Committee Reports
109th Congress (2005-2006)
House Report 109-080
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Committee Reports for the 109th Congress | |
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21-162
1st Session
109-80
--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATION BILL, 2006
[To accompany H.R. 2361]
The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for the Department of the Interior, Environmental Protection Agency, and Related Agencies for the fiscal year ending September 30, 2006. The bill provides regular annual appropriations for the Department of the Interior (except the Bureau of Reclamation), the Environmental Protection Agency, and for other related agencies, including the Forest Service, the Indian Health Service, the Smithsonian Institution, and the National Foundation on the Arts and the Humanities.
CONTENTS
| Page number | ||
| Bill | Report | |
| Title I--Department of the Interior: | ||
| Bureau of Land Management | 2 | 9 |
| U.S. Fish and Wildlife Service | 10 | 21 |
| National Park Service | 19 | 33 |
| U.S. Geological Survey | 26 | 49 |
| Minerals Management Service | 29 | 54 |
| Office of Surface Mining Reclamation and Enforcement | 31 | 58 |
| Bureau of Indian Affairs | 34 | 63 |
| Departmental Offices | 42 | 73 |
| Department of the Interior General Provisions | 50 | 85 |
| Title II--Environmental Protection Agency: | ||
| Science and Technology | 63 | 88 |
| Environmental Programs Management | 64 | 95 |
| Office of Inspector General | 64 | 106 |
| Buildings and Facilities | 65 | 109 |
| Hazardous Substance Superfund | 65 | 111 |
| Leaking Underground Storage Tanks | 66 | 117 |
| Oil Spill Response | 66 | 119 |
| State and Tribal Assistance Grants | 66 | 121 |
| Title III--Related Agencies: | ||
| Forest Service, USDA | 74 | 127 |
| Indian Health Service, DHHS | 87 | 152 |
| National Institute of Environmental Health Sciences | 95 | 157 |
| Agency for Toxic Substances and Disease Registry | 96 | 158 |
| Council on Environmental Quality and Office of Environmental Quality | 97 | 158 |
| Chemical Safety and Hazard Investigation Board | 98 | 159 |
| Office of Navajo and Hopi Indian Relocation | 99 | 159 |
| Institute of American Indian and Alaska Native Culture and Arts Development | 100 | 160 |
| Smithsonian Institution | 100 | 160 |
| National Gallery of Art | 103 | 162 |
| John F. Kennedy Center for the Performing Arts | 105 | 165 |
| Woodrow Wilson International Center for Scholars | 105 | 167 |
| National Foundation on the Arts and the Humanities | 106 | 168 |
| Commission of Fine Arts | 108 | 172 |
| Advisory Council on Historic Preservation | 109 | 172 |
| National Capital Planning Commission | 109 | 173 |
| United States Holocaust Memorial Museum | 109 | 173 |
| Presidio Trust | 110 | 174 |
| White House Commission on the National Moment of Remembrance | 110 | 174 |
| Title IV--General Provisions | 110 | 174 |
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, requires that the report accompanying a bill providing new budget authority contain a Statement detailing how the authority compares with the reports submitted under section 302 of the Act for the most recently agreed to concurrent resolution on the budget for the fiscal year. This information follows:
[In millions of dollars]
-----------------------------------------------------------------
Sec. 302(b) This bill--
Discretionary Mandatory Discretionary Mandatory
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Budget authority 26,107 54 26,107 54
Outlays 27,500 60 27,496 60
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SUMMARY OF THE BILL
The Committee has conducted hearings on the programs and projects provided for in the Interior, Environment, and Related Agencies Appropriations bill for 2006. The hearings are contained in 9 published volumes totaling nearly 10,000 pages.
During the course of the hearings, testimony was taken at 10 hearings on 8 days, not only from agencies which come under the jurisdiction of the Interior Subcommittee, but also, in written form, from Members of Congress, State and local government officials, and private citizens.
The bill that is recommended for fiscal year 2006 has been developed after careful consideration of all the facts and details available to the Committee.
BUDGET AUTHORITY RECOMMENDED IN BILL BY TITLE
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Activity Budget estimates, fiscal year 2006 Committee bill, fiscal year 2006 Committee bill compared with budget estimates
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Title I, Department of the Interior: New Budget (obligational) authority $9,792,069,000 $9,808,693,000 +$16,624,000
Title II, Environmental Protection Agency: New Budget (obligational) authority 7,520,600,000 7,708,027,000 +187,427,000
Title III, related agencies: New Budget (obligational) authority 8,411,659,000 8,642,405,000 +230,746,000
Grand total, New Budget (obligational) authority 25,724,328,000 26,159,125,000 +434,797,000
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TOTAL APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR, ENVIRONMENTAL PROTECTION AGENCY, AND RELATED AGENCIES
In addition to the amounts in the accompanying bill, which are reflected in the table above, permanent legislation authorizes the continuation of certain government activities without consideration by the Congress during the annual appropriations process.
Details of these activities are listed in tables at the end of this report. In fiscal year 2005, these activities are estimated to total $3,568,891,000. The estimate for fiscal year 2006 is $3,658,910,000.
The following table reflects the total budget (obligational) authority contained both in this bill and in permanent appropriations for fiscal years 2005 and 2006.
DEPARTMENT OF THE INTERIOR, ENVIRONMENTAL PROTECTION AGENCY, AND RELATED AGENCIES TOTAL BUDGET AUTHORITY FOR FISCAL YEARS 2005-2006
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Item Fiscal year 2005 Fiscal year 2006 Change
----------------------------------------------------------------------------------------------------------------
Interior, Environment, and related agencies appropriations bill $26,982,234,000 $26,159,125,000 -$823,109,000
Permanent appropriations, Federal funds 2,985,066,000 3,047,966,000 +62,900,000
Permanent appropriations, trust funds 583,825,000 610,944,000 +27,119,000
Total budget authority 30,551,125,000 29,818,035,000 -733,090,000
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REVENUE GENERATED BY AGENCIES IN BILL
The following tabulation indicates total new obligational authority to date for fiscal years 2004 and 2005, and the amount recommended in the bill for fiscal year 2006. It compares receipts generated by activities in this bill on an actual basis for fiscal year 2004 and on an estimated basis for fiscal years 2005 and 2006. The programs in this bill are estimated to generate $13.9 billion in revenues for the Federal Government in fiscal year 2006. Therefore, the expenditures in this bill will contribute to economic stability rather than inflation.
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Item Fiscal year--
2004 2005 2006
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New obligational authority $27,316,209,000 $26,982,234,000 $26,159,125,000
Receipts:
Department of the Interior 9,643,359,000 12,497,212,000 13,418,547,000
Forest Service 445,533,000 439,106,000 447,050,000
Total receipts 10,088,892,000 12,936,318,000 13,865,597,000
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APPLICATION OF GENERAL REDUCTIONS
The level at which sequestration reductions shall be taken pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, if such reductions are required in fiscal year 2006, is defined by the Committee as follows:
As provided for by section 256(1)(2) of Public Law 99-177, as amended, and for the purpose of a Presidential Order issued pursuant to section 254 of said Act, the term `program, project, and activity' for items under the jurisdiction of the Appropriations Subcommittees on the Department of the Interior, Environmental Protection Agency, and Related Agencies of the House of Representatives and the Senate is defined as (1) any item specifically identified in tables or written material set forth in the Interior, Environment, and Related Agencies Appropriations Act, or accompanying committee reports or the conference report and accompanying joint explanatory statement of the managers of the committee of conference; (2) any Government-owned or Government-operated facility; and (3) management units, such as National parks, National forests, National fish hatcheries, National wildlife refuges, research units, regional, State and other administrative units and the like, for which funds are provided in fiscal year 2006.
The Committee emphasizes that any item for which a specific dollar amount is mentioned in any accompanying report, including all increases over the budget estimate approved by the Committee, shall be subject to a percentage reduction no greater or less than the percentage reduction applied to all domestic discretionary accounts.
FEDERAL FUNDING OF INDIAN PROGRAMS
The Committee recommends appropriations of new budget authority aggregating $5.9 billion for Indian programs in fiscal year 2006. This is an increase of $108 million above the budget request and an increase of $108 million above the amount appropriated for fiscal year 2005. Spending for Indian services by the Federal Government in total is included in the following table.
GOVERNMENT-WIDE FEDERAL FUNDING FOR NATIVE AMERICAN PROGRAMS
[In thousands of dollars]
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FY 2004 actual FY 2005 enacted FY 2006 Pres. bud Change from FY05
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Department of Agriculture 798,812 877,371 899,771 22,400
Army Corps of Engineers 34,490 41,376 22,829 -18,547
Department of Commerce 20,945 21,668 20,657 -1,011
Department of Defense 18,000 18,000 0 -18,000
Department of Education 2,438,510 2,524,650 2,550,101 25,451
Department of Health & Human Services 4,263,144 4,359,999 4,456,322 96,323
Department of Housing & Urban Development 733,085 650,970 590,796 -60,174
Department of the Interior 2,887,399 3,030,079 2,984,840 -45,239
Department of Justice 234,594 232,016 245,185 13,169
Department of Labor 69,602 69,032 68,488 -544
Department of Transportation 274,861 329,491 329,581 90
Department of Veterans Affairs 571 567 580 13
Environmental Protection Agency 243,895 239,004 205,560 -33,443
Small Business Administration 1,979 987 0 -987
Smithsonian Institution 51,630 45,925 45,792 -133
Department of the Treasury 4,000 4,000 0 -4,000
Other Agencies & Independent Agencies 96,924 101,594 39,582 -62,012
Grand Total 12,172,441 12,546,729 12,460,084 -86,644
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CONSTITUTIONAL AUTHORITY
Clause 3(d)(1) of rule XIII of the House of Representatives states that:
Each report of a committee on a bill or joint resolution of a public character, shall include a statement citing the specific powers granted to the Congress in the Constitution to enact the law proposed by the bill or joint resolution.
The Committee on Appropriations bases its authority to report this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America which states: `No money shall be drawn from the Treasury but in consequence of Appropriations made by law. * * *'
Appropriations contained in this Act are made pursuant to this specific power granted by the Constitution.
REPROGRAMMING GUIDELINES
The Committee has revised the reprogramming guidelines to add an exception for certain Environmental Protection Agency grants (section 3(b)) and to delete certain instructions to the Forest Service dealing with boundary adjustments and transfer of funds.
The following are the procedures governing reprogramming actions for programs and activities funded in the Interior, Environment, and Related Agencies Appropriations Act:
1. Definition.--`Reprogramming,' as defined in these procedures, includes the reallocation of funds from one budget activity to another. In cases where either Committee report displays an allocation of an appropriation below the activity level, that more detailed level shall be the basis for reprogramming. For construction accounts, a reprogramming constitutes the reallocation of funds from one construction project (identified in the justification or Committee report) to another. A reprogramming shall also consist of any significant departure from the program described in the agency's budget justifications. This includes proposed reorganizations even without a change in funding.
2. Guidelines for Reprogramming- (a) A reprogramming should be made only when an unforeseen situation arises; and then only if postponement of the project or the activity until the next appropriation year would result in actual loss or damage. Mere convenience or desire should not be factors for consideration.
(b) Any project or activity, which may be deferred through reprogramming, shall not later be accomplished by means of further reprogramming; but, instead, funds should again be sought for the deferred project or activity through the regular appropriations process.
(c) Reprogramming should not be employed to initiate new programs or to change allocations specifically denied, limited or increased by the Congress in the Act or the report. In cases where unforeseen events or conditions are deemed to require such changes, proposals shall be submitted in advance to the Committee, regardless of amounts involved, and be fully explained and justified.
(d) Reprogramming proposals submitted to the Committee for approval shall be considered approved 30 calendar days after receipt if the Committee has posed no objection. However, agencies will be expected to extend the approval deadline if specifically requested by either Committee.
(e) Proposed changes to estimated working capital fund bills and estimated overhead charges, deductions, reserves or holdbacks, as such estimates were presented in annual budget justifications, shall be submitted through the reprogramming process.
3. Criteria and Exceptions- Any proposed reprogramming must be submitted to the Committee in writing prior to implementation if it exceeds $500,000 annually or results in an increase or decrease of more than 10 percent annually in affected programs, with the following exceptions:
(a) With regard to the tribal priority allocations activity of the Bureau of Indian Affairs, Operations of Indian Programs account, there is no restriction on reprogrammings among the programs within this activity. However, the Bureau shall report on all reprogrammings made during the first six months of the fiscal year by no later than May 1 of each year, and shall provide a final report of all reprogrammings for the previous fiscal year by no later than November 1 of each year.
(b) With regard to the Environmental Protection Agency, State and Tribal Assistance Grants account, reprogramming requests associated with States and Tribes applying for partnership grants do not need to be submitted to the Committee for approval should such grants exceed the normal reprogramming limitations. In addition, the Agency need not submit a request to move funds between wastewater and drinking water objectives for those grants targeted to specific communities.
4. Quarterly Reports- (a) All reprogrammings shall be reported to the Committee quarterly and shall include cumulative totals. (b) Any significant shifts of funding among object classifications also should be reported to the Committee.
5. Administrative Overhead Accounts- For all appropriations where costs of overhead administrative expenses are funded in part from `assessments' of various budget activities within an appropriation, the assessments shall be shown in justifications under the discussion of administrative expenses.
6. Contingency Accounts- For all appropriations where assessments are made against various budget activities or allocations for contingencies, the Committee expects a full explanation, separate from the justifications. The explanation shall show the amount of the assessment, the activities assessed, and the purpose of the fund. The Committee expects reports each year detailing the use of these funds. In no case shall a fund be used to finance projects and activities disapproved or limited by Congress or to finance new permanent positions or to finance programs or activities that could be foreseen and included in the normal budget review process. Contingency funds shall not be used to initiate new programs.
7. Declarations of Taking- The Committee directs the Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service, and the Forest Service to seek Committee approval in advance of filing declarations of taking.
8. Report Language- Any limitation, directive, or earmarking contained in either the House or Senate report which is not contradicted by the other report nor specifically denied in the conference report shall be considered as having been approved by both Houses of Congress.
9. Assessments- No assessments shall be levied against any program, budget activity, subactivity, or project funded by the Interior, Environment, and Related Agencies Appropriations Act unless such assessments and the basis therefore are presented to the Committees on Appropriations and are approved by such Committees, in compliance with these procedures.
10. Land Acquisitions and Forest Legacy- Lands shall not be acquired for more than the approved appraised value (as addressed in section 301(3) of Public Law 91-646) except for condemnations and declarations of taking, unless such acquisitions are submitted to the Committees on Appropriations for approval in compliance with these procedures.
11. Land Exchanges- Land exchanges, wherein the estimated value of the Federal lands to be exchanged is greater than $500,000, shall not be consummated until the Committees on Appropriations have had a 30-day period in which to examine the proposed exchange.
12. Appropriations Structure- The appropriation structure for any agency shall not be altered without advance approval of the House and Senate Committees on Appropriations.
FUNDING FIXED COSTS
The Committee commends the Administration for funding the full amount for anticipated pay cost and fixed cost increases for most bureaus and programs. The Committee has been concerned that the base operational capability of the programs funded in this bill has been declining due to unmet pay and fixed costs. The Committee urges the Administration to continue to include full uncontrollable costs in future budget submissions.
ALLOCATING CONGRESSIONAL FUNDING PRIORITIES
The Committee continues to be concerned that the agencies funded by this Act are not following a standard methodology for allocating appropriated funds to the field where Congressional funding priorities are concerned. When Congressional instructions are provided, the Committee expects these instructions to be closely monitored and followed. The Committee directs that earmarks for Congressional funding priorities be first allocated to the receiving units, and then all remaining funds should be allocated to the field based on established procedures. Field units or programs should not have their allocations reduced because of earmarks for Congressional priorities without direction from or advance approval of the Committee.
FOCUSING ON CORE PROGRAMS
The Committee's fiscal year 2006 budget recommendations reflect the necessity to stay within a constrained allocation in this time of conflict in Iraq and homeland security concerns. The recommendations are also sensitive to the need to address the budget deficit. The Committee's recommendations reflect the belief that: (1) proposed cuts to many core programs are unacceptable; (2) large increases for grant programs are unrealistic; (3) reductions to Indian health, welfare and education programs are unacceptable; (4) critical forest health programs must be continued; (5) untested and unproven grant programs and new land acquisition are a low priority; and (6) large, expensive partnership projects that have not been approved in advance by the Committee are unacceptable because they result in additional operational costs and displace critical backlog maintenance requirements.
Reductions to programs in Indian Country, including education grants, welfare programs, and Indian school and hospital construction funding have been restored to the maximum extent possible given the overall funding available in the Committee's recommendations for fiscal year 2006. We must maintain our commitments to American Indian and Alaska Natives and critically needed education and health programs are central to our ability to meet those commitments.
Wildfire management efforts and forest health programs are some of the most critically important core programs on which the Committee has focused scarce resources. The Committee recommendation increases funding for wildland fire management by $351 million above the request and $146 million above the fiscal year 2005 enacted level, including a total of $492 million for hazardous fuels reduction. In addition, the Committee has maintained funding for critical and essential forest health management programs and for national fire plan support. Without these funds, we will not be able to protect communities and natural resources and we will have ever-increasing wildfire suppression costs in the future and the number and severity of large fire events will grow.
The Committee believes strongly that the agencies funded in the Interior and Related Agencies bill need to more effectively manage the funds they have. Travel costs need to be closely monitored and controlled. The number, size, and cost of government-sponsored conferences also should be reduced.
The Committee expects the Departments and agencies funded in this bill to make maximum use of low cost airfares, consistent with General Services Administration guidelines. The GSA permits the use of lower fares, available to the general public, offered by non-contract carriers, if such use will result in a lower total trip cost. Consistent with GSA guidelines, the Committee expects each Department and agency to determine if such lower fares are available and, if so, those lower fares should be used unless the contract carrier that would have otherwise been used will provide a comparable fare. This direction applies to all official travel funded in this bill.
Major new construction projects should not be initiated at the expense of critical operations and maintenance requirements. Likewise, no new construction project should be initiated without a thorough analysis of the future staffing, operations, and maintenance costs that will result, and the Committee should be consulted at the earliest possible stage when a major construction project is under consideration. This has been a particular problem in the National Park Service.
The Committee appreciates the need for information technology improvements, enterprise services networks, and implementing portions of the President's management agenda. However, to date, a lot of funding has been dedicated to these initiatives without a well thought-out and reasonable approach to addressing requirements. Commercially available systems, through the private sector, should be used to the maximum extent possible rather than building customized new systems. Likewise, the Committee does not endorse the practice of assessing costs against programs to build bigger administrative bureaucracies in response to new administrative and technology requirements or the practice of reducing program budgets on the basis of presumed future savings. These costs should be clearly justified and requested under administrative accounts and any future savings associated with administrative improvements should be demonstrated before budget reductions are proposed. While portions of the Administration's management agenda may indeed be useful, funds should not be taken from all agencies to provide centralized funding for the various lead agencies. If funding is needed for government wide initiatives, it should be requested and managed by each lead agency.
The Committee has made difficult choices in formulating its fiscal year 2006 budget recommendations. Each agency funded in the Interior, Environment, and Related Agencies bill needs to examine its way of doing business in these constrained fiscal times and focus on its core, proven programs and on better management of resources.
TITLE I--DEPARTMENT OF THE INTERIOR
The Committee has been unable to provide funds for the Cooperative Conservation Initiative challenge cost share program because of severe fiscal constraints. However, the Committee remains supportive of the concept and has continued the traditional agency challenge cost share program. The Committee has no objection to broadening the scope of the ongoing program to encompass resource protection activities.
BUREAU OF LAND MANAGEMENT
The Bureau of Land Management is responsible for the multiple use management, protection, and development of a full range of natural resources, including minerals, timber, rangeland, fish and wildlife habitat, and wilderness on about 261 million acres of the Nation's public lands and for management of 700 million additional acres of Federally-owned subsurface mineral rights. The Bureau is the second largest supplier of public outdoor recreation in the Western United States.
Under the multiple-use and ecosystem management concept the Bureau administers more than 18,000 grazing permits and leases and nearly 13 million livestock animal unit months on 214 million acres of public rangeland, and manages rangelands and facilities for 56,000 wild horses and burros, 261 million acres of wildlife habitat, and over 117,000 miles of fisheries habitat. Grazing receipts are estimated to be about $12.2 million in fiscal year 2006, the same as the estimate for fiscal year 2005 and actual receipts of $11.8 million in fiscal year 2004. The Bureau also administers about 55 million acres of commercial forests and woodlands through the `Management of Lands and Resources' and `Oregon and California Grant Lands' appropriations. Timber receipts (including salvage) are estimated to be $55.4 million in fiscal year 2006 compared to estimated receipts of $33.0 million in fiscal year 2005 and actual receipts of $13.5 million in fiscal year 2004. The Bureau has an active program of soil and watershed management on 175 million acres in the lower 48 States and 86 million acres in Alaska. Practices such as revegetation, protective fencing, and water development are designed to conserve, enhance, and develop public land, soil, and watershed resources. The Bureau is also responsible for fire protection on the public lands and on all Department of the Interior managed lands in Alaska, and for the suppression of wildfires on the public lands in Alaska and the western States.
MANAGEMENT OF LANDS AND RESOURCES
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $836,826,000
Budget estimate, 2006 850,177,000
Recommended, 2006 845,783,000
Comparison:
Appropriation, 2005 +8,957,000
Budget estimate, 2006 -4,394,000
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The Committee recommends $845,783,000 for management of lands and resources, $4,394,000 below the budget request and $8,957,000 above the fiscal year 2005 enacted level.
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
Land Resources.--The Committee recommends $189,919,000 for land resources, $2,956,000 above the budget request and $1,905,000 above the fiscal year 2005 enacted level. Changes from the budget request include increases of $1,000,000 for the San Pedro Partnership and $1,100,000 for Santa Ana River conservation and land management programs, $156,000 for accelerated soil surveys in Wyoming, $1,000,000 for the Idaho strategic plan for noxious weed control, and a decrease of $300,000 for rangeland restoration.
The increase provided for the Upper San Pedro Partnership shall be used only for water conservation and retention projects within the Upper San Pedro river region.
Wildlife and Fisheries.--The Committee recommends $41,048,000 for wildlife and fisheries, the same as the budget request and $4,137,000 above the fiscal year 2005 enacted level.
Threatened and Endangered Species.--The Committee recommends $21,572,000 for threatened and endangered species, the same as the budget request and $428,000 above the fiscal year 2005 enacted level.
Recreation Management.--The Committee recommends $64,604,000 for recreation management, $1,000,000 above the budget request and $5,015,000 above the fiscal year 2005 enacted level. The change from the budget request is an increase of $1,000,000 for the San Jacinto and Santa Rosa National Monument plan implementation.
The managers urge the Bureau to comply with the provisions of the Steens Act and allow landowner, lessee and inholder access to their property within the boundary of the Steens Mountain Cooperative Management and Protection Area. Unless funding is provided for land acquisition or exchanges, landowners should be afforded full access to their property.
Energy and Minerals.--The Committee recommends $110,069,000 for energy and minerals including Alaska minerals, $2,000,000 above the budget request and $494,000 above the fiscal year 2005 enacted level. The change from the budget request is an increase of $2,000,000 for oil and gas management.
The Committee believes that U.S. oil shale development is an important domestic energy resource. This energy source has the potential to help reduce America's growing dependence on foreign oil imports, provided that such oil shale development, for both research and development as well as large scale commercial projects, is conducted in an environmentally acceptable and economically feasible manner. The Committee directs the Bureau to report by December 31, 2005, on the administrative, regulatory, and statutory steps that may be necessary to proceed with oil shale development, including, but not limited to, acreage limitations on leases and permitting measures needed to stimulate oil shale research and commercial development.
Realty and Ownership Management.--The Committee recommends $81,146,000 for realty and ownership management, the same as the budget request and $11,478,000 below the fiscal year 2005 enacted level.
Resource Protection and Maintenance.--The Committee recommends $85,866,000 for resource protection and maintenance, $2,250,000 above the budget request and $4,365,000 above the fiscal year 2005 enacted level. Changes from the request include increases of $1,250,000 for the law enforcement initiative and $1,000,000 for California desert conservation area plans. The increase for law enforcement activities should be directed to increasing law enforcement presence on the Southwestern border in New Mexico, Arizona, and California.
Transportation and Facilities Maintenance.--The Committee recommends $76,291,000 for transportation and facilities maintenance, the same as the budget request and $1,522,000 below the fiscal year 2005 enacted level.
Land and Resource Information Systems.--The Committee recommends $18,217,000 for land and resource information systems, the same as the budget request and $155,000 above the fiscal year 2005 enacted level.
Mining Law Administration.--The Committee recommends $32,696,000 for mining law administration. Offsetting fees are equal to the amount made available to support this activity.
Workforce and Organizational Support.--The Committee recommends $147,619,000 for workforce and organizational support, the same as the budget request and $5,458,000 above the fiscal year 2005 enacted level.
Challenge Cost Share.--The Committee recommends $7,396,000 for the Bureau's traditional challenge cost share program, $12,600,000 below the budget request and the same as the fiscal year 2005 enacted level.
Bill Language- Language is included in Title IV--General Provisions concerning e government initiatives, competitive sourcing studies and the Service First initiative.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $831,295,000
Budget estimate, 2006 756,564,000
Recommended, 2006 761,564,000
Comparison:
Appropriation, 2005 -69,731,000
Budget estimate, 2006 +5,000,000
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The Committee recommends $761,564,000 for wildland fire management, $5,000,000 above the budget request and $69,731,000 below the fiscal year 2005 enacted level. When adjusted for emergency appropriations there is an increase of $28,880,000 above the fiscal year 2005 enacted level.
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The appropriation includes $272,852,000 for preparedness, $234,167,000 for fire suppression operations, $211,220,000 for hazardous fuels reduction, $24,476,000 for burned area rehabilitation, $5,000,000 for rural fire assistance, $7,849,000 for deferred maintenance and capital improvement and $6,000,000 for the joint fire science program.
The Committee has provided the requested funds for the hazardous fuels program but wants to ensure that these funds are used to address the Nation's highest priority fuels projects. The Committee continues to stress that the Department should be coordinating hazardous fuels activities with the Department of Agriculture, State fire agencies and community wildfire protection plans.
The Committee does not approve the new budget alignment within wildland fire management. Including joint fire science and facilities activities in the preparedness budget artificially inflates the preparedness budget and makes it difficult to compare to previous readiness levels. The Committee sees no compelling reason to include any other activities in the preparedness or suppression budgets.
The Committee remains concerned about the high costs of large fire incidents. The Department of the Interior, along with the Forest Service should ensure that cost containment is an important priority when suppressing wildland fires. Therefore, the Committee directs the Department of the Interior and the Forest Service to continue reports directed previously and to examine, using independent panels, any individual wildfire incident which results in expenses greater than $10,000,000.
The Committee has partially restored the rural fire assistance program. The Administration's rationale for the reduction was that similar funding was available within the Federal Emergency Management Agency (FEMA) for rural fire assistance. The Committee is skeptical that the Department of the Interior will receive commensurate funding from FEMA and will be able retain the same flexibility in directing the funding to the highest priority needs. The Committee directs the Department to report, no later than December 31, 2005, with detailed information on how the FEMA funding will be received and allocated.
Bill Language.--Language is included under the wildland fire management account allowing the Secretary of the Interior and the Secretary of Agriculture to transfer not more than $9,000,000 between the two Departments for wildland fire management programs and projects. Language is also included allowing the use of wildfire suppression funds in support of Federal emergency response actions.
CONSTRUCTION
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Appropriation enacted, 2005 $11,340,000
Budget estimate, 2006 6,476,000
Recommended, 2006 11,476,000
Comparison:
Appropriation, 2005 +136,000
Budget estimate, 2006 +5,000,000
----------------------------------------
The Committee recommends $11,476,000 for construction, $5,000,000 above the budget request and $136,000 above the 2005 enacted level. The increase above the budget request is to address high priority deferred maintenance construction projects that improve recreation facilities and public access.
LAND ACQUISITION
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----------------------------------------
Appropriation enacted, 2005 $11,192,000
Budget estimate, 2006 13,350,000
Recommended, 2006 3,817,000
Comparison:
Appropriation, 2005 -7,375,000
Budget estimate, 2006 -9,533,000
----------------------------------------
The Committee recommends $3,817,000 for land acquisition, a decrease of $9,533,000 below the budget request and $7,375,000 below the fiscal year 2005 enacted level. This amount includes $1,500,000 for emergencies and hardships, and $2,317,000 for acquisition management.
OREGON AND CALIFORNIA GRANT LANDS
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-----------------------------------------
Appropriation enacted, 2005 $107,497,000
Budget estimate, 2006 110,070,000
Recommended, 2006 110,070,000
Comparison:
Appropriation, 2005 +2,573,000
Budget estimate, 2006 0
-----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $110,070,000 for the Oregon and California grant lands, the same as the budget request and $2,573,000 above the fiscal year 2005 enacted level.
RANGE IMPROVEMENTS
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $10,000,000
Budget estimate, 2006 10,000,000
Recommended, 2006 10,000,000
Comparison:
Appropriation, 2005 0
Budget estimate, 2006 0
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The Committee recommends an indefinite appropriation of not less than $10,000,000 to be derived from public lands receipts and Bankhead-Jones Farm Tenant Act lands grazing receipts. Receipts are used for construction, purchase, and maintenance of range improvements, such as seeding, fence construction, weed control, water development, fish and wildlife habitat improvement, and planning and design of these projects.
SERVICE CHARGES, DEPOSITS AND FORFEITURES
The Committee recommends an indefinite appropriation estimated to be $32,940,000, the budget request, for service charges, deposits, and forfeitures. This appropriation is offset with fees collected under specified sections of the Federal Land Policy and Management Act of 1976 and other Acts to pay for reasonable administrative and other costs in connection with rights-of-way applications from the private sector, miscellaneous cost-recoverable realty cases, timber contract expenses, repair of damaged lands, the adopt-a-horse program, and the provision of copies of official public land documents.
MISCELLANEOUS TRUST FUNDS
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $12,405,000
Budget estimate, 2006 12,405,000
Recommended, 2006 12,405,000
Comparison:
Appropriation, 2005 0
Budget estimate, 2006 0
----------------------------------------
The Committee recommends an indefinite appropriation estimated to be $12,405,000, the budget request, for miscellaneous trust funds. The Federal Land Policy and Management Act of 1976 provides for the receipt and expenditure of moneys received as donations or gifts (section 307). Funds in this trust fund are derived from the administrative and survey costs paid by applicants for conveyance of omitted lands (lands fraudulently or erroneously omitted from original cadastral surveys), from advances for other types of surveys requested by individuals, and from contributions made by users of Federal rangelands. Amounts received from the sale of Alaska town lots are also available for expenses of sale and maintenance of town sites. Revenue from unsurveyed lands, and surveys of omitted lands, administrative costs of conveyance, and gifts and donations must be appropriated before it can be used.
UNITED STATES FISH AND WILDLIFE SERVICE
The mission of the U.S. Fish and Wildlife Service is to conserve, protect and enhance fish and wildlife and their habitats for the continuing benefit of people. The Service has responsibility for migratory birds, threatened and endangered species, certain marine mammals, and land under Service control.
The Service manages nearly 96 million acres across the United States, encompassing a 545-unit National Wildlife Refuge System, additional wildlife and wetlands areas, and 69 National Fish Hatcheries. A network of law enforcement agents and port inspectors enforce Federal laws for the protection of fish and wildlife. In 2003, the Service celebrated the 100th anniversary of the establishment of the National Wildlife Refuge System.
RESOURCE MANAGEMENT
------------------------------------------
------------------------------------------
Appropriation enacted, 2005 $962,940,000
Budget estimate, 2006 985,563,000
Recommended, 2006 1,005,225,000
Comparison:
Appropriation, 2005 +42,285,000
Budget estimate, 2006 +19,662,000
------------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $1,005,225,000 for resource management, an increase of $42,285,000 above the budget request and $19,662,000 above the fiscal year 2005 level. Changes to the budget request are detailed below.
Ecological Services.--The Committee recommends $260,893,000 for ecological services, an increase of $10,320,000 above the budget request.
Increases for endangered species candidate conservation programs include $300,000 for Idaho sage grouse and $300,000 for the Fisher (Martes pennanti).
