Amendment Text: H.Amdt.847 — 109th Congress (2005-2006)

There is one version of the amendment.

Shown Here:
Amendment as Offered (05/18/2006)

This Amendment appears on page H2830 in the following article from the Congressional Record.


[Pages H2818-H2831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2007

  The SPEAKER pro tempore. Pursuant to House Resolution 818 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 5386.

                              {time}  1553


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 5386) making appropriations for the Department of the 
Interior, environment, and related agencies for the fiscal year ending 
September 30, 2007, and for other purposes, with Mr. Foley (Acting 
Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, a request for a recorded vote on the amendment offered by the 
gentleman from New Jersey (Mr. Pallone) had been postponed and the bill 
had been read through page 73, line 8.
  Pursuant to the order of the House of today, no further amendment to 
the bill may be offered except those specified in the previous order of 
the House of today, which is at the desk.
  The Clerk will read.
  The Clerk read as follows:

          General Provisions, Environmental Protection Agency

        Sec. 201. None of the funds made available by this Act may 
     be used in contravention of, or to delay the implementation 
     of, Executive Order No. 12898 of February 11, 1994 (59 Fed. 
     Reg. 7629; relating to Federal actions to address 
     environmental justice in minority populations and low-income 
     populations).
        Sec. 202. None of the funds made available in this Act may 
     be used in contravention of 15 U.S.C. 2682(c)(3) or to delay 
     the implementation of that section.

                      TITLE III--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                     forest and rangeland research

       For necessary expenses of forest and rangeland research as 
     authorized by law, $280,318,000, to remain available until 
     expended: Provided, That of the funds provided, $62,329,000 
     is for the forest inventory and analysis program.

                       state and private forestry

       For necessary expenses of cooperating with and providing 
     technical and financial assistance to States, territories, 
     possessions, and others, and for forest health management, 
     including treatments of pests, pathogens, and invasive or 
     noxious plants and for restoring and rehabilitating forests 
     damaged by pests or invasive plants, cooperative forestry, 
     and education and land conservation activities and conducting 
     an international program as authorized, $228,608,000, to 
     remain available until expended, as authorized by law of 
     which $9,280,000 is to be derived from the Land and Water 
     Conservation Fund: Provided, That none of the funds provided 
     under this heading for the acquisition of lands or interests 
     in lands shall be available until the Forest Service notifies 
     the House Committee on Appropriations and the Senate 
     Committee on Appropriations, in writing, of specific 
     contractual and grant details including the non-Federal cost 
     share.

                         national forest system

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, $1,445,659,000, to 
     remain available until expended, which shall include 50 
     percent of all moneys received during prior fiscal years as 
     fees collected under the Land and Water Conservation Fund Act 
     of 1965, as amended, in accordance with section 4 of the Act 
     (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances 
     under this heading available at the start of fiscal year 2007 
     shall be displayed by budget line item in the fiscal year 
     2008 budget justification.

                        wildland fire management


                     (including transfer of funds)

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $1,810,566,000, to remain available until expended: Provided, 
     That such funds including unobligated balances under this 
     heading, are available for repayment of advances from other 
     appropriations accounts previously transferred for such 
     purposes: Provided further, That such funds shall be 
     available to reimburse State and other cooperating entities 
     for services provided in response to wildfire and other 
     emergencies or disasters to the extent such reimbursements by 
     the Forest Service for non-fire emergencies are fully repaid 
     by the responsible emergency management agency: Provided 
     further, That not less than 50 percent of any unobligated 
     balances remaining (exclusive of amounts for hazardous fuels 
     reduction) at the end of fiscal years 2006 and 2007 shall be 
     transferred to the fund established pursuant to section 3 of 
     Public Law 71-319 (16 U.S.C. 576 et seq.) if necessary to 
     reimburse the fund for unpaid past advances: Provided 
     further, That, notwithstanding any other provision of law, 
     $8,000,000 of funds appropriated under this appropriation 
     shall be used for Fire Science Research in support of the 
     Joint Fire Science Program: Provided further, That all 
     authorities for the use of funds, including the use of 
     contracts, grants, and cooperative agreements, available to 
     execute the Forest and Rangeland Research appropriation, are 
     also available in the utilization of these funds for Fire 
     Science Research: Provided further, That funds provided shall 
     be available for emergency rehabilitation and restoration, 
     hazardous fuels reduction activities in the urban-wildland 
     interface, support to Federal emergency response, and 
     wildfire suppression activities of the Forest Service: 
     Provided further, That of the funds provided, $296,792,000 is 
     for hazardous fuels reduction activities, $5,000,000 is for 
     rehabilitation and restoration, $22,800,000 is for research 
     activities and to make competitive research grants pursuant 
     to the Forest and Rangeland

[[Page H2819]]

     Renewable Resources Research Act, as amended (16 U.S.C. 1641 
     et seq.), $43,000,000 is for State fire assistance, 
     $12,810,000 is for volunteer fire assistance, $14,800,000 is 
     for forest health activities on Federal lands and $10,000,000 
     is for forest health activities on State and private lands: 
     Provided further, That amounts in this paragraph may be 
     transferred to the ``State and Private Forestry'', ``National 
     Forest System'', and ``Forest and Rangeland Research'' 
     accounts to fund State fire assistance, volunteer fire 
     assistance, forest health management, forest and rangeland 
     research, vegetation and watershed management, heritage site 
     rehabilitation, and wildlife and fish habitat management and 
     restoration: Provided further, That transfers of any amounts 
     in excess of those authorized in this paragraph, shall 
     require approval of the House and Senate Committees on 
     Appropriations in compliance with reprogramming procedures 
     contained in the report accompanying this Act: Provided 
     further, That the costs of implementing any cooperative 
     agreement between the Federal Government and any non-Federal 
     entity may be shared, as mutually agreed on by the affected 
     parties: Provided further, That in addition to funds provided 
     for State Fire Assistance programs, and subject to all 
     authorities available to the Forest Service under the State 
     and Private Forestry Appropriation, up to $15,000,000 may be 
     used on adjacent non-Federal lands for the purpose of 
     protecting communities when hazard reduction activities are 
     planned on national forest lands that have the potential to 
     place such communities at risk: Provided further, That 
     included in funding for hazardous fuel reduction is 
     $5,000,000 for implementing the Community Forest Restoration 
     Act, Public Law 106-393, title VI, and any portion of such 
     funds shall be available for use on non-Federal lands in 
     accordance with authorities available to the Forest Service 
     under the State and Private Forestry appropriation: Provided 
     further, That the Secretary of the Interior and the Secretary 
     of Agriculture may authorize the transfer of funds 
     appropriated for wildland fire management, in an aggregate 
     amount not to exceed $9,000,000, between the Departments when 
     such transfers would facilitate and expedite jointly funded 
     wildland fire management programs and projects: Provided 
     further, That of the funds provided for hazardous fuels 
     reduction, not to exceed $5,000,000, may be used to make 
     grants, using any authorities available to the Forest Service 
     under the State and Private Forestry appropriation, for the 
     purpose of creating incentives for increased use of biomass 
     from national forest lands: Provided further, That funds 
     designated for wildfire suppression shall be assessed for 
     indirect costs on the same basis as such assessments are 
     calculated against other agency programs.


                Amendment No. 5 Offered by Mr. Beauprez

  Mr. BEAUPREZ. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Beauprez:
       In title III of the bill under the heading ``wildland fire 
     management (including transfer of funds)'', insert after the 
     first dollar amount the following: ``(increased by 
     $28,700,000)''.
       In title III of the bill under the heading ``National 
     Endowment for the Arts--Grants and Administration'', insert 
     after the first dollar amount the following: ``(reduced by 
     $30,000,000)''.

  The Acting CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from Colorado (Mr. Beauprez) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from Colorado.
  Mr. BEAUPREZ. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, simply put, this amendment will reduce funding for the 
National Endowment for the Arts by $30 million and transfer those funds 
to the United States Forest Service to reduce the threat of 
catastrophic wildfires.
  Earlier this week, I was pleased to support the passage of the Forest 
Emergency Recovery and Research Act because it will expedite the 
restoration of forest land affected by catastrophic wildfires. However, 
we can all agree that prevention comes first. Additional resources are 
needed if we are to get a handle on the wildfire crisis gripping the 
West.
  In 2002, the American taxpayers spent over $1.5 billion containing 
these devastating blazes. When Congress spends so much annually to put 
out wildfires, doesn't it make more sense to spend that money on 
additional thinning treatments that could help prevent these fires from 
starting in the first place?
  According to the House Resources Committee, 190 million acres of BLM 
and Forest Service land are at risk to catastrophic wildfire. To put 
that in perspective, this area is larger than the States of California 
and Arizona combined.
  The Wall Street Journal reported that parts of the National Forest 
system contained more than 400 tons of dry fuel per acre, or 10 times 
the manageable or appropriate level. Disease and insect infestation 
have also contributed to an increase in combustible fuels.
  In Colorado alone, my State, surveys have recorded that approximately 
1.2 million trees were killed by mountain pine beetle outbreaks in 
2004. This is nearly 100 times the mortality rate reported in 1996, the 
first year a study was released by the Colorado Forest Service on pine 
beetles damage.
  Unfortunately, beetle kill leaves behind the kind of timber that 
turns small fires into the kinds of infernos that have devastated 
Colorado and other western States in recent years, destroying homes, 
poisoning the air, scorching critical habitat, and choking streams and 
rivers with tons of soot and sediment.
  Even with increased attention to thinning and fuel treatments efforts 
with legislation like the Healthy Forest Initiative, more funding is 
needed.
  Since the majority of our forests are federally owned, the burden to 
protect our States and local communities from the devastating effects 
of forest fires lies with the Federal agencies designated to protect 
them. Congress must fully fund their needs.
  The question arises, Why take funding from the NEA? I actually 
applaud the progress that has been made recently by the NEA in 
repairing a very damaged image in the view of many Americans. It is 
important, however, to recognize that only a small percentage of 
funding for the arts comes from the Federal Government. In 2001, 
Americans spent $27 billion on nonprofit arts funding. At $124 million, 
the NEA funding is just a drop in the bucket for an art industry that 
seems to be doing exceedingly well.
  Congress has to choose its fiscal priorities and obligations 
responsibly. This amendment amounts to one-tenth of one percent of 
total arts funding, but it is a massive help to ensure the safety of 
our western communities, prevent forest fires and save lives.
  Anyone who has witnessed the devastation to life, property, wildlife, 
water and air from the monster that is a forest fire understands that 
investing in prevention infinitely outweighs the incalculable long-term 
costs of a forest fire. This amendment allows us to invest in 
prevention, Mr. Chairman, and I urge its adoption.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1600

  Mr. TAYLOR of North Carolina. Mr. Chairman, I rise in opposition to 
this amendment.
  Mr. Chairman, no one is a stronger supporter of the National Forests 
health and wildfire management. But this amendment goes too far. The 
amendment cuts the NEA funding drastically, and this is much too much 
of a cut.
  The President's budget in the committee bill is a fair amount, is 
level funding with the fiscal year 2006 enacted level. We did raise it 
slightly and agreed to that.
  But that remains to be seen. We should support the NEA. The reforms 
which this committee put in place are working. The new chairman of the 
NEA is doing an excellent job of ensuring that important works are 
supported and that funding is well distributed.
  The bill makes a very strong contribution to the National Fire Plan. 
It is something that Members can be proud of. The bill increases 
overall wildfire funding $80 million over last year. That includes a 
large $70 million increase for Forest Service fuel reduction, and this 
is $34 million above the 2005 level.
  I agree with the gentleman that this work is essential, but the 
agencies can only ramp up so fast. So extra funding is not necessarily 
needed this year.
  Mr. Chairman, the gentleman is incorrect when he says that the fire 
funding is down 14 percent from 2005. His calculations may have 
included the $500 million in emergency funding provided that year. Not 
counting the emergency fire suppression funds, this bill is $145 
million above the 2005 funding level, and this is enough for these 
fiscally tight times.

