8ecb0f1fa4c9646d613eba38ff00183896f88a841e184dc8eacfaad99fc80118

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.

961608abb61062ae40803039fe3cc7ecbdb10ef6dc5229d44c7579e5fbf39ce4

TITLE I

-DEPARTMENT OF THE INTERIOR

of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this authority
until the Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.

dc9b3e0e24d56bda702f962c4b7ad1a31964e08a27af41bb6a4802372d0a3f74

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.

6858fae8ed81c5720677bc0d5fa6e1d0144c116f7efbd2d567a08a4148580d40

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.

25569a7f56b02c605d06d46aa8beb88ed32cd7c339285573984506abc022ff20

Department of the Interior to conduct offshore oil and natural gas
preleasing, leasing and related activities in the eastern Gulf of
Mexico planning area for any lands located outside Sale 181, as
identified in the final Outer Continental Shelf 5-Year Oil and Gas
Leasing Program, 1997-2002.

fac6caa53ad16e754f57c15b4a2588653d5e10b46858da93227333afacdf27ec

Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.

1fffa1845aa82cd9451ea82dd9cc445a03cb85b23f686c5d3bef53e6d0127bfa

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.

8fbe0add5077fdb5c305b161a88649a5da18b9b242d9282b0ec7c2c966b473a2

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.

4b568e307eb330f99ef833c08997cc35dad92cd11f5c9b15ea96553d660eaa89

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.

308211c99b1af71df59ff38b3170b3a0ec7c6cf46105294fefa1c047dd5bb9bd

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.

14ea8b5307c36f51ca0abf0a05e2de430f8b8010792da685c9e297eaab569bfa

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.

e13613333cc28a8d010a4b8b12802651a6dfd5311af4f30d7a90c27094751267

use of helicopters or motor vehicles on the Sheldon and Hart National
Wildlife Refuges for the purpose of capturing and transporting horses
and burros. The provisions of subsection (a) of the Act of September 8,
1959 (18 U.S.C. 47(a)) shall not be applicable to such use. Such use
shall be in accordance with humane procedures prescribed by the
Secretary.

09acabda57d1992652e0f60d1ef4bd21727e6da0df38bac566cc9da98bab48c0

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.

0da653d47a5b5401a5ce6f7733b6fd91e5200c85a785c427a312132c692c3e09

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.

82dbb5803147632fc05847ce7b36b0812ebbe5dee02868d52068051a57afb2a3

(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.

2a4fffd52dc41f173a2aad8ee9f29d668c4836dd7d57303f533e9d9c603a212b

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.

676a153155512fba8ffc78f40dc7f8330809935d3323f5d536569dbe8526456e

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.

857d833b1f61e2b5bddb41dba0c0d7df1eb268167c9525cfff11b675b6e09ba0

carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from Federally operated
or Federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.

ae906bd715c499aaadff9ecfcebbd29780be5eea503ed2df00c44a893daada86

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.

c84721ed4efe4a39b97117050f14f518c2710b453bcd0e968203b080a1e0b2e2

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.

76b1cdf8144c4b8ffc4110bc93c05193b6c8a15293821f0c0e98e27c9411b9dd

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.

d224b909cdb6491b04d5e6da88a0d1aa366fe91d2895ca9a5702bf3b23bab5e6

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.

23dc2d54f99dd7885ad15f20bea362f69c0b27735e167b084ce7975210fa7c4e

4321 et. seq., nonrenewable grazing permits authorized in the Jarbidge
Field Office, Bureau of Land Management within the past 9 years, shall
be renewed. The Animal Unit Months contained in the most recently
expired nonrenewable grazing permit, authorized between March 1, 1997,
and February 28, 2003, shall continue in effect under the renewed
permit. Nothing in this section shall be deemed to extend the
nonrenewable permits beyond the standard 1-year term.

1493a3ce9f698af87585fce262862a82aa8de91e0777982b1f89b4d80644e412

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.

384a4b02a46f0e202f45f381711ef16f378d160aae026b1c0bed6ba963aefd97

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.

1ddb5f599f52c4bfe771d76cda82e5146203b23ee53414f8c1398a3f5e0272ee

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.

43bee0d242907ea78d09060e737bedfb43b4305228d32a9636cbf10b9af91cd0

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.''.