Increases for recovery programs include $1,000,000 to restore the Platte River recovery program, $1,500,000 for wolf monitoring in Idaho, $200,000 for the Gabbro soils inventory in California, $2,000,000 for Pacific salmon grants to be administered through the National Fish and Wildlife Foundation, $700,000 to restore funding for the Upper Colorado River recovery program, $500,000 for Florida manatee protection and recovery, and $300,000 for Northern Aplomado falcon recovery efforts through the Peregrine Fund.
For the Partners for Fish and Wildlife program, there is a decrease of $4,000,000 to the proposed program expansion of the Upper Klamath Basin restoration program, and increases of $1,400,000 for Washington regional fisheries enhancement groups, $700,000 for environmental data quality and access for the Washington salmon recovery effort, $180,000 for technical assistance at the New Jersey Meadowlands; $750,000 for restoration in the Tunkhannock, Bentley, and Bowman's Creek watersheds in Pennsylvania, $500,000 for fish passage in the west branch of the Susquehanna River, $500,000 for Georgia streambank restoration, $500,000 for nutria eradication at the Blackwater NWR, MD, $500,000 for Susquehanna River headwaters multiple use wetlands, and $500,000 for a study of Colorado River flow and aquatic habitats from Longhorn Dam to Matagorda Bay.
In project planning, increases include $270,000 to restore the FERC review/relicensing program, $550,000 for the Middle Rio Grande initiative, $100,000 to continue operations at the Cedar City, UT ecological services office, and $170,000 to restore the base program.
In coastal programs there are increases of $200,000 for the Hood Canal Salmon Enhancement Group, $200,000 for Long Live the Kings, and $300,000 to restore funding for the Tampa and Florida panhandle field offices, and a decrease of $2,500,000 to the proposed coastal program expansion.
In the environmental contaminants program, there is an increase of $2,700,000. The Committee rejects the budget proposal to reduce this account.
Refuges and wildlife.--The Committee recommends $490,358,000 for refuges and wildlife, a decrease of $2,783,000 below the budget request.
In refuge operations, there is a net increase of $500,000. For wildlife and habitat management, there is a $7,600,000 decrease for the departmental challenge cost share program, and increases of $1,400,000 to restore the spartina grass control program at the Willapa NWR, WA, $1,000,000 for cooperative projects with friends groups on invasive species control, $1,100,000 to restore the base budget for general operations, and $2,000,000 to continue `minimum staffing' implementation using an updated refuge operating needs system. For refuge visitor services, there are increases of $2,000,000 to restore the visitor facility enhancements program and $600,000 to restore the base budget for general operations.
In migratory bird management, there is a decrease of $3,483,000. For conservation and monitoring decreases include $750,000 for focal species management, $200,000 for survey and monitoring, and $200,000 for population and habitat assessment. For the joint ventures program, decreases include $1,433,000 for new joint ventures, $800,000 for existing joint ventures, and $100,000 for national administration. The Committee is very supportive of the migratory bird management program and has retained some of the increases proposed in the budget request.
In law enforcement operations, there is an increase of $200,000 to restore partially the law enforcement vehicle replacement program.
Fisheries.--The Committee recommends $118,756,000 for fisheries, an increase of $11,100,000 above the budget request. For hatchery operations, there is a decrease of $600,000. For hatchery maintenance, there is an increase of $1,500,000 to restore partially whirling disease research. For fish and wildlife management, increases include $1,150,000 to restore the proposed general reduction, $1,750,000 for the national fish habitat initiative, $1,700,000 to restore the fish passage program, $500,000 to restore the Great Lakes fish and wildlife restoration program, $2,000,000 for Washington State salmon mass marking of hatchery fish, $500,000 for Washington hatchery improvement to be divided equally between the Hatchery Scientific Review Group and Long Live the Kings, $250,000 for the Regional Mark Processing Center, and $350,000 for Yukon River Salmon Treaty programs. There is also an increase of $2,000,000 to restore the marine mammals program.
General Administration.--The Committee recommends $135,218,000 for general administration, a net increase of $1,025,000 above the budget request. In general operations, there is an increase of $2,025,000 to restore the proposed reduction for unidentified management efficiencies. For the National Conservation Training Center, there is a decrease of $375,000 for operations and an increase of $375,000 for maintenance. For the National Fish and Wildlife Foundation, there is an increase of $300,000 to restore the base program. For the science excellence initiative, there is a decrease of $1,500,000. In international affairs, there is a decrease of $200,000 for the international wildlife trade program and an increase of $400,000 to restore base funding for the wildlife without borders program.
Bill Language.--The Committee recommends continuing bill language earmarking funding for the endangered species listing program. A total of $18,130,000, as requested, is earmarked for listing, of which $12,852,000 is earmarked for critical habitat designation.
The Committee agrees to the following:
1. Funds provided for wolf monitoring in Idaho include $460,000 for the Nez Perce Tribe, $940,000 for the Idaho Office of Species Conservation, and $100,000 for the Service's Snake River Basin Office.
2. Funds for the Gabbro soils inventory are to conduct a survey to evaluate the degree of protection afforded five plant species relative to recovery plan targets.
3. The Committee has retained the proposed general increase for the Endangered Species Act consultation program and expects the Service to use this increase to address the backlog of critical consultation needs such as those associated with the American burying beetle in Oklahoma and the extraordinary needs in California.
4. Last year the Committee urged the Service and the Department not to abandon their commitment to addressing the critical operations and maintenance backlog needs of the National Wildlife Refuge System now that 100th anniversary of the refuge system has passed. The Service was directed to update its minimum staffing analysis, which forms the basis for tier one of the Refuge Operating Needs System, no later than January 15, 2005. The Committee has not received that updated analysis and expects the Service to comply with that requirement prior to conference action on the fiscal year 2006 appropriations bill.
5. In fulfilling its responsibilities for the operation of Vieques NWR, the Service should continue to consult with the National Oceanic and Atmospheric Administration.
6. The increase above the 2005 level for migratory bird management should be used mainly to fill the large number of critical staff vacancies.
7. The Peregrine Fund should be funded at $700,000 in fiscal year 2006, which includes $300,000 for Northern Aplomado Falcon recovery activities.
8. The Service should continue and intensify its efforts to collect reimbursements for fisheries mitigation efforts and use those funds to address habitat restoration and conservation. The fiscal year 2007 budget justification should include an update on the Service's efforts in this area.
9. The Committee commends the extensive efforts of the fisheries program over the past year to collect, correct, and standardize data on program spending and to identify critical operational shortfalls caused by base budget erosion. The Committee-recommended increases to the base budget are based on those data. The Committee expects the fisheries program to address inequities in field station funding when allocating base budget increases; to include consideration of reimbursable funding; to incorporate the results of the recent workforce planning effort; and to maintain salary and benefit costs, as a percent of total budget, at the same levels for each field station.
10. The Committee is pleased with the development of the National Fish Habitat Initiative, and believes that this model has the potential to be a very effective tool for reversing the declines of aquatic species caused largely by habitat degradation. The Committee recommends $1,750,000 for the National Fish Habitat Initiative. Of the amount provided, 80% should be used to implement on-the-ground, cost-shared habitat restoration projects, identified in the Fisheries Operational Needs System and in direct support of fish habitat partnerships and pilot joint ventures, and 20% should be used to support continued development of the National Fish Habitat Plan.
11. The Committee is concerned about the number of depleted populations of Federal trust species; particularly those lacking adequate population assessments and management plans. Many of these species are indicators of larger ecosystem and human health issues and regular monitoring of the health of these populations is necessary. The Committee is pleased with the efforts of the fisheries program to address this need, and expects that a portion of the recommended base budget increase will be used for this purpose. The Committee further encourages the Service to support this effort in future budget requests.
12. The Committee continues to believe that the Service's science initiative needs to be closely coordinated with, and jointly funded by, the U.S. Geological Survey and has provided $500,000 for the Service and $200,000 for the Survey for the initiative.
13. The Committee has recommended bill language in Title IV--General provisions prohibiting the use of funds for Safecom and Disaster.gov activities. Funds requested for these activities should be reprogrammed to cover equitably program shortfalls not funded in the budget request (associated with the underestimates of administrative costs when the Cost Allocation Methodology funds were realigned to programs in fiscal year 2005) .
14. Since enactment of the Captive Wildlife Safety Act, the Service has worked to craft the required regulations. The Service is pursuing this effort, in consultation with the U.S. Department of Agriculture Animal and Plant Health Inspection Service, and is committed to providing an effective and enforceable framework for implementing this law. The Committee expects the Service to publish a proposed rule as soon as possible and to report to the Committee on implementation requirements (funding and staffing) associated with the rule no later than November 1, 2005.
CONSTRUCTION
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----------------------------------------
Appropriation enacted, 2005 $93,210,000
Budget estimate, 2006 19,676,000
Recommended, 2006 41,206,000
Comparison:
Appropriation, 2005 -52,004,000
Budget estimate, 2006 +21,530,000
----------------------------------------
The Committee recommends $41,206,000 for construction, a decrease of $52,004,000 below the fiscal year 2005 level and an increase of $21,530,000 above the budget request.
The Committee agrees to the following distribution of funds:
[Dollars in thousands]
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Project Description Budget request Committee recommendation Difference
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Allegheny NFH, PA Water Supply Improvements [cc] 0 725 725
Clark R. Bavin Forensics Laboratory, OR Renovation/Upgrade Facility--Phase II [cc] 0 3,355 3,355
Crab Orchard NWR, IL Visitor Center Dam Rehabilitation [cc] 2,625 2,625 0
Big Oaks NWR, IN Old Timbers Lake Dam Rehabilitation--Phase II [d/cc] 150 150 0
Balcones Canyonlands NWR, TX Martin Lake and Martin West Dams [p/d/cc] 500 500 0
Kenai NWR, AK Visitor Center/Water and Sewer Lines [cc] 0 500 500
Klamath Basin NWR Complex, CA Water Supply and Management--Phase V [cc] 0 2,500 2,500
Kofa NWR, AZ Structural Replacement of Four Buildings--Phase II [cc] 1,515 1,515 0
Craig Brook NFH, ME Wastewater Treatment Compliance--Phase III [cc] 2,480 2,480 0
Division of Safety, Security and Aviation Replacement of Survey Aircraft--Phase III 1,500 1,500 0
Fish Springs NWR, UT Seismic Safety/Rehabilitation of 6 Buildings [cc] 0 300 300
Hanford Reach NM/Saddle Mountain NWR, WA Visitor Center [cc] 0 2,250 2,250
Northwest Power Planning Area Fish Screens, etc 0 3,000 3,000
Servicewide Bridge Safety Inspections 570 570 0
Servicewide Dam Safety Programs & Inspections 720 720 0
Servicewide Visitor Contact Facilities 0 5,000 5,000
Tualatin NWR, OR Visitor Center and Administration Building [cc] 0 3,900 3,900
Subtotal, Line Item Construction 10,060 31,590 21,530
Nationwide Engineering Services:
Cost Allocation Methodology 2,456 2,456 0
Environmental Compliance 1,000 1,000 0
Other, non-project specific Nationwide Engineering Services 5,900 5,900 0
Seismic Safety Program 130 130 0
Waste Prevention, Recycling, Environmental Management 130 130 0
Subtotal, Nationwide Engineering Services 9,616 9,616 0
Total 19,676 41,206 21,530
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The Service should continue to use a standardized design approach for visitor centers and should request funding for visitor centers on the priority list. The Committee has provided funding to complete several projects that are currently underway. The budget request was irresponsible in not including construction funds for construction projects in process.
LAND ACQUISITION
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $37,005,000
Budget estimate, 2006 40,992,000
Recommended, 2006 14,937,000
Comparison:
Appropriation, 2005 -22,068,000
Budget estimate, 2006 -26,055,000
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The Committee recommends $14,937,000 for land acquisition, a decrease of $26,055,000 below the budget request and $22,068,000 below the enacted level. This amount includes $1,750,000 for inholdings, $1,750,000 for emergencies and hardships, $1,724,000 for exchanges, $7,893,000 for acquisition management, and $1,820,000 for cost allocation methodology.
LANDOWNER INCENTIVE PROGRAM
The landowner incentive program provides funds to States, territories and tribes for matching, competitively awarded grants to establish or supplement landowner incentive programs that provide technical and financial assistance to private landowners. The purpose of these incentive programs is to restore and protect habitat of Federally listed, proposed, and candidate species under the Endangered Species Act and other at risk species on private lands. Eligible grantees include the States, the District of Columbia, Indian Tribes, Puerto Rico, Guam, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, and American Samoa.
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $21,694,000
Budget estimate, 2006 40,000,000
Recommended, 2006 23,700,000
Comparison:
Appropriation, 2005 +2,006,000
Budget estimate, 2006 -16,300,000
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The Committee recommends $23,700,000 for the landowner incentive program, an increase of $2,006,000 above the fiscal year 2005 level and $16,300,000 below the budget request.
Given the constrained allocation for fiscal year 2006, the Committee has focused on restoring funding for the core, proven, mission-essential programs of the Service. The Committee does not object to new programs, but these grant programs should only be funded in addition to, and not at the expense of, mission-essential programs including proven, cost-shared, partnership programs.
PRIVATE STEWARDSHIP GRANTS
The private stewardship grants program provides grants and other assistance to individuals and groups engaged in local, private, and voluntary conservation efforts that benefit federally listed, proposed, and candidate species, and other at risk species.
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $6,903,000
Budget estimate, 2006 10,000,000
Recommended, 2006 7,386,000
Comparison:
Appropriation, 2005 +483,000
Budget estimate, 2006 -2,614,000
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The committee recommends $7,386,000 for private stewardship grants, an increase of $483,000 above the fiscal year 2005 level and $2,614,000 below the budget request.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
Eighty percent of the habitat for more than half of the listed endangered and threatened species is on private land. The Cooperative Endangered Species Conservation Fund provides grants to States and territories for endangered species recovery actions on non-Federal lands and provides funds for non-Federal land acquisition to facilitate habitat protection. Individual States and territories provide 25 percent of grant project costs. Cost sharing is reduced to 10 percent when two or more States or territories are involved in a project.
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Appropriation enacted, 2005 $80,462,000
Budget estimate, 2006 80,000,000
Recommended, 2006 84,400,000
Comparison:
Appropriation, 2005 +3,938,000
Budget estimate, 2006 +4,400,000
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The Committee recommends $84,400,000 for the cooperative endangered species conservation fund, an increase of $3,938,000 above the fiscal year 2005 level and $4,400,000 above the budget request. The increase to the budget request is for habitat conservation plan land acquisition.
Bill Language- Language is included deriving only the species recovery land acquisition and HCP land acquisition portions of this account from the Land and Water Conservation Fund, instead of deriving the entire funding from the LWCF as proposed in the budget request.
NATIONAL WILDLIFE REFUGE FUND
Through this program the Service makes payments to counties in which Service lands are located, based on their fair market value. Payments to counties are estimated to be $20,914,000 in fiscal year 2006 with $14,414,000 derived from this appropriation and $6,500,000 from net refuge receipts estimated to be collected in fiscal year 2005.
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $14,214,000
Budget estimate, 2006 14,414,000
Recommended, 2006 14,414,000
Comparison:
Appropriation, 2005 +200,000
Budget estimate, 2006 0
-----------------------------------------
The Committee recommends $14,414,000, the budget request, for the National wildlife refuge fund, an increase of $200,000 above the fiscal year 2005 funding level.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The U.S. Fish and Wildlife Service, through the North American Wetlands Conservation Fund, leverages partner contributions for wetlands conservation. Projects to date have been in 50 States, 13 Canadian provinces, 25 Mexican states, and the U.S. Virgin Islands. In addition to this appropriation, the Service receives funding from receipts in the Federal Aid in Wildlife Restoration account from taxes on firearms, ammunition, archery equipment, pistols, and revolvers, and from the Sport Fish Restoration account from taxes on fishing tackle and equipment, electric trolling motors and fish finders, and certain marine gasoline taxes. By law, sport fish restoration receipts are used for coastal wetlands in States bordering the Pacific and Atlantic Oceans, States bordering the Great Lakes, Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the freely associated States in the Pacific, and American Samoa.
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Appropriation enacted, 2005 $37,472,000
Budget estimate, 2006 49,949,000
Recommended, 2006 40,000,000
Comparison:
Appropriation, 2005 +2,528,000
Budget estimate, 2005 -9,949,000
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The Committee recommends $40,000,000 for the North American wetlands conservation fund, an increase of $2,528,000 above the fiscal year 2005 level and $9,949,000 below the budget request. Decreases to the budget request include $9,549,000 for wetlands conservation grants and $400,000 for program administration.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
The Neotropical Migratory Bird Conservation Act of 2000 authorizes grants for the conservation of neotropical migratory birds in the United States, Latin America and the Caribbean, with 75 percent of the amounts available to be expended on projects outside the U.S. There is a three to one matching requirement under this program.
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---------------------------------------
Appropriation enacted, 2005 $3,944,000
Budget estimate, 2006 0
Recommended, 2006 4,000,000
Comparison:
Appropriation, 2005 +56,000
Budget estimate, 2005 +4,000,000
---------------------------------------
The Committee recommends $4,000,000 for the neotropical migratory bird conservation program, an increase of $56,000 above the fiscal year 2005 level and $4,000,000 above the budget request. The Administration proposed $4,000,000 for this program as part of the multinational species conservation fund.
This program provides critically needed resources for conservation of neotropical migratory birds. The Committee expects the Service to coordinate closely with the Service's international program on neotropical migratory bird conservation program implementation.
MULTINATIONAL SPECIES CONSERVATION FUND
This account combines funding for programs under the former rewards and operations (African elephant) account, the former rhinoceros and tiger conservation account, the Asian elephant conservation program, and the great ape conservation program.
The African Elephant Act of 1988 established a fund for assisting nations and organizations involved with conservation of African elephants. The Service provides grants to African nations and to qualified organizations and individuals to protect and manage critical populations of these elephants.
The Rhinoceros and Tiger Conservation Act of 1994 authorized programs to enhance compliance with the Convention on International Trade in Endangered Species (CITES) and U.S. or foreign laws prohibiting the taking or trade of rhinoceros, tigers, or their habitat.
The Asian Elephant Conservation Act of 1997 authorized a grant program, similar to the African elephant program, to enable cooperators from regional and range country agencies and organizations to address Asian elephant conservation problems. The world's surviving populations of wild Asian elephants are found in 13 south and southeastern Asian countries.
The Great Ape Conservation Act of 2000 authorized grants to foreign governments, the CITES secretariat, and non-governmental organizations for the conservation of great apes.
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Appropriation enacted, 2005 $5,719,000
Budget estimate, 2006 8,300,000
Recommended, 2005 5,900,000
Comparison:
Appropriation, 2005 +181,000
Budget estimate, 2005 -2,400,000
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The Committee recommends $5,900,000 for the multinational species conservation fund, an increase of $181,000 above the fiscal year 2005 level and $2,400,000 below the budget request. Changes to the budget request include a decrease of $4,000,000 for neotropical migratory birds (which is funded in a separate account) and increases of $400,000 for African elephant conservation, $400,000 for Asian elephant conservation, $300,000 for rhinoceros and tiger conservation and $500,000 for great ape conservation. The Committee expects these funds to be matched by non-Federal funding to leverage private contributions to the maximum extent possible.
STATE AND TRIBAL WILDLIFE GRANTS
The State and tribal wildlife grants program provides funds for States to develop and implement wildlife management and habitat restoration for the most critical wildlife needs in each State. States are required to develop comprehensive wildlife conservation plans to be eligible for grants and to provide at least a 25 percent cost share for planning grants and at least a 50 percent cost share for implementation grants.
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $69,028,000
Budget estimate, 2006 74,000,000
Recommended, 2006 65,000,000
Comparison:
Appropriation, 2005 -4,028,000
Budget estimate, 2006 -9,000,000
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The Committee recommends $65,000,000 for State and tribal wildlife grants, a decrease of $4,028,000 below the fiscal year 2005 level and $9,000,000 below the budget request. Within the amount provided, $6,000,000 is for competitively awarded grants to Indian tribes.
Bill Language.--Bill language is continued specifying that each State or eligible entity has two years to enter into specific grant agreements. If fiscal year 2006 funds remain unobligated at the end of fiscal year 2007, the unobligated funds will be reapportioned to all States and eligible entities, together with any new appropriations provided in fiscal year 2008. Bill language also is included providing direction on redistributing funds for States with disapproved plans.
The Committee agrees to the following:
1. Not more than 3 percent of the appropriated amount may be used for Federal administration of the program. Administrative costs for each grantee should also be held to a minimum so that the maximum amount of funding is used for on-the-ground projects.
2. Funds made available under this account should be added to revenues from existing State sources and not serve as a substitute for revenues from such sources.
3. Priority for the use of these funds should be placed on those species with the greatest conservation need. Funds should be used to address the habitat requirements of species identified in State wildlife plans/strategies in order to preclude the need to list more species as threatened or endangered under the Endangered Species Act.
The Committee reiterates its expectation that each State and other participating entity in the formula grant program will submit its comprehensive wildlife conservation plan on time. The Service should notify each State or other entity, as soon as possible after receipt of its plan, whether the plan is approved, conditionally approved, or disapproved. If a plan is conditionally approved, the submitting entity should be given a limited but reasonable amount of time to address the Service's concerns and submit a revised plan for approval. Such extension of time should not exceed 6 months. If a plan is disapproved, the submitting entity is no longer entitled to receive funds from the program. Should an entity with a disapproved plan elect to submit a revised plan in the future, it may do so but, until a plan is approved, that entity will not be entitled to receive any funds from the program.
NATIONAL PARK SERVICE
The mission of the National Park Service is to preserve unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations. The National Park Service cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.
The National Park Service, established in 1916, has stewardship responsibilities for the protection and preservation of the heritage resources of the national park system. The system, consisting of 388 separate and distinct units, is recognized globally as a leader in park management and resource preservation. The national park system represents much of the finest the Nation has to offer in terms of scenery, historical and archeological relics, and cultural heritage. Through its varied sites, the National Park Service attempts to explain America's history, interpret its culture, preserve examples of its natural ecosystems, and provide recreational and educational opportunities for U.S. citizens and visitors from all over the world. In addition, the National Park Service provides support to tribal, local, and State governments to preserve culturally significant, ecologically important, and public recreational lands.
OPERATION OF THE NATIONAL PARK SYSTEM
-------------------------------------------
-------------------------------------------
Appropriation enacted, 2005 $1,683,564,000
Budget estimate, 2006 1,734,053,000
Recommended, 2006 1,754,199,000
Comparison:
Appropriation, 2005 +70,635,000
Budget estimate, 2006 +20,146,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $1,754,199,000 for operation of the National Park System, an increase of $70,635,000 above the enacted level and $20,146,000 above the budget request. The Committee has redirected funds to provide for a $30,000,000 base increase for the parks. This is in addition to the budget request which provides for pay and uncontrollable expenses. These funds are to be distributed proportionately to all park units and to remain in park base budgets.
Resource Stewardship.--The Committee recommends $354,116,000 for resources stewardship, the same as the budget request and $6,080,000 above the enacted level.
Included in this amount are increases above the enacted level of $4,931,000 for natural resources challenge vital signs. The Committee accepts the following reductions in the budget: $648,000 for fleet management reform, and $3,931,000 for the Natural Resource Preservation Program. Also included is $5,728,000 for uncontrollable expenses.
Visitor Services.--The Committee recommends $346,181,000 for visitor services, the same as the budget request and $7,727,000 above the enacted level. Included in this amount is an increase above the enacted level of $119,000 for fee metrics/data analysis. The Committee accepts the following reductions in the budget: $129,000 for fleet management reform, and $986,000 for the Presidential Inaugural activities. Also included is $8,723,000 for uncontrollable expenses.
Maintenance.--The Committee recommends $594,686,000 for maintenance, a reduction of $900,000 below the budget request and $11,947,000 above the enacted level. Included in this amount is an increase of $2,500,000 for repair and rehabilitation of historic structures. The Committee accepts a reduction of $388,000 for fleet management reform. Also included is $9,835,000 for uncontrollable expenses. Within the total amount provided for repair and rehabilitation, there is $80,000 for campground rehabilitation at Ozark National Scenic Riverways, $200,000 for historic landscaping at Gettysburg NMP, $200,000 for Alice Ferguson (Wareham Lodge), $497,000 for Indiana Dunes NL (West Beach), $206,000 for Indiana Dunes NL (Dunbar Beach), $300,000 for Death Valley NP (Cow Creek), $140,000 for San Juan NHS sewer repairs, and $243,000 for El Morro restrooms.
Park Support.--The Committee recommends $298,659,000 for park support, a reduction of $8,594,000 from the budget request, and $8,259,000 above the enacted level. Included in this amount are increases of $400,000 for Jamestown 2007, $578,000 for IT intrusion detection, $525,000 to establish an IT test lab, $750,000 for an IT security plan review, $500,000 for IT upgrade equipment, $1,725,000 for an IT active directory and $1,235,000 for the enterprise services network. The Committee accepts the following reductions in the budget: $129,000 for fleet management reform, $1,416,000 for management efficiencies, $644,000 for IT certification and accreditation, $87,000 for E-Government initiatives, $247,000 for wild and Scenic Rivers and $2,427,000 for Lewis and Clark challenge cost share. Also included is $7,496,000 for uncontrollable expenses. The Committee expects the Service to continue to allocate one-third of the funds provided for the challenge cost share program to the National Trails System.
The Committee has been unable to provide funds for the cooperative conservation challenge cost share program because of fiscal constraints. However, the Committee remains supportive of the concept and has provided funds to continue the traditional agency challenge cost share program and has no objection to broadening the scope of the ongoing program to encompass resource protection activities.
External Administrative Costs.--The Committee recommends $130,557,000 for external administrative costs, the same as the budget request and $6,622,000 above the enacted level. The Committee accepts the reduction of $1,337,000 for central office consolidation (GSA space rental). Also included is $7,959,000 for uncontrollable expenses.
South Florida Initiative.--The Committee continues its support for the restoration of the Everglades and the protection and preservation of the national parks and national wildlife refuges located in the region. Since this initiative began, the Committee has provided over $1 billion in funding to the Department of the Interior and its bureaus for restoration projects and activities. Restoration programs funded by the Committee include land acquisition for Federal and State areas, water quality improvements, science, the South Florida Ecosystem Restoration Task Force, Modified Water Deliveries, and the Department's participation in implementing the Comprehensive Everglades Restoration Plan. The Committee recognizes that although progress has been made in the last decade, challenges remain. These challenges must be addressed to ensure that the Everglades is preserved and restored and that the Federal investment in the Everglades is protected. To this end, it is imperative that overall Everglades restoration goals, as established by the South Florida Ecosystem Restoration Task Force, as well as individual project restoration goals, be achieved.
The Committee remains deeply concerned over efforts to improve water quality. Without clean water, the Everglades will be irretrievably altered and its unique habitat will be degraded. This will further frustrate Everglades restoration efforts now underway. The Committee remains troubled that the State of Florida is not fully achieving its obligations under the 1992 Consent Decree entered in United States v. South Florida Water Management District. The Committee understands that the interim levels for total phosphorus concentration at A.R.M. Loxahatchee National Wildlife Refuge, which remain in effect until more protective and stringent levels are required at the beginning of 2007, were exceeded in 2002 and again in 2004. This trend is troubling. The Committee understands that the U.S. District Court, which retains jurisdiction over the Consent Decree, is considering whether exceeding these interim levels should be deemed a violation of the Consent Decree. Notwithstanding the outcome of the court proceedings, the Committee directs the U.S. Fish and Wildlife Service to keep the Committee fully apprised of its effort to establish additional water quality monitoring and modeling at A.R.M. Loxahatchee National Wildlife Refuge. The Committee directs that the U.S. Fish and Wildlife Service provide the Committee with the refuge's annual and quarterly reports summarizing the implementation of the additional monitoring and modeling at the refuge. Additionally, the Committee expects that the annual report required by P.L. 108-108 and prepared jointly by the Departments of the Interior, Justice, and Army and the Environmental Protection Agency summarizing the status of the water entering A.R.M. Loxahatchee National Wildlife Refuge and Everglades National Park will be submitted expeditiously and on-time in the future as the report is long over-due. In the interim, the Committee expects that the Department will continue its work with its State and Federal partners to ensure that discharges to A.R.M. Loxahatchee National Wildlife Refuge and Everglades National Park achieve the levels and limits specified in the Consent Decree and do not cause adverse impact to these important Federal resources.
The Committee is also concerned that the Everglades restoration program may not be proceeding in a manner that guarantees the achievement of the primary Federal interest, the restoration of the Everglades. The strong intergovernmental partnership that is necessary for restoration success is not apparent. Although the Committee appreciates the State of Florida's announcement of its Acceler8 program and its intention to provide up-front funding to implement a number of Comprehensive Everglades Restoration Plan projects within the next five years, the Committee has heard concerns expressed by some stakeholders that the Acceler8 program was developed without adequate collaboration and that the projects being implemented are largely water storage projects and do not provide the anticipated natural system benefits. Given these concerns, the Committee directs the Secretary of the Interior, in consultation with the Secretary of the Army, to submit a report by December 31, 2005 on the status of the Everglades restoration projects now underway. The report should summarize the status of the projects, the anticipated environmental benefits of each project, and whether the projects being implemented by the State and the Army Corps together provide for natural system restoration. To the extent that changes in the sequencing of projects are necessary to achieve natural system restoration, the Committee directs that the report recommend such changes.
Additionally, the Committee has heard concerns expressed by some stakeholders that some non-Federal lands may need to be acquired to fully achieve natural system restoration. In response to questions posed by the Committee, the Department agrees that this is a valid concern. Given that the South Florida Ecosystem Restoration Task Force has developed a land acquisition strategy that identifies the lands that remain to be acquired, as well as tools that may be available to assist in the acquisition of these lands, the Committee directs the Secretary of the Interior, as Chair of the South Florida Ecosystem Restoration Task Force (Task Force), to provide a more detailed report to the Committee from the Task Force identifying and prioritizing for acquisition the lands that are necessary to achieve natural system restoration goals. The report should identify funding strategies involving innovative partnerships, as well as timeframes, as to when the necessary lands will be acquired so that they will be available for restoration purposes. The Committee directs that the Secretary of the Interior submit the Task Force report no later than December 31, 2005.
The Committee is pleased with the improvements in coordination that the Department has made to its science programs supporting Everglades restoration activities. The Department's Science Plan provides a road-map to ensure that the science that is being conducted supports the needs of the land managing agencies and the decisions that will affect Interior-managed resources. Similar to last year, the Committee directs that the Department submit a report by December 31, 2005 describing the scientific research projects to be funded in the National Park Service and the U.S. Geological Survey with the fiscal year 2006 appropriations. The report should provide details for each research project, including how each research project is consistent with the Department's Science Plan, as well as how the project is filling gaps in scientific information and supporting the decisions that need to be made.
National Park Foundation.--Last year, the Committee directed the National Park Service to work cooperatively with the National Park Foundation to implement fully the GAO recommendations regarding improving communications, documentation and strategic focus of activities. These recommendations also addressed ways to strengthen the Proud Partner program that would ensure transparency and accountability. The Committee appreciates the level of cooperation by both the Service and the new leadership of the National Park Foundation. The National Park Service Director has assured the Committee all GAO recommendations have been implemented and that the Service will have full access to the details of all future and renewal Proud Partners agreements and will be a signatory to those agreements.
The Service is reminded that existing agency policies, as well as sound financial management practices, require that all fundraising that benefits the National Park Service, including activities of the Foundation, require written agreements and approved fundraising plans.
Other.--The Committee continues to support the decision by Ozark National Scenic Riverways to retain the carpentry and maintenance positions at the park. The Committee recognizes the urgent needs at ONSR for these skilled personnel. The Committee expects that these positions will be retained.
The Committee understands that the Service is working closely with the Town of Blowing Rock, North Carolina to resolve permanently, through administrative means or, if necessary, a land exchange, the long standing issue of the access to water as part of the town's municipal water supply. The Committee expects the Service to allow the town of Blowing Rock to continue its water usage while moving forward with the needed steps to provide a permanent remedy, including facilitating and funding the necessary compliance effort. The Committee requests a status report no later than March 1, 2006.
The Committee expects the Service to provide the same level of funding as provided in fiscal year 2005 for the Johnstown Area Heritage Association Museum, as well as the Ice Age National Scientific Reserve, and continue this funding in the operations account in future years.
The Committee strongly encourages the National Park Service to complete the management plan for the Cedar Creek and Belle Grove National Historical Park no later than September 1, 2007.
Bill language is included under this account specifying how the additional park base increase should be allocated.