[[Page H2820]]

  I also want to point out that this bill has increased funding for 
forest health management, an important key for preventing forest fires 
by $31 million above the President's request, and I want to point out 
that the Forest Service was able to carry over extra wildfire 
suppression funds from 2005 to this year.
  So they have or should have plenty of funds for the fire season 
absent a catastrophic season. Despite the good intentions behind this 
amendment, we do not need this additional increase for the fund's work 
at this time. We should not gut the administration's effort in the NEA.
  Mr. DICKS. Mr. Chairman, will the gentleman yield?
  Mr. TAYLOR of North Carolina. I yield to the gentleman from 
Washington.
  Mr. DICKS. Mr. Chairman, I want to say to the gentlemen, our 
committee has been a great advocate for money for fire. There is $2 
billion, 579 million, for fire in the bill. $500 million of the fire 
emergency funds are still available.
  We just increased the NEA by $5 million to $129.4 million, and NEA 
still is $40 million below its high point back in 1994. We fund 
programs in all States. This would be a devastating cut, and we do not 
need the money for fire. And I have offered amendment after amendment 
after amendment to put emergency fire money in when it is necessary.
  Also, the agencies can borrow money internally if necessary to deal 
with the problem. So I urge a no on this amendment. I think it is well 
intended, but simply not necessary and would do great damage to the 
NEA.
  Mr. Chairman, I urge a no vote.
  Mr. BEAUPREZ. Mr. Chairman, I appreciate the chairman. I will be 
brief. I respect and appreciate the effort put forth by both the 
minority as well as the majority side of the committee on this issue.
  But with all due respect, I would point out again that the private 
sector, and a very large private sector, supports our arts industry. 
The public sector, we in government, have an obligation to look after 
the government's assets and people's lives, and that is what is at 
stake with this amendment.
  With all due respect to the comments that have already been made, no 
one looks after our national forests other than we in government, and I 
would encourage both the chairman and the ranking member at the next 
opportunity to come out to the West and visit and see the devastation 
the pine beetle damage has created in our forests. We are sitting 
literally on a matchbox awaiting someone to light the first match.
  I urge the adoption of this amendment. I think it is common sense. I 
think it is about us in government establishing priorities to protect 
and defend our Nation's assets and our citizens' lives.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Bishop of Utah). The gentleman from North 
Carolina has 1\1/2\ minutes remaining.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 1\1/2\ minutes to 
the gentleman from Idaho (Mr. Simpson).
  Mr. SIMPSON. I thank the gentlemen for yielding.
  Mr. Chairman, I do not disagree with what the gentleman from Colorado 
is saying. There has been devestation in our forests. We do need the 
funding for firefighting and so forth. But I will tell you that taking 
it out of the NEA is the wrong place in the bill.
  Mr. Chairman, they have done a tremendous job under the chairmanship 
of Gioia. They have brought the NEA back to what we originally intended 
it to be, and that is a means of getting the arts out to the rest of 
America, to rural America, particularly.
  And if you will look at some of the programs that they have, their 
masters program and the Shakespeare program and others, they have done 
a great job of getting the rest of rural America exposed to those types 
of things. That is what the NEA is all about.
  And yes, there is private organizations that fund a lot of these. But 
oftentimes it is in conjunction with private and public financing. 
Sometimes they just finance a very small portion of it. So I think that 
while I agree with the gentlemen's intent in terms of fire protection, 
taking the money out of the NEA, which is substantially below what it 
was in its high peak as was mentioned, I think is the wrong direction 
to go and would set this program back, when it is moving in the 
direction that we all hope it will go.
  Mr. Chairman, I appreciate the gentleman's amendment, but I will be 
voting against it.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield back the balance 
of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Colorado (Mr. Beauprez).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. BEAUPREZ. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Colorado 
will be postponed.
  The Acting CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                  capital improvement and maintenance


                     (including transfer of funds)

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $411,025,000, to remain available until 
     expended for construction, reconstruction, maintenance, and 
     acquisition of, buildings and other facilities, and for 
     construction, reconstruction, repair, decommissioning, and 
     maintenance of forest roads and trails by the Forest Service 
     as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: 
     Provided, That up to $15,000,000 of the funds provided herein 
     for road maintenance shall be available for the 
     decommissioning of roads, including unauthorized roads not 
     part of the transportation system, which are no longer 
     needed: Provided further, That no funds shall be expended to 
     decommission any system road until notice and an opportunity 
     for public comment has been provided on each decommissioning 
     project: Provided further, That $7,400,000 of the funds made 
     available in section 8098(b) of Public Law 108-287, to 
     construct a wildfire management training facility in San 
     Bernardino County, shall be transferred within 15 days of the 
     enactment of this Act to the Forest Service, ``Wildland Fire 
     Management'' account and shall be available for hazardous 
     fuels reduction, hazard mitigation, and rehabilitation 
     activities of the Forest Service in the San Bernardino 
     National Forest so long as this funding is used in addition 
     to, and not in place of, all normal funding allocated to this 
     Forest.

                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4 through 11), including administrative expenses, 
     and for acquisition of land or waters, or interest therein, 
     in accordance with statutory authority applicable to the 
     Forest Service, $7,500,000, to be derived from the Land and 
     Water Conservation Fund and to remain available until 
     expended: Provided, That the Forest Service may not use funds 
     in fiscal year 2007, including funds made available in Public 
     Law 96-586 or any other Act, to purchase land for the 
     Homewood Conservation Project in Lake Tahoe, California.


               acquisition of lands for national forests

                              special acts

       For acquisition of lands within the exterior boundaries of 
     the Cache, Uinta, and Wasatch National Forests, Utah; the 
     Toiyabe National Forest, Nevada; and the Angeles, San 
     Bernardino, Sequoia, and Cleveland National Forests, 
     California, as authorized by law, $1,053,000, to be derived 
     from forest receipts.


            acquisition of lands to complete land exchanges

       For acquisition of lands, such sums, to be derived from 
     funds deposited by State, county, or municipal governments, 
     public school districts, or other public school authorities, 
     and for authorized expenditures from funds deposited by non-
     Federal parties pursuant to Land Sale and Exchange Acts (16 
     U.S.C. 4601-516-617a, 555a; Public Law 96-586; Public Law 76-
     589, 76-591; and 78-310), pursuant to the Act of December 4, 
     1967, as amended (16 U.S.C. 484a), to remain available until 
     expended.


                         range betterment fund

       For necessary expenses of range rehabilitation, protection, 
     and improvement, 50 percent of all moneys received during the 
     prior fiscal year, as fees for grazing domestic livestock on 
     lands in National Forests in the 16 Western States, pursuant 
     to section 401(b)(1) of Public Law 94-579, as amended, to 
     remain available until expended, of which not to exceed 6 
     percent shall be available for administrative expenses 
     associated with on-the-ground range rehabilitation, 
     protection, and improvements.


    gifts, donations and bequests for forest and rangeland research

       For expenses authorized by 16 U.S.C. 1643(b), $63,000, to 
     remain available until expended, to be derived from the fund 
     established pursuant to the above Act.


        management of national forest lands for subsistence uses

       For necessary expenses of the Forest Service to manage 
     Federal lands in Alaska for

[[Page H2821]]

     subsistence uses under title VIII of the Alaska National 
     Interest Lands Conservation Act (Public Law 96-487), 
     $5,311,000, to remain available until expended.


               administrative provisions, forest service

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of passenger motor 
     vehicles; acquisition of passenger motor vehicles from excess 
     sources, and hire of such vehicles; purchase, lease, 
     operation, maintenance, and acquisition of aircraft from 
     excess sources to maintain the operable fleet for use in 
     Forest Service wildland fire programs and other Forest 
     Service programs; notwithstanding other provisions of law, 
     existing aircraft being replaced may be sold, with proceeds 
     derived or trade-in value used to offset the purchase price 
     for the replacement aircraft; (2) services pursuant to 7 
     U.S.C. 2225, and not to exceed $100,000 for employment under 
     5 U.S.C. 3109; (3) purchase, erection, and alteration of 
     buildings and other public improvements (7 U.S.C. 2250); (4) 
     acquisition of land, waters, and interests therein pursuant 
     to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers 
     in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 
     558a note); (6) the cost of uniforms as authorized by 5 
     U.S.C. 5901-5902; and (7) for debt collection contracts in 
     accordance with 31 U.S.C. 3718(c).
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions upon notification of the House and Senate 
     Committees on Appropriations and if and only if all 
     previously appropriated emergency contingent funds under the 
     heading ``Wildland Fire Management'' have been released by 
     the President and apportioned and all wildfire suppression 
     funds under the heading ``Wildland Fire Management'' are 
     obligated.
       The first transfer of funds into the Wildland Fire 
     Management account shall include unobligated funds, if 
     available, from the Land Acquisition account and the Forest 
     Legacy program within the State and Private Forestry account.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development in connection with forest and rangeland research, 
     technical information, and assistance in foreign countries, 
     and shall be available to support forestry and related 
     natural resource activities outside the United States and its 
     territories and possessions, including technical assistance, 
     education and training, and cooperation with United States 
     and international organizations.
       None of the funds made available to the Forest Service 
     under this Act shall be subject to transfer under the 
     provisions of section 702(b) of the Department of Agriculture 
     Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b.
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     reprogramming procedures contained in the report accompanying 
     this Act.
       Not more than $73,052,000 of funds available to the Forest 
     Service shall be transferred to the Working Capital Fund of 
     the Department of Agriculture. Nothing in this paragraph 
     shall prohibit or limit the use of reimbursable agreements 
     requested by the Forest Service in order to obtain services 
     from the Department of Agriculture's National Information 
     Technology Center.
       Funds available to the Forest Service shall be available to 
     conduct a program of not less than $2,500,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps.
       Of the funds available to the Forest Service, $4,000 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, $2,500,000 
     may be advanced in a lump sum to the National Forest 
     Foundation to aid conservation partnership projects in 
     support of the Forest Service mission, without regard to when 
     the Foundation incurs expenses, for administrative expenses 
     or projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That of the 
     Federal funds made available to the Foundation, no more than 
     $100,000 shall be available for administrative expenses: 
     Provided further, That the Foundation shall obtain, by the 
     end of the period of Federal financial assistance, private 
     contributions to match on at least one-for-one basis funds 
     made available by the Forest Service: Provided further, That 
     the Foundation may transfer Federal funds to a non-Federal 
     recipient for a project at the same rate that the recipient 
     has obtained the non-Federal matching funds: Provided 
     further, That authorized investments of Federal funds held by 
     the Foundation may be made only in interest-bearing 
     obligations of the United States or in obligations guaranteed 
     as to both principal and interest by the United States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $2,250,000 of the funds available to the Forest Service shall 
     be advanced to the National Fish and Wildlife Foundation in a 
     lump sum to aid cost-share conservation projects, without 
     regard to when expenses are incurred, on or benefitting 
     National Forest System lands or related to Forest Service 
     programs. Such funds shall be matched on at least a one-for-
     one basis by the Foundation or its subrecipients.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to sections 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar non-litigation related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.
       Any appropriations or funds available to the Forest Service 
     may be used for necessary expenses in the event of law 
     enforcement emergencies as necessary to protect natural 
     resources and public or employee safety: Provided, That such 
     amounts shall not exceed $500,000.
       An eligible individual who is employed in any project 
     funded under title V of the Older American Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest Service 
     shall be considered to be a Federal employee for purposes of 
     chapter 171 of title 28, United States Code.
       Any funds appropriated to the Forest Service may be used to 
     meet the non-Federal share requirement in section 502(c) of 
     the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
       Funds available to the Forest Service, not to exceed 
     $45,000,000, shall be assessed for the purpose of performing 
     facilities maintenance. Such assessments shall occur using a 
     square foot rate charged on the same basis the agency uses to 
     assess programs for payment of rent, utilities, and other 
     support services.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $2,830,136,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That up to $18,000,000 shall 
     remain available until expended, for the Indian Catastrophic 
     Health Emergency Fund: Provided further, That $536,259,000 
     for contract medical care shall remain available until 
     September 30, 2008: Provided further, That of the funds 
     provided, up to $27,000,000, to remain available until 
     expended, shall be used to carry out the loan repayment 
     program under section 108 of the Indian Health Care 
     Improvement Act: Provided further, That funds provided in 
     this Act may be used for one-year contracts and grants which 
     are to be performed in two fiscal years, so long as the total 
     obligation is recorded in the year for which the funds are 
     appropriated: Provided further, That the amounts collected by 
     the Secretary of Health and Human Services under the 
     authority of title IV of the Indian Health Care Improvement 
     Act shall remain available until expended for the purpose of 
     achieving compliance with the applicable conditions and 
     requirements of titles XVIII and XIX of the Social Security 
     Act (exclusive of planning, design, or construction of new 
     facilities): Provided further, That funding contained herein, 
     and in any earlier appropriations Acts for scholarship 
     programs under the Indian Health Care Improvement Act (25 
     U.S.C. 1613) shall remain available until expended: Provided 
     further, That amounts received by tribes and tribal 
     organizations under title IV of the Indian Health Care 
     Improvement Act shall be reported and accounted for and 
     available to the receiving tribes and tribal organizations 
     until expended: Provided further, That, notwithstanding any 
     other provision of law, of the amounts provided herein, not 
     to exceed $270,316,000 shall be for payments to tribes and 
     tribal organizations for contract or grant support costs 
     associated with contracts, grants, self-governance compacts 
     or annual funding agreements between the Indian Health 
     Service and a tribe or tribal organization pursuant to the 
     Indian Self-Determination Act of 1975, as amended, prior to 
     or during fiscal year 2007, of which not to exceed $5,000,000 
     may be used for contract support costs associated with new or 
     expanded self-determination contracts, grants, self-
     governance compacts or annual funding agreements: Provided 
     further, That the Bureau of Indian Affairs may collect from 
     the Indian Health Service and tribes and tribal

