
     $691,014,000 as proposed by the House. The managers reiterate 
     the direction contained in the House and Senate reports 
     regarding the need to maintain the level of fire readiness 
     established in fiscal year 2005.
       Wildfire Suppression Operations.--The conference agreement 
     includes $700,492,000 for suppression operations as proposed 
     by both the House and the Senate. The managers have provided 
     the full amount of the ten year average cost of wildfire 
     suppression increased for inflation, an increase of 
     $51,633,000 above the fiscal year 2005 funding level.
       The managers have modified bill language recommended by the 
     House concerning assessing the suppression activity for 
     indirect costs in a manner the same as all other Forest 
     Service accounts and programs. The managers direct that all 
     programs be treated similarly so they can contribute their 
     fair share to the costs of administering and running the 
     Service. The managers do not agree with the House 
     recommendation concerning the second bullet in the budget 
     appendix.
       The conference agreement does not include bill language 
     recommended by the Senate dealing with the transfer of 
     unobligated balances to the national forest system account. 
     The managers agree with the House recommendation that the 
     Forest Service should not automatically allocate 50% of the 
     wildland fire suppression funds to all the regions at the 
     beginning of the year, and there should not be a transfer of 
     any unobligated suppression funds for non-suppression 
     activities. If the Service has a low-cost wildfire season, 
     the unobligated funds should be carried over to pay for 
     future seasons when it is likely that catastrophic wildfires 
     will occur again.
       The managers encourage the Forest Service to establish a 
     suitable memorial for the two brave firefighters who lost 
     their lives July 22, 2003, at the Cramer fire near Salmon, 
     ID.
       The managers direct the Forest Service to make available 
     for public review the results of any feasibility study 
     conducted for the purpose of determining whether to acquire 
     specific models of aircraft for use as air tankers.
       Other Wildfire Operations.--The conference agreement 
     includes $402,889,000 for other fire operation activities 
     instead of $399,000,000 as proposed by the House and 
     $369,025,000 as proposed by the Senate. The allocation of 
     this funding is as follows:

        Program                                                  Amount
Hazardous fuels............................................$286,000,000
Rehabilitation & restoration..................................6,281,000
Research & development.......................................23,219,000
Joint fire science............................................8,000,000
Forest health management-Federal.............................15,000,000
Forest health management-cooperative.........................10,000,000
State and community fire assistance..........................46,500,000
Volunteer fire assistance.....................................7,889,000
                                                       ________________
                                                       
      Total other wildfire operations.......................402,889,000

       Hazardous fuels.--The conference agreement includes 
     $286,000,000 for hazardous fuels treatments as proposed by 
     the House, an increase of $23,461,000 over the fiscal year 
     2005 level. This allocation includes the House proposed 
     $5,000,000 for the San Bernardino NF, CA, and the Senate 
     proposed $1,500,000 for the

[[Page 17697]]

     Santa Fe watershed, NM, and $5,000,000 as proposed by the 
     Senate for biomass utilization grants. The House had 
     recommended the biomass grants funding within the State and 
     private forestry account.
       The conference agreement includes the Senate recommended 
     bill language concerning the use of $5,000,000 for the 
     Community Forest Restoration Act and allowing a transfer for 
     the biomass grants.
       The managers direct the Secretary of Agriculture to report 
     to the House and Senate Committees on Appropriations, the 
     House Agriculture and Resources Committees, and the Senate 
     Energy and Natural Resources Committee on the percentage of 
     fuels reduction or restoration contracts that provide small 
     diameter material to micro businesses, large commercial 
     sawmills, or biomass facilities.
       Rehabilitation.--The conference agreement includes 
     $6,281,000 for rehabilitation and restoration activities. The 
     managers direct that $2,000,000 be made available to the 
     native plant materials program to be used in conjunction with 
     the similar effort at the Department of the Interior under 
     the joint guidance of the interagency plant conservation 
     alliance.
       Fire plan research and development.--The conference 
     agreement includes $23,219,000 for research and development 
     activities. Changes from the House proposal include an 
     increase of $1,150,000 for the University of Montana 
     landscape fire analysis center and $350,000 for the 
     University of Idaho FRAMES project.
       Federal and cooperative forest health management.--The 
     conference agreement includes $15,000,000 for Federal forest 
     health activities and $10,000,000 for cooperative forest 
     health activities as proposed by the House.
       State fire and volunteer fire assistance.--The agreement 
     includes $46,500,000 for State and community fire assistance. 
     Changes from the House recommendation include increases of 
     $2,100,000 for the Alaska Kenai Peninsula Borough, $1,200,000 
     to the Municipality of Anchorage, $800,000 for Fairbanks 
     North Star borough, AK, $1,100,000 for the Matanuska-Susitna 
     Borough, AK, and $300,000 for the Alaska, Cook Inlet tribal 
     council. Senate instructions on distribution of these funds 
     should be followed by the Service.
       The managers direct the Forest Service, working with the 
     State foresters, to review the current State fire assistance 
     allocation methodology for the funding provided under the 
     wildland fire management appropriation and recommend 
     appropriate changes. The State fire assistance under this 
     heading should not be considered the same as the traditional 
     funding in the State and private forestry account. Funding 
     under this heading is intended to support the national fire 
     plan. The managers encourage the Service and the States to 
     focus this funding to those States and activities that the 
     National fire plan suggests are most critically needed to 
     reduce the danger of catastrophic wildfires, rewarding those 
     States with demonstrated performance and cost share. 
     Community wildfire protection planning and cooperative 
     hazardous fuels reduction activities should be highlighted. 
     The Forest Service shall prepare a report to the House and 
     Senate Committees on Appropriations before implementing any 
     new allocation methodology.
       The volunteer fire assistance allocation is $7,889,000 as 
     proposed by the Senate.