UNITED STATES PARK POLICE
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Appropriation enacted, 2005 $80,076,000
Budget estimate, 2006 80,411,000
Recommended, 2006 82,411,000
Comparison:
Appropriation, 2005 +2,335,000
Budget estimate, 2006 +2,000,000
----------------------------------------
The Committee recommends $82,411,000 for the U.S. Park Police, an increase of $2,000,000 above the budget request and $2,335,000 above the enacted level. Increases from the enacted level are for uncontrollable expenses and for new recruit classes. Decreases from the enacted level totaling $986,000 are for Inauguration activities.
The Committee directs the U.S. Park Police to submit a final report no later than January 15, 2006, detailing how it has implemented each recommendation in the original National Academy of Public Administration (NAPA) report. If certain recommendations have not been agreed to, a full explanation is required. This process has taken nearly four years and three NAPA studies to complete. The Committee expects final resolution by the above mentioned date.
NATIONAL RECREATION AND PRESERVATION
The National recreation and preservation appropriation provides for outdoor recreation planning, preservation of cultural and National heritage resources, technical assistance to Federal, State and local agencies, and administration of Historic Preservation Fund grants.
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Appropriation enacted, 2005 $60,973,000
Budget estimate, 2006 36,777,000
Recommended, 2006 48,997,000
Comparison:
Appropriation, 2005 -11,976,000
Budget estimate, 2006 +12,220,000
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The Committee recommends $48,997,000 for national recreation and preservation, an increase of $12,220,000 above the budget request and a reduction of $11,976,000 below the enacted level. The Committee has agreed with the budget request and has eliminated the Statutory or Contractual Aid category. Critical elements of this account have been moved to the operations account.
The amounts recommended by the Committee compared with the budget estimate by activity are shown in the following table:
Recreation Programs.--The Committee recommends $554,000 for recreation programs, the same as the budget request and an increase of $11,000 above the enacted level. The increase is for uncontrollable expenses.
Natural Programs.--The Committee recommends $9,545,000 for natural programs, the same as the budget request and a decrease of $1,320,000 below the enacted level. Programmatic decreases include $512,000 for rivers and trails studies, $500,000 for rivers, trails, and conservation assistance and $495,000 for national natural landmarks. An increase of $187,000 is for uncontrollable expenses.
Cultural Programs.--The Committee recommends $19,953,000 for cultural programs, an increase of $2,231,000 above the budget request and $200,000 below the enacted level. The programmatic increase includes the restoration of $1,931,000 for the National Center for Preservation Technology and Training in Louisiana. The Committee strongly urges the Service to continue to provide funding for this purpose in future budget submissions.
In addition, $300,000 is provided to produce a digitization design plan for a long range project to digitize archival records consisting of over 80,000 listings of buildings, districts, sites, structures, and objects in the National Register of Historic Places. In designing this plan, the Service should be creative in working with entities such as the Library of Congress both for technical assistance and to avoid duplication of systems. While the Committee understands the critical need and importance of this project, the Service must prioritize its needs in future budget requests.
Decreases to cultural programs include $99,000 for Gettysburg, $100,000 for Creole Heritage Center, and $296,000 for underground railroad grants. An increase of $215,000 is provided for uncontrollable expenses. Within available funds, the Service is directed to initiate planning authorized in the American Revolution Commemoration Act. The Service is strongly encouraged to provide funds in the fiscal year 2007 budget for this activity.
International Park Affairs- The Committee recommends $1,618,000 for international park affairs, the same as the budget request and $25,000 above the enacted level. This increase is for uncontrollable expenses.
Environmental and Compliance Review- The Committee recommends $399,000 for environmental and compliance review, the same as the budget request and $8,000 above the enacted level. This increase is for uncontrollable expenses.
Grant Administration- The Committee recommends $1,913,000 for grant administration, the same as the budget request and $47,000 above the enacted level. his increase is for uncontrollable expenses.
The Committee has not provided funds for the Chesapeake Bay Gateways and Water Trail initiative. Since fiscal year 2000, this Committee has provided $9,500,000 for this effort. A routine oversight program review conducted by the House Appropriations Committee's Surveys and Investigation staff uncovered several problems. The report indicates that there is a deficiency of responsible program management including, but not limited to, a lack of scrutiny of the matching fund requirements, use of grant funds to subsidize operations at grant sites, and an inappropriate use of grant funds with third party non-profit organizations. The review concluded that in addition to poor management, there was clearly too much funding chasing too few eligible projects.
Heritage Partnership Program- The Committee recommends $15,015,000 for heritage partnerships, an increase of $9,989,000 above the budget request and $436,000 above the enacted level. The Committee recommends the following distribution of funds:
| Project | Amount |
| America's Agricultural Heritage Partnership (Silos & Smokestacks) | $750,000 |
| Augusta Canal National Heritage Area | 400,000 |
| Automobile National Heritage Area | 500,000 |
| Blue Ridge National Heritage Area | 900,000 |
| Cane River National Heritage Area | 900,000 |
| Delaware and Lehigh National Heritage Corridor | 800,000 |
| Erie Canalway National Corridor | 700,000 |
| Essex National Heritage Area | 900,000 |
| Hudson River Valley National Heritage Area | 500,000 |
| John H. Chafee Blackstone River Valley National Heritage Corridor | 845,000 |
| Lackawanna Valley National Heritage Area | 650,000 |
| Mississippi Gulf National Heritage Area | 175,000 |
| National Aviation Heritage Area | 200,000 |
| National Coal Heritage Area | 123,000 |
| Ohio and Erie Canal National Heritage Corridor | 900,000 |
| Oil Region National Heritage Area | 200,000 |
| Quinnebaug and Shetucket Rivers Valley National Heritage Corridor | 850,000 |
| Rivers of Steel National Heritage Area | 900,000 |
| Schuylkill River Valley National Heritage Area | 500,000 |
| Shenandoah Valley Battlefields National Historic District | 500,000 |
| South Carolina National Heritage Corridor | 900,000 |
| Tennessee Civil War Heritage Area | 500,000 |
| Wheeling National Heritage Area | 900,000 |
| Yuma Crossing National Heritage Area | 400,000 |
| Subtotal, Projects | 14,893,000 |
| Administration | 122,000 |
| Total | $15,015,000 |
HISTORIC PRESERVATION FUND
The Historic Preservation Fund supports the State historic preservation offices to perform a variety of functions, including State management and administration of existing grant obligations; review and advice on Federal projects and actions, determinations, and nominations to the National Register; Tax Act certifications; and technical preservation services. The States also review properties to develop data for planning use.
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Appropriation enacted, 2005 $71,739,000
Budget estimate, 2006 66,205,000
Recommended, 2006 72,705,000
Comparison:
Appropriation, 2005 +966,000
Budget estimate, 2006 +6,500,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $72,705,000 for historic preservation fund programs, an increase of $6,500,000 above the budget request and $966,000 above the enacted level.
The Committee recommendation provides $36,000,000 for State historic preservation offices, $3,205,000 for tribal grants, $30,000,000 for Save America's Treasure grants, and $3,500,000 for Historically Black Colleges and Universities (HBCU). The HBCU program is a competitive program administered by the Service. The cost share on this program is 70 percent Federal and, 30 percent private. In addition, there are HBCU unexpended balances of $6,300,000 that have been available since 2000. Because of budget constraints, the Committee has not agreed to fund a new Preserve America initiative.
CONSTRUCTION
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Appropriation enacted, 2005 $352,982,000
Budget estimate, 2006 307,362,000
Recommended, 2006 291,230,000
Comparison:
Appropriation, 2005 -61,752,000
Budget estimate, 2006 -16,132,000
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The Committee recommends $291,230,000 for construction, a decrease of $16,132,000 below the budget request and $61,752,000 below the enacted level.
The Committee recommends the following distribution of funds:
| Project | Amount |
| Amistad National Recreation Area, TX | $1,003,000 |
| Big Bend National Park, TX (curatorial) | 2,100,000 |
| Blue Ridge Parkway, NC | 804,000 |
| Blue Ridge Parkway, NC (visitor center) | 3,500,000 |
| Chaco Culture National Historical Park, NM | 4,238,000 |
| Chesapeake and Ohio Canal National Historical Park, DC/MD/WV | 1,847,000 |
| Cumberland Island National Seashore, GA (Plum Orchard) | 3,247,000 |
| Cuyahoga Valley National Park, OH (rehabilitation) | 2,500,000 |
| Dayton Aviation Heritage National Historical Park, OH (Wright Dunbar Plaza) | 450,000 |
| Death Valley National Park, CA | 5,791,000 |
| Delaware Water Gap National Recreation Area, PA (cabins) | 700,000 |
| Delaware Water Gap National Recreation Area, NJ | 2,871,000 |
| Everglades National Park, FL | 25,000,000 |
| Fire Island National Seashore, NY | 764,000 |
| George Washington Memorial Parkway, VA (Arlington House) | 1,251,000 |
| George Washington Memorial Parkway, VA (maintenance) | 400,000 |
| Glacier National Park, MT | 758,000 |
| Grand Portage National Monument, MN | 4,000,000 |
| Grand Teton National Park, WY | 1,673,000 |
| Gulf Islands National Seashore, FL/MS | 971,000 |
| Homestead National Historic Site, NE (visitor center) | 1,000,000 |
| Hopewell Culture National Historical Park, OH | 389,000 |
| Hot Springs National Park, AR | 6,059,000 |
| Independence National Historical Park, PA | 3,932,000 |
| Independence National Historical Park, PA | 2,000,000 |
| Kalaupapa National Historical Park, HI | 3,779,000 |
| Keweenaw National Historical Park, MI (Calumet- Hecla) | 1,650,000 |
| Lincoln Library, IL | 4,000,000 |
| Moccasin Bend NAD, TN (erosion) | 2,000,000 |
| Mount Rainier National Park, WA | 14,307,000 |
| Mount Rainier National Park, WA | 7,900,000 |
| Olympic National Park, WA | 10,098,000 |
| Pinnacles National Monument, CA | 4,794,000 |
| Point Reyes National Seashore, CA | 2,160,000 |
| Redwood National Park, CA | 2,169,000 |
| Rosie the Riveter National Historical Park, CA (planning) | 200,000 |
| San Francisco Maritime National Historical Park, CA | 4,350,000 |
| Saratoga National Historical Park, NY (Victory Woods) | 310,000 |
| Saugus Iron Works National Historic Site, MA | 3,078,000 |
| Shenandoah National Park, VA | 4,835,000 |
| Southwest Pennsylvania Heritage Commission, PA | 2,500,000 |
| Statue of Liberty/Ellis Island National Monuments, NJ | 8,452,000 |
| Stones River National Battlefield, TN (tour) | 610,000 |
| Tuskegee Airmen National Historic Site, AL | 6,767,000 |
| White House, DC | 6,523,000 |
| Wind Cave National Park, SD | 4,928,000 |
| Wolf Trap National Park, VA | 3,000,000 |
| Yellowstone National Park, WY | 11,118,000 |
| Yellowstone National Park, WY | 4,114,000 |
| Yellowstone National Park, WY | 11,175,000 |
| Yosemite National Park, CA | 2,176,000 |
| Project Total | 204,241,000 |
| Emergency/Unscheduled | 3,944,000 |
| Housing | 7,889,000 |
| Equipment replacement | 26,900,000 |
| Planning, construction | 19,925,000 |
| General management plans | 13,754,000 |
| Construction program management | 28,605,000 |
| Dam safety | 2,662,000 |
| Managed partnership projects | 310,000 |
| Subtotal | 103,989,000 |
| Subtotal (before use of prior year funds) | 308,230,000 |
| Use of prior year balances | -17,000,000 |
| Total Construction | $291,230,000 |
The Committee commends the Service for the quality of its construction budget in recent years. The focus on critical backlog maintenance over the last ten years has made a significant impact on the most serious projects and the impact of the Choosing By Advantage system is very evident on small but significant projects that had not competed well in the past. In addition, the Committee is pleased at the progress made on the condition assessments as well as the new asset management program that is focused on life-cycle costs. Hopefully, this will help prevent reoccurrence of a large deferred maintenance backlog in the future.
The Committee believes that keeping up with backlog maintenance needs should remain a high priority. However, the Service should begin to integrate the most critical, new construction requirements into future budget submissions. The Committee continues to be concerned that, each year, the same parks seem to appear in the line item construction request. In many cases, there are multiple projects for one park unit. It is obvious that certain parks have been competing well within the system, however, professional judgment needs to be applied to ensure fairness and equity to all park units. The Committee strongly encourages the Service to make adjustments in future budget requests.
Although the Committee understands that much of the unobligated balances in construction are tied to large projects, and acknowledges the progress made to expend these funds, the Committee continues to encourage the Service to reduce these balances to a more reasonable level.
Partnership Construction Projects- The Committee is pleased with the recent progress that has been made to get large partnership construction projects under control. However, the Committee reminds the Service that most of the 44 projects should not be forwarded to Congress for funding and those that do complete the new process, and are considered high priorities, should be included in annual budget requests when appropriate. With the Director's personal assurance, the Committee understands that there will be no surprises in the future and that all parks will adhere to the long-standing bill language requiring Committee notification and approval prior to any commitment on projects in excess of $5,000,000.
The Committee expects that Director's order 21 will be finalized no later than July 15, 2005. Any future modifications to this agreement should be forwarded to the Committee.
Curatorial Facilities- The Committee has noticed a growing number of parks requesting curatorial facilities. The Committee acknowledges that many collections in the parks are not stored under ideal circumstances. The Service has three separate facilities to deal with this issue; the Midwest Archeological Center, the Northeast Cultural Resources Center and the new Western Archeological Center, which has significant storage space remaining.
It is obvious that decisions on these individual park facilities are being made ad hoc without any Service-wide analysis or plan. The Committee directs the Associate Director for Cultural Resources to work with the Associate Director for Park Planning, Facilities, and Lands to study the issue of collection storage in the parks and report findings and recommendations to the Committee by September 2006. Any future funding requirements should be weighed against other Service-wide priorities.
Other- The Committee has included $2,100,000 to complete the curatorial facility at Big Bend National Park; $3,500,000 to continue work on the Blue Ridge Parkway destination center; $3,247,000 to complete rehabilitation work on the Cumberland Island National Seashore, Plum Orchard home, and $2,500,000 for rehabilitation work at Cuyahoga Valley National Park in Ohio.
Funding in the amount of $450,000 is provided to complete work on the Wright Dunbar Plaza, part of Dayton Aviation Heritage National Historical Park; $700,000 is to continue cabin replacement at the Delaware Water Gap National Recreation Area; $400,000 is for maintenance projects along the George Washington Parkway in Virginia, and $1,000,000 is to continue work on the Homestead National Historic Site visitor center.
The Committee has provided $1,650,000 to complete work on the Calumet-Hecla House in Keweenaw National Historical Park; $4,000,000 for the Lincoln Library; $2,000,000 for erosion work at Moccasin Bend NAD; $200,000 to initiate planning for the Rosie the Riveter National Historical Park, and $310,000 to complete work on the Saratoga National Historical Park, Victory Woods project. In addition, $2,500,000 is provided for the Southwest Pennsylvania Heritage Commission and $610,000 is for planning the Stones River National Battlefield driving tour. The Committee encourages the park to seek non-Federal assistance to help complete its project.
The Committee has provided $175,000 to initiate planning for a museum concept plan for the Wilson's Creek NB Sweeney museum collection. The region should consider this a high priority project and continue to provide funds in future budget requests for this effort. Also provided is $250,000 to complete planning associated with the Manhattan Project Sites study.
The Committee has provided $3,000,000 to undertake the most essential deferred maintenance requirements at Wolf Trap National Park for the Performing Arts. The Committee cautions the Service that prior to beginning any expenditure of these funds, the Service should develop a planned program of expenditures, in priority order, focused on health and safety improvements, code compliance, and utility upgrades. The Committee expects the plan to represent a stand-alone set of work that can be accomplished within the funds provided and that is not dependent on subsequent appropriations. If additional enhancements at the park are deemed a priority to accomplish the mission, the Service and the Wolf Trap Foundation should consider a capital improvement partnership agreement, in accordance with the new partnership construction process. The Committee should be consulted prior to any agreements being signed.
The Committee has not provided funds for two Lake Mead NRA projects included in the budget request. These projects should be funded with the receipts from the Southern Nevada Public Lands Management Act.
The Committee is aware of proposals by Gateway National Recreation Area to improve the recreation playing fields and comfort stations at Miller Field and Great Kills. The Committee is supportive of improving the outdoor recreation opportunities at this park and directs the Service to develop a plan for phased implementation of the most critical improvements needed. Once a plan is developed, the Committee will be able to consider the funding requirements needed to initiate site-specific pre-design.
The Committee is aware of the significant interest in greater New Bedford in the plan to initiate a comprehensive ethnographic study of the park and its surroundings in order to develop a better understanding of the roles that the area's various communities and neighborhoods played in the history of the whaling industry. The Service is directed to initiate this study within available funds.
The Committee expects planning for restoration of the Bodie Island Lighthouse to be completed toward the end of fiscal year 2006. The Service should request construction funds when appropriate.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
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Appropriation enacted, 2005 -$30,000,000
Budget estimate, 2006 -30,000,000
Recommended, 2006 -30,000,000
Comparison:
Appropriation, 2005 0
Budget estimate, 2006 0
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The Committee recommends the rescission of $30,000,000 in the annual contract authority provided by 16 U.S.C. 460l-10a. This authority has not been used in years, and there are no plans to use it in fiscal year 2006.
LAND ACQUISITION AND STATE ASSISTANCE
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Appropriation enacted, 2005 $146,349,000
Budget estimate, 2006 54,467,000
Recommended, 2006 9,421,000
Comparison:
Appropriation, 2005 -136,928,000
Budget estimate, 2006 -45,046,000
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The Committee recommends $9,421,000 for land acquisition and State assistance, a decrease of $45,046,000 below the budget request and $136,928,000 below the enacted level. Within the funds provided, $1,587,000 is for assistance to States for administrative expenses, and $7,834,000 is for Federal land acquisition program activities, including $4,000,000 for emergencies and hardships, $9,749,000 for acquisition management, and $4,000,000 for inholdings. The Committee recommendation includes the use of $9,915,000 in prior year funds from the Cat Island project at Gulf Islands National Seashore. Negotiations for this acquisition have been ongoing since March 2002. Funds were appropriated in fiscal years 2003 and 2004, and the Service, the property owner, and the Trust for Public Land have been unable to reach agreement on the terms and conditions of the acquisition or on an appraisal, both necessary precursors to an agreement on valuation and cost. Because of these delays, the Committee is redirecting these funds to urgently needed park base increases.
UNITED STATES GEOLOGICAL SURVEY
The United States Geological Survey was established by an act of Congress on March 3, 1879 to provide a permanent Federal agency to conduct the systematic and scientific `classification of the public lands, and examination of the geological structure, mineral resources, and products of the National domain'. The USGS is the Federal government's largest earth-science research agency, the Nation's largest civilian mapmaking agency, and the primary source of data on the Nation's surface and ground water resources. Its activities include conducting detailed assessments of the energy and mineral potential of the Nation's land and offshore areas; investigating and issuing warnings of earthquakes, volcanic eruptions, landslides, and other geologic and hydrologic hazards; research on the geologic structure of the Nation; studies of the geologic features, structure, processes, and history of other planets of our solar system; topographic surveys of the Nation and preparation of topographic and thematic maps and related cartographic products; development and production of digital cartographic databases and products; collection on a routine basis of data on the quantity, quality, and use of surface and ground water; research in hydraulics and hydrology; the coordination of all Federal water data acquisition; the scientific understanding and technologies needed to support the sound management and conservation of our Nation's biological resources; and the application of remotely sensed data to the development of new cartographic, geologic, and hydrologic research techniques for natural resources planning and management, surveys, investigations, and research.
SURVEYS, INVESTIGATIONS, AND RESEARCH
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Appropriation enacted, 2005 $936,464,000
Budget estimate, 2006 933,515,000
Recommended, 2006 974,586,000
Comparison:
Appropriation, 2005 +38,122,000
Budget estimate, 2006 +41,071,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $974,586,000 for surveys, investigations, and research, an increase of $41,071,000 above the budget request and $38,122,000 above the fiscal year 2005 enacted level.
National Mapping Program- The Committee recommends $133,203,000 for the national mapping program, $250,000 below the budget request and $14,452,000 above the fiscal year 2005 enacted level. The change to the request is a reduction of $250,000 for the science impact proposal.
The Committee commends the Survey and the Administration for finally providing a detailed proposal to continue existing Landsat satellite operations and implement the Landsat Data Continuity Mission, which will place the next generation Landsat sensor in orbit. Long-term remote sensing data are vital to many aspects of the government and private sector and are strongly supported by this Committee.
Geologic Hazards, Resources and Processes- The Committee recommends $239,246,000 for geologic hazards, resources, and processes, $31,110,000 above the budget request and $8,752,000 above the fiscal year 2005 enacted level. Changes from the request include increases of $250,000 for the global dust study, $1,248,000 for Florida shelf research, $28,478,000 for mineral research and assessments and $1,134,000 for Alaska mineral resource assessments.
The Committee strongly disagrees with the proposed reduction in the Survey's mineral resources program. Minerals and mineral products are important to the U.S. economy, with processed minerals adding billions of dollars to the economy. Mineral commodities are essential to both national security and infrastructure development. Mineral resources research and assessments are a core responsibility of the Survey. The Committee does not agree that objective data on mineral commodities can be generated in the private sector.
Water Resources Investigations- The Committee recommends $211,751,000 for water resources investigations, $7,580,000 above the budget request and $551,000 above the fiscal year 2005 enacted level. Changes from the request include $230,000 for the base toxic hydrology program, $100,000 for the Hood Canal dissolved oxygen study, $750,000 for the San Pedro partnership, and $6,500,000 for the water resource research institutes.
The Committee is concerned with reports that suggest that the Water Resource Division (WRD) of the Survey is providing or seeking to provide a variety of commercial services to Federal and non-Federal entities in direct competition with the private sector. The Committee strongly discourages WRD from providing commercially available services to Federal and non-Federal entities through its cooperative water program unless these services are performed by a private sector firm under contract with the Survey or the entity with which the Survey has entered into a cooperative agreement. The Committee encourages the Survey to focus its efforts on carrying out its important mission of serving as a national database for hydrologic data, theory, and research. The Survey should submit a report to the House Committee on Appropriations by December 31, 2005, regarding its past, present and future efforts to avoid competing with the private sector.
The Committee agrees with the proposed increase for the water availability project. The Committee expects the Survey to continue with this important program and establish a second pilot project, as outlined in the Survey's November 2003 implementation plan. The Committee urges the Administration to request funding in future budgets to expand this program for other areas of the Country.
Biological Research- The Committee recommends $174,765,000 for biological research, $1,840,000 above the budget request and $3,066,000 above the fiscal year 2005 enacted level. Changes to the request include increases of $1,430,000 for the Great Lakes Science Center for safety needs associated with the docking of the research vessel Kiyi, $150,000 for invasive species database coordination with the U.S. Fish and Wildlife Service, $500,000 for manatee research, $335,000 for equipment at the anadromous fish lab, $250,000 for the Tunison lab, $175,000 for the Potomac snakehead program, $200,000 for the Upper Midwest Environmental Science Center, $400,000 to restore funding for the Nebraska Fish and Wildlife Cooperative Unit, and decreases of $550,000 for the science on the DOI landscape initiative, $750,000 for Glen Canyon adaptive management, and $300,000 for invasive species.
Enterprise Information- The Committee recommends $47,087,000 for enterprise information, $680,000 below the budget request, and $2,714,000 above the fiscal year 2005 enacted level. The change to the budget request is a decrease of $680,000 for the `disaster.gov' initiative.
Science Support- The Committee recommends $72,337,000 for science support, the same as the budget request and $6,753,000 above the fiscal year 2005 enacted level.
Facilities- The Committee recommends $96,197,000 for facilities, $1,471,000 above the budget request and $1,586,000 above the fiscal year 2005 enacted level. The change to the request is an increase of $1,471,000 to restore rental payments associated with the mineral assessments program.
Bill Language.--Language is included in Title IV--General Provisions concerning egovernment initiatives and competitive sourcing studies.
MINERALS MANAGEMENT SERVICE
The Minerals Management Service is responsible for collecting, distributing, accounting and auditing revenues from mineral leases on Federal and Indian lands. In fiscal year 2005, MMS expects to collect and distribute about $9.5 billion from active Federal and Indian leases. The MMS also manages the offshore energy and mineral resources on the Nation's outer continental shelf (OCS). To date, the OCS program has been focused primarily on oil and gas leasing. Over the past several years, MMS has been exploring the possible development of other marine mineral resources, especially sand and gravel. With the passage of the Oil Pollution Act of 1990, MMS assumed increased responsibility for oil spill research, including the promotion of increased oil spill response capabilities, and for oil spill financial responsibility certifications of offshore platforms and pipelines. The MMS also operates the Interior Franchise Fund: the entrepreneurial GovWorks enterprise provides important procurement services to a variety of governmental agencies.
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $166,820,000
Budget estimate, 2006 160,416,000
Recommended, 2006 152,676,000
Comparison:
Appropriation, 2005 -14,144,000
Budget estimate, 2006 -7,740,000
-----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends an appropriation of $152,676,000 for royalty and offshore minerals management, a decrease of $7,740,000 below the budget request and $14,144,000 below the 2005 enacted level. In addition, the Committee recommends use of $122,730,000 in receipts, which agrees with the Administration request to increase receipts and fees by $19,000,000. The Committee recommendation provides for the requested activities with two exceptions noted below, and provides small increases for fixed costs. The Committee has recommended bill language which allows the royalty-in-kind (RIK) program to continue hereafter; this allows the MMS to recover transportation costs, salaries, and other administrative costs directly related to the royalty-in-kind program. Therefore, the $9,800,000 requested for the Strategic Petroleum Reserve to the RIK conversion initiative and the CAM program funding initiative are not included in the appropriation. The Committee encourages the MMS to establish multi-year agreements for RIK transportation and processing, if advantageous to the Federal government.
Bill Language.--Language is included earmarking $77,529,000 for royalty management activities, a decrease of $9,800,000 below the request and an increase of $2,112,000 above the enacted level.
OIL SPILL RESEARCH
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $7,006,000
Budget estimate, 2006 7,006,000
Recommended, 2006 7,006,000
Comparison:
Appropriation, 2005 0
Budget estimate, 2006 0
---------------------------------------
The Committee recommends $7,006,000 to be derived from the Oil Spill Liability Trust Fund, to conduct oil spill research and financial responsibility and inspection activities associated with the Oil Pollution Act of 1990, Public Law 101-380. The Committee recommendation is equal to the budget request and the fiscal year 2005 level.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
The Office of Surface Mining Reclamation and Enforcement (OSM), through its regulation and technology account, regulates surface coal mining operations to ensure that the environment is protected during those operations and that the land is adequately reclaimed once mining is completed. The OSM accomplishes this mission by providing grants to those States that maintain their own regulatory and reclamation programs and by conducting oversight of State programs. Further, the OSM administers the regulatory programs in the States that do not have their own programs and on Federal and Tribal lands. Through its abandoned mine land (AML) reclamation fund account, the OSM provides environmental restoration at abandoned coal mines using tonnage-based fees collected from current coal production operations. In their unreclaimed condition these abandoned sites may endanger public health and safety or prevent the beneficial use of land and water resources.
REGULATION AND TECHNOLOGY
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $108,368,000
Budget estimate, 2006 110,535,000
Recommended, 2006 110,535,000
Comparison:
Appropriation, 2005 +2,167,000
Budget estimate, 2006 0
-----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $110,535,000, the budget request, for regulation and technology, including the use of $100,000 in civil penalty collections. This is $2,167,000 above the 2005 level. The increase is to offset partially increases in uncontrollable costs for States and the OSM and for other requested activities.
ABANDONED MINE RECLAMATION FUND
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $188,205,000
Budget estimate, 2006 246,014,000
Recommended, 2006 188,014,000
Comparison:
Appropriation, 2005 -191,000
Budget estimate, 2006 -58,000,000
-----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $188,014,000 for the abandoned mine reclamation fund, $58,000,000 below the budget request and $191,000 below the fiscal year 2005 level. The recommendation does not include the requested allocation of $58,000,000 to implement the Administration's legislative proposal which would return the State share balances to certified States. The recommendation includes other aspects of the Administration request under this heading. The Committee has retained language, as in past years, which limits funding for minimum program States to $1,500,000. The Committee recommendation does not include the special authority for Maryland grants.
The Committee has included language which transfers the balance in the fund for the rural abandoned mine program (RAMP), which has not been used for 10 years, to the Federal share fund, so the funds could be used in the future for emergencies and other Federal obligations.
The Committee sees merit in the Administration's previous legislative proposal to extend and modify the Surface Mining Control and Reclamation Act (SMCRA). The Committee notes that legislative action is still pending, so funds are not included at this time for its implementation. The Committee encourages the authorizing committees to act on this reasonable legislative proposal, which would increase the rate at which dangerous abandoned sites would be reclaimed; do so at a lower cost; and provide a fair and reasonable method of compensating Wyoming and other governments, which have completed abandoned coal mine reclamation. Absent legislative action, existing law will allow continued distribution of AML funds to States in a manner similar to that which occurred in fiscal year 2005.
BUREAU OF INDIAN AFFAIRS
The Bureau of Indian Affairs was created in 1824. Its mission is founded on a government-to-government relationship and trust responsibility that results from treaties with Native groups. The Bureau delivers services to over 1.5 million Native Americans through 12 regional offices and 83 agency offices. In addition, the Bureau provides education programs to Native Americans through the operation of 118 day schools, 52 boarding schools, and 14 dormitories. The Bureau administers more than 45 million acres of tribally owned land, 10 million acres of individually owned land, and over 309,000 acres of Federally owned land, which is held in trust status.
OPERATION OF INDIAN PROGRAMS
-------------------------------------------
-------------------------------------------
Appropriation enacted, 2005 $1,926,091,000
Budget estimate, 2006 1,924,230,000
Recommended, 2006 1,992,737,000
Comparison:
Appropriation, 2005 +66,646,000
Budget estimate, 2006 +68,507,000
-------------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $1,992,737,000 for the operation of Indian programs, $68,507,000 above the budget request and $66,646,000 above the fiscal year 2005 enacted level.
The Committee agrees with the Bureau that an alternative budget structure for the operation of Indian programs is badly needed. The current budget structure is confusing and complex and offers little opportunity to review funding levels and assess performance on a programmatic level. However, the Committee is concerned that there was inadequate consultation with Tribes when preparing this new budget structure. The Committee is also concerned that the process of making budgetary data available to Tribes is inadequate.
The Committee directs the Bureau to do the following:
1. Consult with Tribal leaders on an alternative budget structure that is: (1) aligned programmatically, (2) provides full transparency for Tribal priority allocations funding, (3) increases accountability for Bureau programs and program managers, and (4) clearly delineates funding levels of the central and regional offices. The Committee expects a progress report by October 31, 2005. The Committee directs the Bureau to submit a revised budget structure as a part of the fiscal year 2007 budget justification.
2. Develop an internet website, hosted by the Office of the Secretary, that: (1) allows Tribes to access Bureau of Indian Affairs and Office of Special Trustee budget information, (2) displays the distribution of funding that affects Indian country, and (3) contains information and links to all Federal grant programs that provide funding for Indian country.
3. Submit a report, by December 31, 2005, outlining the Bureau of Indian Affairs current process for consulting Tribes and Tribal leaders on administrative, funding, and operational changes to programs and projects.
The Bureau's regulations prescribe detailed procedures for placing land into trust, including consideration of the impact on local tax revenues and jurisdictional conflicts that may arise. The Committee directs the Government Accountability Office (GAO) to conduct a study of Bureau procedures and practices in implementing these regulations, including the role played by Tribes that contract with BIA to manage real estate service programs. The GAO should report to the House and Senate Committees on Appropriations no later than May 1, 2006. The Committee is aware that GAO studies can take time, and directs the GAO to undertake this study as soon as the Interior Appropriations bill passes the House floor.
Tribal Priority Allocations.--The Committee recommends $778,609,000 for Tribal priority allocations, $17,920,000 above the request and $8,526,000 above the fiscal year 2005 enacted level. Changes from the budget request include increases of $1,500,000 for Indian Child Welfare Act activities, $6,420,000 for welfare assistance, $8,838,000 for Johnson O'Malley assistance grants, and $1,162,000 for community fire protection.
