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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-188

======================================================================
 
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR, ENVIRONMENT, 
AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006, AND 
                           FOR OTHER PURPOSES

                                _______
                                

                 July 26, 2005.--Ordered to be printed

                                _______
                                

    Mr. Taylor of North Carolina, from the committee of conference, 
                        submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2361]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
2361) ``making appropriations for the Department of the 
Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes'', having 
met, after full and free conference, have agreed to recommend 
and do recommend to their respective Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the Department of 
the Interior, environment, and related agencies for the fiscal 
year ending September 30, 2006, and for other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   MANAGEMENT OF LANDS AND RESOURCES

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, 
acquisition of easements and other interests in lands, and 
performance of other functions, including maintenance of 
facilities, as authorized by law, in the management of lands 
and their resources under the jurisdiction of the Bureau of 
Land Management, including the general administration of the 
Bureau, and assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
$860,791,000, to remain available until expended, of which 
$1,250,000 is for high priority projects, to be carried out by 
the Youth Conservation Corps; and of which $3,000,000 shall be 
available in fiscal year 2006 subject to a match by at least an 
equal amount by the National Fish and Wildlife Foundation for 
cost-shared projects supporting conservation of Bureau lands; 
and such funds shall be advanced to the Foundation as a lump 
sum grant without regard to when expenses are incurred.
    In addition, $32,696,000 is for Mining Law Administration 
program operations, including the cost of administering the 
mining claim fee program; to remain available until expended, 
to be reduced by amounts collected by the Bureau and credited 
to this appropriation from annual mining claim fees so as to 
result in a final appropriation estimated at not more than 
$860,791,000, and $2,000,000, to remain available until 
expended, from communication site rental fees established by 
the Bureau for the cost of administering communication site 
activities.

                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency 
rehabilitation, hazardous fuels reduction, and rural fire 
assistance by the Department of the Interior, $766,564,000, to 
remain available until expended, of which not to exceed 
$7,849,000 shall be for the renovation or construction of fire 
facilities: Provided, That such funds are also available for 
repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes: 
Provided further, That persons hired pursuant to 43 U.S.C. 1469 
may be furnished subsistence and lodging without cost from 
funds available from this appropriation: Provided further, That 
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or 
office of the Department of the Interior for fire protection 
rendered pursuant to 42 U.S.C. 1856 et seq., protection of 
United States property, may be credited to the appropriation 
from which funds were expended to provide that protection, and 
are available without fiscal year limitation: Provided further, 
That using the amounts designated under this title of this Act, 
the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for hazardous 
fuels reduction activities, and for training and monitoring 
associated with such hazardous fuels reduction activities, on 
Federal land, or on adjacent non-Federal land for activities 
that benefit resources on Federal land: Provided further, That 
the costs of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be shared, as 
mutually agreed on by the affected parties: Provided further, 
That notwithstanding requirements of the Competition in 
Contracting Act, the Secretary, for purposes of hazardous fuels 
reduction activities, may obtain maximum practicable 
competition among: (1) local private, nonprofit, or cooperative 
entities; (2) Youth Conservation Corps crews or related 
partnerships with State, local, or non-profit youth groups; (3) 
small or micro-businesses; or (4) other entities that willhire 
or train locally a significant percentage, defined as 50 percent or 
more, of the project workforce to complete such contracts: Provided 
further, That in implementing this section, the Secretary shall develop 
written guidance to field units to ensure accountability and consistent 
application of the authorities provided herein: Provided further, That 
funds appropriated under this head may be used to reimburse the United 
States Fish and Wildlife Service and the National Marine Fisheries 
Service for the costs of carrying out their responsibilities under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
conference, as required by section 7 of such Act, in connection with 
wildland fire management activities: Provided further, That the 
Secretary of the Interior may use wildland fire appropriations to enter 
into non-competitive sole source leases of real property with local 
governments, at or below fair market value, to construct capitalized 
improvements for fire facilities on such leased properties, including 
but not limited to fire guard stations, retardant stations, and other 
initial attack and fire support facilities, and to make advance 
payments for any such lease or for construction activity associated 
with the lease: Provided further, That the Secretary of the Interior 
and the Secretary of Agriculture may authorize the transfer of funds 
appropriated for wildland fire management, in an aggregate amount not 
to exceed $9,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management 
programs and projects: Provided further, That funds provided for 
wildfire suppression shall be available for support of Federal 
emergency response actions.

                              CONSTRUCTION

    For construction of buildings, recreation facilities, 
roads, trails, and appurtenant facilities, $11,926,000, to 
remain available until expended.

                            LAND ACQUISITION

    For expenses necessary to carry out sections 205, 206, and 
318(d) of Public Law 94-579, including administrative expenses 
and acquisition of lands or waters, or interests therein, 
$8,750,000, to be derived from the Land and Water Conservation 
Fund and to remain available until expended.

                   OREGON AND CALIFORNIA GRANT LANDS

    For expenses necessary for management, protection, and 
development of resources and for construction, operation, and 
maintenance of access roads, reforestation, and other 
improvements on the revested Oregon and California Railroad 
grant lands, on other Federal lands in the Oregon and 
California land-grant counties of Oregon, and on adjacent 
rights-of-way; and acquisition of lands or interests therein, 
including existing connecting roads on or adjacent to such 
grant lands; $110,070,000, to remain available until expended: 
Provided, That 25 percent of the aggregate of all receipts 
during the current fiscal year from the revested Oregon and 
California Railroad grant lands is hereby made a charge against 
the Oregon and California land-grant fund and shall be 
transferred to the General Fund in the Treasury in accordance 
with the second paragraph of subsection (b) of title II of the 
Act of August 28, 1937 (50 Stat. 876).

               FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

                   (REVOLVING FUND, SPECIAL ACCOUNT)

    In addition to the purposes authorized in Public Law 102-
381, funds made available in the Forest Ecosystem Health and 
Recovery Fund can be used for the purpose of planning, 
preparing, implementing and monitoring salvage timber sales and 
forest ecosystem health and recovery activities, such as 
release from competing vegetation and density control 
treatments. The Federal share of receipts (defined as the 
portion of salvage timber receipts not paid to the counties 
under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public 
Law 106-393) derived from treatments funded by this account 
shall be deposited into the Forest Ecosystem Health and 
Recovery Fund.

                           RANGE IMPROVEMENTS

    For rehabilitation, protection, and acquisition of lands 
and interests therein, and improvement of Federal rangelands 
pursuant to section 401 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701), notwithstanding any 
other Act, sums equal to 50 percent of all moneys received 
during the prior fiscal year under sections 3 and 15 of the 
Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
designated for range improvements from grazing fees and mineral 
leasing receipts from Bankhead-Jones lands transferred to the 
Department of the Interior pursuant to law, but not less than 
$10,000,000, to remain available until expended: Provided, That 
not to exceed $600,000 shall be available for administrative 
expenses.

               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

    For administrative expenses and other costs related to 
processing application documents and other authorizations for 
use and disposal of public lands and resources, for costs of 
providing copies of official public land documents, for 
monitoring construction, operation, and termination of 
facilities in conjunction with use authorizations, and for 
rehabilitation of damaged property, such amounts as may be 
collected under Public Law 94-579, as amended, and Public Law 
93-153, to remain available until expended: Provided, That, 
notwithstanding any provision to the contrary of section 305(a) 
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have 
been or will be received pursuant to that section, whether as a 
result offorfeiture, compromise, or settlement, if not 
appropriate for refund pursuant to section 305(c) of that Act (43 
U.S.C. 1735(c)), shall be available and may be expended under the 
authority of this Act by the Secretary to improve, protect, or 
rehabilitate any public lands administered through the Bureau of Land 
Management which have been damaged by the action of a resource 
developer, purchaser, permittee, or any unauthorized person, without 
regard to whether all moneys collected from each such action are used 
on the exact lands damaged which led to the action: Provided further, 
That any such moneys that are in excess of amounts needed to repair 
damage to the exact land for which funds were collected may be used to 
repair other damaged public lands.

                       MISCELLANEOUS TRUST FUNDS

    In addition to amounts authorized to be expended under 
existing laws, there is hereby appropriated such amounts as may 
be contributed under section 307 of the Act of October 21, 1976 
(43 U.S.C. 1701), and such amounts as may be advanced for 
administrative costs, surveys, appraisals, and costs of making 
conveyances of omitted lands under section 211(b) of that Act, 
to remain available until expended.

                       ADMINISTRATIVE PROVISIONS

    Appropriations for the Bureau of Land Management shall be 
available for purchase, erection, and dismantlement of 
temporary structures, and alteration and maintenance of 
necessary buildings and appurtenant facilities to which the 
United States has title; up to $100,000 for payments, at the 
discretion of the Secretary, for information or evidence 
concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for 
solely on her certificate, not to exceed $10,000: Provided, 
That notwithstanding 44 U.S.C. 501, the Bureau may, under 
cooperative cost-sharing and partnership arrangements 
authorized by law, procure printing services from cooperators 
in connection with jointly produced publications for which the 
cooperators share the cost of printing either in cash or in 
services, and the Bureau determines the cooperator is capable 
of meeting accepted quality standards.

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

    For necessary expenses of the United States Fish and 
Wildlife Service, as authorized by law, and for scientific and 
economic studies, maintenance of the herd of long-horned cattle 
on the Wichita Mountains Wildlife Refuge, general 
administration, and for the performance of other authorized 
functions related to such resources by direct expenditure, 
contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities, $1,008,880,000, to 
remain available until September 30, 2007, except as otherwise 
provided herein: Provided, That $2,500,000 is for high priority 
projects, which shall be carried out by the Youth Conservation 
Corps: Provided further, That not to exceed $18,130,000 shall 
be used for implementing subsections (a), (b), (c), and (e) of 
section 4 of the Endangered Species Act, as amended, for 
species that are indigenous to the United States (except for 
processing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement actions 
described in subsection (c)(2)(A), (c)(2)(B)(i), or 
(c)(2)(B)(ii)), of which not to exceed $12,852,000 shall be 
used for any activity regarding the designation of critical 
habitat, pursuant to subsection (a)(3), excluding litigation 
support, for species listed pursuant to subsection (a)(1) prior 
to October 1, 2005: Provided further, That of the amount 
available for law enforcement, up to $400,000, to remain 
available until expended, may at the discretion of the 
Secretary be used for payment for information, rewards, or 
evidence concerning violations of laws administered by the 
Service, and miscellaneous and emergency expenses of 
enforcement activity, authorized or approved by the Secretary 
and to be accounted for solely on her certificate: Provided 
further, That of the amount provided for environmental 
contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses.

                              CONSTRUCTION

    For construction, improvement, acquisition, or removal of 
buildings and other facilities required in the conservation, 
management, investigation, protection, and utilization of 
fishery and wildlife resources, and the acquisition of lands 
and interests therein; $45,891,000, to remain available until 
expended: Provided, That funds made available under the 2005 
Consolidated Appropriations Act (Public Law 108-447) for the 
Chase Lake and Arrowwood National Wildlife Refuges, North 
Dakota, shall be transferred to North Dakota State University 
to complete planning and design for a Joint Interpretive 
Center.

                            LAND ACQUISITION

    For expenses necessary to carry out the Land and Water 
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for 
acquisition of land or waters, or interest therein, in 
accordance with statutory authority applicable to the United 
States Fish and Wildlife Service, $28,408,000 to be derived 
from the Land and Water Conservation Fund and to remain 
available until expended: Provided, That none of the funds 
appropriated for specific land acquisition projects can be used 
to pay for any administrative overhead, planning or other 
management costs.

                      LANDOWNER INCENTIVE PROGRAM

    For expenses necessary to carry out the Land and Water 
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for private 
conservation efforts to be carried out on private lands, 
$24,000,000, to be derived from the Land and Water Conservation 
Fund, and to remain available until expended: Provided, That 
the amount provided herein is for a Landowner Incentive Program 
established by the Secretary that provides matching, 
competitively awarded grants to States, the District of 
Columbia, federally recognized Indian tribes, Puerto Rico, 
Guam, the United States Virgin Islands, the Northern Mariana 
Islands, and American Samoa, to establish or supplement 
existing landowner incentive programs that provide technical 
and financial assistance, including habitat protection and 
restoration, to private landowners for the protection and 
management of habitat to benefit federally listed, proposed, 
candidate, or other at-risk species on private lands.

                       PRIVATE STEWARDSHIP GRANTS

    For expenses necessary to carry out the Land and Water 
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for private 
conservation efforts to be carried out on private lands, 
$7,386,000, to be derived from the Land and Water Conservation 
Fund, and to remain available until expended: Provided, That 
the amount provided herein is for the Private Stewardship 
Grants Program established by the Secretary to provide grants 
and other assistance to individuals and groups engaged in 
private conservation efforts that benefit federally listed, 
proposed, candidate, or other at-risk species.

            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

    For expenses necessary to carry out section 6 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as 
amended, $82,200,000, of which $20,161,000 is to be derived 
from the Cooperative Endangered Species Conservation Fund and 
$62,039,000 is to be derived from the Land and Water 
Conservation Fund and to remain available until expended.

                     NATIONAL WILDLIFE REFUGE FUND

    For expenses necessary to implement the Act of October 17, 
1978 (16 U.S.C. 715s), $14,414,000.

               NORTH AMERICAN WETLANDS CONSERVATION FUND

    For expenses necessary to carry out the provisions of the 
North American Wetlands Conservation Act, Public Law 101-233, 
as amended, $40,000,000, to remain available until expended.

                NEOTROPICAL MIGRATORY BIRD CONSERVATION

    For financial assistance for projects to promote the 
conservation of neotropical migratory birds in accordance with 
the Neotropical Migratory Bird Conservation Act, Public Law 
106-247 (16 U.S.C. 6101-6109), $4,000,000, to remain available 
until expended.

                MULTINATIONAL SPECIES CONSERVATION FUND

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
4241-4245, and 1538), the Asian Elephant Conservation Act of 
1997 (Public Law 105-96; 16 U.S.C. 4261-4266), the Rhinoceros 
and Tiger Conservation Act of 1994 (16 U.S.C. 5301-5306), the 
Great Ape Conservation Act of 2000 (16 U.S.C. 6301), and the 
Marine Turtle Conservation Act of 2004 (Public Law 108-266; 16 
U.S.C. 6601), $6,500,000, to remain available until expended.

                    STATE AND TRIBAL WILDLIFE GRANTS

    For wildlife conservation grants to States and to the 
District of Columbia, Puerto Rico, Guam, the United States 
Virgin Islands, the Northern Mariana Islands, American Samoa, 
and federally recognized Indian tribes under the provisions of 
the Fish and Wildlife Act of 1956 and the Fish and Wildlife 
Coordination Act, for the development and implementation of 
programs for the benefit of wildlife and their habitat, 
including species that are not hunted or fished, $68,500,000, 
to be derived from the Land and Water Conservation Fund and to 
remain available until expended: Provided, That of the amount 
provided herein, $6,000,000 is for a competitive grant program 
for Indian tribes not subject to the remaining provisions of 
this appropriation: Provided further, That the Secretary shall, 
after deducting said $6,000,000 and administrative expenses, 
apportion the amount provided herein in the following manner: 
(1) to the District of Columbia and to the Commonwealth of 
Puerto Rico, each a sum equal to not more than one-half of 1 
percent thereof; and (2) to Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary 
shall apportion the remaining amount in the following manner: 
(1) one-third of which is based on the ratio to which the land 
area of such State bears to the total land area of all such 
States; and (2) two-thirds of which is based on the ratio to 
which the population of such State bears to the total 
population of all such States: Provided further, That the 
amounts apportioned under this paragraph shall be adjusted 
equitably so that no State shall be apportioned a sum which is 
less than 1 percent of the amount available for apportionment 
under this paragraph for any fiscal year or more than 5 percent 
of such amount: Provided further, That the Federal share of 
planning grants shall not exceed 75 percent of the total costs 
of such projects and the Federal share of implementation grants 
shall not exceed 50 percent of the total costs of such 
projects: Provided further, That the non-Federal share of such 
projects may not be derived from Federal grant programs: 
Provided further, That no State, territory, or other 
jurisdiction shall receive a grant unless it has developed, by 
October 1, 2005, a comprehensive wildlife conservation plan, 
consistent with criteria established by the Secretary of the 
Interior, that considers the broad range of the State, 
territory, or other jurisdiction's wildlife and associated 
habitats, with appropriate priority placed on those species 
with the greatest conservation need and taking into 
consideration the relative level of funding available for the 
conservation of those species: Provided further, That no State, 
territory, or other jurisdiction shall receive a grant if its 
comprehensive wildlife conservation plan is disapproved and 
such funds that would have been distributed to such State, 
territory, or other jurisdiction shall be distributed equitably 
to States, territories, and other jurisdictions with approved 
plans: Provided further, That any amount apportioned in 2006 to 
any State, territory, or other jurisdiction that remains 
unobligated as of September 30, 2007, shall be reapportioned, 
together with funds appropriated in 2008, in the manner 
provided herein: Provided further, That balances from amounts 
previously appropriated under the heading ``State Wildlife 
Grants'' shall be transferred to and merged with this 
appropriation and shall remain available until expended.

                       ADMINISTRATIVE PROVISIONS

    Appropriations and funds available to the United States 
Fish and Wildlife Service shall be available for purchase of 
passenger motor vehicles; repair of damage to public roads 
within and adjacent to reservation areas caused by operations 
of the Service; options for the purchase of land at not to 
exceed $1 for each option; facilities incident to such public 
recreational uses on conservation areas as are consistent with 
their primary purpose; and the maintenance and improvement of 
aquaria, buildings, and other facilities under the jurisdiction 
of the Service and to which the United States has title, and 
which are used pursuant to law in connection with management, 
and investigation of fish and wildlife resources: Provided, 
That notwithstanding 44 U.S.C. 501, the Service may, under 
cooperative cost sharing and partnership arrangements 
authorized by law, procure printing services from cooperators 
in connection with jointly produced publications for which the 
cooperators share at least one-half the cost of printing either 
in cash or services and the Service determines the cooperator 
is capable of meeting accepted quality standards: Provided 
further, That, notwithstanding any other provision of law, the 
Service may use up to $2,000,000 from funds provided for 
contracts for employment-related legal services: Provided 
further, That the Service may accept donated aircraft as 
replacements for existing aircraft: Provided further, That, 
notwithstanding any other provision of law, the Secretary of 
the Interior may not spend any of the funds appropriated in 
this Act for the purchase of lands or interests in lands to be 
used in the establishment of any new unit of the National 
Wildlife Refuge System unless the purchase is approved in 
advance by the House and Senate Committees on Appropriations in 
compliance with the reprogramming procedures contained in the 
statement of the managers accompanying this Act.

                         National Park Service

                 OPERATION OF THE NATIONAL PARK SYSTEM

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the 
National Park Service (including special road maintenance 
service to trucking permittees on a reimbursable basis), and 
for the general administration of the National Park Service, 
$1,744,074,000, of which $9,892,000 is for planning and 
interagency coordination in supportof Everglades restoration 
and shall remain available until expended; of which $97,600,000, to 
remain available until September 30, 2007, is for maintenance, repair 
or rehabilitation projects for constructed assets, operation of the 
National Park Service automated facility management software system, 
and comprehensive facility condition assessments; and of which 
$2,000,000 is for the Youth Conservation Corps for high priority 
projects: Provided, That the only funds in this account which may be 
made available to support United States Park Police are those funds 
approved for emergency law and order incidents pursuant to established 
National Park Service procedures, those funds needed to maintain and 
repair United States Park Police administrative facilities, and those 
funds necessary to reimburse the United States Park Police account for 
the unbudgeted overtime and travel costs associated with special events 
for an amount not to exceed $10,000 per event subject to the review and 
concurrence of the Washington headquarters office.

                       UNITED STATES PARK POLICE

    For expenses necessary to carry out the programs of the 
United States Park Police, $81,411,000.

                  NATIONAL RECREATION AND PRESERVATION

    For expenses necessary to carry out recreation programs, 
natural programs, cultural programs, heritage partnership 
programs, environmental compliance and review, international 
park affairs, statutory or contractual aid for other 
activities, and grant administration, not otherwise provided 
for, $54,965,000: Provided, That none of the funds in this Act 
for the River, Trails and Conservation Assistance program may 
be used for cash agreements, or for cooperative agreements that 
are inconsistent with the program's final strategic plan.

                       HISTORIC PRESERVATION FUND

    For expenses necessary in carrying out the Historic 
Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
Omnibus Parks and Public Lands Management Act of 1996 (Public 
Law 104-333), $73,250,000, to be derived from the Historic 
Preservation Fund and to remain available until September 30, 
2007, of which $30,000,000 shall be for Save America's 
Treasures for preservation of nationally significant sites, 
structures, and artifacts: Provided, That not to exceed 
$5,000,000 of the amount provided for Save America's Treasures 
may be for Preserve America grants to States, Tribes, and local 
communities for projects that preserve important historic 
resources through the promotion of heritage tourism: Provided 
further, That any individual Save America's Treasures or 
Preserve America grant shall be matched by non-Federal funds: 
Provided further, That individual projects shall only be 
eligible for one grant: Provided further, That all projects to 
be funded shall be approved by the Secretary of the Interior in 
consultation with the House and Senate Committees on 
Appropriations, and in consultation with the President's 
Committee on the Arts and Humanities prior to the commitment of 
Save America's Treasures grant funds and with the Advisory 
Council on Historic Preservation prior to the commitment of 
Preserve America grant funds: Provided further, That Save 
America's Treasures funds allocated for Federal projects, 
following approval, shall be available by transfer to 
appropriate accounts of individual agencies.

                              CONSTRUCTION

                     (INCLUDING TRANSFER OF FUNDS)

    For construction, improvements, repair or replacement of 
physical facilities, including the modifications authorized by 
section 104 of the Everglades National Park Protection and 
Expansion Act of 1989, $301,291,000, to remain available until 
expended, of which $17,000,000 for modified water deliveries to 
Everglades National Park shall be derived by transfer from 
unobligated balances in the ``Land Acquisition and State 
Assistance'' account for Everglades National Park land 
acquisitions, and of which $400,000 for the Mark Twain Boyhood 
Home National Historic Landmark shall be derived from the 
Historic Preservation Fund pursuant to 16 U.S.C. 470a: 
Provided, That none of the funds available to the National Park 
Service may be used to plan, design, or construct any 
partnership project with a total value in excess of $5,000,000, 
without advance approval of the House and Senate Committees on 
Appropriations: Provided further, That notwithstanding any 
other provision of law, the National Park Service may not 
accept donations or services associated with the planning, 
design, or construction of such new facilities without advance 
approval of the House and Senate Committees on Appropriations: 
Provided further, That funds provided under this heading for 
implementation of modified water deliveries to Everglades 
National Park shall be expended consistent with the 
requirements of the fifth proviso under this heading in Public 
Law 108-108:
      Provided further, That funds provided under this heading 
for implementation of modified water deliveries to Everglades 
National Park shall be available for obligation only if 
matching funds are appropriated to the Army Corps of Engineers 
for the same purpose:
      Provided further, That none of the funds provided under 
this heading for implementation of modified water deliveries to 
Everglades National Park shall be available for obligation if 
any of the funds appropriated to the Army Corps of Engineers 
for the purpose of implementing modified water deliveries, 
including finalizing detailed engineering and design documents 
for a bridge or series of bridges for the Tamiami Trail 
component of the project, becomes unavailable for 
obligation:Provided further, That funds provided under this heading for 
implementation of modified water deliveries to Everglades National Park 
shall be expended consistent with the requirements of the fifth proviso 
under this heading in Public Law 108-108: Provided further, That 
hereinafter notwithstanding any other provision of law, procurements 
for the Mount Rainier National Park Jackson Visitor Center replacement 
and the rehabilitation of Paradise Inn and Annex may be issued which 
include the full scope of the facility: Provided further, That the 
solicitation and contract shall contain the clause ``availability of 
funds'' found at 48 CFR 52.232.18: Provided further, That none of the 
funds provided in this or any other Act may be used for planning, 
design, or construction of any underground security screening or 
visitor contact facility at the Washington Monument until such facility 
has been approved in writing by the House and Senate Committees on 
Appropriations.

                    LAND AND WATER CONSERVATION FUND

                              (RESCISSION)

    The contract authority provided for fiscal year 2006 by 16 
U.S.C. 460l-10a is rescinded.

                 LAND ACQUISITION AND STATE ASSISTANCE

    For expenses necessary to carry out the Land and Water 
Conservation Act of 1965, as amended (16 U.S.C. 460l-4 through 
11), including administrative expenses, and for acquisition of 
lands or waters, or interest therein, in accordance with the 
statutory authority applicable to the National Park Service, 
$74,824,000, to be derived from the Land and Water Conservation 
Fund and to remain available until expended, of which 
$30,000,000 is for the State assistance program including 
$1,587,000 for program administration: Provided, That none of 
the funds provided for the State assistance program may be used 
to establish a contingency fund.

                       ADMINISTRATIVE PROVISIONS

    Appropriations for the National Park Service shall be 
available for the purchase of not to exceed 245 passenger motor 
vehicles, of which 199 shall be for replacement only, including 
not to exceed 193 for police-type use, 10 buses, and 8 
ambulances: Provided, That none of the funds appropriated to 
the National Park Service may be used to implement an agreement 
for the redevelopment of the southern end of Ellis Island until 
such agreement has been submitted to the Congress and shall not 
be implemented prior to the expiration of 30 calendar days (not 
including any day in which either House of Congress is not in 
session because of adjournment of more than 3 calendar days to 
a day certain) from the receipt by the Speaker of the House of 
Representatives and the President of the Senate of a full and 
comprehensive report on the development of the southern end of 
Ellis Island, including the facts and circumstances relied upon 
in support of the proposed project: Provided further, That in 
fiscal year 2006 and thereafter, appropriations available to 
the National Park Service may be used to maintain the following 
areas in Washington, District of Columbia: Jackson Place, 
Madison Place, and Pennsylvania Avenue between 15th and 17th 
Streets, Northwest.
    None of the funds in this Act may be spent by the National 
Park Service for activities taken in direct response to the 
United Nations Biodiversity Convention.
    The National Park Service may distribute to operating units 
based on the safety record of each unit the costs of programs 
designed to improve workplace and employee safety, and to 
encourage employees receiving workers' compensation benefits 
pursuant to chapter 81 of title 5, United States Code, to 
return to appropriate positions for which they are medically 
able.
    If the Secretary of the Interior considers the decision of 
any value determination proceeding conducted under a National 
Park Service concession contract issued prior to November 13, 
1998, to misinterpret or misapply relevant contractual 
requirements or their underlying legal authority, the Secretary 
may seek, within 180 days of any such decision, the de novo 
review of the value determination by the United States Court of 
Federal Claims, and that court may make an order affirming, 
vacating, modifying or correcting the determination.
    In addition to other uses set forth in section 407(d) of 
Public Law 105-391, franchise fees credited to a sub-account 
shall be available for expenditure by the Secretary, without 
further appropriation, for use at any unit within the National 
Park System to extinguish or reduce liability for Possessory 
Interest or leasehold surrender interest. Such funds may only 
be used for this purpose to the extent that the benefiting unit 
anticipated franchise fee receipts over the term of the 
contract at that unit exceed the amount of funds used to 
extinguish or reduce liability. Franchise fees at the 
benefiting unit shall be credited to the sub-account of the 
originating unit over a period not to exceed the term of a 
single contract at the benefiting unit, in the amount of funds 
so expended to extinguish or reduce liability.

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

    For expenses necessary for the United States Geological 
Survey to perform surveys, investigations, and research 
covering topography, geology, hydrology, biology, and the 
mineral and water resources of the United States, its 
territories and possessions, and other areas as authorized by 
43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to 
power permittees and Federal Energy Regulatory Commission 
licensees; administer the minerals exploration program (30 
U.S.C. 641); conduct inquiries into the economic conditions 
affecting mining and materials processing industries (30 U.S.C. 
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as 
authorized by law; and to publish and disseminate data relative 
to the foregoing activities; $976,035,000, of which $63,770,000 
shall be available only for cooperation with States or 
municipalities for water resources investigations; of which 
$8,000,000 shall remain available until expended for satellite 
operations; of which $21,720,000 shall be available until 
September 30, 2007, for the operation and maintenance of 
facilities and deferred maintenance; of which $1,600,000 shall 
be available until expended for deferred maintenance and 
capital improvement projects that exceed $100,000 in cost; and 
of which $177,485,000 shall be available until September 30, 
2007, for the biological research activity and the operation of 
the Cooperative Research Units: Provided, That none of the 
funds provided for the biological research activity shall be 
used to conduct new surveys on private property, unless 
specifically authorized in writing by the property owner: 
Provided further, That no part of this appropriation shall be 
used to pay more than one-half the cost of topographic mapping 
or water resources data collection and investigations carried 
on in cooperation with States and municipalities.

