[109th Congress Public Law 54]
[From the U.S. Government Printing Office]
[DOCID: f:publ054.109]
[[Page 119 STAT. 499]]
Public Law 109-54
109th Congress
An Act
Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2006, and
for other purposes. <<NOTE: Aug. 2, 2005 - [H.R. 2361]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
the Interior, Environment, and Related Agencies Appropriations Act,
2006.>> 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.
[[Page 119 STAT. 500]]
wildland fire management
(including transfer of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $766,564,000, to remain available until expended, of
which not to exceed $7,849,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d,
sums received by a bureau or office of the Department of the Interior
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that protection,
and are available without fiscal year limitation: Provided further, That
using the amounts designated under this title of this Act, the Secretary
of the Interior may enter into procurement contracts, grants, or
cooperative agreements, for hazardous fuels reduction activities, and
for training and monitoring associated with such hazardous fuels
reduction activities, on Federal land, or on adjacent non-Federal land
for activities that benefit resources on Federal land: Provided further,
That the costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That
notwithstanding requirements of the Competition in Contracting Act, the
Secretary, for purposes of hazardous fuels reduction activities, may
obtain maximum practicable competition among: (1) local private,
nonprofit, or cooperative entities; (2) Youth Conservation Corps crews
or related partnerships with State, local, or non-profit youth groups;
(3) small or micro-businesses; or (4) other entities that will hire or
train locally a significant percentage, defined as 50 percent or more,
of the project workforce to complete such
contracts: <<NOTE: Guidelines.>> 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
[[Page 119 STAT. 501]]
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
[[Page 119 STAT. 502]]
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 <<NOTE: 43 USC 1735 note.>> expended: Provided, That,
notwithstanding any provision to the contrary of section 305(a) of
Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have been or will
be received pursuant to that section, whether as a result of forfeiture,
compromise, or settlement, if not appropriate for refund pursuant to
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and
may be expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of a
resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action are
used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on her certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may,
[[Page 119 STAT. 503]]
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.
[[Page 119 STAT. 504]]
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.
[[Page 119 STAT. 505]]
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
[[Page 119 STAT. 506]]
projects: Provided further, That the non-Federal share of such projects
may not be derived from Federal grant
programs: <<NOTE: Deadline.>> 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.
[[Page 119 STAT. 507]]
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, $1,744,074,000, of which $9,892,000 is for
planning and interagency coordination in support of Everglades
restoration and shall remain available until expended; of which
$97,600,000, to remain available until September 30, 2007, is for
maintenance, repair or rehabilitation projects for constructed assets,
operation of the National Park Service automated facility management
software system, and comprehensive facility condition assessments; and
of which $2,000,000 is for the Youth Conservation Corps for high
priority projects: Provided, That the only funds in this account which
may be made available to support United States Park Police are those
funds approved for emergency law and order incidents pursuant to
established National Park Service procedures, those funds needed to
maintain and repair United States Park Police administrative facilities,
and those funds necessary to reimburse the United States Park Police
account for the unbudgeted overtime and travel costs associated with
special events for an amount not to exceed $10,000 per event subject to
the review and concurrence of the Washington headquarters office.
united states park police
For expenses necessary to carry out the programs of the United
States Park Police, $81,411,000.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $54,965,000: Provided, That
none of the funds in this Act for the River, Trails and Conservation
Assistance program may be used for cash agreements, or for cooperative
agreements that are inconsistent with the program's final strategic
plan.
historic preservation fund
For expenses necessary in carrying out the Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333), $73,250,000, to be
derived from the Historic Preservation Fund and to remain available
until September 30, 2007, of which $30,000,000 shall be for Save
America's Treasures for preservation of nationally significant sites,
structures, and artifacts: Provided, That not to exceed $5,000,000 of
the amount provided for Save America's Treasures may be for Preserve
America grants to States, Tribes, and local communities for projects
that preserve important historic resources through the promotion of
heritage tourism: Provided further, That any individual Save America's
Treasures or
[[Page 119 STAT. 508]]
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 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
[[Page 119 STAT. 509]]
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 <<NOTE: 16 USC 460l-10a note.>> 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: <<NOTE: Ellis
Island. Deadline. Reports.>> 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.