[[Page H2822]]

     organizations operating health facilities pursuant to Public 
     Law 93-638 such individually identifiable health information 
     relating to disabled children as may be necessary for the 
     purpose of carrying out its functions under the Individuals 
     with Disabilities Education Act (20 U.S.C. 1400, et seq.).


                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $363,573,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction or 
     renovation of health facilities for the benefit of an Indian 
     tribe or tribes may be used to purchase land for sites to 
     construct, improve, or enlarge health or related facilities: 
     Provided further, That not to exceed $500,000 shall be used 
     by the Indian Health Service to purchase TRANSAM equipment 
     from the Department of Defense for distribution to the Indian 
     Health Service and tribal facilities: Provided further, That 
     none of the funds appropriated to the Indian Health Service 
     may be used for sanitation facilities construction for new 
     homes funded with grants by the housing programs of the 
     United States Department of Housing and Urban Development: 
     Provided further, That not to exceed $1,000,000 from this 
     account and the ``Indian Health Services'' account shall be 
     used by the Indian Health Service to obtain ambulances for 
     the Indian Health Service and tribal facilities in 
     conjunction with an existing interagency agreement between 
     the Indian Health Service and the General Services 
     Administration: Provided further, That not to exceed $500,000 
     shall be placed in a Demolition Fund, available until 
     expended, to be used by the Indian Health Service for 
     demolition of Federal buildings.


            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefor as authorized by 5 U.S.C. 5901-5902; 
     and for expenses of attendance at meetings which are 
     concerned with the functions or activities for which the 
     appropriation is made or which will contribute to improved 
     conduct, supervision, or management of those functions or 
     activities.
       In accordance with the provisions of the Indian Health Care 
     Improvement Act, non-Indian patients may be extended health 
     care at all tribally administered or Indian Health Service 
     facilities, subject to charges, and the proceeds along with 
     funds recovered under the Federal Medical Care Recovery Act 
     (42 U.S.C. 2651-2653) shall be credited to the account of the 
     facility providing the service and shall be available without 
     fiscal year limitation. Notwithstanding any other law or 
     regulation, funds transferred from the Department of Housing 
     and Urban Development to the Indian Health Service shall be 
     administered under Public Law 86-121 (the Indian Sanitation 
     Facilities Act) and Public Law 93-638, as amended.
       Funds appropriated to the Indian Health Service in this 
     Act, except those used for administrative and program 
     direction purposes, shall not be subject to limitations 
     directed at curtailing Federal travel and transportation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used for any assessments or 
     charges by the Department of Health and Human Services unless 
     identified in the budget justification and provided in this 
     Act, or approved by the House and Senate Committees on 
     Appropriations through the reprogramming process. Personnel 
     ceilings may not be imposed on the Indian Health Service nor 
     may any action be taken to reduce the full time equivalent 
     level of the Indian Health Service below the level in fiscal 
     year 2002 adjusted upward for the staffing of new and 
     expanded facilities, funding provided for staffing at the 
     Lawton, Oklahoma hospital in fiscal years 2003 and 2004, 
     critical positions not filled in fiscal year 2002, and 
     staffing necessary to carry out the intent of Congress with 
     regard to program increases.
       Notwithstanding any other provision of law, funds 
     previously or herein made available to a tribe or tribal 
     organization through a contract, grant, or agreement 
     authorized by title I or title V of the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), may be deobligated and reobligated to a self-
     determination contract under title I, or a self-governance 
     agreement under title V of such Act and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used to implement the final rule 
     published in the Federal Register on September 16, 1987, by 
     the Department of Health and Human Services, relating to the 
     eligibility for the health care services of the Indian Health 
     Service until the Indian Health Service has submitted a 
     budget request reflecting the increased costs associated with 
     the proposed final rule, and such request has been included 
     in an appropriations Act and enacted into law.
       With respect to functions transferred by the Indian Health 
     Service to tribes or tribal organizations, the Indian Health 
     Service is authorized to provide goods and services to those 
     entities, on a reimbursable basis, including payment in 
     advance with subsequent adjustment. The reimbursements 
     received therefrom, along with the funds received from those 
     entities pursuant to the Indian Self-Determination Act, may 
     be credited to the same or subsequent appropriation account 
     which provided the funding. Such amounts shall remain 
     available until expended.
       Reimbursements for training, technical assistance, or 
     services provided by the Indian Health Service will contain 
     total costs, including direct, administrative, and overhead 
     associated with the provision of goods, services, or 
     technical assistance.
       The appropriation structure for the Indian Health Service 
     may not be altered without advance notification to the House 
     and Senate Committees on Appropriations.

                     National Institutes of Health


          national institute of environmental health sciences

       For necessary expenses for the National Institute of 
     Environmental Health Sciences in carrying out activities set 
     forth in section 311(a) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended, and section 126(g) of the Superfund Amendments and 
     Reauthorization Act of 1986, $79,414,000, of which $3,000,000 
     for individual project grants shall remain available until 
     September 30, 2008.

            Agency for Toxic Substances and Disease Registry


            toxic substances and environmental public health

       For necessary expenses for the Agency for Toxic Substances 
     and Disease Registry (ATSDR) in carrying out activities set 
     forth in sections 104(i), 111(c)(4), and 111(c)(14) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (CERCLA), as amended; section 118(f) of 
     the Superfund Amendments and Reauthorization Act of 1986, as 
     amended; and section 3019 of the Solid Waste Disposal Act, as 
     amended, $76,754,000, of which up to $1,500,000, to remain 
     available until expended, is for Individual Learning Accounts 
     for full-time equivalent employees of the Agency for Toxic 
     Substances and Disease Registry: Provided, That 
     notwithstanding any other provision of law, in lieu of 
     performing a health assessment under section 104(i)(6) of 
     CERCLA, the Administrator of ATSDR may conduct other 
     appropriate health studies, evaluations, or activities, 
     including, without limitation, biomedical testing, clinical 
     evaluations, medical monitoring, and referral to accredited 
     health care providers: Provided further, That in performing 
     any such health assessment or health study, evaluation, or 
     activity, the Administrator of ATSDR shall not be bound by 
     the deadlines in section 104(i)(6)(A) of CERCLA: Provided 
     further, That funds paid for administrative costs to the 
     Centers of Disease Control and Prevention shall not exceed 
     7.5 percent of the funding provided under this heading: 
     Provided further, That none of the funds appropriated under 
     this heading shall be available for ATSDR to issue in excess 
     of 40 toxicological profiles pursuant to section 104(i) of 
     CERCLA during fiscal year 2007, and existing profiles may be 
     updated as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President


  Council on Environmental Quality and Office of Environmental Quality

       For necessary expenses to continue functions assigned to 
     the Council on Environmental Quality and Office of 
     Environmental Quality pursuant to the National Environmental 
     Policy Act of 1969, the Environmental Quality Improvement Act 
     of 1970, and Reorganization Plan No. 1 of 1977, and not to 
     exceed $750 for official reception and representation 
     expenses, $2,627,000: Provided, That notwithstanding section 
     202 of the National Environmental Policy Act of 1970, the 
     Council shall consist of one member, appointed by the 
     President, by and with the advice and consent of the Senate, 
     serving as chairman and exercising all powers, functions, and 
     duties of the Council.

             Chemical Safety and Hazard Investigation Board


                         salaries and expenses

       For necessary expenses in carrying out activities pursuant 
     to section 112(r)(6) of the Clean Air Act, as amended, 
     including hire of passenger vehicles, uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902, and for 
     services authorized by 5 U.S.C. 3109 but at rates for 
     individuals not to exceed the per diem equivalent to the 
     maximum rate payable for senior level positions under 5 
     U.S.C. 5376, $9,208,000: Provided, That the Chemical Safety 
     and Hazard Investigation

[[Page H2823]]

     Board (Board) shall have not more than three career Senior 
     Executive Service positions: Provided further, That in fiscal 
     year 2007 and thereafter, notwithstanding any other provision 
     of law, the Environmental Protection Agency Inspector General 
     shall not serve as the Inspector General for the Board: 
     Provided further, That up to $600,000 of the funds provided 
     herein may be used for personnel compensation and benefits 
     for the Members of the Board.

              Office of Navajo and Hopi Indian Relocation


                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $5,940,000, to remain available until expended: Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as eligible and not included in the 
     preceding categories: Provided further, That none of the 
     funds contained in this or any other Act may be used by the 
     Office of Navajo and Hopi Indian Relocation to evict any 
     single Navajo or Navajo family who, as of November 30, 1985, 
     was physically domiciled on the lands partitioned to the Hopi 
     Tribe unless a new or replacement home is provided for such 
     household: Provided further, That no relocatee will be 
     provided with more than one new or replacement home: Provided 
     further, That the Office shall relocate any certified 
     eligible relocatees who have selected and received an 
     approved homesite on the Navajo reservation or selected a 
     replacement residence off the Navajo reservation or on the 
     land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498, as amended (20 U.S.C. 56 part A), 
     $6,703,000.

                        Smithsonian Institution


                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; up to five 
     replacement passenger vehicles; purchase, rental, repair, and 
     cleaning of uniforms for employees, $517,094,000, of which 
     $10,000,000 is for facilities maintenance at the National 
     Zoological Park; of which not to exceed $9,964,000 for the 
     instrumentation program, collections acquisition, exhibition 
     reinstallation, the National Museum of African American 
     History and Culture, and the repatriation of skeletal remains 
     program shall remain available until expended; and of which 
     $2,077,000 for fellowships and scholarly awards shall remain 
     available until September 30, 2008; and including such funds 
     as may be necessary to support American overseas research 
     centers and a total of $125,000 for the Council of American 
     Overseas Research Centers: Provided, That funds appropriated 
     herein are available for advance payments to independent 
     contractors performing research services or participating in 
     official Smithsonian presentations.