                       ADMINISTRATIVE PROVISIONS

    From within the amount appropriated for activities of the 
United States Geological Survey such sums as are necessary 
shall be available for the purchase and replacement of 
passenger motor vehicles; reimbursement to the General Services 
Administration for security guard services; contracting for the 
furnishing of topographic maps and for the making of 
geophysical or other specialized surveys when it is 
administratively determined that such procedures are in the 
public interest; construction and maintenance of necessary 
buildings and appurtenant facilities; acquisition of lands for 
gauging stations and observation wells; expenses of the United 
States National Committee on Geology; and payment of 
compensation and expenses of persons on the rolls of the Survey 
duly appointed to represent the United States in the 
negotiation and administration of interstate compacts: 
Provided, That activities funded by appropriations herein made 
may be accomplished through the use of contracts, grants, or 
cooperative agreements as defined in 31 U.S.C. 6302 et seq.: 
Provided further, That the United States Geological Survey may 
enter into contracts or cooperative agreements directly with 
individuals or indirectly with institutions or nonprofit 
organizations, without regard to 41 U.S.C. 5, for the temporary 
or intermittent services of students or recent graduates, who 
shall be considered employees for the purpose of chapters 57 
and 81 of title 5, United States Code, relating to compensation 
for travel and work injuries, and chapter 171 of title 28, 
United States Code, relating to tort claims, but shall not be 
considered to be Federal employees for any other purposes.

                      Minerals Management Service

                ROYALTY AND OFFSHORE MINERALS MANAGEMENT

    For expenses necessary for minerals leasing and 
environmental studies, regulation of industry operations, and 
collection of royalties, as authorized by law; for enforcing 
laws and regulations applicable to oil, gas, and other minerals 
leases, permits, licenses and operating contracts; and for 
matching grants or cooperative agreements; including the 
purchase of not to exceed eight passenger motor vehicles for 
replacement only, $153,651,000, of which $78,529,000 shall be 
available for royalty management activities; and an amount not 
to exceed $122,730,000, to be credited to this appropriation 
and to remain available until expended, from additions to 
receipts resulting from increases to rates in effect on August 
5, 1993, from rate increases to fee collections for Outer 
Continental Shelf administrative activities performed by the 
Minerals Management Service (MMS) over and above the rates in 
effect on September 30, 1993, and from additional fees for 
Outer Continental Shelf administrative activities established 
after September 30, 1993: Provided, That to the extent 
$122,730,000 in additions to receipts are not realized from the 
sources of receipts stated above, the amount needed to reach 
$122,730,000 shall be credited to this appropriation from 
receipts resulting from rental rates for Outer Continental 
Shelf leases in effect before August 5, 1993: Provided further, 
That $3,000,000 for computer acquisitions shall remain 
available until September 30, 2007: Provided further, That not 
to exceed $3,000 shall be available for reasonable expenses 
related to promoting volunteer beach and marine cleanup 
activities: Provided further, That notwithstanding any other 
provision of law, $15,000 under this heading shall be available 
for refunds of overpayments in connection with certain Indian 
leases in which the Director of MMS concurred with the claimed 
refund due, to pay amounts owed to Indian allottees or tribes, 
or to correct prior unrecoverable erroneous payments: Provided 
further, That in fiscal year 2006 and thereafter, the MMS may 
under the royalty-in-kind program, or under its authority to 
transfer oil to the Strategic Petroleum Reserve, use a portion 
of the revenues from royalty-in-kind sales, without regard to 
fiscal year limitation, to pay for transportation to wholesale 
market centers or upstream pooling points, to process or 
otherwise dispose of royalty production taken in kind, and to 
recover MMS transportation costs, salaries, and other 
administrative costs directly related to the royalty-in-kind 
program: Provided further, That MMS shall analyze and document 
the expected return in advance of any royalty-in-kind sales to 
assure to the maximum extent practicable that royalty income 
under the program is equal to or greater than royalty income 
recognized under a comparable royalty-in-value program.

                           OIL SPILL RESEARCH

    For necessary expenses to carry out title I, section 1016, 
title IV, sections 4202 and 4303, title VII, and title VIII, 
section 8201 of the Oil Pollution Act of 1990, $7,006,000, 
which shall be derived from the Oil Spill Liability Trust Fund, 
to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                       REGULATION AND TECHNOLOGY

    For necessary expenses to carry out the provisions of the 
Surface Mining Control and Reclamation Act of 1977, Public Law 
95-87, as amended, including the purchase of not to exceed 10 
passenger motor vehicles, for replacement only; $110,435,000: 
Provided, That the Secretary of the Interior, pursuant to 
regulations, may use directly or through grants to States, 
moneys collected in fiscal year 2006 for civil penalties 
assessed under section 518 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands 
adversely affected by coal mining practices after August 3, 
1977, to remain available until expended: Provided further, 
That appropriations for the Office of Surface Mining 
Reclamation and Enforcement may provide for the travel and per 
diem expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored training.

                    ABANDONED MINE RECLAMATION FUND

    For necessary expenses to carry out title IV of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, 
as amended, including the purchase of not more than 10 
passenger motor vehicles for replacement only, $188,014,000, to 
be derived from receipts of the Abandoned Mine Reclamation Fund 
and to remain available until expended; of which up to 
$10,000,000, to be derived from the Federal Expenses Share of 
the Fund, shall be for supplemental grants to States for the 
reclamation of abandoned sites with acid mine rock drainage 
from coal mines, and for associated activities, through the 
Appalachian Clean Streams Initiative: Provided, That grants to 
minimum program States will be $1,500,000 per State in fiscal 
year 2006: Provided further, That pursuant to Public Law 97-
365, the Department of the Interior is authorized to use up to 
20 percent from the recovery of the delinquent debt owed to the 
United States Government to pay for contracts to collect these 
debts: Provided further, That funds made available under title 
IV of Public Law 95-87 may be used for any required non-Federal 
share of the cost of projects funded by the Federal Government 
for the purpose of environmental restoration related to 
treatment or abatement of acid mine drainage from abandoned 
mines: Provided further, That such projects must be consistent 
with the purposes and priorities of the Surface Mining Control 
and Reclamation Act: Provided further, That amounts allocated 
under section 402(g)(2) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) as of September 
30, 2005, but not appropriated as of that date, are reallocated 
to the allocation established in section 402(g)(3) of the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1232(g)(3)): Provided further, That the State of Maryland may 
set aside the greater of $1,000,000 or 10 percent of the total 
of the grants made available to the State under title IV of the 
Surface Mining Control and Reclamation Act of 1977, as amended 
(30 U.S.C. 1231 et seq.), if the amount set aside is deposited 
in an acid mine drainage abatement and treatment fund 
established under a State law, pursuant to which law the amount 
(together with all interest earned on the amount) is expended 
by the State to undertake acid mine drainage abatement and 
treatment projects, except that before any amounts greater than 
10 percent of its title IV grants are deposited in an acid mine 
drainage abatement and treatment fund, the State of Maryland 
must first complete all Surface Mining Control and Reclamation 
Act priority one projects: Provided further, That amounts 
provided under this heading may be used for the travel and per 
diem expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored training.

                        administrative provision

    With funds available for the Technical Innovation and 
Professional Services program in this Act, the Secretary may 
transfer title for computer hardware, software and other 
technical equipment to State and Tribal regulatory and 
reclamation programs.

                        Bureau of Indian Affairs

                      OPERATION OF INDIAN PROGRAMS

    For expenses necessary for the operation of Indian 
programs, as authorized by law, including the Snyder Act of 
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination 
and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), 
as amended, the Education Amendments of 1978 (25 U.S.C. 2001-
2019), and the Tribally Controlled Schools Act of 1988 (25 
U.S.C. 2501 et seq.), as amended, $1,991,490,000, to remain 
available until September 30, 2007 except as otherwise provided 
herein, of which not to exceed $86,462,000 shall be for welfare 
assistance payments and notwithstanding any other provision of 
law, including but not limited to the Indian Self-Determination 
Act of 1975, as amended, not to exceed $134,609,000 shall be 
available for payments to tribes and tribal organizations for 
contract support costs associated with ongoing contracts, 
grants, compacts, or annual funding agreements entered into 
with the Bureau prior to or during fiscal year 2006, as 
authorized by such Act, except that tribes and tribal 
organizations may use their tribal priority allocations for 
unmet indirect contract support costs of ongoing contracts, 
grants, or compacts, or annual funding agreements and for unmet 
welfare assistance costs; and of which not to exceed 
$464,585,000 for school operations costs of Bureau-funded 
schools and other education programs shall become available on 
July 1, 2006, and shall remain available until September 30, 
2007; and of which not to exceed $61,667,000 shall remain 
available until expended for housing improvement, road 
maintenance, attorney fees, litigation support, the Indian 
Self-Determination Fund, land records improvement, and the 
Navajo-Hopi Settlement Program: Provided, That notwithstanding 
any other provision of law, including but not limited to the 
Indian Self-Determination Act of 1975, as amended, and 25 
U.S.C. 2008, not to exceed $44,718,000 within and only from 
such amounts made available for school operations shall be 
available to tribes and tribal organizations for administrative 
cost grants associated with ongoing grants entered into with 
the Bureau prior to or during fiscal year 2005 for the 
operation of Bureau-funded schools, and up to $500,000 within 
and only from such amounts made available for school operations 
shall be available for the transitional costs of initial 
administrative cost grants to tribes and tribal organizations 
that enter into grants for the operation on or after July 1, 
2005, of Bureau-operated schools: Provided further, That any 
forestry funds allocated to a tribe which remain unobligated as 
of September 30, 2007, may be transferred during fiscal year 
2008 to an Indian forest land assistance account established 
for the benefit of such tribe within the tribe's trust fund 
account: Provided further, That any such unobligated balances 
not so transferred shall expire on September 30, 2008.

                              CONSTRUCTION

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
facilities, including architectural and engineering services by 
contract; acquisition of lands, and interests in lands; and 
preparation of lands for farming, and for construction of the 
Navajo Indian Irrigation Project pursuant to Public Law 87-483, 
$275,637,000, to remain available until expended: Provided, 
That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the 
Bureau of Reclamation: Provided further, That not to exceed 6 
percent of contract authority available to the Bureau of Indian 
Affairs from the Federal Highway Trust Fund may be used to 
cover the road program management costs of the Bureau: Provided 
further, That any funds provided for the Safety of Dams program 
pursuant to 25 U.S.C. 13 shall be made available on a 
nonreimbursable basis: Provided further, That for fiscal year 
2006, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 
that are provided to tribally controlled grant schools under 
Public Law 100-297, as amended, the Secretary of the Interior 
shall use the Administrative and Audit Requirements and Cost 
Principles for Assistance Programs contained in 43 CFR part 12 
as the regulatory requirements: Provided further, That such 
grants shall not be subject to section 12.61 of 43 CFR; the 
Secretary and the grantee shall negotiate and determine a 
schedule of payments for the work to be performed: Provided 
further, That in considering applications, the Secretary shall 
consider whether the Indian tribe or tribal organization would 
be deficient in assuring that the construction projects conform 
to applicable building standards and codes and Federal, tribal, 
or State health and safety standards as required by 25 U.S.C. 
2005(b), with respect to organizational and financial 
management capabilities: Provided further, That if the 
Secretary declines an application, the Secretary shall follow 
the requirements contained in 25 U.S.C. 2504(f): Provided 
further, That any disputes between the Secretary and any 
grantee concerning a grant shall be subject to the disputes 
provisionin 25 U.S.C. 2507(e): Provided further, That in order 
to ensure timely completion of replacement school construction 
projects, the Secretary may assume control of a project and all funds 
related to the project, if, within eighteen months of the date of 
enactment of this Act, any tribe or tribal organization receiving funds 
appropriated in this Act or in any prior Act, has not completed the 
planning and design phase of the project and commenced construction of 
the replacement school: Provided further, That this Appropriation may 
be reimbursed from the Office of the Special Trustee for American 
Indians Appropriation for the appropriate share of construction costs 
for space expansion needed in agency offices to meet trust reform 
implementation.

 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS

    For miscellaneous payments to Indian tribes and individuals 
and for necessary administrative expenses, $34,754,000, to 
remain available until expended, for implementation of Indian 
land and water claim settlements pursuant to Public Laws 99-
264, 100-580, 101-618, 106-554, 107-331, and 108-34, and for 
implementation of other land and water rights settlements, of 
which $10,000,000 shall be available for payment to the 
Quinault Indian Nation pursuant to the terms of the North 
Boundary Settlement Agreement dated July 14, 2000, providing 
for the acquisition of perpetual conservation easements from 
the Nation.

                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

    For the cost of guaranteed and insured loans, $6,348,000, 
of which $701,000 is for administrative expenses, as authorized 
by the Indian Financing Act of 1974, as amended: Provided, That 
such costs, including the cost of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $118,884,000.

                       ADMINISTRATIVE PROVISIONS

    The Bureau of Indian Affairs may carry out the operation of 
Indian programs by direct expenditure, contracts, cooperative 
agreements, compacts and grants, either directly or in 
cooperation with States and other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 
may contract for services in support of the management, 
operation, and maintenance of the Power Division of the San 
Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and 
insurance fund, and the Indian Guaranteed Loan Program account) 
shall be available for expenses of exhibits, and purchase and 
replacement of passenger motor vehicles.
    Notwithstanding any other provision of law, no funds 
available to the Bureau of Indian Affairs for central office 
operations or pooled overhead general administration (except 
facilities operations and maintenance) shall be available for 
tribal contracts, grants, compacts, or cooperative agreements 
with the Bureau of Indian Affairs under the provisions of the 
Indian Self-Determination Act or the Tribal Self-Governance Act 
of 1994 (Public Law 103-413).
    In the event any tribe returns appropriations made 
available by this Act to the Bureau of Indian Affairs for 
distribution to other tribes, this action shall not diminish 
the Federal Government's trust responsibility to that tribe, or 
the government-to-government relationship between the United 
States and that tribe, or that tribe's ability to access future 
appropriations.
    Notwithstanding any other provision of law, no funds 
available to the Bureau, other than the amounts provided herein 
for assistance to public schools under 25 U.S.C. 452 et seq., 
shall be available to support the operation of any elementary 
or secondary school in the State of Alaska.
    Appropriations made available in this or any other Act for 
schools funded by the Bureau shall be availableonly to the 
schools in the Bureau school system as of September 1, 1996. No funds 
available to the Bureau shall be used to support expanded grades for 
any school or dormitory beyond the grade structure in place or approved 
by the Secretary of the Interior at each school in the Bureau school 
system as of October 1, 1995. Funds made available under this Act may 
not be used to establish a charter school at a Bureau-funded school (as 
that term is defined in section 1146 of the Education Amendments of 
1978 (25 U.S.C. 2026)), except that a charter school that is in 
existence on the date of the enactment of this Act and that has 
operated at a Bureau-funded school before September 1, 1999, may 
continue to operate during that period, but only if the charter school 
pays to the Bureau a pro rata share of funds to reimburse the Bureau 
for the use of the real and personal property (including buses and 
vans), the funds of the charter school are kept separate and apart from 
Bureau funds, and the Bureau does not assume any obligation for charter 
school programs of the State in which the school is located if the 
charter school loses such funding. Employees of Bureau-funded schools 
sharing a campus with a charter school and performing functions related 
to the charter school's operation and employees of a charter school 
shall not be treated as Federal employees for purposes of chapter 171 
of title 28, United States Code.
    Notwithstanding any other provision of law, including 
section 113 of title I of appendix C of Public Law 106-113, if 
a tribe or tribal organization in fiscal year 2003 or 2004 
received indirect and administrative costs pursuant to a 
distribution formula based on section 5(f) of Public Law 101-
301, the Secretary shall continue to distribute indirect and 
administrative cost funds to such tribe or tribal organization 
using the section 5(f) distribution formula.

                          Departmental Offices

                            Insular Affairs

                       ASSISTANCE TO TERRITORIES

    For expenses necessary for assistance to territories under 
the jurisdiction of the Department of the Interior, 
$76,883,000, of which: (1) $69,502,000 shall be available until 
expended for technical assistance, including maintenance 
assistance, disaster assistance, insular management controls, 
coral reef initiative activities, and brown tree snake control 
and research; grants to the judiciary in American Samoa for 
compensation and expenses, as authorized by law (48 U.S.C. 
1661(c)); grants to the Government of American Samoa, in 
addition to current local revenues, for construction and 
support of governmental functions; grants to the Government of 
the Virgin Islands as authorized by law; grants to the 
Government of Guam, as authorized by law; and grants to the 
Government of the Northern Mariana Islands as authorized by law 
(Public Law 94-241; 90 Stat. 272); and (2) $7,381,000 shall be 
available for salaries and expenses of the Office of Insular 
Affairs: Provided, That all financial transactions of the 
territorial and local governments herein provided for, 
including such transactions of all agencies or 
instrumentalities established or used by such governments, may 
be audited by the Government Accountability Office, at its 
discretion, in accordance with chapter 35 of title 31, United 
States Code: Provided further, That Northern Mariana Islands 
Covenant grant funding shall be provided according to those 
terms of the Agreement of the Special Representatives on Future 
United States Financial Assistance for the Northern Mariana 
Islands approved by Public Law 104-134: Provided further, That 
of the amounts provided for technical assistance, sufficient 
funds shall be made available for a grant to the Pacific Basin 
Development Council: Provided further, That of the amounts 
provided for technical assistance, sufficient funding shall be 
made available for a grant to the Close Up Foundation: Provided 
further, That the funds for the program of operations and 
maintenance improvement are appropriated to institutionalize 
routine operations and maintenance improvement of capital 
infrastructure with territorial participation and cost sharing 
to be determined by the Secretary based on the grantee's 
commitment to timely maintenance of its capital assets: 
Provided further, That any appropriation for disaster 
assistance under this heading in this Act or previous 
appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant 
to section 404 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c).

                      COMPACT OF FREE ASSOCIATION

    For grants and necessary expenses, $5,362,000, to remain 
available until expended, as provided for in sections 
221(a)(2), 221(b), and 233 of the Compact of Free Association 
for the Republic of Palau; and section 221(a)(2) of the 
Compacts of Free Association for the Government of the Republic 
of the Marshall Islands and the Federated States of Micronesia, 
as authorized by Public Law 99-658 and Public Law 108-188.

                        Departmental Management

                         SALARIES AND EXPENSES

    For necessary expenses for management of the Department of 
the Interior, $127,183,000; of which $7,441,000 is to be 
derived from the Land and Water Conservation Fund and shall 
remain available until expended; of which not to exceed $8,500 
may be for official reception and representation expenses; and 
of which up to $1,000,000 shall be available for workers 
compensation payments and unemployment compensation payments 
associated with the orderly closure of the United States Bureau 
of Mines: Provided, That none of the funds in this Act or 
previous appropriations Acts may be used to establish reserves 
in the Working Capital Fund account other than for accrued 
annual leave and depreciation of equipment without prior 
approval of the House and Senate Committees on Appropriations.

                       PAYMENTS IN LIEU OF TAXES

    For expenses necessary to implement the Act of October 20, 
1976, as amended (31 U.S.C. 6901-6907), $236,000,000, of which 
not to exceed $400,000 shall be available for administrative 
expenses: Provided, That no payment shall be made to otherwise 
eligible units of local government if the computed amount of 
the payment is less than $100.

                    CENTRAL HAZARDOUS MATERIALS FUND

    For necessary expenses of the Department of the Interior 
and any of its component offices and bureaus for the remedial 
action, including associated activities, of hazardous waste 
substances, pollutants, or contaminants pursuant to the 
Comprehensive Environmental Response, Compensation, and 
Liability Act, as amended (42 U.S.C.9601 et seq.), $9,855,000, 
to remain available until expended: Provided, That hereafter, 
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party 
in advance of or as reimbursement for remedial action or response 
activities conducted by the Department pursuant to section 107 or 
113(f) of such Act, shall be credited to this account, to be available 
until expended without further appropriation: Provided further, That 
hereafter such sums recovered from or paid by any party are not limited 
to monetary payments and may include stocks, bonds or other personal or 
real property, which may be retained, liquidated, or otherwise disposed 
of by the Secretary and which shall be credited to this account.

                        Office of the Solicitor

                         SALARIES AND EXPENSES

    For necessary expenses of the Office of the Solicitor, 
$55,440,000.

                      Office of Inspector General

                         SALARIES AND EXPENSES

    For necessary expenses of the Office of Inspector General, 
$39,116,000.

             Office of Special Trustee for American Indians

                         FEDERAL TRUST PROGRAMS

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and 
grants, $191,593,000, to remain available until expended, of 
which not to exceed $58,000,000 from this or any other Act, 
shall be available for historical accounting: Provided, That 
funds for trust management improvements and litigation support 
may, as needed, be transferred to or merged with the Bureau of 
Indian Affairs, ``Operation of Indian Programs'' account; the 
Office of the Solicitor, ``Salaries and Expenses'' account; and 
the Departmental Management, ``Salaries and Expenses'' account: 
Provided further, That funds made available to Tribes and 
Tribal organizations through contracts or grants obligated 
during fiscal year 2006, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain 
available until expended by the contractor or grantee: Provided 
further, That, notwithstanding any other provision of law, the 
statute of limitations shall not commence to run on any claim, 
including any claim in litigation pending on the date of the 
enactment of this Act, concerning losses to or mismanagement of 
trust funds, until the affected tribe or individual Indian has 
been furnished with an accounting of such funds from which the 
beneficiary can determine whether there has been a loss: 
Provided further, That, notwithstanding any other provision of 
law, the Secretary shall not be required to provide a quarterly 
statement of performance for any Indian trust account that has 
not had activity for at least 18 months and has a balance of 
$1.00 or less: Provided further, That the Secretary shall issue 
an annual account statement and maintain a record of any such 
accounts and shall permit the balance in each such account to 
be withdrawn upon the express written request of the account 
holder: Provided further, That not to exceed $50,000 is 
available for the Secretary to make payments to correct 
administrative errors of either disbursements from or deposits 
to Individual Indian Money or Tribal accounts after September 
30, 2002: Provided further, That erroneous payments that are 
recovered shall be credited to and remain available in this 
account for this purpose.

                       INDIAN LAND CONSOLIDATION

    For consolidation of fractional interests in Indian lands 
and expenses associated with redetermining and redistributing 
escheated interests in allotted lands, and for necessary 
expenses to carry out the Indian Land Consolidation Act of 
1983, as amended, by direct expenditure or cooperative 
agreement, $34,514,000, to remain available until expended, and 
which may be transferred to the Bureau of Indian Affairs and 
Departmental Management accounts: Provided, That funds provided 
under this heading may be expended pursuant to the authorities 
contained in the provisos under the heading ``Office of Special 
Trustee for American Indians, Indian Land Consolidation'' of 
theInterior and Related Agencies Appropriations Act, 2001 
(Public Law 106-291).

           Natural Resource Damage Assessment and Restoration

                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

    To conduct natural resource damage assessment and 
restoration activities by the Department of the Interior 
necessary to carry out the provisions of the Comprehensive 
Environmental Response, Compensation, and Liability Act, as 
amended (42 U.S.C. 9601 et seq.), Federal Water Pollution 
Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et 
seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et 
seq.), $6,106,000, to remain available until expended.

                       ADMINISTRATIVE PROVISIONS

    There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of 
which shall be for replacement and which may be obtained by 
donation, purchase or through available excess surplus 
property: Provided, That existing aircraft being replaced may 
be sold, with proceeds derived or trade-in value used to offset 
the purchase price for the replacement aircraft: Provided 
further, That no programs funded with appropriated funds in the 
``Departmental Management'', ``Office of the Solicitor'', and 
``Office of Inspector General'' may be augmented through the 
Working Capital Fund: Provided further, That the annual budget 
justification for Departmental Management shall describe 
estimated Working Capital Fund charges to bureaus and offices, 
including the methodology on which charges are based: Provided 
further, That departures from the Working Capital Fund 
estimates contained in the Departmental Management budget 
justification shall be presented to the Committees on 
Appropriations for approval: Provided further, That the 
Secretary shall provide a semi-annual report to the Committees 
on Appropriations on reimbursable support agreements between 
the Office of the Secretary and the National Business Center 
and the bureaus and offices of the Department, including the 
amounts billed pursuant to such agreements.