[[Page 119 STAT. 510]]
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: <<NOTE: 43 USC 50.>> 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.
[[Page 119 STAT. 511]]
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
addition 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,
[[Page 119 STAT. 512]]
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: <<NOTE: 30
USC 1758.>> 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, <<NOTE: 30 USC 1211
note.>> 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
[[Page 119 STAT. 513]]
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
[[Page 119 STAT. 514]]
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
[[Page 119 STAT. 515]]
100-297, as amended, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for Assistance
Programs contained in 43 CFR part 12 as the regulatory requirements:
Provided further, That such grants shall not be subject to section 12.61
of 43 CFR; the Secretary and the grantee shall negotiate and determine a
schedule of payments for the work to be performed: Provided further,
That in considering applications, the Secretary shall consider whether
the Indian tribe or tribal organization would be deficient in assuring
that the construction projects conform to applicable building standards
and codes and Federal, tribal, or State health and safety standards as
required by 25 U.S.C. 2005(b), with respect to organizational and
financial management capabilities: Provided further, That if the
Secretary declines an application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2504(f): Provided further, That any
disputes between the Secretary and any grantee concerning a grant shall
be subject to the disputes provision in 25 U.S.C. 2507(e): Provided
further, That in order to ensure timely completion of replacement school
construction projects, the Secretary may assume control of a project and
all funds related to the project, if, within eighteen months of the date
of enactment of this Act, any tribe or tribal organization receiving
funds appropriated in this Act or in any prior Act, has not completed
the planning and design phase of the project and commenced construction
of the replacement school: Provided further, That this Appropriation may
be reimbursed from the Office of the Special Trustee for American
Indians Appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust reform
implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $34,754,000, to remain available
until expended, for implementation of Indian land and water claim
settlements pursuant to Public Laws 99-264, 100-580, 101-618, 106-554,
107-331, and 108-34, and for implementation of other land and water
rights settlements, of which $10,000,000 shall be available for payment
to the Quinault Indian Nation pursuant to the terms of the North
Boundary Settlement Agreement dated July 14, 2000, providing for the
acquisition of perpetual conservation easements from the Nation.
indian guaranteed loan program account
For the cost of guaranteed and insured loans, $6,348,000, of which
$701,000 is for administrative expenses, as authorized by the Indian
Financing Act of 1974, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $118,884,000.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative
[[Page 119 STAT. 516]]
agreements, compacts and grants, either directly or in cooperation with
States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
and the Indian Guaranteed Loan Program account) shall be available for
expenses of exhibits, and purchase and replacement of passenger motor
vehicles.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office operations or pooled
overhead general administration (except facilities operations and
maintenance) shall be available for tribal contracts, grants, compacts,
or cooperative agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by this
Act to the Bureau of Indian Affairs for distribution to other tribes,
this action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available to
support the operation of any elementary or secondary school in the State
of Alaska.
Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995. <<NOTE: Charter schools.>> 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
[[Page 119 STAT. 517]]
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: <<NOTE: 48 USC 1469b.>> 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
[[Page 119 STAT. 518]]
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: <<NOTE: 42 USC 9607
note.>> 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.
[[Page 119 STAT. 519]]
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: <<NOTE: 25 USC 4011 note.>> 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: <<NOTE: Records.>> 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
[[Page 119 STAT. 520]]
under the heading ``Office of Special Trustee for American Indians,
Indian Land Consolidation'' of the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106-291).