2de0a2273604040eaaa76128086d6c8ec76b02fae8aab6d16c67256957866fe7

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''.

b8fabe62182ac1149d6ce63c24747ba53e29ebc7025b9bb01b1da24774e0e49c

Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
``September 30, 2005,'' and inserting ``June 30, 2006,''.

fb4e5e4b09120978cf0c7611c3adf5b9e6def02bd0b821f9949a79e41032430b

set up Centers of Excellence and Partnership Skills Bank training
without prior approval of the House and Senate Committees on
Appropriations.

e21764114b95e598d2e6b1fd91cd3220bcdb572a776a39d78ab6b93482121b93

Agencies Appropriations Act, 2003 (16 U.S.C. 460bb-3 note; 117 Stat.
239; division F of Public Law 108-7), is amended--
(1) in the second sentence, by inserting ``, including utility
expenses of the National Park Service or lessees of the National
Park Service'' after ``Fort Baker properties''; and
(2) by inserting between the first and second sentences the
following: ``In furtherance of a lease entered into under the first
sentence, the Secretary of the Interior or a lessee may impose fees
on overnight lodgers for the purpose of covering the cost of
providing utilities and transportation services at Fort Baker
properties at a rate not to exceed the annual cost of providing
these services.''.

454ed416af33f3728ba75e59e17d9b2e3bd1e1f7e3a5c25ef71d9714d5019ac0

Enhancement Act (16 U.S.C. 6812(a)) is amended by striking ``and (i)''
and inserting ``and (i) (except for paragraph (1)(C))''.
(b) Section 4(i)(1)(C)(i) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-6a(i)(1)(C)(i)) is amended--
(1) by striking ``Notwithstanding subparagraph (A)'' and all
that follows through ``or section 107'' and inserting
``Notwithstanding section 107''; and
(2) by striking ``account under subparagraph (A)'' and
inserting ``account under section 807(a) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6806(a))''.
(c) Except as provided in this section, section 4(i)(1)(C) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
6a(i)(1)(C)) shall be applied and administered as if section 813(a) of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a)) (and
the amendments made by that section) had not been enacted.
(d) This section and the amendments made by this section take
effect as of December 8, 2004.

d3a1942238739cf5b5589cf4843c350ed4e38edd522883ae66fa72e5cef1be32

1244(c)) is amended by adding at the end the following:
``(43)(A) The Captain John Smith Chesapeake National Historic
Watertrail, a series of routes extending approximately 3,000 miles
along the Chesapeake Bay and the tributaries of the Chesapeake Bay in
the States of Virginia, Maryland, Pennsylvania, and Delaware and the
District of Columbia that traces Captain John Smith's voyages charting
the land and waterways of the Chesapeake Bay and the tributaries of the
Chesapeake Bay.
``(B) The study shall be conducted in consultation with Federal,
State, regional, and local agencies and representatives of the private
sector, including the entities responsible for administering--
``(i) the Chesapeake Bay Gateways and Watertrails Network
authorized under the Chesapeake Bay Initiative Act of 1998 (16
U.S.C. 461 note; title V of Public Law 105-312); and
``(ii) the Chesapeake Bay Program authorized under section 117
of the Federal Water Pollution Control Act (33 U.S.C. 1267).
``(C) The study shall include an extensive analysis of the
potential impacts the designation of the trail as a national historic
watertrail is likely to have on land and water, including docks and
piers, along the proposed route or bordering the study route that is
privately owned at the time the study is conducted.''.