The funding increase for Indian Child Welfare Act activities should be used for counseling and after-school care programs for at-risk children.
The Committee has restored the proposed reductions to the welfare assistance program, the Johnson O'Malley assistance grants, and the community fire protection program within the Tribal priority allocations. The Committee feels that the justification for the reductions--that there are other programs in the government that could provide these funds--is completely unfounded. The budget request provided no information to support claims that other funding sources are readily available to offset the reductions in this budget.
Other Recurring Programs.--The Committee recommends $636,337,000 for other recurring programs, $34,036,000 above the budget request and $23,418,000 above the fiscal year 2005 enacted level. Changes from the budget request include increases of $15,000,000 for Indian school equalization program (ISEP) formula funds, $3,360,000 to restore the early childhood development program, $5,000,000 for student transportation, $1,200,000 for irrigation operations and maintenance, $3,750,000 to partially restore the Washington timber-fish-wildlife program, $1,806,000 for the Chippewa/Ottawa Resource Authority (CORA), $3,000,000 for the inter-tribal bison council, $320,000 for the Upper Columbia United Tribes, and $600,000 for the circle of flight program.
The funding increase provided for the ISEP should be directed to basic educational programs, with one exception. The Committee directs the Bureau to provide $2,000,000 to the FOCUS program for assisting at-risk students, encouraging more parental participation in schools, and encouraging participation in after-school activities. The Committee directs the Bureau to report, by December 31, 2005, on the allocation and use of FOCUS funds.
The funding increase in the irrigation operations and maintenance program is to upgrade irrigation systems for the Navajo Agriculture Products Industry. This funding is in addition to the base funding increase of $750,000 proposed in the budget for the Navajo irrigation project.
Within the funding provided for the Washington timber-fish-wildlife program, $1,000,000 should be used for the mass marking of salmon.
Non Recurring Programs.--The Committee recommends $67,691,000 for nonrecurring programs, $2,366,000 above the budget request and $8,294,000 below the fiscal year 2005 enacted level. The increases above the budget request are $396,000 for Seminole-Florida Everglades restoration and $1,970,000 to restore reductions to the endangered species program.
Central Office Operations.--The Committee recommends $151,534,000 for central office operations, the same as the budget request and $11,513,000 above the fiscal year 2005 enacted level. The Committee agrees with the requested increase for trust services to address the probate backlog.
Regional Office Operations.--The Committee recommends $41,590,000 for regional office operations, the same as the budget request and $228,000 above the fiscal year 2005 enacted level.
Special Programs and Pooled Overhead.--The Committee recommends $317,516,000 for special programs and pooled overhead, $14,185,000 above the budget request and $31,255,000 above the fiscal year 2005 enacted level. Changes from the budget request include increases of $8,500,000 for law enforcement activities, $3,451,000 for the United Tribes Technical College, $1,726,000 for Crownpoint Institute and $508,000 for the National ironworkers training program.
The funding increases provided for law enforcement should be used for high priority law enforcement needs in Indian country including, but not limited to, community policing programs and drug enforcement. None of these funds should be retained by the central or regional offices for administrative activities. The Bureau should provide the Committee with a report detailing the use of these funds by December 31, 2005.
The Committee believes that the United Tribes Technical College and Crownpoint Institute are institutions of higher learning that provide an educational benefit to Indian country. The continued reduction of funding for these institutions in budget requests is of great concern. The Committee urges the Department and the Office of Management and Budget to give these colleges full consideration in future budget requests and to work with these institutions to resolve concerns over funding formulas.
CONSTRUCTION
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $319,129,000
Budget estimate, 2006 232,137,000
Recommended, 2006 284,137,000
Comparison:
Appropriation, 2005 -34,992,000
Budget estimate, 2006 +52,000,000
-----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $284,137,000 for construction, $52,000,000 above the budget request and $34,992,000 below the fiscal year 2005 enacted level.
Education.--The Committee recommends $225,875,000 for education construction, $52,000,000 above the budget request and $37,497,000 below the fiscal year 2005 enacted level. Changes from the budget request include increases of $32,000,000 for replacement school construction, $1,000,000 for employee housing, and $19,000,000 for facilities improvement and repair.
The Committee is concerned about the reduction to Indian school construction and repair. This Committee has made substantial progress in replacing Indian schools, but much remains to be done. The Committee does not agree that the Bureau needs to reduce funding for new schools to finish ongoing projects. The Committee has restored a portion of the funding and directs the Bureau to proceed with the construction of the next schools on the Bureau's priority list. The Committee has also included an increase to the school maintenance and repair program that should be used to address the most immediate health and safety maintenance needs in Bureau schools.
Public Safety and Justice.--The Committee recommends $11,777,000 for public safety and justice construction, the same as the budget request and $4,396,000 above the 2005 enacted level.
Resources Management.--The Committee recommends $38,272,000 for resources management construction, the same as the budget request and $2,017,000 below the 2005 enacted level.
General Administration and Construction Management.--The Committee recommends $8,213,000 for general administration and construction management, the same as the budget request and $126,000 above the 2005 enacted level.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO INDIANS
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $44,150,000
Budget estimate, 2006 24,754,000
Recommended, 2006 34,754,000
Comparison:
Appropriation, 2005 -9,396,000
Budget estimate, 2006 +10,000,000
----------------------------------------
The Committee recommends $34,754,000 for Indian land and water claim settlements and miscellaneous payments to Indians, $10,000,000 above the budget request and $9,396,000 below the 2005 enacted level. Funding includes $634,000 for the White Earth land settlement, $254,000 for the Hoopa-Yurok, $144,000 for Pyramid Lake, $8,111,000 for Colorado Ute, $10,167,000 for Cherokee, Choctaw and Chickasaw settlement, $10,000,000 for the Quinault settlement, and $5,444,000 for the Zuni Water settlement.
Bill Language.--Language is included under Indian Land and Water Claims Settlements providing $10,000,000 for payment to the Quinault Indian Nation for the north boundary settlement agreement.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $6,332,000
Budget estimate, 2006 6,348,000
Recommended, 2006 6,348,000
Comparison:
Appropriation, 2005 +16,000
Budget estimate, 2006 0
---------------------------------------
The Committee recommends $6,348,000 for the Indian guaranteed loan program account, the same as the budget request and $16,000 above the fiscal year 2005 enacted level.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS
The Office of Insular Affairs (OIA) was established on August 4, 1995, through Secretarial Order No. 3191, which also abolished the former Office of Territorial and International Affairs. The OIA has important responsibilities to help the United States government fulfill its responsibilities to the four U.S. territories of Guam, American Samoa (AS), U.S. Virgin Islands and the Commonwealth of the Northern Marianas Islands (CNMI) and also the three freely associated States: the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI) and the Republic of Palau. The permanent and trust fund payments to the territories and the compact nations provide substantial financial resources to these governments. During fiscal year 2004 new financial arrangements for the Compacts of Free Association with the FSM and the RMI were implemented; this also included mandatory payments for certain activities previously provided in discretionary appropriations as well as Compact impact payments of $30,000,000 per year split among Guam, CNMI, AS, and Hawaii.
ASSISTANCE TO TERRITORIES
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $75,581,000
Budget estimate, 2006 74,263,000
Recommended, 2006 76,563,000
Comparison:
Appropriation, 2005 +982,000
Budget estimate, 2006 +2,300,000
----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $76,563,000 for assistance to territories, $982,000 above the fiscal year 2005 level and $2,300,000 above the budget request.
Territorial Assistance.--The Committee recommends $25,733,000 for territorial assistance, $651,000 above the fiscal year 2005 level and $2,300,000 above the budget request. Increases to the budget request include $500,000 for additional oversight of the implementation of the Compacts of Free Association, $800,000 for payments to replace the Prior Service Trust Fund, and $1,000,000 to continue health care programs in the RMI. The Committee directs that technical assistance grant support to the Pacific Basin Development Commission be maintained at no less than the fiscal year 2005 level.
The Committee recommends an additional $500,000 to the Office of Insular Affairs subactivity to support oversight of the implementation of the Compacts of Free Association, including at least one additional position and increased oversight travel funds for the Honolulu Field Office and additional support at headquarters. The Committee notes that the field office is charged with managing over $114,000,000 in Compact sector grant funds, and was given an additional responsibility of managing the $18,000,000 Supplemental Education Grant program which replaced Federal programs. Although the Office of Insular Affairs is working diligently with five Honolulu-based and two in-country grant managers, the Committee has determined that additional funding for oversight and management is essential. This is especially true for the education sector, which currently has one manager to oversee $57,000,000 in grants to both the FSM and RMI. The Committee expects the Department to continue reviewing funding and staffing levels for Compact oversight so the Department can assure the Congress and the American public that all compact grants funds are used appropriately for high priority needs.
The Committee reiterates its support for the agreement among the pension systems of the Republic of Palau, the CNMI, the RMI, and the FSM to assume responsibilities for the enrollees of the Prior Service Benefits Trust Fund. The Committee recommendation includes $800,000 for distribution among the pension systems for payments to the enrollees, provided the agreement is fully implemented by each jurisdiction. The Committee directs the Department to continue to work with the Board of Directors of the Prior Service Benefits Trust Fund and the directors of each pension system to ensure that the agreements are implemented and that prior service benefits can be paid to the enrollees. The Committee also directs that this funding be reprogrammed for general technical assistance uses if there is a failure to fully implement the new agreement.
The Committee has also included $1,000,000 for continuation of health care programs in the RMI. The funds shall be used first to provide primary health care to members of the Enewetak, Bikini, Rongelap, and Utrik communities residing on Enewetak Atoll, Kili Island, Mejetto Island, Rongelap Atoll following resettlement, and Utrik Atoll. Such primary medical care shall consist of a clinic with at least one doctor and an assistant, necessary supplies, and logistical support.
The Committee notes that the OIA spent $655,000 on two business development conferences in Los Angeles. This required about 4,000 OIA FTE hours and extensive contractor involvement; 13 staff from DC and OIA field offices in American Samoa and the Commonwealth of the Northern Mariana Islands traveled to Los Angeles for the conference. The Committee directs the OIA to provide the House and Senate Appropriations Committees project cost plans before and after similar future conferences, as well as for the future `Business Opportunities Missions'. It is imperative that these economic development efforts be reasonable and cost effective given the great need for technical assistance in the territories.
American Samoa.--The Committee recommends $23,110,000 for American Samoa operations as requested, an increase of $331,000 above the fiscal year 2005 level.
The Committee has reviewed recent work by the GAO concerning accountability for key Federal grants to American Samoa. Through Presidential delegation, the Secretary of the Interior exercises ultimate control and responsibility for, and has authority to take a proactive role in, the administration of the Territory of American Samoa. The Committee urges the Secretary to use this authority to coordinate with all Federal agencies that award funds to American Samoa and to encourage the other agencies to consider designating American Samoa a high-risk grantee under the Grants Management Common Rule. A coordinated approach to designation could include a common, basic set of special conditions to be applied by all Federal grant awarding agencies to grants to American Samoa. The designation could also include a basic set of corrective actions that American Samoa must take, including earning clean single audit opinions for two consecutive years before the special conditions are removed.
The Committee also notes that the Lyndon B. Johnson Tropical Medical Center's poor physical infrastructure weakens its ability to deliver a minimum standard of care to the population of American Samoa. The Committee urges the Secretary to coordinate with other Federal agencies to resolve infrastructure and safety deficiencies at this Center to ensure continued Federal funding for the island's only medical service provider. The Committee directs the Secretary to designate an additional $2,000,000 to the Center's base budget from the total operations grants made available to the American Samoa Government, to be used to help alleviate the shortages of medicines and medical supplies at the Center. The Committee also urges the Secretary to clearly assign staff responsibility for coordinating Federal activities in American Samoa.
Northern Mariana Islands/Covenant Grants.--The Committee recommends $27,720,000 for CNMI covenant grants, the same as the budget request and the fiscal year 2005 level. The Committee directs the Office of Insular Affairs to implement the allocations presented in the budget request, however the Secretary may use discretion to modify the Covenant funding formula to address court-ordered infrastructure projects in the respective territories.
COMPACT OF FREE ASSOCIATION
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $5,450,000
Budget estimate, 2006 4,862,000
Recommended, 2006 5,362,000
Comparison:
Appropriation, 2005 -88,000
Budget estimate, 2006 +500,000
---------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $5,362,000 for the compact of free association, $500,000 above the budget request and $88,000 below the fiscal year 2005 level. The Committee recommendation continues Enewetak support.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $95,821,000
Budget estimate, 2006 120,155,000
Recommended, 2006 118,755,000
Comparison:
Appropriation, 2005 +22,934,000
Budget estimate, 2006 -1,400,000
----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $118,755,000 for salaries and expenses for departmental management, a decrease of $1,400,000 below the budget request and $22,934,000 above the 2005 enacted level. Changes from the budget request include decreases of $500,000 for Take Pride in America, $700,000 for law enforcement and security, and $200,000 for partnership training. Departmental programs that are denied requested increases in this appropriation should not be augmented with staffing and funds from individual bureaus or any other source to achieve the requested level of activity.
Land Appraisal Consolidation.--The Committee has gone along with the consolidation of bureau-level appraisal offices into a central, Department-level office. However, the Committee was led to believe that this consolidation would result in significant cost savings. The Committee approves the budget request increase of $7,441,000 for appraisal services, but expects future budget requests to contain increases for fixed costs only.
Partnership Training.--The Committee has denied funding for partnership training.
Bill Language.--Language is included in General Provisions, Department of the Interior, which limits the number of FTEs to 34 and detailees to 8 in the Office of Law Enforcement and Security. Since the tragedy of September 11, 2001, the Committee has responded to the need for stronger emergency response and coordination among the Interior Department's bureaus. Significant funds have been provided to the individual bureaus to supplement their security needs. The Committee believes that the level specified in the bill language is sufficient, given tight fiscal constraints, to deal with security needs.
PAYMENTS IN LIEU OF TAXES
Payments in Lieu of Taxes (PILT) provides for payments to local units of government containing certain federally owned lands. These payments are designed to supplement other Federal land receipt sharing payments that governments may be receiving. The recipients may use payments received for any governmental purpose.
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $226,805,000
Budget estimate, 2006 200,000,000
Recommended, 2006 230,000,000
Comparison:
Appropriation, 2005 +3,195,000
Budget estimate, 2006 +30,000,000
-----------------------------------------
The Committee recommends $230,000,000 for PILT, $30,000,000 above the budget request and $3,195,000 above the fiscal year 2005 level.
CENTRAL HAZARDOUS MATERIALS FUND
The Central Hazardous Materials Fund was established to include funding for remedial investigations/feasibility studies and cleanup of hazardous waste sites for which the Department of the Interior is liable pursuant to the Comprehensive Environmental Response, Compensation and Liability Act. The fund includes sums recovered from or paid by a party as reimbursement for remedial action or response activities.
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $9,855,000
Budget estimate, 2006 9,855,000
Recommended, 2006 9,855,000
Comparison:
Appropriation, 2005 0
Budget estimate, 2006 0
---------------------------------------
The Committee recommends $9,855,000, the same as the budget request and the fiscal year 2005 enacted level, for the central hazardous materials fund. This account was previously located in the Bureau of Land Management.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $51,656,000
Budget estimate, 2006 55,752,000
Recommended, 2006 55,340,000
Comparison:
Appropriation, 2005 +3,684,000
Budget estimate, 2006 -412,000
----------------------------------------
The Committee recommends $55,340,000 for salaries and expenses of the Office of the Solicitor, a decrease of $412,000 below the budget request and an increase of $3,684,000 above the fiscal year 2005 enacted level. Changes from the budget request include decreases of $207,000 for support for legal staff, $200,000 for two additional FOIA appeals support positions, and $5,000 for training, audit, and evaluation. Departmental programs that are denied requested increases in this appropriation should not be augmented with staffing and funds from individual bureaus or any other source to achieve the requested level of activity.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $37,275,000
Budget estimate, 2006 40,999,000
Recommended, 2006 39,566,000
Comparison:
Appropriation, 2005 +2,291,000
Budget estimate, 2006 -1,433,000
----------------------------------------
The Committee recommends $39,566,000 for salaries and expenses of the Office of Inspector General, a decrease of $1,433,000 below the budget request and an increase of $2,291,000 above the fiscal year 2005 enacted level. Changes from the budget request include decreases of $470,000 for two FTEs and PCS moves for the Office of Evaluations and Quick Response, $750,000 for five FTEs for investigations, $100,000 for IT standardization, accreditation, and equipment, $59,000 for security clearances, and $54,000 for mentor program training. Departmental programs that are denied requested increases in this appropriation should not be augmented with staffing and funds from individual bureaus or any other source to achieve the requested level of activity.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS
The Office of Special Trustee for American Indians (OST) was established by the American Indian Trust Fund Management Reform Act of 1994 (Public Law 103-412). The Special Trustee is charged with general oversight of Indian trust asset reform efforts Department-wide to ensure proper and efficient discharge of the Secretary's trust responsibilities to Indian Tribes and individual Indians. The Office of the Special Trustee was created to ensure that the Department of the Interior establishes appropriate policies and procedures, develops necessary systems, and takes affirmative actions to reform the management of Indian trust funds. In carrying out the management and oversight of the Indian trust funds, the Secretary has a responsibility to ensure that trust accounts are properly maintained, invested and reported in accordance with the American Indian Trust Fund Management Reform Act of 1994, Congressional action, and other applicable laws.
The Special Trustee for American Indians also has responsibility for the related financial trust functions including deposit, investment, and disbursement of trust funds. The Department has responsibility for what may be the largest land trust in the world. Indian trust lands today encompass approximately 56 million acres of land--over 10 million acres belonging to individual Indians and nearly 45 million acres owned by Indian Tribes. On these lands, Interior manages over 100,000 leases for individual Indians and Tribes. Leasing, use permits, sale revenues, and interest of approximately $192 million per year are collected for approximately 245,000 individual Indian money accounts, and about $414 million per year is collected for about 1,400 Tribal accounts per year. In addition, the trust manages approximately $3 billion in Tribal funds and $400 million in individual Indian funds.
FEDERAL TRUST PROGRAMS
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Appropriation enacted, 2005 $193,540,000
Budget estimate, 2006 269,397,000
Recommended, 2006 191,593,000
Comparison:
Appropriation, 2005 -1,947,000
Budget estimate, 2006 -77,804,000
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The Committee recommends $193,593,000 for the Office of Special Trustee for American Indians, $77,804,000 below the budget request and $1,947,000 below the fiscal year 2005 enacted level.
Program operations, support, and improvements.--The Committee recommends $189,361,000 for program operations, support and improvements, $77,804,000 below the budget request and $1,963,000 below the fiscal year 2005 enacted level. The reduction is for historical accounting.
The Committee has included the requested funds in the Bureau of Indian Affairs and Office of Special Trustee for trust management reform and improving trust systems, and has continued historical accounting activities at the fiscal year 2005 level. The Committee does not agree to the large increase requested in historical accounting and has shifted this funding to help offset the reductions proposed in the Administration's request to Indian education and health care.
Executive Direction.--The Committee recommends $2,232,000 for executive direction, the same as the budget request, and $16,000 above the 2005 enacted level.
Since 1996, the committee has appropriated hundreds of millions of dollars for activities related to the Cobell v. Norton litigation. The Committee feels very strongly that these funds could have been better used to fund greatly needed health and education programs in Indian country. The Committee believes that this case must be resolved without negatively impacting future funding levels for Indian programs in this bill. The Committee recognizes that, in addition to mediation talks that have taken place in the last year, the House and Senate authorizing committees have made commitments to develop a comprehensive legislative solution to this ongoing problem.
The Committee rejects the notion that, in passing the American Indian Trust Management Reform Act of 1994, Congress had any intent of ordering an historical accounting on the scale of that which continues to be ordered by the Court. Such an undertaking would certainly be a poor use of Federal and trust resources.
Bill Language.--As in fiscal year 2005 and in previous years, the Committee has included bill language under the Office of Special Trustee that limits the amount of funding available for historical accounting to $58,000,000. The clear intent of the Committee is to definitively limit the amount of funding available to conduct historical accounting activities.
INDIAN LAND CONSOLIDATION
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Appropriation enacted, 2005 $34,514,000
Budget estimate, 2006 34,514,000
Recommended, 2006 34,514,000
Comparison:
Appropriation, 2005 0
Budget estimate, 2006 0
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The Committee recommends $34,514,000 for Indian land consolidation, the budget request and the fiscal year 2005 enacted level.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The purpose of the Natural Resource Damage Assessment Fund is to provide the basis for claims against responsible parties for the restoration of injured natural resources. Assessments ultimately will lead to the restoration of injured resources and reimbursement for reasonable assessment costs from responsible parties through negotiated settlements or other legal actions.
Operating on a `polluter pays' principle, the program anticipates recovering over $32 million in receipts in fiscal year 2005, with the vast majority to be used for the restoration of injured resources. The program works to restore sites ranging in size from small town landfills to the Exxon Valdez oil spill of 1989 in Alaska.
Prior to fiscal year 1999, this account was included under the United States Fish and Wildlife Service appropriation. The account was moved to the Departmental Offices appropriation because its functions relate to several different bureaus within the Department of the Interior.
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Appropriation enacted, 2005 $5,737,000
Budget estimate, 2006 6,106,000
Recommended, 2006 6,106,000
Comparison:
Appropriation, 2005 +369,000
Budget estimate, 2006 0
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The Committee recommends $6,106,000, the budget request, for the natural resource damage assessment fund, an increase of $369,000 above the fiscal year 2005 level.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sections 101 and 102 provide for emergency transfer authority with the approval of the Secretary.
Section 103 provides for the use of appropriations for certain services.
Sections 104 through 106 prohibit the expenditure of funds for Outer Continental Shelf (OCS) leasing activities in certain areas. These OCS provisions are addressed under the Minerals Management Service.
Section 107 prohibits the National Park Service from reducing recreation fees for non-local travel through any park unit.
Section 108 permits the transfer of funds between the Bureau of Indian Affairs and the Office of Special Trustee for American Indians.
Section 109 continues a provision allowing the hiring of administrative law judges to address the Indian probate backlog.
Section 110 continues a provision permitting the redistribution of tribal priority allocation and tribal base funds to alleviate funding inequities.
Section 111 continues a provision requiring the allocation of Bureau of Indian Affairs postsecondary schools funds consistent with unmet needs.
Section 112 continues a provision permitting the conveyance of the Twin Cities Research Center of the former Bureau of Mines for the benefit of the National Wildlife Refuge System.
Section 113 continues a provision authorizing the Secretary of the Interior to use helicopter or motor vehicles to capture and transport horses and burros at the Sheldon and Hart National Wildlife Refuges.
Section 114 authorizes federal funds for Shenandoah Valley Battlefield NHD and Ice Age NST to be transferred to a State, local government, or other governmental land management entity for acquisition of lands.
Section 115 continues a provision prohibiting the closure of the underground lunchroom at Carlsbad Caverns NP, NM.
Section 116 continues a provision preventing the demolition of a bridge between New Jersey and Ellis Island.
Section 117 continues a provision limiting compensation for the Special Master and Court Monitor appointed by the Court in Cobell v. Norton to 200 percent of the highest Senior Executive Service rate of pay.
Section 118 continues a provision allowing the Secretary to pay private attorney fees for employees and former employees in connection with Cobell v. Norton.
Section 119 continues a provision dealing with the U.S. Fish and Wildlife Service's responsibilities for mass marking of salmonid stocks.
Section 120 requires the use of Departmental Management funds for operational needs at the Midway Atoll National Wildlife Refuge airport.
Section 121 prohibits the conduct of gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on lands described in section 123 of the Department of the Interior and Related Agencies Appropriations Act, 2001, or land that is contiguous to that land.
Section 122 continues a provision prohibiting the use of funds to study or implement a plan to drain or reduce water levels in Lake Powell.
Section 123 allows the National Indian Gaming Commission to collect $12,000,000 in fees for fiscal year 2006.
Section 124 makes funds appropriated for fiscal year 2006 available to the tribes within the California Tribal Trust Reform Consortium and others on the same basis as funds were distributed in fiscal year 2005, and separates this demonstration project from the Department of the Interior's trust reform reorganization.
Section 125 provides for the renewal of certain grazing permits in the Jarbidge Field office of the Bureau of Land Management.
Section 126 authorizes the acquisition of lands and leases for Ellis Island.
Section 127 permits the Secretary of the Interior to issue grazing permits within the Mojave National Preserve.
Section 128 implements rules concerning winter snowmobile use on Yellowstone National Park.
Section 129 limits the use of funds for staffing for the Department of Interior's Office of Law Enforcement and Security.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The Environmental Protection Agency was created by Reorganization Plan No. 3 of 1970, which consolidated nine programs from five different agencies and departments. Major EPA programs include air and water quality, drinking water, hazardous waste, research, pesticides, radiation, toxic substances, enforcement and compliance assurance, pollution prevention, oil spills, Superfund, Brownfields, and the Leaking Underground Storage Tank program. In addition, EPA provides Federal assistance for wastewater treatment, sewer overflow control, drinking water facilities, and other water infrastructure projects. The agency is responsible for conducting research and development, establishing environmental standards through the use of risk assessment and cost-benefit analysis, monitoring pollution conditions, seeking compliance through a variety of means, managing audits and investigations, and providing technical assistance and grant support to States and tribes, which are delegated authority for actual program implementation. Under existing statutory authority, the Agency may contribute to specific homeland security efforts and may participate in some international environmental activities.
Among the statutes for which the Environmental Protection Agency has sole or significant oversight responsibilities are:
National Environmental Policy Act of 1969, as amended.
Federal Insecticide, Fungicide, and Rodenticide Act, as amended.
Toxic Substances Control Act, as amended.
Federal Water Pollution Control Act, as amended.
Federal Food, Drug and Cosmetic Act, as amended.
Marine Protection, Research, and Sanctuaries Act of 1972, as amended.
Oil Pollution Act of 1990.
Public Health Service Act (Title XIV), as amended.
Solid Waste Disposal Act, as amended.
Clean Air Act, as amended.
Safe Drinking Water Act, as amended.
Great Lakes Legacy Act of 2002.
Bioterrorism Act of 2002.
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended.
Small Business Liability Relief and Brownfields Revitalization Act of 2002 (amending CERCLA).
Emergency Planning and Community Right-to-Know Act of 1986.
Pollution Prevention Act of 1990.
Resource Conservation and Recovery Act, as amended.
Pollution Prosecution Act of 1990.
Pesticide Registration Improvement Act of 2003.
For fiscal year 2006, the Committee recommends $7,708,027,000 for the Environmental Protection Agency, a decrease of $318,458,000 below the fiscal year 2005 level and $187,427,000 above the budget request. Changes to the budget request are detailed in each of the appropriation accounts.
The Committee agrees to the following:
1. In 2001, the EPA requested that the National Academy of Sciences review the situation regarding the use of human studies. In its 2005 report, the Committee urged EPA to consider the Academy's recommendations on the use of human volunteer studies in its regulatory programs. EPA is currently following the Academy's recommendations on the use of human volunteer studies and, on February 8, 2005, issued a Federal Register notice clarifying its policy. The notice outlines EPA's plans for rulemaking. The Committee commends EPA for its clarification of policy with respect to human studies and will continue to monitor the Agency's efforts in this area.
2. The Committee continues to be concerned that unclear regulations, conflicting court decisions, and inadequate scientific information are creating confusion about the extent to which reporting requirements in the Comprehensive Environmental Response, Compensation, and Liability Act and the Emergency Planning and Community Right-to-Know Act cover emissions from poultry, dairy, or livestock operations. Producers want to meet their environmental obligations but need clarification from the Environmental Protection Agency on whether these laws apply to their operations. The Committee believes that an expeditious resolution of this matter is warranted.
3. The Committee expects the EPA to prepare its fiscal year 2007 budget justification in the order specified in the table accompanying this report and to delineate clearly the differences between the fiscal year 2006 enacted level and the fiscal year 2007 request for each activity. The Committee recommends discontinuing the annual operating plan beginning in fiscal year 2006. The Committee has approved the fiscal year 2005 operating plan.
4. The Committee generally has provided funding for fixed cost increases, as requested, including pay costs, rent, utilities, and security. The Committee has also agreed to many of the proposed realignments of programs. EPA should only make further adjustments, consistent with the requirements of the reprogramming guidelines contained in the front of this report. Also, in accordance with the reprogramming guidelines, the Committee should be notified regarding reorganizations of offices, programs, or activities prior to the planned implementation of such reorganizations.
5. The EPA should review the distribution of funds among regions and make adjustments, as needed, to ensure that funding is strategically aligned to meet the highest priority needs.
6. EPA should establish and enforce, through the Office of Environmental Information, an information technology management policy with an emphasis on standardization across all of EPA.
SCIENCE AND TECHNOLOGY
The Science and Technology account funds all Environmental Protection Agency research (including, by transfer of funds, Hazardous Substances Superfund research activities) carried out through grants, contracts, and cooperative agreements with other Federal agencies, States, universities, and private business, as well as in-house research. This account also funds personnel compensation and benefits, travel, supplies and operating expenses for all Agency research. Research addresses a wide range of environmental and health concerns across all environmental media and encompasses both long-term basic and near-term applied research to provide the scientific knowledge and technologies necessary for preventing, regulating, and abating pollution, and to anticipate emerging environmental issues.
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Appropriation enacted, 2005 $744,061,000
Budget estimate, 2006 760,640,000
Recommended, 2006 765,340,000
Comparison:
Appropriation, 2005 +21,279,000
Budget estimate, 2006 +4,700,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $765,340,000 for science and technology, an increase of $21,279,000 above the fiscal year 2005 level and $4,700,000 above the budget request. In addition, the Committee recommends that $30,606,000, as requested, be transferred to this account from the Hazardous Substance Superfund account for ongoing research activities consistent with the intent of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. Changes to the budget request are detailed below.
Air Toxics and Quality- The Committee recommends a decrease of $7,000,000 for Federal support for the air toxics program.
Climate Protection Program- The Committee recommends an increase of $2,300,000 for the climate protection program. Direction on the use of these funds is provided below.
Homeland Security- The Committee recommends a decrease of $35,000,000 for Water Sentinel and related training, and a decrease of $8,000,000 in preparedness, response, and recovery for the decontamination program. While the amount provided is less than the budget request, there is an increase above the fiscal year 2005 level for these programs.
Research: Congressional Priorities- The Committee recommends an increase of $40,000,000 for programs of national and regional significance that have been funded through this program/project in at least 3 of the last 4 years. Direction on the use of these funds is provided below.
Human Health and Ecosystems- The Committee recommends a net increase of $12,400,000 for human health and ecosystems including a decrease of $1,200,000 for computational toxicology and increases of $1,900,000 for endocrine disruptor research, $3,700,000 for fellowships through the Science to Achieve Results program, and $8,000,000 for other human health and ecosystems research of which $4,000,000 is for exploratory grants, $2,900,000 is for ecosystem protection research, $600,000 is for aggregate risk research, and $500,000 is for condition assessments of estuaries in the Gulf of Mexico.
The Committee agrees to the following:
1. EPA is encouraged to increase its use of private sector capability in the clean automotive technology program. The increase provided for the climate protection program is to ensure that not less than $10,000,000 is used for competitively awarded contract research and engineering services and activities. The private sector has significant research capability that is used by EPA through this program, to develop clean, cost effective, highly fuel-efficient engines and powertrain technologies.
2. The EPA should develop clear goals and milestones for the Water Sentinel program, including the use of real-time monitoring; seek the advice of the Science Advisory Board; and justify more clearly the funding request for the program, in the context of the overall plan, in the fiscal year 2007 budget request.
3. The Committee does not agree with the transfer of research funds to the Office of Air and Radiation, the Office of Water, the Solid Waste and Emergency Response program, and the Prevention, Pesticides, and Toxic Substances program. The Office of Research and Development should coordinate closely with these offices on their research needs. There should be an emphasis on using the Science to Achieve Results grants program whenever practicable.
4. The Committee has included $40,000,000 for Programs of National and Regional Significance with the expectation that the EPA will conduct a competitive solicitation among programs that have been added by the Congress to the Science and Technology account in at least 3 of the last 4 years. The Committee notes that many of these Congressional priorities provide invaluable assistance to the EPA and are performed at a cost substantially less than if EPA were to institute such programs in-house. A competitive solicitation should ensure that the highest priority national and regional programs continue to be funded.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
The Environmental Programs and Management account encompasses a broad range of abatement, prevention, and compliance activities, and personnel compensation, benefits, travel, and expenses for all programs of the Agency except Science and Technology, Hazardous Substance Superfund, Leaking Underground Storage Tank Trust Fund, Oil Spill Response, and the Office of Inspector General.