                  Capital Improvement and Maintenance

       The conference agreement provides $441,178,000 for capital 
     improvement and maintenance instead of $468,260,000 as 
     proposed by the House and $409,751,000 as proposed by the 
     Senate. This is a reduction of $73,523,000 below the fiscal 
     year 2005 non-emergency funding level. The conference 
     agreement provides for the following distribution of funds:

        Activity/Project                                         Amount
Facilities:
  Maintenance...............................................$51,522,000
  Capital Improvement........................................56,194,000
                                              Congressional Priorities:
    San Bernardino NF, CA.....................................2,000,000
    Redwood Science Lab seismic retrofit, CA..................2,000,000
    Meeks Bay campground, CA....................................778,000
    Turtle Rock fire station relocation, CA...................1,200,000
    Cheoah ranger station, NC...................................900,000
    Region 6 facility disposal, OR & WA.......................1,000,000
    Allegheny NF recreation and admin sites, PA...............2,600,000
    Cherokee NF recreation and admin sites, TN................2,500,000
    Forest Products Laboratory modernization, WI..............2,000,000
    Medicine Bow-Routt storage consolidation, WY & CO.........1,035,000
    Monongahela NF facilities, WV...............................950,000
    Smith County lake, MS.....................................1,000,000
    Homochitto National Forest, Okhissa Lake Project, MS......1,000,000
                                                       ________________
                                                       
      Subtotal Facilities...................................126,679,000
                                                       ================

Roads:
  Maintenance...............................................148,066,000
  Capital Improvement........................................68,133,000
                                              Congressional Priorities:
    Monongahela NF road improvements, WV......................2,300,000
    Tongass NF, AK............................................4,000,000
    Jarbidge Canyon road, NV..................................3,000,000
                                                       ________________
                                                       
      Subtotal Roads........................................225,499,000
                                                       ================

Trails:
  Maintenance................................................42,000,000
  Capital Improvement........................................30,500,000
                                              Congressional Priorities:
    FL National scenic trail....................................500,000
    Continental Divide Trail..................................1,000,000
    Pacific Crest trail improvements, CA OR WA................1,000,000
    Rio Sabana trail, PR........................................250,000
    Midewin National Tallgrass Prairie, IL......................750,000
                                                       ________________
                                                       
      Subtotal Trails........................................76,000,000
                                                       ================

Infrastructure Improvement:
  Fish Passage Barriers, national program.....................2,000,000
  Deferred Maintenance.......................................11,000,000
                                                       ________________
                                                       
      Subtotal Infrastructure Improvement....................13,000,000
                                                       ================

      Total, Capital Improvement and Maintenance............441,178,000

       The managers agree with the overall program direction for 
     this account provided by both the House and the Senate except 
     funding levels and project descriptions are indicated in the 
     table above. The conference agreement includes the bill 
     language recommended by the Senate concerning the Jarbidge 
     Canyon road which provides authority to transfer some funds 
     to the Department of the Interior for certain portions of 
     this project.
       The managers are aware of the importance of modernizing the 
     Forest Products Laboratory. As noted previously, the managers 
     urge the Forest Service to develop an integrated wood 
     products research plan that will guide capital investments. 
     The managers believe that the Forest Service should also 
     conduct a strategic review of facilities needs before 
     modernization efforts begin. Therefore, the managers do not 
     agree with the Senate proposal to fund the construction of a 
     durability test facility at this time. Instead, the managers 
     agree to the House proposal to provide $2,000,000 for the 
     modernization effort at the Laboratory, pending completion of 
     the recommended integrated, national planning effort for wood 
     products research. Once this plan is completed, the managers 
     will give full consideration to supporting the Laboratory's 
     multi-year modernization effort.
       The funds provided for the Allegheny NF include $1,000,000 
     for the Kiasutha campground, $500,000 for Kinzua Wolf Run 
     Marina, $1,000,000 for the Bradford administrative site, and 
     $100,000 for forest-wide signage improvements. The Cherokee 
     NF funding is for the Ocoee Whitewater Center interpretive 
     and facility upgrades, Nolichucky work center property 
     acquisition, the Cherokee hot shot complex, and the Cleveland 
     office relocation project.
       The managers have provided $1,000,000 for environmental 
     studies for a recreational lake in Smith County, Mississippi. 
     The managers note, however, that a feasibility study of this 
     project is currently underway in cooperation with the Forest 
     Service and Mississippi State University. The managers note 
     that conclusion of the ongoing studies regarding issues such 
     as mineral rights and the need for condemnation of these 
     rights is necessary to determine the feasibility of this 
     project. If the study concludes that this project is not 
     feasible, the managers expect that the funds provided for 
     environmental studies will be reprogrammed for other high 
     priority construction needs in Mississippi.

                            Land Acquisition

       The conference agreement provides $42,500,000 for land 
     acquisition instead of $15,000,000 as proposed by the House 
     and $44,925,000 as proposed by the Senate.
       The managers agree to the following distribution of funds:

        Area (State)                                             Amount
Arkansas Forests, multiple NFs (AR)..........................$1,000,000
Blackfoot River Community Project (Blackfoot Challenge), Helena & Lolo 
  NFs: (MT)...................................................6,000,000
Bonneville Shoreline Trail, multiple NFs (UT).................1,500,000
Columbia River Gorge NSA, multiple NFs (OR/WA)................1,500,000
Daniel Boone NF (KY)............................................750,000
Delta NF (MS).................................................1,500,000
Goose Creek-Smith River, Six Rivers NF (CA)...................1,000,000
Greater Yellowstone Area, multiple NFs (MT/ID)................1,000,000

[[Page 17698]]