b05c5c1cd03fb3ca7bbeb79f06d66a62f7857fbcd62703ab4dd925e1f5dce573

and Public Lands Management Act of 1996 (40 U.S.C. 8903 note; Public
Law 104-333) there is hereby appropriated to the Secretary of the
Interior $10,000,000, to remain available until expended, for necessary
expenses for the Memorial to Martin Luther King, Jr., authorized in
that Act.
(b) The funds appropriated in subsection (a) shall only be made
available after the entire amount is matched by non-Federal
contributions (not including in-kind contributions) that are pledged
and received after July 26, 2005, but prior to the date specified in
subsection (c).
(c) Section 508(b)(2) of the Omnibus Parks and Public Lands
Management Act of 1996 is amended by striking ``November 12, 2006'' and
inserting ``November 12, 2008''.
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; procurement of laboratory equipment and
supplies; other operating expenses in support of research and
development; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$741,722,000, to remain available until September 30, 2007.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or
at a price to members lower than to subscribers who are not members;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to exceed
$19,000 for official reception and representation expenses,
$2,381,752,000, to remain available until September 30, 2007, including
administrative costs of the brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of 2002.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$37,455,000, to remain available until September 30, 2007.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $40,218,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,260,621,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund upon the date of enactment of
this Act as authorized by section 517(a) of the Superfund Amendments
and Reauthorization Act of 1986 (SARA) and up to $1,260,621,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA, as amended: Provided,
That funds appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $13,536,000
shall be transferred to the ``Office of Inspector General''
appropriation to remain available until September 30, 2007, and
$30,606,000 shall be transferred to the ``Science and Technology''
appropriation to remain available until September 30, 2007.
Leaking Underground Storage Tank Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $85,000 per project, $73,027,000, to remain available until
expended.
Oil Spill Response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$15,863,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
(including rescissions of funds)
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,261,696,000, to remain available until expended,
of which $900,000,000 shall be for making capitalization grants for the
Clean Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act, as amended (the ``Act''); of which up to
$50,000,000 shall be available for loans, including interest free loans
as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
municipal, interstate, or State agencies or nonprofit entities for
projects that provide treatment for or that minimize sewage or
stormwater discharges using one or more approaches which include, but
are not limited to, decentralized or distributed stormwater controls,
decentralized wastewater treatment, low-impact development practices,
conservation easements, stream buffers, or wetlands restoration;
$850,000,000 shall be for capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking Water
Act, as amended, except that, notwithstanding section 1452(n) of the
Safe Drinking Water Act, as amended, hereafter none of the funds made
available under this heading in this or previous appropriations Acts
shall be reserved by the Administrator for health effects studies on
drinking water contaminants; $50,000,000 shall be for architectural,
engineering, planning, design, construction and related activities in
connection with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission; $35,000,000 shall
be for grants to the State of Alaska to address drinking water and
waste infrastructure needs of rural and Alaska Native Villages:
Provided, That, of these funds: (1) the State of Alaska shall provide a
match of 25 percent; (2) no more than 5 percent of the funds may be
used for administrative and overhead expenses; and (3) not later than
October 1, 2005 the State of Alaska shall make awards consistent with
the State-wide priority list established in 2004 for all water, sewer,
waste disposal, and similar projects carried out by the State of Alaska
that are funded under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less
than 25 percent of the funds provided for projects in regional hub
communities; $200,000,000 shall be for making special project grants
for the construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with the
terms and conditions specified for such grants in the joint explanatory
statement of the managers accompanying this Act, and, for purposes of
these grants, each grantee shall contribute not less than 45 percent of
the cost of the project unless the grantee is approved for a waiver by
the Agency; $90,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA), as amended, including grants, interagency agreements,
and associated program support costs; $7,000,000 for making cost-shared
grants for school bus retrofit and replacement projects that reduce
diesel emissions; and $1,129,696,000 shall be for grants, including
associated program support costs, to States, federally recognized
tribes, interstate agencies, tribal consortia, and air pollution
control agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including activities
pursuant to the provisions set forth under this heading in Public Law
104-134, and for making grants under section 103 of the Clean Air Act
for particulate matter monitoring and data collection activities
subject to terms and conditions specified by the Administrator, of
which $50,000,000 shall be for carrying out section 128 of CERCLA, as
amended, $20,000,000 shall be for Environmental Information Exchange
Network grants, including associated program support costs, and
$16,856,000 shall be for making competitive targeted watershed grants:
Provided further, That for fiscal year 2006 and thereafter, State
authority under section 302(a) of Public Law 104-182 shall remain in
effect: Provided further, That notwithstanding section 603(d)(7) of the
Federal Water Pollution Control Act, the limitation on the amounts in a
State water pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2006 and prior
years where such amounts represent costs of administering the fund to
the extent that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the fund,
and used for eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2006, and notwithstanding
section 518(f) of the Act, the Administrator is authorized to use the
amounts appropriated for any fiscal year under section 319 of that Act
to make grants to Indian tribes pursuant to sections 319(h) and 518(e)
of that Act: Provided further, That for fiscal year 2006,
notwithstanding the limitation on amounts in section 518(c) of the Act,
up to a total of 1\1/2\ percent of the funds appropriated for State
Revolving Funds under title VI of that Act may be reserved by the
Administrator for grants under section 518(c) of that Act: Provided
further, That no funds provided by this legislation to address the
water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available to a county or municipal government unless that
government has established an enforceable local ordinance, or other
zoning rule, which prevents in that jurisdiction the development or
construction of any additional colonia areas, or the development within
an existing colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other necessary
infrastructure: Provided further, That, notwithstanding this or any
other appropriations Act, heretofore and hereafter, after consultation
with the House and Senate Committees on Appropriations and for the
purpose of making technical corrections, the Administrator is
authorized to award grants under this heading to entities and for
purposes other than those listed in the joint explanatory statements of
the managers accompanying the Agency's appropriations Acts for the
construction of drinking water, wastewater and stormwater
infrastructure and for water quality protection.
In addition, $80,000,000 is hereby rescinded from prior year funds
in appropriation accounts available to the Environmental Protection
Agency: Provided, That such rescissions shall be taken solely from
amounts associated with grants, contracts, and interagency agreements
whose availability, under the original project period for such grant or
interagency agreement or contract period for such contract, has
expired: Provided further, That such rescissions shall include funds
that were appropriated under this heading for special project grants in
fiscal year 2000 or earlier that have not been obligated on an approved
grant by September 1, 2006.
Administrative Provisions
For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally-recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in
implementing Federal environmental programs for Indian Tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (as added by subsection (f)(2) of the Pesticide
Registration Improvement Act of 2003), as amended.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for
fiscal year 2006 may be used to award grants or loans under section
104(k) of CERCLA to eligible entities that satisfy all of the elements
set forth in CERCLA section 101(40) to qualify as a bona fide
prospective purchaser except that the date of acquisition of the
property was prior to the date of enactment of the Small Business
Liability Relief and Brownfield Revitalization Act of 2001.
For fiscal years 2006 through 2011, the Administrator may, after
consultation with the Office of Personnel Management, make not to
exceed five appointments in any fiscal year under the authority
provided in 42 U.S.C. 209 for the Office of Research and Development.
Beginning in fiscal year 2006 and thereafter, and notwithstanding
section 306 of the Toxic Substances Control Act, the Federal share of
the cost of radon program activities implemented with Federal
assistance under section 306 shall not exceed 60 percent in the third
and subsequent grant years.
General Provisions, Environmental Protection Agency