             General Provisions, Department of the Interior

    Sec. 101. Appropriations made in this title shall be 
available for expenditure or transfer (within each bureau or 
office), with the approval of the Secretary, for the emergency 
reconstruction, replacement, or repair of aircraft, buildings, 
utilities, or other facilities or equipment damaged or 
destroyed by fire, flood, storm, or other unavoidable causes: 
Provided, That no funds shall be made available under this 
authority until funds specifically made available to the 
Department of the Interior for emergencies shall have been 
exhausted: Provided further, That all funds used pursuant to 
this section must be replenished by a supplemental 
appropriation which must be requested as promptly as possible.
    Sec. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in 
addition to the amounts included in the budget programs of the 
several agencies, for the suppression or emergency prevention 
of wildland fires on or threatening lands under the 
jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its 
jurisdiction; for emergency actions related to potential or 
actual earthquakes, floods, volcanoes, storms, or other 
unavoidable causes; for contingency planning subsequent to 
actual oil spills; for response and natural resource damage 
assessment activities related to actual oil spills; for the 
prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in 
section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
emergency reclamation projects under section 410 of Public Law 
95-87; and shall transfer, from any no year funds available to 
the Office of Surface Mining Reclamation and Enforcement, such 
funds as may be necessary to permit assumption of regulatory 
authority in the event a primacy State is not carrying out the 
regulatory provisions of the Surface Mining Act: Provided, That 
appropriations made in this title for wildland fire operations 
shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to 
other Federal agencies for destruction of vehicles, aircraft, 
or other equipment in connection with their use for wildland 
fire operations, such reimbursement to be credited to 
appropriations currently available at the time of receipt 
thereof: Provided further, That for wildland fire operations, 
no funds shall be made available under this authority until the 
Secretary determines that funds appropriated for ``wildland 
fire operations'' shall be exhausted within 30 days: Provided 
further, That all funds used pursuant to this section must be 
replenished by a supplemental appropriation which must be 
requested as promptly as possible: Provided further, That such 
replenishment funds shall be used to reimburse, on a pro rata 
basis, accounts from which emergency funds were transferred.
    Sec. 103. Appropriations made to the Department of the 
Interior in this title shall be available for services as 
authorized by 5 U.S.C. 3109, when authorized by the Secretary, 
in total amount not to exceed $500,000; hire, maintenance, and 
operation of aircraft; hire of passenger motor vehicles; 
purchase of reprints; payment for telephone service in private 
residences in the field, when authorized under regulations 
approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in 
societies or associations which issue publications to members 
only or at a price to members lower than to subscribers who are 
not members.
    Sec. 104. No funds provided in this title may be expended 
by the Department of the Interior for the conduct of offshore 
preleasing, leasing and related activities placed under 
restriction in the President's moratorium statement of June 12, 
1998, in the areas of northern, central, and southern 
California; the North Atlantic; Washington and Oregon; and the 
eastern Gulf of Mexico south of 26 degrees north latitude and 
east of 86 degrees west longitude.
    Sec. 105. No funds provided in this title may be expended 
by the Department of the Interior to conduct offshore oil and 
natural gas preleasing, leasing and related activities in the 
eastern Gulf of Mexico planning area for any lands located 
outside Sale 181, as identified in the final Outer Continental 
Shelf 5-Year Oil and Gas Leasing Program, 1997-2002.
    Sec. 106. No funds provided in this title may be expended 
by the Department of the Interior to conduct oiland natural gas 
preleasing, leasing and related activities in the Mid-Atlantic and 
South Atlantic planning areas.
    Sec. 107. Appropriations made in this Act under the 
headings Bureau of Indian Affairs and Office of Special Trustee 
for American Indians and any unobligated balances from prior 
appropriations Acts made under the same headings shall be 
available for expenditure or transfer for Indian trust 
management and reform activities, except that total funding for 
historical accounting activities shall not exceed amounts 
specifically designated in this Act for such purpose.
    Sec. 108. Notwithstanding any other provision of law, in 
fiscal years 2006 through 2010, for the purpose of reducing the 
backlog of Indian probate cases in the Department of the 
Interior, the hearing requirements of chapter 10 of title 25, 
United States Code, are deemed satisfied by a proceeding 
conducted by an Indian probate judge, appointed by the 
Secretary without regard to the provisions of title 5, United 
States Code, governing the appointments in the competitive 
service, for such period of time as the Secretary determines 
necessary: Provided, That the basic pay of an Indian probate 
judge so appointed may be fixed by the Secretary without regard 
to the provisions of chapter 51, and subchapter III of chapter 
53 of title 5, United States Code, governing the classification 
and pay of General Schedule employees, except that no such 
Indian probate judge may be paid at a level which exceeds the 
maximum rate payable for the highest grade of the General 
Schedule, including locality pay.
    Sec. 109. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to redistribute any 
Tribal Priority Allocation funds, including tribal base funds, 
to alleviate tribal funding inequities by transferring funds to 
address identified, unmet needs, dual enrollment, overlapping 
service areas or inaccurate distribution methodologies. No 
tribe shall receive a reduction in Tribal Priority Allocation 
funds of more than 10 percent in fiscal year 2006. Under 
circumstances of dual enrollment, overlapping service areas or 
inaccurate distribution methodologies, the 10 percent 
limitation does not apply.
    Sec. 110. (a) For fiscal year 2006 and each succeeding 
fiscal year, any funds made available by this Act for the 
Southwest Indian Polytechnic Institute and Haskell Indian 
Nations University for postsecondary programs of the Bureau of 
Indian Affairs in excess of the amount made available for those 
postsecondary programs for fiscal year 2005 shall be allocated 
in direct proportion to the need of the schools, as determined 
in accordance with the postsecondary funding formula adopted by 
the Office of Indian Education Programs.
    (b) For fiscal year 2007 and each succeeding fiscal year, 
the Bureau of Indian Affairs shall use the postsecondary 
funding formula adopted by the Office of Indian Education 
Programs based on the needs of the Southwest Indian Polytechnic 
Institute and Haskell Indian Nations University to justify the 
amounts submitted as part of the budget request of the 
Department of the Interior.
    Sec. 111. Notwithstanding any other provision of law, in 
conveying the Twin Cities Research Center under the authority 
provided by Public Law 104-134, as amended by Public Law 104-
208, the Secretary may accept and retain land and other forms 
of reimbursement: Provided, That the Secretary may retain and 
use any such reimbursement until expended and without further 
appropriation: (1) for the benefit of the National Wildlife 
Refuge System within the State of Minnesota; and (2) for all 
activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
    Sec. 112. The Secretary of the Interior may use or contract 
for the use of helicopters or motor vehicles on the Sheldon and 
Hart National Wildlife Refuges for the purpose of capturing and 
transporting horses and burros. The provisions of subsection 
(a) of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not 
be applicable to such use. Such use shall be in accordance with 
humane procedures prescribed by the Secretary.
    Sec. 113. Funds provided in this Act for Federal land 
acquisition by the National Park Service for Shenandoah Valley 
Battlefields National Historic District and Ice Age National 
Scenic Trail, and funds provided in division E of Public Law 
108-447 (118 Stat. 3050) for land acquisition at the Niobrara 
National Scenic River, may be used for a grant to a State, a 
local government, or any other land management entity for the 
acquisition of lands without regard to any restriction on the 
use of Federal land acquisition funds provided through the Land 
and Water Conservation Fund Act of 1965 as amended.
    Sec. 114. None of the funds made available by this Act may 
be obligated or expended by the National Park Service to enter 
into or implement a concession contract which permits or 
requires the removal of the underground lunchroom at the 
Carlsbad Caverns National Park.
    Sec. 115. None of the funds made available in this Act may 
be used: (1) to demolish the bridge between Jersey City, New 
Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
such bridge, when such pedestrian use is consistent with 
generally accepted safety standards.
    Sec. 116. None of the funds in this or any other Act can be 
used to compensate the Special Master and the Special Master-
Monitor, and all variations thereto, appointed by the United 
States District Court for the District of Columbia in the 
Cobell v. Norton litigation at an annual rate that exceeds 200 
percent of the highest Senior Executive Service rate of pay for 
the Washington-Baltimore locality pay area.
    Sec. 117. The Secretary of the Interior may use 
discretionary funds to pay private attorney fees and costs for 
employees and former employees of the Department of the 
Interior reasonably incurred in connection with Cobell v. 
Norton to the extent that such fees and costs are not paid by 
the Department of Justice or by private insurance. In no case 
shall the Secretary make payments under this section that would 
result in payment of hourly fees in excess of the highest 
hourly rate approved by the District Court for the District of 
Columbia for counsel in Cobell v. Norton.
    Sec. 118. The United States Fish and Wildlife Service 
shall, in carrying out its responsibilities to protect 
threatened and endangered species of salmon, implement a system 
of mass marking of salmonid stocks, intended for harvest, that 
are released from Federally operated or Federally financed 
hatcheries including but not limited to fish releases of coho, 
chinook, and steelhead species. Marked fish must have a visible 
mark that can be readily identified by commercial and 
recreational fishers.
    Sec. 119. (a) In General.--Nothing in section 134 of the 
Department of the Interior and Related Agencies Appropriations 
Act, 2002 (115 Stat. 443) affects the decision of the United 
States Court of Appeals for the 10th Circuit in Sac and Fox 
Nation v. Norton, 240 F.3d 1250 (2001).
    (b) Use of Certain Indian Land.--Nothing in this section 
permits the conduct of gaming under the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.) on land described in 
section 123 of the Department of the Interior and Related 
Agencies Appropriations Act, 2001 (114 Stat. 944), or land that 
is contiguous to that land, regardless of whether the land or 
contiguous land has been taken into trust by the Secretary of 
the Interior.
    Sec. 120. No funds appropriated for the Department of the 
Interior by this Act or any other Act shall be used to study or 
implement any plan to drain Lake Powell or to reduce the water 
level of the lake below the range of water levels required for 
the operation of the Glen Canyon Dam.
    Sec. 121. Notwithstanding the limitation in subparagraph 
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25 
U.S.C. 2717(a)), the total amount of all fees imposed by the 
National Indian Gaming Commission for fiscal year 2007 shall 
not exceed $12,000,000.
    Sec. 122. Notwithstanding any implementation of the 
Department of the Interior's trust reorganization or 
reengineering plans, or the implementation of the ``To Be'' 
Model, funds appropriated for fiscal year 2006 shall be 
available to the tribes within the California Tribal Trust 
Reform Consortium and to the Salt River Pima-Maricopa Indian 
Community, the Confederated Salish and Kootenai Tribes of the 
Flathead Reservation and the Chippewa Cree Tribe of the Rocky 
Boys Reservation through the same methodology as funds were 
distributed in fiscal year 2003. This Demonstration Project 
shall continue to operate separate and apart from the 
Department of the Interior's trust reform and reorganization 
and the Department shall not impose its trust management 
infrastructure upon or alter the existing trust resource 
management systems of the above referenced tribes having a 
self-governance compact and operating in accordance with the 
Tribal Self-Governance Program set forth in 25 U.S.C. 458aa-
458hh: Provided, That the California Trust Reform Consortium 
and any other participating tribe agree to carry out their 
responsibilities under the same written and implemented 
fiduciary standards as those being carried by the Secretary of 
the Interior: Provided further, That they demonstrate to the 
satisfaction of the Secretary that they have the capability to 
do so: Provided further, That the Department shall provide 
funds to the tribes in an amount equal to that required by 25 
U.S.C. 458cc(g)(3), including funds specifically or 
functionally related to the provision of trust services to the 
tribes or their members.
    Sec. 123. Notwithstanding any provision of law, including 
42 U.S.C. 4321 et. seq., nonrenewable grazing permits 
authorized in the Jarbidge Field Office, Bureau of Land 
Management within the past 9 years, shall be renewed. The 
Animal Unit Months contained in the most recently expired 
nonrenewable grazing permit, authorized between March 1, 1997, 
and February 28, 2003, shall continue in effect under the 
renewed permit. Nothing in this section shall be deemed to 
extend the nonrenewable permits beyond the standard 1-year 
term.
    Sec. 124. Notwithstanding any other provision of law, the 
Secretary of the Interior is authorized to acquire lands, 
waters, or interests therein including the use of all or part 
of any pier, dock, or landing within the State of New York and 
the State of New Jersey, for the purpose of operating and 
maintaining facilities in the support of transportation and 
accommodation of visitors to Ellis, Governors, and Liberty 
Islands, and of other program and administrative activities, by 
donation or with appropriated funds, including franchise fees 
(and other monetary consideration), or by exchange; and the 
Secretary is authorized to negotiate and enter into leases, 
subleases, concession contracts or other agreements for the use 
of such facilities on such terms and conditions as the 
Secretary may determine reasonable.
    Sec. 125. Upon the request of the permittee for the Clark 
Mountain Allotment lands adjacent to the Mojave National 
Preserve, the Secretary shall also issue a special use permit 
for that portion of the grazing allotment located within the 
Preserve. The special use permit shall be issued with the same 
terms and conditions as the most recently-issued permit for 
that allotment and the Secretary shall consider the permit to 
be one transferred in accordance with section 325 of Public Law 
108-108.
    Sec. 126. Notwithstanding any other provision of law, the 
National Park Service final winter use rules published in Part 
VII of the Federal Register for November 10, 2004, 69 Fed. Reg. 
65348 et seq., shall be in force and effect for the winter use 
season of 2005-2006 that commences on or about December 15, 
2005.
    Sec. 127. Section 1121(d) of the Education Amendments of 
1978 (25 U.S.C. 2001(d)) is amended by striking paragraph (7) 
and inserting the following:
            ``(7) Approval of indian tribes.--The Secretary 
        shall not terminate, close, consolidate, contract, 
        transfer to another authority, or take any other action 
        relating to an elementary school or secondary school 
        (or any program of such a school) of an Indian tribe 
        without the approval of the governing body of any 
        Indian tribe that would be affected by such an 
        action.''.
    Sec. 128. Section 108(e) of the Act entitled ``An Act to 
establish the Kalaupapa National Historical Park in the State 
of Hawaii, and for other purposes'' (16 U.S.C. 410jj-7) is 
amended by striking ``twenty-five years from'' and inserting 
``on the date that is 45 years after''.
    Sec. 129. Section 402(b) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by 
striking ``September 30, 2005,'' and inserting ``June 30, 
2006,''.
    Sec. 130. None of the funds in this or any other Act may be 
used to set up Centers of Excellence and Partnership Skills 
Bank training without prior approval of the House and Senate 
Committees on Appropriations.
    Sec. 131. Section 114 of the Department of the Interior and 
Related Agencies Appropriations Act, 2003 (16 U.S.C. 460bb-3 
note; 117 Stat. 239; division F of Public Law 108-7), is 
amended--
            (1) in the second sentence, by inserting ``, 
        including utility expenses of the National Park Service 
        or lessees of the National Park Service'' after ``Fort 
        Baker properties''; and
            (2) by inserting between the first and second 
        sentences the following: ``In furtherance of a lease 
        entered into under the first sentence, the Secretary of 
        the Interior or a lessee may impose fees on overnight 
        lodgers for the purpose of covering the cost of 
        providing utilities and transportation services at Fort 
        Baker properties at a rate not to exceed the annual 
        cost of providing these services.''.
    Sec. 132. (a) Section 813(a) of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6812(a)) is amended by 
striking ``and (i)'' and inserting ``and (i) (except for 
paragraph (1)(C))''.
    (b) Section 4(i)(1)(C)(i) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(C)(i)) 
is amended--
            (1) by striking ``Notwithstanding subparagraph 
        (A)'' and all that follows through ``or section 107'' 
        and inserting ``Notwithstanding section 107''; and
            (2) by striking ``account under subparagraph (A)'' 
        and inserting ``account under section 807(a) of the 
        Federal Lands Recreation Enhancement Act (16 U.S.C. 
        6806(a))''.
    (c) Except as provided in this section, section 4(i)(1)(C) 
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
460l-6a(i)(1)(C)) shall be applied and administered as if 
section 813(a) of the Federal Lands Recreation Enhancement Act 
(16 U.S.C. 6812(a)) (and the amendments made by that section) 
had not been enacted.
    (d) This section and the amendments made by this section 
take effect as of December 8, 2004.
    Sec. 133. Section 5(c) of the National Trails System Act 
(16 U.S.C. 1244(c)) is amended by adding at the end the 
following:
    ``(43)(A) The Captain John Smith Chesapeake National 
Historic Watertrail, a series of routes extending approximately 
3,000 miles along the Chesapeake Bay and the tributaries of the 
Chesapeake Bay in the States of Virginia, Maryland, 
Pennsylvania, and Delaware and the District of Columbia that 
traces Captain John Smith's voyages charting the land and 
waterways of the Chesapeake Bay and the tributaries of the 
Chesapeake Bay.
    ``(B) The study shall be conducted in consultation with 
Federal, State, regional, and local agencies and 
representatives of the private sector, including the entities 
responsible for administering--
            ``(i) the Chesapeake Bay Gateways and Watertrails 
        Network authorized under the Chesapeake Bay Initiative 
        Act of 1998 (16 U.S.C. 461 note; title V of Public Law 
        105-312); and
            ``(ii) the Chesapeake Bay Program authorized under 
        section 117 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1267).
    ``(C) The study shall include an extensive analysis of the 
potential impacts the designation of the trail as a national 
historic watertrail is likely to have on land and water, 
including docks and piers, along the proposed route or 
bordering the study route that is privately owned at the time 
the study is conducted.''.
    Sec. 134. (a) Notwithstanding section 508(c) of the Omnibus 
Parks and Public Lands Management Act of 1996 (40 U.S.C. 8903 
note; Public Law 104-333) there is hereby appropriated to the 
Secretary of the Interior $10,000,000, to remain available 
until expended, for necessary expenses for the Memorial to 
Martin Luther King, Jr. authorized in that Act.
    (b) The funds appropriated in subsection (a) shall only be 
made available after the entire amount is matched by non-
federal contributions (not including in-kind contributions) 
that are pledged and received after July 26, 2005, but prior to 
the date specified in subsection (c).
    (c) Section 508(b)(2) of the Omnibus Parks and Public Lands 
Management Act of 1996 is amended by striking ``November 12, 
2006'' and inserting ``November 12, 2008''.

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and 
development activities, which shall include research and 
development activities under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended; 
necessary expenses for personnel and related costs and travel 
expenses, including uniforms, or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per 
diem rate equivalent to the maximum rate payable for senior 
level positions under 5 U.S.C. 5376; procurement of laboratory 
equipment and supplies; other operating expenses in support of 
research and development; construction, alteration, repair, 
rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project, $741,722,000, to remain available until 
September 30, 2007.

                 Environmental Programs and Management

    For environmental programs and management, including 
necessary expenses, not otherwise provided for, for personnel 
and related costs and travel expenses, including uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 
5376; hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase of reprints; library 
memberships in societies or associations which issue 
publications to members only or at a price to members lower 
than to subscribers who are not members; construction, 
alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $85,000 per project; and not to 
exceed $19,000 for official reception and representation 
expenses, $2,381,752,000, to remain available until September 
30, 2007, including administrative costs of the brownfields 
program under the Small Business Liability Relief and 
Brownfields Revitalization Act of 2002.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, and for construction, alteration, repair, 
rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project, $37,455,000, to remain available until 
September 30, 2007.

                        Buildings and Facilities

    For construction, repair, improvement, extension, 
alteration, and purchase of fixed equipment or facilities of, 
or for use by, the Environmental Protection Agency, 
$40,218,000, to remain available until expended.

                     Hazardous Substance Superfund

                     (INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses to carry out the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended, including sections 111(c)(3), (c)(5), 
(c)(6), and (e)(4) (42 U.S.C. 9611), and for construction, 
alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $85,000 per project; $1,260,621,000, 
to remain available until expended, consisting of such sums as 
are available in the Trust Fund upon the date of enactment of 
this Act as authorized by section 517(a) of the Superfund 
Amendments and Reauthorization Act of 1986 (SARA) and up to 
$1,260,621,000 as a payment from general revenues to the 
Hazardous Substance Superfund for purposes as authorized by 
section 517(b) of SARA, as amended: Provided, That funds 
appropriated under this heading may be allocated to other 
Federal agencies in accordance with section 111(a) of CERCLA: 
Provided further, That of the funds appropriated under this 
heading, $13,536,000 shall be transferred to the ``Office of 
Inspector General'' appropriation to remain available until 
September 30, 2007, and $30,606,000 shall be transferred to the 
``Science and Technology'' appropriation to remain available 
until September 30, 2007.

                Leaking Underground Storage Tank Program

    For necessary expenses to carry out leaking underground 
storage tank cleanup activities authorized by section 205 of 
the Superfund Amendments and Reauthorization Act of 1986, and 
for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project, 
$73,027,000, to remain available until expended.

                           Oil Spill Response

    For expenses necessary to carry out the Environmental 
Protection Agency's responsibilities under the Oil Pollution 
Act of 1990, $15,863,000, to be derived from the Oil Spill 
Liability trust fund, to remain available until expended.

                   State and Tribal Assistance Grants

                    (INCLUDING RESCISSIONS OF FUNDS)

    For environmental programs and infrastructure assistance, 
including capitalization grants for State revolving funds and 
performance partnership grants, $3,261,696,000, to remain 
available until expended, of which $900,000,000 shall be for 
making capitalization grants for the Clean Water State 
Revolving Funds under title VI of the Federal Water Pollution 
Control Act, as amended (the ``Act''); of which up to 
$50,000,000 shall be available for loans, including interest 
free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to 
municipal, inter-municipal, interstate, or State agencies or 
nonprofit entities for projects that provide treatment for or 
that minimize sewage or stormwater discharges using one or more 
approaches which include, but are not limited to, decentralized 
or distributed stormwater controls, decentralized wastewater 
treatment, low-impact development practices, conservation 
easements, stream buffers, or wetlands restoration; 
$850,000,000 shall be for capitalization grants for the 
Drinking Water State Revolving Funds under section 1452 of the 
Safe Drinking Water Act, as amended, except that, 
notwithstanding section 1452(n) of the Safe Drinking Water Act, 
as amended, hereafter none of the funds made available under 
this heading in this or previous appropriations Acts shall be 
reserved by the Administrator for health effects studies on 
drinking water contaminants; $50,000,000 shall be for 
architectural, engineering, planning, design, construction and 
related activities in connection with the construction of high 
priority water and wastewater facilities in the area of the 
United States-Mexico Border, after consultation with the 
appropriate border commission; $35,000,000 shall be for grants 
to the State of Alaska to address drinking water and 
wasteinfrastructure needs of rural and Alaska Native Villages: 
Provided, That, of these funds: (1) the State of Alaska shall provide a 
match of 25 percent; (2) no more than 5 percent of the funds may be 
used for administrative and overhead expenses; and (3) not later than 
October 1, 2005 the State of Alaska shall make awards consistent with 
the State-wide priority list established in 2004 for all water, sewer, 
waste disposal, and similar projects carried out by the State of Alaska 
that are funded under section 221 of the Federal Water Pollution 
Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less 
than 25 percent of the funds provided for projects in regional hub 
communities; $200,000,000 shall be for making special project grants 
for the construction of drinking water, wastewater and storm water 
infrastructure and for water quality protection in accordance with the 
terms and conditions specified for such grants in the joint explanatory 
statement of the managers accompanying this Act, and, for purposes of 
these grants, each grantee shall contribute not less than 45 percent of 
the cost of the project unless the grantee is approved for a waiver by 
the Agency; $90,000,000 shall be to carry out section 104(k) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (CERCLA), as amended, including grants, interagency agreements, 
and associated program support costs; $7,000,000 for making cost-shared 
grants for school bus retrofit and replacement projects that reduce 
diesel emissions; and $1,129,696,000 shall be for grants, including 
associated program support costs, to States, federally recognized 
tribes, interstate agencies, tribal consortia, and air pollution 
control agencies for multi-media or single media pollution prevention, 
control and abatement and related activities, including activities 
pursuant to the provisions set forth under this heading in Public Law 
104-134, and for making grants under section 103 of the Clean Air Act 
for particulate matter monitoring and data collection activities 
subject to terms and conditions specified by the Administrator, of 
which $50,000,000 shall be for carrying out section 128 of CERCLA, as 
amended, $20,000,000 shall be for Environmental Information Exchange 
Network grants, including associated program support costs, and 
$16,856,000 shall be for making competitive targeted watershed grants: 
Provided further, That for fiscal year 2006 and thereafter, State 
authority under section 302(a) of Public Law 104-182 shall remain in 
effect: Provided further, That notwithstanding section 603(d)(7) of the 
Federal Water Pollution Control Act, the limitation on the amounts in a 
State water pollution control revolving fund that may be used by a 
State to administer the fund shall not apply to amounts included as 
principal in loans made by such fund in fiscal year 2006 and prior 
years where such amounts represent costs of administering the fund to 
the extent that such amounts are or were deemed reasonable by the 
Administrator, accounted for separately from other assets in the fund, 
and used for eligible purposes of the fund, including administration: 
Provided further, That for fiscal year 2006, and notwithstanding 
section 518(f) of the Act, the Administrator is authorized to use the 
amounts appropriated for any fiscal year under section 319 of that Act 
to make grants to Indian tribes pursuant to sections 319(h) and 518(e) 
of that Act: Provided further, That for fiscal year 2006, 
notwithstanding the limitation on amounts in section 518(c) of the Act, 
up to a total of 1\1/2\ percent of the funds appropriated for State 
Revolving Funds under title VI of that Act may be reserved by the 
Administrator for grants under section 518(c) of that Act: Provided 
further, That no funds provided by this legislation to address the 
water, wastewater and other critical infrastructure needs of the 
colonias in the United States along the United States-Mexico border 
shall be made available to a county or municipal government unless that 
government has established an enforceable local ordinance, or other 
zoning rule, which prevents in that jurisdiction the development or 
construction of any additional colonia areas, or the development within 
an existing colonia the construction of any new home, business, or 
other structure which lacks water, wastewater, or other necessary 
infrastructure: Provided further, That, notwithstanding this or any 
other appropriations Act, heretofore and hereafter, after consultation 
with the House and Senate Committees on Appropriations and for the 
purpose of making technical corrections, the Administrator is 
authorized to award grants under this heading to entities and for 
purposes other than those listed in the joint explanatory statements of 
the managers accompanying the Agency's appropriations Acts for the 
construction of drinking water, wastewater and stormwater 
infrastructure and for water quality protection.
    In addition, $80,000,000 is hereby rescinded from prior 
year funds in appropriation accounts available to the 
Environmental Protection Agency: Provided, That such 
rescissions shall be taken solely from amounts associated with 
grants, contracts, and interagency agreements whose 
availability, under the original project period for such grant 
or interagency agreement or contract period for such contract, 
has expired: Provided further, That such rescissions shall 
include funds that were appropriated under this heading for 
special project grants in fiscal year 2000 or earlier that have 
not been obligated on an approved grant by September 1, 2006.

                       Administrative Provisions

    For fiscal year 2006, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection 
Agency, in carrying out the Agency's function to implement 
directly Federal environmental programs required or authorized 
by law in the absence of an acceptable tribal program, may 
award cooperative agreements to federally-recognized Indian 
Tribes or Intertribal consortia, if authorized by their member 
Tribes, to assist the Administrator in implementing Federal 
environmental programs for Indian Tribes required or authorized 
by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration 
service fees in accordance with section 33 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (as added by 
subsection (f)(2) of the Pesticide Registration Improvement Act 
of 2003), as amended.
    Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated 
funds for fiscal year 2006 may be used to award grants or loans 
under section 104(k) of CERCLAto eligible entities that satisfy 
all of the elements set forth in CERCLA section 101(40) to qualify as a 
bona fide prospective purchaser except that the date of acquisition of 
the property was prior to the date of enactment of the Small Business 
Liability Relief and Brownfield Revitalization Act of 2001.
      For fiscal years 2006 through 2011, the Administrator 
may, after consultation with the Office of Personnel 
Management, make not to exceed five appointments in any fiscal 
year under the authority provided in 42 U.S.C. 209 for the 
Office of Research and Development.
      Beginning in fiscal year 2006 and thereafter, and 
notwithstanding section 306 of the Toxic Substances Control 
Act, the Federal share of the cost of radon program activities 
implemented with Federal assistance under section 306 shall not 
exceed 60 percent in the third and subsequent grant years.

          General Provisions, Environmental Protection Agency

      Sec. 201. None of the funds made available by this Act 
may be used by the Administrator of the Environmental 
Protection Agency to accept, consider or rely on third-party 
intentional dosing human toxicity studies for pesticides, or to 
conduct intentional dosing human toxicity studies for 
pesticides until the Administrator issues a final rulemaking on 
this subject. The Administrator shall allow for a period of not 
less than 90 days for public comment on the Agency's proposed 
rule before issuing a final rule. Such rule shall not permit 
the use of pregnant women, infants or children as subjects; 
shall be consistent with the principles proposed in the 2004 
report of the National Academy of Sciences on intentional human 
dosing and the principles of the Nuremberg Code with respect to 
human experimentation; and shall establish an independent Human 
Subjects Review Board. The final rule shall be issued no later 
than 180 days after enactment of this Act.
      Sec. 202. None of the funds made available by this Act 
may be used in contravention of, or to delay the implementation 
of, Executive Order No. 12898 of February 11, 1994 (59 Fed. 
Reg. 7629; relating to Federal actions to address environmental 
justice in minority populations and low-income populations).
      Sec. 203. None of the funds made available in this Act 
may be used to finalize, issue, implement, or enforce the 
proposed policy of the Environmental Protection Agency entitled 
``National Pollutant Discharge Elimination System (NPDES) 
Permit Requirements for Municipal Wastewater Treatment During 
Wet Weather Conditions'', dated November 3, 2003 (68 Fed. Reg. 
63042).
      Sec. 204. None of the funds made available in this Act 
may be used in contravention of 15 U.S.C. 2682(c)(3) or to 
delay the implementation of that section.
      Sec. 205. None of the funds provided in this Act or any 
other Act may be used by the Environmental Protection Agency to 
publish proposed or final regulations pursuant to the 
requirements of section 428(b) of division G of Public Law 108-
199 until the Administrator of the Environmental Protection 
Agency, in coordination with other appropriate Federal 
agencies, has completed and published a technical study to look 
at safety issues, including the risk of fire and burn to 
consumers in use, associated with compliance with the 
regulations. Not later than six months after the date of 
enactment of this Act, the Administrator shall complete and 
publish the technical study.

                      TITLE III--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     FOREST AND RANGELAND RESEARCH

      For necessary expenses of forest and rangeland research 
as authorized by law, $283,094,000, to remain available until 
expended: Provided, That of the funds provided, $60,267,000 is 
for the forest inventory and analysis program.

                       STATE AND PRIVATE FORESTRY

      For necessary expenses of cooperating with and providing 
technical and financial assistance to States, territories, 
possessions, and others, and for forest health management, 
including treatments of pests, pathogens, and invasive or 
noxious plants and for restoring and rehabilitating forests 
damaged by pests or invasive plants, cooperative forestry, and 
education and land conservation activities and conducting an 
international program as authorized, $283,577,000, to remain 
available until expended, as authorized by law of which 
$57,380,000 is to be derived from the Land and Water 
Conservation Fund: Provided, That none of the funds provided 
under this heading for the acquisition of lands or interests in 
lands shall be available until the Forest Service notifies the 
House Committee on Appropriations and the Senate Committee on 
Appropriations, in writing, of specific contractual and grant 
details including the non-Federal cost share: Provided further, 
That of the funds provided herein, $1,000,000 shall be provided 
to Custer County, Idaho, for economic development in accordance 
with the Central Idaho Economic Development and Recreation Act, 
subject to authorization: Provided further, That 
notwithstanding any other provision of law, of the funds 
provided under this heading, an advance lump sum payment of 
$1,000,000 shall be made available to Madison County, NC, for a 
forest recreation center, and a similar $500,000 payment shall 
be made available to Folkmoot USA in Haywood County, NC, for 
Appalachian folk programs including forest crafts.