Green Mountain NF (VT)..........................................500,000
High Elk Corridor, White River NF (CO)..........................500,000
High Uintas, Wasatch-Cache NF (UT)..............................700,000
Hoosier Unique Areas, Hoosier NF (IN)...........................250,000
I-90 Corridor, Mt. Baker-Snoqualmie NF (WA).....................975,000
Illinois Disappearing Habitat, Shawnee NF (IL)..................250,000
Lady C Ranch, Black Hills NF (SD)...............................750,000
Middle Yuba-Barker Pass, Tahoe NF (CA)..........................500,000
Minnesota Wilderness, Chippewa/Superior NF (MN).................125,000
Pacific Crest Trail, multiple NFs (CA/OR/WA)....................500,000
Selway Valley Preserve, Beaverhead/Deerlodge NF (MT)..........1,000,000
Spring Hill, Helena NF (MT).....................................600,000
Swan Valley, Flathead NF (MT).................................3,000,000
Thunder Mountain, Payette NF (ID).............................1,000,000
Wayne NF (OH)...................................................600,000
Wisconsin Wild Waterways, Chequamegon-Nicolet NF (WI).........3,000,000
                                                       ________________
                                                       
    Subtotal.................................................28,500,000
Acquisition Management.......................................12,500,000
Cash Equalization...............................................500,000
Critical Inholdings/Wilderness Protection.....................1,000,000
                                                       ________________
                                                       
    Total....................................................42,500,000
       Bill Language.--The conference agreement retains language 
     proposed by the Senate withdrawing from mineral entry or 
     appropriation certain mining claims on the Payette National 
     Forest.

         Acquisition of Lands for National Forests Special Acts

       The conference agreement provides $1,069,000 for the 
     acquisition of lands for national forests special acts as 
     recommended by both the House and the Senate.

            Acquisition of Lands To Complete Land Exchanges

       The conference agreement provides an indefinite 
     appropriation estimated to be $234,000 for the acquisition of 
     lands to complete land exchanges as proposed by both the 
     House and the Senate.

                         Range Betterment Fund

       The conference agreement provides an indefinite 
     appropriation estimated to be $2,963,000 for the range 
     betterment fund as proposed by both the House and the Senate.

    Gifts, Donations and Bequests for Forest and Rangeland Research

       The conference agreement provides $64,000 for gifts, 
     donations and bequests for forest and rangeland research as 
     proposed by both the House and the Senate.

        Management of National Forest Lands for Subsistence Uses

       The conference agreement provides $5,067,000 for management 
     of national forest system lands for subsistence uses in 
     Alaska as proposed by the Senate instead of $5,467,000 as 
     proposed by the House.

               Administrative Provisions, Forest Service

       The managers agree to the following changes to the House 
     recommendations:
       1. The Senate language is included which does not prohibit 
     transfers for reimbursable agreements for the USDA National 
     Information Technology center.
       2. The Senate bill language allowing up to $2,500,000 for 
     the Youth Conservation Corps projects is included.
       3. The conference agreement allows up to $300,000 to be 
     used by the National Forest Foundation for administrative 
     expenses. The managers expect the Foundation to raise funds 
     so this allocation can be reduced in the future.
       4. The Senate language is included allowing certain 
     authorized payments to the counties within the Columbia River 
     Gorge National Scenic Area, WA & OR.
       5. The Senate language is included allowing the Forest 
     Service to reimburse the USDA Office of the General Counsel 
     for certain travel expenses.
       6. The Senate language is included which transfers certain 
     land on Kodiak Island, AK, from the Forest Service to the 
     U.S. Fish and Wildlife Service.
       7. The conference agreement includes bill language not 
     included by either the House or the Senate which allows the 
     Forest Service to assess available funds to support the 
     agency's needs for facilities maintenance for administrative 
     and other buildings, but not recreation facilities.This 
     replaces the Senate proposal within Title V which recommended 
     establishing a working capital fund for all agency 
     structures. The new provision allows the Forest Service to 
     transfer up to $35,000,000 from various agency accounts, 
     based on a fair measure of facilities maintenance needs. The 
     managers expect that initially, the Forest Service will use 
     the square feet of building space and the various programs 
     use of this space as the index to establish the transfer 
     levels. The Forest Service should devise a performance based 
     system and need-based system to determine how to allocate 
     assessed funds to the field. Before executing these 
     transfers, the Forest Service shall report to the House and 
     Senate Committees on Appropriations on the details of the 
     proposed transfers and the methodology being used for both 
     the assessment, and the field allocation. In addition, the 
     Forest Service shall, as part of the normal budget 
     justification, report on the anticipated transfers required 
     in future fiscal years, and report on the previous year's 
     transfers and proposed accomplishments. There should also be 
     a display which indicates, by national forest, research 
     station and area, the funding being allocated for facilities 
     maintenance. The budget justification displays shall 
     indicate, for every budget line item, the funding amount 
     being assessed for facilities maintenance. This information 
     should be readily visible along with each program 
     description. The tables should also summarize the budget line 
     item contribution to the other assessments.
       8. This discussion replaces recommendations by both the 
     House and the Senate concerning performance measures. The 
     managers remain concerned about forest outputs and whether 
     on-the-ground accomplishments remain a high priority for the 
     Forest Service. The managers expect the Forest Service to 
     maintain a performance management system that includes 
     performance standards for line officers aggregated up to the 
     Forest level so that forest-wide management goals can be 
     measured against actual accomplishments for each forest. The 
     performance standards should include clear annual measures 
     for programs which are consistent with the output levels 
     specified in the annual budget justification. The Forest 
     Service needs to implement a system of internal data controls 
     and data transparency consistent with the recommendations by 
     the USDA-OIG March, 2005 audit. The Chief should hold agency 
     line officers accountable for reporting accurate performance 
     data in fiscal year 2006. The Forest Service should establish 
     an independent review process to review the reported data. 
     The Forest Service is directed to provide a report to the 
     House and Senate Committees on Appropriations and the 
     relevant House and Senate authorizing committees on this 
     performance management system within 90 days of enactment. 
     This report shall also be made available to the public 
     following submission of the report to the committees noted 
     above.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         INDIAN HEALTH SERVICES