                           facilities capital

       For necessary expenses of repair, revitalization, and 
     alteration of facilities owned or occupied by the Smithsonian 
     Institution, by contract or otherwise, as authorized by 
     section 2 of the Act of August 22, 1949 (63 Stat. 623), and 
     for construction, including necessary personnel, 
     $107,000,000, to remain available until expended, of which 
     $20,000,000 is for maintenance, repair, rehabilitation, and 
     construction of facilities at the National Zoological Park, 
     and of which not to exceed $10,000 is for services as 
     authorized by 5 U.S.C. 3109: Provided, That contracts awarded 
     for environmental systems, protection systems, and repair or 
     restoration of facilities of the Smithsonian Institution may 
     be negotiated with selected contractors and awarded on the 
     basis of contractor qualifications as well as price.


           administrative provisions, smithsonian institution

       None of the funds in this or any other Act may be used to 
     make any changes to the existing Smithsonian science programs 
     including closure of facilities, relocation of staff or 
     redirection of functions and programs without the advance 
     approval of the House and Senate Committees on 
     Appropriations.
       None of the funds in this or any other Act may be used to 
     initiate the design for any proposed expansion of current 
     space or new facility without consultation with the House and 
     Senate Committees on Appropriations.
       None of the funds in this or any other Act may be used for 
     the Holt House located at the National Zoological Park in 
     Washington, D.C., unless identified as repairs to minimize 
     water damage, monitor structure movement, or provide interim 
     structural support.
       None of the funds available to the Smithsonian may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     reprogramming procedures contained in the statement of the 
     managers accompanying this Act.
       None of the funds in this or any other Act may be used to 
     purchase any additional buildings without prior consultation 
     with the House and Senate Committees on Appropriations.
       None of the funds made available by this Act may be used to 
     execute any contract or legal agreement with a for-profit 
     entity which has the effect of significantly limiting access 
     by the public to Smithsonian personnel or to Smithsonian 
     collections unless such agreement has been publicly noticed 
     at least 30 days prior to entering into such contract or 
     agreement and has been approved by the Regents of the 
     Smithsonian Institution after reviewing any public comments 
     that have been received during the public comment period. 
     This section does not limit the Smithsonian's existing 
     authority to grant or deny any specific request, by any 
     organization or individual for access, based on its judgment 
     of the appropriateness of the use of Smithsonian resources 
     being proposed in a specific application.
       None of the funds in the Act shall be used to administer or 
     otherwise facilitate the payment of compensation to any 
     officer or employee of the Smithsonian or any of its 
     subsidiary organizations at an annual rate of pay, including 
     any bonuses or similar cash or in-kind amounts, in excess of 
     the rate of pay of the President of the United States.

                        National Gallery of Art


                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $101,794,000, 
     of which not to exceed $3,239,000 for the special exhibition 
     program shall remain available until expended.


            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $14,949,000, to remain available 
     until expended: Provided, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price: 
     Provided further, That, notwithstanding any other provision 
     of law, a single procurement for the Master Facilities Plan 
     renovation project at the National Gallery of Art may be 
     issued which includes the full scope of the Work Area #3 
     project: Provided further, That the solicitation and the 
     contract shall contain the clause ``availability of funds'' 
     found at 48 CFR 52.232.18.

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $18,909,000.


                              construction

       For necessary expenses for capital repair and restoration 
     of the existing features of the building and site of the John 
     F. Kennedy Center for the Performing Arts, $19,800,000, to 
     remain available until expended.

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $9,438,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $124,412,000 shall be available to the National Endowment for 
     the Arts for the support of projects and productions in the 
     arts, including arts

[[Page H2824]]

     education and public outreach activities, through assistance 
     to organizations and individuals pursuant to section 5 of the 
     Act, including $14,097,000 for support of arts education and 
     public outreach activities through the Challenge America 
     program, for program support, and for administering the 
     functions of the Act, to remain available until expended: 
     Provided, That funds previously appropriated to the National 
     Endowment for the Arts ``Matching Grants'' account and 
     ``Challenge America'' account may be transferred to and 
     merged with this account: Provided further, That funds 
     appropriated herein shall be expended in accordance with 
     sections 309 and 311 of Public Law 108-108.

                 National Endowment for the Humanities


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $126,049,000, shall be available to the National Endowment 
     for the Humanities for support of activities in the 
     humanities, pursuant to section 7(c) of the Act, and for 
     administering the functions of the Act, to remain available 
     until expended.


                            matching grants

       To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $14,906,000, to remain available until 
     expended, of which $9,648,000 shall be available to the 
     National Endowment for the Humanities for the purposes of 
     section 7(h): Provided, That this appropriation shall be 
     available for obligation only in such amounts as may be equal 
     to the total amounts of gifts, bequests, and devises of 
     money, and other property accepted by the chairman or by 
     grantees of the Endowment under the provisions of subsections 
     11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.

                       Administrative Provisions

       None of the funds appropriated to the National Foundation 
     on the Arts and the Humanities may be used to process any 
     grant or contract documents which do not include the text of 
     18 U.S.C. 1913: Provided, That none of the funds appropriated 
     to the National Foundation on the Arts and the Humanities may 
     be used for official reception and representation expenses: 
     Provided further, That funds from nonappropriated sources may 
     be used as necessary for official reception and 
     representation expenses: Provided further, That the 
     Chairperson of the National Endowment for the Arts may 
     approve grants up to $10,000, if in the aggregate this amount 
     does not exceed 5 percent of the sums appropriated for grant-
     making purposes per year: Provided further, That such small 
     grant actions are taken pursuant to the terms of an expressed 
     and direct delegation of authority from the National Council 
     on the Arts to the Chairperson: Provided further, That 20 
     U.S.C. 954(e) shall not apply to grants and contracts funded 
     solely with nonappropriated monies.

                        Commission of Fine Arts


                         salaries and expenses

       For expenses made necessary by the Act establishing a 
     Commission of Fine Arts (40 U.S.C. 104), $1,951,000: 
     Provided, That the Commission is authorized to charge fees to 
     cover the full costs of its publications, and such fees shall 
     be credited to this account as an offsetting collection, to 
     remain available until expended without further 
     appropriation.


               National Capital Arts and Cultural Affairs

       For necessary expenses as authorized by Public Law 99-190 
     (20 U.S.C. 956a), as amended, $6,534,000.

               Advisory Council on Historic Preservation


                         salaries and expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), $5,118,000: 
     Provided, That none of these funds shall be available for 
     compensation of level V of the Executive Schedule or higher 
     positions.

                  National Capital Planning Commission


                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $7,623,000: 
     Provided, That one-quarter of 1 percent of the funds provided 
     under this heading may be used for official reception and 
     representational expenses associated with hosting 
     international visitors engaged in the planning and physical 
     development of world capitals.

                United States Holocaust Memorial Museum


                       holocaust memorial museum

       For expenses of the Holocaust Memorial Museum, as 
     authorized by Public Law 106-292 (36 U.S.C. 2301-2310), 
     $43,415,000, of which $515,000 for the equipment replacement 
     program shall remain available until September 30, 2009; and 
     $1,900,000 for the museum's repair and rehabilitation program 
     and $1,264,000 for the museum's exhibition design and 
     production program shall remain available until expended.

                             Presidio Trust


                          presidio trust fund

       For necessary expenses to carry out title I of the Omnibus 
     Parks and Public Lands Management Act of 1996, $19,256,000 
     shall be available to the Presidio Trust, to remain available 
     until expended.

      White House Commission on the National Moment of Remembrance


                         salaries and expenses

       For necessary expenses of the White House Commission on the 
     National Moment of Remembrance, $200,000.

                      TITLE IV--GENERAL PROVISIONS

       Sec. 401. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive Order issued pursuant to existing law.

                              {time}  1615

  Mr. TAYLOR of North Carolina (during the reading). Mr. Chairman, I 
ask unanimous consent that the remainder of title IV be considered as 
read, printed in the Record, and open to amendment at any point.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  The text of the remainder of title IV is as follows:

       Sec. 402. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which Congressional action is not complete other than to 
     communicate to Members of Congress as described in 18 U.S.C. 
     1913.
       Sec. 403. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 404. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 405. Estimated overhead charges, deductions, reserves 
     or holdbacks from programs, projects, activities and 
     subactivities to support government-wide, departmental, 
     agency or bureau administrative functions or headquarters, 
     regional or central operations shall be presented in annual 
     budget justifications and subject to approval by the 
     Committees on Appropriations. Changes to such estimates shall 
     be presented to the Committees on Appropriations for 
     approval.
       Sec. 406. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer provided in, this Act or any other Act.
       Sec.  407. None of the funds available to the Forest 
     Service or the Bureau of Land Management may be used in 
     fiscal year 2007 or fiscal year 2008 to plan, prepare, or 
     offer for sale timber from trees classified as giant sequoia 
     (Sequoiadendron giganteum) which are located on National 
     Forest System or Bureau of Land Management lands in a manner 
     different than such sales were conducted in fiscal year 2005.
       Sec.  408. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply if the Secretary of the Interior determines that, for 
     the claim concerned: (1) a patent application was filed with 
     the Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 2007, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on actions taken by the 
     Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have the 
     sole responsibility to choose and pay the third-party 
     contractor in accordance with the

[[Page H2825]]