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and restoration
activities by the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.), and
Public Law 101-337, as amended (16 U.S.C. 19jj et seq.), $6,106,000, to
remain available until expended.
administrative provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in the
``Departmental Management'', ``Office of the Solicitor'', and ``Office
of Inspector General'' may be augmented through the Working Capital
Fund: Provided further, That the annual budget justification for
Departmental Management shall describe estimated Working Capital Fund
charges to bureaus and offices, including the methodology on which
charges are based: Provided further, That departures from the Working
Capital Fund estimates contained in the Departmental Management budget
justification shall be presented to the Committees on Appropriations for
approval: <<NOTE: Reports. Deadlines.>> 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
[[Page 119 STAT. 521]]
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,
[[Page 119 STAT. 522]]
as identified in the final Outer Continental Shelf 5-Year Oil and Gas
Leasing Program, 1997-2002.
Sec. 106. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 107. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Office of Special Trustee for American Indians and
any unobligated balances from prior appropriations Acts made under the
same headings shall be available for expenditure or transfer for Indian
trust management and reform activities, except that total funding for
historical accounting activities shall not exceed amounts specifically
designated in this Act for such purpose.
Sec. 108. Notwithstanding any other provision of law, in fiscal
years 2006 through 2010, for the purpose of reducing the backlog of
Indian probate cases in the Department of the Interior, the hearing
requirements of chapter 10 of title 25, United States Code, are deemed
satisfied by a proceeding conducted by an Indian probate judge,
appointed by the Secretary without regard to the provisions of title 5,
United States Code, governing the appointments in the competitive
service, for such period of time as the Secretary determines necessary:
Provided, That the basic pay of an Indian probate judge so appointed may
be fixed by the Secretary without regard to the provisions of chapter
51, and subchapter III of chapter 53 of title 5, United States Code,
governing the classification and pay of General Schedule employees,
except that no such Indian probate judge may be paid at a level which
exceeds the maximum rate payable for the highest grade of the General
Schedule, including locality pay.
Sec. 109. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2006.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
Sec. 110. (a) For fiscal year 2006 and each succeeding fiscal year,
any funds made available by this Act for the Southwest Indian
Polytechnic Institute and Haskell Indian Nations University for
postsecondary programs of the Bureau of Indian Affairs in excess of the
amount made available for those postsecondary programs for fiscal year
2005 shall be allocated in direct proportion to the need of the schools,
as determined in accordance with the postsecondary funding formula
adopted by the Office of Indian Education Programs.
(b) For fiscal year 2007 and each succeeding fiscal year, the Bureau
of Indian Affairs shall 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.
[[Page 119 STAT. 523]]
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. <<NOTE: Procedures.>> 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. <<NOTE: New Jersey. Ellis Island.>> 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
[[Page 119 STAT. 524]]
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
[[Page 119 STAT. 525]]
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. <<NOTE: New York. New Jersey.>> 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. <<NOTE: Mojave National Preserve.>> 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. <<NOTE: Applicability. Effective date.>> 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
[[Page 119 STAT. 526]]
(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)) <<NOTE: 16 USC 460l-6a, 6812.>> 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) <<NOTE: Applicability. 16 USC 460l-6a note.>> 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) <<NOTE: Effective date. 16 USC 460l-6a note.>> 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) <<NOTE: Captain John Smith.>> 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.
[[Page 119 STAT. 527]]
(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 <<NOTE: 40 USC 8903 note.>> 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.
[[Page 119 STAT. 528]]
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.