       The conference agreement provides $2,732,298,000 for Indian 
     health services as proposed by the House instead of 
     $2,732,323,000 as proposed by the Senate.
       Bill Language.--The conference agreement modifies language 
     included in both the House and the Senate bills concerning 
     the Individuals with Disabilities Education Act. The two 
     versions contained minor technical differences. The 
     conference agreement includes language included in the Senate 
     bill concerning the distribution of Alaska alcohol wellness 
     funds.
       The managers are aware of Indian health care needs in the 
     state of Nevada and expect the Service to continue to meet 
     with the 22 tribes in Nevada, as well as the Intertribal 
     Council of Nevada and the Intertribal Health Board of Nevada, 
     to discuss ways to improve the delivery and quality of their 
     health services. The managers expect the Service to report to 
     the House and Senate Committees on Appropriations by December 
     31, 2005 with recommendations on how to improve secondary and 
     tertiary care in Nevada, including facility needs and the 
     contract health services program that can be accomplished 
     within current budgetary levels.

                        Indian Health Facilities

       The conference agreement provides $358,485,000 for Indian 
     health facilities instead of $370,774,000 as proposed by the 
     House and $335,643,000 as proposed by the Senate.
       The managers agree to the following distribution of funds:

        Project                                                  Amount
Barrow Hospital, AK..........................................$8,000,000
Fort Belknap, MT staff quarters...............................3,326,000
Kayenta, AZ health center.....................................3,878,000
Mobile dental units...........................................2,000,000
Phoenix Indian Medical Center, AZ.............................8,000,000
San Carlos, AZ Health Center..................................6,139,000
Small ambulatory facilities...................................7,000,000
                                                       ________________
                                                       
    Subtotal.................................................38,343,000
Other:
    Maintenance and improvement..............................52,404,000
    Sanitation facilities....................................93,519,000
    Facilities and environmental health support.............152,959,000
    Equipment................................................21,260,000
                                                       ________________
                                                       
    Total...................................................358,485,000
       Bill Language.--The conference agreement includes language 
     proposed by the Senate authorizing the construction of a 
     replacement health facility in Nome, Alaska, on land owned by 
     the Norton Sound Health Corporation. The House had no similar 
     provision.

[[Page 17699]]

       The managers consider the health facilities construction 
     program to be a critical component in the provision of better 
     health care to Native Americans and, therefore, expect that 
     future budget submissions by the Service will include a much 
     more aggressive schedule to fund these projects.

                     National Institutes of Health

          National Institute of Environmental Health Sciences

       The conference agreement provides $80,289,000 for the 
     national institute of environmental health sciences as 
     proposed by both the House and the Senate.

            AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

            Toxic Substances and Environmental Public Health

       The conference agreement provides $76,024,000 for toxic 
     substances and environmental public health as proposed by 
     both the House and the Senate.
       The managers encourage the ATSDR to continue to support the 
     minority health professions community under its cooperative 
     agreement activities in fiscal year 2006.

                         OTHER RELATED AGENCIES

                   Executive Office of the President


  COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

       The conference agreement provides $2,717,000 for the 
     council on environmental quality and office of environmental 
     quality as proposed by both the House and the Senate.

             Chemical Safety and Hazard Investigation Board


                         salaries and expenses

       The conference agreement provides $9,200,000 for salaries 
     and expenses of the chemical safety and hazard investigation 
     board as proposed by both the House and the Senate.

              Office of Navajo and Hopi Indian Relocation


                         salaries and expenses

       The conference agreement provides $8,601,000 for salaries 
     and expenses of the Office of Navajo and Hopi Indian 
     Relocation as proposed by both the House and the Senate.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

       The conference agreement provides $6,300,000 for payment to 
     the institute as proposed by both the House and the Senate.

                        Smithsonian Institution


                         salaries and expenses

       The conference agreement provides $524,281,000 for salaries 
     and expenses of the Smithsonian Institution instead of 
     $524,381,000 as proposed by the House and $524,135,000 as 
     proposed by the Senate. A reduction of $100,000 from the 
     House level has been taken from the Tropical Research 
     Institute's study of microorganisms in tropical soils. Other 
     changes from the House proposal for activities within this 
     account include an increase of $500,000 to restore base 
     funding for key outreach programs such as the travel 
     exhibition service, fellowships and affiliations, an 
     additional $500,000 to meet the budget request of $1,000,000 
     for an institution-wide collections care and preservation 
     initiative, and a reduction of $1,000,000 from facilities 
     maintenance to fund that activity at the amount requested in 
     the budget.


                           facilities capital

       The conference agreement provides $100,000,000 for the 
     facilities capital account as proposed by the Senate instead 
     of $90,900,000 as proposed by the House. Within this amount, 
     $9,100,000 is provided for the Asia II Trail exhibit at the 
     National Zoological Park as proposed by the House. While 
     supportive of this project, the managers are concerned by the 
     high initial cost estimates and encourage the Smithsonian to 
     look at how the exhibit might be reduced in scope or in some 
     way phased to achieve savings. The managers also understand 
     that an aggressive fundraising effort will be required by the 
     Smithsonian to secure private financing, without which this 
     project cannot be successfully completed. The conference 
     agreement also includes an additional $9,100,000 for the POD 
     5 museum support center storage facility as recommended by 
     the Senate.


           administrative provisions, smithsonian institution

       The conference agreement continues administrative 
     provisions included in the House bill that place restrictions 
     on the use of funds for the following: (1) unapproved changes 
     to science programs; (2) the design of new or expanded 
     facilities; (3) Holt House; and (4) the purchase of 
     buildings. The House provision regarding reprogramming 
     authority is included with a modification that deletes the 
     requirement for written approval from the House and Senate 
     Committees on Appropriations.