                         NATIONAL FOREST SYSTEM

                     (INCLUDING TRANSFERS OF FUNDS)

      For necessary expenses of the Forest Service, not 
otherwise provided for, for management, protection, 
improvement, and utilization of the National Forest System, 
$1,424,348,000, to remain available until expended, which shall 
include 50 percent of all moneys received during prior fiscal 
years as fees collected under the Land and Water Conservation 
Fund Act of 1965, as amended, in accordance with section 4 of 
the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated 
balances under this heading available at the start of fiscal 
year 2006 shall be displayed by budget line item in the fiscal 
year 2007 budget justification: Provided further, That of the 
funds provided under this heading for Forest Products, 
$5,000,000 shall be allocated to the Alaska Region, in addition 
to its normal allocation for the purposes of preparing 
additional timber for sale, to establish a 3-year timber supply 
and such funds may be transferred to other appropriations 
accounts as necessary to maximize accomplishment: Provided 
further, That within funds available for the purpose of 
implementing the Valles Caldera Preservation Act, 
notwithstanding the limitations of section 107(e)(2) of the 
Valles Caldera Preservation Act (Public Law 106-248), for 
fiscal year 2006, the Chair of the Board of Trustees of the 
Valles Caldera Trust may receive, upon request, compensation 
for each day (including travel time) that the Chair is engaged 
in the performance of the functions of the Board, except that 
compensation shall not exceed the daily equivalent of the 
annual rate in effect for members of the Senior Executive 
Service at the ES-1 level, and shall be in addition to any 
reimbursement for travel, subsistence and other necessary 
expenses incurred by the Chair in the performance of the 
Chair's duties.

                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFERS OF FUNDS)

      For necessary expenses for forest fire presuppression 
activities on National Forest System lands, for emergency fire 
suppression on or adjacent to such lands or other lands under 
fire protection agreement, hazardous fuels reduction on or 
adjacent to such lands, and for emergency rehabilitation of 
burned-over National Forest System lands and water, 
$1,779,395,000, to remain available until expended: Provided, 
That such funds including unobligated balances under this 
heading, are available for repayment of advances from other 
appropriations accounts previously transferred for such 
purposes: Provided further, That such funds shall be available 
to reimburse State and other cooperating entities for services 
provided in response to wildfire and other emergencies or 
disasters to the extent such reimbursements by the Forest 
Service for non-fire emergencies are fully repaid by the 
responsible emergency management agency: Provided further, That 
not less than 50 percent of any unobligated balances remaining 
(exclusive of amounts for hazardous fuels reduction) at the end 
of fiscal year 2005 shall be transferred to the fund 
established pursuant to section 3 of Public Law 71-319 (16 
U.S.C. 576 et seq.) if necessary to reimburse the fund for 
unpaid past advances: Provided further, That, notwithstanding 
any other provision of law, $8,000,000 of funds appropriated 
under 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 andRangeland Research 
appropriation, are also available in the utilization of these funds for 
Fire Science Research: Provided further, That funds provided shall be 
available for emergency rehabilitation and restoration, hazardous fuels 
reduction activities in the urban-wildland interface, support to 
Federal emergency response, and wildfire suppression activities of the 
Forest Service: Provided further, That of the funds provided, 
$286,000,000 is for hazardous fuels reduction activities, $6,281,000 is 
for rehabilitation and restoration, $23,219,000 is for research 
activities and to make competitive research grants pursuant to the 
Forest and Rangeland Renewable Resources Research Act, as amended (16 
U.S.C. 1641 et seq.), $46,500,000 is for State fire assistance, 
$7,889,000 is for volunteer fire assistance, $15,000,000 is for forest 
health activities on Federal lands and $10,000,000 is for forest health 
activities on State and private lands: Provided further, That amounts 
in this paragraph may be transferred to the ``State and Private 
Forestry'', ``National Forest System'', and ``Forest and Rangeland 
Research'' accounts to fund State fire assistance, volunteer fire 
assistance, forest health management, forest and rangeland research, 
vegetation and watershed management, heritage site rehabilitation, and 
wildlife and fish habitat management and restoration: Provided further, 
That transfers of any amounts in excess of those authorized in this 
paragraph, shall require approval of the House and Senate Committees on 
Appropriations in compliance with reprogramming procedures contained in 
the report accompanying this Act: Provided further, That funds provided 
under this heading for hazardous fuels treatments may be transferred to 
and made a part of the ``National Forest System'' account at the sole 
discretion of the Chief of the Forest Service thirty days after 
notifying the House and the Senate Committees on Appropriations: 
Provided further, That the costs of implementing any cooperative 
agreement between the Federal Government and any non-Federal entity may 
be shared, as mutually agreed on by the affected parties: Provided 
further, That in addition to funds provided for State Fire Assistance 
programs, and subject to all authorities available to the Forest 
Service under the State and Private Forestry Appropriation, up to 
$15,000,000 may be used on adjacent non-Federal lands for the purpose 
of protecting communities when hazard reduction activities are planned 
on national forest lands that have the potential to place such 
communities at risk: Provided further, That included in funding for 
hazardous fuel reduction is $5,000,000 for implementing the Community 
Forest Restoration Act, Public Law 106-393, title VI, and any portion 
of such funds shall be available for use on non-Federal lands in 
accordance with authorities available to the Forest Service under the 
State and Private Forestry Appropriation: Provided further, That the 
Secretary of the Interior and the Secretary of Agriculture may 
authorize the transfer of funds appropriated for wildland fire 
management, in an aggregate amount not to exceed $9,000,000, between 
the Departments when such transfers would facilitate and expedite 
jointly funded wildland fire management programs and projects: Provided 
further, That of the funds provided for hazardous fuels reduction, not 
to exceed $5,000,000, may be used to make grants, using any authorities 
available to the Forest Service under the State and Private Forestry 
appropriation, for the purpose of creating incentives for increased use 
of biomass from national forest lands: Provided further, That funds 
designated for wildfire suppression shall be assessed for indirect 
costs on the same basis as such assessments are calculated against 
other agency programs.

                  CAPITAL IMPROVEMENT AND MAINTENANCE

    For necessary expenses of the Forest Service, not otherwise 
provided for, $441,178,000, to remain available until expended 
for construction, reconstruction, maintenance and acquisition 
of buildings and other facilities, and for construction, 
reconstruction, repair, decommissioning, and maintenance of 
forest roads and trails by the Forest Service as authorized by 
16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That up 
to $15,000,000 of the funds provided herein for road 
maintenance shall be available for the decommissioning of 
roads, including unauthorized roads not part of the 
transportation system, which are no longer needed: Provided 
further, That no funds shall be expended to decommission any 
system road until notice and an opportunity for public comment 
has been provided on each decommissioning project: Provided 
further, That of funds provided, $3,000,000 is provided for 
needed rehabilitation and restoration work at Jarbidge Canyon, 
Nevada: Provided further, That the Secretary of Agriculture may 
authorize the transfer of up to $1,350,000 as necessary to the 
Department of the Interior, Bureau of Land Management and Fish 
and Wildlife Service when such transfers would facilitate and 
expedite needed rehabilitation work on Bureau of Land 
Management lands, and for the Fish and Wildlife Service to 
implement terms and conditions identified in the Biological 
Opinion.

                            LAND ACQUISITION

    For expenses necessary to carry out the provisions of the 
Land and Water Conservation Fund Act of 1965, as amended (16 
U.S.C. 460l-4 through 11), including administrative expenses, 
and for acquisition of land or waters, or interest therein, in 
accordance with statutory authority applicable to the Forest 
Service, $42,500,000, to be derived from the Land and Water 
Conservation Fund and to remain available until expended: 
Provided further, That, subject to valid existing rights, all 
land and interests in land acquired in the Thunder Mountain 
area of the Payette National Forest (including patented claims 
and land that are encumbered by unpatented claims or previously 
appropriated funds under this section, or otherwise 
relinquished by a private party) are withdrawn from mineral 
entry or appropriation under Federal mining laws, and from 
leasing claims under Federal mineral and geothermal leasing 
laws.

         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

    For acquisition of lands within the exterior boundaries of 
the Cache, Uinta, and Wasatch National Forests, Utah; the 
Toiyabe National Forest, Nevada; and the Angeles, San 
Bernardino, Sequoia, and Cleveland National Forests, 
California, as authorized by law, $1,069,000, to be derived 
from forest receipts.

            ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

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

                         RANGE BETTERMENT FUND

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

    GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

    For expenses authorized by 16 U.S.C. 1643(b), $64,000, to 
remain available until expended, to be derived from the fund 
established pursuant to the above Act.

        MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

    For necessary expenses of the Forest Service to manage 
Federal lands in Alaska for subsistence uses under title VIII 
of the Alaska National Interest Lands Conservation Act (Public 
Law 96-487), $5,067,000, to remain available until expended.

               ADMINISTRATIVE PROVISIONS, FOREST SERVICE

    Appropriations to the Forest Service for the current fiscal 
year shall be available for: (1) purchase of passenger motor 
vehicles; acquisition of passenger motor vehicles from excess 
sources, and hire of such vehicles; purchase, lease, operation, 
maintenance, and acquisition of aircraft from excess sources to 
maintain the operable fleet for use in Forest Service wildland 
fire programs and other Forest Service programs; 
notwithstanding other provisions of law, existing aircraft 
being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement 
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to 
exceed $100,000 for employment under 5 U.S.C. 3109; (3) 
purchase, erection, and alteration of buildings and other 
public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) 
for expenses pursuant to the Volunteers in the National Forest 
Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for 
debt collection contracts in accordance with 31 U.S.C. 3718(c).
    None of the funds made available under this Act shall be 
obligated or expended to abolish any region, to move or close 
any regional office for National Forest System administration 
of the Forest Service, Department of Agriculture without the 
consent of the House and Senate Committees on Appropriations.
    Any appropriations or funds available to the Forest Service 
may be transferred to the Wildland Fire Management 
appropriation for forest firefighting, emergency rehabilitation 
of burned-over or damaged lands or waters under its 
jurisdiction, and fire preparedness due to severe burning 
conditions upon notification of the House and Senate Committees 
on Appropriations and if and only if all previously 
appropriated emergency contingent funds under the heading 
``Wildland Fire Management'' have been released by the 
President and apportioned and all wildfire suppression funds 
under the heading ``Wildland Fire Management'' are obligated.
    The first transfer of funds into the Wildland Fire 
Management account shall include unobligated funds, if 
available, from the Land Acquisition account and the Forest 
Legacy program within the State and Private Forestry account.
    Funds appropriated to the Forest Service shall be available 
for assistance to or through the Agency for International 
Development and the Foreign Agricultural Service in connection 
with forest and rangeland research, technical information, and 
assistance in foreign countries, and shall be available to 
support forestry and related natural resource activities 
outside the United States and its territories and possessions, 
including technical assistance, education and training, and 
cooperation with United States and international organizations.
    None of the funds made available to the Forest Service 
under this Act shall be subject to transfer under the 
provisions of section 702(b) of the Department of Agriculture 
Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b, except 
that in fiscal year 2006 the Forest Service may transfer funds 
to the ``National Forest System'' account from other agency 
accounts to enable the agency's law enforcement program to pay 
full operating costs including overhead.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and 
Senate Committees on Appropriations in accordance with the 
reprogramming procedures contained in the report accompanying 
this Act.
    Not more than $72,646,000 of funds available to the Forest 
Service shall be transferred to the Working Capital Fund of the 
Department of Agriculture. Nothing in this paragraph shall 
prohibit or limit the use of reimbursable agreements requested 
by the Forest Service in order to obtain services from the 
Department of Agriculture's National Information Technology 
Center.
    Funds available to the Forest Service shall be available to 
conduct a program of not less than $2,500,000 for high priority 
projects within the scope of the approved budget which shall be 
carried out by the Youth Conservation Corps.
    Of the funds available to the Forest Service, $4,000 is 
available to the Chief of the Forest Service for official 
reception and representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, $3,000,000 
may be advanced in a lump sum to the National Forest Foundation 
to aid conservation partnership projects in support of the 
Forest Service mission, without regard to when the Foundation 
incurs expenses, for administrative expenses or projects on or 
benefitting National Forest System lands or related to Forest 
Service programs: Provided, That of the Federal funds made 
available to the Foundation, no more than $300,000 shall be 
available for administrative expenses: Provided further, That 
the Foundation shall obtain, by the end of the period of 
Federal financial assistance, private contributions to match on 
at least one-for-one basis funds made available by the Forest 
Service: Provided further, That the Foundation may transfer 
Federal funds to a non-Federal recipient for a project at the 
same rate that the recipient has obtained the non-Federal 
matching funds: Provided further, That authorized investments 
of Federal funds held by the Foundation may be made only in 
interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the 
United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, 
$2,650,000 of the funds available to the Forest Service shall 
be advanced to the National Fish and Wildlife Foundation in a 
lump sum to aid cost-share conservation projects, without 
regard to when expenses are incurred, on or benefitting 
National Forest System lands or related to Forest Service 
programs: Provided, That such funds shall be matched on at 
least a one-for-one basis by the Foundation or its 
subrecipients.
    Funds appropriated to the Forest Service shall be available 
for interactions with and providing technical assistance to 
rural communities for sustainable rural development purposes.
    Funds appropriated to the Forest Service shall be available 
for payments to counties within the Columbia River Gorge 
National Scenic Area, pursuant to sections 14(c)(1) and (2), 
and section 16(a)(2) of Public Law 99-663.
      Notwithstanding any other provision of law, any 
appropriations or funds available to the Forest Service not to 
exceed $500,000 may be used to reimburse the Office of the 
General Counsel (OGC), Department of Agriculture, for travel 
and related expenses incurred as a result of OGC assistance or 
participation requested by the Forest Service at meetings, 
training sessions, management reviews, land purchase 
negotiations and similar non-litigation related matters. Future 
budget justifications for both the Forest Service and the 
Department of Agriculture should clearly display the sums 
previously transferred and the requested funding transfers.
      Any appropriations or funds available to the Forest 
Service may be used for necessary expenses in the event of law 
enforcement emergencies as necessary to protect natural 
resources and public or employee safety: Provided, That such 
amounts shall not exceed $500,000.
      An eligible individual who is employed in any project 
funded under title V of the Older American Act of 1965 (42 
U.S.C. 3056 et seq.) and administered by the Forest Service 
shall be considered to be a Federal employee for purposes of 
chapter 171 of title 28, United States Code.
      Any funds appropriated to the Forest Service may be used 
to meet the non-Federal share requirement in section 502(c) of 
the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
      For each fiscal year through 2009, funds available to the 
Forest Service in this Act may be used for the purpose of 
expenses associated with primary and secondary schooling for 
dependents of agency personnel stationed in Puerto Rico prior 
to the date of enactment of this Act, who are subject to 
transfer and reassignment to other locations in the United 
States, at a cost not in excess of those authorized for the 
Department of Defense for the same area, when it is determined 
by the Chief of the Forest Service that public schools 
available in the locality are unable to provide adequately for 
the education of such dependents.
      Funds available to the Forest Service, not to exceed 
$35,000,000, shall be assessed for the purpose of performing 
facilities maintenance. Such assessments shall occur using a 
square foot rate charged on the same basis the agency uses to 
assess programs for payment of rent, utilities, and other 
support services.
      In support of management of the National Wildlife Refuge 
System, Lot 6C of United States Survey 2538-A, containing 2.39 
acres and the residential triplex situated thereon, located in 
Kodiak, Alaska, is hereby transferred from the USDA Forest 
Service to the U.S. Fish and Wildlife Service.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         INDIAN HEALTH SERVICES

      For expenses necessary to carry out the Act of August 5, 
1954 (68 Stat. 674), the Indian Self-Determination Act, the 
Indian Health Care Improvement Act, and titles II and III of 
the Public Health Service Act with respect to the Indian Health 
Service, $2,732,298,000, together with payments received during 
the fiscal year pursuant to 42 U.S.C. 238(b) for services 
furnished by the Indian Health Service: Provided, That funds 
made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or 
compacts authorized by the Indian Self-Determination and 
Education Assistance Act of 1975 (25 U.S.C. 450), shall be 
deemed to be obligated at the time of the grant or contract 
award and thereafter shall remain available to the tribe or 
tribal organization without fiscal year limitation: Provided 
further, That up to $18,000,000 shall remain available until 
expended, for the Indian Catastrophic Health Emergency Fund: 
Provided further, That $507,021,000 for contract medical care 
shall remain available for obligation until September 30, 2007: 
Provided further, That of the funds provided, up to 
$27,000,000, to remain available until expended, shall be used 
to carry out the loan repayment program under section 108 of 
the Indian Health Care Improvement Act: Provided further, That 
funds provided in this Act may be used for one-year contracts 
and grants which are to be performed in two fiscal years, so 
long as the total obligation is recorded in the year for which 
the funds are appropriated: Provided further, That the amounts 
collected by the Secretary of Health and Human Services under 
the authority of title IV of the Indian Health Care Improvement 
Act shall remain available until expended for the purpose of 
achieving compliance with the applicable conditions and 
requirements of titles XVIII and XIX of the Social Security Act 
(exclusive of planning, design, or construction of new 
facilities): Provided further, That funding contained herein, 
and in any earlier appropriations Acts for scholarship programs 
under the Indian Health Care Improvement Act (25 U.S.C. 1613) 
shall remain available until expended: 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 $268,683,000 shall be for 
payments to tribes and tribal organizations for contract or 
grant support costs associated with contracts, grants, self-
governance compacts or annual funding agreements between the 
Indian Health Service and a tribe or tribal organization 
pursuant to the Indian Self-Determination Act of 1975, as 
amended, prior to or during fiscal year 2006, of which not to 
exceed $5,000,000 may be used for contract support costs 
associated with new or expanded self-determination contracts, 
grants, self-governance compacts or annual funding agreements: 
Provided further, That the Bureau of Indian Affairs may collect 
from the Indian Health Service and tribes and tribal 
organizations operating health facilities pursuant to Public 
Law 93-638 such individually identifiable health information 
relating to disabled children as may be necessary for the 
purpose of carrying out its functions under the Individuals 
with Disabilities Education Act, 20 U.S.C. 1400, et seq.: 
Provided further, That of the amounts provided to the Indian 
Health Service, $15,000,000 is provided for alcohol control, 
enforcement, prevention, treatment, sobriety and wellness, and 
education in Alaska, to be distributed in accordance with the 
instruction provided in Senate Report 109-80: Provided further, 
That none of the funds may be used for tribalcourts or tribal 
ordinance programs or any program that is not directly related to 
alcohol control, enforcement, prevention, treatment, or sobriety: 
Provided further, That no more than 15 percent may be used by any 
entity receiving funding for administrative overhead including indirect 
costs.

                        INDIAN HEALTH FACILITIES

      For construction, repair, maintenance, improvement, and 
equipment of health and related auxiliary facilities, including 
quarters for personnel; preparation of plans, specifications, 
and drawings; acquisition of sites, purchase and erection of 
modular buildings, and purchases of trailers; and for provision 
of domestic and community sanitation facilities for Indians, as 
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 
2004a), the Indian Self-Determination Act, and the Indian 
Health Care Improvement Act, and for expenses necessary to 
carry out such Acts and titles II and III of the Public Health 
Service Act with respect to environmental health and facilities 
support activities of the Indian Health Service, $358,485,000, 
to remain available until expended: Provided, That 
notwithstanding any other provision of law, funds appropriated 
for the planning, design, construction or renovation of health 
facilities for the benefit of an Indian tribe or tribes may be 
used to purchase land for sites to construct, improve, or 
enlarge health or related facilities: Provided further, That 
not to exceed $500,000 shall be used by the Indian Health 
Service to purchase TRANSAM equipment from the Department of 
Defense for distribution to the Indian Health Service and 
tribal facilities: Provided further, That none of the funds 
appropriated to the Indian Health Service may be used for 
sanitation facilities construction for new homes funded with 
grants by the housing programs of the United States Department 
of Housing and Urban Development: Provided further, That not to 
exceed $1,000,000 from this account and the ``Indian Health 
Services'' account shall be used by the Indian Health Service 
to obtain ambulances for the Indian Health Service and tribal 
facilities in conjunction with an existing interagency 
agreement between the Indian Health Service and the General 
Services Administration: Provided further, That notwithstanding 
any other provision of law, the Indian Health Service is 
authorized to construct a replacement health care facility in 
Nome, Alaska, on land owned by the Norton Sound Health 
Corporation: Provided further, That not to exceed $500,000 
shall be placed in a Demolition Fund, available until expended, 
to be used by the Indian Health Service for demolition of 
Federal buildings.

            ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

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

                     National Institutes of Health

          NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

      For necessary expenses for the National Institute of 
Environmental Health Sciences in carrying out activities set 
forth in section 311(a) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended, 
and section 126(g) of the Superfund Amendments and 
Reauthorization Act of 1986, $80,289,000.

            Agency for Toxic Substances and Disease Registry

            TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

    For necessary expenses for the Agency for Toxic Substances 
and Disease Registry (ATSDR) in carrying out activities set 
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), as amended; section 118(f) of 
the Superfund Amendments and Reauthorization Act of 1986 
(SARA), as amended; and section 3019 of the Solid Waste 
Disposal Act, as amended, $76,024,000, of which up to 
$1,500,000, to remain available until expended, is for 
Individual Learning Accounts for full-time equivalent employees 
of the Agency for Toxic Substances and Disease Registry: 
Provided, That notwithstanding any other provision of law, in 
lieu of performing a health assessment under section 104(i)(6) 
of CERCLA, the Administrator of ATSDR may conduct other 
appropriate health studies, evaluations, or activities, 
including, without limitation, biomedical testing, clinical 
evaluations, medical monitoring, and referral to accredited 
health care providers: Provided further, That in performing any 
such health assessment or health study, evaluation, or 
activity, the Administrator of ATSDR shall not be bound by the 
deadlines in section 104(i)(6)(A) of CERCLA: Provided further, 
That none of the funds appropriated under this heading shall be 
available for ATSDR to issue in excess of 40 toxicological 
profiles pursuant to section 104(i) of CERCLA during fiscal 
year 2006, and existing profiles may be updated as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

    For necessary expenses to continue functions assigned to 
the Council on Environmental Quality and Office of 
Environmental Quality pursuant to the National Environmental 
Policy Act of 1969, the Environmental Quality Improvement Act 
of 1970, and Reorganization Plan No. 1 of 1977, and not to 
exceed $750 for official reception and representation expenses, 
$2,717,000: Provided, That notwithstanding section 202 of the 
National Environmental Policy Act of 1970, the Council shall 
consist of one member, appointed by the President, by and with 
the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

             Chemical Safety and Hazard Investigation Board

                         SALARIES AND EXPENSES

    For necessary expenses in carrying out activities pursuant 
to section 112(r)(6) of the Clean Air Act, as amended, 
including hire of passenger vehicles, uniforms or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902, and for services 
authorized by 5 U.S.C. 3109 but at rates for individuals not to 
exceed the per diem equivalent to the maximum rate payable for 
senior level positions under 5 U.S.C. 5376, $9,200,000: 
Provided, That the Chemical Safety and Hazard Investigation 
Board (Board) shall have not more than three career Senior 
Executive Service positions: Provided further, That 
notwithstanding any other provision of law, the individual 
appointed to the position of Inspector General of the 
Environmental Protection Agency (EPA) shall, by virtue of such 
appointment, also hold the position of Inspector General of the 
Board: Provided further, That notwithstanding any other 
provision of law, the Inspector General of the Board shall 
utilize personnel of the Office of Inspector General of EPA in 
performing the duties of the Inspector General of the Board, 
and shall not appoint any individuals to positions within the 
Board.

              Office of Navajo and Hopi Indian Relocation

                         SALARIES AND EXPENSES

    For necessary expenses of the Office of Navajo and Hopi 
Indian Relocation as authorized by Public Law 93-531, 
$8,601,000, to remain available until expended: Provided, That 
funds provided in this or any other appropriations Act are to 
be used to relocate eligible individuals and groups including 
evictees from District 6, Hopi-partitioned lands residents, 
those in significantly substandard housing, and all others 
certified as eligible and not included in the preceding 
categories: Provided further, That none of the funds contained 
in this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo 
family who, as of November 30, 1985, was physically domiciled 
on the lands partitioned to the Hopi Tribe unless a new or 
replacement home is provided for such household: Provided 
further, That no relocatee will be provided with more than one 
new or replacement home: Provided further, That the Office 
shall relocate any certified eligible relocatees who have 
selected and received an approved homesite on the Navajo 
reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to 25 U.S.C. 640d-
10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        PAYMENT TO THE INSTITUTE

    For payment to the Institute of American Indian and Alaska 
Native Culture and Arts Development, as authorized by title XV 
of Public Law 99-498, as amended (20 U.S.C. 56 part A), 
$6,300,000.

                        Smithsonian Institution

                         SALARIES AND EXPENSES

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, 
science, and history; development, preservation, and 
documentation of the National Collections; presentation of 
public exhibits and performances; collection, preparation, 
dissemination, and exchange of information and publications; 
conduct of education, training, and museum assistance programs; 
maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized 
by 5 U.S.C. 3109; up to five replacement passenger vehicles; 
purchase, rental, repair, and cleaning of uniforms for 
employees, $524,281,000, of which not to exceed $10,992,000 for 
the instrumentation program, collections acquisition, 
exhibition reinstallation, the National Museum of African 
American History and Culture, and the repatriation of skeletal 
remains program shall remain available until expended; and of 
which $9,086,000 for the reopening of the Patent Office 
Building and for fellowships and scholarly awards shall remain 
available until September 30, 2007; and including such funds as 
may be necessary to support American overseas research centers 
and a total of $125,000 for the Council of American Overseas 
Research Centers: Provided, That funds appropriated herein are 
available for advance payments to independent contractors 
performing research services or participating in official 
Smithsonian presentations: Provided further, That the 
Smithsonian Institution may expend Federal appropriations 
designated in this Act for lease or rent payments for long term 
and swing space, as rent payable to the Smithsonian 
Institution, and such rent payments may be deposited into the 
general trust funds of the Institution to the extent that 
federally supported activities are housed in the 900 H Street, 
N.W. building in the District of Columbia: Provided further, 
That this use of Federal appropriations shall not be construed 
as debt service, a Federal guarantee of, a transfer of risk to, 
or an obligation of, the Federal Government: Provided further, 
That no appropriated funds may be used to service debt which is 
incurred to finance the costs of acquiring the 900 H Street 
building or of planning, designing, and constructing 
improvements to such building.

                           FACILITIES CAPITAL

    For necessary expenses of repair, revitalization, and 
alteration of facilities owned or occupied by the Smithsonian 
Institution, by contract or otherwise, as authorized by section 
2 of the Act of August 22, 1949 (63 Stat. 623), and for 
construction, including necessary personnel, $100,000,000, to 
remain available until expended, of which not to exceed $10,000 
is for services as authorized by 5 U.S.C. 3109: Provided, That 
contracts awarded for environmental systems, protection 
systems, and repair or restoration of facilities of the 
Smithsonian Institution may be negotiated with selected 
contractors and awarded on the basis of contractor 
qualifications as well as price.

           ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

    None of the funds in this or any other Act may be used to 
make any changes to the existing Smithsonian science programs 
including closure of facilities, relocation of staff or 
redirection of functions and programs without the advance 
approval of the House and Senate Committees on Appropriations.
    None of the funds in this or any other Act may be used to 
initiate the design for any proposed expansion of current space 
or new facility without consultation with the House and Senate 
Appropriations Committees.
    None of the funds in this or any other Act may be used for 
the Holt House located at the National Zoological Park in 
Washington, D.C., unless identified as repairs to minimize 
water damage, monitor structure movement, or provide interim 
structural support.
    None of the funds available to the Smithsonian may be 
reprogrammed without the advance approval of the House and 
Senate Committees on Appropriations in accordance with the 
reprogramming procedures contained in the statement of the 
managers accompanying this Act.
    None of the funds in this or any other Act may be used to 
purchase any additional buildings without prior consultation 
with the House and Senate Committees on Appropriations.