[[Page 119 STAT. 529]]
1383(d)(1)(A), to municipal, inter-municipal, interstate, or State
agencies or nonprofit entities for projects that provide treatment for
or that minimize sewage or stormwater discharges using one or more
approaches which include, but are not limited to, decentralized or
distributed stormwater controls, decentralized wastewater treatment,
low-impact development practices, conservation easements, stream
buffers, or wetlands restoration; $850,000,000 shall be for
capitalization grants for the Drinking Water State Revolving Funds under
section 1452 of the Safe Drinking Water Act, as amended, except that,
notwithstanding section 1452(n) of the Safe Drinking Water Act, as
amended, hereafter none of the funds made available under this heading
in this or previous appropriations Acts shall be reserved by the
Administrator for health effects studies on drinking water contaminants;
$50,000,000 shall be for architectural, engineering, planning, design,
construction and related activities in connection with the construction
of high priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the appropriate
border commission; $35,000,000 shall be for grants to the State of
Alaska to address drinking water and waste infrastructure needs of rural
and Alaska Native Villages: <<NOTE: Alaska. Deadline.>> 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
[[Page 119 STAT. 530]]
targeted watershed grants: <<NOTE: 42 USC 300j-12 note.>> 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: <<NOTE: 33 USC
1377 note.>> 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: <<NOTE: 33 USC 1377 note.>> 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
[[Page 119 STAT. 531]]
absence of an acceptable tribal program, may award cooperative
agreements to federally-recognized Indian Tribes or Intertribal
consortia, if authorized by their member Tribes, to assist the
Administrator in implementing Federal environmental programs for Indian
Tribes required or authorized by law, except that no such cooperative
agreements may be awarded from funds designated for State financial
assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide, and
Rodenticide Act (as added by subsection (f)(2) of the Pesticide
Registration Improvement Act of 2003), as amended.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for
fiscal year 2006 may be used to award grants or loans under section
104(k) of CERCLA to eligible entities that satisfy all of the elements
set forth in CERCLA section 101(40) to qualify as a bona fide
prospective purchaser except that the date of acquisition of the
property was prior to the date of enactment of the Small Business
Liability Relief and Brownfield Revitalization Act of 2001.
For fiscal years 2006 through 2011, the Administrator may, after
consultation with the Office of Personnel Management, make not to exceed
five appointments in any fiscal year under the authority provided in 42
U.S.C. 209 for the Office of Research and Development.
Beginning <<NOTE: Effective date. 15 USC 2666 note.>> 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. <<NOTE: Deadline. Public
information. Regulations. Human dosing. Establishment.>> 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. <<NOTE: Deadline.>> 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
[[Page 119 STAT. 532]]
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 (EPA) to publish
proposed or final regulations pursuant to the requirements of section
428(b) of division G of Public Law 108-199 until the Administrator of
the Environmental Protection Agency, in coordination with other
appropriate Federal agencies, has completed and published a technical
study to look at safety issues, including the risk of fire and burn to
consumers in use, associated with compliance with the
regulations. <<NOTE: Deadline. Publication.>> Not later than 6 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, North Carolina,
for a forest recreation center, and a similar $500,000 payment shall be
made available to Folkmoot USA in Haywood County, North Carolina, for
Appalachian folk programs including forest crafts.
[[Page 119 STAT. 533]]
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
[[Page 119 STAT. 534]]
this appropriation shall be used for Fire Science Research in support of
the Joint Fire Science Program: Provided further, That all authorities
for the use of funds, including the use of contracts, grants, and
cooperative agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization of these
funds for Fire Science Research: Provided further, That funds provided
shall be available for emergency rehabilitation and restoration,
hazardous fuels reduction activities in the urban-wildland interface,
support to Federal emergency response, and wildfire suppression
activities of the Forest Service: Provided further, That of the funds
provided, $286,000,000 is for hazardous fuels reduction activities,
$6,281,000 is for rehabilitation and restoration, $23,219,000 is for
research activities and to make competitive research grants pursuant to
the Forest and Rangeland Renewable Resources Research Act, as amended
(16 U.S.C. 1641 et seq.), $46,500,000 is for State fire assistance,
$7,889,000 is for volunteer fire assistance, $15,000,000 is for forest
health activities on Federal lands and $10,000,000 is for forest health
activities on State and private lands: Provided further, That amounts in
this paragraph may be transferred to the ``State and Private Forestry'',
``National Forest System'', and ``Forest and Rangeland Research''
accounts to fund State fire assistance, volunteer fire assistance,
forest health management, forest and rangeland research, vegetation and
watershed management, heritage site rehabilitation, and wildlife and
fish habitat management and restoration: Provided further, That
transfers of any amounts in excess of those authorized in this
paragraph, shall require approval of the House and Senate Committees on
Appropriations in compliance with reprogramming procedures contained in
the report accompanying this Act: Provided further, That funds provided
under this heading for hazardous fuels treatments may be transferred to
and made a part of the ``National Forest System'' account at the sole
discretion of the Chief of the Forest Service thirty days after
notifying the House and the Senate Committees on Appropriations:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the Forest Service
under the State and Private Forestry Appropriation, up to $15,000,000
may be used on adjacent non-Federal lands for the purpose of protecting
communities when hazard reduction activities are planned on national
forest lands that have the potential to place such communities at risk:
Provided further, That included in funding for hazardous fuel reduction
is $5,000,000 for implementing the Community Forest Restoration Act,
Public Law 106-393, title VI, and any portion of such funds shall be
available for use on non-Federal lands in accordance with authorities
available to the Forest Service under the State and Private Forestry
Appropriation: Provided further, That the Secretary of the Interior and
the Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount not to
exceed $9,000,000, between the Departments when such transfers would
facilitate and expedite jointly funded wildland fire management programs
and projects: Provided further, That of the funds provided for hazardous
fuels reduction, not to exceed $5,000,000, may be used to make grants,
[[Page 119 STAT. 535]]
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.