                        National Gallery of Art


                         salaries and expenses

       The conference agreement provides $96,600,000 for salaries 
     and expenses of the National Gallery of Art as proposed by 
     the Senate instead of $97,100,000 as proposed by the House.
       The managers note that language is included in Title IV--
     General Provisions raising the indemnity limit for art 
     exhibitions as proposed by the Senate. The managers expect 
     that future requests to alter the indemnity ceilings will be 
     approved through the Office of Management and Budget and 
     either included in the budget justification or, preferably, 
     submitted as an official legislative proposal to, and acted 
     upon by, the appropriate legislative committees of 
     jurisdiction.


            repair, restoration and renovation of buildings

       The conference agreement provides $16,200,000 for repair, 
     restoration and renovation of buildings as proposed by the 
     House instead of $15,000,000 as proposed by the Senate.

             John F. Kennedy Center for the Performing Arts


                       Operations and maintenance

       The conference agreement provides $17,800,000 for 
     operations and maintenance of the Kennedy Center as proposed 
     by both the House and Senate.


                              construction

       The conference agreement provides $13,000,000 for 
     construction instead of $10,000,000 as proposed by the House 
     and $15,200,000 as proposed by the Senate.

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

       The conference agreement provides $9,201,000 for salaries 
     and expenses of the Woodrow Wilson International Center for 
     Scholars as proposed by the Senate instead of $9,085,000 
     proposed by the House.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

       The conference agreement provides $126,264,000 for grants 
     and administration of the National Endowment for the Arts as 
     proposed by the Senate instead of $131,264,000 as proposed by 
     the House.
       The managers expect that the increase above the enacted 
     level will be used to expand the American Masterpieces 
     program by $2,000,000 and partially restore the 
     Administration's proposed reduction to the Challenge America 
     program by $3,000,000.
       Bill Language.--The conference agreement retains bill 
     language proposed by the Senate providing that funds 
     appropriated for the National Endowment for the Arts be 
     expended in accordance with sections 309 and 311 of Public 
     Law 108-108. The House bill addressed this issue in the 
     general provisions section.

                 National Endowment for the Humanities


                       grants and administration

       The conference agreement provides $127,605,000 for grants 
     and administration of the National Endowment of the 
     Humanities as proposed by both the House and the Senate.


                            matching grants

       The conference agreement provides $15,449,000 for matching 
     grants as proposed by both the House and the Senate.

                        Commission of Fine Arts


                         salaries and expenses

       The conference agreement provides $1,893,000 for salaries 
     and expenses of the Commission of Fine Arts as proposed by 
     the House and the Senate.

               National Capital Arts and Cultural Affairs

       The conference agreement provides $7,250,000 for National 
     Capital Arts and Cultural Affairs instead of $7,000,000 as 
     proposed by the House and $7,492,000 as proposed by the 
     Senate.

               Advisory Council on Historic Preservation


                         salaries and expenses

       The conference agreement provides $4,860,000 for salaries 
     and expenses of the Advisory Council on Historic Preservation 
     as proposed by the House instead of $4,943,000 as proposed by 
     the Senate.

                  National Capital Planning Commission


                         salaries and expenses

       The conference agreement provides $8,244,000 for salaries 
     and expenses of the National Capital Planning Commission as 
     proposed by the Senate instead of $8,177,000 as proposed by 
     the House.
       The managers do not object to the Commission's 
     participation in the GIS mapping initiative to the extent it 
     can be supported within base funding. The increase above the 
     enacted level is provided to meet fixed cost adjustments such 
     as pay and utilities.

                United States Holocaust Memorial Museum

                       Holocaust Memorial Museum

       The conference agreement provides $42,780,000 for the 
     Holocaust Memorial Museum instead of $41,880,000 proposed by 
     the House and $43,233,000 proposed by the Senate.

                             Presidio Trust

                          Presidio Trust Fund

       The conference agreement provides $20,000,000 for the 
     Presidio Trust Fund as proposed by the House instead of 
     $19,722,000 as proposed by the Senate.

[[Page 17700]]



      White House Commission on the National Moment of Remembrance


                         SALARIES AND EXPENSES

       The conference agreement provides $250,000 for salaries and 
     expenses of the White House Commission on the National Moment 
     of Remembrance as proposed by the House and the Senate.