Abatement, prevention, and compliance activities include setting environmental standards, issuing permits, monitoring emissions and ambient conditions, and providing technical and legal assistance toward enforcement, compliance, and oversight. In most cases, the States are directly responsible for actual operation of the various environmental programs and the Agency's activities include oversight and assistance.
In addition to program costs, this account funds administrative costs associated with the operating programs of the Agency, including support for executive direction, policy oversight, resources management, general office and building services for program operations, and direct implementation of Agency environmental programs for Headquarters, the ten EPA Regional offices, and all non-research field operations.
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Appropriation enacted, 2005 $2,294,902,000
Budget estimate, 2006 2,353,764,000
Recommended, 2006 2,389,491,000
Comparison:
Appropriation, 2005 +94,589,000
Budget estimate, 2006 +35,727,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $2,389,491,000 for environmental programs and management, an increase of $94,589,000 above the fiscal year 2005 level and $35,727,000 above the budget request. Changes to the budget request are detailed below.
Brownfields- The Committee recommends a decrease of $5,000,000 for Brownfields support.
Air Toxics and Quality- The Committee recommends a net decrease of $6,800,000 for air toxics and quality, including a decrease of $5,000,000 in Federal support for air quality management for the clean diesel initiative, an increase of $1,200,000 for stratospheric ozone/domestic programs, and a decrease of $3,000,000 for stratospheric ozone/multilateral fund.
Climate Protection- The Committee recommends a decrease of $4,000,000 for climate protection, including decreases of $500,000 for Energy Star and $3,500,000 for the methane to markets initiative.
Compliance- The Committee recommends a decrease of $2,900,000 for compliance monitoring, including decreases of $1,800,000 to reduce the rescission-related restoration proposed in the budget and $1,100,000 for regional program support.
Enforcement- The Committee recommends a decrease of $4,000,000 for enforcement, including decreases of $3,000,000 for civil enforcement and $1,000,000 for criminal enforcement.
Environmental Protection: Congressional Priorities- The Committee recommends an increase of $40,000,000 for programs of national and regional significance that have been funded through this program/project in at least 3 of the last 4 years. Direction on the use of these funds is provided below. The Committee notes that the National Rural Water Association program has been moved to the Water: Health Protection/Drinking Water Programs portion of the environmental programs and management account.
Geographic Programs- The Committee recommends a net decrease of $2,532,000 for geographic programs, including increases of $1,045,000 for Lake Champlain, $1,523,000 for Long Island Sound, and $2,000,000 for Puget Sound, and decreases of $6,000,000 for community action for a renewed environment and $1,100,000 for regional geographic initiatives.
Information Exchange/Outreach- The Committee recommends a net increase of $5,000,000 for information exchange/outreach, including an increase of $9,000,000 for environmental education and a decrease of $4,000,000 for the exchange network.
Information Technology/Data Management- The Committee recommends a decrease of $10,000,000 for information technology/data management. A large amount of funding for these activities was transferred to the compliance program in the budget request. After accounting for that transfer, the Committee's recommendation provides an increase above the fiscal year 2005 level for data system improvements.
Operations and Administration- The Committee recommends a decrease of $5,000,000 for facilities infrastructure and operations.
Pesticide Licensing- The Committee recommends a decrease of $3,041,000 for pesticides: review/reregistration of existing pesticides, which leaves an increase of $3,635,000 above the enacted level.
Resource Conservation and Recovery Act- The Committee recommends a general reduction of $5,000,000 for RCRA activities. The Committee notes that, after this reduction, the Agency will retain an increase of nearly $3,000,000 above the fiscal year 2005 level. The increase above the enacted level should be used for the highest priority activities.
Toxics Risk Review and Prevention- The Committee recommends a net decrease of $1,000,000 for toxics risk review and prevention, including an increase of $1,000,000 for chemical risk review and a decrease of $2,000,000 for the pollution prevention program.
Water: Ecosystems- The Committee recommends a net decrease of $17,000,000 for water/ecosystems, including a decrease of $22,000,000 for Great Lakes Legacy Act programs (which leaves an increase of 25 percent above the fiscal year 2005 level) and an increase of $5,000,000 for the National Estuary Program. Direction on both of these programs is provided below.
Water: Human Health Protection- The Committee recommends a net increase of $7,000,000 for water/human health protection, including a decrease of $3,000,000 for drinking water programs and an increase of $10,000,000 for the National Rural Water Association.
Receipts from Toxics and Pesticides Fees.--The Administration proposed a $50,000,000 reduction to the environmental programs and management account under the assumption that legislation would be enacted to increase fees on pesticide registrations and that $50,000,000 would be made available, as a result, to offset appropriations. The Committee notes that no legislative proposal has been received from the Administration and it is unlikely that these receipts will be available for fiscal year 2006 as explained below. Therefore, the Committee recommends an increase of $50,000,000 to ensure that critical programs in this area continue. The Committee believes that the budget should not assume the use of receipts that are dependent on the enactment of subsequent legislation unless such legislation is under active consideration by the Congress.
The Committee agrees to the following:
1. The pesticide Safety Education Program should be funded at $1,200,000 in fiscal year 2006.
2. EPA has adopted regulations to reduce emissions from on-road heavy-duty diesel vehicles beginning in 2007 and from off-road heavy-duty diesel vehicles beginning in 2010. These regulations will apply to new vehicles and not to the millions of existing vehicles, which will probably not be fully replaced until 2030. Through the clean diesel initiative, EPA is working to retrofit existing vehicles with new emission reduction technologies. These include the accelerated use of new fuels, after-treatment of diesel exhaust with retrofit technology, and replacing and rebuilding older engines with new cleaner engine technology. The Committee has provided $10,000,000 in support of these efforts.
3. A total of $24,446,000 is included for the National Estuary Program, which includes $500,000 for each of the 28 NEP estuaries and $10,446,000 for other activities in support of the program.
4. The Committee has included $40,000,000 for Programs of National and Regional Significance with the expectation that the EPA will conduct a competitive solicitation among special programs that have been added by the Congress to the Environmental Programs and Management account in at least 3 of the last 4 years. The Committee notes that many of these Congressional priorities provide invaluable assistance to the EPA and are performed at a cost substantially less than if EPA were to institute such programs in house. A competitive solicitation should ensure that the highest priority national and regional programs continue to be funded.
5. The EPA needs to develop a clear plan for the Great Lakes Legacy Act implementation and explain in future budget requests how the requested funding for that program supports the plan.
6. When Congress enacted the Pesticide Registration Improvement Act (PRIA) of 2003 to allow EPA to collect new pesticide registration fees, it specifically prohibited the collection of any new tolerance fees by the EPA. However, the Administration assumed the use of receipts from registration fees as part of its fiscal year 2005 and 2006 budget requests. EPA should not spend time proposing fees and promulgating rules in conflict with PRIA and should use its limited resources on other, more productive pesticide work.
7. The Committee expects EPA to encourage local governments and communities to pursue innovative public-private partnerships, such as the Adopt-A-Waterway program, which, at no additional cost to the taxpayers, help to implement storm water pollution prevention activities, curb urban runoff, and improve water quality. Further, the Committee encourages EPA to work with the States to enter into public-private partnerships, such as Adopt-A-Waterway, to fulfill their public education and outreach responsibilities.
8. The Committee is aware that the Pawnee Nation of Oklahoma has applied for treatment as a State status under the Federal Water Pollution Control Act (commonly known as the `Clean Water Act') and that the issue is currently under litigation. The Committee will watch with interest the resolution of this issue.
9. The Committee is aware of TCE contamination affecting a large number of homes in Endicott and Ithaca, NY, which is due to vapor intrusion of TCE contaminants into the basements of homes. The Committee is further aware that EPA is in the process of finalizing its TCE risk assessment and that his is a prcess that is likely to continue over the next two years or more. EPA has indicated that it is currently evaluating a number of interim approaches for screening levels for TCE while awaiting the final assessment. The Committee strongly urges EPA to work with the State of New York to adopt protective interim approaches, as soon as practicable, including consideration of provisional screening levels based upon the 2001 Human Health Risk Assessment. Finally, the Committee expects EPA to keep it informed periodically on progress on the development and implementation of interim procedures and actions at these sites and on completion of the new EPA risk assessment.
OFFICE OF INSPECTOR GENERAL
The Office of Inspector General (OIG) provides audit, evaluation, and investigation products and advisory services to improve the performance and integrity of EPA programs and operations. This account funds personnel compensation and benefits, travel, and expenses (excluding rent, utilities, and security costs) for the Office of Inspector General. In addition to the funds provided under this heading, the OIG receives funds by transfer from the Hazardous Substance Superfund account. The IG also holds the position of Inspector General for the U.S. Chemical Safety and Hazard Investigation Board.
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Appropriation enacted, 2005 $37,696,000
Budget estimate, 2006 36,955,000
Recommended, 2006 37,955,000
Comparison:
Appropriation, 2005 +259,000
Budget estimate, 2006 +1,000,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $37,955,000 for the Office of Inspector General, an increase of $259,000 above the fiscal year 2005 level and $1,000,000 above the budget request. In addition, the Committee recommends that $13,536,000, as requested, be transferred to this account from the Hazardous Substance Superfund account. The Committee expects that $1,000,000 will be used to carry out the duties of Inspector General for the Chemical Safety and Hazard Investigation Board.
BUILDINGS AND FACILITIES
The Buildings and Facilities account provides for the design and construction of EPA-owned facilities as well as for the repair, extension, alteration, and improvement of facilities used by the Agency. The funds are used to correct unsafe conditions, protect health and safety of employees and Agency visitors, and prevent deterioration of structures and equipment.
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Appropriation enacted, 2005 $41,688,000
Budget estimate, 2006 40,218,000
Recommended, 2006 40,218,000
Comparison:
Appropriation, 2005 -1,470,000
Budget estimate, 2006 0
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $40,218,000, the budget request, for buildings and facilities, a decrease of $1,470,000 below the fiscal year 2005 level.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The Hazardous Substance Superfund (Superfund) program was established in 1980 by the Comprehensive Environmental Response, Compensation, and Liability Act to clean up emergency hazardous materials, spills, and dangerous, uncontrolled, and/or abandoned hazardous waste sites. The Superfund Amendments and Reauthorization Act (SARA) expanded the program substantially in 1986, authorizing approximately $8,500,000,000 in revenues over five years. In 1990, the Omnibus Budget Reconciliation Act extended the program's authorization through 1994 for $5,100,000,000 with taxing authority through calendar year 1995.
The Superfund program is operated by EPA subject to annual appropriations from a dedicated trust fund and from general revenues. Enforcement activities are used to identify and induce parties responsible for hazardous waste problems to undertake clean-up actions and pay for EPA oversight of those actions. In addition, responsible parties have been required to cover the cost of fund-financed removal and remedial actions undertaken at spills and waste sites by Federal and State agencies. Transfers from this account are made to the Office of Inspector General and Science and Technology accounts for Superfund-related activities.
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Appropriation enacted, 2005 $1,247,477,000
Budget estimate, 2006 1,279,333,000
Recommended, 2006 1,258,333,000
Comparison:
Appropriation, 2005 +10,856,000
Budget estimate, 2006 -21,000,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $1,258,333,000 for hazardous substance superfund, an increase of $10,856,000 above the fiscal year 2005 level and $21,000,000 below the budget request. Changes to the budget request are detailed below.
Enforcement.--The Committee recommends a decrease of $8,000,000 for enforcement, including decreases of $1,000,000 for criminal enforcement and $7,000,000 for superfund enforcement.
Homeland Security: Preparedness, Response, and Recovery.--The Committee recommends a decrease of $11,500,000 for homeland security: preparedness, response, and recovery, including decreases of $2,000,000 for decontamination and $9,500,000 for laboratory preparedness and response.
Operations and Administration.--The Committee recommends a decrease of $1,500,000 for facilities infrastructure and operations.
Bill language.--Bill language is included, as requested, transferring $13,536,000 to the Office of Inspector General and $30,606,000 to the Science and Technology account.
The Committee is aware of the Hudson River PCB Superfund Site and the burdens it has placed on the Town of Fort Edward, New York, which will host the dewatering facility for site remediation. The Committee is concerned that the Town of Fort Edward does not have the capacity to alleviate the multi-year impacts of this remediation without assistance. The Committee expects the EPA to provide assistance to the maximum extent possible, including financial and staffing assistance, to the Town of Fort Edward throughout the duration of this project and to maintain a close dialogue with the Town of Fort Edward and the Committee. The Committee also expects the EPA to provide semiannual reports on the Hudson River PCB Superfund project to the Committee.
In 2001, the National Academy of Sciences issued `A Risk-Management Strategy for PCB-Contaminated Sediments' that noted the lack of information on the effectiveness of remedial actions at contaminated sediment sites. The report called for more evaluations of remedial efforts to determine the effectiveness of such remedies, particularly dredging, in achieving projected environmental benefits. Currently, about 140 contaminated sediment sites are in some stage of the Superfund process. A number of these sites are `mega' sites with large potential costs for both public and private parties. The Committee believes that independent experts should take another look at this issue with an emphasis on mega sites. Accordingly, the Committee expects the EPA to enter into an agreement with the National Academy of Sciences to examine whether: (1) actual costs match EPA estimates; (2) EPA estimated risk reduction benefits are being achieved as predicted; (3) such risk reduction benefits will be achieved significantly faster than other less costly remedial alternatives, including source control and natural recovery; (4) EPA is considering remedial alternatives on an equal footing, or dredging is the presumptive remedy; (5) EPA is considering potential adverse consequences of all remedial alternatives consistent with requirements of the National Environmental Policy Act; and (6) EPA regions are following agency sediment guidance and recommendations made by the Academy in its 2001 report. EPA should complete arrangements with the Academy for this study no later than December 1, 2005, and the study should be provided to the Committee no later than December 1, 2006.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
Subtitle I of the Solid Waste Disposal Act, as amended by the Superfund Amendments and Reauthorization Act, authorized the establishment of a response program for clean-up of releases from leaking underground storage tanks. Owners and operators of facilities with underground tanks must demonstrate financial responsibility and bear initial responsibility for clean-up. The Federal trust fund is funded through the imposition of a motor fuel tax of one-tenth of a cent per gallon, which generates approximately $170,000,000 per year.
Most States also have their own leaking underground storage tank programs, including a separate trust fund or other funding mechanism. The Leaking Underground Storage Tank Trust Fund provides additional clean-up resources and may also be used to enforce necessary corrective actions and to recover costs expended from the Fund for clean-up activities. The underground storage tank response program is designed to operate primarily through cooperative agreements with States. However, funds are also used for grants to non-State entities, including Indian tribes, under Section 8001 of the Resource Conservation and Recovery Act.
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Appropriation enacted, 2005 $69,440,000
Budget estimate, 2006 73,027,000
Recommended, 2006 73,027,000
Comparison:
Appropriation, 2005 +3,587,000
Budget estimate, 2006 0
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $73,027,000, the budget request, for the leaking underground storage tank program, an increase of $3,587,000 above the fiscal year 2005 level.
OIL SPILL RESPONSE
This appropriation, authorized by the Federal Water Pollution Control Act, as amended by the Oil Pollution Act of 1990, provides funds to prepare for and prevent releases of oil and other petroleum products in navigable waterways. In addition, EPA is reimbursed for incident specific response costs through the Oil Spill Liability Trust Fund managed by the United States Coast Guard.
EPA is responsible for directing all clean-up and removal activities posing a threat to public health and the environment; conducting site inspections; providing a means to achieve cleanup activities by private parties; reviewing containment plans at facilities; reviewing area contingency plans; pursuing cost recovery of fund-financed clean-ups; and conducting research of oil clean-up techniques. Funds for this appropriation are provided through the Oil Spill Liability Trust Fund which is composed of fees and collections made through provisions of the Oil Pollution Act of 1990, the Comprehensive Oil Pollution Liability and Compensation Act, the Deepwater Port Act of 1974, the Outer Continental Shelf Lands Act Amendments of 1978, and the Federal Water Pollution Control Act, as amended. Pursuant to law, the Trust Fund is managed by the United States Coast Guard.
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Appropriation enacted, 2005 $15,872,000
Budget estimate, 2006 15,863,000
Recommended, 2006 15,863,000
Comparison:
Appropriation, 2005 -9,000
Budget estimate, 2006 0
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $15,863,000, the budget request, for oil spill response, a decrease of $9,000 below the fiscal year 2005 level.
STATE AND TRIBAL ASSISTANCE GRANTS
(INCLUDING RESCISSIONS OF FUNDS)
The State and Tribal Assistance Grants account provides grant funds for programs operated primarily by State, local, tribal and other governmental partners. The account provides funding for infrastructure projects through the State Revolving Funds, geographic specific projects in rural Alaska and Alaska Native Villages, Puerto Rico, and on the United States-Mexico Border, and other targeted special projects. In addition, the account funds Brownfields assessment and revitalization grants, grants for clean school buses, and miscellaneous other categorical grant programs.
The largest portion of the STAG account consists of State Revolving Funds (SRFs), which provide Federal financial assistance to protect the Nation's water resources. The Clean Water SRFs help eliminate municipal discharge of untreated or inadequately treated pollutants and thereby help maintain or restore the country's water to a swimmable and/or fishable quality. The Clean Water SRFs provide resources for municipal, inter-municipal, State, and interstate agencies and tribal governments to plan, design, and construct wastewater facilities and other projects, including non-point source, estuary, stormwater, and sewer overflow projects. The Safe Drinking Water SRFs finance improvements to community water systems so that they can achieve compliance with the mandates of the Safe Drinking Water Act and continue to protect public health.
Categorical grant programs include non-point source grants under Section 319 of the Federal Water Pollution Control Act, as amended, Public Water System Supervision grants, Section 106 water quality grants, grants to improve targeted watersheds, Clean Air Act Section 105 and 103 air grants, grants targeted to environmental information, Brownfields cleanup grants, and other grants used by the States, tribes, and others to meet Federal environmental statutory and regulatory requirements.
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Appropriation enacted, 2005 $3,575,349,000
Budget estimate, 2006 2,960,800,000
Recommended, 2006 3,127,800,000
Comparison:
Appropriation, 2005 -447,549,000
Budget estimate, 2006 +167,000,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $3,127,800,000 for State and tribal assistance grants, a decrease of $447,549,000 below the fiscal year 2005 level and $167,000,000 above the budget request. Changes to the budget request are detailed below.
Brownfields.--The Committee recommends a decrease of $25,000,000 for Brownfields projects. The Committee recommended level represents an increase of more than $6,000,000 above the fiscal year 2005 level.
Infrastructure Assistance: Clean Water State Revolving Fund.--The Committee recommends an increase of $120,000,000 for the clean water State revolving funds, including the use of $100,000,000 rescinded from expired contracts, grants, and interagency agreements from various EPA appropriation accounts.
State and Tribal Infrastructure Grants/Congressional priorities.--The Committee recommends an increase of $200,000,000 for targeted STAG infrastructure grants. These specific grants will be designated in conference action on the Interior, Environment, and Related Agencies Act, 2006.
Categorical Grants.--The Committee recommends a net decrease of $28,000,000 for categorical grants, including decreases of $8,000,000 for Brownfields, $8,000,000 for pollution control (section 106), $1,000,000 for pollution prevention, $23,000,000 for a new State and tribal performance fund, and $3,000,000 for wetlands program development and an increase of $15,000,000 for water quality cooperative agreements.
Bill Language- The Committee recommends bill language stipulating that funds associated with STAG special projects, from fiscal year 2000 or earlier, that have not received an approved grant by the end of fiscal year 2006 will be transferred to the appropriate State's Drinking Water or Clean Water State Revolving Fund. Bill language also provides for the transfer of funds, not needed for STAG projects, to the appropriate State's Drinking Water or Clean Water Revolving Fund (i.e., unused funds from completed projects or funds from projects that are determined to be ineligible for a grant) .
The Committee also recommends the rescission of $100,000,000 in balances from expired contracts, grants, and interagency agreements from various EPA appropriation accounts and the use of these funds, as an additional amount of $100,000,000, for the Clean Water State Revolving Fund.
The Committee also recommends bill language granting authority to EPA to make technical corrections on special project infrastructure grants subject to Committee consultation.
The Committee has also included bill language, as requested by the Administration and as carried in previous appropriations acts, to: (1) extend for an additional year the authority for States to transfer funds between the Clean Water SRF and the Drinking Water SRF; (2) waive the one-third of 1 percent cap on the Tribal set aside from non-point source grants; (3) increase to 1.5 percent the cap on the Tribal set-aside for the Clean Water SRF; and (4) require that any funds provided to address the water infrastructure needs of colonias within the United States along the United States-Mexico border be spent only in areas where the local governmental entity has established an enforceable ordinance or rule which prevents additional development within colonias that lack water, wastewater, or other necessary infrastructure.
Bill language has been included stipulating that, consistent with section 603 of the Federal Water Pollution Control Act, as amended, $50,000,000 of the $850,000,000 proposed for the Clean Water SRF program is to be made available by the States for interest-free loans to increase non-point and non-structural, decentralized alternatives and expand the choices available to communities for clean water improvements. The Committee continues to support this program.
While no specific special project grants are identified at this point for fiscal year 2006 as in past years, targeted grants shall be accompanied by a cost-share requirement whereby 45 percent of a project's cost is the responsibility of the community or entity receiving the grant. In those few cases where such cost-share requirement poses a particular financial burden on the recipient community or entity, the Committee supports the Agency's use of its longstanding guidance for financial capability assessments to determine reductions or waivers from this match requirement. Except for the limited instances in which an applicant meets the criteria for a waiver, the Committee has provided no more than 55% of an individual project's cost, regardless of the amount appropriated.
The Committee agrees to the following:
1. No STAG technical correction may be made without advance consultation with the Committee. The EPA should report to the Committee within 30 days of the close of each fiscal year with a list of the technical corrections it has made to STAG special project infrastructure grants during that fiscal year and on funds transferred from projects to the drinking water and clean water SRFs.
2. As in past years, from within the Committee's $50,000,000 recommendation for the United States-Mexico Border program, the Agency is expected to continue the Brownsville, Texas area water supply project, and the EI Paso, Texas area desalination and water supply project.
3. With respect to financial assistance from State Revolving Funds, States should give priority to projects that use best management practices that provide cost savings and increased efficiency.
ADMINISTRATIVE PROVISIONS
The Committee has included bill language, requested by the Administration and supported by the Science Committee, permitting EPA to hire no more than 5 senior level scientists using expedited procedures. This authority is similar to that provided to the National Institutes of Health.
The Committee has, again this year, included an administrative provision giving the Administrator specific authority, in the absence of an acceptable tribal program, to award cooperative agreements to Federally recognized Indian Tribes or Intertribal consortia so as to properly carry out EPA's environmental programs.
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
The U.S. Forest Service manages 193 million acres of public lands for multiple use Nationwide, including lands in 44 States and Puerto Rico, and cooperates with States, other Federal agencies, Tribes and others to sustain the Nation's forests and grasslands. The Forest Service administers a wide variety of programs, including forest and rangeland research, State and private forestry assistance, wildfire suppression and fuels reduction, cooperative forest health programs, and human resource programs. The National Forest System (NFS) includes 155 National forests, 20 National grasslands, 20 National recreation areas, a National tallgrass prairie, 6 National monuments, and 6 land utilization projects. The NFS is managed for multiple use, including timber production, recreation, wilderness, minerals, grazing, fish and wildlife habitat management, and soil and water conservation.
The Committee notes that the Forest Service celebrated its centennial year in 2005. The Forest Service was established on February 1, 1905 when the forest reserves were transferred from the General Land Office in the Department of the Interior to the newly named, U.S. Forest Service in the Department of Agriculture.
FOREST AND RANGELAND RESEARCH
Forest and rangeland research and development sponsors basic and applied scientific research. This research provides both credible and relevant knowledge about forests and rangelands and new technologies that can be used to sustain the health, productivity, and diversity of private and public lands to meet the needs of present and future generations. Research is conducted across the U.S. through six research stations, the Forest Products Laboratory, and the International Institute of Tropical Forestry in Puerto Rico as well as cooperative research efforts with many of the Nation's universities. The Committee stresses that this research and development should support all of the Nation's forests and rangelands and that technology transfer and practical applications are vital.
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Appropriation enacted, 2005 $276,384,000
Budget estimate, 2006 285,400,000
Recommended, 2006 285,000,000
Comparison:
Appropriation, 2005 +8,616,000
Budget estimate, 2006 -400,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $285,000,000 for forest and rangeland research, a decrease of $400,000 below the budget request and $8,616,000 above the fiscal year 2005 funding level. For clarity, the funding level for the forest inventory and analysis (FIA) program is displayed as a distinct activity. Funding for FIA under this heading is $62,100,000, $6,614,000 below the requested level and $6,174,000 above the fiscal year 2005 enacted level. The Committee notes that an additional $5,000,000 for the FIA program is provided within the State and private forestry appropriation. There is a total increase of $6,216,000 for the FIA program above the fiscal year 2005 enacted level.
The Committee recommendation includes all project funding as stipulated in the budget request and supporting documents, with the following exceptions. The advanced housing research consortium receives $1,500,000, which is $218,000 above the request. The adelgid research at the Northeastern station receives $1,600,000, an increase of $121,000 above the request. The emerald ash borer research project in Ohio receives $400,000, $153,000 above the request. The southern pine beetle initiative receives $2,400,000, $428,000 above the request. The Coweeta Hydrologic Lab receives $200,000 for research on reducing impacts of floods and landslides and $150,000 for technology transfer. Uncontrollable cost increases receive $6,177,000 above the request. The Montana State University and New Mexico State University Skeen range research projects and the salvage lumber research at the forest products lab are not funded. Funding for the National agroforestry research center is $727,000, as requested.
The Committee expects to see detailed work plans, including costs and staffing, for the new Western Wildland Environmental Threat Assessment Center in Oregon and the Eastern Forest Environmental Threat Assessment Center in North Carolina, before funding from any appropriation for these new centers is distributed in fiscal year 2006. The Committee also directs the Forest Service to include explicit funding amounts for these two centers in future budget requests, regardless of the accounts involved. The Committee notes that these centers should, as provided in the Healthy Forest Restoration Act, focus primarily on hardwood forests and the threats from insects and disease which could destroy thousands of valuable acres of timberland and alter landscapes throughout surrounding areas. The centers should rely on emerging remote sensing technology and geospatial modeling.
Bill Language- The Committee recommends continuing bill language earmarking a specific allocation, $62,100,000, for the forest inventory and analysis program.
STATE AND PRIVATE FORESTRY
Through cooperative programs with State and local governments, forest industry, conservation organizations, and non-industrial private forest landowners, the Forest Service supports the protection and management of the nearly 500 million acres of non-Federal forests in the country. Technical and financial assistance is offered to improve wildland fire management and protect communities from wildfire; control insects and disease; improve harvesting and processing of forest products; conserve environmentally important forests; and enhance stewardship of urban and rural forests. The Forest Service provides special expertise and disease suppression for all Federal and tribal lands, as well as cooperative assistance with the States for State and private lands.
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Appropriation enacted, 2005 $341,606,000
Budget estimate, 2006 253,387,000
Recommended, 2006 254,875,000
Comparison:
Appropriation, 2005 -86,731,000
Budget estimate, 2006 +1,488,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $254,875,000 for State and private forestry, $1,488,000 above the budget request and $86,731,000 below the 2005 funding level. Aspects of the budget request are approved, unless otherwise stated below. Funding levels are presented as changes from the request. All funds requested for the healthy forests initiative are included.
Forest Health Management- The Committee recommends $103,000,000 for forest health management, $30,669,000 above the request and $1,135,000 above the fiscal year 2005 enacted level. The Committee emphasizes its concern with forest health and does not understand why, with the huge concern nationally for healthy forests, the budget request included such large decreases for these immensely valuable and vital forest health programs. The Committee is also concerned about invasive exotic pests, which have proven to have huge impacts on American forests and trees. Forest health funding provides important programs such as: (1) the slow-the-spread gypsy moth program; (2) control and management of the Asian long-horned beetle, the emerald ash borer, Dutch elm disease and other pests in urban settings; (3) adelgids in the east; and (4) various mountain pine beetles throughout the Rockies and the west.
The Committee recommendation includes $17,000,000 for southern pine beetle forest health activities, including forest rehabilitation, disease prevention, and education. This consists of $5,000,000 within the Federal lands activity and $12,000,000 within the cooperative lands activity to assist State and private forest managers.
Federal Lands Forest Health Management- The Committee recommends $55,000,000 for Federal lands forest health management, $4,977,000 above the request and $764,000 above the fiscal year 2005 enacted level.
Cooperative Lands Forest Health Management- The Committee recommends $48,000,000 for cooperative lands forest health management, $25,692,000 above the budget request and $371,000 above the fiscal year 2005 enacted level. The cooperative forest health activity includes $350,000 for the southern Appalachian office of the American Chestnut Foundation.
The Committee encourages the Forest Service and other USDA agencies to work closely with Minnesota on the Dutch elm disease problem; this disease requires a dedicated and time-critical effort to remove infected trees quickly and efficiently, to avoid an escalating bark beetle population.
The Committee strongly encourages the Administration to use the Secretary's authority under Public Law 97-46 to fund the survey, evaluation, control and management of unplanned, emerging pest occurrences from funds available to the agencies or corporations of the Department of Agriculture. This approach has been used in the past for the Forest Service and has been used in previous years for emergency pest projects by the Animal and Plant Health Inspection Service.
Cooperative Fire Protection- The Committee recommends $41,422,000 for cooperative fire protection, $14,586,000 above the request and $2,585,000 above the fiscal year 2005 funding level. The Committee also notes that the cooperative fire portion of the national fire plan within the wildland fire management account includes a total of $41,000,000 for State fire assistance and $8,000,000 for volunteer fire assistance.
State Fire Assistance- The Committee recommends $35,422,000 for State fire assistance, $14,503,000 above the budget request and $2,502,000 above the fiscal year 2005 enacted level. The increased funding includes $2,500,000 for use in the vicinity of the San Bernardino NF, CA, where a tremendous forest die-back has produced potentially catastrophic wildfire conditions. The Committee encourages the Forest Service to consider funding community wildfire protection planning projects for northern Arizona and in Colorado.
Volunteer Fire Assistance- The Committee recommends $6,000,000 for volunteer fire assistance, an increase of $83,000 above the request and the enacted level.
Cooperative Forestry- The Committee recommends $103,553,000 for cooperative forestry, $45,678,000 below the budget request and $41,841,000 below the 2005 enacted level.
Forest Stewardship- The Committee recommends $37,399,000 for forest stewardship, $300,000 above the budget request and $5,079,000 above the fiscal year 2005 enacted level. Within the allocation for forest stewardship, the Committee provides funding of $500,000 for watershed activities in the New York City watershed, an increase of $100,000 over the budget request. The remaining increase above the request is $200,000 for the Northeastern area to work with Forest Service research and university forest scientists to improve land use decision models and forest simulators which can be used by private landowners, public land managers, and educators.
The Committee encourages efforts to better target the delivery of the forest stewardship program to focus on priority resource concerns. This will allow close monitoring and quantification of on-the-ground accomplishments, more clearly demonstrating program outcomes.
Forest Legacy Program- The committee recommends $25,000,000 for the forest legacy program, a decrease of $55,000,000 below the budget request and $32,134,000 below the fiscal year 2005 enacted level. This allocation includes $5,000,000 for program administration and $20,000,000 for high priority projects.
Urban and Community Forestry- The Committee recommends $28,175,000 for urban and community forestry, an increase of $700,000 above the budget request and $3,775,000 below the fiscal year 2005 level. This increase above the request is for continued support of the long-standing and successful northeastern Pennsylvania community forestry program.
The Committee has yet to see the final, new allocation methodology and performance based granting which was directed previously for urban and community forestry. The Committee will reconsider funding for this program depending on the results of that process.
Economic Action Programs- The Committee recommends $7,979,000 for economic action programs, a decrease of $11,053,000 below the fiscal year 2005 level. This program was not included in the budget request. The Committee has transferred $5,000,000 here for biomass grants which was requested as part of the hazardous fuels program. The biomass program has promise, but it is more appropriately funded within State and private forestry. Within the economic action program the Committee also recommends: (1) $1,000,000 for the Education and Research Consortium (ERC) of Western NC environmental education effort; (2) $329,000 for the New England value added wood products project, MA; (3) $250,000 for the Allegheny area, PA tourism effort; (4) $400,000 for watershed work in the New York City watershed; and (5) $1,000,000 for economic development grants to Custer County, ID, consistent with the Central Idaho Economic Development and Recreation Act, which shall be distributed upon authorization of that Act. The funds for the ERC are for the on-going educational programs provided by the ERC, including the Pisgah Forest Institute, and for the existing efforts in Pennsylvania and northern California.