                        National Gallery of Art

                         SALARIES AND EXPENSES

    For the upkeep and operations of the National Gallery of 
Art, the protection and care of the works of art therein, and 
administrative expenses incident thereto, as authorized by the 
Act of March 24, 1937 (50 Stat. 51), as amended by the public 
resolution of April 13, 1939 (Public Resolution 9, Seventy-
sixth Congress), including services as authorized by 5 U.S.C. 
3109; payment in advance when authorized by the treasurer of 
the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are 
available to members only, or to members at a price lower than 
to the general public; purchase, repair, and cleaning of 
uniforms for guards, and uniforms, or allowances therefor, for 
other employees as authorized by law (5 U.S.C. 5901-5902); 
purchase or rental of devices and services for protecting 
buildings and contents thereof, and maintenance, alteration, 
improvement, and repair of buildings, approaches, and grounds; 
and purchase of services for restoration and repair of works of 
art for the National Gallery of Art by contracts made, without 
advertising, with individuals, firms, or organizations at such 
rates or prices and under such terms and conditions as the 
Gallery may deem proper, $96,600,000, of which not to exceed 
$3,157,000 for the special exhibition program shall remain 
available until expended.

            REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

    For necessary expenses of repair, restoration and 
renovation of buildings, grounds and facilities owned or 
occupied by the National Gallery of Art, by contract or 
otherwise, as authorized, $16,200,000, to remain available 
until expended: Provided, That contracts awarded for 
environmental systems, protection systems, and exterior repair 
or renovation of buildings of the National Gallery of Artmay be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price: Provided further, That, 
notwithstanding any other provision of law, a single procurement for 
the Master Facilities Plan renovation project at the National Gallery 
of Art may be issued which includes the full scope of the Work Area #3 
project: Provided further, That the solicitation and the contract shall 
contain the clause ``availability of funds'' found at 48 CFR 52.232.18.

             John F. Kennedy Center for the Performing Arts

                       OPERATIONS AND MAINTENANCE

      For necessary expenses for the operation, maintenance and 
security of the John F. Kennedy Center for the Performing Arts, 
$17,800,000.

                              CONSTRUCTION

      For necessary expenses for capital repair and restoration 
of the existing features of the building and site of the John 
F. Kennedy Center for the Performing Arts, $13,000,000, to 
remain available until expended.

            Woodrow Wilson International Center for Scholars

                         SALARIES AND EXPENSES

      For expenses necessary in carrying out the provisions of 
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
including hire of passenger vehicles and services as authorized 
by 5 U.S.C. 3109, $9,201,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       GRANTS AND ADMINISTRATION

      For necessary expenses to carry out the National 
Foundation on the Arts and the Humanities Act of 1965, as 
amended, $126,264,000 shall be available to the National 
Endowment for the Arts for the support of projects and 
productions in the arts through assistance to organizations and 
individuals pursuant to sections 5(c) and 5(g) of the Act, 
including $17,922,000 for support of arts education and public 
outreach activities through the Challenge America program, for 
program support, and for administering the functions of the 
Act, to remain available until expended: Provided, That funds 
previously appropriated to the National Endowment for the Arts 
``Matching Grants'' account and ``Challenge America'' account 
may be transferred to and merged with this account: Provided 
further, That funds appropriated herein shall be expended in 
accordance with sections 309 and 311 of Public Law 108-108.

                 National Endowment for the Humanities

                       GRANTS AND ADMINISTRATION

      For necessary expenses to carry out the National 
Foundation on the Arts and the Humanities Act of 1965, as 
amended, $127,605,000, shall be available to the National 
Endowment for the Humanities for support of activities in the 
humanities, pursuant to section 7(c) of the Act, and for 
administering the functions of the Act, to remain available 
until expended.

                            MATCHING GRANTS

      To carry out the provisions of section 10(a)(2) of the 
National Foundation on the Arts and the Humanities Act of 1965, 
as amended, $15,449,000, to remain available until expended, of 
which $10,000,000 shall be available to the National Endowment 
for the Humanities for the purposes of section 7(h): Provided, 
That this appropriation shall be available for obligation only 
in such amounts as may be equal to the total amounts of gifts, 
bequests, and devises of money, and other property accepted by 
the chairman or by grantees of the Endowment under the 
provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 
the current and preceding fiscal years for which equal amounts 
have not previously been appropriated.

                       Administrative Provisions

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

                        Commission of Fine Arts

                         SALARIES AND EXPENSES

      For expenses made necessary by the Act establishing a 
Commission of Fine Arts (40 U.S.C. 104), $1,893,000: Provided, 
That the Commission is authorized to charge fees to cover the 
full costs of its publications, and such fees shall be credited 
to this account as an offsetting collection, to remain 
available until expended without further appropriation.

               NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

      For necessary expenses as authorized by Public Law 99-190 
(20 U.S.C. 956a), as amended, $7,250,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

      For necessary expenses of the Advisory Council on 
Historic Preservation (Public Law 89-665, as amended), 
$4,860,000: Provided, That none of these funds shall be 
available for compensation of level V of the Executive Schedule 
or higher positions.

                  National Capital Planning Commission

                         SALARIES AND EXPENSES

      For necessary expenses, as authorized by the National 
Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
services as authorized by 5 U.S.C. 3109, $8,244,000: Provided, 
That one-quarter of 1 percent of the funds provided under this 
heading may be used for official reception and representational 
expenses associated with hosting international visitors engaged 
in the planning and physical development of world capitals.

                United States Holocaust Memorial Museum

                       HOLOCAUST MEMORIAL MUSEUM

      For expenses of the Holocaust Memorial Museum, as 
authorized by Public Law 106-292 (36 U.S.C. 2301-2310), 
$42,780,000, of which $1,874,000 for the museum's repair and 
rehabilitation program and $1,246,000 for the museum's 
exhibition design and production program shall remain available 
until expended.

                             Presidio Trust

                          PRESIDIO TRUST FUND

      For necessary expenses to carry out title I of the 
Omnibus Parks and Public Lands Management Act of 1996, 
$20,000,000 shall be available to the Presidio Trust, to remain 
available until expended.

      White House Commission on the National Moment of Remembrance

                         SALARIES AND EXPENSES

      For necessary expenses of the White House Commission on 
the National Moment of Remembrance, $250,000.

                      TITLE IV--GENERAL PROVISIONS

      Sec. 401. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive Order 
issued pursuant to existing law.
      Sec. 402. No part of any appropriation contained in this 
Act shall be available for any activity or the publication or 
distribution of literature that in any way tends to promote 
public support or opposition to any legislative proposal on 
which Congressional action is not complete other than to 
communicate to Members of Congress as described in 18 U.S.C. 
1913.
      Sec. 403. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
      Sec. 404. None of the funds provided in this Act to any 
department or agency shall be obligated or expended to provide 
a personal cook, chauffeur, or other personal servants to any 
officer or employee of such department or agency except as 
otherwise provided by law.
      Sec. 405. Estimated overhead charges, deductions, 
reserves or holdbacks from programs, projects, activities and 
subactivities to support government-wide, departmental, agency 
or bureau administrative functions or headquarters, regional or 
central operations shall be presented in annual budget 
justifications and subject to approval by the Committees on 
Appropriations. Changes to such estimates shall be presented to 
the Committees on Appropriations for approval.
      Sec. 406. None of the funds made available in this Act 
may be transferred to any department, agency, or 
instrumentality of the United States Government except pursuant 
to a transfer made by, or transfer provided in, this Act or any 
other Act.
      Sec. 407. None of the funds in this Act may be used to 
plan, prepare, or offer for sale timber from trees classified 
as giant sequoia (Sequoiadendron giganteum) which are located 
on National Forest System or Bureau of Land Management lands in 
a manner different than such sales were conducted in fiscal 
year 2005.
      Sec. 408. (a) Limitation of Funds.--None of the funds 
appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended to accept or process 
applications for a patent for any mining or mill site claim 
located under the general mining laws.
      (b) Exceptions.--The provisions of subsection (a) shall 
not apply if the Secretary of the Interior determinesthat, for 
the claim concerned: (1) a patent application was filed with the 
Secretary on or before September 30, 1994; and (2) all requirements 
established under sections 2325 and 2326 of the Revised Statutes (30 
U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 
2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for 
placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) 
for mill site claims, as the case may be, were fully complied with by 
the applicant by that date.
    (c) Report.--On September 30, 2006, the Secretary of the 
Interior shall file with the House and Senate Committees on 
Appropriations and the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate a report on actions taken by the 
Department under the plan submitted pursuant to section 314(c) 
of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent 
applications in a timely and responsible manner, upon the 
request of a patent applicant, the Secretary of the Interior 
shall allow the applicant to fund a qualified third-party 
contractor to be selected by the Bureau of Land Management to 
conduct a mineral examination of the mining claims or mill 
sites contained in a patent application as set forth in 
subsection (b). The Bureau of Land Management shall have the 
sole responsibility to choose and pay the third-party 
contractor in accordance with the standard procedures employed 
by the Bureau of Land Management in the retention of third-
party contractors.
    Sec. 409. Notwithstanding any other provision of law, 
amounts appropriated to or earmarked in committee reports for 
the Bureau of Indian Affairs and the Indian Health Service by 
Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, 106-113, 106-291, 107-63, 108-7, 108-108, and 108-447 for 
payments to tribes and tribal organizations for contract 
support costs associated with self-determination or self-
governance contracts, grants, compacts, or annual funding 
agreements with the Bureau of Indian Affairs or the Indian 
Health Service as funded by such Acts, are the total amounts 
available for fiscal years 1994 through 2005 for such purposes, 
except that, for the Bureau of Indian Affairs, tribes and 
tribal organizations may use their tribal priority allocations 
for unmet contract support costs of ongoing contracts, grants, 
self-governance compacts or annual funding agreements.
    Sec. 410. The National Endowment for the Arts and the 
National Endowment for the Humanities are hereafter authorized 
to solicit, accept, receive, and invest in the name of the 
United States, gifts, bequests, or devises of money and other 
property or services and to use such in furtherance of the 
functions of the National Endowment for the Arts and the 
National Endowment for the Humanities. Any proceeds from such 
gifts, bequests, or devises, after acceptance by the National 
Endowment for the Arts or the National Endowment for the 
Humanities, shall be paid by the donor or the representative of 
the donor to the Chairman. The Chairman shall enter the 
proceeds in a special interest-bearing account to the credit of 
the appropriate endowment for the purposes specified in each 
case.
    Sec. 411. No part of any appropriation contained in this 
Act shall be expended or obligated to complete and issue the 5-
year program under the Forest and Rangeland Renewable Resources 
Planning Act.
    Sec. 412. Section 3(a) of the Act of June 9, 1930 (commonly 
known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is 
amended--
            (1) by striking ``or'' following ``stand of 
        timber,'' in (3); and
            (2) by striking the period following ``wildlife 
        habitat management'' in (4), and inserting ``, or (5) 
        watershed restoration, wildlife habitat improvement, 
        control of insects, disease and noxious weeds, 
        community protection activities, and the maintenance of 
        forest roads, within the Forest Service region in which 
        the timber sale occurred: Provided, That such 
        activities may be performed through the use of 
        contracts, forest product sales, and cooperative 
        agreements.''.
    Sec. 413. Amounts deposited during fiscal year 2005 in the 
roads and trails fund provided for in the 14th paragraph under 
the heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37 
Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of 
Agriculture, without regard to the State in which the amounts 
were derived, to repair or reconstruct roads, bridges, and 
trails on National Forest System lands or to carry out and 
administer projects to improve forest health conditions, which 
may include the repair or reconstruction of roads, bridges, and 
trails on National Forest System lands in the wildland-
community interface where there is an abnormally high risk of 
fire. The projects shall emphasize reducing risks to human 
safety and public health and property and enhancing ecological 
functions, long-term forest productivity, and biological 
integrity. The projects may be completed in a subsequent fiscal 
year. Funds shall not be expended under this section to replace 
funds which would otherwise appropriately be expended from the 
timber salvage sale fund. Nothing in this section shall be 
construed to exempt any project from any environmental law.
    Sec. 414. Other than in emergency situations, none of the 
funds in this Act may be used to operate telephone answering 
machines during core business hours unless such answering 
machines include an option that enables callers to reach 
promptly an individual on-duty with the agency being contacted.
    Sec. 415. Prior to October 1, 2006, the Secretary of 
Agriculture shall not be considered to be in violation of 
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely 
because more than 15 years have passed without revision of the 
plan for a unit of the National Forest System. Nothing in this 
section exempts the Secretary from any other requirement of the 
Forest and Rangeland Renewable Resources Planning Act (16 
U.S.C. 1600 et seq.) or any other law: Provided, That if the 
Secretary is not acting expeditiously and in good faith, within 
the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with respect 
to such plan and a court of proper jurisdiction may order 
completion of the plan on an accelerated basis.
    Sec. 416. No timber sale in Region 10 shall be advertised 
if the indicated rate is deficit when appraised using a 
residual value approach that assigns domestic Alaska values for 
western redcedar. Program accomplishments shall be based on 
volume sold. Should Region 10 sell, in the current fiscal year, 
the annual average portion of the decadal allowable sale 
quantity called for in the current Tongass Land Management Plan 
in sales which are not deficit when appraised using a residual 
value approach that assigns domestic Alaska values for western 
redcedar, all of the western redcedar timber from those sales 
which is surplus to the needs of domestic processors in Alaska, 
shall be made available to domestic processors in the 
contiguous 48 United States at prevailing domestic prices. 
Should Region 10 sell, in the current fiscal year, less than 
the annual average portion of the decadal allowable sale 
quantity called for in the Tongass Land Management Plan in 
sales which are not deficit when appraised using a residual 
value approach that assigns domestic Alaska values for western 
redcedar, the volume of western redcedar timber available to 
domestic processors at prevailing domestic prices in the 
contiguous 48 United States shall be that volume: (1) which is 
surplus to the needs of domestic processors in Alaska; and (2) 
is that percent of the surplus western redcedar volume 
determined by calculating the ratio of the total timber volume 
which has been sold on the Tongass to the annual average 
portion of the decadal allowable sale quantity called for in 
the current Tongass Land Management Plan. The percentage shall 
be calculated by Region 10 on a rolling basis as each sale is 
sold (for purposes of this amendment, a ``rolling basis'' shall 
mean that the determination of how much western redcedar is 
eligible for sale to various markets shall be made at the time 
each sale is awarded). Western redcedar shall be deemed 
``surplus to the needs of domestic processors in Alaska'' when 
the timber sale holder has presented to the Forest Service 
documentation of the inability to sell western redcedar logs 
from a given sale to domestic Alaska processors at a price 
equal to or greater than the log selling value stated in the 
contract. All additional western redcedar volume not sold to 
Alaska or contiguous 48 United States domestic processors may 
be exported to foreign markets at the election of the timber 
sale holder. All Alaska yellow cedar may be sold at prevailing 
export prices at the election of the timber sale holder.
    Sec. 417. No funds provided in this Act may be expended to 
conduct preleasing, leasing and related activities under either 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 
boundaries of a National Monument established pursuant to the 
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 
existed on January 20, 2001, except where such activities are 
allowed under the Presidential proclamation establishing such 
monument.
    Sec. 418. In entering into agreements with foreign 
countries pursuant to the Wildfire Suppression Assistance Act 
(42 U.S.C. 1856m) the Secretary of Agriculture and the 
Secretary of the Interior are authorized to enter into 
reciprocal agreements in which the individuals furnished under 
said agreements to provide wildfire services are considered, 
for purposes of tort liability, employees of the country 
receiving said services when the individuals are engaged in 
fire suppression: Provided, That the Secretary of Agriculture 
or the Secretary of the Interior shall not enter into any 
agreement under this provision unless the foreign country 
(either directly or through its fire organization) agrees to 
assume any and all liability for the acts or omissions of 
American firefighters engaged in firefighting in a foreign 
country: Provided further, That when an agreement is reached 
for furnishing fire fighting services, the only remedies for 
acts or omissions committed while fighting fires shall be those 
provided under the laws of the host country, and those remedies 
shall be the exclusive remedies for any claim arising out of 
fighting fires in a foreign country: Provided further, That 
neither the sending country nor any legal organization 
associated with the firefighter shall be subject to any legal 
action whatsoever pertaining to or arising out of the 
firefighter's role in fire suppression.
    Sec. 419. Notwithstanding any other provision of law or 
regulation, to promote the more efficient use of the health 
care funding allocation for fiscal year 2006, the Eagle Butte 
Service Unit of the Indian Health Service, at the request of 
the Cheyenne River Sioux Tribe, may pay base salary rates to 
health professionals up to the highest grade and step available 
to a physician, pharmacist, or other health professional and 
may pay a recruitment or retention bonus of up to 25 percent 
above the base pay rate.
    Sec. 420. In awarding a Federal contract with funds made 
available by this Act, notwithstanding Federal Government 
procurement and contracting laws, the Secretary of Agriculture 
and the Secretary of the Interior (the ``Secretaries'') may, in 
evaluating bids and proposals, give consideration to local 
contractors who are from, and who provide employment and 
training for, dislocated and displaced workers in an 
economically disadvantaged rural community, including those 
historically timber-dependent areas that have been affected by 
reduced timber harvesting on Federal lands and other forest-
dependent rural communities isolated from significant 
alternative employment opportunities: Provided, That 
notwithstanding Federal Government procurement and contracting 
laws the Secretaries may award contracts, grants or cooperative 
agreements to local non-profit entities, Youth Conservation 
Corps or related partnerships with State, local or non-profit 
youth groups, or small or micro-business or disadvantaged 
business: Provided further, That the contract, grant, or 
cooperative agreement is for forest hazardous fuels reduction, 
watershed or water quality monitoring or restoration, wildlife 
or fish population monitoring, or habitat restoration or 
management: Provided further, That the terms ``rural 
community'' and ``economically disadvantaged'' shall have the 
same meanings as in section 2374 of Public Law 101-624: 
Provided further, That the Secretaries shall develop guidance 
to implement this section: Provided further, That nothing in 
this section shall be construed as relieving the Secretaries of 
any duty under applicable procurement laws, except as provided 
in this section.
    Sec. 421. No funds appropriated in this Act for the 
acquisition of lands or interests in lands may be expended for 
the filing of declarations of taking or complaints in 
condemnation without the approval of the House and Senate 
Committees on Appropriations: Provided, That thisprovision 
shall not apply to funds appropriated to implement the Everglades 
National Park Protection and Expansion Act of 1989, or to funds 
appropriated for Federal assistance to the State of Florida to acquire 
lands for Everglades restoration purposes.
    Sec. 422. (a) Limitation on Competitive Sourcing Studies.--
            (1) Of the funds made available by this or any 
        other Act to the Department of the Interior for fiscal 
        year 2006, not more than $3,450,000 may be used by the 
        Secretary of the Interior to initiate or continue 
        competitive sourcing studies in fiscal year 2006 for 
        programs, projects, and activities for which funds are 
        appropriated by this Act until such time as the 
        Secretary concerned submits a reprogramming proposal to 
        the Committees on Appropriations of the Senate and the 
        House of Representatives, and such proposal has been 
        processed consistent with the reprogramming guidelines 
        included in the report accompanying this Act.
            (2) Of the funds appropriated by this Act, not more 
        than $3,000,000 may be used in fiscal year 2006 for 
        competitive sourcing studies and related activities by 
        the Forest Service.
    (b) Competitive Sourcing Study Defined.--In this section, 
the term ``competitive sourcing study'' means a study on 
subjecting work performed by Federal Government employees or 
private contractors to public-private competition or on 
converting the Federal Government employees or the work 
performed by such employees to private contractor performance 
under the Office of Management and Budget Circular A-76 or any 
other administrative regulation, directive, or policy.
    (c) Competitive Sourcing Exemption for Forest Service 
Studies Conducted Prior to Fiscal Year 2006.--The Forest 
Service is hereby exempted from implementing the Letter of 
Obligation and post-competition accountability guidelines where 
a competitive sourcing study involved 65 or fewer full-time 
equivalents, the performance decision was made in favor of the 
agency provider; no net savings was achieved by conducting the 
study, and the study was completed prior to the date of this 
Act.
    (d) In preparing any reports to the Committees on 
Appropriations on competitive sourcing activities, agencies 
funded in this Act shall include the incremental cost directly 
attributable to conducting the competitive sourcing 
competitions, including costs attributable to paying outside 
consultants and contractors and, in accordance with full cost 
accounting principles, all costs attributable to developing, 
implementing, supporting, managing, monitoring, and reporting 
on competitive sourcing, including personnel, consultant, 
travel, and training costs associated with program management.
    (e) In carrying out any competitive sourcing study 
involving Forest Service employees, the Secretary of 
Agriculture shall--
            (1) determine whether any of the employees 
        concerned are also qualified to participate in wildland 
        fire management activities; and
            (2) take into consideration the effect that 
        contracting with a private sector source would have on 
        the ability of the Forest Service to effectively and 
        efficiently fight and manage wildfires.
    Sec. 423. None of the funds in this Act or prior Acts 
making appropriations for the Department of the Interior and 
Related Agencies may be provided to the managing partners or 
their agents for the SAFECOM or Disaster Management projects.
    Sec. 424. (a) In General.--An entity that enters into a 
contract with the United States to operate the National 
Recreation Reservation Service (as solicited by the 
solicitation numbered WO-04-06vm) shall not carry out any 
duties under the contract using:
            (1) a contact center located outside the United 
        States; or
            (2) a reservation agent who does not live in the 
        United States.
    (b) No Waiver.--The Secretary of Agriculture may not waive 
the requirements of subsection (a).
    (c) Telecommuting.--A reservation agent who is carrying out 
duties under the contract described in subsection (a) may not 
telecommute from a location outside the United States.
    (d) Limitations.--Nothing in this Act shall be construed to 
apply to any employee of the entity who is not a reservation 
agent carrying out the duties under the contract described in 
subsection (a) or who provides managerial or support services.
    Sec. 425. Section 331 of the Department of the Interior and 
Related Agencies Appropriations Act, 2000 (as enacted into law 
by section 1000(a)(3) of Public Law 106-113; 113 Stat. 1501A-
196; 16 U.S.C. 497 note), as amended, is amended--
            (1) in subsection (a) by striking ``2005'' and 
        inserting ``2006''; and
            (2) in subsection (b) by striking ``2005'' and 
        inserting ``2006''.
    Sec. 426. Section 321 of the Department of the Interior and 
Related Agencies Appropriations Act, 2003 (division F of Public 
Law 108-7; 117 Stat. 274; 16 U.S.C. 565a-1 note) is amended by 
striking ``September 30, 2005'' and inserting ``September 30, 
2007''.
    Sec. 427. Section 5 of the Arts and Artifacts Indemnity Act 
(20 U.S.C. 974) is amended--
            (1) in subsection (b), by striking 
        ``$8,000,000,000'' and inserting ``$10,000,000,000''; 
        and
            (2) in subsection (c), by striking ``$600,000,000'' 
        and inserting ``$1,200,000,000''.
    Sec. 428. Section 330 of the Department of the Interior and 
Related Agencies Appropriations Act, 2001 (Public Law 106-291; 
114 Stat. 996; 43 U.S.C. 1701 note), is amended--
            (1) in the first sentence, by striking ``2005'' and 
        inserting ``2008'';
            (2) in the first sentence by striking ``may pilot 
        test agency-wide joint permitting and leasing 
        programs'' and inserting after ``Congress,'' the 
        following: ``may establish pilot programs involving the 
        land management agencies referred to in this section to 
        conduct projects, planning, permitting, leasing, 
        contracting and other activities, either jointly or on 
        behalf of one another; may co-locate in Federal offices 
        and facilities leased by an agency of either 
        Department;'';
            (3) in the third sentence, by inserting ``, 
        National Park Service, Fish and Wildlife Service,'' 
        after ``Bureau of Land Management''; and
            (4) by adding at the end the following new 
        sentence: ``To facilitate the sharing of resources 
        under the Service First initiative, the Secretaries of 
        the Interior and Agriculture may make transfers of 
        funds and reimbursement of funds on an annual basis, 
        including transfers and reimbursements for multi-year 
        projects, except that this authority may not be used to 
        circumvent requirements and limitations imposed on the 
        use of funds.''.
    Sec. 429. The Secretary of Agriculture may acquire, by 
exchange or otherwise, a parcel of real property, including 
improvements thereon, of the Inland Valley Development Agency 
of San Bernardino, California, or its successors and assigns, 
generally comprising Building No. 3 and Building No. 4 of the 
former Defense Finance and Accounting Services complex located 
at the southwest corner of Tippecanoe Avenue and Mill Street in 
San Bernardino, California, adjacent to the former Norton Air 
Force Base. As full consideration for the property to be 
acquired, the Secretary of Agriculture may terminate the 
leasehold rights of the United States received pursuant to 
section 8121(a)(2) of the Department of Defense Appropriations 
Act, 2005 (Public Law 108-287; 118 Stat. 999). The acquisition 
of the property shall be on such terms and conditions as the 
Secretary of Agriculture considers appropriate and may be 
carried out without appraisals, environmental or administrative 
surveys, consultations, analyses, or other considerations of 
the condition of the property.
    Sec. 430. None of the funds in this Act may be used to 
prepare or issue a permit or lease for oil or gas drilling in 
the Finger Lakes National Forest, New York, during fiscal year 
2006.
    Sec. 431. (a) In General.--
            (1) The Secretary of Agriculture and the Secretary 
        of the Interior are authorized to make grants to the 
        Eastern Nevada Landscape Coalition for the study and 
        restoration of rangeland and other lands in Nevada's 
        Great Basin in order to help assure the reduction of 
        hazardous fuels and for related purposes.
            (2) Notwithstanding 31 U.S.C. secs. 6301-6308, the 
        Director of the Bureau of Land Management may enter 
        into a cooperative agreement with the Eastern Nevada 
        Landscape Coalition for theGreat Basin Restoration 
Project, including hazardous fuels and mechanical treatments and 
related work.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.
    Sec. 432. (a) Section 108(g) of the Valles Caldera 
Preservation Act (16 U.S.C. 698v-6(g)) is amended--
            (1) in the first sentence, by striking ``The 
        Secretary'' and inserting the following:
            ``(1) Law enforcement.--
                    ``(A) In general.--The Secretary'';
            (2) in the second sentence, by striking ``The 
        Trust'' and inserting the following:
                    ``(B) Federal agency.--The Trust''; and
            (3) by striking ``At the request of the Trust'' and 
        all that follows through the end of the subsection and 
        inserting the following:
            ``(2) Fire management.--
                    ``(A) Non-reimbursable services.--
                            ``(i) Development of plan.--Subject 
                        to the availability of appropriations 
                        under section 111(a), the Secretary 
                        shall, in consultation with the Trust, 
                        develop a plan to carry out fire 
                        preparedness, suppression, and 
                        emergency rehabilitation services on 
                        the Preserve.
                            ``(ii) Consistency with management 
                        program.--The plan shall be consistent 
                        with the management program developed 
                        pursuant to subsection (d).
                            ``(iii) Cooperative agreement.--To 
                        the extent generally authorized at 
                        other units of the National Forest 
                        System, the Secretary shall provide the 
                        services to be carried out pursuant to 
                        the plan under a cooperative agreement 
                        entered into between the Secretary and 
                        the Trust.
                    ``(B) Reimbursable services.--To the extent 
                generally authorized at other units of the 
                National Forest System and subject to the 
                availability of appropriations under section 
                111(a), the Secretary shall provide 
                presuppression and nonemergency rehabilitation 
                and restoration services for the Trust at any 
                time on a reimbursable basis.''
    (b) The amendments made by subsection (a) take effect as of 
January 1, 2005.
    Sec. 433. None of the funds made available to the Forest 
Service under this Act shall be expended or obligated for the 
demolition of buildings at the Zephyr Shoals property, Lake 
Tahoe, Nevada.
    Sec. 434. Section 323(a) of the Department of the Interior 
and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011 
note; as contained in section 101(e) of Public Law 105-277), is 
amended by striking ``fiscal year 1999'' and all that follows 
through ``2005'' and inserting ``each of fiscal years 2006 
through 2011''.
    Sec. 435. Congressional Security Relating to Certain Real 
Property. (a) In General.--Except as provided under subsection 
(b)--
            (1) the District of Columbia Board of Zoning 
        Adjustments and the District of Columbia Zoning 
        Commission may not take any action to grant any 
        variance relating to the property located at 51 
        Louisiana Avenue NW, Square 631, Lot 17 in the District 
        of Columbia; and
            (2) if any variance described under paragraph (1) 
        is granted before the effective date of this section, 
        such variance shall be set aside and shall have no 
        force or effect.
    (b) Conditions for Variance.--A variance described under 
subsection (a) may be granted or shall be given force or effect 
if--
            (1) the Capitol Police Board makes a determination 
        that any such variance shall not--
                    (A) negatively impact congressional 
                security; and
                    (B) increase Federal expenditures relating 
                to congressional security;
            (2) the Majority and Minority Leaders of the Senate 
        and the Speaker and Minority Leader of the House of 
        Representatives approve such determination; and
            (3) the Capitol Police Board certifies the 
        determination in writing to the District of Columbia 
        Board of Zoning Adjustments and the District of 
        Columbia Zoning Commission.
    (c) Effective Date.--This section shall take effect on the 
date of enactment of this Act and apply to the remaining 
portion of the fiscal year in which enacted and each fiscal 
year thereafter.
    Sec. 436. Wisconsin National Forest Acquisition. (a) 
Prospective Management Requirements.--The Secretary of 
Agriculture is authorized to acquire property located within 
Sections 1 and 2, Township 44 North, Range 4 West; Section 31, 
Township 45 North, Range 3 West; and Section 36, Township 45 
North, Range 4 West; Fourth Principal Meridian, Ashland County, 
State of Wisconsin, and upon such acquisition, such lands shall 
be subject to the special management requirements of subsection 
(b).
    (b) Special Management.--Subject to valid existing rights 
of record, upon acquisition by the Secretary of Agriculture of 
any land referenced in subsection (a), that area of the land 
encompassed within 300 feet of the ordinary high water mark of 
the Brunsweiler River or Beaverdam Lake, whether or not the 
waterways are impounded, shall be subject to the laws and 
regulations pertaining to the National Forest System with the 
following management emphasis:
            (1) Enhancing the physical, biological, and 
        cultural features and values for public use, 
        interpretation, research, and monitoring;
            (2) Maintenance of the natural character of 
        Brunsweiler River, whether or not impounded; and
            (3) Prohibition of structures, motorized use of 
        trails, developed recreation facilities, and surface 
        occupancy for mineral exploration or extraction.
    (c) National Forest Boundaries.--Without further action by 
the Secretary of Agriculture, the boundaries of the Chequamegon 
National Forest are hereby expanded to encompass the lands 
referenced in subsection (a).
    (d) Savings Provision.--Nothing in this section shall be 
construed to prohibit the maintenance or reconstruction of the 
existing dam on the Brunsweiler River, located within the area 
referenced in subsection (a).
      Sec. 437. In addition to amounts provided to the 
Department of the Interior in this Act, $5,000,000 is provided 
for a grant to Kendall County, Illinois.
      Sec. 438. Section 344 of the Department of the Interior 
and Related Agencies Appropriations Act, 2005 as contained in 
division E of the Consolidated Appropriations Act, 2005 (Public 
Law 108-447) is amended as follows:
      (1) by striking: ``seven''; ``14910001,''; and ``, 
14913007, and 14913008'';
      (2) by inserting ``and'' after ``14913005,''; and
      (3) by striking all language after ``(2)'' and inserting 
in lieu thereof ``immediately transfer to the Alaska SeaLife 
Center for various acquisitions, waterfront improvements and 
facilities that complement the new Federal facility, any 
remaining balance of previously appropriated funds.''
    Sec. 439. (a) Across-the-Board Rescissions.--There is 
hereby rescinded an amount equal to 0.476 percent of the budget 
authority provided for fiscal year 2006 for any discretionary 
appropriation in titles I through IV of this Act.
    (b) Proportionate Application.--Any rescission made by 
subsection (a) shall be applied proportionately--
            (1) to each discretionary account and each item of 
        budget authority described in subsection (a); and
            (2) within each such account and item, to each 
        program, project, and activity (with programs, 
        projects, and activities as delineated in the 
        appropriation Act or accompanying reports for the 
        relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation 
        Acts, as delineated in the most recently submitted 
        President's budget).
    (c) Indian Land and Water Claim Settlements.--Under the 
heading ``Bureau of Indian Affairs, Indian Land and Water Claim 
Settlements and Miscellaneous Payments to Indians'', the 
across-the-board rescission in this section, and any subsequent 
across-the-board rescission for fiscal year 2006, shall apply 
only to the first dollar amount in the paragraph and the 
distribution of the rescission shall be at the discretion of 
the Secretary of the Interior who shall submit a report on such 
distribution and the rationale therefor to the House and Senate 
Committees on Appropriations.