e6868a99274ad5e631bf3bb38910cdf37dedcdaf7d8d26205d7a8a740105a0e2

by the Administrator of the Environmental Protection Agency to accept,
consider or rely on third-party intentional dosing human toxicity
studies for pesticides, or to conduct intentional dosing human toxicity
studies for pesticides until the Administrator issues a final
rulemaking on this subject. The Administrator shall allow for a period
of not less than 90 days for public comment on the Agency's proposed
rule before issuing a final rule. Such rule shall not permit the use of
pregnant women, infants or children as subjects; shall be consistent
with the principles proposed in the 2004 report of the National Academy
of Sciences on intentional human dosing and the principles of the
Nuremberg Code with respect to human experimentation; and shall
establish an independent Human Subjects Review Board. The final rule
shall be issued no later than 180-days after enactment of this Act.

fb8cb22ff9b1d51939b4e2939c36afa2e2e6b9b6ded1bc1261e81fc56bb33a9e

TITLE II

-ENVIRONMENTAL PROTECTION AGENCY

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).

2b566fb91fb69f09a123bb7f335981748b1ddfcfbc93c19e033a8d1066e34588

to finalize, issue, implement, or enforce the proposed policy of the
Environmental Protection Agency entitled ``National Pollutant Discharge
Elimination System (NPDES) Permit Requirements for Municipal Wastewater
Treatment During Wet Weather Conditions'', dated November 3, 2003 (68
Fed. Reg. 63042).

484b8ad3c2d1311d14b11d46c0cc29157813819a005ed41e4071b0c0ac32ca2e

in contravention of 15 U.S.C. 2682(c)(3) or to delay the implementation
of that section.

d88fd5ebf894a4e68c33bdb6526e91269dcaa9da5560061791da7e9b93c7bf12

25d682547436c8111fc83684fa5fb1c70b0d96b6a098c72c45afd826702ef45d

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.