                      TITLE IV--GENERAL PROVISIONS

       Sec. 401. The conference agreement retains the House 
     recommendation; there was a minor technical difference 
     between the House and Senate versions.
       Sec. 402. The conference agreement retains the Senate 
     recommendation; the Senate version included a reference to 
     the U.S. code not included by the House.
       Sec. 403 and Sec. 404 were identical in both the House and 
     Senate bills.
       Sec. 405. The conference agreement retains the Senate 
     recommended language that was in Senate section 405 rather 
     than similar language the House had included in section 423. 
     Related language dealing with assessments, which was in House 
     section 405, is not included in the conference agreement.
       Sec. 406. The conference agreement retains the Senate 
     recommended language that was in Senate section 406 rather 
     than similar language the House had included in section 419.
       Sec. 407. The conference agreement retains the Senate 
     recommended language dealing with giant sequoia trees rather 
     than similar language the House had included in section 406.
       Sec. 408. The House and Senate bills had identical language 
     dealing with patents for mining, although the House had 
     included it as section 407.
       Sec. 409. The conference agreement retains the House 
     recommended language dealing with contract support costs for 
     the Bureau of Indian Affairs and the Indian Health Service 
     that was in House section 408. The Senate had no similar 
     provision.
       Sec. 410. The conference agreement retains the Senate 
     recommended language permitting the collection and use of 
     private funds by the National Endowment for the Arts and the 
     National Endowment for the Humanities that was in Senate 
     section 409 rather than similar language the House had 
     included in section 410. The conference agreement now makes 
     this authority permanent rather than one-year as recommended 
     by the House.
       Sec. 411. The House and Senate bills had identical language 
     dealing with the Forest and Rangeland Renewable Resources 
     Planning Act; it was in House section 412 and in Senate 
     section 410.
       Sec. 412. The conference agreement retains the Senate 
     recommended language amending the Knutson-Vandenberg 
     reforestation act, which was in Senate section 411. The House 
     had no similar provision.
       Sec. 413. The House and Senate bills had identical language 
     dealing with Forest Service roads and trails; it was in House 
     section 413 and in Senate section 410.
       Sec. 414. The House and Senate bills had identical language 
     dealing with telephone answering machines; it was in House 
     section 414 and in Senate section 413.
       Sec. 415. The House and Senate bills had identical language 
     dealing with Forest Service land management planning.
       Sec. 416. The conference agreement retains the Senate 
     recommended language addressing timber sales involving Alaska 
     western redcedar, which was in Senate section 414. The House 
     had no similar provision.
       Sec. 417. The House and Senate bills had identical language 
     dealing with mineral leasing within national monuments; it 
     was in section 416 of each bill.
       Sec. 418. The House and Senate bills had identical language 
     continuing a provision providing the Secretary of the 
     Interior and the Secretary of Agriculture the authority to 
     enter into reciprocal agreements with foreign nations 
     concerning the personal liability of firefighters. It was in 
     House section 418 and in Senate section 417.
       Sec. 419. The conference agreement retains the Senate 
     recommended language, which was in Senate section 418, 
     allowing the Eagle Butte Service Unit of the Indian Health 
     Service to utilize health care funding in a more efficient 
     manner. The House had no similar provision.
       Sec. 420. The conference agreement retains the Senate 
     recommended language, which was in Senate section 419, 
     allowing the Secretary of Agriculture and the Secretary of 
     the Interior to consider local contractors when awarding 
     contracts for certain activities on public lands. The House 
     had a similar provision in section 420 of the House bill.
       Sec. 421. The House and Senate bills had identical language 
     continuing a provision that limits the use of funds for 
     filing declarations of takings or condemnations. This 
     provision does not apply to the Everglades National Park 
     Protection and Environmental Act. It was in House section 421 
     and in Senate section 420.
       Sec. 422. The conference agreement retains the Senate 
     recommended language, which was in Senate section 421, 
     limiting competitive sourcing studies by the Secretary of the 
     Interior and the Forest Service. The House had a similar 
     provision in section 422 of the House bill. The conference 
     agreement now allows the Secretary of the Interior up to 
     $3,450,000 and the Forest Service up to $3,000,000 for this 
     work. In addition, the Secretary of Agriculture should 
     consider the impact on wildland fire management activities 
     when conducting competitive sourcing studies.
       Sec. 423. The House and Senate bills had identical language 
     prohibiting the transfer of funds for SAFECOM and Disaster 
     Management projects; it was in section 424 of the House bill 
     and section 422 of the Senate bill.
       Sec. 424. The House and Senate bills had identical language 
     requiring that contact centers associated with the national 
     recreation reservation service be located within the United 
     States; it was in section 425 of the House bill and section 
     423 of the Senate bill.
       Sec. 425. The conference agreement modifies similar 
     language extending a pilot program to enhance Forest Service 
     administration of rights-of-way recommended by both the House 
     and the Senate. It was in section 426 of the House bill and 
     section 424 of the Senate bill. The language now is effective 
     for one year.
       Sec. 426. The conference agreement retains the Senate 
     recommended language, which was in Senate section 425, 
     extending the Forest Service's ability to enter into certain 
     cooperative agreements with third parties that are of 
     mutually significant benefit. The House had no similar 
     provision.
       Sec. 427. The conference agreement retains the Senate 
     recommended language, which was in Senate section 426, 
     amending the Arts and Artifacts Indemnity Act to raise the 
     Federal indemnity ceilings on individual exhibitions from 
     $600,000,000 to $1,200,000,000, and in the aggregate from 
     $8,000,000,000 to $10,000,000,000. The House had no similar 
     provision.
       Sec. 428. The conference agreement modifies the House 
     recommended language, which was in House section 427, 
     extending the authority for the Service First program of the 
     Department of the Interior and the Forest Service. The Senate 
     had no similar provision. The authority now extends through 
     fiscal year 2008 and also clarifies that the National Park 
     Service and the Fish and Wildlife Service may participate, as 
     well as the Bureau of Land Management and the Forest Service.
       Sec. 429. The conference agreement retains the House 
     recommended language concerning a land exchange in San 
     Bernardino, CA, which was in House section 428. The Senate 
     had no similar provision.
       Sec. 430. The conference agreement retains the House 
     recommended language continuing a previous provision 
     concerning Finger Lakes National Forest, NY, oil and gas 
     leasing, which was in House section 430. The Senate had no 
     similar provision.
       Sec. 431. The conference agreement modifies the Senate 
     recommended provision, which was in Senate section 427, 
     authorizing the Eastern Nevada Landscape Coalition to enter 
     into agreements with the Departments of the Interior and 
     Agriculture. The language now is effective for one year. The 
     House had no similar provision.
       Sec. 432. The conference agreement retains, with minor 
     technical modifications, the Senate recommended language, 
     which was in Senate section 426, amending the Valles Caldera 
     Preservation Act. This provision requires the Secretary of 
     Agriculture to develop a fire management plan and enter into 
     a cooperative fire management agreement for the Valles 
     Caldera National Preserve. The Forest Service shall also 
     provide wildfire pre-suppression and non-emergency 
     rehabilitation and restoration services for the Trust, which 
     manages the Preserve, on a reimbursable basis. The House had 
     no similar provision.
       Sec. 433. The conference agreement retains the Senate 
     recommended language, which was in Senate section 429, 
     prohibiting the use of funds to demolish certain structures 
     on the Zephyr Shoals property, Lake Tahoe, NV. The House had 
     no similar provision.
       Sec. 434. The conference agreement modifies the Senate 
     recommended language, which was in Senate section 432, 
     extending the Forest Service authority to conduct certain 
     work on non-Forest Service land. The authority now extends 
     for five years. The House had no similar provision.
       Sec. 435. The conference agreement retains the Senate 
     recommended language, which was in Senate section 433, 
     setting certain conditions for the grant of a zoning variance 
     for the property at 51 Louisiana Ave., NW, Washington D.C. 
     The House had no similar provision.
       Sec. 436. The conference agreement includes a new provision 
     authorizing the acquisition of lands for the Chequamegon-
     Nicolet National Forest, WI, and directing the Secretary to 
     maintain existing management practices on those lands.
       Sec. 437. The conference agreement includes a new provision 
     for a $5,000,000 grant to Kendall County, Illinois.
       Sec. 438. Modifies section 344 of the Department of the 
     Interior and Related Agencies Appropriations Act, 2005 
     regarding the lands to be acquired for the Kenai Fjords 
     interagency visitor center and the use of funds not required 
     for land acquisition.
       Sec. 439. The conference agreement includes an across the 
     board rescission of 0.476 percent. This reduction should be 
     applied to each program, project, and activity, except for 
     Miscellaneous Payments to Indians,