     standard procedures employed by the Bureau of Land Management 
     in the retention of third-party contractors.
       Sec.  409. Notwithstanding any other provision of law, 
     amounts appropriated to or earmarked in committee reports for 
     the Bureau of Indian Affairs and the Indian Health Service by 
     Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
     277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447, and 
     109-54 for payments to tribes and tribal organizations for 
     contract support costs associated with self-determination or 
     self-governance contracts, grants, compacts, or annual 
     funding agreements with the Bureau of Indian Affairs or the 
     Indian Health Service as funded by such Acts, are the total 
     amounts available for fiscal years 1994 through 2006 for such 
     purposes, except that, for the Bureau of Indian Affairs, 
     tribes and tribal organizations may use their tribal priority 
     allocations for unmet contract support costs of ongoing 
     contracts, grants, self-governance compacts or annual funding 
     agreements.
       Sec.  410. No part of any appropriation contained in this 
     Act shall be expended or obligated to complete and issue the 
     5-year program under the Forest and Rangeland Renewable 
     Resources Planning Act.
       Sec.  411. Amounts deposited during fiscal year 2006 in the 
     roads and trails fund provided for in the 14th paragraph 
     under the heading ``FOREST SERVICE'' of the Act of March 4, 
     1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the 
     Secretary of Agriculture, without regard to the State in 
     which the amounts were derived, to repair or reconstruct 
     roads, bridges, and trails on National Forest System lands or 
     to carry out and administer projects to improve forest health 
     conditions, which may include the repair or reconstruction of 
     roads, bridges, and trails on National Forest System lands in 
     the wildland-community interface where there is an abnormally 
     high risk of fire. The projects shall emphasize reducing 
     risks to human safety and public health and property and 
     enhancing ecological functions, long-term forest 
     productivity, and biological integrity. The projects may be 
     completed in a subsequent fiscal year. Funds shall not be 
     expended under this section to replace funds which would 
     otherwise appropriately be expended from the timber salvage 
     sale fund. Nothing in this section shall be construed to 
     exempt any project from any environmental law.
       Sec. 412. Other than in emergency situations, none of the 
     funds in this Act may be used to operate telephone answering 
     machines during core business hours unless such answering 
     machines include an option that enables callers to reach 
     promptly an individual on-duty with the agency being 
     contacted.
       Sec.  413. Prior to October 1, 2008, the Secretary of 
     Agriculture shall not be considered to be in violation of 
     subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
     solely because more than 15 years have passed without 
     revision of the plan for a unit of the National Forest 
     System. Nothing in this section exempts the Secretary from 
     any other requirement of the Forest and Rangeland Renewable 
     Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 
     law: Provided, That if the Secretary is not acting 
     expeditiously and in good faith, within the funding 
     available, to revise a plan for a unit of the National Forest 
     System, this section shall be void with respect to such plan 
     and a court of proper jurisdiction may order completion of 
     the plan on an accelerated basis.
       Sec.  414. No funds provided in this Act may be expended to 
     conduct preleasing, leasing and related activities under 
     either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     within the boundaries of a National Monument established 
     pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     as such boundary existed on January 20, 2001, except where 
     such activities are allowed under the Presidential 
     proclamation establishing such monument.
       Sec.  415. In entering into agreements with foreign 
     countries pursuant to the Wildfire Suppression Assistance Act 
     (42 U.S.C. 1856m) the Secretary of Agriculture and the 
     Secretary of the Interior are authorized through the end of 
     fiscal year 2010 to enter into reciprocal agreements in which 
     the individuals furnished under said agreements to provide 
     wildfire services are considered, for purposes of tort 
     liability, employees of the country receiving said services 
     when the individuals are engaged in fire suppression. The 
     Secretary of Agriculture or the Secretary of the Interior 
     shall not enter into any agreement under this provision 
     unless the foreign country (either directly or through its 
     fire organization) agrees to assume any and all liability for 
     the acts or omissions of American firefighters engaged in 
     firefighting in a foreign country. When an agreement is 
     reached for furnishing fire fighting services, the only 
     remedies for acts or omissions committed while fighting fires 
     shall be those provided under the laws of the host country, 
     and those remedies shall be the exclusive remedies for any 
     claim arising out of fighting fires in a foreign country. 
     Neither the sending country nor any legal organization 
     associated with the firefighter shall be subject to any legal 
     action whatsoever pertaining to or arising out of the 
     firefighter's role in fire suppression.
       Sec.  416. In awarding a Federal contract with funds made 
     available by this Act, notwithstanding Federal Government 
     procurement and contracting laws, the Secretary of 
     Agriculture and the Secretary of the Interior (the 
     ``Secretaries'') may, in evaluating bids and proposals, give 
     consideration to local contractors who are from, and who 
     provide employment and training for, dislocated and displaced 
     workers in an economically disadvantaged rural community, 
     including those historically timber-dependent areas that have 
     been affected by reduced timber harvesting on Federal lands 
     and other forest-dependent rural communities isolated from 
     significant alternative employment opportunities. 
     Notwithstanding Federal Government procurement and 
     contracting laws the Secretaries may award contracts, grants 
     or cooperative agreements to local non-profit entities, Youth 
     Conservation Corps or related partnerships with State, local 
     or non-profit youth groups, or small or micro-business or 
     disadvantaged business. The contract, grant, or cooperative 
     agreement is for forest hazardous fuels reduction, watershed 
     or water quality monitoring or restoration, wildlife or fish 
     population monitoring, or habitat restoration or management. 
     The terms ``rural community'' and ``economically 
     disadvantaged'' shall have the same meanings as in section 
     2374 of Public Law 101-624. The Secretaries shall develop 
     guidance to implement this section. Nothing in this section 
     shall be construed as relieving the Secretaries of any duty 
     under applicable procurement laws, except as provided in this 
     section.
       Sec.  417. No funds appropriated in this Act for the 
     acquisition of lands or interests in lands may be expended 
     for the filing of declarations of taking or complaints in 
     condemnation without the approval of the House and Senate 
     Committees on Appropriations: Provided, That this provision 
     shall not apply to funds appropriated to implement the 
     Everglades National Park Protection and Expansion Act of 
     1989, or to funds appropriated for Federal assistance to the 
     State of Florida to acquire lands for Everglades restoration 
     purposes.
       Sec. 418. (a) Limitation on Competitive Sourcing Studies.--
       (1) Of the funds made available by this or any other Act to 
     the Department of the Interior for fiscal year 2007, not more 
     than $3,450,000 may be used by the Secretary of the Interior 
     to initiate or continue competitive sourcing studies in 
     fiscal year 2007 for programs, projects, and activities for 
     which funds are appropriated by this Act until such time as 
     the Secretary concerned submits a reprogramming proposal to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives, and such proposal has been processed 
     consistent with the reprogramming guidelines included in the 
     report accompanying this Act.
       (2) Of the funds appropriated by this Act, not more than 
     $2,500,000 may be used in fiscal year 2007 for competitive 
     sourcing studies and related activities by the Forest 
     Service.
       (b) Competitive Sourcing Study Defined.--In this section, 
     the term ``competitive sourcing study'' means a study on 
     subjecting work performed by Federal Government employees or 
     private contractors to public-private competition or on 
     converting the Federal Government employees or the work 
     performed by such employees to private contractor performance 
     under the Office of Management and Budget Circular A-76 or 
     any other administrative regulation, directive, or policy.
       (c) Competitive Sourcing Exemption for Forest Service 
     Studies Conducted Prior to Fiscal Year 2006.--The Forest 
     Service is hereby exempted from implementing the Letter of 
     Obligation and post-competition accountability guidelines 
     where a competitive sourcing study involved 65 or fewer full-
     time equivalents, the performance decision was made in favor 
     of the agency provider, no net savings was achieved by 
     conducting the study, and the study was completed prior to 
     the date of this Act.
       (d) In preparing any reports to the Committees on 
     Appropriations on competitive sourcing activities, agencies 
     funded in this Act shall include all costs attributable to 
     conducting the competitive sourcing competitions and staff 
     work to prepare for competitions or to determine the 
     feasibility of starting competitions, including costs 
     attributable to paying outside consultants and contractors 
     and, in accordance with full cost accounting principles, all 
     costs attributable to developing, implementing, supporting, 
     managing, monitoring, and reporting on competitive sourcing, 
     including personnel, consultant, travel, and training costs 
     associated with program management.
       (e) In carrying out any competitive sourcing study 
     involving Forest Service employees, the Secretary of 
     Agriculture shall--
       (1) determine whether any of the employees concerned are 
     also qualified to participate in wildland fire management 
     activities; and
       (2) take into consideration the effect that contracting 
     with a private sector source would have on the ability of the 
     Forest Service to effectively and efficiently fight and 
     manage wildfires.
       Sec. 419. None of the funds in this Act or prior Acts 
     making appropriations for the Department of the Interior and 
     Related Agencies may be provided to the managing partners or 
     their agents for the SAFECOM or Disaster Management projects.
       Sec.  420. Section 331 of the Department of the Interior 
     and Related Agencies Appropriations Act, 2000 (as enacted 
     into law by section 1000(a)(3) of Public Law 106-113; 113 
     Stat. 1501A-196; 16 U.S.C. 497 note), as amended, is 
     amended--

[[Page H2826]]

       (1) in subsection (a) by striking ``2006'' and inserting 
     ``2007''; and
       (2) in subsection (b) by striking ``2006'' and inserting 
     ``2007''.
       Sec. 421. The Secretary of Agriculture may acquire, by 
     exchange or otherwise, a parcel of real property, including 
     improvements thereon, of the Inland Valley Development Agency 
     of San Bernardino, California, or its successors and assigns, 
     generally comprising Building No. 3 and Building No. 4 of the 
     former Defense Finance and Accounting Services complex 
     located at the southwest corner of Tippecanoe Avenue and Mill 
     Street in San Bernardino, California, adjacent to the former 
     Norton Air Force Base. As full consideration for the property 
     to be acquired, the Secretary of Agriculture may terminate 
     the leasehold rights of the United States received pursuant 
     to section 8121(a)(2) of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 999). 
     The acquisition of the property shall be on such terms and 
     conditions as the Secretary of Agriculture considers 
     appropriate and may be carried out without appraisals, 
     environmental or administrative surveys, consultations, 
     analyses, or other considerations of the condition of the 
     property.
       Sec. 422. None of the funds made available in this Act may 
     be used to study, complete a study of, or enter into a 
     contract with a private party to carry out, without specific 
     authorization in a subsequent Act of Congress, a competitive 
     sourcing activity of the Secretary of Agriculture or the 
     Secretary of the Interior, including support personnel of the 
     Department of Agriculture and the Department of the Interior, 
     relating to wildfire management or wildfire suppression 
     programs.
       Sec. 423. None of the funds made available in this Act may 
     be used to work on or enter into a contract with a private 
     party to carry out, the Fire Program Analysis system, unless 
     both the Secretary of Agriculture and the Secretary of the 
     Interior certify, in writing to the Comptroller General, that 
     this funding will accomplish the existing work plan, as 
     determined by the Wildland Fire Leadership Council, and that 
     State wildfire agencies will be full participants in the use 
     and development of the system.
       Sec. 424. Notwithstanding any other provision of law, no 
     officer or employee of the Smithsonian Institution or any of 
     its subsidiary organizations shall be compensated directly or 
     indirectly at an annual rate of pay in excess of the 
     statutorily established rate of pay of the President of the 
     United States.
       Sec. 425. (a) The Congress finds that--
       (1) greenhouse gases accumulating in the atmosphere are 
     causing average temperatures to rise at a rate outside the 
     range of natural variability and are posing a substantial 
     risk of rising sea-levels, altered patterns of atmospheric 
     and oceanic circulation, and increased frequency and severity 
     of floods and droughts;
       (2) There is a growing scientific consensus that human 
     activity is a substantial cause of greenhouse gas 
     accumulation in the atmosphere; and
       (3) mandatory steps will be required to slow or stop the 
     growth of greenhouse gas emissions into the atmosphere.
       (b) It is the sense of the Congress that there should be 
     enacted a comprehensive and effective national program of 
     mandatory, market-based limits and incentives on emissions of 
     greenhouse gases that slow, stop, and reverse the growth of 
     such emissions at a rate and in a manner that (1) will not 
     significantly harm the United States economy; and (2) will 
     encourage comparable action by other nations that are major 
     trading partners and key contributors to global emissions.


                             Point of Order

  Mr. YOUNG of Alaska. Mr. Chairman, I make a point of order.
  The Acting CHAIRMAN. The gentleman will state his point of order.
  Mr. YOUNG of Alaska. Mr. Chairman, I raise a point of order that the 
language contained in section 425 beginning with ``the Congress finds 
that,'' on page 125, line 3, through ``contributors of global 
emissions'' on page 125, line 25, violates clause 2 of rule XXI of the 
rules of the House representing prohibited legislation in appropriation 
bills.
  The language that I have cited contains congressional findings and a 
sense of Congress on global warming. This language clearly constitutes 
legislation in appropriations bill, and such violates clause 2 of rule 
XXI.
  The Acting CHAIRMAN. Does any Member wish to be heard on the point of 
order?
  Mr. DICKS. Mr. Chairman, I would like to be heard on the point of 
order. This is my amendment, and I want the gentleman to understand 
that this doesn't have anything to do with authorizing language either 
for Interior or for Agriculture and that this amendment is a sense of 
the Congress.
  Now, I don't see, and it would seem to me that the gentleman from 
Alaska would be more concerned about the global warming issue because 
of the consequences for his State. So I am very surprised that he is 
offering this point of order against my amendment, and I would hope he 
would reconsider.
  The Acting CHAIRMAN. Does the gentleman from Alaska wish to be heard 
further?
  Mr. YOUNG of Alaska. I will not reconsider. The language clearly 
constitutes legislation on an appropriations bill, and you know I do 
not like legislation on appropriations bills, period. I have been up 
here before, and I will be up here again every time on legislation on 
appropriations bills.
  The Acting CHAIRMAN. Does any other Member wish to be heard on the 
point of order?
  The Chair finds that this section states a legislative sentiment of 
the Congress. The section therefore constitutes legislation in 
violation of clause 2 of rule XXI. The point of order is sustained and 
the section is stricken from the bill.