[[Page 119 STAT. 536]]
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
[[Page 119 STAT. 537]]
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
[[Page 119 STAT. 538]]
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: <<NOTE: 16 USC
583j-9 note.>> 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
[[Page 119 STAT. 539]]
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: <<NOTE: Reports. Records.>> 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
[[Page 119 STAT. 540]]
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.: <<NOTE: Alaska. Alcohol and alcohol abuse.>> Provided further,
That of the amounts provided to the Indian Health Service, $15,000,000
is provided for alcohol control, enforcement, prevention, treatment,
sobriety and wellness, and education in Alaska, to be distributed in
accordance with the instruction provided in Senate Report 109-80:
Provided further, That none of the funds may be used for tribal courts
or tribal ordinance programs or any program that is not directly related
to alcohol control, enforcement, prevention, treatment, or sobriety:
Provided further, That no more than 15 percent may be used by any entity
receiving funding for administrative overhead including indirect costs.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $358,485,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities: Provided
further, That not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal facilities:
Provided further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities construction for
new homes funded with grants by the housing programs of the United
States Department of Housing and Urban Development: Provided further,
That not to exceed $1,000,000 from this account and the ``Indian Health
Services'' account shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between
[[Page 119 STAT. 541]]
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
[[Page 119 STAT. 542]]
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
[[Page 119 STAT. 543]]
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, <<NOTE: 42 USC 4342 note.>> 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: <<NOTE: 5 USC app. 8G note.>> 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.
[[Page 119 STAT. 544]]
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
[[Page 119 STAT. 545]]
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.
[[Page 119 STAT. 546]]
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $96,600,000,
of which not to exceed $3,157,000 for the special exhibition program
shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $16,200,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price: Provided further, That, notwithstanding
any other provision of law, a single procurement for the Master
Facilities Plan renovation project at the National Gallery of Art may be
issued which includes the full scope of the Work Area #3 project:
Provided further, That the solicitation and the contract shall contain
the clause ``availability of funds'' found at 48 CFR 52.232.18.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $17,800,000.
construction
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $13,000,000, to remain available until
expended.
[[Page 119 STAT. 547]]
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.
[[Page 119 STAT. 548]]
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.
[[Page 119 STAT. 549]]
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. <<NOTE: Contracts. Public information.>> 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.
[[Page 119 STAT. 550]]
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
provided in, this Act or any other Act.
Sec. 407. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant sequoia
(Sequoiadendron giganteum) which are located on National Forest System
or Bureau of Land Management lands in a manner different than such sales
were conducted in fiscal year 2005.
Sec. 408. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply if
the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
(c) Report.--On September 30, 2006, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral <<NOTE: Contracts.>> 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.