[[Page 17701]]

     which has a different application of the rescission as 
     specified in the statutory language.
       The conference agreement does not include a provision in 
     section 405 of the House bill providing for restrictions on 
     departmental assessments unless approved by the Committees on 
     Appropriations.
       The conference agreement does not include a provision in 
     section 409 of the House bill specifying reforms and 
     limitations dealing with the National Endowment for the Arts.
       The conference agreement does not include a provision in 
     section 411 of the House bill providing direction to the 
     National Endowment for the Arts on funding distribution.
       The conference agreement does not include a provision in 
     section 417 of the House bill extending the Forest Service 
     Conveyance Pilot Program.
       The conference agreement does not include a provision in 
     section 429 of the House bill requiring a report of the 
     expenditure of funds pursuant to the Southern Nevada Public 
     Lands Management Act.
       The conference agreement does not include a provision in 
     section 431 of the House bill prohibiting the Fish and 
     Wildlife Service to use land acquisition funds for the 
     purchase of water rights in the Klamath Basin, CA.
       The conference agreement does not include a provision in 
     section 435 of the House bill limiting the number of federal 
     employees that can be sent to international conferences.
       The conference agreement does not include a provision in 
     section 437 of the House bill prohibiting the use of funds 
     for the sale or slaughter of wild free roaming horses and 
     burros.
       The managers have not included language proposed by the 
     Senate in section 434 dealing with the Biscuit fire recovery 
     but the managers would like to have a report from the Forest 
     Service on this issue. Accordingly, by March 1, 2006 the 
     Forest Service should submit a report to the House and Senate 
     Committees on Appropriations (and make this report publicly 
     available on the agency web-site) which discusses the 
     following issues concerning the Biscuit fire in southern 
     Oregon:
       1. The change in reforestation capabilities and costs 
     between the date of the containment of the Biscuit Fire and 
     the completion of the Biscuit Fire Recovery Project, as 
     detailed in the Record of Decision.
       2. The commercial value lost, as well as recovered, of 
     fire-killed timber within the Biscuit Fire area.
       3. All actions included in the Record of Decision for the 
     Biscuit Fire Recovery Project, but forgone because of delay 
     or funding shortfall.
       4. The Forest Service original estimate of the acres that 
     should be reforested and the cost in dollars and per acre, 
     including planting stock and overhead and a summary of the 
     original schedule to do the work.
       5. A summary of the initial Forest Service plan to salvage 
     timber; including a discussion of the acres which would have 
     been harvested and the estimated volume and value of that 
     salvage, as well as the cost to the Federal government to 
     develop and administer the sale and the anticipated cost to 
     the purchasers.
       6. A similar summary for the final Forest Service salvage 
     plan.
       7. A presentation and list of all of the timber sales 
     offered and planned, including the volume, and appraised 
     value. The presentation should indicate sales offered but not 
     sold, and sales not yet underway. It should also separate out 
     sales by land management regime.
       The conference agreement does not include a provision in 
     section 437 of the Senate bill expressing the sense of the 
     Senate with regard to the national debt and funding for the 
     global war on terror.