      TITLE V--FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT

SECTION 501. SHORT TITLE.

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

SEC. 502. DEFINITIONS.

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

SEC. 503. AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE 
                    SITES.

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

SEC. 504. CONVEYANCE REQUIREMENTS.

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

SEC. 505. DISPOSITION OF PROCEEDS RECEIVED FROM ADMINISTRATIVE SITE 
                    CONVEYANCES.

    (a) Deposit.--The Secretary shall deposit in the fund 
established under Public Law 90-171 (commonly known as the Sisk 
Act; 16 U.S.C. 484a) all of the proceeds from the conveyance of 
an administrative site under this title.
    (b) Use.--Amounts deposited under paragraph (1) shall be 
available to the Secretary, until expended and without further 
appropriation, to pay any necessary and incidental costs 
incurred by the Secretary in connection with--
            (1) the acquisition, improvement, maintenance, 
        reconstruction, or construction of a facility or 
        improvement for the National Forest System; and
            (2) the conveyance of administrative sites under 
        this title, including costs described in subsection 
        (c).
    (c) Brokerage Services.--The Secretary may use the proceeds 
from the conveyance of an administrative site under this title 
to pay reasonable commissions or fees for brokerage services 
obtained in connection with the conveyance if the Secretary 
determines that the services are in the public interest. The 
Secretary shall provide public notice of any brokerage services 
contract entered into in connection with a conveyance under 
this title.

                     TITLE VI--VETERANS HEALTH CARE

    Sec. 601. From the money in the Treasury not otherwise 
appropriated, there is appropriated to the Department of 
Veterans Affairs an additional amount for ``Medical Services'' 
of $1,500,000,000 to be available for obligation upon enactment 
of this Act and to remain available until September 30, 2006.
    This Act may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2006''.
    And the Senate agree to the same.

                                   Charles H. Taylor,
                                   Jerry Lewis,
                                   Zach Wamp,
                                   John E. Peterson,
                                   Don Sherwood,
                                   Ernest J. Istook, Jr.,
                                   Robert B. Aderholt,
                                   John T. Doolittle,
                                   Michael Simpson,
                                   Norman D. Dicks,
                                   James P. Moran,
                                   Maurice D. Hinchey,
                                   John W. Olver,
                                   Alan B. Mollohan,
                                 Managers on the Part of the House.
                                   Conrad Burns,
                                   Ted Stevens,
                                   Thad Cochran,
                                   Pete V. Domenici,
                                   Robert F. Bennett,
                                   Judd Gregg,
                                   Larry Craig,
                                   Wayne Allard,
                                   Byron L. Dorgan,
                                   Robert C. Byrd,
                                   Patrick J. Leahy,
                                   Harry Reid,
                                   Dianne Feinstein,
                                   Barbara A. Mikulski,
                                   Herb Kohl,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 2361), making 
appropriations for the Department of the Interior, Environment, 
and Related Agencies for the fiscal year ending September 30, 
2006, and for other purposes, submit the following joint 
statement to the House and the Senate in explanation of the 
effect of the action agreed upon by the managers and 
recommended in the accompanying conference report.
      The conference agreement on H.R. 2361 incorporates some 
of the provisions of both the House and the Senate versions of 
the bill. Report language and allocations set forth in either 
House Report 109-80 or Senate Report 109-80 that are not 
changed by the conference are approved by the committee of 
conference. The statement of the managers, while repeating some 
report language for emphasis, does not negate the language 
referenced above unless expressly provided herein.

                        REPROGRAMMING GUIDELINES

      The managers have revised the reprogramming guidelines to 
add an exception for certain Environmental Protection Agency 
grants (section 3(b)) and to delete certain instructions to the 
Forest Service dealing with boundary adjustments and transfer 
of funds.
      The following are the procedures governing reprogramming 
actions for programs and activities funded in the Interior, 
Environment, and Related Agencies Appropriations Act:
      1. Definitions.--(a) ``Reprogramming,'' as defined in 
these procedures, includes the reallocation of funds from one 
budget activity to another. In cases where either the House or 
Senate Committee report displays an allocation of an 
appropriation below the activity level, that more detailed 
level shall be the basis for reprogramming. For construction 
accounts, a reprogramming constitutes the reallocation of funds 
from one construction project (identified in the justification 
or Committee report) to another. A reprogramming shall also 
consist of any significant departure from the program described 
in the agency's budget justifications. This includes proposed 
reorganizations even without a change in funding.
      (b) ``Committees'' refer to the House and Senate 
Committees on Appropriations and, specifically, the 
Subcommittee on Interior, Environment, and Related Agencies.
      2. Guidelines for Reprogramming.--(a) A reprogramming 
should be made only when an unforeseen situation arises; and 
then only if postponement of the project or the activity until 
the next appropriation year would result in actual loss or 
damage. Mere convenience or desire should not be factors for 
consideration.
      (b) Any project or activity, which may be deferred 
through reprogramming, shall not later be accomplished by means 
of further reprogramming; but, instead, funds should again be 
sought for the deferred project or activity through the regular 
appropriations process.
      (c) Reprogramming should not be employed to initiate new 
programs or to change allocations specifically denied, limited 
or increased by the Congress in the Act or the report. In cases 
where unforeseen events or conditions are deemed to require 
changes, proposals shall be submitted in advance to the 
Committees, regardless of amounts involved, and be fully 
explained and justified.
      (d) Reprogramming proposals submitted to the Committees 
for approval shall be considered approved 30 calendar days 
after receipt if the Committees have posed no objection. 
However, agencies will be expected to extend the approval 
deadline if specifically requested by either Committee.
      (e) Proposed changes to estimated working capital fund 
bills and estimated overhead charges, deductions, reserves or 
holdbacks, as such estimates were presented in annual budget 
justifications, shall be submitted through the reprogramming 
process.
      3. Criteria and Exceptions.--Any proposed reprogramming 
must be submitted to the Committees in writing prior to 
implementation if it exceeds $500,000 annually or results in an 
increase or decrease of more than 10 percent annually in 
affected programs, with the following exceptions:
      (a) With regard to the tribal priority allocations 
activity of the Bureau of Indian Affairs, Operation of Indian 
Programs account, there is no restriction on reprogrammings 
among the programs within this activity. However, the Bureau 
shall report on all reprogrammings made during the first 6 
months of the fiscal year by no later than May 1 of each year, 
and shall provide a final report of all reprogrammings for the 
previous fiscal year by no later than November 1 of each year.
      (b) With regard to the Environmental Protection Agency, 
State and Tribal Assistance Grants account, reprogramming 
requests associated with States and Tribes applying for 
partnership grants do not need to be submitted to the 
Committees for approval should such grants exceed the normal 
reprogramming limitations. In addition, the Agency need not 
submit a request to move funds between wastewater and drinking 
water objectives for those grants targeted to specific 
communities.
      4. Quarterly Reports.--(a) All reprogrammings shall be 
reported to the Committees quarterly and shall include 
cumulative totals.
      (b) Any significant shifts of funding among object 
classifications also should be reported to the Committees.
      5. Administrative Overhead Accounts.--For all 
appropriations where costs of administrative expenses are 
funded in part from ``assessments'' of various budget 
activities within an appropriation, the assessments shall be 
shown in justifications under the discussion of administrative 
expenses.
      6. Contingency Accounts.--For all appropriations where 
assessments are made against various budget activities or 
allocations for contingencies the Committees expect a full 
explanation, as part of the budget justification, consistent 
with section 405 of this Act. The explanation shall show the 
amount of the assessment, the activities assessed, and the 
purpose of the fund. The Committees expect reports each year 
detailing the use of these funds. In no case shall a fund be 
used to finance projects and activities disapproved orlimited 
by Congress or to finance new permanent positions or to finance 
programs or activities that could be foreseen and included in the 
normal budget review process. Contingency funds shall not be used to 
initiate new programs.
      7. Report Language.--Any limitation, directive, or 
earmarking contained in either the House or Senate report which 
is not contradicted by the other report nor specifically denied 
in the conference report shall be considered as having been 
approved by both Houses of Congress.
      8. Assessments.--No assessments shall be levied against 
any program, budget activity, subactivity, or project funded by 
the Interior, Environment, and Related Agencies Appropriations 
Act unless such assessments and the basis therefore are 
presented to the Committees and are approved by such 
Committees, in compliance with these procedures.
      9. Land Acquisitions and Forest Legacy.--(a) Lands shall 
not be acquired for more than the approved appraised value (as 
addressed in section 301(3) of Public Law 91-646) except for 
condemnations and declarations of taking, unless such 
acquisitions are submitted to the Committees for approval in 
compliance with these procedures.
      (b) Subsection (a) does not apply to the National Park 
Service for tracts with an appraised value of $500,000 or less.
      10. Land Exchanges.--Land exchanges, wherein the 
estimated value of the Federal lands to be exchanged is greater 
than $500,000, shall not be consummated until the Committees 
have had a 30-day period in which to examine the proposed 
exchange.
      11. Appropriations Structure.--The appropriation 
structure for any agency shall not be altered without advance 
approval of the Committees.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   MANAGEMENT OF LANDS AND RESOURCES

      The conference agreement provides $860,791,000 for 
management of lands and resources instead of $845,783,000 as 
proposed by the House and $867,045,000 as proposed by the 
Senate.
      Land Resources.--Changes to the House level for land 
resources include an increase of $1,000,000 for the National 
Center for Invasive Plant Management, and decreases of $100,000 
for Santa Ana River land management, $156,000 for Wyoming soil 
surveys, which is addressed under realty and ownership 
management, and $250,000 for Santa Ana River conservation 
efforts.
      The managers encourage the Bureau to work with the 
Bighorn Institute to conserve and recover the peninsular desert 
bighorn sheep.
      The managers are aware of the Salt Cedar Task Force's 
work in northeast Montana and encourage the Bureau to explore 
methods of partnering with the task force on control and 
eradication efforts surrounding Fort Peck Reservoir.
      Within the funds provided for Santa Ana River 
conservation efforts, $100,000 should be directed to the land 
management planning effort.
      Recreation Management.--Changes to the House level for 
recreation management include an increase of $1,000,000 for the 
undaunted stewardship program and a decrease of $500,000 for 
Santa Rosa and San Jacinto National Monument management plans.
      Energy and Minerals.--Changes to the House level for 
energy and minerals include an increase of $1,000,000 for oil 
and gas management.
      The managers do not include funding for the Utah Oil and 
Gas internet pilot program due to the Bureau's inability to 
perform the pilot at this time but encourage the Bureau to work 
to develop this capability.
      Realty Ownership and Management.--Changes to the House 
level for realty ownership and management include increases of 
$7,000,000 for Alaska conveyance, $300,000 for GIS mapping in 
Utah, $750,000 for recordable disclaimer applications in 
Alaska, $160,000 for Wyoming soil surveys and $950,000 for a 
cadastral survey in Montana.
      Resource Protection and Maintenance.--Changes to the 
House level for resource protection and maintenance include a 
decrease of $250,000 for California desert conservation plans.
      The managers agree that law enforcement funds provided 
above the requested level should be used in National Landscape 
Conservation System lands in Montana, Colorado, California, and 
other NLCS lands not included in the Administration's requested 
increased above the enacted level.
      Transportation and Facilities Maintenance.--Changes to 
the House level for transportation and facilities maintenance 
include increases of $750,000 for capping oil wells in the 
National Petroleum Reserve Alaska and $750,000 for Pacific 
Crest, Continental Divide and Iditarod trails.
      Challenge Cost Share.--Changes to the House level for 
challenge cost share include an increase of $2,604,000 for the 
traditional challenge cost share program.
      The Administration's budget request included a proposal 
to eliminate the range improvement account and included 
$3,000,000 in the cooperative conservation initiative and 
$7,000,000 in the deferred maintenance program to fund the 
activities performed by the range improvement account. The 
managers have restored the range improvement account, but 
direct the Bureau to focus no less than $4,000,000 from the 
deferred maintenance program to the range improvement 
activities suggested in the budget justification. Furthermore, 
the Bureau is expected to focus at least $3,000,000 of 
challenge cost share activities on range activities including 
sagebrush restoration and invasive weed control.
      Bill Language.--The conference agreement retains language 
included in the Senate bill that earmarks $1,250,000 for the 
Youth Conservation Corps program. The House bill recommended 
$1,000,000 for this purpose.

                        Wildland Fire Management

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement provides $766,564,000 for 
wildland fire management as proposed by the Senate instead of 
$761,564,000 as proposed by the House.
      State and Local Fire Assistance.--The change to the House 
level for State and local fire assistance is an increase of 
$5,000,000.
      The managers agree that funding for the National Center 
for Landscape Fire Analysis shall remain at or above the fiscal 
year 2005 enacted level.
      Bill Language.--The conference agreement includes 
language contained in the House bill allowing for the transfer 
of up to $9,000,000 of wildland fire management funds between 
theDepartment of the Interior and the Department of 
Agriculture. The Senate contained similar language.

                              CONSTRUCTION

      The conference agreement provides $11,926,000 for 
construction instead of $11,476,000 as proposed by the House 
and $9,976,000 as proposed by the Senate.
      Changes to the House level for construction include 
increases of $1,500,000 for the Sand Hollow Recreation MOU with 
the State of Utah, which completes the project, $450,000 for 
the Paiute Meadows Trail project, and a decrease of $1,500,000 
for general construction projects.

                            LAND ACQUISITION

      The conference agreement provides $8,750,000 for land 
acquisition instead of $3,817,000 as proposed by the House and 
$12,250,000 as proposed by the Senate.
      The managers agree to the following distribution of 
funds:

        Area (State)                                              Amount
Colorado River SRMA (UT)................................      $1,200,000
Oregon NWSR/North Fork Owyhee NWSR (OR).................         650,000
Sandy River/Oregon NHT (OR).............................       1,600,000
Santa Rosa and San Jacinto Mountains NM (CA)............         500,000
Upper Snake/South Fork Snake River ACEC/SRMA (ID).......       1,500,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal..........................................       5,450,000
Emergencies and Hardships...............................       1,000,000
Acquisition Management..................................       2,300,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................       8,750,000

                   OREGON AND CALIFORNIA GRANT LANDS

      The conference agreement provides $110,070,000 for Oregon 
and California grant lands as proposed by both the House and 
Senate.

                           RANGE IMPROVEMENTS

      The conference agreement provides an indefinite 
appropriation for range improvements of not less than 
$10,000,000 as proposed by both the House and the Senate.

               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

      The conference agreement provides an indefinite 
appropriation for service charges, deposits, and forfeitures, 
which is estimated to be $32,940,000, as proposed by both the 
House and the Senate.

                       MISCELLANEOUS TRUST FUNDS

      The conference agreement provides an indefinite 
appropriation of $12,405,000 for miscellaneous trust funds as 
proposed by both the House and the Senate.

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

      The conference agreement provides $1,008,880,000 for 
resource management instead of $1,005,225,000 as proposed by 
the House and $993,485,000 as proposed by the Senate. Changes 
to the House recommended level are described below.
      Ecological Services.--In Endangered Species Act recovery 
programs, there are decreases of $298,000 for wolf recovery and 
$150,000 for the Northern aplomado falcon and increases of 
$1,114,000 for the Yellowstone grizzly bear conservation 
strategy, $500,000 for Lahontan cutthroat trout, $1,000,000 for 
the Penobscot River restoration project, $1,000,000 for 
Atlantic salmon recovery activities managed through the 
National Fish and Wildlife Foundation,$1,200,000 for eider and 
sea otter recovery at the Alaska SeaLife Center, and $350,000 for White 
Sulphur Springs NFH, WV, mussel recovery.
      In habitat conservation, increases for the partners for 
fish and wildlife program include $1,000,000 for Seattle, WA, 
shoreline restoration for salmon habitat, $700,000 for Big Hole 
watershed restoration in Montana, $500,000 for the Montana 
Water Center wild fish habitat initiative, $1,250,000 for the 
Nevada biodiversity research and conservation project, $100,000 
for Bald eagle restoration with the Vermont Natural Heritage 
Partners program, $540,000 for conservation work at Don Edwards 
NWR, CA, $1,000,000 for the wildlife enterprises program at 
Mississippi State University, $150,000 for the Thunder Basin 
initiative in Wyoming, $100,000 for invasive species control by 
the Friends of Lake Sakakawea, $550,000 for endangered bird 
conservation in Hawaii, $500,000 for geographic information 
system mapping of NWRs in Alaska, and $425,000 for the study of 
declining wildlife populations on Lake Umbagog NWR with the New 
Hampshire Audubon Society. These increases are offset by a 
decrease of $100,000 for a study of Colorado River flow and 
aquatic habitats (Blue sucker) from Longhorn Dam to Matagorda 
Bay and a $9,000,000 reduction to the general program increase 
proposed in the budget request.
      In coastal programs, there is an increase of $200,000 in 
support of the proposed general program expansion.
      Refuges and Wildlife.--In refuge operations/refuge 
visitor services, there is a decrease of $1,000,000 for visitor 
facility enhancements. The managers note that $5,000,000 is 
provided in the construction account for visitor contact 
facilities.
      In migratory bird management, there are increases in 
conservation and monitoring of $375,000 for focal species 
management, $100,000 for survey and monitoring, and $100,000 
for population and habitat assessment. In the joint ventures 
program, there is an increase of $100,000 in national 
administration for a program assessment of existing joint 
ventures and an increase of $400,000 to initiate the Central 
Hardwoods and the Northern Great Plains joint ventures.
      In law enforcement operations, there is a decrease of 
$100,000 for vehicle replacement.
      Fisheries.--In the fisheries program, there are increases 
in hatchery operations of $600,000 for hatchery operations, 
$1,400,000 for whirling disease and related fish health issues, 
and $500,000 for the wildlife health center in Montana. In 
hatchery maintenance, there is a decrease of $1,500,000 for 
whirling disease; funds for this program have been moved to 
hatchery operations. In fish and wildlife management, there are 
decreases of $750,000 for the national fish habitat initiative 
and $350,000 for Yukon River Salmon Treaty implementation and 
an increase of $102,000 for aquatic nuisance species control.
      General Administration.--In general operations, increases 
include $250,000 for National Conservation Training Center 
operations and $397,000 for NCTC maintenance. In international 
programs, increases include $300,000 for the Caddo Lake Ramsar 
Center in Texas and $100,000 for the wildlife without borders 
Africa program.
      Bill Language.--Language is included earmarking 
$2,500,000 for the Youth Conservation Corps as proposed by the 
Senate instead of $2,000,000 as proposed by the House.
      The managers agree to the following:
      1. The funds provided for wolf recovery include $350,000 
for the Nez Perce Tribe, $730,000 for the Idaho Office of 
Species Conservation, $100,000 for the Service's Snake River 
Basin Office pursuant to a memorandum of agreementbetween the 
Nez Perce Tribe and the State of Idaho, and $320,000 for wolf 
monitoring and related activities by the State of Montana.
      2. The $1,000,000 provided in the ESA recovery program 
for the Penobscot River restoration project represents the 
first time funding has been provided in the Service's budget. 
Funds were provided for the project by the National Oceanic and 
Atmospheric Administration last fiscal year; additional funds 
are anticipated through the Army Corps of Engineers and NOAA in 
fiscal year 2006; and the State of Maine along with private 
groups are also expected to provide funds for removing dams on 
the Penobscot River. The managers will carefully analyze any 
future requests for funding from the Fish and Wildlife Service 
budget for this project with the expectation that the 
aforementioned other entities will be the primary contributors 
to the project.
      3. The Peregrine Fund is funded at $550,000 in fiscal 
year 2006, which includes $150,000 for Northern aplomado falcon 
recovery activities.
      4. The funding provided in the partners for fish and 
wildlife program for a study of declining wildlife populations 
on Lake Umbagog NWR in cooperation with the New Hampshire 
Audubon Society, will complete this project.
      5. The managers are concerned that for the past two years 
the white pelican population at Chase Lake NWR, ND, has 
experienced unexplained disturbances. In 2004, nearly 30,000 
pelicans abandoned the colony and in 2005, inspections revealed 
only about 500 live chicks out of a potential summer hatch of 
9,000. The managers are aware that the Service is working to 
determine the scope of these problems and expects the Service 
to report to the House and Senate Committees on Appropriations 
no later than October 1, 2005, on what it believes is the cause 
of the 2004 abandonment and the 2005 deaths and what steps it 
believes are necessary to reverse this trend.
      6. The managers are aware that the Service is currently 
working on the Comprehensive Conservation Plan for Vieques NWR 
in Puerto Rico. In an effort to keep the House and Senate 
Committees on Appropriations informed on the progress and scope 
of the CCP, the Service should report to the Committees by 
January 1, 2006, on plan development and on environmental 
cleanup efforts currently being conducted on Vieques NWR, the 
expected cost of the cleanup, if known, and the methods being 
used to dispose of ordinance.
      7. The managers continue to be concerned about the 
Service's share of the cost of airport operations at Midway 
Atoll NWR. The managers also are concerned about the unresolved 
issues surrounding a new contract for airport operations and 
funding by the Federal Aviation Administration. The managers 
understand that FAA will cover the costs associated with the 
airfield in fiscal year 2006 and beyond and that the Service 
will pay an appropriate share of the indirect costs in addition 
to paying ongoing refuge operations costs. The total cost to 
the Service for all operations at Midway is expected to be $4.3 
million in fiscal year 2006. The managers note that the airport 
is not needed for refuge operations and the managers will not 
agree to a reprogramming for additional funds for airport-
related expenses in fiscal year 2006 unless there is a 
compelling, unanticipated, emergency requirement. Further, to 
the extent the new airport contract results insavings, the 
Service should share in those savings. The House and Senate Committees 
on Appropriations should be notified when the contract is awarded.
      8. No additional funding is provided for existing joint 
ventures in fiscal year 2006. The $100,000 provided in the 
migratory bird management program for national administration 
of joint venture activities is for a program assessment of the 
existing joint venture programs. To the extent that future 
funding increases are requested for joint ventures, the funding 
should be based on the results of the program assessment. 
Likewise, if the assessment determines that certain joint 
ventures are not yielding desired results, the managers believe 
the Service should consider decreased funding for those 
projects in future budget requests.
      9. The $1,400,000 provided for whirling disease research 
includes $1,000,000 for the National Partnership on the 
Management of Wild and Native Coldwater Fisheries and $400,000 
for the Whirling Disease Foundation.
      10. Funding for whirling disease research and related 
fish health issues and for the wildlife health center in 
Montana is provided in the hatchery operations budget. The 
Service should reprogram any other base budget funds for these 
activities in fiscal year 2006 to the hatchery operations 
budget and should budget for these activities in hatchery 
operations in future budget requests.
      11. An increase of $1,000,000 is provided for continued 
development of the National Fish Habitat Initiative. 
Distribution of these funds should follow the direction in 
House Report 109-80.
      12. The fisheries program should continue to keep the 
House and Senate Committees on Appropriations apprised of its 
efforts to address base budget erosion and inequities in field 
station funding, including consideration of reimbursable 
funding.
      13. The funds provided for the Caddo Lake Ramsar Center 
in Texas are for conservation and education programs directly 
related to Caddo Lake and may not be used for infrastructure, 
construction-related projects, legal or management fees, or any 
other purposes. The Center should work cooperatively with Texas 
A&M; University on preparing a program of work for fiscal year 
2006.