                     Amendment Offered by Mr. Obey

  Mr. OBEY. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Obey:
       Page 125, after line 25, insert the following new section:
       Sec. 426. The amounts otherwise provided by this Act are 
     revised by reducing the amount available for Environmental 
     Protection Agency, Environmental Programs and Management, and 
     increasing the amount made available for Environmental 
     Protection Agency, Environmental Programs and Management, by 
     $1.

  The Acting CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from Wisconsin (Mr. Obey) and the gentleman from Alaska (Mr. 
Young) each will control 15 minutes.
  The Chair recognizes the gentleman from Wisconsin.
  Mr. OBEY. Mr. Chairman, I offer this amendment simply to have an 
opportunity to comment on what has just transpired on the House floor.
  My great mentor and friend through most of my public life has been 
Gaylord Nelson, the founder of Earth Day, and perhaps the greatest 
environmentalist who ever served in the United States Senate. Just 
before he died, I had my last conversation with him about environmental 
issues, and he made quite clear that he thought the greatest 
environmental threat to mankind over the next 100 years was the issue 
of global warming. And it is time this Congress face up to that fact 
and does something about it.
  I don't know what it takes to have this government get off its you-
know-what and start dealing with the most critical environmental 
problem that confronts the entire planet. If we just take a look at a 
few of the pieces of evidence that are lying all around: core drillings 
in glaciers around the world enable us to study bubbles that go back as 
far as 300,000 years, and we see that we have a higher concentration of 
carbon dioxide than we have had in the known history of the planet.
  Since 1970, the duration and intensity of hurricanes has increased by 
50 percent, the number of tornados in this country has now reached the 
highest number in recorded history, some 1,700 in one year. Two hundred 
western cities have broken heat records in the past 2 years.
  Glaciers, which are serving really as the proverbial canaries in the 
mines, are trying to tell us something. Twenty-seven of the 38 glaciers 
in Glacier Park are gone, and the rest of them are likely to be gone 
before this century reaches its halfway point. The Larsen ice shelf, 
700 feet thick, was expected to last 100 years; it suddenly began to 
collapse in two weeks. The Arctic ice cap has lost half of its 
thickness in the last half century. The Greenland ice cap, as was 
referred to on that side of the aisle earlier, is melting at a highly 
accelerated rate. And, if it goes, one third of Florida goes with it. 
It will be underwater. If it goes, it could shut down the major 
Atlantic Ocean current. The current that drives the gulf stream has 
already decreased 30 percent in 50 years, and that is driven by 
differences in temperature and salinity of the water.
  So this to me is not just an environmental problem; it is a moral 
problem. It isn't going to affect my generation. All of you who are in 
my generation are going to be gone within 20 years. But it most 
certainly is going to affect our kids, it most certainly is going to 
affect our grandkids. And I would hope that we would demonstrate that 
we

[[Page H2827]]

care more about the welfare of the planet than we care about committee 
jurisdictional dung hills.
  But what is apparent today is that this Congress is going to be 
prevented from making a simple statement of fact that humans and human 
activity are driving, at least significantly driving, the problem of 
global warming and that we have an obligation to do something on the 
national level and the international level to deal with it, and we have 
an obligation to do it now.
  John Sawhill, who served a variety of Republican administrations in a 
variety of capacities, said this just before he died: ``In the end, our 
society will be defined not only by what we create, but by what we 
refuse to destroy.'' And I think we ought to remember that when we 
think of this issue.
  To me, I think we need to remember what those who were present saw in 
1933 at FDR's inaugural when he took the oath of office on the very 
steps of this Capitol. He is remembered mostly for saying that ``we 
have nothing to fear but fear itself.'' But the line that got the 
greatest reaction from the crowd at that time was when FDR said, ``We 
need action, and we need action now.'' We most certainly do. And I 
regret very much that the gentleman felt it necessary to knock out this 
language. If he is going to do that, then I would suggest that the 
authorizing committees have an obligation to sit down with the White 
House and begin immediately, not 6 months, not 6 years from now, the 
real process of producing actions that will indeed save this planet 
from what is most assuredly going to occur if we continue the drift 
that is implied by this action today.
  Mr. Chairman, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Chairman, I have the greatest respect for 
the gentleman who just spoke. My interest is in fact legislation on 
appropriation bills. And I do believe we have the opportunity to in 
fact have good hearings on this issue, because there is a difference of 
opinion.
  Do me a favor, my friends, and go back and read 1972, 1973, 1974 and 
1975. You were here, Mr. Obey. I believe you were. I was. Maybe you 
weren't.
  Mr. OBEY. Yes.
  Mr. YOUNG of Alaska. We call that the Ice Age. Every scientist of any 
renown said we were faced with an ice age. It was irreversible. We were 
going to be faced with famines. The world was coming to an end. And we 
had to do something about it immediately. We had to do something about 
it as the Congress.
  Check the records. That is the reality. What concerns me the most is 
the possibility of a fear tactic being implemented in the warming 
threat.
  Let's have a good study. Let's have a debate and division of what is 
occurring by scientists. Let's look at the model. Yes, the Earth is 
warming, in some areas. I just read a report, in fact, that Greenland 
is cooling. The thing I think strikes me the most is if you will take 
the time to study the globe, the world as we know it, and look at what 
has occurred in the past and possibly will occur in the future, we are 
now pumping 1 million barrels a day from Prudhoe Bay. Prudhoe Bay, the 
most northern part of this continent, we are pumping that oil.
  Now, I ask you, my friends, if you studied science, where does oil 
come from? What occurred on this globe at that time to allow mastodons, 
ferns, tree stumps, a tropical atmosphere to be there to create that 
oil? And that is the reality.
  I ask you, secondly, if you go back to the Ice Age, and we have had 
four ice ages, three majors and one minor, if you go to New Mexico 12 
million years ago, there was 287 feet of ice in New Mexico. I won't ask 
you what created that ice. But I will ask each and every one of you and 
everybody watching and everybody talking this fear tactic what melted 
that ice all the way to the North Pole before mankind set foot on this 
continent. It certainly wasn't hair spray or freon or automobile 
emissions. It melted, 287 foot of ice, before we set foot.
  I am a little bit concerned when everything that is wrong is our 
fault, that the human factor creates all the damages on this globe. 
That is pure nonsense. That is nonsense.
  And so I am asking you, let's have the hearings, let's have the 
scientists, let's have some debate about really what is occurring here 
instead of having hysteria and saying it is all our fault.
  And, by the way, it is always the fault of the Americans. It is never 
the fault of the bigger countries that burn as many barrels of oil as 
we are doing today, not per capita but as many barrels of oil, and burn 
the coal as we are trying to do. It is never their fault. It is our 
fault.
  So let's have a sound debate about this issue and not be caught in 
this attitude that we must do something right now because we are the 
Federal Government. Let's do it the right way.
  I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, I knew we still had charter members of the Flat Earth 
Society walking around this country. I didn't realize there were quite 
so many in the United States Congress.
  Mr. YOUNG of Alaska. I am just curious, were you referring to 
yourself?
  Mr. OBEY. The rules don't allow me to say who I was referring to.
  The gentleman says we should have studies, we should have hearings. 
Your party has controlled this Congress for 14 years. The time for 
studying is over. The time for studying is past. There is a huge 
scientific consensus that human beings are driving global warming. And 
James Hansen from NASA has told us that in his view we may have less 
than 10 years to deal with this problem before we hit a critical 
tipping point beyond which we will be facing catastrophe.
  He may be right, and you may be right. If you are right, then moving 
to deal with this problem costs us very little. If he is right, not 
moving costs us everything. The gentleman refers to an ice age.

                              {time}  1630

  If you shut down the ocean currents' conveyors, you are going to have 
an ice age in one heck of a hurry. So I would suggest the gentleman has 
committee responsibilities. If he does not want this committee to meet 
our responsibilities, as we have tried to do, then it is about time you 
meet yours and actually do something about it rather than denying that 
this is a real problem.
  Mr. Chairman, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself 2 minutes.
  I thank the gentleman, again, for his presentation. I am glad he gave 
us an additional 2 years because the way I record it we have been in 
power for 12 years, not 14 years. I would gladly take two more. Maybe 
that is an omen of this next election, but I am just saying we have 
actually been going on 12 years.
  Lastly, let us say this is not about the action itself. It is about 
legislating on appropriation, but I do, and ask you sincerely, I do not 
have jurisdiction with that committee. Thank God, I do not really run 
the White House, but I think we have to legitimately and not respond to 
the fear tactic. Read the book, Controlled By Fear. It is very 
interesting you can frighten people into doing most anything, including 
taking away the economy and the opportunity for future generations, 
easily done.
  That is what I do not want us to fall into. If we are the driving 
factor, I am willing to accept that responsibility and do something of 
it, but again, go back to the history of this globe and what has 
occurred. It is ironic when I go into many of these States and I see 
seashells at 11,000 feet, seashells. This continent was covered with 
water at one time, retreated and allowed humanity to grow. Now, keep 
that in mind. Do not keep getting caught in the idea that everything 
that is here now is permanent. The Earth is a natural, evolving 
phenomenon.
  That is all I am asking people to do. It is not to be caught into the 
fear and driving and say it is all our fault what is occurring. If that 
is the case through such studies, then let us accept that, but right 
now it has not been proven. There is a large division that says this is 
not happening because of humanity.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I yield myself 1 minute.
  I would simply say to my good friend that just about the only 
scientists left in the world who do not recognize that this is a 
serious and real problem are

[[Page H2828]]