[[Page 119 STAT. 551]]
Sec. 410. <<NOTE: 20 USC 959a.>> 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. <<NOTE: 16 USC 1604 note.>> 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
[[Page 119 STAT. 552]]
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
[[Page 119 STAT. 553]]
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: <<NOTE: Guidelines.>> 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
[[Page 119 STAT. 554]]
under applicable procurement laws, except as provided in this section.
Sec. 421. No funds appropriated in this Act for the acquisition of
lands or interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations: Provided,
That this provision shall not apply to funds appropriated to implement
the Everglades National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of Florida to
acquire lands for Everglades restoration purposes.
Sec. 422. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other Act to
the Department of the Interior for fiscal year 2006, not more
than $3,450,000 may be used by the Secretary of the Interior to
initiate or continue competitive sourcing studies in fiscal year
2006 for programs, projects, and activities for which funds are
appropriated by this Act 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
[[Page 119 STAT. 555]]
(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;'';
[[Page 119 STAT. 556]]
(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. 6301-6308, the Director of the
Bureau of Land Management may enter into a cooperative agreement
with the Eastern Nevada Landscape Coalition for the Great Basin
Restoration Project, including hazardous fuels and mechanical
treatments and related work.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Sec. 432. (a) Section 108(g) of the Valles Caldera Preservation Act
(16 U.S.C. 698v-6(g)) is amended--
(1) in the first sentence, by striking ``The Secretary'' and
inserting the following:
``(1) Law enforcement.--
``(A) In general.--The Secretary'';
(2) in the second sentence, by striking ``The Trust'' and
inserting the following:
``(B) Federal agency.--The Trust''; and
[[Page 119 STAT. 557]]
(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) <<NOTE: Effective date. 16 USC 698v-6 note.>> 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;
[[Page 119 STAT. 558]]
(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) <<NOTE: Certification.>> 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) <<NOTE: 118
Stat. 3105.>> is amended as follows:
(1) by striking ``seven'', ``14910001,'', and ``, 14913007,
and 14913008'';
(2) by inserting ``and'' after ``14913005,''; and
(3) by striking all after ``(2)'' and inserting
``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.''.
[[Page 119 STAT. 559]]
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) <<NOTE: Applicability. Reports.>> 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 <<NOTE: Forest Service Facility Realignment and Enhancement Act of
2005. 16 USC 580d note.>> V--FOREST SERVICE FACILITY REALIGNMENT AND
ENHANCEMENT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Forest Service Facility Realignment
and Enhancement Act of 2005''.
SEC. 502. <<NOTE: 16 USC 580d note.>> 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;
[[Page 119 STAT. 560]]
(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. <<NOTE: 16 USC 580d note.>> 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,
[[Page 119 STAT. 561]]
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) <<NOTE: Deadline. Reports.>> Notice of use of
authority.--At least once a year, the Secretary shall submit to
the Committee on Agriculture, the Committee on Appropriations,
and the Committee on Resources of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry, the
Committee on Appropriations, and the Committee on Energy and
Natural Resources of the Senate a report containing a
description of all conveyances of National Forest System land
made by the Secretary under this title or other conveyance
authorities during the period covered by the report.
(f) <<NOTE: Expiration date.>> 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 <<NOTE: Effective date.>> 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. <<NOTE: 16 USC 580d note.>> 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
[[Page 119 STAT. 562]]
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) <<NOTE: Notice.>> 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.
[[Page 119 STAT. 563]]
(4) <<NOTE: Applicability.>> 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. <<NOTE: 16 USC 580d note.>> 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 any money in the Treasury not otherwise appropriated,
there is appropriated to the Department of Veterans Affairs an
additional amount for ``Medical Services'' of
[[Page 119 STAT. 564]]
$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''.
Approved August 2, 2005.
LEGISLATIVE HISTORY--H.R. 2361:
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HOUSE REPORTS: Nos. 109-80 (Comm. on Appropriations) and 109-188
(Comm. of Conference).
SENATE REPORTS: No. 109-80 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
May 19, considered and passed House.
June 24, 27-29, considered and passed Senate, amended.
July 28, House agreed to conference report.
July 29, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Aug. 2, Presidential statement.
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