    [Public Papers of the Presidents of the United States: George W. Bush (2005, Book II)]
    [August 2, 2005]
    [Pages 1293-1294]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Department of the Interior, Environment, and
    Related Agencies Appropriations Act, 2006
    August 2, 2005

        Today, I have signed into law H.R. 2361, the ``Department of
    Interior, Environment, and Related Agencies Appropriations Act, 2006.''
    This bill appropriates funds for FY 2006 for the Department of the
    Interior, the Forest Service of the Department of Agriculture, the
    Indian Health Service of the Department of Health and Human Services,
    the Environmental Protection Agency, and several smaller agencies.
        Provisions of the Act that purport to require congressional
    committee or individual leaders' approval prior to execution of the law
    shall be construed as calling solely for notification, as any other
    construction would be inconsistent with the principles enunciated by the
    Supreme Court of the United States in INS vs. Chadha. These provisions
    include language under the headings ``United States Fish and Wildlife
    Service, Administrative Provisions,'' ``National Park Service,
    Construction,'' ``Departmental Management, Salaries and Expenses,''
    ``Natural Resources Damage Assessment and Restoration, Administrative
    Provisions,'' ``Forest Service, Wildland Fire Management,''
    ``Administrative Provisions, Forest Service,'' ``Administrative
    Provisions, Indian Health Service,'' and ``Administrative Provisions,
    Smithsonian Institution,'' as well as sections 130, 405, 421, 422, and
    435 of the Act.
        Provisions of the Act, such as language under the headings
    ``National Park Service, Historic Preservation Fund,'' ``Environmental
    Protection Agency, State and Tribal Assistance Grants,'' and
    ``Administrative Provisions, Smithsonian Institution,'' purport to
    require execution of the Act in consultation with congressional
    committees. The executive branch shall construe this requirement in a
    manner consistent with the Constitution's grant to the President of
    exclusive authority to faithfully execute the laws and supervise the
    unitary executive branch. Further, sections 101 and 102 purport to
    require the President to submit supplemental appropriations requests.
    The executive branch shall construe these sections in a manner
    consistent with the President's constitutional authority to recommend
    for congressional consideration such measures, including requests for
    appropriations, as he judges necessary and expedient.
        Finally, in language under the headings ``State and Tribal
    Assistance Grants,'' Environmental Protection Agency,'' and ``Department
    of Health and Human Services, Indian Health Services,'' the Act purports
    to require that certain funds be spent consistent with the joint
    explanatory statement of managers and an instruction in a Senate report.
    These documents do not satisfy the constitutional requirements of
    bicameral approval and presentment to the President needed to give them
    the force of law.

                                                              George W. Bush

     The White House,

     August 2, 2005.

    Note: H.R. 2361, approved August 2, was assigned Public Law No. 109-54.
    An original was not available for verification of the content of this
    statement.

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