those who have an economic interest in not recognizing it, and that, in 
my view, is an absolute fact.
  The gentleman talks about not wanting to fall into a trap. What you 
are going to fall into if we listen to the gentleman is sea levels 20 
to 30 feet higher than they are now, and virtually every coastal city 
in the world is going to be under water, and New Orleans is going to be 
the norm rather than the unhappy exception. That is what the world is 
going to face if we do not deal with this problem and begin to deal 
with it while we still have time.
  Mr. Chairman, how much time do we have remaining on each side?
  The CHAIRMAN. The gentleman from Wisconsin (Mr. Obey) has 7\1/2\ 
minutes remaining. The gentleman from Alaska (Mr. Young) has 9 minutes 
remaining.
  Mr. OBEY. Mr. Chairman, I yield 5 minutes to the gentleman from 
Massachusetts (Mr. Olver).
  Mr. OLVER. Mr. Chairman, I thank the gentleman for yielding.
  I am sorry that the gentleman from Alaska has raised this point of 
order because planet Earth is warming. Climate scientists of all 
persuasions agree that the average surface temperature of the Earth has 
risen by about 2 degrees Fahrenheit since 1850, and all agree that the 
accurately measurable concentration of carbon dioxide in our atmosphere 
has risen from about 280 parts per million in 1850 to over 380 parts 
per million today. Furthermore, 75 of that 100 parts per million rise 
has occurred in just the last 40 years.
  As a scientist, my attention became totally focused on global warming 
some 15 years ago by the elegant and powerful measurements of carbon 
dioxide trapped in ice cores taken as much as 2 miles deep from the 
great East Antarctica ice sheet.
  Those data give a continuous 400,000-year record of concentration of 
CO2 in the atmosphere at the time the snow that now makes up 
that great ice sheet fell. Through four successive cycles of deep cold 
followed by interglacial periods of warming, in the coldest part of 
each cycle the concentration of CO2 in the atmosphere never 
fell below 190 parts per million, and in the warmest period of each 
cycle never rose above 280 parts per million.
  Suddenly, within the last 40 years, concentration of carbon dioxide 
in our atmosphere has smashed through the 400,000-year maximum of 280 
parts per million to a 380-part per million level and continues to 
rise.
  Since 1850, burning of fossil fuels, coal, oil and natural gas has 
increased 100 times to produce energy as the world has industrialized 
to serve the world's more than 6 billion and growing population. The 
scientists who do climate research understand that much of the ever 
increasing concentration of CO2 in the atmosphere since 1850 
must be attributed to burning those fossil fuels to produce the energy 
that drives industrialization.
  With this chart, let me touch one facet of the climate crisis that we 
are dealing with. 6.3 billion people, on average, produce four tons of 
CO2 every year. That comes to a total of slightly more than 
25 billion tons of CO2 produced every year. Our 290 million 
people produce 20 tons per person, and China, with its almost 1.3 
billion people in 2003 produced 2.7 tons per person of CO2.
  We all know that China is industrializing at a growth rate of 8 to 10 
percent per year. China is on track to pass the U.S. as the largest 
economy in the world in 20 to 25 years, and China is determined to give 
its people a chance at this high standard of living that we enjoy.
  Consider a hypothetical case. If every country except China stayed 
exactly where they are on population and energy usage, and China alone 
industrialized to our level, using the same mix of energy sources that 
the U.S. uses in emitting the same 20 tons of CO2 per person 
that the U.S. emits, it is a simple calculation to reach a number by 
taking the 1.3 billion Chinese and multiplying it by the difference 
between 20 and 2.7, 17.3 additional tons per person, and that comes to 
22.5 billion tons of added CO2 over what is presently 
emitted by the whole world. That is 90 percent as much as is being 
produced by the whole world today.
  The industrialization of China alone would increase by 90 percent the 
concentration of CO2 in our atmosphere and would at least 
increase the atmospheric CO2 by at least another 100 parts 
per million.
  That simple example tells why climate scientists are so concerned 
about the lack of effective measures to curb CO2 emissions, 
to develop new technology, to produce energy that does not produce 
CO2, to increase efficiency of present technology and, 
frankly, to conserve energy.
  The sense of the Congress resolution on which a point of order has 
been raised recognizes the looming crisis that human life faces if we 
continue to produce the energy needed by methods that disrupt the 
Earth's climate by adding humongous amounts of CO2 into our 
atmosphere. It is a critical first step in any effort to address global 
warming.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 3 minutes to the gentleman 
from Maryland (Mr. Gilchrest).
  Mr. GILCHREST. Mr. Chairman, I thank and appreciate the gentleman 
from Alaska for the time.
  The issue that we are debating here, this sense of Congress, is to 
ask the Members of Congress to take a look at a potential problem of 
global warming that human activity is causing by burning fossil fuel 
and adding increasing amounts of CO2 to the atmosphere that 
helps with the greenhouse effect.
  Carbon dioxide makes up less than 100th of 1 percent of the 
atmosphere, a very, very tiny amount. Yet that tiny amount has a large 
impact on the heat balance or the climate of the planet, and so if you 
can take an analysis, which we can, without dispute from the scientific 
community, over the past 10,000 years, you can actually go back 5 
million years, but if you look at the last 10,000 years, we have 
increased in CO2 by a natural amount from 180 parts per 
million of CO2 to 280 parts per million. It took 100 years 
to increase the amount of CO2 in the atmosphere by 100 parts 
per million.
  But then if you look at the last 100 years, especially the last 50 
years, we have increased it by another 100 parts per million. Now, that 
is a tiny amount. It is another very small percentage. It took 10,000 
years to increase it by 100 parts per million. It took really less than 
100 years to increase it another 100 parts per million, which can be 
directly attributed to human activity burning fossil fuel.
  Now, it is still a very tiny amount. Even if the human input to the 
increasing CO2 is only 4 percent, when we are working at 
levels of hundredths of a percent, that 4 percent is significant.
  So we are seeing, as a result of the change in increase in 
CO2, warming temperatures of the atmosphere, warming 
temperatures of the oceans, receding glaciers, and that is not to scare 
people.
  We, as adults, always want better science for our students in our 
schools. We need better science here on the House floor. If you look at 
the Greenland ice sheet 25 years ago, 20 cubic miles of that ice sheet 
was flowing into the North Atlantic. Today, just a few decades later, 
53 cubic miles a year of the Greenland ice sheet is flowing into the 
North Atlantic, and like the gentleman from Wisconsin said earlier, if 
the Greenland ice sheet were to go, and it is growing, we should 
recognize a potential for a 23-feet increase in the sea level.
  So, all we are asking for on the House floor is let us look at the 
data. Let us acknowledge our future.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I just want to remind people, this is an appropriations 
bill, and we can go through the process. I think the debate has been 
good. We have had some good presentations. It is just a matter of 
difference of opinion, and some day we will decide who is right, and 
when I become the correct one I hope you all recognize that.
  Mr. Chairman, I yield back the balance of my time.
  Mr. OBEY. Mr. Chairman, let me yield the remaining 2 minutes of my 
time to the distinguished gentleman from Washington (Mr. Dicks), who 
was the originator of the language which was stricken.
  Mr. DICKS. Mr. Chairman, I am going to be brief here.
  The reason I offered this global warming amendment is because I 
believe this is a serious problem. When

[[Page H2829]]

you have six former administrators of the Environmental Protection 
Agency saying this is a reality, when you have just heard Congressman 
Gilchrest talk about the increases in parts per million of carbon 
dioxide, and when you have the visible evidence of our glaciers 
melting, the Greenland ice sheet is melting at a faster rate, the polar 
bears are dying because there is not enough ice. I mean at some point 
can the majority here not figure out we ought to have some study, we 
ought to look into this, that this is a real issue that affects 
everyone on the Earth?
  While Alaska melts away, their Congressmen will be down here in D.C. 
and everybody will be wondering whatever happened to Alaska.
  All I am saying is this is a serious problem, and it is time for 
serious people to get serious, including the gentleman from Alaska.
  Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield?
  Mr. DICKS. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. Mr. Chairman, I just want to remind him, if you 
look at any of the studies that are taking place now, the polar bear 
pack is very healthy and, in fact, increasing. Keep that in mind. Read 
something that really has some merit to it. Do not just read the fear 
tactic. This is science from the Fish and Wildlife people. Read that. 
They will tell you we are increasing the numbers, not decreasing. Where 
you got this idea, I have no idea. Because someone told you that.
  Mr. DICKS. Mr. Chairman, I do not think you and I will be here to 
figure out who was right. I would rather do some serious research about 
it now than wake up 10 years from now and find out if we would have 
acted back in 2006 and done something about this, we might have been 
able to save all of humanity.
  I mean, this is real and it is an important issue, and I hate to see 
it be treated so frivolously by the gentleman from Alaska.

                              {time}  1645

  Mr. OBEY. Mr. Chairman, I yield for the purpose of a unanimous 
consent request to the gentleman from New Mexico (Mr. Udall).
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Mr. Chairman, I support keeping the language 
in because, as the gentleman from Washington has said, it is very, very 
important to deal with this problem.
  Mr. Chairman, I am extremely disappointed that the Rules Committee 
did not protect the global warming language in the Interior 
Appropriations Bill. Global warming is real and human activities are 
largely to blame. Many scientists believe the erratic and record-
breaking weather events we are seeing across the country, such as the 
prolonged droughts in my home state of New Mexico, are the direct 
result of global warming. The United States must act, and we must act 
soon.
  The language that was removed from the Interior Appropriations Bill 
today declared the need for a mandatory cap on greenhouse emissions. 
Stripping this language further shows the lack of political will of the 
House of Representatives on this issue. Mr. Chairman, global warming is 
perhaps the biggest problem that present and future generations of 
Americans will face. We cannot leave this to our children.
  Our colleagues in the Senate have already begun the much needed 
debate on this issue. In fact, they passed a sense of Congress exactly 
the same as the one that was stripped today. In addition, they held a 
day-long climate change forum that gathered stakeholders on this issue, 
including the leadership of numerous top American companies such as GE 
and Walmart. Many positions and recommendations for federal greenhouse 
gas control legislation were aired and debated. It is way past time for 
the House of Representatives to join the debate. At this point, Mr. 
Chairman, our neglect has become a dereliction of duty.
  Several pieces of legislation have already been introduced on the 
monumentally important and complex issue of global warming. Certainly, 
it will take considerable time, effort and investment to mitigate the 
negative effects of greenhouse gas emissions. And, this must be done 
equitably and without unnecessary harm to hard-working Americans.
  Fortunately, much is already known on what we can do. Research and 
development on creative solutions to global warming has been underway 
for some time. Indeed, there is a lot of optimism that we can control 
the worst effects if we make the commitment. Many companies, states and 
cities around the country have begun the process. The United States 
House of Representatives remains silent.
  We have not had a single hearing on global warming legislation. In 
the mean time, the United States continues to increase its greenhouse 
gas emission levels and China and India are developing fossil fuel 
dependent, carbon-intensive economies at astounding rates. Mr. 
Chairman, the process must begin. The United States must be a leader on 
this issue.
  Included in the list of legislation foundering in the House is a bill 
that the Gentleman from Wisconsin, Mr. Petri, and I introduced. H.R. 
5049, the Keep America Competitive Global Warming Policy Act, is a 
bipartisan policy that will address greenhouse gas emissions but not 
put America's jobs at risk. This monumental step of putting a price on 
carbon will stabilize and eventually reduce emissions, finally putting 
the United States on the road toward curbing the effects of global 
warming.
  Mr. Chairman, I urge the House of Representatives to immediately 
begin the debate on solutions to global warming.
  Mr. OBEY. Mr. Chairman, I want to congratulate the gentleman from 
Alaska. He always does the best job possible in selling a very bad 
case.
  Mr. PETRI. Mr. Chairman, I would like to take this opportunity to 
encourage the House to seriously look at the issue of climate change.
  I agree with many of my colleagues who have spoken today on the need 
to address global warming and that any national policy should not 
significantly harm the United States economy and encourage comparable 
actions by other nations.
  That is why I am the lead cosponsor of Congressman Tom Udall's Keep 
America Competitive Global Warming Policy Act. This legislation is a 
mandatory, economy wide, cap-and-trade all greenhouse gas reduction 
policy.
  It sets a reasonable standard for emissions and allows companies to 
buy the time they need to meet reduction requirements without incurring 
irreparable harm.
  The bill will maintain U.S. competitiveness by encouraging research 
and innovation as well as tie increases in the price of an emission 
allowance to the emissions-reducing actions of developing countries.
  So I hope at some point we can come together and begin the discussion 
in a thoughtful, bipartisan manner and work to address this issue.
  The CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
Wisconsin (Mr. Obey).
  The amendment was rejected.
  The CHAIRMAN. The Clerk will read.
  The Clerk read as follows:

                 TITLE V--SUSPENSION OF ROYALTY RELIEF

       Sec. 501. (a) Requirement To Suspend.--The Secretary of the 
     Interior shall suspend the application of any provision of 
     Federal law under which any person is given relief from any 
     requirement to pay royalty for production oil or natural gas 
     from Federal lands (including submerged lands), for leases 
     occurring in any period after the date of the enactment of 
     this Act with respect to which--
       (1) in the case of production of oil, the average price of 
     crude oil in the United States over the most recent 4 
     consecutive weeks is greater than $34.71 per barrel; and
       (2) in the case of production of natural gas, the average 
     wellhead price of natural gas in the United States over the 
     most recent 4 consecutive weeks is greater than $4.34 per 
     thousand cubic feet.
       (b) Determination of Market Price.--The Secretary shall 
     determine average prices for purposes of subsection (a) based 
     on the most recent data reported by the Energy Information 
     Administration of the Department of Energy.


                             Point of Order

  Mr. PEARCE. Mr. Chairman, I rise to make a point of order.
  The CHAIRMAN. The gentleman will state his point of order.
  Mr. PEARCE. Mr. Chairman, I make the point of order that the language 
contained in section 501 of the bill violates clause 2(b) of rule XXI 
and constitutes legislation on an appropriations bill.
  The CHAIRMAN. Does any other Member wish to be heard on the point of 
order?
  If not, the Chair will rule. The Chair finds that this section 
contains language imparting direction to the Executive.
  The section therefore constitutes legislation in violation of clause 
2 of rule XXI. The point of order is sustained and the section is 
stricken from the bill.
  The Clerk will read.