                              CONSTRUCTION

      The conference agreement provides $45,891,000 for 
construction instead of $41,206,000 as proposed by the House 
and $31,811,000 as proposed by the Senate. The managers agree 
to the following distribution of funds:

                         [Dollars in thousands]
------------------------------------------------------------------------
              Project                      Description          Amount
------------------------------------------------------------------------
Allegheny NFH, PA..................  Water Supply                   $250
                                      Improvements
                                      [complete planning].
Balcones Canyonlands NWR, TX.......  Martin Lake and Martin          500
                                      West Dams [p/d/cc].
Big Oaks NWR, IN...................  Old Timbers Lake Dam            150
                                      Rehabilitation--Phase
                                      II [d/cc].
Clark R. Bavin Forensics             Renovation/Upgrade            3,355
 Laboratory, OR.                      Facility--Phase II
                                      [cc].
Crab Orchard NWR, IL...............  Visitor Center Dam            2,625
                                      Rehabilitation [cc].
Craig Brook NFH, ME................  Wastewater Treatment          2,480
                                      Compliance--Phase III
                                      [cc].
Division of Safety, Security and     Replacement of Survey         1,500
 Aviation.                            Aircraft--Phase III.
Garrison Dam NFH, ND...............  Hatchery renovation             200
                                      [completes 9 of 17
                                      pond liners].
Hakalau Forest NWR, HI.............  Ungulate Control                700
                                      Fencing [c].
Hanford Reach NM/Saddle Mountain     Visitor Center........        2,250
 NWR, WA.
Kenai NWR, AK......................  Visitor Center/Water            500
                                      and Sewer Lines [cc].
Klamath Basin NWR Complex, CA......  Water Supply and              1,000
                                      Management--Phase V.
Kodiak NWR, AK.....................  Visitor Center [cc]...        4,000
Kofa NWR, AZ.......................  Structural Replacement        1,515
                                      of Four Buildings--
                                      Phase II [cc].
Northwest Power Planning Area......  Fish Screens, etc.....        2,000
Ohio River Islands NWR, WV.........  Erosion protection for          435
                                      Middle & Buckley
                                      Islands.
Servicewide........................  Bridge Safety                   570
                                      Inspections.
Servicewide........................  Dam Safety Programs &           720
                                      Inspections.
Servicewide........................  Visitor Contact               5,000
                                      Facilities.
Sevilleta NWR, NM..................  Laboratory                    2,100
                                      Construction [cc].
Tualatin NWR, OR...................  Visitor Center and            3,900
                                      Administration
                                      Building [cc].
White Sulphur Springs NFH, WV......  Maintenance, grounds            525
                                      improvements,
                                      quarters
                                      rehabilitation.
                                                            ------------
    Subtotal, Line Item                                           36,275
     Construction.
                                                            ============
Nationwide Engineering Services:
    Cost Allocation Methodology....                                2,456
    Environmental Compliance.......                                1,000
    Other, non-project specific                                    5,900
     Nationwide Engineering
     Services.
    Seismic Safety Program.........                                  130
    Waste Prevention, Recycling                                      130
     Environmental Management.
                                                            ------------
      Subtotal, Nationwide                                         9,616
     Engineering Services.
                                                            ============
        Total......................                               45,891
------------------------------------------------------------------------

      Bill Language.--The conference agreement includes 
language proposed by the Senate transferring funds appropriated 
in fiscal year 2005 for the Chase Lake and Arrowwood NWRs, ND, 
to North Dakota State University to complete planning and 
design for a joint interpretive center. The House had no 
similar provision.
      The managers agree to the following:
      1. The $700,000 in funding for Hakalau Forest NWR, HI, 
ungulate control fencing is provided with the understanding 
that an additional $400,000 will need to be provided in fiscal 
year 2007 to complete the project.
      2. The funding provided for the Hanford Reach, WA visitor 
center completes the Federal commitment to this project.
      3. The $4,000,000 in funding for Kodiak NWR, AK, visitor 
center is sufficient to complete construction. The managers 
agree that an additional $400,000 will need to be provided in 
fiscal year 2007 to complete the acquisition of furnishings and 
equipment for the center.
      4. The Service should reprogram $350,000 from the 
completed Orangeburg dam project at Orangeburg NFH, SC, to 
complete the waterline construction project at the National 
Conservation Training Center.
      5. The funding provided for laboratory construction at 
Sevilleta NWR, NM completes this project.
      6. The $525,000 provided for White Sulphur Springs NFH, 
WV, includes $400,000 for maintenance and grounds improvements 
and $125,000 for quarters rehabilitation. An additional 
$125,000 will need to be provided in fiscal year 2007 to 
complete the quarters renovation.

                            LAND ACQUISITION

      The conference agreement provides $28,408,000 for land 
acquisition instead of $14,937,000 as proposed by the House and 
$40,827,000 as proposed by the Senate.
      The managers agree to the following distribution of 
funds:

        Area (State)                                              Amount
Alaska Peninsula NWR (AK)...............................        $400,000
Balcones Canyonlands NWR (TX)...........................         500,000
Cache River NWR (AR)....................................         809,000
Cahaba NWR (AL).........................................         421,000
Canaan Valley NWR (WV)..................................         190,000
Clark's River NWR (KY)..................................         200,000
Dakota Tallgrass Prairie WMA (SD/ND)....................         500,000
Eastern Shore NWR (VA)..................................       2,000,000
Edwin B. Forsythe NWR (NJ)..............................         300,000
Lake Atascosa NWR (TX)..................................         400,000
Lake Umbagog NWR (NH)...................................         500,000
Lower Rio Grande Valley NWR (TX)........................         800,000
Northern Tallgrass Prairie NWR (MN/IA)..................         500,000
Primehook NWR (DE)......................................         250,000
Rachel Carson NWR (ME)..................................         600,000
Rhode Island Refuge Complex (RI)........................         525,000
Rocky Mountain Front (MT)...............................       1,000,000
San Joaquin River NWR (CA)..............................         450,000
Silvio O. Conte NFWR (NH, VT, CT, MA)...................         650,000
Tensas River NWR (LA)...................................       1,900,000
Togiak NWR (AK).........................................         300,000
Upper Klamath Lake NWR, Barnes Tract (OR)...............       2,000,000
Use of carryover/anticipated slippage...................      -1,500,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal..........................................      13,695,000
Inholdings..............................................       1,500,000
Emergencies and Hardships...............................       1,500,000
Exchanges...............................................       1,500,000
Acquisition Management..................................       8,393,000
Cost Allocation Methodology.............................       1,820,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................      28,408,000

      Bill Language.--The conference agreement retains language 
proposed by the House providing that none of the funds 
appropriated for specific land acquisition projects can be used 
to pay for any administrative overhead, planning or other 
management costs.
      The managers agree to the following:
      1. Funds appropriated in fiscal year 2006 for Tensas 
River NWR (LA) completes this land acquisition project.
      2. Within funds provided for the Silvio Conte NWR, not 
less than $500,000 is for the Pondicherry Division.
      3. Within funds provided for acquisition management, 
$500,000 is for an environmental impact statement of the 
proposed Yukon Flats land exchange between Doyon Ltd. and the 
United States Fish and Wildlife Service.

                      Landowner Incentive Program

      The conference agreement provides $24,000,000 for the 
landowner incentive program instead of $23,700,000 as proposed 
by the House and $25,000,000 as proposed by the Senate.

                       Private Stewardship Grants

      The conference agreement provides $7,386,000 for private 
stewardship grants as proposed by the House instead of 
$7,500,000 as proposed by the Senate.

            Cooperative Endangered Species Conservation Fund

      The conference agreement provides $82,200,000 for the 
cooperative endangered species conservation fund instead of 
$84,400,000 as proposed by the House and $80,000,000 as 
proposed by the Senate.
      Bill Language.--The conference agreement includes 
language earmarking $62,039,000 to be derived from the Land and 
Water Conservation Fund instead of $64,239,000 as proposed by 
the House and $45,653,000 as proposed by the Senate. A total of 
$20,161,000 is derived from the Cooperative Endangered Species 
Conservation Fund as proposed by the House instead of 
$34,347,000 as proposed by the Senate.

                     National Wildlife Refuge Fund

      The conference agreement provides $14,414,000 for the 
national wildlife refuge fund as proposed by both the House and 
the Senate.

               North American Wetlands Conservation Fund

      The conference agreement provides $40,000,000 for the 
North American wetlands conservation fund as proposed by the 
House instead of $39,500,000 as proposed by the Senate.

                Neotropical Migratory Bird Conservation

      The conference agreement provides $4,000,000 for 
neotropical migratory bird conservation as proposed by both the 
House and the Senate.

                MULTINATIONAL SPECIES CONSERVATION FUND

      The conference agreement provides $6,500,000 for the 
multinational species conservation fund as proposed by the 
Senate instead of $5,900,000 as proposed by the House. Changes 
to the House recommended level include increases of $200,000 
for rhinoceros and tiger conservation and $400,000 for marine 
turtle conservation.

                    STATE AND TRIBAL WILDLIFE GRANTS

      The conference agreement provides $68,500,000 for State 
and Tribal wildlife grants instead of $65,000,000 as proposed 
by the House and $72,000,000 as proposed by the Senate.
      Bill Language.--The conference agreement includes 
language proposed by the House restating the October 1, 2005, 
deadline for completion of State comprehensive wildlife 
conservation plans and providing direction on distributing 
funds for States with disapproved plans. The Senate had no 
similar provisions.

                       ADMINISTRATIVE PROVISIONS

      The conference agreement does not specify the number of 
replacement passenger motor vehicles that may be purchased by 
the Service.
      The conference agreement includes a reference to the 
current reprogramming guidelines, which are contained in the 
front of the statement of the managers in this report.

                         National Park Service

                 OPERATION OF THE NATIONAL PARK SYSTEM

      The conference agreement provides $1,744,074,000 for the 
operation of the national park system instead of $1,754,199,000 
as proposed by the House and $1,748,486,000 as proposed by the 
Senate.
      The managers have provided an additional $20,000,000 for 
recurring park base increases. Of this amount $15,000,000 is 
provided for across the board increases for all park units and 
$5,000,000 is available for high priority program increases to 
specific parks. Within the $5,000,000, $500,000 is provided for 
national trails. This amount is in addition to the increases 
provided in the budget request for pay and fixed costs.
      The conference agreement provides $354,141,000 for 
resource stewardship, instead of $354,116,000 as proposed by 
the House and $354,841,000 as proposed by the Senate. Changes 
to the House level include a reduction of $1,000,000 for 
inventory and monitoring and increases of $225,000 for the 
International Center for Science and Learning at Mammoth Cave 
NP, $500,000 for air tour management and $300,000 for Vanishing 
Treasures.
      The conference agreement provides $346,181,000 for 
visitor services, the same as the House and Senate.
      The conference agreement provides $594,686,000 for 
maintenance as proposed by the House instead of $595,186,000 as 
proposed by the Senate.
      Within the amount provided for repair and rehabilitation, 
$80,000 is for campground rehabilitation at Ozark NSR, $200,000 
is for historic landscaping at Gettysburg NMP, $200,000 is for 
Alice Ferguson (Wareham Lodge), $497,000 is for Indiana Dunes 
NL (West Beach), $206,000 is for Indiana Dunes NL (Dunbar 
Beach), $300,000 is for Death Valley NP (Cow Creek), $140,000 
is for San Juan NHS (sewer repairs), $243,000 is for El Morro 
(restrooms), $250,000 is for Timucuan NP&P; (Kingsley 
Plantation), $250,000 is for the George Washington Memorial 
Parkway, $310,000 is for Saratoga NHP (Victory Woods), $375,000 
is for Dayton Aviation NHP (Wright Dunbar Plaza), $400,000 is 
for New River Gorge NR (building stabilization), $340,000 is 
for New River Gorge NR (HVAC), $350,000 is for Harpers Ferry 
NHP (building repairs), $490,000 is for Harpers Ferry NHP 
(exhibits/trails), and $640,000 is for Natchez Trace Parkway 
(re-striping and sealing).
      The conference agreement provides $298,509,000 for park 
support, instead of $298,659,000 as proposed by the House and 
$301,721,000 as proposed by the Senate. Changes to the House 
level include a decrease of $400,000 for Jamestown 2007 and an 
increase of $250,000 for wild and scenic rivers. Funding for 
Jamestown has been moved to the statutory or contractual aid 
program.
      The conference agreement provides $130,557,000 for 
external administrative costs, the same as the House and 
Senate.
      Bill language.--The conference agreement does not include 
language proposed by the House relating to across the board 
increases for parks. The managers agree to provide $97,600,000 
in 2-year funding for maintenance, repair and rehabilitation, 
and an earmark of $2,000,000 for Youth Conservation Corps 
projects.
      The conference agreement continues to earmark one-third 
of the challenge cost share program for the National Trails 
System. Foreign travel must continue to be pre-approved by the 
Committees on Appropriations.
      The conference agreement has provided $48,000 for 
Johnstown Area Heritage Association Museum and $785,000 for Ice 
Age National Scientific Reserve in the statutory or contractual 
aid program in the national recreation and preservation 
account.
      The managers are aware of the recent completion of the 
Natchez Trace Parkway. Given the historic significance of the 
Parkway and its high visitation levels, the managers encourage 
the Secretary to consider elevating the superintendent's 
position to the senior executive service.

                       UNITED STATES PARK POLICE

      The conference agreement provides $81,411,000 for the 
United States Park Police instead of $82,411,000 as proposed by 
the House and $80,411,000 as proposed by the Senate. The 
additional funds are for new recruit classes.

                  NATIONAL RECREATION AND PRESERVATION

      The conference agreement provides $54,965,000 for 
national recreation and preservation, instead of $48,997,000 as 
proposed by the House and $56,729,000 as proposed by the 
Senate.
      The conference agreement provides $554,000 for recreation 
programs, the same as the House and the Senate. The conference 
agreement provides $9,845,000 for natural programs instead of 
$9,545,000 as proposed by the House and $10,045,000 as proposed 
by the Senate. The change to the House level is an increase of 
$300,000 for rivers, trails and conservation assistance.
      The conference agreement provides $20,028,000 for 
cultural programs instead of $19,953,000 as proposed by the 
House and $20,403,000 as proposed by the Senate. Changes to the 
House level include an increase of $375,000 for underground 
railroad to freedom grants. Decreases to the House level 
include $300,000 for a digitization design plan. Within 
available funds, $300,000 is provided for Heritage Preservation 
Inc.
      Within the funds provided for the cultural program, 
$200,000 is to initiate planning authorized in the American 
Revolution Commemoration Act. The Service is strongly 
encouraged to include funding for this in the fiscal year 2007 
budget. The managers expect the Service to address the 
management and program issues detailed in the House report 
regarding the Chesapeake Bay Gateways and Water Trails program.
      The managers have once again provided funding for the 
Center for Preservation Technology and Training in Louisiana. 
The creation of this facility was recommended to the Committee 
by the National Park Service, yet the budget request did not 
include these funds. The managers strongly urge the Service to 
include adequate funding for the Center in future budget 
requests.
      The conference agreement provides $1,618,000 for 
international park affairs, the same as the House and Senate. 
The conference agreement provides $399,000 for environmental 
and compliance review, the same as the House and the Senate. 
The conference agreement provides $1,913,000 for grant 
administration, the same as the House and the Senate.
      The conference agreement provides $13,400,000 for 
designated heritage areas and $100,000 for administration. 
Funds are to be distributed as follows:

        Project                                                   Amount
America's Agricultural Heritage Partnership.............        $700,000
Augusta Canal National Heritage Area....................         350,000
Automobile National Heritage Area.......................         450,000
Blue Ridge National Heritage Area.......................         800,000
Cane River National Heritage Area.......................         800,000
Delaware and Lehigh National Heritage Corridor..........         750,000
Erie Canalway National Heritage Corridor................         650,000
Essex National Heritage Area............................         800,000
Hudson River Valley National Heritage Area..............         450,000
John H. Chafee Blackstone River Valley National Heritage 
    Corridor............................................         800,000
Lackawanna Valley National Heritage Area................         500,000
Mississippi Gulf Coast National Heritage Area...........         200,000
National Aviation Heritage Area.........................         200,000
National Coal Heritage Area.............................         100,000
Ohio & Erie Canal National Heritage Corridor............         800,000
Oil Region National Heritage Area.......................         200,000
Quinnebaug & Shetucket Rivers Valley National Heritage 
    Corridor............................................         800,000
Rivers of Steel National Heritage Area..................         800,000
Schuykill River Valley National Heritage Center.........         450,000
Shenandoah Valley Battlefields National Historic 
    District............................................         450,000
South Carolina National Heritage Corridor...............         800,000
Tennessee Civil War Heritage Area.......................         400,000
Wheeling National Heritage Area.........................         800,000
Yuma Crossing National Heritage Area....................         350,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal..........................................      13,400,000
Technical Support.......................................         100,000
                    ========================================================
                    ____________________________________________________
      Total, Heritage Partnership Programs..............      13,500,000

      The conference agreement provides $7,108,000 for 
statutory or contractual aid, instead of no funding as proposed 
by the House and $8,225,000 as proposed by the Senate. The 
funds provided are to be distributed as follows:

        Project                                                   Amount
Brown Foundation........................................        $250,000
Chesapeake Bay Gateways & Water Trails..................       1,500,000
Crossroads of the West Historic District................         500,000
Delta Interpretive Center, MS...........................       1,000,000
Ft. Mandan, Ft. Lincoln, and No. Plains Foundations.....         625,000
Harper's Ferry NHP (Niagara Movement)...................         300,000
Ice Age National Scientific Reserve.....................         785,000
Jamestown 2007 (moved from ONPS)........................         400,000
Johnstown Area Heritage Association.....................          48,000
Lamprey River...........................................         600,000
Native Hawaiian culture & arts program..................         600,000
Siege and Battle of Corinth Commission (Contraband Camp)         500,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................       7,108,000

                       Historic Preservation Fund

      The conference agreement provides $73,250,000 for the 
historic preservation fund instead of $72,705,000 as proposed 
by the House and $74,500,000 as proposed by the Senate.
      Changes to the House level include increases of $250,000 
for States and Territories and $795,000 for Indian tribes. 
Decreases to the House level include $500,000 for historically 
black colleges and universities.
      The conference agreement includes a total of $30,000,000 
for Save America's Treasures. Of this amount, $13,250,000 is 
for competitive grants, of which $5,000,000 is provided for 
Preserve America grants, and the balance of the funds are to be 
distributed as follows:
        Project/State                                             Amount
Actors Theatre, KY......................................        $150,000
Anaconda-Deer Lodge Courthouse, MT......................         150,000
Athenaeum, VA...........................................          75,000
Beacon Island Agate Basin Site, ND......................         250,000
Bethel Cultural Arts Center, SC.........................         200,000
Black Horse Tavern, PA..................................         150,000
Brooklyn Arts Center at St. Andrews, Wilmington, NC.....         180,000
Brookville Historic District, PA........................         150,000
Bulgarian-Macedonian National Educational and Cultural 
    Center..............................................         150,000
Bushrod Crawford/MoClellan's HQ Building, WV............         250,000
Calfax Depot, CA........................................          50,000
Cambria Iron Works, PA..................................         200,000
Campo de Cahuenga, CA...................................          75,000
Carlyle House, VA.......................................          50,000
Carnegie Library Building, Missoula, MT.................         400,000
Church of the Advocate, PA..............................         125,000
Copiah County Courthouse, MS ,..........................         225,000
Elson Mill, OH..........................................         200,000
Fair Park, TX...........................................         100,000
Fort Mitchell NHL, AL...................................         140,000
Freedmen's Cemetery, VA.................................          75,000
Ft. Gratiot Lighthouse, MI..............................         400,000
Ft. Ticonderoga Pavillion, NY...........................         150,000
Gadsby's Tavern, VA.....................................          50,000
Graycliff Estate, NY....................................         150,000
Greene Courthouse, MO,..................................         100,000
Hayes Presidential Home, OH.............................         400,000
Heroine Steamboat, OK...................................         200,000
Hickman House, MO.......................................         250,000
High Bridge Stairway, Bronx, NY.........................         200,000
Hinds County Courthouse, Raymond, MS....................         225,000
Historic Bethlehem Partnership, 1762 Waterworks, PA.....         150,000
Hudson Coal Company Shanty & Fan House, PA..............         200,000
Indiana Harbor Branch library, IN.......................         200,000
Jasper Courthouse, MO...................................         100,000
Jens Jensen Park, IL....................................         175,000
John C. Campbell Folk School, NC........................         200,000
John List House, WV.....................................         250,000
Kam Wah Chung & Co. Museum, OR..........................         400,000
Lac du Flambeau Boys & Girls Indian School..............          95,000
Landmark Theatre, NY....................................         240,000
Las Vegas Historic Post Office, NV......................         540,000
Liberty Memorial Museum, MO.............................         300,000
McKelvy House at Lafayette College, PA..................         250,000
Minnequa Steel Works Archives & Museum, CO..............         200,000
Mission San Miguel, CA..................................         300,000
Monroe Courthouse, MS...................................         150,000
Montrose City Hall Renovation, CO.......................         100,000
Moravian College, PA....................................         140,000
Morristown College, Morristown, TN......................         175,000
Moundville Archaeological Park, AL......................         500,000
Mount Royal Station & Train Shed, MD....................         300,000
Mt. Sterling Methodist Church, KY.......................         250,000
Murray Schoolhouse, CA..................................          30,000
Ocean Springs Community Center, MS......................         100,000
Old Capitol Museum, IA..................................         365,000
Olympic Stadium, WA.....................................         150,000
Palace Theatre Renovations, Columbus, OH................         250,000
Pantages Theater, WA....................................         150,000
Pearl Buck House, PA....................................         140,000
Pelham Picture House, NY................................         200,000
Pennsylvania House, OH..................................         200,000
Plaza House and Vickrey-Brunswig Complex, CA............         200,000
Preservation Maryland Tobacco Barns, MD.................         200,000
President Benjamin Harrison Home, IN....................         200,000
Randolph County Community Arts Center, WV...............         140,000
Rev. Harrison House Museum, MA..........................         250,000
Roberson Museum and Science Center, NY..................         100,000
Shafter Research Center, CA.............................         200,000
Slater Memorial Park Bandshell, RI......................         100,000
Soldiers and Sailors Monument, OH.......................         100,000
St. Ann Arts & Cultural Center, RI......................         300,000
St. Luke AME Church, KS.................................         100,000
St. Martin Parish Courthouse, LA........................         150,000
Stanley Theater, NY.....................................         250,000
Tecumseh Theatre, OH....................................         200,000
Tioga County Council on the Arts, NY....................          20,000
Tule Lake Interment Camp, CA............................         200,000
USS Joseph P. Kennedy, MA...............................         300,000
Vermont History Center Auditorium, VT...................         300,000
Victory Memorial Drive Historic District, MN............         200,000
Waco Texas Mammoth Paleontology Site (preservation 
    building), TX.......................................         200,000
Walker-Eisen Building, CA...............................         150,000
Waterbury Historic Preservations, CT....................         200,000
Wilox Park, Westerly, RI................................         150,000
Woodstock Craftsmen Guild/Byrdcille Art Colony, NY......         130,000
Woodward Opera House, OH................................         140,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................      16,750,000

                              CONSTRUCTION

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement provides $301,291,000 for 
construction instead of $291,230,000 as proposed by the House 
and $299,201,000 as proposed by the Senate. The funds are to be 
distributed as follows:

        Project                                                   Amount
Abraham Lincoln Presidential Library & Museum...........      $1,000,000
Amistad NRA (upgrade water & wastewater systems, Diablo 
    East)...............................................       1,003,000
Big Bend NP (curatorial)................................       2,100,000
Blue Ridge Parkway (replace Otter Creek Bridge & 
    campground services)................................         804,000
Blue Ridge Parkway (visitor center).....................       3,500,000
Boston Harbor Islands NRA (construct floating docks)....         832,000
Boston NHP (Bldg. 5)....................................       3,082,000
Chaco Culture NHP (replace & upgrade curation facilities 
    w/ UNM).............................................       4,238,000
Chesapeake & Ohio Canal NHP (rehab Great Falls visitor 
    ctr. & facilities)..................................       1,847,000
Cumberland Island NS (Plum Orchard home)................       3,247,000
Cuyahoga Valley NP (rehab)..............................       2,500,000
Delaware Water Gap NRA (cabins).........................         700,000
Delaware Water Gap NRA (replace Depew recreations site).       2,871,000
Everglades NP (modified water delivery system)..........      25,000,000
Fire Island NS (West Entrance Ranger Sta. and construct 
    restrooms)..........................................         764,000
Flight 93 Memorial......................................       1,000,000
Fort Larned NHS (North Officers' Quarters)..............       1,159,000
Fort Washington Park (stabilization)....................       2,876,000
George Washington Mem. Parkway (rehab Arlington House)..       1,251,000
Glacier NP (remove hazmat and correct fire egress at 
    Many Glacier hotel).................................         758,000
Grand Portage NM (establish heritage center)............       4,000,000
Gulf Islands NS (rehab Ft. Pickens water system)........         971,000
Harpers Ferry NHP (rehab Jackson Hs, School Hs Ridge 
    trails/ways., Arm.).................................         510,000
Homestead NM (visitor center/heritage museum and 
    education center)...................................       3,690,000
Hopewell Culture NHP (salvage arch. resources threatened 
    by erosion).........................................         389,000
Hot Springs NP (rehab bathhouses).......................       6,059,000
Independence NHP (Mall landscaping/infrastructure)......       2,000,000
John H. Chafee Blackstone River Valley NHC..............         500,000
Kalaupapa NHP (replace non-compliant cesspools).........       3,779,000
Kenai Fjords NP (multi-agency center)...................         495,000
Keweenaw NHP (Calumet & Hecla Bldg rehab, Phase II).....       1,650,000
Little Rock Central High School NHS (complete visitor 
    center).............................................       5,100,000
Mark Twain Boyhood Home NHL (restoration)...............         400,000
Moccasin Bend NAD (erosion).............................       2,000,000
Mt. Rainier NP (rehab structural components at Paradise 
    Inn and Annex)......................................       7,900,000
Mt. Rainier NP (replace Jackson Visitor Ctr and rehab 
    parking areas)......................................      14,307,000
New River Gorge NR (various)............................         769,000
Olympic NP (Elwha River ecosystem)......................       5,000,000
Pinnacles NM (relocate and replace maintenance & visitor 
    facilities).........................................       4,794,000
Redwood NP (protect park resources by removing failing 
    roads)..............................................       2,169,000
San Francisco Maritime NHP (repair Sala Burton Maritime 
    Museum bldg.).......................................       4,350,000
Saugus Iron Works NHS (rehab resources for accessibility 
    and safety).........................................       1,334,000
Shenandoah NP (rehab & remodel Panorama facility as 
    visitor/learning ctr)...............................       4,835,000
Shiloh NMP (Corinth interpretation).....................         500,000
Southwest Pennsylvania Heritage Commission..............       2,500,000
Statue of Liberty/Ellis Island NM (rehab Ellis Island 
    seawall)............................................       8,452,000
Tuskegee Airmen NHS (preserve and rehab Moton Airfield 
    site)...............................................       6,767,000
Utah Public Lands Artifact Preservation Act.............       4,000,000
Valley Forge NHP (George Washington's headquarters).....       2,326,000
Western Artic National Parklands (NW Alaska Heritage Ctr 
    & admin. facil.)....................................      12,733,000
White House (structural and utility rehab)..............       6,523,000
Wind Cave NP (replace failing wastewater treatment 
    facility)...........................................       4,928,000
Wolf Trap NP (replace Main Gate facility, Filene Ctr; 
    Phase 2)............................................       3,000,000
Yellowstone NP (Old Faithful Inn).......................      11,118,000
Yellowstone NP (replace Madison wastewater facility)....       4,114,000
Yellowstone NP (replace Old Faithful Visitor Center)....      11,175,000
Yosemite NP (replace haz. gas disinfect. sys., El Portal 
    waste. plant).......................................       2,176,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, Line Item...............................     217,845,000
Emergency/unscheduled projects..........................       3,000,000
Housing replacement.....................................       7,000,000
Dam safety..............................................       2,662,000
Equipment replacement...................................      26,000,000
Construction planning...................................      19,925,000
Construction program management.........................      28,105,000
General management planning.............................      13,754,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal, (before use of priors)..................     318,291,000
Use of prior year unobligated balances..................     -17,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................     301,291,000
      The funds provided for general management planning should 
be expended consistent with project directives in both the 
House and Senate reports.
      Funds provided for Big Bend NP (curatorial facility), 
Grand Portage NM (heritage center), Homestead NM (visitor 
center), Little Rock Central High School NHS (visitor center), 
Wolf Trap (main gate facility) and Yellowstone NP (Old Faithful 
visitor center) are intended to complete these projects.
      Funds provided for the Flight 93 National Memorial may 
not be used for land acquisition. The Service is strongly 
encouraged to reduce dramatically the amount of land required 
for this project.
      The managers expect the National Park Service and the 
legislated partners for the Dayton Aviation Heritage National 
Historical Park to collaborate in the development of a priority 
list of requirements needed to fulfill the authorized mission 
of the park. Such a list should give consideration to both the 
recurring and non-recurring needs of the park, and should serve 
as a framework for guiding decisions about the most important 
investments needed to further the park's purpose. The managers 
recognize that the National Aviation Heritage Area may have a 
separate set of priorities, but the priorities for the park and 
heritage area should complement one another.
      The managers direct the National Park Service to explore 
viable ways to encourage the sale, by concessioners or via 
lease agreements (in accordance with real property leasing 
authority, 36 CFR Part 17), of authentic American made 
souvenirs, which reflect, educate, and celebrate the unique 
history, spirit, culture, and natural treasures of the 
designated region and individual park, either through existing 
concessioner retail operations or other appropriate agreements. 
The managers expect a written report detailing progress made by 
December 1, 2006.
      The managers encourage the Secretary to give priority 
consideration for funding in the next round of Southern Nevada 
Public Lands Management Act project approvals to the water and 
wastewater system improvements that were proposed in the fiscal 
year 2006 budget request for Lake Mead National Recreation 
Area. The managers are aware that nearly $1 billion in revenues 
will be available in fiscal year 2006. Of that amount, the 
Secretary of the Interior controls 85 percent. Projects such as 
these should be funded from this source and not requested in 
the budget.
      The managers understand that private funds already raised 
toward replacement visitor facilities at the U.S.S. Arizona 
Memorial are available for planning and design of the new 
facility. The National Park Service is nearing completion of 
its review of this partnership construction project, and is 
encouraged to complete the review and advance the project to 
the next stage as expeditiously as possible. Before final 
approval, the Director of the National Park Service should 
forward to the House and Senate Committees on Appropriations 
the details of the financing of this project. The managers 
understand that the present facility is undersized for the 
visitation to this park site, and that a new facility is needed 
to address functional and structural requirements.
      Bill language.--The conference agreement provides 
$400,000 for the Mark Twain Boyhood Home NHL to be derived from 
the Historic Preservation Fund. The agreement also includes 
language proposed by the Senate permitting a solicitation that 
includes the full scope of the contract for the Jackson Visitor 
Center replacement and rehabilitation of the Paradise Inn and 
Annex at Mount Rainier NP.
      The managers have included $25,000,000 for the purpose of 
implementing the Modified Water Deliveries to Everglades 
National Park project which will allow the Army Corps of 
Engineers to continue this important restoration project so as 
to restore more natural water flows to the park. The 
$25,000,000 is subject to the reporting requirements of P.L. 
108-108 and the availability of the funds is contingent upon 
the appropriation and full availability of funds appropriated 
to the Army Corps of Engineers for the purpose of implementing 
the project, including the development of detailed design 
documents for a bridge or series of bridges for Tamiami Trail 
that will allow for restored water flows between the water 
conservation areas and Everglades National Park.