    TITLE V--FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT ACT

       The conference report modifies legislation recommended by 
     the Senate in Title V. This provision allows the Forest 
     Service to dispose of administrative facilities that are no 
     longer needed and use all of the revenue to reduce the 
     administrative-site deferred maintenance backlog. This 
     improves the Service's ability to realign facilities to meet 
     the needs of the workforce and the Nation. The legislation 
     authorizes the Secretary of Agriculture to sell, lease, 
     exchange or combine a sale and exchange of certain 
     administrative sites the Secretary determines are no longer 
     needed for National Forest System purposes. The legislation 
     incorporates new authorities for streamlining regulations to 
     facilitate the timely disposal of administrative sites and to 
     improve the marketability of the sites. All receipts derived 
     from the conveyance of administrative sites and facilities 
     shall be deposited in the Sisk Act fund and remain available 
     to the Secretary until expended, without further 
     appropriations. These funds will be used for the 
     administrative costs incurred in conveying sites; the 
     acquisition of land for administrative sites; and for the 
     decommissioning, construction, maintenance, rehabilitation, 
     and improvement of administrative sites.
       The managers make the following recommendations:
       1. The Service is allowed to dispose of up to 10 isolated, 
     undeveloped sites per year which were acquired or used for 
     administrative purposes, with certain limitations.
       2. Certain lands are explicitly excluded, including any 
     land within the national wilderness system, in the wild and 
     scenic river system, lands specifically designated for 
     natural area or recreation purposes, or in a national 
     monument. In addition, it is the intent of the managers that 
     the exclusions apply to undeveloped lands on historic trails 
     and sites, national preserves, national recreation areas, 
     national scenic areas, national conservation areas, national 
     botanical areas, national forest primitive areas, research 
     natural areas, national game refuges and wildlife preserve 
     areas, and officially designated special interest areas.
       3. The managers direct that the service should not dispose 
     of lands needed for natural resource management, or lands 
     which are important to provide public access to other lands 
     or waters, such as recreational river corridors or sites with 
     special recreational values.
       4. The managers intend that disposal of lands will not 
     create new non-Federal inholdings within larger areas of 
     contiguous Federal or other publicly owned lands available 
     for recreational activities.
       5. The provision requires the Service to include detailed 
     displays in the annual budget justification of the 
     anticipated program under this authority and provide other 
     details so the Congress and the public can evaluate the 
     program and its impact. The Service should notify the 
     Congress if changes to this plan are later necessary. The 
     managers are concerned that future appropriation decisions 
     concerning facility construction, reconstruction and 
     maintenance being made will be fully informed by knowledge of 
     the anticipated revenues derived from this new authority. The 
     managers also understand that the revenue stream will be 
     temporary, and that all areas of the Nation do not have a 
     similar amount of excess facilities nor ability to generate 
     revenue.
       6. The authorities provided by this Title expire on 
     September 30, 2008. However, the managers will closely 
     monitor the implementation of this provision. The managers 
     encourage the Congress to extend the authority if steady 
     progress is demonstrated. As with the pilot conveyance 
     authority, the Service is more likely to successfully plan 
     and implement project planning if there continues to be no 
     less than two or three years remaining on the authority.
       7. The conference agreement repeals the previous pilot 
     conveyance authority, which was established in the Department 
     of the Interior and Related Agencies Appropriations Act, 
     2002. The repeal is effective as of September 30, 2006, and 
     any project initiated under the pilot authority may be 
     completed under that authority.
       8. The agreement continues the Senate-recommended language 
     concerning lead-based and asbestos abatement, but limits the 
     exclusion only to laws affecting these matters.
       9. The agreement clarifies that the Forest Service should 
     follow the National Environmental Policy Act (NEPA) with the 
     exception that the Service must analyze only the most 
     reasonably foreseeable use of the site, and determine whether 
     or not to reserve any right, title or interest in the sites. 
     The managers expect that, consistent with the NEPA, the 
     Service will evaluate the alternative of not disposing of the 
     sites.
       10. The agreement requires that the Forest Service consult 
     with local governmental officials of the community in which 
     the administrative site is located and provide public notice 
     of the proposed conveyance.
       11. The conference agreement does not include the Senate 
     proposal concerning the working capital fund. However, the 
     conference agreement includes, within the Administrative 
     provisions section of the Forest Service, bill language which 
     allows the Forest Service to assess all funds available to 
     the agency to support maintenance of facilities other than 
     recreation facilities. The managers expect that this 
     assessment approach will provide field managers an incentive 
     to carefully evaluate their space needs and help reduce the 
     total amount of building space maintained. This should save 
     money and reduce the tremendous backlog in deferred 
     maintenance that has accumulated within the Forest Service.

                     TITLE VI--VETERANS HEALTH CARE

       Sec. 601. Appropriated $1,500,000,000 to the Department of 
     Veterans Affairs for Medical services for fiscal year 2005. 
     The conferees agree that the amount provided will be 
     available until September 30, 2006. The conferees note that 
     the fiscal year 2006 budget amendment submitted to the 
     Congress on July 14, 2005 included additional fiscal year 
     2005 requirements for Medical Services. The conferees agree, 
     that prior to completion of the fiscal year 2006 
     appropriations Act for the Department of Veterans Affairs, 
     the House and Senate subcommittees of jurisdiction will 
     continue to evaluate and adjust the funding level required 
     for fiscal year 2006 based upon most current information 
     available.

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[[Page 17728]]

     Jerry Lewis,
     Zach Wamp,
     John E. Peterson,
     Don Sherwood,
     Ernest J. Istook, Jr.,
     Robert Aderholt,
     John T. Doolittle,
     Michael Simpson,
     Norman D. Dicks,
     James P. Moran,
     Maurice D. Hinchey,
     John W. Olver,
     Alan B. Mollohan,
                                Managers on the Part of the House.
     Conrad Burns,
     Ted Stevens,
     Thad Cochran,
     Pete V. Domenici,
     Robert F. Bennett,
     Judd Gregg,
     Larry Craig,
     Wayne Allard,
     Byron L. Dorgan,
     Robert C. Byrd,
     Patrick J. Leahy,
     Harry Reid,
     Dianne Feinstein,
     Barbara A. Mikulski,
     Herb Kohl,
     Managers on the Part of the Senate.

                          ____________________