54bb20f7c779c6a63f826c7eb96d1c857c57b618f3b7db77c9de1abdb665cda0

TITLE IV

-GENERAL PROVISIONS

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.

a954900efd7a97b469ce6e6ce7bee12cbee129fffc23215b526976023ccc3b4a

remain available for obligation beyond the current fiscal year unless
expressly so provided herein.

7770463076f9f59a2cd4c29b71d116e217918273a4ebbc20184321af00939d06

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.

025c162a383a5c8821780d10911e65a763189ad300110a1474cdf0407a837472

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.

7df23328a4a18da71e37eb4159d25f88723d5569a6e4cf2d6e15f46fa0ee8c25

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.

de0bf9e1308a2645e3fbf717e109b28f14249aec219456b238e55ec1281265a3

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.

88744a51543d354c24255629cc1f0baf2b3c557dcef75e59a203247a359aac57

or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
claims, as the case may be, were fully complied with by the applicant
by that date.
(c) Report.--On September 30, 2006, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims
or mill sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the sole
responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.

4ff9510ea09cbdda28ee7919541d3e82cb62982f0cefaff1a2d5606b59ba9f76

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.

18bca639914ada86ae5e0cea944d91bc3917e26fc396b71040911a7ba5fd4073

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.

e839fa62adea717d54edb94e57c7142e592a56fb55d3cc7f085ef1ce3cdd5dc6

be expended or obligated to complete and issue the 5-year program under
the Forest and Rangeland Renewable Resources Planning Act.

1404972902c41f4fafc0bad0ae389167a9d92abe968e29e7133012b5c8bfc9dc

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.''.

e134cdfe540e8942856c52a4ac9ce3d612d6c9ff8ebb3931cd655b300add6351

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.

292ef42d38dd9b6dd7e0bdb59594151359740431a7fd8c253494af3a073d1139

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.

0db69269d13aa867e0e73c77561ab1efe773c1c539a0116df63c6cee33818d34

shall not be considered to be in violation of subparagraph 6(f)(5)(A)
of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other
requirement of the Forest and Rangeland Renewable Resources Planning
Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the
Secretary is not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan and a
court of proper jurisdiction may order completion of the plan on an
accelerated basis.

c1214fd9f30344393be3025df2518535b7a262a0e091c38062bdfc743021b8ad

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.

cb7af4a0e92f52d1ad9cac12dfd522156082c3f051d4626a9494096e484f04ed

preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.

c8fc7aae74b8b336a8da2b2ad7a81f4b4a995783f63d7b98cbd6eb7b98207063

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.

15e627735db49f92311662c41fbec23dec312baa7dd7b56371c7e55adac75354

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.

6b00e17a9746f7c562bb83f5d77686c7b384ef88c239d081eff09eda9f457787

by this Act, notwithstanding Federal Government procurement and
contracting laws, the Secretary of Agriculture and the Secretary of the
Interior (the ``Secretaries'') may, in evaluating bids and proposals,
give consideration to local contractors who are from, and who provide
employment and training for, dislocated and displaced workers in an
economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by reduced
timber harvesting on Federal lands and other forest-dependent rural
communities isolated from significant alternative employment
opportunities: Provided, That notwithstanding Federal Government
procurement and contracting laws the Secretaries may award contracts,
grants or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged
business: Provided further, That the contract, grant, or cooperative
agreement is for forest hazardous fuels reduction, watershed or water
quality monitoring or restoration, wildlife or fish population
monitoring, or habitat restoration or management: Provided further,
That the terms ``rural community'' and ``economically disadvantaged''
shall have the same meanings as in section 2374 of Public Law 101-624:
Provided further, That the Secretaries shall develop guidance to
implement this section: Provided further, That nothing in this section
shall be construed as relieving the Secretaries of any duty under
applicable procurement laws, except as provided in this section.