Forest Resource Information and Analysis- The Committee recommends $5,000,000 for forest resource information and analysis, $343,000 above the budget request and $42,000 above the 2005 enacted level.
International Program- The Committee recommends $6,900,000 for the international program, $1,911,000 above the request and $490,000 above the fiscal year 2005 level. The Committee is encouraged by the successful partnerships in the international program and the growing importance of Forest Service expertise, including international support to counter invasive pests harming our forests and efforts to conserve and protect migratory species.
Bill Language- The Committee recommends continuing bill language deriving forest legacy funds from the Land and Water Conservation Fund (LWCF) and language requiring notification of the Appropriations Committees before allocating forest legacy project funds. The Committee has not included the Administration's request to also derive funding for the forest stewardship program and the urban and community forestry program from the LWCF.
NATIONAL FOREST SYSTEM
Within the National Forest System (NFS), which covers 193 million acres, there are 51 Congressionally designated areas, including 20 National recreation areas, and 7 National scenic areas. The NFS includes a substantial amount of the Nation's softwood inventory. In fiscal year 2002, over 208,000 acres of national forest vegetation was managed through timber sale activities, which produced 1.8 billion board feet of timber products. The NFS hosted over 211 million visits in fiscal year 2002. The NFS includes over 133,000 miles of trails and 25,000 developed facilities, including 4,389 campgrounds, 58 major visitor centers, and about one-half of the Nation's ski-lift capacity. Wilderness areas cover 35 million acres, nearly two-thirds of the wilderness in the contiguous 48 States. The Forest Service also has major habitat management responsibilities for more than 3,000 species of wildlife and fish, and 10,000 plant species and provides important habitat and open space for over 422 threatened or endangered species. Half of the Nation's big game habitat and coldwater fish habitat, including salmon and steelhead, is located on National forest system lands and waters. In addition, in the 16 western States, where the water supply is sometimes critically short, about 55 percent of the total annual yield of water is from National forest system lands.
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Appropriation enacted, 2005 $1,392,959,000
Budget estimate, 2006 1,651,357,000
Recommended, 2006 1,423,920,000
Comparison:
Appropriation, 2005 +30,961,000
Budget estimate, 2006 -227,437,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $1,423,920,000 for the National forest system, a decrease of $227,437,000 below the request and $30,961,000 above the fiscal year 2005 enacted level. The Committee has not agreed to include hazardous fuels funding within this account; this is discussed under the wildland fire management heading. The overall NFS funding is $53,563,000 above the request, if the transfer of $281,000,000 for the hazardous fuels program is not counted. All funds requested for the healthy forests initiative are included.
Land Management Planning- The Committee recommends $59,057,000 for land management planning as requested, a decrease of $4,110,000 below the fiscal year 2005 enacted level. The Committee expects that, as the new planning regulations are implemented, there should be cost savings.
Inventory and Monitoring- The Committee recommends $169,009,000 for inventory and monitoring, $2,000,000 above the budget request and $1,707,000 above the fiscal year 2005 level. The increase above the request is to partially offset fixed costs.
Recreation, Heritage and Wilderness- The Committee recommends $265,200,000 for recreation, heritage and wilderness, $7,856,000 above the budget request and $7,857,000 above the fiscal year 2005 level. Within the increase, the Committee has included $100,000 for the Ocoee and Hiwasse corridor management plan and $150,000 for a strategic trails analysis on the Cherokee NF, TN. The remainder of the increase is to partially offset fixed costs.
The Committee encourages Forest Service units to conduct thorough, public analyses of recreation services, but the Service should maintain its tradition of providing pristine backcountry and dispersed recreation, as well as developed recreation. Recreation sites should not be closed or access denied without full public involvement.
The Committee also encourages the Forest Service to maintain adequate public and scientific services at the Mt. St. Helens National Volcanic monument.
Wildlife and Fish Habitat Management- The Committee recommends $134,800,000 for wildlife and fish habitat management, an increase of $9,849,000 above the budget request and $51,000 above the fiscal year 2005 level. The increase above the request is to maintain existing programs. The Committee notes the importance of Forest Service habitat management for the Nation's fish and wildlife, and to many partners. Many habitat projects fulfill common watershed improvement and hazardous fuels reduction goals.
Grazing Management- The Committee recommends $49,000,000 for grazing management, $4,341,000 above the budget request and $966,000 above the fiscal year 2005 funding level. The increase above the request is to maintain existing programs.
Forest Products- The Committee recommends $283,297,000 for forest products, $5,000,000 above the budget request and $10,050,000 above the fiscal year 2005 funding level. The increase above the request includes a $500,000 increase for the base program on the National Forests in North Carolina. The remainder of the increase should be used to maintain existing programs.
Vegetation and Watershed Management- The Committee recommends $183,700,000 for vegetation and watershed management, a decrease of $10,074,000 below the request and a decrease of $5,914,000 below the fiscal year 2005 funding level. The Committee has agreed to the request to move funding for environmental compliance and protection projects to the minerals and geology management program. This reduces the vegetation and watershed management account $24,241,000 below the enacted level. Therefore, not counting the environmental compliance program, the recommended funding level for vegetation and watershed management is $18,327,000 above the enacted level.
The budget request includes an increase above the enacted level of $21,807,000 for improving and establishing forest vegetation; instead the Committee recommendation agrees to increase these activities by $11,733,000 above the enacted level, a reduction of $10,074,000 from the request. The other subactivities are funded at the requested levels.
The Committee notes the recent GAO report which indicates that the Forest Service has inadequate data to accurately quantify its reforestation needs. The Committee has provided a substantial funding increase for these activities in fiscal year 2006, but the Service needs to standardize guidance for reporting data on reforestation and timber stand improvement needs and improve the data's accuracy before additional increases can be considered. In addition, the Committee expects the Forest Service to provide clear presentations of reforestation needs and accomplishments in future budget justifications, including the specific use and distribution of the mandatory funding from the Reforestation Fund, as well as partner efforts, such as the new American Forests initiative.
Minerals and Geology Management- The Committee recommends $85,865,000 for minerals and geology management, an increase of $12,074,000 above the request and $30,118,000 above the 2005 funding level. Most of this large increase above the enacted level is due to the transfer of the environmental compliance and restoration subactivites out of the vegetation and watershed activity. The Committee recommendation includes the requested $25,426,000 for these subactivities which were not funded in minerals and geology in fiscal year 2005.
The budget request includes large reductions which are ill-advised for the administration of mineral operations and for the geological services programs. The Committee recommendation fully funds the requested budget for minerals and geology management, plus increases to the request of $7,876,000 for the administration of mineral operations, $1,000,000 for processing mineral applications, and $3,198,000 for the management of geologic resources and hazards. This results in $1,000,000 increases above the enacted for each of these three subactivites.
Land Ownership Management- The Committee recommends $93,000,000 for land ownership management, $8,843,000 above the budget request and $871,000 above the 2005 funding level. The increase above the request is to maintain existing programs. The Committee expects the Forest Service to maintain the full-time lands team to work on the Pacific Crest Trail project and other similar projects.
Law Enforcement Operations- The Committee recommends $91,000,000 for law enforcement operations, $4,674,000 above the budget request and $4,986,000 above the 2005 funding level. The increases above the request include a total of $1,000,000 for anti-drug activities on the Daniel Boone NF, KY, and $700,000 for work on the Mark Twain NF, MO. The remainder of the increase above the request is for general program delivery.
The Committee agrees with the concept displayed in special exhibit 15 of the budget justification regarding making all programs and activities, other than emergency appropriations, contribute to indirect cost pools. Bill language is included under Forest Service administrative provisions to accomplish a transfer for law enforcement on a one-time basis. The Forest Service should continue this equitable treatment of programs for cost pools in subsequent years.
Centennial of Service Challenge- The Committee notes that this challenge cost share effort begun in fiscal year 2005 appears to be very successful. More than 230 individual partner projects have been funded in all regions of the Nation. These efforts will bring in more than $20,000,000 in partner contributions which will enhance the national forest system and improve public services. Therefore, the Committee has provided $9,000,000 to continue this program, which was not included in the request, a reduction of $861,000 from the fiscal year 2005 enacted level. These funds should be used in addition to, and in a complimentary fashion with, other challenge cost share programs included in the budget request. The Forest Service should continue to display data on these efforts in subsequent budget justifications.
Other- The Committee has provided $992,000, as requested, for management of the Valles Caldera National Preserve, NM, a reduction of $2,607,000 from the fiscal year 2005 enacted level. The Committee notes that, if there are specific infrastructure needs, such funding should be requested under the capital improvement and maintenance appropriation and compete with other Forest Service projects.
The Committee recommendation includes the full funding requested by the Administration for the Quincy Library Group project in California and for the Land Between the Lakes National Recreation Area, KY and TN.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
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Appropriation enacted, 2005 $2,098,487,000
Budget estimate, 2006 1,444,267,000
Recommended, 2006 1,790,506,000
Comparison:
Appropriation, 2005 -307,981,000
Budget estimate, 2006 +346,239,000
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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $1,790,506,000 for wildland fire management. This is $346,239,000 above the budget request and $307,981,000 below the enacted level, which also included certain emergency appropriations as well as $394,443,000 for additional, urgent wildfire suppression funds. The hazardous fuels funding is retained under this heading as has been past practice, as discussed below. Hazardous fuels funding was requested in the National forest system account. Increases above the request for other wildfire management activities total $61,239,000. The overall Committee recommendation for wildland fire management is $117,490,000 above the 2005 funding level, not counting the urgent wildfire suppression funds and the emergency funds.
The Committee recommendation supports the direction provided by the national fire plan and the healthy forests initiative. All funds requested for the healthy forests initiative are included. In addition, funds are provided for other essential national fire plan related activities which suffered reductions in the request, including forest health management, State fire assistance, fire plan research and development, and restoration and rehabilitation.
Wildfire Preparedness- The Committee recommends $691,014,000 for wildfire preparedness, an increase of $15,000,000 above the budget request and $14,544,000 above the enacted level. The funding requested within preparedness for the joint fire science program, $8,000,000, is included under other wildfire operations as has been the past practice and agreement. The Committee sees no compelling reason to include any other funding activities in the preparedness and suppression budget lines, and the Committee directs the Administration not to request funding for joint fire science under preparedness. After transfer of joint fire science, the overall preparedness funding level is $23,000,000 above the request, which helps offset fixed cost increases. The Committee understands that it is imperative to maintain firefighting readiness so that initial attack has a greater chance of putting fires out while they are small, less destructive, and less expensive to suppress.
The Committee is concerned that the allocation of funds between preparedness and suppression operations may not maintain the levels of readiness needed for public safety that were established in fiscal years 2003 and 2004. The Committee believes that decisive action is necessary to manage escalating fire suppression costs. An important component of reducing such costs is maintaining initial attack capability so that more fires can be contained before they escape and cause serious loss of life and property as well as natural resource damage. Accordingly, the Committee directs the Forest Service to analyze current readiness levels to determine whether maintaining preparedness resources in the field at a level not less than that established in fiscal year 2004 will, based on the best information available, result in lower overall firefighting costs. If the Forest Service makes such a determination, the Committee directs the Forest Service to adjust the levels for preparedness and suppression funding accordingly and report on these adjustments to the House and Senate Committees on Appropriations. The Secretary of Agriculture should advise the House and Senate Committees on Appropriations in writing prior to the decision.
Wildfire Suppression Operations- The Committee recommends $700,492,000 for wildfire suppression operations as requested, an increase of $51,633,000 above the fiscal year 2005 enacted funding level. This funding level is $45,560,000 above the 10-year average of actual wildfire suppression expenditures.
The Committee remains concerned about the high costs of large fire incidents. The Forest Service, along with the Department of the Interior, should ensure that cost containment is an important priority when suppressing wildland fires. Therefore, the Committee directs the Forest Service and the Department of the Interior to continue reports directed previously and to continue to examine, using independent panels, any individual wildfire incident which results in expenses greater than $10,000,000. The Committee directs the Forest Service not to follow the second and fifth bulleted proposals in the appendix to the budget of the U.S. government under the fire operations heading. The Committee insists that a national, interdepartmental approach, with full cooperation of States and other partners, is needed to improve the fire program. The cooperative spirit would be disrupted by requiring regions to hold back funding which may be urgently needed for suppression activities elsewhere in the Nation as instructed in the budget appendix.
The Committee has included bill language which requires the Forest Service to treat wildfire suppression like other non-emergency appropriations with regard to indirect cost pools which support agency administration. All programs in the agency should pay the full cost of operations, including overhead. Accordingly, the Committee directs the Forest Service to charge appropriate cost pool expenses to wildfire suppression in a manner commensurate with the method for assessing other funds and to continue this procedure hereafter. The Committee has provided similar instructions for the law enforcement program. This concept was displayed in special exhibit 15 of the budget justification.
Hazardous Fuels- The Committee has provided $286,000,000 for hazardous fuels reduction work, $5,000,000 above the budget request (which was in the NFS account) and an increase of $23,461,000 above the fiscal year 2005 level. The budget request also included $5,000,000 for biomass grants out of the hazardous fuels funding. The Committee has transferred that funding and program to the economic action program in the State and private forestry account, where it is more appropriately operated. Thus, the overall hazardous fuels program funding is actually $10,000,000 over the requested level. The recommendation includes no less than $5,000,000 above the requested funding level to treat the urgent and dangerous situation on the San Bernardino NF, CA, caused by drought and a catastrophic bark beetle outbreak.
The recommendation retains the authority to use up to $15,000,000 on adjacent, non-Federal lands when hazard reduction activities are planned on national forest system lands.
The Committee has included new bill language which allows the Chief of the Forest Service to transfer hazardous fuels funding into the national forest system account if, at the Chief's sole discretion, it will be advantageous to the government. If a decision is made to make this transfer, the Forest Service shall notify the House and Senate Committees on Appropriations 30 days in advance of the transfer. Additionally, 90 days after the end of the fiscal year, the Forest Service shall submit a report to the Committees which details and explains the benefits of this transfer, including steps taken to ensure close coordination of projects with the Department of the Interior and the States, as well as steps taken to help implement completed community wildfire protection plans. Included in this report, the Forest Service, in conjunction with the Department of the Interior, should detail the methods used to prioritize fuels projects. A common project prioritization method should be used by both departments to assure the American public that all funds, regardless of funding source, are used for the highest priority fuels reduction projects.
Rehabilitation- The Committee has restored $9,281,000 for the burned area rehabilitation and restoration program, $7,281,000 above the budget request and $3,538,000 below the fiscal year 2005 enacted level. As presented in the budget request, the Committee expects the Forest Service, in close partnership with the Department of the Interior, to continue the native plant materials program at the fiscal year 2005 level. The increase above the request is for general program delivery.
Fire Plan Research and Development- The Committee recommendation includes $21,719,000 for research and development, $4,834,000 above the budget request and equal to the fiscal year 2005 enacted level. The increase above the request is to support important research efforts nationwide. Considering the multi-billion dollar efforts supported for Federal and State wildfire management and hazardous fuels treatments, it is imperative that research and development be retained to guide future applications and develop technologies which may help reduce costs, save lives, and protect natural resources.
Joint Fire Sciences Program- The Committee has provided $8,000,000 for the joint fire science program, an increase of $111,000 above the fiscal year 2005 enacted level. The budget request included funding for this important program in the preparedness activity, as discussed above. This program is producing important scientific and technical information, often in collaboration with the Nation's forestry schools, that is needed to support the large effort concerning hazardous fuels and other fire management issues.
Forest Health Management, Federal Lands and Co-op Lands- The Committee has provided $25,000,000 for the forest health portion of the national fire plan, including $15,000,000 for Federal lands and $10,000,000 for cooperative efforts with the States and others. This funding level is $13,428,000 above the request and $347,000 above the fiscal year 2005 enacted level. The increase above the request is for general program delivery. This funding should be used in conjunction with the similar funding in State and private forestry to continue the more integrated approach to forest health, including prevention, and restoration and rehabilitation of forests and rangelands. The Committee expects the Forest Service to focus on major problems, such as southern pine beetles, western mountain bark beetles, adelgids, and other pests and pathogens, as well as invasive plants, which harm forests and subsequently increase wildfire hazards.
The Committee is concerned that the Administration does not recognize forest health management as a vital component of the healthy forests initiative and another tool in reducing risks of catastrophic wildfires. This work is an essential part of the national fire plan, and is vital to the success of the healthy forests initiative as well.
State and Volunteer Fire Assistance- The Committee has provided $41,000,000 for State fire assistance, $11,585,000 above the request and $821,000 above the fiscal year 2005 enacted level. The Committee does not understand why the Administration chose to dramatically cut this successful cooperative conservation and protection program in its request. The program is essential to maintain and enhance the partnership between State foresters and State fire agencies and the Federal wildfire management enterprise. The increase above the request is for general program delivery and $500,000 is for implementation of community wildfire protection plans in the North Lake Tahoe area. The Committee expects the Forest Service to support and expand the Fire Safe Councils in California and that the Forest Service will use this innovative program as a model for other States. State fire assistance funds should also be used preferentially to support community wildfire protection planning and implementation.
The Committee has also included $8,000,000 for volunteer fire assistance, an increase of $111,000 above the request and the enacted level. This brings the volunteer fire funding to a total of $14,000,000 including funding in State and private forestry.
CAPITAL IMPROVEMENT AND MAINTENANCE
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $565,516,000
Budget estimate, 2006 380,792,000
Recommended, 2006 468,260,000
Comparison:
Appropriation, 2005 -97,256,000
Budget estimate, 2006 +87,468,000
-----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $468,260,000 for capital improvement and maintenance, $87,468,000 above the request and $97,256,000 below the fiscal year 2005 enacted level. In order to more clearly display and track Forest Service maintenance funding, it has been separated out as separate budget activities this year within the former facilities, roads, and trails activities.
The Committee notes that the Forest Service has a huge backlog in deferred maintenance and failed roads and buildings all over the Nation. However, the budget request this year has huge reductions in maintenance and construction which are unacceptable. Portions of these reductions were to be made up with new legislative procedures.
The Committee notes that no legislative proposal has been received from the Administration and it is unlikely that substantial, additional receipts will be available for fiscal year 2006. Therefore, the Committee recommends an increase of $47,647,000 to ensure that critical facility, road and trail maintenance funding is maintained close to the fiscal year 2005 levels. The Committee believes that the budget should not assume the use of receipts that are dependent on the enactment of subsequent legislation unless such legislation is under active consideration by the Congress.
The Administration's concept is to: (1) charge all accounts an across-the-board assessment for facility maintenance, further adding to the indirect cost pools which have hampered delivery of funds to on-the-ground programs; and (2) increase the authority to sell unneeded facilities, without creating inholdings, to generate funds to use for basic maintenance. This Committee notes that it previously started a program to sell unneeded facilities, and this has been a successful pilot to date. However, it has yet to generate substantial sums, and in any case, increased sales authority would not provide immediately needed funds for routine facility maintenance. In some portions of the Nation the Forest Service has excess facilities, and the Service should use all deliberate speed to dispose of these facilities to the benefit of the government. Title IV includes language extending the facility sale authority.
The Committee has used its scarce resources to bring maintenance funding back close to the enacted levels, while accepting a 37% decrease from the fiscal year 2005 enacted level for facilities construction.
The Committee expects to continue to receive regular updates, and a continued display in the budget justification, on progress in addressing the huge backlog of deferred maintenance and repair, especially as it relates to the activities funded through the road and trails fund, the pilot conveyance authority and the infrastructure improvement funds.
Facilities- The Committee recommends $153,761,000 for facilities maintenance and capital improvement, $36,045,000 above the budget request and $45,008,000 below the fiscal year 2005 level. The Committee recommendation for facility maintenance is $343,000 above the enacted and $26,478,000 above the request. The Committee has funded the capital improvement request with the following changes:
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State Project Change from request:
--------------------------------------------------------------------
CA San Bernardino NF HQ $2,000,000
CA Redwood Sci. lab seismic retrofit 2,000,000
CA Meeks Bay campground 778,000
CA Turtle Rock Fire Station relocation 1,200,000
CO Cayton campground 454,000
FL Clearwater/Lake Dorr 800,000
ID Driggs warehouse replacement 800,000
NC Cheoah Ranger Station 900,000
NC Santeetlah Lake Area development 1,500,000
OR/WA Region 6 facility disposal 1,000,000
PA Allegheny NF recreation & admin. sites 2,600,000
TN Cherokee NF recreation and admin. sites 2,500,000
WI Forest Products Lab modernization -8,000,000
WY/CO Medicine Bow-Routt storage consolidation 1,035,000
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The Committee notes that it has reduced the funding for the construction of new buildings for important wood products research at the Forest Products Lab (FPL), WI. The Committee recommendation includes $2,000,000 to conduct detailed plans for this effort. As currently proposed, this project will cost over $40,000,000 and require construction of several new scientific buildings. The Committee supports wood products research, and greatly admires the outstanding record established by the FPL, but it has determined that the Forest Service needs to do additional comprehensive planning and partnering before undertaking such a large effort. Therefore, the Committee encourages the Forest Service, along with its partners and research users, to establish an integrated plan for agency-wide wood products utilization research, including the modernization of the Forest Products lab, and include strategic plans, with staffing cost estimates and a commitment from Administration leadership to pursue adequate staffing for any new facilities which may be needed.
Roads.--The Committee recommends $225,499,000 for road maintenance and capital improvement, an increase of $35,940,000 above the budget request and $897,000 below the fiscal year 2005 level. The Committee has maintained the road decommissioning authority at $15,000,000. The Committee notes that at even these funding levels, the existence of failed roads continues to increase. The inventory of roads which can be used by passenger cars declines every year, and absent some new infusion of funds, such as from the highway trust fund, continued deterioration is assured.
Trails.--The Committee recommends $76,000,000 for trails maintenance and capital improvement, $12,208,000 above the budget request and $293,000 above the fiscal year 2005 level. The Committee directs continuation of the increased funding amounts provided in fiscal year 2005 for maintenance of the national scenic and historic trails. In addition, within the increase above the request for trails construction, the Committee has included: $500,000 for construction at the Florida National Scenic Trail; $1,000,000 for construction at the Continental Divide trail; $1,000,000 for construction at the Pacific Crest National Scenic trail; $250,000 for the Rio Sabana trail, PR; and $750,000 for trail construction at the Midewin National Tallgrass Prairie, IL. The remainder of the increase above the request is for general program delivery. In addition, the Forest Service should maintain a full time Pacific Crest Trail (PCT) manager; provide funds to work with the Pacific Crest Trail Association; and aid PCT trail relocation reviews. The Forest Service should make every effort to work with volunteer groups, which contribute work, time, and money to enhance Federal resources.
Infrastructure Improvement.--The Committee recommends $13,000,000 for infrastructure improvement, $3,275,000 above the budget request and $829,000 below the fiscal year 2005 enacted level. The Committee has included $2,000,000 for the region 6 fish passage program.
LAND ACQUISITION
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $61,007,000
Budget estimate, 2006 40,000,000
Recommended, 2006 15,000,000
Comparison:
Appropriation, 2005 -46,007,000
Budget estimate, 2006 -25,000,000
----------------------------------------
The Committee recommends $15,000,000 for land acquisition, a decrease of $25,000,000 below the budget request and $46,007,000 below the enacted level. This amount includes $13,000,000 for acquisition management, $500,000 for cash equalization, and $1,500,000 for inholdings.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $1,054,000
Budget estimate, 2006 1,069,000
Recommended, 2006 1,069,000
Comparison:
Appropriation, 2005 +15,000
Budget estimate, 2006 0
---------------------------------------
The Committee recommends $1,069,000 for acquisition of lands for National forests, special acts, as requested. These funds are used pursuant to several special acts, which authorize appropriations from the receipts of specified National forests for the purchase of lands to minimize erosion and flood damage to critical watersheds needing soil stabilization and vegetative cover.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
-------------------------------------
-------------------------------------
Appropriation enacted, 2005 $231,000
Budget estimate, 2006 234,000
Recommended, 2006 234,000
Comparison:
Appropriation, 2005 +3,000
Budget estimate, 2006 0
-------------------------------------
The Committee recommends an indefinite appropriation estimated to be $234,000, as requested, for acquisition of lands to complete land exchanges under the Act of December 4, 1967 (16 U.S.C. 484a). Under the Act, deposits made by public school districts or public school authorities to provide for cash equalization of certain land exchanges can be appropriated to acquire similar lands suitable for National forest system purposes in the same State as the National forest lands conveyed in the exchanges.
RANGE BETTERMENT FUND
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $3,021,000
Budget estimate, 2006 2,963,000
Recommended, 2006 2,963,000
Comparison:
Appropriation, 2005 -58,000
Budget estimate, 2006 0
---------------------------------------
The Committee recommends an indefinite appropriation estimated to be $2,963,000, as requested, for the range betterment fund, to be derived from grazing receipts from the National forests (Public Law 94-579, as amended) and to be used for range rehabilitation, protection, and improvements including seeding, reseeding, fence construction, weed control, water development, and fish and wildlife habitat enhancement in 16 western States.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
------------------------------------
------------------------------------
Appropriation enacted, 2005 $64,000
Budget estimate, 2006 64,000
Recommended, 2006 64,000
Comparison:
Appropriation, 2005 0
Budget estimate, 2006 0
------------------------------------
The Committee recommends $64,000, the budget estimate, for gifts, donations and bequests for forest and rangeland research. Authority for the program is contained in Public Law 95-307 (16 U.S.C. 1643, section 4(b)). Amounts appropriated and not needed for current operations may be invested in public debt securities. Both the principal and earnings from the receipts are available to the Forest Service.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $5,879,000
Budget estimate, 2006 5,467,000
Recommended, 2006 5,467,000
Comparison:
Appropriation, 2005 -412,000
Budget estimate, 2006 0
---------------------------------------
The Committee recommends $5,467,000, the same as the budget request and $412,000 below the enacted level, for the management of national forest lands for subsistence uses in Alaska.
ADMINISTRATIVE PROVISIONS, FOREST SERVICE
The Committee has continued administrative provisions contained in previous years. The Committee has also continued the wildland fire transfer authority, which allows use of funds from other accounts available to the Forest Service during wildfire emergencies when other wildfire emergency funds are not available. As was the case last year, the first transfer of funds into the wildland fire management account shall include unobligated funds from the land acquisition and the forest legacy accounts.
The Committee limits funding for the working capital fund of the Department of Agriculture to the $72,646,000 requested in the budget. As discussed under the law enforcement program heading, the Committee has included bill language allowing a transfer of funds consistent with the budget request special exhibit 15.
The Committee continues the authority for transfers to the National Forest Foundation and the National Fish and Wildlife Foundation. The Committee notes that it is acceptable for these foundations to make grants to Federal recipients, including Forest Service offices. The Committee allows $250,000 in administrative funds to be used by the National Forest Foundation, but encourages the Foundation to work to be independent of this Federal administrative funding support like the National Park and National Fish and Wildlife Foundations.
The Committee remains very concerned about how the Forest Service has implemented the `Competitive Sourcing' initiative. This effort was mismanaged in the past. Accordingly, this issue is addressed once again in bill language, included under Title IV--General Provisions, limiting the use of funds for competitive sourcing efforts and providing certain other guidance. Competitive sourcing efforts may continue, but the cost is limited to $2,500,000, a 25% increase over the fiscal year 2005 limitation.
The Committee is concerned that the Forest Service has an inadequate ability to obtain and produce reliable performance data that the Congress and the public can utilize to assess management effectiveness. The Committee notes the recent USDA-OIG audit (March 2005) that assessed the agency's long-term challenges regarding the results act, and presented findings on the lack of adequate performance data. The Committee directs the Forest Service to develop and implement a system of internal controls to ensure improved agency performance data in fiscal year 2006 and to include a presentation on this improvement as part of the next budget justification. As part of this effort, the Chief should implement policies that hold agency line officers accountable for reporting more accurate performance data in 2006 and establishing an independent review process to validate the reported information. Measurable indicators should be maintained for line officer progress on programs and accomplishments. This information should be readily available to Congress and the public.
The Committee recognizes that the Forest Service is engaged in two large efforts to improve administrative functions through detailed and expensive business process reengineering of financial services and human resources. The Committee supports efforts to improve in these areas, but it is concerned that the efforts may not be adequately documented and open to public scrutiny. Therefore, the Committee directs the Forest Service to provide quarterly reports on business process reengineering efforts and transmit these to the House and Senate Committees on Appropriations and post them in an easily found location on the agency web-site. The Committee expects the Forest Service, working closely with the Department of Agriculture, to provide adequate Congressional notification at key benchmarks in these processes, and directs the Forest Service to document the funding requirements and accomplishments in subsequent budget justifications.
The Committee recently completed a detailed review of the use of reserve fund accounts by the land managing agencies. The Committee found that the Forest Service has generally had acceptable use of this fund. The Committee directs the Forest Service to notify the House and Senate Committees on Appropriations before making allocations in excess of $500,000 from this account. The Committee also requests that future budget justification displays on this fund include a complete presentation of spending from the fund during the most recent complete fiscal year, with a brief explanation why the uses were indeed important, unanticipated, and appropriate.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
The provision of Federal health services to Indians is based on a special relationship between Indian tribes and the U.S. Government first set forth in the 1830s by the U.S. Supreme Court under Chief Justice John Marshall. Numerous treaties, statutes, constitutional provisions, and international law have reconfirmed this relationship. Principal among these is the Snyder Act of 1921, which provides the basic authority for most Indian health services provided by the Federal Government to American Indians and Alaska Natives. The Indian Health Service (IHS) provides direct health care services in 36 hospitals, 59 health centers, 2 school health centers, and 49 health stations. Tribes and tribal groups, through contracts and compacts with the IHS, operate 13 hospitals, 172 health centers, 3 school health centers, and 260 health stations (including 176 Alaska Native village clinics). The IHS, tribes, and tribal groups also operate 9 regional youth substance abuse treatment centers and 2,252 units of staff quarters.
-------------------------------------------
-------------------------------------------
Appropriation enacted, 2005 $2,596,492,000
Budget estimate, 2006 2,732,298,000
Recommended, 2006 2,732,298,000
Comparison:
Appropriation, 2005 +135,806,000
Budget estimate, 2006 0
-------------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $2,732,298,000 for Indian health services, the same as the budget request and $135,806,000 above the fiscal year 2005 level.
The Committee has retained the requested operational increases in the health services programs, including the increases to mental health and substance abuse programs. The Committee suggests that the IHS direct some of the increased funding to combating youth violence and illicit drug problems in Indian country. The Committee urges the Administration to continue to request increases in these areas in future budget requests. The Committee reiterates that all program funding under this appropriation is to be treated as recurring programs in future years unless expressly stated to the contrary.
Bill Language.--Language is included under Indian Health Services to ensure that all American Indian and Alaska Native children with disabilities have access to the services afforded to them through the Individuals with Disabilities Education Act. The Act provides for the creation of a comprehensive system of coordinated services to ensure adequate health and human services for all American Indian and Alaska Native children with disabilities enrolled in Bureau-funded schools and this provision provides the mechanism for identifying these children to ensure that all eligible children have access to such services.
INDIAN HEALTH FACILITIES
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $388,574,000
Budget estimate, 2006 315,668,000
Recommended, 2006 370,774,000
Comparison:
Appropriation, 2005 -17,800,000
Budget estimate, 2006 +55,106,000
-----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $370,774,000 for Indian health facilities, $17,800,000 below the fiscal year 2005 level and $55,106,000 above the budget request. Changes to the request include increases of $5,000,000 for maintenance and improvements, $46,806,000 for health care facilities construction and $3,300,000 for medical equipment.
The Committee agrees to the following distribution of health care facilities construction funds:
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Project 2006 request Committee recommendation
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Kayenta, AZ Health Center 0 $3,878,000
San Carlos, AZ Health Center 0 6,139,000
Fort Belknap, MT quarters 3,326,000 3,326,000
Southern California Regional Treatment Center 0 11,242,000
Northern California Regional Treatment Center 0 11,547,000
Small Ambulatory Facilities 0 10,000,000
Dental Facilities Program 0 4,000,000
Total 3,326,000 50,132,000
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The Committee agrees to the following:
1. The Service should continue to apply a cap of $2,000,000 for any single small ambulatory facility project and most, if not all, projects should be funded substantially below that level.