[[Page H2830]]

  The Clerk read as follows:

       Sec. 502. Renegotiation of Existing Leases.--The Secretary 
     of the Interior shall seek to renegotiate each existing lease 
     authorizing production of oil or natural gas on Federal land 
     (including submerged land) that was issued by the Department 
     of the Interior before the date of the enactment of this Act 
     as necessary to modify the terms of such lease to ensure that 
     any suspension of a requirement to pay royalties under such 
     lease does not apply to production referred to in section 
     501(a).


                             Point of Order

  Mr. PEARCE. Mr. Chairman, I rise to make a point of order.
  The CHAIRMAN. The gentleman will state his point of order.
  Mr. PEARCE. Mr. Chairman, I make the point of order that the language 
contained in section 502 of the bill violates clause 2(b) of rule XXI 
and constitutes legislation on an appropriations bill.
  The CHAIRMAN. Does any Member wish to be heard on the point of order?
  If not, the Chair will rule. The Chair finds that this section 
contains language imparting direction to the Executive.
  The section therefore constitutes legislation in violation of clause 
2 of rule XXI.
  The point of order is sustained and the section is stricken from the 
bill.


                    Amendment Offered by Mr. Hinchey

  Mr. HINCHEY. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Hinchey:
       At the end of the bill (before the short title), insert the 
     following:

                TITLE __--ADDITIONAL GENERAL PROVISIONS

       Sec. __. None of the funds made available in this Act may 
     be used to issue any new lease that authorizes production of 
     oil or natural gas under the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1331 et. seq.) to any lessee under an existing 
     lease issued by the Department of the Interior pursuant to 
     the Outer Continental Shelf Deep Water Royalty Relief Act (43 
     U.S.C. 1337 note), where such existing lease is not subject 
     to limitations on royalty relief based on market price.

  The CHAIRMAN. Pursuant to the order of the House of today, the 
gentleman from New York (Mr. Hinchey) and a Member opposed each will 
control 15 minutes.
  The Chair recognizes the gentleman from New York.
  Mr. HINCHEY. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, the amendment I have at the desk is a simple one. It 
says that none of the funds made available in this act may be used to 
issue any new leases that authorize production of oil or natural gas 
under the Outer Continental Shelf Lands Act to any lessee under an 
existing lease where such lease is not providing the proper royalties 
based upon market price.
  We have a situation here where the American public is being gouged 
for the price of oil on two separate occasions, once at the gasoline 
pump and once when their oil and natural gas is being drilled and 
obtained by oil companies that are not paying the royalties on those 
leases. This is something that needs to stop.
  We have right now over 1,000 leases, roughly 1,032 leases, to major 
oil companies to drill in the Outer Continental Shelf and elsewhere, 
and there is no provision for those oil companies to pay royalties on 
the product owned by the American citizens that is being taken out of 
the ground, whether it is dry or under the Continental Shelf. That 
needs to change. We are losing roughly $1 billion a year, and unless 
this is changed over the course of the next 20 years, we will lose more 
than $20 billion.
  So we need a situation that is going to address this, and this 
amendment will do so. It simply says that anyone who is interested in 
having leases to extract oil or natural gas from the Outer Continental 
Shelf, and they have already leases upon which they are not paying the 
proper royalties, is not going to be permitted to take those new 
leases.
  Those new leases provide for royalties between 12 and 16 percent. The 
royalties are on a product that is owned by the citizens of this 
country, whether it is the oil or the natural gas; and any oil company 
that is taking those products out of the ground, out of public lands, 
taking this public property and not paying royalties on it should not 
be provided with additional leases unless they are willing to pay 
royalties both on the additional leases and the leases that they 
already have.
  Mr. Chairman, I reserve the balance of my time.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I rise to claim the time 
in opposition.
  The CHAIRMAN. The gentleman is recognized for 15 minutes.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 3 minutes to the 
gentleman from Idaho (Mr. Simpson).
  Mr. SIMPSON. Mr. Chairman, I stand to oppose this amendment offered 
by the gentleman from New York. In committee, the gentleman from New 
York offered an amendment that conditioned eligibility for future 
leases on renegotiation of price thresholds in old leases. Today's 
amendment seeks to obtain the same coercive result by indirection.
  I share the gentleman's concern about the lack of price thresholds in 
leases negotiated by the Clinton/Gore administration in 1998 and 1999. 
The Department of the Interior's Inspector General has appropriately 
launched an investigation into this, as has the Resources Committee. 
However, these leases were valid legal contracts signed between the 
government and these companies in good faith. They paid hundreds of 
millions of dollars in bonus bids for these leases, bidding on the 
basis of the royalty relief that they were being offered.
  If the lessees seek to maintain their valid legal rights under these 
contracts, the amendment would penalize them for doing so, in violation 
of their due process rights under the Constitution. At best, the 
amendment is an invitation to litigation, which the government will 
likely lose at a high cost to the taxpayer. A more dire impact will be 
the lack of development of energy resources that America badly needs.
  The amendment would disqualify many companies from bidding on new 
leases. Remember, these leases were valid leases signed by the 
government, legally binding. They are contracts. So what we are going 
to do is penalize these companies because they are abiding by their 
legal contracts.
  Sure, we want them to negotiate. We want them to renegotiate. We 
would like them to pay the royalties. But the Clinton/Gore 
administration at that time put these contracts in place. They were 
signed by the companies. They were signed by the government. And now we 
are going to go in and say if you don't renegotiate, then you are not 
going to be eligible for any of these contracts. If you don't pay 
royalties on these contracts, wherein you are doing exactly what you 
are required to do by law, if you don't pay royalties voluntarily, then 
you are not going to be eligible for any of the new leases that are out 
there.
  To me, that is discrimination against those companies. Sure, we would 
like them to pay the royalties. We think they should. We think they 
should renegotiate, but I don't think you can go in and break the 
contract that the government signed with these companies by pressuring 
them with the threat of not being eligible for future leases.
  Mr. Chairman, this is a bad amendment and we should reject it.
  Mr. HINCHEY. Mr. Chairman, I just want to point out to my friend from 
Idaho that the Congressional Research Service has told us that the 
enactment of this amendment would not constitute a taking of existing 
leaseholders' rights, and goes on to say that this amendment is 
perfectly appropriate and should be adopted.
  Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. 
George Miller).
  Mr. GEORGE MILLER of California. I thank the gentleman for yielding.
  What is it about the marketplace that the Republicans don't 
understand? You signed a valid lease, although there is some argument 
about it. But you have a valid lease and now you want to lease the 
space next door. You leased a couple hundred thousand square feet, and 
you leased a thousand square feet, and now you want to lease next door. 
The economy has changed and now the land is available and so the 
landlord says to you, I think we will do is, we will do a wraparound 
lease. You want this?

[[Page H2831]]

  This is done all the time. It is done all the time in the business 
world. Various assets at various prices are combined, and the landlord 
thinks about extracting what he can at that time when you come to 
renegotiate. This happens all the time in the real estate field, all 
the time in the minerals field.
  All we are saying to the government is, these people have such a huge 
advantage because of the failure of the cap, we don't think they ought 
to get any additional leases. They can keep those leases without the 
caps and not lease, or they can negotiate those caps with the 
government to be like the rest of the oil companies and they can lease. 
This is a business transaction. It just happens to be a business 
transaction on behalf of the people of the United States of America who 
own these lands.
  What is it about the marketplace that you think at $70 a barrel you 
need royalty relief? I think you are confusing this with the idea that 
the oil companies are somehow royalty and we must bow down to them. At 
$70 a barrel, the conservative chairman of my committee, the Resources 
Committee, said nobody deserves royalty relief. The President of the 
United States says at these prices nobody deserves royalty relief. And 
here you are on the floor of the House of Representatives arguing for 
people who get $70 a barrel.
  I talked to the CEOs of these companies when this royalty relief came 
up, and most of them thought it was balderdash. Most of them thought it 
was about trying to rescue a couple of companies that made some real 
bad decisions in the gulf shelf when oil was a bad price. Fine, we 
agreed that under $34 a barrel you can have some royalty relief. Oil 
today, my friends, maybe you haven't been out of the Chamber here, it 
is $70 a barrel; and that is why we are asking the marketplace to work 
on behalf of the taxpayers of the country who are paying $3.50 for 
gasoline.
  The gentleman's amendment should be unanimous in this House on behalf 
of people who are buying gas and commuting to work and are paying that 
price every day. Why do they now have to pay it through this tax break 
through this royalty relief?
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 4 minutes to the 
gentleman from Idaho (Mr. Simpson).
  Mr. SIMPSON. Thank you, Mr. Chairman. I appreciate what the gentleman 
from California was saying, but he was wrong. Just dead wrong.
  These leases were signed by the government. They were legal leases. 
They were valid leases. All we are saying is that the government ought 
to keep its word. When they sign a contract, they ought to honor the 
contract. The gentleman is absolutely wrong. Congress and the 
government should keep their word when they sign a contract. That is 
all we are saying.
  Do we want them to pay royalty on this? Certainly we should, and I do 
not know why in the world the Clinton/Gore administration, the Clinton/
Gore administration, let these leases go without any royalty. I do not 
know why they did that, but the reality is that they were signed 
contracts. And all we are suggesting is that you should not penalize 
those companies that actually signed these contracts in good faith. You 
should not penalize them for future leases. Why should we penalize 
them? There is absolutely no reason why we should penalize them. We 
should honor our word and our contracts, and then we should go forward.
  We hope, we hope that they will renegotiate for leases, but this is 
not giving a break to those companies. That is not what we are 
intending. We hope they renegotiate. That is the reality.
  Mr. HINCHEY. Mr. Chairman, the Bush administration has allowed these 
leases to continue for 5 years, and they haven't renegotiated them. I 
would just like to draw that to the attention of my friend from Idaho.
  Mr. Chairman, I yield 1 minute to the gentleman from California (Mr. 
George Miller).
  Mr. GEORGE MILLER of California. You have a loan on your home. You 
have a second mortgage on your home and you want a new line of credit. 
It is a valid line of credit and it is a 4 percent loan. What does the 
bank tell you? We want you to pay it off, and the new rate is 7 percent 
or 6 percent.
  People renegotiate these contracts all the time. You just refuse to 
negotiate them on behalf of the taxpayers. You renegotiate them all of 
the time on behalf of the oil companies. We do it all of the time.
  This is what people do when they want to refinance their homes. The 
banker says, here are the new rules. You can stick with your loan and 
be happy as you are; but if you want another $50,000 out of your house, 
here are the points you have to pay. People understand this.
  Why don't you let the marketplace work for once and why don't we run 
the government like a business, like so many of our constituents stand 
up and tell us to do. We now have an opportunity. We now have an 
opportunity, and you are refusing to take the opportunity on behalf of 
the taxpayers.
  Mr. TAYLOR of North Carolina. Mr. Chairman, I yield 2 minutes to the 
gentleman from Idaho (Mr. Simpson).
  Mr. SIMPSON. I am sorry the gentleman from California left the floor. 
We do renegotiate all the time, but it is up to me to decide whether I 
want to renegotiate or not.
  What we are doing is imposing a penalty on these companies if they 
choose not to renegotiate. And I really don't care what CRS says. I 
don't think they are a bunch of attorneys down there. All I know is 
that in Idaho, we believe that when you write a contract you abide by 
the contract. We have written a contract. We ought to abide by it.
  We are the Government of the United States. If you can't trust us to 
abide by the contracts we sign, why should we trust anybody else to?
  Mr. HINCHEY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Virginia (Mr. Moran).



                          ____________________