5627038133ddae383ea6df158acbc86cc1df6ae6bff59a927c62a14cf48cefb0

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.

eed86cd6df2467b26d0a95f7197852d9f7ad8ee4698e665e7955cbf3f2fdfffb

(1) Of the funds made available by this or any other Act to the
Department of the Interior for fiscal year 2006, not more than
$3,450,000 may be used by the Secretary of the Interior to initiate
or continue competitive sourcing studies in fiscal year 2006 for
programs, projects, and activities for which funds are appropriated
by this Act until such time as the Secretary concerned submits a
reprogramming proposal to the Committees on Appropriations of the
Senate and the House of Representatives, and such proposal has been
processed consistent with the reprogramming guidelines included in
the report accompanying this Act.
(2) Of the funds appropriated by this Act, not more than
$3,000,000 may be used in fiscal year 2006 for competitive sourcing
studies and related activities by the Forest Service.
(b) Competitive Sourcing Study Defined.--In this section, the term
``competitive sourcing study'' means a study on subjecting work
performed by Federal Government employees or private contractors to
public-private competition or on converting the Federal Government
employees or the work performed by such employees to private contractor
performance under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.
(c) Competitive Sourcing Exemption for Forest Service Studies
Conducted Prior to Fiscal Year 2006.--The Forest Service is hereby
exempted from implementing the Letter of Obligation and post-
competition accountability guidelines where a competitive sourcing
study involved 65 or fewer full-time equivalents, the performance
decision was made in favor of the agency provider; no net savings was
achieved by conducting the study, and the study was completed prior to
the date of this Act.
(d) In preparing any reports to the Committees on Appropriations on
competitive sourcing activities, agencies funded in this Act shall
include the incremental cost directly attributable to conducting the
competitive sourcing competitions, including costs attributable to
paying outside consultants and contractors and, in accordance with full
cost accounting principles, all costs attributable to developing,
implementing, supporting, managing, monitoring, and reporting on
competitive sourcing, including personnel, consultant, travel, and
training costs associated with program management.
(e) In carrying out any competitive sourcing study involving Forest
Service employees, the Secretary of Agriculture shall--
(1) determine whether any of the employees concerned are also
qualified to participate in wildland fire management activities;
and
(2) take into consideration the effect that contracting with a
private sector source would have on the ability of the Forest
Service to effectively and efficiently fight and manage wildfires.

f83c675c150e2fa5455383a11984df6efaaa75a536b8f89d64b609e3b42278e3

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.

188e47aaed51e138ac3c0831c8a04af05ca6d57d724838b937137510927c08d6

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.

afe1804fe1f6bbc763e8c869391cd78412f482944a41689de43310023e9a2bef

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''.

b395cee7875e5c198e9a6436cf341587473968b43a21251b92c6effaad8e7e95

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''.

cd01640c82a449b09f09e7c92d6ccdb5f7576d5f1969b0446448fbce4cc8cb76

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''.

47a04637165539e793875679a7a8b20a9c19ba9a356a65872e5ec145a82e1918

Agencies Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 996;
43 U.S.C. 1701 note), is amended--
(1) in the first sentence, by striking ``2005'' and inserting
``2008'';
(2) in the first sentence by striking ``may pilot test agency-
wide joint permitting and leasing programs'' and inserting after
``Congress,'' the following: ``may establish pilot programs
involving the land management agencies referred to in this section
to conduct projects, planning, permitting, leasing, contracting and
other activities, either jointly or on behalf of one another; may
co-locate in Federal offices and facilities leased by an agency of
either Department;'';
(3) in the third sentence, by inserting ``, National Park
Service, Fish and Wildlife Service,'' after ``Bureau of Land
Management''; and
(4) by adding at the end the following new sentence: ``To
facilitate the sharing of resources under the Service First
initiative, the Secretaries of the Interior and Agriculture may
make transfers of funds and reimbursement of funds on an annual
basis, including transfers and reimbursements for multi-year
projects, except that this authority may not be used to circumvent
requirements and limitations imposed on the use of funds.''.

ba475fd70a73bcf447e0f30efe8d56ba531b120b11e60cb167d8112700ad1d6f

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.

4d0cbcec5bd6c1e43f9efe6d18ae8e46b1298774fdc596c2d99a431c08dc877d

issue a permit or lease for oil or gas drilling in the Finger Lakes
National Forest, New York, during fiscal year 2006.

ffe8f06167abeb284595f2d36a582a3fffa5cf147d8bc4664c081d40efddae09

(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.