2. The increase for equipment should be focused on replacing outdated medical equipment and should remain in the base budget. The Committee urges the Service and the Office of Management and Budget to request increases in this activity. Existing medical equipment in Indian country is rapidly becoming outdated and needs are increasing as more hospitals and clinics are built and expanded.
3. Funds for sanitation facilities for new and renovated housing should be used to serve housing provided by the Bureau of Indian Affairs housing improvement program, new homes, and homes renovated to like-new condition. Onsite sanitation facilities may also be provided for homes occupied by the disabled or sick who have physician referrals indicating an immediate medical need for adequate sanitation facilities at home.
4. Sanitation funds should not be used to provide sanitation facilities for new homes funded by the housing programs of the Department of Housing and Urban Development. The HUD should provide any needed funds to the IHS for that purpose.
5. The IHS may use up to $5,000,000 in sanitation funding for projects to clean up and replace open dumps on Indian lands pursuant to the Indian Lands Open Dump Cleanup Act of 1994.
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The National Institute of Environmental Health Sciences, an agency within the National Institutes of Health, was authorized in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to conduct certain research and worker training activities associated with the Nation's Hazardous Substance Superfund program.
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $79,842,000
Budget estimate, 2006 80,289,000
Recommended, 2006 80,289,000
Comparison:
Appropriation, 2005 +447,000
Budget estimate, 2006 0
----------------------------------------
The Committee recommends $80,289,000, the budget request, for the National Institute of Environmental Health Sciences, an increase of $447,000 above the fiscal year 2005 level.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The Agency for Toxic Substances and Disease Registry (ATSDR), an agency of the Public Health Service, was created in section 104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. The ATSDR's primary mission is to conduct surveys and screening programs to determine relationships between exposure to toxic substances and illness. Other activities include the maintenance and annual update of a list of hazardous substances most commonly found at Superfund sites, the preparation of toxicological profiles on each such hazardous substance, consultations on health issues relating to exposure to hazardous or toxic substances, and the development and implementation of certain research activities related to ATSDR's mission.
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $76,041,000
Budget estimate, 2006 76,024,000
Recommended, 2006 76,024,000
Comparison:
Appropriation, 2005 -17,000
Budget estimate, 2006 0
----------------------------------------
The Committee recommends $76,024,000, the budget request, for toxic substances and environmental public health, a decrease of $17,000 below the fiscal year 2005 level.
The Committee expects the Agency to provide periodic updates on its study of the health effects of naturally occurring asbestos, which is due to the Committee by September 30, 2006.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The Council on Environmental Quality (CEQ) was established by Congress under the National Environmental Policy Act of 1969 (NEPA). The Office of Environmental Quality (OEQ), which provides professional and administrative staff for the Council, was established in the Environmental Quality Improvement Act of 1970. The Council on Environmental Policy has statutory responsibility under NEPA for environmental oversight of all Federal agencies and leads interagency decision-making of all environmental matters.
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $3,258,000
Budget estimate, 2006 2,717,000
Recommended, 2006 2,717,000
Comparison:
Appropriation, 2005 -541,000
Budget estimate, 2006 0
---------------------------------------
The Committee recommends $2,717,000 for the Council on Environmental Quality and Office of Environmental Quality, the same as the budget request and $541,000 below the enacted level. The Committee commends this office for achieving administrative savings.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
The Chemical Safety and Hazard Investigation Board was authorized by the Clean Air Act Amendments of 1990 to investigate accidental releases of certain chemical substances resulting in, or that may cause, serious injury, death, substantial property damage, or serious adverse effects on human health. The Board became operational in fiscal year 1998.
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $9,424,000
Budget estimate, 2006 9,200,000
Recommended, 2006 9,200,000
Comparison:
Appropriation, 2005 -224,000
Budget estimate, 2006 0
---------------------------------------
The Committee recommends $9,200,000, the budget request, for salaries and expenses of the Chemical Safety and Hazard Investigation Board, a decrease of $224,000 below the fiscal year 2005 level.
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
The dispute between the Hopi and Navajo tribes is centuries-old. The Hopi trace their origin on the land back to the Anasazi race whose presence is recorded back to 1150 A.D. Later in the 16th century Navajo settlement led to the isolation of the Hopi Reservation as an island within the area occupied by the Navajo reservation. In 1882, President Arthur issued an Executive Order, which granted the Hopi a 2.5 million acre reservation to be occupied by the Hopi and such other Indians as the Secretary of the Interior saw fit to resettle there. Intertribal problems arose between the Navajo tribe and the Hopi tribe revolving around the question of the ownership of the land as well as cultural differences between the two tribes. Efforts to resolve these conflicts were not successful and led Congress to pass legislation in 1958, which authorized a lawsuit to determine ownership of the land. When attempts at mediation of the dispute as specified in an Act passed in 1974 failed, the district court in Arizona partitioned the Joint Use Area equally between the Navajo and Hopi tribes under a decree that has required the relocation of members of both tribes. Most of those to be relocated are Navajo living on the Hopi partitioned land.
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $4,930,000
Budget estimate, 2006 8,601,000
Recommended, 2006 8,601,000
Comparison:
Appropriation, 2005 +3,671,000
Budget estimate, 2006 0
---------------------------------------
The Committee recommends $8,601,000 for salaries and expenses of the Office of Navajo and Hopi Indian Relocation, the same as the budget request and $3,671,000 above the fiscal year 2005 enacted level.
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT
PAYMENT TO THE INSTITUTE
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $5,916,000
Budget estimate, 2006 6,300,000
Recommended, 2006 6,300,000
Comparison:
Appropriation, 2005 +384,000
Budget estimate, 2006 0
---------------------------------------
The Committee recommends $6,300,000 for the Institute of American Indian and Alaska Native Culture and Arts Development, the same as the budget request and $384,000 above the fiscal year 2005 enacted level.
SMITHSONIAN INSTITUTION
The Smithsonian Institution is the world's largest museum and research complex, with 17 museums and galleries, the National Zoo, and nine research centers around the world. Funded by both private and Federal sources, the Smithsonian is unique in the Federal establishment. Created by an act of Congress in 1846 to carry out the trust included in James Smithson's will, it has been engaged for more than 150 years in the `increase and diffusion of knowledge.' In 2004, the Smithsonian attracted more than 20,000,000 visitors to its museums, galleries, and zoological park. Additional millions also view Smithsonian traveling exhibitions and participate in the annual Folklife Festival on the National Mall. As custodian of the National Collections, the Smithsonian is responsible for more than 140 million art objects, natural history specimens, and artifacts. These scientific and cultural collections are a vital resource for global research and conservation efforts. The collections are displayed for the enjoyment and education of visitors and are available for research by the staff of the Institution and by hundreds of visiting students, scientists, and historians each year.
SALARIES AND EXPENSES
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $489,035,000
Budget estimate, 2006 524,135,000
Recommended, 2006 524,381,000
Comparison:
Appropriation, 2005 +35,346,000
Budget estimate, 2006 +246,000
-----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $524,381,000 for salaries and expenses, an increase of $246,000 above the budget request and an increase of $35,346,000 above the enacted level. The recommendation includes $300,000 to continue the Tropical Research Institute's work in microorganisms in tropical soil. The Committee notes that the new National Museum of African American History and Culture is just now beginning to hire staff and begin its planning effort, therefore its funding is maintained at the enacted level.
The Committee supports the Smithsonian's effort to focus Federal funding on basic maintenance and facilities operations, hence the recommendation includes the requested increases, above the enacted levels, of $6,309,000 for facilities maintenance and $12,268,000 for facilities operations, security and support. In addition, the Committee recommendation redirects into the facilities maintenance account $500,000 of the funding increase requested for institution-wide programs and $400,000 from the administration account. This still leaves the administration account with a 2.5% increase above the enacted level. The facilities maintenance account includes other redirected funds and a small program increase, giving it a total funding level of $47,680,000; this is $2,000,000 above the request and $8,309,000 above the fiscal year 2005 enacted level, representing a 21% increase over the enacted.
FACILITIES CAPITAL
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $126,123,000
Budget estimate, 2006 90,900,000
Recommended, 2006 90,900,000
Comparison:
Appropriation, 2005 -35,223,000
Budget estimate, 2006 0
-----------------------------------------
The Committee recommends $90,900,000 for facilities capital, as requested, a reduction of $35,223,000 below the enacted level. The Committee recommendation redirects $1,000,000 of the requested increase for facilities planning and design into the revitalization account for use on the Asia II exhibit at the National Zoological Park. In addition, the Committee directs the Smithsonian to redirect $8,000,000 of the requested funding for the wetland exhibit into the Asia II exhibit project. It is important that the Asia II exhibit not be delayed; it is a vital part of the park and continued exhibition of elephants in a family group can not be maintained without the new project. The Committee also expects that the comprehensive planning effort currently underway at the zoological park is the appropriate tool to determine the best future concept and scope for any rebuilding of a wetlands exhibit.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
The Committee recommendation continues previous bill language included under Administrative Provisions which prohibits the Smithsonian from using funds to purchase any additional buildings without prior consultation with the House and Senate Committees on Appropriations.
NATIONAL GALLERY OF ART
The National Gallery of Art is one of the world's great galleries. Its magnificent works of art are displayed for the benefit of millions of visitors from across this Nation and from other nations. The National Gallery of Art serves as an example of a successful cooperative endeavor between private individuals and institutions and the Federal Government. The many special exhibitions shown in the Gallery and then throughout the country bring great art treasures to Washington and the Nation. In 1999, the Gallery opened a sculpture garden, which provides a wonderful opportunity for the public to have an outdoor artistic experience in a lovely, contemplative setting.
SALARIES AND EXPENSES
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $91,708,000
Budget estimate, 2006 97,100,000
Recommended, 2006 97,100,000
Comparison:
Appropriation, 2005 +5,392,000
Budget estimate, 2006 0
----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $97,100,000, the budget request, for salaries and expenses of the National Gallery of Art, an increase of $5,392,000 above the fiscal year 2005 level.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $10,946,000
Budget estimate, 2006 16,200,000
Recommended, 2006 16,200,000
Comparison:
Appropriation, 2005 +5,254,000
Budget estimate, 2006 0
----------------------------------------
The Committee recommends $16,200,000, the budget request, for repair, restoration and renovation of buildings at the National Gallery of Art, an increase of $5,254,000 above the fiscal year 2005 level.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
The John F. Kennedy Center for the Performing Arts is a living memorial to the late President Kennedy and is the National Center for the Performing Arts. The Center consists of over 1.5 million square feet of usable floor space with visitation averaging 10,000 on a daily basis.
OPERATIONS AND MAINTENANCE
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $16,914,000
Budget estimate, 2006 17,800,000
Recommended, 2006 17,800,000
Comparison:
Appropriation, 2005 +886,000
Budget estimate, 2006 0
----------------------------------------
The Committee recommends $17,800,000 for operations and maintenance, the same as the budget request and $886,000 above the enacted level.
CONSTRUCTION
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $16,107,000
Budget estimate, 2006 15,200,000
Recommended, 2006 10,000,000
Comparison:
Appropriation, 2005 -6,107,000
Budget estimate, 2006 -5,200,000
----------------------------------------
The Committee recommends $10,000,000 for construction, a decrease of $6,107,000 below the enacted level and $5,200,000 below the budget request.
Oversight- The Committee directed the General Accountability Office (GAO) to conduct an accounting of how the Kennedy Center has managed the $204 million in construction funds provided since 1995 to deal with life safety issues, ADA compliance issues, and other major construction needs. As in previous reports, the GAO raised concerns about construction management, including significant and consistent cost overruns, unresolved life safety issues, and potential fire safety problems.
In the past, the Committee has given the Kennedy Center great flexibility in how it manages Federal construction funds. However, this fexibility has resulted in incomplete life safety projects and incomplete construction projects, such as the Eisenhower Theatre. Managing taxpayer dollars effectively and efficiently as well as ensuring the safety of its patrons should be the Center's highest priorities.
The Kennedy Center has stated that their priority is to not interrupt performances schedules. This is reasonable only if construction projects are managed to avoid significant cost overruns. If the cost-overrun trend continues, the Center will have to provide the balance of funds needed to complete these projects from non-Federal sources.
In the meantime, the Committee strongly encourages the Kennedy Center to implement the GAO recommendations. In particular, future budgets will be required to tie funds requested to specific projects and timelines, similar to other agencies funded in this bill. The Committee also directs the Kennedy Center to make use of the Smithsonian Inspector General for annual oversight and provide quarterly reports to the Committee on the status of all construction projects.
In an effort to resolve the different approaches between GAO and the Kennedy Center regarding fire safety issues, the Committee directs the Kennedy Center to contract with the General Services Administration for a qualified, third party opinion on the situation at the Center and report those findings to the Committee.
The GAO recommendations are as follows:
`1. We recommend that the Chairman of the Board of Trustees for the Kennedy Center exercise greater oversight of the Center's management through the Board of Trustees. The Kennedy Center should work with the Smithsonian OIG, or another independent federal government oversight organization, to provide strategic and annual audits, plans for ongoing oversight of the Kennedy Center's use of Federal funds based on an analysis of risk, safety, and vulnerability to internal control weaknesses. These plans should also specify the audits to be provided on a reimbursable basis by the Smithsonian OIG or another independent Federal government oversight organization.
2. To ensure the safety of the Kennedy Center, we recommend that the Chairman of the Board of Trustees direct the President of the Kennedy Center to implement the following two recommendations:
a. Take steps to better comply with the fire safety code. At a minimum, these steps should include fully implementing the conditions of the modeling study, ensuring that doors in key areas provide adequate separation from fire, and addressing the code deficiencies at the Millennium Stages.
b. Promptly seek peer review by a knowledgeable third party of the egress and fire modeling study used as a substitute for prescriptive code solutions and implement any recommendations. Additionally, consult with recognized experts, such as GSA, to determine whether the Kennedy Center is fully adhering to prevailing professional practices regarding fire life safety issues.
3. To better align the Kennedy Center's management of capital projects, we recommend that the Chairman of the Board of Trustees direct the President of the Kennedy Center to implement the following five recommendations:
a. Provide more timely and accurate information about capital projects by detailing their budget, scope, cost, and schedule, and providing to stakeholders an annual reconciliation of the status of all planned, delayed, eliminated, and actual projects.
b. Take steps to control cost growth and schedule changes in future capital projects by setting more flexible schedules and improving its management of contract modifications.
c. Strengthen the Kennedy Center's financial management controls by designing and implementing comprehensive contract, financial, and project management policies and procedures in accordance with prescribed Federal guidance. These policies and procedures should ensure that:
the Project Management Office prepares inspection reports, or similar documents, when services are performed that include a description of the services performed and the date(s) or period of performance and use this information to verify the validity of contractors' invoices;
complete, up to date costs for construction and other services are recognized and used to prepare quarterly financial reports and manage project costs;
reasonable efforts are made to match invoices with inspection reports and previously paid invoices to prevent or detect duplicate payments;
contractors' invoices meet minimum requirements and contain sufficient detailed information to clearly support the accuracy and validity of invoices; and
for Economy Act transactions, payments to other Federal agencies are for actual costs consistent with the Economy Act agreement.
d. Establish and enforce a documents retention policy that allows for accountability of the Kennedy Center's Federal funds;
e. Have relevant Kennedy Center offices develop as built drawings and better track future changes to the Center.'
The Kennedy Center should report to the Committee by February 15, 2006, and again on December 15, 2006, on the status of implementing the GAO recommendations.
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES AND EXPENSES
The Woodrow Wilson International Center for Scholars is a unique institution with a special mission to serve as a living memorial to President Woodrow Wilson. The Center performs this mandate through its role as an international institute for advanced study as well as a facilitator for discussions among scholars, public officials, journalists and business leaders from across the country on major long-term issues facing this Nation and the world.
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $8,863,000
Budget estimate, 2006 9,201,000
Recommended, 2006 9,085,000
Comparison:
Appropriation, 2005 +222,000
Budget estimate, 2006 -116,000
---------------------------------------
The Committee recommends $9,085,000 for salaries and expenses, $116,000 below the budget request and $222,000 above the 2005 enacted level. This increase is 2.5% above the enacted funding level.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $121,264,000
Budget estimate, 2006 121,264,000
Recommended, 2006 121,264,000
Comparison:
Appropriation, 2005 0
Budget estimate, 2006 0
-----------------------------------------
The amounts recommended by the Committee compared with estimates by activity are shown in the following table:
The Committee recommends $121,264,000 for the National Endowment for the Arts, the same as the budget request and the 2005 enacted level.
Bill language is included, under Title IV--General Provisions, retaining provisions in last year's bill regarding restrictions on individual grants, subgranting, and seasonal support; authority to solicit and invest funds; priority for rural and underserved communities; priority for grants that encourage public knowledge, education, understanding, and appreciation of the arts; designation of a category for grants of national significance; and a 15 percent cap on the total amount of grant funds directed to any one State.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
-----------------------------------------
-----------------------------------------
Appropriation enacted, 2005 $122,156,000
Budget estimate, 2006 122,605,000
Recommended, 2006 122,605,000
Comparison:
Appropriation, 2005 +449,000
Budget estimate, 2006 0
-----------------------------------------
The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:
The Committee recommends $122,605,000 for grants and administration, the same as the budget request and $449,000 above the fiscal year 2005 enacted level.
MATCHING GRANTS
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $15,898,000
Budget estimate, 2006 15,449,000
Recommended, 2006 15,449,000
Comparison:
Appropriation, 2005 -449,000
Budget estimate, 2006 0
----------------------------------------
The Committee recommends $15,449,000 for matching grants, the same as the budget request and the fiscal year 2005 level.
COMMISSION OF FINE ARTS
The Commission of Fine Arts was established in 1910 to meet the need for a permanent body to advise the government on matters pertaining to the arts, and particularly, to guide the architectural development of Washington, DC. Over the years the Commission's scope has been expanded to include advice on areas such as plans for parks, public buildings, location of national monuments and development of public squares. As a result, the Commission annually reviews approximately 500 projects. In fiscal year 1988 the Commission was given responsibility for the National Capital Arts and Cultural Affairs program.
SALARIES AND EXPENSES
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $1,768,000
Budget estimate, 2006 1,893,000
Recommended, 2006 1,893,000
Comparison:
Appropriation, 2005 +125,000
Budget estimate, 2006 0
---------------------------------------
The Committee recommends $1,893,000 for salaries and expenses of the Commission of Fine Arts, as requested, an increase of $125,000 over the enacted funding level.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $6,902,000
Budget estimate, 2006 7,000,000
Recommended, 2006 7,000,000
Comparison:
Appropriation, 2005 +98,000
Budget estimate, 2006 0
---------------------------------------
The National Capital Arts and Cultural Affairs program was established in Public Law 99-190 to support artistic and cultural programs in the Nation's Capital. The Committee recommends $7,000,000, an increase of $98,000 above the 2005 level and the same as the budget request. The Committee accepts the Administration's proposal to limit grants to $400,000 in a single year.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
The National Historic Preservation Act of 1966 established the Advisory Council on Historic Preservation. The Council was reauthorized as part of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333). The Council's mandate is to further the national policy of preserving historic and cultural resources for the benefit of present and future generations. The Council advises the President and Congress on preservation matters and provides consultation on historic properties threatened by Federal action.
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $4,536,000
Budget estimate, 2006 4,988,000
Recommended, 2006 4,860,000
Comparison:
Appropriation, 2005 +324,000
Budget estimate, 2006 -128,000
---------------------------------------
The Committee recommends $4,860,000 for salaries and expenses of the Advisory Council on Historic Preservation, a decrease of $128,000 below the budget request and $324,000 above the enacted level.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
The National Capital Planning Act of 1952 designated the National Capital Planning Commission as the central planning agency for the Federal government in the National Capital Region. The three major functions of the Commission are to prepare and adopt the Federal elements of the National Capital Comprehensive Plan, prepare an annual report on a five-year projection of the Federal Capital Improvement Program, and review plans and proposals submitted to the Commission.
---------------------------------------
---------------------------------------
Appropriation enacted, 2005 $7,888,000
Budget estimate, 2006 8,344,000
Recommended, 2006 8,177,000
Comparison:
Appropriation, 2005 +289,000
Budget estimate, 2006 -167,000
---------------------------------------
The Committee recommends $8,177,000, for salaries and expenses of the National Capital Planning Commission, a decrease of $167,000 below the budget request and an increase of $289,000 above the enacted level. The Committee has included bill language allowing the use of up to one-quarter of one percent of funding for official representational activities to be used only when hosting international visitors associated with the international capitals working group.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
In 1980, Congress passed legislation creating a 65 member Holocaust Memorial Council with the mandate to create and oversee a living memorial/museum to victims of holocausts. The museum opened in April 1993. Construction costs for the museum came solely from donated funds raised by the U.S. Holocaust Memorial Museum Campaign and appropriated funds were used for planning and development of programmatic components, overall administrative support, and annual commemorative observances. Since the opening of the museum, appropriated funds have been provided to pay for the ongoing operating costs of the museum as authorized by Public Law 102-529 and Public Law 106-292.
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $40,858,000
Budget estimate, 2006 43,233,000
Recommended, 2006 41,880,000
Comparison:
Appropriation, 2005 +1,022,000
Budget estimate, 2006 -1,353,000
----------------------------------------
The Committee recommends $41,880,000 for the Holocaust Memorial Museum, a decrease of $1,353,000 below the budget request and $1,022,000 above the enacted level. This increase is 2.5% above the enacted funding level. The Committee encourages the Council to keep the Committee informed of substantive work plan changes and to inform the Committee if there is a need to move maintenance funds to repair damages to the Ross office building.
PRESIDIO TRUST
PRESIDIO TRUST FUND
----------------------------------------
----------------------------------------
Appropriation enacted, 2005 $19,722,000
Budget estimate, 2006 20,000,000
Recommended, 2006 20,000,000
Comparison:
Appropriation, 2005 +278,000
Budget estimate, 2006 0
----------------------------------------
The Committee recommends $20,000,000 for the Presidio Trust fund, the same as the budget request and $278,000 above the enacted level.
WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF REMEMBRANCE
SALARIES AND EXPENSES
-------------------------------------
-------------------------------------
Appropriation enacted, 2005 $248,000
Budget estimate, 2006 250,000
Recommended, 2006 250,000
Comparison:
Appropriation, 2005 +2,000
Budget estimate, 2006 0
-------------------------------------
The White House Commission on the National Moment of Remembrance, established by Public Law 106-579, was created to (1) sustain the American spirit through acts of remembrance, not only on Memorial Day, but throughout the year; (2) institutionalize the National Moment of Remembrance; and (3) to enhance the commemoration and understanding of Memorial Day. The Committee recommends an appropriation of $250,000, an increase of $2,000 above the fiscal year 2005 enacted level and the same as the level requested by the President.
TITLE IV--GENERAL PROVISIONS
Section 401 continues a provision providing for public availability of information on consulting services contracts.
Section 402 continues a provision prohibiting activities to promote public support or opposition to legislative proposals.
Section 403 continues a provision providing for annual appropriations unless expressly provided otherwise in this Act.
Section 404 continues a provision limiting the use of personal cooks, chauffeurs or servants.
Section 405 provides for restrictions on departmental assessments unless approved by the Committees on Appropriations.
Section 406 continues a provision limiting the sale of giant sequoia.
Section 407 continues a limitation on accepting and processing applications for patents and on the patenting of Federal lands; permits processing of grandfathered applications; and permits third-party contractors to process grandfathered applications.
Section 408 continues a provision limiting payments for contract support costs in past years to the funds available in law and accompanying report language in those years for the Bureau of Indian Affairs and the Indian Health Service.
Section 409 continues a provision specifying reforms and limitations dealing with the National Endowment for the Arts.
Section 410 continues a provision permitting the collection and use of private funds by the National Endowment for the Arts and the National Endowment for the Humanities.
Section 411 continues direction to the National Endowment for the Arts on funding distribution.
Section 412 continues a limitation on completing and issuing the five-year program under the Forest and Rangeland Renewable Resources Planning Act.
Section 413 continues a provision prohibiting the use of funds to support government-wide administrative functions unless they are justified in the budget process and approved by the House and Senate Committees on Appropriations.
Section 414 continues a provision permitting the Forest Service to use the roads and trails fund for backlog maintenance and priority forest health treatments.
Section 415 continues a provision limiting the use of answering machines during core business hours except in case of emergency and requires an option of talking to a person. The American taxpayer deserves to receive personal attention from public servants.
Section 416 continues a provision clarifying the Forest Service land management planning revision requirements.
Section 417 continues a provision limiting preleasing, leasing, and related activities within the boundaries of National monuments.
Section 418 extends the Forest Service Conveyances Pilot Program.
Section 419 continues a provision providing the Secretary of the Interior and the Secretary of Agriculture the authority to enter into reciprocal agreements with foreign nations concerning the personal liability of firefighters.
Section 420 continues a provision prohibiting the transfer of funds to other agencies other than provided in this Act.
Section 421 continues a provision authorizing the Secretary of the Interior and the Secretary of Agriculture to give consideration to rural communities, local and non-profit groups, and disadvantaged workers in entering into contracts for hazardous fuels and watershed projects.
Section 422 continues a provision limiting the use of funds for filing declarations of takings or condemnations. This provision does not apply to the Everglades National Park Protection and Environmental Act.
Section 423 provides guidance on competitive sourcing activities and clarifies annual reporting requirements to specify the reporting of the full costs associated with sourcing studies and related activities. Language is also included concerning the Forest Service so the problems associated with the previous, faulty competitive sourcing studies are not repeated in the future.
Section 424 requires overhead charges, deductions, reserves or holdbacks to be presented in annual budget justifications, with changes presented to the Appropriations Committees for approval.
Section 425 prohibits the expenditure of funds on Safecom and Disaster Management.
Section 426 limits contracts for the operation of the National Recreational Reservation Center.
Section 427 enhances Forest Service administration of rights-of-way and land uses.
Section 428 extends the authorization for the Service First program.
Section 429 allows the Secretary of Agriculture to complete an exchange of a leasehold interest at the San Bernardino International Airport for lands and buildings located adjacent to the former Norton Air Force Base in California.This exchange will allow the Secretary to relocate the forest supervisor's office of the San Bernardino National Forest into buildings owned by the United States, which will result in lease cost savings and improved service to the public.
Section 430 requires a report of the expenditure of funds pursuant to the Southern Nevada Public Lands Management Act.
Section 431 continues a legislative provision limiting funds for oil and gas leasing or permitting on the Finger Lakes National Forest, NY.
RESCISSIONS
Pursuant to clause 3(f)(2), rule XIII of the Rules of the House of Representatives, the following table is submitted describing the rescissions recommended in the accompanying bill:
| Amounts | |
| recommended for | |
| Department and activity | rescission |
| Department of the Interior: Land and Water Conservation Fund (contract authority) | $30,000,000 |
| Environmental Protection Agency: various accounts (rescissions are under State and Tribal Assistance Grants heading) | 100,000,000 |
TRANSFERS OF FUNDS
Pursuant to clause 3(f)(2), rule XIII of the Rules of the House of Representatives, the following table is submitted describing the transfers of funds provided in the accompanying bill.
APPROPRIATION TRANSFERS RECOMMENDED IN THE BILL
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Account from which transfer is to be made Amount Account to which transfer is to be made Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Department of the Interior, Bureau of Land Management, Wildland Fire Management $9,000,000 Department of Agriculture, U.S. Forest Service, Wildland Fire Management $9,000,000
Environmental Protection Agency, Hazardous Substance Superfund 13,536,000 Office of Inspector General 13,536,000
Environmental Protection Agency, Hazardous Substance Superfund 30,605,000 Science and Technology 30,605,000
Department of Agriculture, U.S. Forest Service, Wildland Fire Management 9,000,000 Department of the Interior, Bureau of Land Management, Wildland Fire Management 9,000,000
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CHANGES IN APPLICATION OF EXISTING LAW
Pursuant to clause 3, rule XIII of the Rules of the House of Representatives, the following Statements are submitted describing the effect of provisions in the accompanying bill, which directly or indirectly change the application of existing law. In most instances these provisions have been included in prior appropriations Acts.
The Bill includes the following changes in application of existing law:
OVERALL BILL
Providing that certain appropriations remain available until expended or extends the availability of funds beyond the fiscal year where programs or projects are continuing but for which legislation does not specifically authorize such extended availability. This authority tends to result in savings by preventing the practice of committing funds on low priority projects at the end of the fiscal year to avoid losing the funds.
Limiting, in certain instances, the obligation of funds for particular functions or programs. These limitations include restrictions on the obligation of funds for administrative expenses, travel expenses, the use of consultants, and programmatic areas within the overall jurisdiction of a particular agency.
Limiting official entertainment or reception and representation expenses for selected agencies in the bill.
Continuing ongoing activities of those Federal agencies, which require annual authorization or additional legislation, which has not been enacted.
TITLE I--DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
Permitting the use of receipts from the Land and Water Conservation Act of 1965.
Providing funds to the National Fish and Wildlife Foundation under certain conditions.
Permitting the use of fees from communication site rentals.
Permitting the collection of fees for processing mining applications and for certain public land uses.
Permitting the use of mining fee collections for program operations.
Providing for a Youth Conservation Corp.
WILDLAND FIRE MANAGEMENT
Permitting the use of funds from other accounts for firefighting.
Permitting the use of funds for lodging and subsistence of firefighters.
Permitting the acceptance and use of funds for firefighting.
Permitting the use of grants, contracts and cooperative agreements for hazardous fuels reduction, including cost-sharing and local assistance.
Permitting reimbursement to the Fish and Wildlife Service and the National Marine Fisheries Service for consultation activities under the Endangered Species Act.
Permitting the use of firefighting funds for the leasing of properties or the construction of facilities.
Providing for the transfer of funds between the Department of the Interior and the Department of Agriculture.
Providing funds for support of Federal emergency response actions.
OREGON AND CALIFORNIA GRANT LANDS
Authorizing the transfer of collections from the Oregon and California Land Grants Fund to the Treasury.
FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND
Permitting the use of salvage timber receipts in the forest ecosystems health and recovery fund.
RANGE IMPROVEMENT FUND
Providing for the use of receipts for the range improvement fund.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
Allowing the use of service charges, deposits and forfeitures funds on any damaged public lands.
ADMINISTRATIVE PROVISIONS
Permitting the payment of rewards for information on violations of law on Bureau lands
Providing for costsharing arrangements for printing services.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
Allowing for the maintenance of the herd of longhorned cattle on the Wichita Mountains Wildlife Refuge. Without this language, the longhorned cattle would have to be removed from the refuge.
Providing for the Natural Communities Conservation Planning program and for a Youth Conservation Corps.
Limiting funding for certain Endangered Species Act listing programs.
Permitting payment for information or rewards in the law enforcement program.
Earmarking funds for contaminant analysis.
LANDOWNER INCENTIVE PROGRAM
Providing matching landowner incentive grants to States and territories.
PRIVATE STEWARDSHIP GRANTS PROGRAM
Providing private stewardship grants for private conservation efforts.
STATE TRIBAL WILDLIFE GRANTS
Specifying the State and Tribal Wildlife grants distribution formula, the planning and cost-sharing requirements, requiring that funds unobligated after two years be reapportioned, and limiting administrative costs.
CONSTRUCTION
Providing for repair of damage to public roads.
LAND ACQUISITION
Providing options for the purchase of land not to exceed $1.
Prohibiting the use of land acquisition project funds for certain administrative expenses.
ADMINISTRATIVE PROVISIONS
Providing for installation of certain recreation facilities.
Permitting the maintenance and improvement of aquaria and other facilities.
Permitting costshared arrangements for printing services.
Permitting the use of funds for employment related legal services.
Permitting the acceptance of donated aircraft.
Limiting the use of funds for establishing new refuges.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
Allowing road maintenance service to trucking permitees reimbursable basis. This provision has been included in in annual appropriations Acts since 1954.
Providing for a Youth Conservation Corps program.
UNITED STATES PARK POLICE
Permitting reimbursement to the Park Police for special events under limited circumstances.
NATIONAL RECREATION AND PRESERVATION
Prohibiting the use of cooperative agreements and any form of cash grant for the rivers, trail, and conservation assistance program.
HISTORIC PRESERVATION FUND
Providing grants for Save America's Treasures to be matched by non-Federal funds, that individual projects are only eligible for one grant and are subject to prior approval, and that funds for Federal projects are available by transfer to individual agencies.
