[House Report 109-188]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-188
======================================================================
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR, ENVIRONMENT,
AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006, AND
FOR OTHER PURPOSES
_______
July 26, 2005.--Ordered to be printed
_______
Mr. Taylor of North Carolina, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 2361]
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 willhire
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.
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 offorfeiture, 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 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 supportof 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 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.
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
provisionin 25 U.S.C. 2507(e): Provided further, That in order
to ensure timely completion of replacement school construction
projects, the Secretary may assume control of a project and all funds
related to the project, if, within eighteen months of the date of
enactment of this Act, any tribe or tribal organization receiving funds
appropriated in this Act or in any prior Act, has not completed the
planning and design phase of the project and commenced construction of
the replacement school: Provided further, That this Appropriation may
be reimbursed from the Office of the Special Trustee for American
Indians Appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust reform
implementation.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
For miscellaneous payments to Indian tribes and individuals
and for necessary administrative expenses, $34,754,000, to
remain available until expended, for implementation of Indian
land and water claim settlements pursuant to Public Laws 99-
264, 100-580, 101-618, 106-554, 107-331, and 108-34, and for
implementation of other land and water rights settlements, of
which $10,000,000 shall be available for payment to the
Quinault Indian Nation pursuant to the terms of the North
Boundary Settlement Agreement dated July 14, 2000, providing
for the acquisition of perpetual conservation easements from
the Nation.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed and insured loans, $6,348,000,
of which $701,000 is for administrative expenses, as authorized
by the Indian Financing Act of 1974, as amended: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $118,884,000.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management,
operation, and maintenance of the Power Division of the San
Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and
insurance fund, and the Indian Guaranteed Loan Program account)
shall be available for expenses of exhibits, and purchase and
replacement of passenger motor vehicles.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
operations or pooled overhead general administration (except
facilities operations and maintenance) shall be available for
tribal contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance Act
of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs for
distribution to other tribes, this action shall not diminish
the Federal Government's trust responsibility to that tribe, or
the government-to-government relationship between the United
States and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
Appropriations made available in this or any other Act for
schools funded by the Bureau shall be availableonly 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 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
theInterior 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 oiland 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 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--
(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 is 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
wasteinfrastructure 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 $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 CERCLAto 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 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 andRangeland 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
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 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 tribalcourts 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.
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 Artmay be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price: Provided further, That,
notwithstanding any other provision of law, a single procurement for
the Master Facilities Plan renovation project at the National Gallery
of Art may be issued which includes the full scope of the Work Area #3
project: Provided further, That the solicitation and the contract shall
contain the clause ``availability of funds'' found at 48 CFR 52.232.18.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$17,800,000.
CONSTRUCTION
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $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 determinesthat, 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 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 thisprovision
shall not apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to funds
appropriated for Federal assistance to the State of Florida to acquire
lands for Everglades restoration purposes.
Sec. 422. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any
other Act to the Department of the Interior for fiscal
year 2006, not more than $3,450,000 may be used by the
Secretary of the Interior to initiate or continue
competitive sourcing studies in fiscal year 2006 for
programs, projects, and activities for which funds are
appropriated by this Act 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 theGreat 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
(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 containinga 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.
(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 B. 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:
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 reprogrammings 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 orlimited
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
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
theDepartment 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 agreementbetween 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 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 insavings, 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
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
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
Corridor............................................ 800,000
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/MoClellan'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
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), TX....................................... 200,000
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 services)................................ 804,000
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/ UNM)............................................. 4,238,000
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
restrooms).......................................... 764,000
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 center)................................... 3,690,000
Hopewell Culture NHP (salvage arch. resources threatened
by erosion)......................................... 389,000
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 and Annex)...................................... 7,900,000
Mt. Rainier NP (replace Jackson Visitor Ctr and rehab
parking areas)...................................... 14,307,000
New River Gorge NR (various)............................ 769,000
Olympic NP (Elwha River ecosystem)...................... 5,000,000
Pinnacles NM (relocate and replace maintenance & visitor
facilities)......................................... 4,794,000
Redwood NP (protect park resources by removing failing
roads).............................................. 2,169,000
San Francisco Maritime NHP (repair Sala Burton Maritime
Museum bldg.)....................................... 4,350,000
Saugus Iron Works NHS (rehab resources for accessibility
and safety)......................................... 1,334,000
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
waste. plant)....................................... 2,176,000
--------------------------------------------------------
____________________________________________________
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 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 conference 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 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 hasnot
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 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 Ice Age NST to be granted to a State, a
local government, or any other land management entity. The
modification adds Niobrara NSR.
Sec. 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.
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
disruptorresearch 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
------------------------------------------------------------------------
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 managers 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 any
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
$100,000,000 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.
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.
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.
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 forwastewater 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:
------------------------------------------------------------------------
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, and $150,000 for the
urban watershed forestry research and demonstration cooperative
in Baltimore, MD, and a $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 conference
agreement includes bill language concerning direct payments for
Madison County, NC and Folkmoot USA, NC. Funding for
biomassutilization 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
haveprovided 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 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 andactivities 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
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.
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.
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 similarlanguage 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
onnon-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, 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 theNation. 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. Appropriates $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.
Charles H. Taylor,
Jerry Lewis,
Zach Wamp,
John E. Peterson,
Don Sherwood,
Ernest J. Istook, Jr.,
Robert B. 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.