00603b59651a4f73bede6d7c08cbd1da99e0ba004b45bfcbd5b5e961647efe40

(16 U.S.C. 698v-6(g)) is amended--
(1) in the first sentence, by striking ``The Secretary'' and
inserting the following:
``(1) Law enforcement.--
``(A) In general.--The Secretary'';
(2) in the second sentence, by striking ``The Trust'' and
inserting the following:
``(B) Federal agency.--The Trust''; and
(3) by striking ``At the request of the Trust'' and all that
follows through the end of the subsection and inserting the
following:
``(2) Fire management.--
``(A) Non-reimbursable services.--
``(i) Development of plan.--Subject to the availability
of appropriations under section 111(a), the Secretary
shall, in consultation with the Trust, develop a plan to
carry out fire preparedness, suppression, and emergency
rehabilitation services on the Preserve.
``(ii) Consistency with management program.--The plan
shall be consistent with the management program developed
pursuant to subsection (d).
``(iii) Cooperative agreement.--To the extent generally
authorized at other units of the National Forest System,
the Secretary shall provide the services to be carried out
pursuant to the plan under a cooperative agreement entered
into between the Secretary and the Trust.
``(B) Reimbursable services.--To the extent generally
authorized at other units of the National Forest System and
subject to the availability of appropriations under section
111(a), the Secretary shall provide presuppression and
nonemergency rehabilitation and restoration services for the
Trust at any time on a reimbursable basis.''.
(b) The amendments made by subsection (a) take effect as of January
1, 2005.

0a11c50a894f609c6c9487e5ef4f28bd5a2954f874f58f343c78c57e973b50dd

under this Act shall be expended or obligated for the demolition of
buildings at the Zephyr Shoals property, Lake Tahoe, Nevada.

1a595db6f579f1310208d06da70171e29b73446cd9d988604fc206cce429062f

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''.

e6793ec4b441cab92efee20c36c68132f5f19e5664191079e955d69037dd39d6

(a) In General.--Except as provided under subsection (b)--
(1) the District of Columbia Board of Zoning Adjustments and
the District of Columbia Zoning Commission may not take any action
to grant any variance relating to the property located at 51
Louisiana Avenue NW, Square 631, Lot 17 in the District of
Columbia; and
(2) if any variance described under paragraph (1) is granted
before the effective date of this section, such variance shall be
set aside and shall have no force or effect.
(b) Conditions for Variance.--A variance described under subsection
(a) may be granted or shall be given force or effect if--
(1) the Capitol Police Board makes a determination that any
such variance shall not--
(A) negatively impact congressional security; and
(B) increase Federal expenditures relating to congressional
security;
(2) the Majority and Minority Leaders of the Senate and the
Speaker and Minority Leader of the House of Representatives approve
such determination; and
(3) the Capitol Police Board certifies the determination in
writing to the District of Columbia Board of Zoning Adjustments and
the District of Columbia Zoning Commission.
(c) Effective Date.--This section shall take effect on the date of
enactment of this Act and apply to the remaining portion of the fiscal
year in which enacted and each fiscal year thereafter.

bb7cd7f635460764f1b656668cf3c75f72891b3f8eb0ea2118f46127e8c26030

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).

3de5cf6000faf497d2c5b973fb6f95045d01d7eb1e49126ee3ef846e4b69519d

Interior in this Act, $5,000,000 is provided for a grant to Kendall
County, Illinois.

02f29ead4b41c78abba9ce5166e1fe8a2de14947b56166e807cb7dd5e8bf07e5

Related Agencies Appropriations Act, 2005 as contained in division E of
the Consolidated Appropriations Act, 2005 (Public Law 108-447) is
amended as follows:
(1) by striking ``seven'', ``14910001,'', and ``, 14913007, and
14913008'';
(2) by inserting ``and'' after ``14913005,''; and
(3) by striking all 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.''.

293b07ddfb4d61f82c8dc8239e78c0f21745b2d1cbea0443327c7ca08812fa7b

rescinded an amount equal to 0.476 percent of the budget authority
provided for fiscal year 2006 for any discretionary appropriation in
titles I through IV of this Act.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities as
delineated in the appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or for accounts
and items not included in appropriation Acts, as delineated in the
most recently submitted President's budget).
(c) Indian Land and Water Claim Settlements.--Under the heading
``Bureau of Indian Affairs, Indian Land and Water Claim Settlements and
Miscellaneous Payments to Indians'', the across-the-board rescission in
this section, and any subsequent across-the-board rescission for fiscal
year 2006, shall apply only to the first dollar amount in the paragraph
and the distribution of the rescission shall be at the discretion of
the Secretary of the Interior who shall submit a report on such
distribution and the rationale therefor to the House and Senate
Committees on Appropriations.