CONSTRUCTION
Limiting funds for Park Service Partnership projects with certain exceptions.
Limiting donation or services associated with new facilities.
Limiting funds for certain facilities at the Washington Monument.
Providing funds for modified water deliveries to Everglades National Park with certain restrictions.
Limiting funds for Dayton Aviation Heritage National Historical Park.
LAND AND WATER CONSERVATION FUND
Rescinding $30,000,000 in land and water conservation fund contract authority.
ADMINISTRATIVE PROVISIONS
Limiting funds for grants and contracts that don't include the text of 18 U.S.C. 1913.
Preventing the implementation of an agreement for the redevelopment of the southern end of Ellis Island.
Allowing funds to be used to maintain certain parts of the District of Columbia near the White House.
Limiting the use of funds for the United Nation's Biodiversity Convention.
Permitting the use of funds for workplace safety needs.
Authorizing reimbursable agreements in advance of receipt of funds.
Allowing the Secretary of the Interior to appeal value determinations.
Allowing certain franchise fees to be available for expenditure without further appropriation to extinguish or reduce liability for certain possessory interests.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
Providing for two-year availability of funds for biological research and for the operations of cooperative research units.
62. Prohibiting the conduct of new surveys on private property without permission.
Requiring cost sharing for cooperative topographic mapping and water resource data collection activities.
Permitting reimbursement of funds to the General Services Administration for security services.
Permitting contracting for certain mapping and surveys.
Permitting construction of facilities.
Permitting acquisition of land for certain uses.
Allowing payment of expenses for the National Committee on Geology.
Permitting payments to interstate compact negotiators.
ADMINISTRATIVE PROVISIONS
Permitting the use of certain contracts, grants, and cooperative agreements.
Recognizing students and recent graduates as Federal employees for the purposes of travel and work injury compensation.
MINERALS MANAGEMENT SERVICE
ROYALTY AND OFFSHORE MINERALS MANAGEMENT
Permitting the use of excess receipts from Outer Continental Shelf leasing activities.
Providing for reasonable expenses related to volunteer beach and marine cleanup activities.
Providing for refunds for overpayments on Indian allottee leases.
Providing for collecting royalties and late payment interest on amounts received in settlements associated with Federal and Indian leases.
Permitting the use of revenues from a royalty-in-kind program.
Providing that royalty-in-kind be equal to, or greater than, royalty-in-value.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
Permitting the use of moneys collected pursuant to assessment of civil penalties to reclaim lands affected by coal mining after August 3, 1977.
Permitting payment to State and tribal personnel for travel and per diem expenses for training.
ABANDONED MINE RECLAMATION FUND
Earmarking Abandoned Mine Reclamation funds for acid mine drainage.
Limiting grants to minimum program States.
Allowing the use of debt recovery to pay for debt collection.
Reallocates amounts in the Abandoned Mine Land Reclamation fund dedicated to the rural program (collected under section 402(g)(2) of the Surface Mining Control and Reclamation Act of 1977), which has not been used in 10 years, to the federal share portion of the fund (section 402(g)(3)).
Allowing funds to be used for travel expenses while attending training.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
Limiting funds for contract support costs and for administrative cost grants for schools.
Permitting the use of tribal priority allocations for general assistance payments to individuals, for contract support costs, and for repair and replacement of schools.
Providing for an Indian self-determination fund.
Allowing the transfer of certain forestry funds.
CONSTRUCTION
Providing that six percent of Federal Highway Trust Fund contract authority may be used for construction management costs.
Providing Safety of Dams funds on a nonreimbursable basis.
Providing for the transfer of Navajo irrigation project funds to the Bureau of Reclamation.
Requiring the use of administrative and cost accounting principles for certain school construction projects and exempting such projects from certain requirements.
Requiring conformance with building codes and health and safety standards.
Specifying the procedure for dispute resolution.
Allowing the Secretary to assume control of a construction project under certain conditions.
Allowing reimbursement of construction costs from the Office of Special Trustee.
MISCELLANEOUS PAYMENTS TO INDIANS
Permitting funding for the Quinault Indian Nation boundary settlement.
INDIAN GUARANTEED LOAN PROGRAM
Limiting Indian guaranteed loan program funds for loans under certain circumstances and providing administrative expenses.
ADMINISTRATIVE PROVISIONS
Allowing contracting for the San Carlos Irrigation Project.
Limiting the use of funds for contracts, grants and cooperative agreements.
Allowing tribes to return appropriated funds for distribution to other tribes.
Prohibiting funding of Alaska schools.
Limiting the number of schools and the expansion of grade levels in individual schools.
DEPARTMENTAL OFFICES
INSULAR AFFAIRS, ASSISTANCE TO TERRITORIES
Requiring audits of the financial transactions of the Territorial governments by the GAO.
Providing grant funding under certain terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands.
Allowing grants for the Pacific Basin Development Council.
Providing a grant to the Close Up foundation.
Providing for capital infrastructure in various Territories.
Allowing appropriations for disaster assistance to be used as non-Federal matching funds for hazard mitigation grants.
DEPARTMENTAL MANAGEMENT, SALARIES AND EXPENSES
Permitting payments to former Bureau of Mines workers.
Limiting the establishment of additional reserves in the working capital fund.
PAYMENTS IN LIEU OF TAXES
Excluding any payment pursuant to the Payments in Lieu of Taxes that is less than $100.
CENTRAL HAZARDOUS MATERIALS FUND
Providing that sums received from a party for remedial actionsshall be credited to the account, and defining nonmonetary payments.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS, FEDERAL TRUST PROGRAMS
Limiting the amount of funding available for the historical accounting of Indian trust fund accounts.
Specifying that the statute of limitations shall not commence on any claim resulting from trust funds losses.
Exempting quarterly statements for Indian trust accounts less than $1.
Requiring annual statements and records maintenance for Indian trust accounts.
Limiting use of funds to correct administrative errors in Indian trust accounts.
Permitting the use of recoveries from erroneous payments pursuant to Indian trust accounts.
OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS, INDIAN LAND CONSOLIDATION
Permitting transfers of funds from Indian land consolidation for administrative expenses.
ADMINISTRATIVE PROVISIONS
Allowing the sale of existing aircraft with proceeds used to offset the purchase price of replacement aircraft.
Prohibiting the use of working capital or consolidated working funds to augment certain offices
Requiring description of working capital fund charges in annual budget justifications.
Requiring Committee approval of departures from Working Capital Fund estimates.
Requiring reports on National Business Center activities.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Allowing transfer of funds in certain emergency situations and requiring replacement with a supplemental appropriation request.
Permitting the Department to consolidate and receive reimbursement for services.
Restricting various oil and gas preleasing, leasing, exploration and drilling activities within the Outer Continental Shelf in the Georges Bank North Atlantic planning area, Mid Atlantic and South Atlantic planning areas, Eastern Gulf of Mexico planning area, North Aleutian Basin planning area, Northern, Southern and Central California planning areas, and Washington/Oregon planning area.
Prohibiting fee exemptions for non-local traffic through National Parks.
Permitting the transfer of funds between the Bureau of Indian Affairs and the Office of Special Trustee for American Indians.
Providing for administrative law judges to handle Indian probate issues.
Permitting the redistribution of certain Indian funds with limitations.
Directing allocation of funds for Bureau of Indian Affairs funded postsecondary schools.
Permitting the conveyance of the Twin Cities Research Center.
Allowing the use of helicopters and motor vehicles on Sheldon and Hart National Wildlife Refuges.
Authorizing funding transfers for Shenandoah Valley Battlefield NHD and Ice Age NST.
Prohibiting the closure of the underground lunchroom at Carlsbad Caverns NP.
Prohibiting demolition of the bridge between New Jersey and Ellis Island.
Limiting compensation for the Special Master and Court Monitor for the Cobell v. Norton litigation.
Allowing payment of attorney fees for Federal employees related to the Cobell v. Norton litigation.
Requiring the Fish and Wildlife Service to mark hatchery salmon.
Allowing for the transfer of certain Departmental Management funds to the U.S. Fish and Wildlife Service for the Midway Island refuge airport.
Addressing the use of certain Indian lands for gaming purposes.
Preventing funds to study or reduce the water level at Lake Powell.
Limiting the amount of fees that may be collected by the National Indian Gaming Commission.
Providing for a tribal trust demonstration program.
Providing for the renewal of certain grazing permits in the Jardbidge Field office of the Bureau of Land Management.
Authorizing the acquisition of lands and leases for Ellis Island.
Permitting the Secretary of the Interior to issue grazing permits within the Mojave National Preserve.
Implementing rules concerning winter snowmobile use at Yellowstone National Park.
Limiting staff and funding for the Department of the Interior, Office of Law Enforcement and Security.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
HAZARDOUS SUBSTANCE SUPERFUND
Providing for the allocation of funds to other Federal agencies under certain circumstances.
Providing for the transfer of funds within certain agency accounts.
STATE AND TRIBAL ASSISTANCE GRANTS
Providing for grants to State, Tribal, and local governments for school bus services, pollution prevention, particulate matter monitoring, and for environmental information exchange grants.
Providing for State authority under Public Law 104-182.
Exempting limitations on State administration expenses at the discretion of the Administrator.
Providing for administrative expenses for the State Revolving Fund.
Limiting funding for certain United States--Mexico border programs under certain conditions.
Providing for the transfer of special project funds, unawarded after 7 years, to the appropriate State Revolving Funds.
Providing that excess funds from completed special projects or from projects determined to be ineligible for a grant be deposited in State Revolving Funds.
ADMINISTRATIVE PROVISIONS
Allowing awards of grants to federally recognized Indian tribes.
Authorizing the collection of pesticide registration service fees.
Providing funds for grants and loans under CERCLA.
Permitting the Administrator to make up to five scientist appointments to the Office of Research and Development.
TITLE III--RELATED AGENCIES
FOREST SERVICE
STATE AND PRIVATE FORESTRY
Deriving forest legacy funding from the Land and Water Conservation Fund.
Requiring notification to the House and Senate Appropriations Committee before releasing forest legacy project funds.
NATIONAL FOREST SYSTEM
Allowing 50 percent of the fees collected under the Land and Water Conservation Fund Act to remain available until expended.
Requiring the budget justification to display unobligated balances available at the start of fiscal year.
WILDLAND FIRE MANAGEMENT
Allowing the use of wildland fire funds to repay advances from other accounts.
Allowing reimbursement of States for certain wildfire emergency activities.
Requiring 50 percent of any unobligated balances remaining at the end of fiscal year 2005, except hazardous fuels funding, to be transferred to the Knutson-Vandenberg Fund as repayment for past advances.
Permitting the use of funds for the joint fire science program.
Permitting the use of forest and rangeland research funds for fire science research.
Permitting the use of funds for emergency rehabilitation and restoration and hazardous fuels reduction to support emergency response and wildfire suppression.
Providing for grants and cooperative agreements with local communities for wildland fires.
Requiring Committee approval for funding transfers.
Providing for the transfer of hazardous fuels funding to the National Forest System.
Providing for use of funds on adjacent, non-Federal lands for hazard reduction.
Providing that funds for wildfire suppression shall be assessed for indirect costs.
Providing for the transfer of wildland fire funds between the Department of the Interior and the Department of Agriculture.
CAPITAL IMPROVEMENT AND MAINTENANCE
Allowing capital improvement and maintenance funds to be used for road decommissioning.
Requiring that no road decommissioning be funded until notice and an opportunity for public comment has been provided.
RANGE BETTERMENT FUND
Providing that six percent of range betterment funds may be used for administrative expenses.
ADMINISTRATIVE PROVISIONS
Providing that proceeds from the sale of aircraft may be used to purchase replacement aircraft.
Allowing funds for certain employment contracts.
Allowing funds to be used for purchase and alteration of buildings.
Allowing for acquisition of certain lands and interests.
Allowing expenses for certain volunteer activities.
Providing for the cost of uniforms.
Providing for debt collections on certain contracts.
Prohibiting the demolition or closing of regional offices.
Permitting the transfer of funds for emergency firefighting from other forest service accounts under certain circumstances.
Providing that the first transfer of funds for emergency firefighting shall include land acquisition and forest legacy funds.
Allowing funds to be used through the Agency for International Development and the Foreign Agricultural Service for work in foreign countries and to support other forestry activities outside of the United States.
Prohibiting the transfer of funds under the Department of Agriculture transfer authority under certain conditions.
Prohibiting reprogramming of funds without approval.
Limiting funds to be transferred to the USDA Working Capital Fund.
Providing for a Youth Conservation Corps program.
Providing for matching funds and administrative expenses for the National Forest Foundation and matching funds for the National Fish and Wildlife Foundation.
Providing funds for sustainable rural development.
Allowing the limited use of funds for law enforcement emergencies.
Providing Federal employee status for certain individuals employed under the Older American Act of 1965.
Permitting the use of funds for education of dependents of personnel stationed in Puerto Rico.
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
Providing that certain contracts and grants may be performed in two fiscal years.
Exempting certain Tribal funding from fiscal year constraints.
Limiting funds for catastrophic care, loan repayment and certain contracts.
Limiting contract support cost spending.
Providing for use of collections and reporting of collections under Title IV of the Indian Health Care Improvement Act.
Permitting the use of Indian Health Care Improvement Fund monies for facilities improvement.
Providing for the collection of individually identifiable health information relating to the Americans with Disabilities Act by the Bureau of Indian Affairs.
Limiting the use of funds for tribal courts.
Limiting the use of funds for overhead expenses.
INDIAN HEALTH FACILITIES
Providing that facilities funds may be used to purchase land, modular buildings and trailers.
Providing for TRANSAM equipment to be purchased from the Department of Defense.
Prohibiting the use of funds for sanitation facilities for new homes funded by the Department of Housing and Urban Development.
Allowing for the purchase of ambulances.
Providing authority for contracts for small ambulatory facilities.
Providing for land purchases for facilities in Alaska.
Providing for certain purchases and for a demolition fund.
ADMINISTRATIVE PROVISIONS
Providing for payments for telephone service in private residences in the field, purchase of motor vehicles, aircraft and reprints.
Providing for purchase and erection of portable buildings.
Providing funds for uniforms.
Allowing funding for attendance at professional meetings.
Providing that health care may be extended to non-Indians at Indian Health Service facilities.
Providing that funds are not available for assessments by the Department of Health and Human Services.
Allowing deobligation and reobligation of funds applied to self-governance funding agreements.
Exempting certain activities from Federal transportation limitations.
Providing a limitation on the number of personnel at certain facilities.
Prohibiting the expenditure of funds to implement new eligibility regulations.
Providing that reimbursements for training provide total costs.
Providing that funds be apportioned only in the appropriation structure in this Act.
Prohibiting changing the appropriations structure without approval of the Appropriations Committees.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
Providing for the conduct of health studies, testing, and monitoring.
Providing deadlines for health assessments and studies.
Limiting the number of toxicological profiles.
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
Authorizing the appointment and duties of the chairman.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
Limiting the number of senior level positions.
Authorizing the appointment of the inspector general of the board.
Limiting the appointment of individuals to positions within the board.
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
Defining eligible relocatees.
Prohibiting movement of any single Navajo or Navajo family unless a new or replacement home is available.
Limiting relocatees to one new or replacement home.
Establishing a priority for relocation of Navajos to those certified eligible who have selected and received homesites on the Navajo reservation or selected a replacement residence off the Navajo reservation.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
Providing that funds may be used to support American overseas research centers.
Allowing for advance payments to independent contractors performing research services or participating in official Smithsonian presentations.
Permitting the use of certain funds for the Victor Building.
FACILITIES CAPITAL
Permitting the Smithsonian Institution to select contractors for certain purposes on the basis of contractor qualifications as well as price.
ADMINISTRATIVE PROVISIONS
Precluding any changes to the Smithsonian science program without prior approval of the Board of Regents.
Limiting the design or expansion of current space or facilities without prior approval of the Committee.
Limiting the use of funds for the Holt House.
Limiting reprogramming of funds.
Prohibiting purchase of buildings without prior consultation.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
Allowing payment in advance for membership in library, museum, and art associations or societies.
Providing uniform allowances and for restoration and repair of works of art by contract without advertising.
Providing no-year availability of funds for special exhibitions.
REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS
Permitting the Gallery to perform work by contract or otherwise and to select contractors for certain purposes on the basis of contractor qualifications as well as price.
Permitting the Gallery to issue a single procurement for the full scope of the Work Area #3 contract.
NATIONAL ENDOWMENT FOR THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS, GRANTS AND ADMINISTRATION
Permitting transfer of funds within certain accounts.
NATIONAL ENDOWMENT FOR THE HUMANITIES, MATCHING GRANTS
Allowing obligation of National Endowment for the Humanities current and prior year funds from gifts, bequests, and devises of money for which equal amounts have not previously been appropriated.
ADMINISTRATIVE PROVISIONS
Limiting the use of funds for grants and contracts which do not include the text of 18 U.S.C. 1913; requiring certain language in contracts and grants; and permitting the use of nonappropriated funds for reception expenses.
Prohibiting the use of funds for official reception and representation.
Allowing the chairperson of the National Endowment for the Arts to approve small grants under limited circumstances.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
Permitting the charging and use of fees for its publications.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
Limiting the amount of grants awarded to an organization in a single year.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
Restricting hiring at Executive Level V or higher.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
Allowing certain funds to be used for official representation expenses.
TITLE IV--GENERAL PROVISIONS
Providing for availability of information on consulting services contracts.
Prohibiting the use of funds to distribute literature either to promote or oppose legislative proposals on which Congressional action is incomplete.
Specifying that funds are for one year unless provided otherwise.
Prohibiting the use of funds to provide personal cooks, chauffeurs or other personal servants to any office or employee.
Prohibiting assessments against programs funded in this bill.
Prohibiting the sale of giant sequoia trees in a manner different from 2004.
Continuing a limitation on accepting and processing applications for patents and on the patenting of Federal lands; permitting processing of grandfathered applications; and permitting third-party contractors to process grandfathered applications.
Limiting the use of funds for contract support costs on Indian contracts.
Making reforms in the National Endowment for the Arts, including funding distribution reforms.
Permitting the National Endowments for the Arts and the Humanities to collect, invest and use private donations.
Limiting funds for completing or issuing the five-year program under the Forest and Rangeland Renewable Resources Planning Act.
Limiting the use of funds for any government-wide administrative functions.
Permitting the use of forest service road and trail funds for maintenance and forest health.
Limiting the use of telephone answering machines.
Clarifying the forest service land management planning revision requirements.
Limiting leasing and preleasing activities within National Monuments.
Extending and expanding the pilot program allowing the forest service to dispose of certain excess structures and reinvest the proceeds for maintenance and rehabilitation.
Providing the Secretary of the Interior and the Secretary of Agriculture the authority to enter into reciprocal agreements with foreign nations concerning the personal liability of firefighters.
Prohibiting the transfer of funds to other agencies other than provided in this Act.
Providing contracting and grant authority for hazardous fuel projects in forest-dependent rural communities.
Providing certain limitation of funds for Federal land takings excluding those under the Everglades National Park Protection and Expansion Act.
Limiting the use of funds for competitive sourcing studies.
Requiring display of certain information for government-wide activities in budget justifications.
Limiting contracts for the operation of the National Recreational Reservation Service.
Prohibiting use of funds for certain government-wide activities.
Enhancing forest service administration of rights-of-way and land uses.
Extending the authorization for the Service First program.
Providing for the exchange of lands in San Bernardino, California, to relocate the forest supervisor's office.
Requiring a report on the expenditure of funds pursuant to the Southern Nevada Public Lands Management Act.
Limiting the use of funds to prepare or issue permits or leases for oil and gas drilling in the Finger Lakes National Forest, NY.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law:
[Dollars in thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Last year of authorization Authorization level Appropriations in last year of authorization Appropriations in this bill
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Bureau of Land Management:
All discretionary programs 2002 Such sums as may be necessary $1,681,437 $1,755,115
U.S. Fish & Wildlife Service
Resource Management:
Endangered Species Act Amendments of 1988 1992 $41,500 35,721 146,909
Great Lakes Fish & Wildlife Restoration Grants 2004 4,000 498 500
Marine Mammal Protection Act Amendments of 1994 1999 10,296 2,008 4,485
Fisheries Restoration Irrigation Mitigation Act 2005 25,000 2,000 3,000
Great Ape Conservation 2005 5,000 1,381 1,400
Neotropical Migratory Birds 2005 5,000 3,944 4,000
Environmental Protection Agency
Hazardous Substance Superfund 1994 5,100,000 1,480,853 1,258,333
State and Tribal Assistance Grants:
Alaska Native Villages 1979 2,000 NA 15,000
Clean Water SRF 1992 1,800,000 2,400,000 850,000
Drinking Water SRF 2003 1,000,000 844,500 850,000
Clean Air Act 1997 Such sums as may be necessary 167,230 234,600
Radon Abatement Act 1991 10,000 9,000 8,150
Clean Water Act (FWPCA) 1991 NA 426,000
BEACH Act 2005 30,000 9,920 10,000
Safe Drinking Water Act 2003 115,000 108,343 116,600
Solid Waste Disposal Act (RCRA) 1988 70,000 71,391 104,400
Toxic Substances Control Act 1983 1,500 5,100 18,850
Pollution Prevention Act 1993 8,000 6,800 5,000
Indian Environmental General Assistance Program Act 1998 Such sums as may be necessary 38,585 57,500
LUST Trust Fund 1988 10,000 14,400 11,950
National Forest Foundation 1998 1,000 1,000 3,000
National Endowment for the Arts 1993 Such sums as may be necessary 174,460 121,264
National Endowment for the Humanities 1993 Such sums as may be necessary 177,403 138,054
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The Committee notes that authorizing legislation for many of these programs is in various stages of the legislative process and expects these authorizations to be enacted into law.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding:
The Committee on Appropriations considers program performance, including a program's success in developing and attaining outcome-related goals and objectives, in developing funding recommendations.
FULL COMMITTEE VOTES
Pursuant to the provisions of clause 3(b) of rule XIII of the House of Representatives, the results of each roll call vote on an amendment or on the motion to report, together with the names of those voting for and those voting against, are printed below:
There were no rollcall votes in full committee.
COMPLIANCE WITH RULE XIII, CL. 3(E) (RAMSEYER RULE)
In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman) :
SECTION 331, SUBSECTIONS (A) AND (B), OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 2000 (AS CONTAINED IN DIVISION C OF PUBLIC LAW 106-113)
SEC. 331. Enhancing Forest Service Administration of Rights-of-way and Land Uses. (a) The Secretary of Agriculture shall develop and implement a pilot program for the purpose of enhancing forest service administration of rights-of-way and other land uses. The authority for this program shall be for fiscal years 2000 through [Struck out->][ 2005 ][<-Struck out] 2009. Prior to the expiration of the authority for this pilot program, the Secretary shall submit a report to the House and Senate Committees on Appropriations, and the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives that evaluates whether the use of funds under this section resulted in more expeditious approval of rights-of-way and special use authorizations. This report shall include the Secretary's recommendation for statutory or regulatory changes to reduce the average processing time for rights-of-way and special use permit applications.
(b) Deposit of Fees- Subject to subsections (a) and (f), during fiscal years 2000 through [Struck out->][ 2005 ][<-Struck out] 2009, the Secretary of Agriculture shall deposit into a special account established in the Treasury all fees collected by the Secretary to recover the costs of processing applications for, and monitoring compliance with, authorizations to use and occupy National Forest System lands pursuant to section 28(1) of the Mineral Leasing Act (30 U.S.C. 185(1)), section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.1764(g)), section 9701 of title 31, United States Code, and section 110(g) of the National Historic Preservation Act (16 U.S.C. 470h-2(g)).
SECTION 329 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 2002, AS AMENDED (16 U.S.C. 580 NOTE; PUBLIC LAW 107-63, AS AMENDED)
SEC. 329. (a) PILOT PROGRAM AUTHORIZING CONVEYANCE OF EXCESS FOREST SERVICE STRUCTURES- The Secretary of Agriculture may convey, by sale or exchange, any or all right, title, and interest of the United States in and to excess buildings and other structures located on National Forest System lands and under the jurisdiction of the Forest Service. The conveyance may include the land on which the building or other structure is located and such other land immediately adjacent to the building or structure as the Secretary considers necessary.
(b) LIMITATION- Conveyances on not more than [Struck out->][ 40 ][<-Struck out] 60 sites may be made under the authority of this section, and the Secretary of Agriculture shall obtain the concurrence of the Committee on Appropriations of the House Representatives and the Committee on Appropriations of the Senate in advance of each conveyance.
(c) USE OF PROCEEDS- The proceeds derived from the sale of a building or other structure under this section shall be retained by the Secretary of Agriculture and shall be available to the Secretary, without further appropriation until expended, for maintenance and rehabilitation activities within the Forest Service Region in which the building or structure is located. Additionally, proceeds from the sale of conveyances on no more than [Struck out->][ 13 ][<-Struck out] 25 sites shall be available for construction of replacement facilities.
(d) DURATION OF AUTHORITY- The authority provided by this section expires on September 30, [Struck out->][ 2008 ][<-Struck out] 2009.
SECTION 330 OF THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 2001, (PUBLIC LAW 106-291, 114 STAT. 996)
Sec. 330. In fiscal years 2001 through [Struck out->][ 2005 ][<-Struck out] 2008, the Secretaries of the Interior and Agriculture may pilot test agency-wide joint permitting and leasing programs, subject to annual review of Congress, and promulgate special rules as needed to test the feasibility of issuing unified permits, applications, and leases. The Secretaries of the Interior and Agriculture may make reciprocal delegations of their respective authorities, duties and responsibilities in support of the `Service First' initiative agency-wide to promote customer service and efficiency. Nothing herein shall alter, expand or limit the applicability of any public law or regulation to lands administered by the Bureau of Land Management, National Park Service, Fish and Wildlife Service or the Forest Service. 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 among the land management agencies referred to in this section, except that this authority may not be used to circumvent requirements and limitations imposed on the use of funds.
FIVE-YEAR PROJECTION OF OUTLAYS
In compliance with section 308(a)(1)(B) of the Congressional Budget Act of 1974 (Public Law 93-344), as amended, the following table contains five-year projections associated with the budget authority provided in the accompanying bill:
[In millions]
-----------------------------------------
-----------------------------------------
Budget authority (discretionary) $26,107
Outlays:
Fiscal year 2006 27,496
Fiscal year 2007 16,037
Fiscal year 2008 5,609
Fiscal year 2009 2,469
Fiscal year 2010 1,258
-----------------------------------------
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the Congressional Budget Act of 1974 (Public Law 93-344), as amended, the financial assistance to State and local governments is as follows:
[In millions]
----------------------------------------------------
----------------------------------------------------
New budget authority $5,534
Fiscal year 2006 outlays resulting therefrom 2,241
----------------------------------------------------
ADDITIONAL VIEWS OF THE HONORABLE DAVID OBEY
As the Ranking Minority Member of the Appropriations Committee, I cannot fault the fairness of the process followed by our Committee in producing the fiscal year 2006 Interior Appropriations bill. Minority Members were consulted throughout the process and the bill reflects our input in a number of important areas. But a fair process by itself does not produce an acceptable product. This bill's principal responsibility is to provide for the environmental and conservation needs of America's people and its natural resources. Notwithstanding increases in a few critical areas, the FY 2006 Interior bill as currently presented simply does not fulfill that responsibility. Because of these failures, American families will be exposed unnecessarily to dirtier water and air and to the poisons of toxic Superfund sites. Because of its failures, many of America's pristine natural landscapes and historic structures, as well as the variety of its wildlife, may be lost to future generations.
The Interior bill's failings did not occur by accident. The overall lack of funds to address national needs is the direct and inevitable result of the vote cast last month to approve a Republican Budget Resolution for 2006 that provides $11.7 billion less than the amount necessary just to maintain current service levels for domestic programs. As Majority Leader Tom Delay pointed out last month during debate on the Conference Report on the Budget Resolution,
This is the budget that the American people voted for when they returned a Republican House, a Republican Senate and a Republican White House last November.
- After Republicans voted 218-12 in favor of a Budget Resolution with inadequate resources for domestic programs, I believe it is disingenuous for them to defend the Interior appropriations bill by saying, `We did the best we could with an inadequate allocation.' The Republican Members had a choice and they voted for the discretionary spending total which they now say forces these destructive choices. Not one Democrat voted for the current Budget Resolution because we understood the damage to essential services which it would cause. The 2006 Interior bill now presented to the House epitomizes the draconian results of the Republican fiscal philosophy which espouses super-sized tax cuts for the most well-off over critical priorities like protecting the environment.
Among the many failings of the Interior bill reported by the Committee, the most destructive are its severe reductions in funding for the Environmental Protection Agency (EPA). I am especially disturbed that the Interior Subcommittee, without a single hearing, has recommended cutting the Clean Water State Revolving Fund by $242 million below the 2005 funding level. This program serves every state and almost every community in this country. But, without a word of testimony by the EPA or affected communities, the Committee has cut the Clean Water Fund by more than 20 percent this year and by almost 40 percent over the last two years. If the Interior bill is approved as currently drafted, the $850 million provided in 2006 will be the lowest level of new capital assistance for this revolving fund since 1989. Majority Leader Delay was right.
This is the budget that the American people voted for when they returned a Republican House, a Republican Senate and a Republican White House last November.
The need for investment in this country's water systems is well documented and enormous. Two years ago EPA Administrator Whitman issued a formal report, entitled the `Water Gap Analysis,' which estimated the twenty-year fiscal shortfall between what we are currently spending and what is required at $388 billion. Everyone agrees that the Clean Water SRF program works. Over the last 16 years $21 billion of appropriations for the Clean Water SRF have generated $52 billion of construction projects in every state and in literally thousands of communities.
The impact of the cut to the SRF recommended in the current bill on local communities will be very visible. Projects that have already been approved by State water authorities for future funding will, inevitably, be rejected, scaled back, or substantially delayed. A table showing the impact of these cuts to each state is included at the end of these remarks. As Members review this table for its impact on their own states, they should remember Majority Leader Delay's prescient statement last month,
This is the budget that the American people voted for when they returned a Republican House, a Republican Senate and a Republican White House last November.
I am also very concerned by the decision reflected in this bill to reduce funding for environmental enforcement activities of the EPA by $12 million. I wish that every private company, every public utility company and every community water and sewer authority would willingly comply with the Clean Air Act and the Clean Water Act. I wish every industrial polluter who had dumped toxic PCB's and other chemicals into our rivers or buried them in dumps outside their factories would enthusiastically clean up their Superfund sites. Unfortunately, 35 years of experience has taught us that aggressive enforcement is needed if we are to get compliance with our environmental laws. Enforcement has resulted in settlements with coal burning power plants that have cut emissions of sulfur dioxide and nitrogen oxides by nearly a million tons, reducing asthma attacks, lung disease and acid rain. Compliance agreements or enforcement orders with water and sewer authorities in cities across the United States have prevented billions of gallons of raw sewage from seeping into water supplies by requiring installation of upgrades at treatment plants. Members should not be surprised by these cutbacks in important environmental enforcement activities because Majority Delay was candid when he told us,
This is the budget that the American people voted for when they returned a Republican House, a Republican Senate and a Republican White House last November.
Not all the cuts in this bill are an artifact of it's allocation. Some reflect ideological positions of the Subcommittee Chairman with which I very much disagree. In my opinion, the Chairman's recommendation to eliminate $190 million of Land and Water Conservation funding, including funding for all new federal land acquisitions as well as all assistance to States, is a mistake for the country and for the Congress. The American people recognize the need to preserve the remaining natural landscapes of this country for future generations. Those of us who visit our national parks and refuges know how precious they are. Five years ago 315 members of the House voted to make these programs an entitlement under the CARA bill because Congress didn't keep its word to adequately fund conservation programs. The Subcommittee Chairman certainly has a right to his sincerely held views regarding land conservation programs, but I do not believe that his recommendation to eliminate all funding for the Land and Water Conservation Fund, as reflected in this bill, represents the will of the House.
As I have noted throughout these remarks, these failings did not occur by accident, The Majority Leader of the House, Tom Delay, explained the reason for these cuts last month on the floor when the House adopted the Budget Resolution for 2006.
This is the budget that the American people voted for when they returned a Republican House, a Republican Senate and a Republican White House last November.
The FY 2006 Interior bill as reported to the House is not a bill that I believe Members of Congress can go home and tell people with a straight face, `We did the right thing.'
I will not vote for it.
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