91923ad7d44dd28b8028c5e639da49b3938d4218e6bc98be97bbac9021355bfb

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

eeedcd7f9d98d1719abec8453598a180b4469da2bfb7b2f243cb85d7f81ee035

TITLE V

-FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT

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

c5f444d1a9090db9c3bcccc0fc51341ff444a94ce5dbfe7db48bf4b9b34037ca

SITES.
(a) Conveyances Authorized.--In the manner provided by this title,
the Secretary may convey an administrative site, or an interest in an
administrative site, that is under the jurisdiction of the Secretary.
(b) Means of Conveyance.--The conveyance of an administrative site
under this title may be made--
(1) by sale;
(2) by lease;
(3) by exchange;
(4) by a combination of sale and exchange; or
(5) by such other means as the Secretary considers appropriate.
(c) Size of Conveyance.--An administrative site or compound of
administrative sites disposed of in a single conveyance under this
title may not exceed 40 acres.
(d) Certain Lands Excluded.--The following Federal land may not be
conveyed under this title:
(1) Any land within a unit of the National Forest System that
is exclusively designated for natural area or recreational
purposes.
(2) Any land included within the National Wilderness
Preservation System, the Wild and Scenic River System, or a
National Monument.
(3) Any land that the Secretary determines--
(A) is needed for resource management purposes or to
provide access to other land or water;
(B) is surrounded by National Forest System land or other
publicly owned land, if conveyance would not be in the public
interest due to the creation of a non-Federal inholding that
would preclude the efficient management of the surrounding
land; or
(C) would be in the public interest to retain.
(e) Congressional Notifications.--
(1) Notice of anticipated use of authority.--As part of the
annual budget justification documents provided to the Committee on
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate, the Secretary shall include--
(A) a list of the anticipated conveyances to be made,
including the anticipated revenue that may be obtained, using
the authority provided by this title or other conveyance
authorities available to the Secretary;
(B) a discussion of the intended purposes of any new
revenue obtained using this authority or other conveyance
authorities available to the Secretary, and a list of any
individual projects that exceed $500,000; and
(C) a presentation of accomplishments of previous years
using this authority or other conveyance authorities available
to the Secretary.
(2) Notice of changes to conveyance list.--If the Secretary
proposes to convey an administrative site under this title or using
other conveyance authorities available to the Secretary and the
administrative site is not included on a list provided under
paragraph (1)(A), the Secretary shall submit to the congressional
committees specified in paragraph (3) written notice of the
proposed conveyance, including the anticipated revenue that may be
obtained from the conveyance.
(3) Notice of use of authority.--At least once a year, the
Secretary shall submit to the Committee on Agriculture, the
Committee on Appropriations, and the Committee on Resources of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate a report
containing a description of all conveyances of National Forest
System land made by the Secretary under this title or other
conveyance authorities during the period covered by the report.
(f) Duration of Authority.--The authority of the Secretary to
initiate the conveyance of an administrative site under this title
expires on September 30, 2008.
(g) Repeal of Pilot Conveyance Authority.--Effective September 30,
2006, section 329 of the Department of the Interior and Related
Agencies Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-
63), is repealed. Notwithstanding the repeal of such section, the
Secretary may complete the conveyance under such section of any
administrative site whose conveyance was initiated under such section
before that date.

dffbbcf9ba43afb0741a2b8bb8a55d347d29980527607b9ba92db41e8b6ab308

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

f2992c2ca3deaf4675f871818c5e2fcd321368f08f3be882b69b11406dc61ac4

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.

75661a5dce8370b6695db0eca4e8ac30393c96cd4c909fa114e20b2016aab742

appropriated, there is appropriated to the Department of Veterans
Affairs an additional amount for ``Medical Services'' of
$1,500,000,000, to be available for obligation upon enactment of this
Act and to remain available until September 30, 2006.
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

0a9f1f05d6af2b42009c215093c15811349530c76710990533824b8a20ae5f61

Interior Department FY2006 Appropriations bill — HR. 2361

Other Sections

TITLE I

TITLE II

TITLE IV

TITLE V

TITLE VI

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