                    LAND AND WATER CONSERVATION FUND

                              (RESCISSION)

      The conference agreement rescinds the contract authority 
provided for fiscal year 2006 by 16 U.S.C. 460l-10a as proposed 
by both the House and the Senate.

                 LAND ACQUISITION AND STATE ASSISTANCE

      The conference agreement provides $64,909,000 for land 
acquisition and State assistance instead of $9,421,000 as 
proposed by the House and $86,005,000 as proposed by the 
Senate.
      The managers agree to the following distribution of 
funds:

        Area (State)                                              Amount
Big Thicket National Preserve (TX)......................      $2,000,000
Chickamauga-Chattanooga NMP (TN)........................       1,800,000
Civil War Battlefield Sites (Grants)....................       3,000,000
Gauley River NRA (WV)...................................         500,000
Golden Gate NRA (CA)....................................         525,000
Haleakala NP (HI).......................................       3,700,000
Harpers Ferry NHP (WV)..................................       2,000,000
Ice Age NST (WI)........................................       1,000,000
Lewis and Clark NHP (OR/WA).............................       1,600,000
New River Gorge NSR (WV)................................       2,000,000
Pinnacles NM (CA).......................................       3,000,000
Piscataway Park (MD)....................................         700,000
Shenandoah Valley Battlefields NHD (VA).................       1,000,000
Sleeping Bear Dunes NL (MI).............................       5,300,000
Wilson's Creek NB (MO)..................................       1,200,000
Wrangell-St. Elias NP & P (AK)..........................         750,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal..........................................      30,075,000
Emergencies and Hardships...............................       2,500,000
Acquisition Management..................................       9,749,000
Inholdings..............................................       2,500,000
Use of Prior Year Balances..............................      -9,915,000
Stateside Grants........................................      28,413,000
Stateside Administration................................       1,587,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................      64,909,000

      Bill Language.--The conference agreement includes 
language proposed by the Senate, providing that none of the 
funds provided for the State assistance program may be used to 
establish a contingency fund.
      The conference agreement rescinds $9,915,000 in prior 
year funds from the Cat Island project at Gulf Islands National 
Seashore, as proposed by the House.
      The managers agree that the heroic efforts by the 
passengers of Flight 93 should be remembered with a lasting 
memorial. Although no funds are provided for land acquisition, 
$1,000,000 is included in the construction account for planning 
activities.
      The managers have revised the reprogramming guidelines to 
specify that the reprogramming requirement for acquisitions in 
excess of appraised values does not apply to the National Park 
Service for condemnations, declarations of taking, and tracts 
with an appraised value of $500,000 or less. The revised 
reprogramming guidelines are contained in the front of the 
statement of the managers in this report.

                       ADMINISTRATIVE PROVISIONS

      The conference agreement does not include the 
longstanding proviso providing that none of the funds may be 
used to process any grant or contract documents which do not 
include the text of 18 U.S.C. 1913.

                    United States Geological Survey

                 Surveys, Investigations, and Research

      The conference agreement provides $976,035,000 for 
surveys, investigations, and research instead of $974,586,000 
as proposed by the House and $963,057,000 as proposed by the 
Senate.
      Mapping, Remote Sensing and Geographic Investigations.--
The change to the House level for mapping, remote sensing and 
geographic investigations is a decrease of $2,000,000 for the 
Landsat program.
      The managers direct the Survey to offset the decrease 
with reductions in travel, administrative streamlining and 
buyout savings throughout the Bureau.
      Geologic Hazards, Resources and Processes. Changes to the 
House level for geologic hazards, resources and processes 
include increases of $500,000 for Alaska gas hydrates, and 
decreases of $648,000 for Florida shelf research, $412,000 for 
Puget Sound and $1,134,000 for Alaska mineral assessments.
      The managers strongly disagree with the Administration's 
proposed reductions to the minerals assessment program and 
believe it is irresponsible for the Administration to decrease 
or eliminate funding for what is clearly an inherently Federal 
responsibility. The conference agreement restores funding for 
this vital program to the enacted level.
      Water Resources Investigations.--Changes to the House 
level for water resources investigations include increases of 
$500,000 for the Memphis aquifer study, $230,000 for the Ozark 
aquifer study, $1,250,000 to continue Tar Creek remediation 
with the University of Oklahoma, $900,000 for coalbed methane 
research on the Tongue River, $450,000 for water monitoring in 
Hawaii, $295,000 for Lake Champlain monitoring and a decrease 
of $450,000 for the San Pedro partnership.
      The managers are concerned by continuing reports that 
suggest the Survey's water resources program is providing or 
seeking to provide a variety of commercial services to Federal 
and non-Federal entities in direct competition with the private 
sector. The managers have previously encouraged the Survey to 
use the services of the private sector in the conduct of its 
activities wherever feasible, cost effective, and consistent 
with the quality standards and principles pertaining to the 
effective performance of governmental functions. The managers 
expect that the Survey should strive to implement such a policy 
to the best of its ability in the performance of its work.
      The managers agree that if the San Francisco South Bay 
salt ponds project is a priority for the Survey, additional 
funding should be requested in future budgets.
      The managers agree to continue the Lake Champlain 
monitoring and research assessment activities and have included 
increased funding of $295,000 to restore the program to the 
enacted level. Future budget requests should include sufficient 
funds for these operations.
      The managers agree that the Survey's participation in the 
Long Term Estuary Assessment program should be continued at the 
current year enacted level.
      Biological Research.--Changes to the House level for 
biological research include increases of $100,000 for the 
invasive species initiative, $350,000 to complete the Mark 
Twain National Forest mining study, $800,000 for molecular 
biology research at the Leetown Science Center, $200,000 for 
the multidisciplinary water study at Leetown Science Center, 
$350,000 for pallid sturgeon research, $200,000 for the 
diamondback terrapin study, $400,000 to complete the Northern 
Continental Divide Ecosystem study in Montana, $55,000 to 
restore the base funding for Cooperative Research Units, 
$400,000 for remote survey and monitoring equipment for the 
ivory-billed woodpecker in Arkansas, $200,000 for the 
University of Missouri-Columbia to establish a wetland ecology 
center for excellence, and decreases of $150,000 for a database 
of invasive species on national wildlife refuges and $185,000 
for equipment for the Anadromous Fish Research Center.
      The managers have included a portion of the requested 
funding increase for the invasive species initiative and direct 
the Survey to fund the leafy spurge eradication program 
proposed in the request.
      The managers have included funding for ivory-billed 
woodpecker survey efforts in Arkansas. The funding should be 
used in collaboration with Cornell University's Laboratory of 
Ornithology and the U.S. Fish and Wildlife Service to conduct 
aerial and ground surveys using remote video and acoustic 
technologies.
      The managers understand funding provided to the 
University of Missouri-Columbia for the establishment of a 
wetland ecology center of excellence should be used for one-
time start-up costs and this funding will not be included in 
future appropriations.
      The managers remain concerned about the National 
Biological Information Infrastructure program. No clearly 
coordinated budgetary and programmatic plan has emerged for its 
expansion, and the managers remain concerned about the reason 
an Internet-based program that hosts biological information 
must be geographically distributed.
      The managers understand that the multidisciplinary water 
study at Leetown Science Center is nearing completion. The 
Survey should provide a brief report to the House and Senate 
Committees on Appropriations by December 31, 2005, evaluating 
the research that has been conducted to date and outlining 
what, if any, issues remain to be addressed in order to finish 
the project.
      Science Support.--The change to the House level for 
science support is a decrease of $2,000,000 for the Landsat 
program.
      The managers direct the Survey to offset the decrease 
with reductions in travel, administrative streamlining and 
buyout savings throughout the Bureau.
      Bill Language.--The conference agreement modifies 
language included in both the House and Senate bills allowing 
the Survey to publish and disseminate data.

                       ADMINISTRATIVE PROVISIONS

      The conference agreement includes language proposed by 
the Senate that contained minor technical differences from the 
House.

                      Minerals Management Service

                ROYALTY AND OFFSHORE MINERALS MANAGEMENT

      The conference agreement provides $153,651,000 for 
royalty and offshore minerals management instead of 
$152,676,000 as proposed by the House and $152,516,000 as 
proposed by the Senate. The managers agree to the following 
changes to the House recommendations:
      1. The leasing and environmental program includes an 
earmark of $150,000 within available funds for the Alaska 
Whaling Commission as proposed by the Senate and there is a 
decrease of $175,000 for fixed costs.
      2. Resource evaluation includes an increase of $900,000 
for the Center for Marine Resources, MS as proposed by the 
Senate and a decrease of $100,000 for fixed costs.
      3. The regulatory program has a decrease of $200,000 for 
fixed costs.
      4. The information management program has a decrease of 
$200,000 for fixed costs.
      5. Royalty management includes an increase of $1,000,000 
for the State and tribal audit program.
      6. General administration includes fixed cost decreases 
of $250,000 for administrative operations and $150,000 for 
general support services.
      7. The Department is undertaking a study of the impacts 
of the merger of the GovWorks program into the National 
Business Center. This study will also include an assessment of 
the impact that this organizational realignment will have on 
MMS's ability to carry out its mission. The managers understand 
that an initial organizational transfer will commence at the 
beginning of the fiscal year, but before the final commencement 
of the restructuring, the managers expect to receive a report 
on the impacts of the merger.

                           OIL SPILL RESEARCH

      The conference agreement provides $7,006,000 for oil 
spill research as proposed by both the House and the Senate.

          Office of Surface Mining Reclamation and Enforcement

                       REGULATION AND TECHNOLOGY

      The conference agreement provides $110,535,000 for 
regulation and technology as proposed by both the House and the 
Senate. This total includes an indefinite appropriation 
estimated to be $100,000.

                    ABANDONED MINE RECLAMATION FUND

      The conference agreement provides $188,014,000 for the 
abandoned mine reclamation fund as proposed by both the House 
and the Senate. The managers note that bill language within 
Title I, general provisions, provides an extension until June 
30, 2006, of the Secretary's authority to collect fees pursuant 
to the Surface Mining Control and Reclamation Act. The 
conference agreement includes the bill language proposed by the 
House which provides for a one-time transfer of the balance in 
the fund for the rural abandoned mine program, which hasnot 
been used for 10 years, to the Federal share fund, so the funds could 
be used in the future for emergencies and other Federal obligations. 
The conference agreement also includes the bill language recommended by 
the Senate concerning special grant authorities for Maryland's acid 
mine abatement program.

                        Bureau of Indian Affairs

                      OPERATION OF INDIAN PROGRAMS

      The conference agreement provides $1,991,490,000 for the 
operation of Indian programs instead of $1,992,737,000 as 
proposed by the House and $1,971,132,000 as proposed by the 
Senate.
      The managers agree that an alternative budget structure 
for the operation of Indian programs would provide greater 
opportunity for reviewing funding levels and assessing 
performance on a programmatic level. The managers are concerned 
that there was inadequate consultation with Tribes when 
preparing this new budget structure. The Bureau should follow 
previous guidance given in the House and Senate reports on this 
issue.
      Tribal Priority Allocations.--The change to the House 
level for tribal priority allocations is a decrease of $750,000 
for the Indian Child Welfare Act.
      Other Recurring Programs.--Changes to the House level for 
other recurring programs include increases of $12,500,000 for 
tribally controlled community colleges, $500,000 for technical 
assistance for tribally controlled community colleges, $210,000 
for fish hatchery maintenance, $98,000 for the Alaska Sea Otter 
Commission, $450,000 for the Bering Sea Fishermen's 
Association, $300,000 for the Chugach Regional Resources 
Commission, $350,000 for Lake Roosevelt management, and 
decreases of $12,000,000 for ISEP formula funding, $1,500,000 
for student transportation, $200,000 for irrigation operations 
and maintenance, $1,000,000 for the Washington State Fish and 
Wildlife program and $1,250,000 for the Chippewa Ottawa 
Resource Authority.
      The managers have included funding in the ISEP program 
and direct this increase to the Bureau's FOCUS program for 
assisting at-risk children, encouraging more parental 
participation in schools, and encouraging participation in 
after-school activities.
      The managers are aware that the Department is examining 
how to strengthen management of education programs and would 
consider a reprogramming from education program adjustments to 
support education management.
      The managers have retained the increases provided in both 
the House and Senate bills for the Intertribal Bison 
Cooperative.
      Non-recurring Programs.--Changes to the House level for 
non-recurring programs include increases of $500,000 for the 
Rocky Mountain Patient Advocate program, $750,000 for the rural 
Alaska fire program, $1,500,000 for the Salish and Kootenai 
College information technology program, $1,500,000 for water 
management planning, $400,000 for Alaska legal services, and a 
decrease of $970,000 for the endangered species program.
      The managers expect funding provided for the Rocky 
Mountain Patient Advocate Program to be the last installment 
from this account. The program is expected to seek other 
methods of funding to become a self-sufficient, long term, 
advocacy program for Native Americans seeking health care.
      The managers agree that within the water management and 
planning program, $200,000 is for the operation, maintenance, 
and repair of the Fort Peck Reservation tribal water system.
      Special Programs and Pooled Overhead.--Changes to the 
House level for special programs and pooled overhead include 
increases of $49,000 for the United Tribes Technical College, 
$450,000 for the United Sioux Tribes Development Corporation, 
$1,250,000 for the Western Heritage Center tribal history and 
education project, $100,000 for the Rocky Mountain Tribal 
education symposia, $74,000 for the Crownpoint Institute and 
decreases of $4,500,000 for public safety and justice law 
enforcement and $58,000 for the National Ironworkers Training 
program.
      The managers believe that the United Tribes Technical 
College and Crownpoint Institute are institutions of higher 
learning that provide an educational benefit to Indian country 
and should be included in future budget requests.
      Bill Language.--The conference agreement includes 
language proposed by the Senate that continues to allow the use 
of contract support funds for indirect contract support costs. 
The House included language that allowed the use of contract 
support funds for both direct and indirect costs.
      The managers believe that any change to the allocation of 
contract support costs must be done formally with tribal 
consultation and any funding for direct contract support costs 
should be above the current levels provided for indirect 
contract support costs.

                              CONSTRUCTION

      The conference agreement provides $275,637,000 for 
construction instead of $284,137,000 as proposed by the House 
and $267,137,000 as proposed by the Senate. Changes to the 
House level include an increase of $7,500,000 for irrigation 
projects and decreases of $10,000,000 for replacement school 
construction, $1,000,000 for employee housing, and $5,000,000 
for facilities improvement and repair.
      The addition of $7,500,000 in non-reimbursable 
construction funds for Indian irrigation rehabilitation is 
separate from the Navajo Indian Irrigation Project, which 
retains its own construction budget of $12,773,000. Within the 
funds provided for Indian irrigation rehabilitation, a number 
of Bureau and tribal projects are in desperate need of 
immediate attention to continue delivering water to users. The 
Bureau is expected to consult with the House and Senate 
Committees on Appropriations, in the form of a detailed 
proposal, prior to obligating funds. The Bureau is expected to 
administer these funds from the central office program level to 
address projects with the greatest need of rehabilitation. 
Construction of new projects or expansion of existing projects 
is secondary to the rehabilitation, reconstruction, and 
necessary upgrade of current irrigation projects and systems. 
Specific projects to be addressed under these guidelines, and 
to be addressed in the Bureau's proposal for the obligation of 
these funds are: the Fort Yates Unit of the Standing Rock Sioux 
Project, the Blackfeet Irrigation Project, the Crow Irrigation 
Project, the Fort Belknap Irrigation Project, the Fort Peck 
Irrigation Project, and the Wind River Irrigation Project.

       INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

                          PAYMENTS TO INDIANS

      The conference agreement provides $34,754,000 for Indian 
land and water claim settlements and miscellaneous payments to 
Indians as proposed by the House instead of $24,754,000 as 
proposed by the Senate.
      The managers have agreed to $10,000,000 for the Quinault 
Indian Nation settlement and retained bill language included in 
the House that authorized the payment. The managers understand 
that this is the final payment for this settlement.

                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

      The conference agreement provides $6,348,000 for the 
Indian guaranteed loan program as proposed by both the House 
and the Senate.

                          Departmental Offices

                            Insular Affairs

                       ASSISTANCE TO TERRITORIES

      The conference agreement provides $76,883,000 for 
assistance to territories instead of $76,563,000 as proposed by 
the House and $76,683,000 as proposed by the Senate. Changes in 
funding levels from the House recommendation include the Senate 
recommendation for an additional $320,000 to continue judicial, 
court education, and court administration training.

                      COMPACT OF FREE ASSOCIATION

      The conference agreement provides $5,362,000 for the 
compact of free association as proposed by the House instead of 
$4,862,000 as proposed by the Senate. The conference agreement 
follows the funding recommendations made by the House.

                        DEPARTMENTAL MANAGEMENT

                         SALARIES AND EXPENSES

      The conference agreement provides $127,183,000 for 
departmental management instead of $97,755,000 as proposed by 
the House and $104,627,000 as proposed by the Senate. The 
changes described below are to the House recommended funding 
level.
      Management and Coordination.--Performance data 
contracting/financial management is reduced by $250,000.
      Central Services.--IT certification and accreditation is 
reduced by $322,000.
      Financial and Business Management System.--The conference 
agreement reduces the Financial and Business Management System 
by $1,000,000.
      Other Items.--The conference agreement restores 
$21,000,000 for necessary expenses for management of the 
Department of the Interior.
      Bill Language.--The conference agreement retains language 
proposed by the Senate deriving $7,441,000 from the Land and 
Water Conservation Fund for consolidated land acquisition 
appraisal services, and prohibiting the use of funds in this 
Act or previous appropriations Acts to establish reserves in 
the Working Capital Fund other than for accrued annual leave 
and depreciation of equipment without prior House and Senate 
Committee approval.

                       PAYMENTS IN LIEU OF TAXES

      The conference agreement provides $236,000,000 for 
payments in lieu of taxes instead of $242,000,000 as proposed 
by the House and $235,000,000 as proposed by the Senate.

                    CENTRAL HAZARDOUS MATERIALS FUND

      The conference agreement provides $9,855,000 for the 
central hazardous materials fund as proposed by the House and 
the Senate.
      The conference agreement includes language included in 
the Senate bill that makes provisions for this account 
permanent. The House did not include permanent language.

                        Office of the Solicitor

                         SALARIES AND EXPENSES

      The conference agreement provides $55,440,000 for the 
office of the solicitor instead of $55,340,000 as proposed by 
the House and $55,652,000 as proposed by the Senate. The change 
described below is to the House recommended funding level.
      General Administration.--Funding for a FOIA appeals 
support position is increased by $100,000.

                      Office of Inspector General

                         SALARIES AND EXPENSES

      The conference agreement provides $39,116,000 for office 
of inspector general as proposed by the Senate, instead of 
$39,566,000 as proposed by the House. The changes described 
below are to the House recommended funding level.
      Audits.--Funding for FISMA/audit capability is decreased 
by $300,000.
      Investigations.--Funding for additional audit staff is 
decreased by $150,000.

             Office of Special Trustee for American Indians

                         FEDERAL TRUST PROGRAMS

      The conference agreement provides $191,593,000 for 
Federal trust programs as proposed by both the House and the 
Senate. The managers have retained language contained in the 
House bill that caps the total amount of funding that can be 
used for historical accounting activities at $58,000,000.
      The managers are closely following efforts to settle the 
long-standing Cobell v. Norton case and reiterate their 
position that any settlement to the case must be implemented in 
such a way that the programs in this bill are not adversely 
affected. The House and Senate Committees on Appropriations 
will not consider any settlement that decreases available 
funding for programs in Indian country funded in this bill. 
Further, the managers disagree with the continued insistence by 
the court that the Department of the Interior, to fulfill the 
intent of Congress, must perform a full historical accounting. 
This results in the Department of the Interior being forced to 
divert resources and negatively impacts programs in Indian 
country.

                       INDIAN LAND CONSOLIDATION

      The conference agreement provides $34,514,000 for Indian 
land consolidation programs as proposed by both the House and 
the Senate.

           Natural Resource Damage Assessment and Restoration

                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

      The conference agreement provides $6,106,000 for the 
natural resource damage assessment fund as proposed by both the 
House and the Senate.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

      Sec. 101. The conference agreement modifies a provision 
in section 101 of both the House and Senate bills, providing 
Secretarial authority to transfer program funds for 
expenditures in cases of emergency when all other emergency 
funds are exhausted.
      Sec. 102. The conference agreement modifies a provision 
in section 102 of both the House and Senate bills, providing 
for expenditure or transfer of funds by the Secretary in the 
event of actual or potential emergencies including forest 
fires, range fires, earthquakes, floods, volcanic eruptions, 
storms, oil spills, grasshopper and Mormon cricket outbreaks, 
and surface mine reclamation emergencies. The modification 
requires transferred funds to be replenished by a supplemental 
appropriation and to be reimbursed on a pro rata basis.
      Sec. 103. The conference agreement retains an identical 
provision in section 103 of both the House and Senate bills, 
continuing a provision providing for use of appropriated funds 
for contracts, rental cars and aircraft, certain library 
memberships, and certain telephone expenses.
      Sec. 104-106. The conference agreement retains identical 
provisions in sections 104-106 of both the House and Senate 
bills, continuing provisions prohibiting the expenditure of 
funds for Outer Continental Shelf (OCS) leasing activities in 
certain areas.
      Sec. 107. The conference agreement retains an identical 
provision in section 108 of the House bill and section 107 of 
the Senate bill, continuing a provision permitting the transfer 
of funds between the Bureau of Indian Affairs and the Office of 
Special Trustee for American Indians.
      Sec. 108. The conference agreement retains a provision in 
section 108 of the Senate bill, continuing through fiscal year 
2010 a provision that allows the hiring of administrative law 
judges to address the Indian probate backlog. The House had a 
similar provision in section 109 of the House bill.
      Sec. 109. The conference agreement retains an identical 
provision in section 110 of the House bill and section 109 of 
the Senate bill, continuing a provision permitting the 
redistribution of tribal priority allocation and tribal base 
funds to alleviate funding inequities.
      Sec. 110. The conference agreement retains a provision in 
section 110 of the Senate bill, continuing a provision 
requiring the allocation of Bureau of Indian Affairs 
postsecondary schools funds consistent with unmet needs. The 
House had a similar provision in section 111 of the House bill.
      Sec. 111. The conference agreement retains an identical 
provision in section 112 of the House bill and section 111 of 
the Senate bill, continuing a provision permitting the 
conveyance of the Twin Cities Research Center of the former 
Bureau of Mines for the benefit of the National Wildlife Refuge 
System.
      Sec. 112. The conference agreement retains an identical 
provision in section 113 of the House bill and section 112 of 
the Senate bill, continuing a provision authorizing the 
Secretary of the Interior to use helicopters or motor vehicles 
to capture and transport horses and burros at the Sheldon and 
Hart National Wildlife Refuges.
      Sec. 113. The conference agreement modifies an identical 
provision in section 114 of the House bill and section 113 of 
the Senate bill, continuing a provision allowing certain funds 
provided for land acquisition at the Shenandoah Valley 
Battlefield NHD and Ice Age NST to be granted to a State, a 
local government, or any other land management entity. The 
modification adds Niobrara NSR.
      Sec. 114. The conference agreement retains an identical 
provision in section 115 of the House bill and section 114 of 
the Senate bill, continuing a provision prohibiting the closure 
of the underground lunchroom at Carlsbad Caverns NP, NM.
      Sec. 115. The conference agreement retains a provision in 
section 116 of the House bill, continuing a provision 
preventing the demolition of a bridge between New Jersey and 
Ellis Island. The Senate had no similar provision.
      Sec. 116. The conference agreement retains an identical 
provision in section 117 of the House bill and section 115 of 
the Senate bill, continuing a provision limiting compensation 
for the Special Master and Court Monitor appointed by the Court 
in Cobell v. Norton to 200 percent of the highest Senior 
Executive Service rate of pay.
      Sec. 117. The conference agreement retains an identical 
provision in section 118 of the House bill and section 116 of 
the Senate bill, continuing a provision allowing the Secretary 
to pay private attorney fees for employees and former employees 
incurred in connection with Cobell v. Norton.
      Sec. 118. The conference agreement retains a provision in 
section 119 of the House bill dealing with the U.S. Fish and 
Wildlife Service's responsibilities for mass marking of 
salmonid stocks. The Senate had no similar provision.
      Sec. 119. The conference agreement retains an identical 
provision in section 121 of the House bill and section 117 of 
the Senate bill, continuing a provision prohibiting certain 
activities on lands described in section 123 of the Department 
of the Interior and Related Agencies Appropriations Act, 2001, 
or land that is contiguous to that land.
      Sec. 120. The conference agreement retains an identical 
provision in section 122 of the House bill and 118 of the 
Senate bill, continuing a provision prohibiting the use of 
funds to study or implement a plan to drain or reduce water 
levels in Lake Powell.
      Sec. 121. The conference agreement retains an identical 
provision in section 123 of the House bill and section 119 of 
the Senate bill, continuing a provision allowing the National 
Indian Gaming Commission to collect $12,000,000 in fees for 
fiscal year 2007.
      Sec. 122. The conference agreement retains a provision in 
section 120 of the Senate bill, continuing a provision making 
funds available to the tribes within the California Tribal 
Trust Reform Consortium and others on the same basis as funds 
were distributed in fiscal year 2003 and separates this 
demonstration project from the Department of the Interior's 
trust reform organization. The House had a similar provision in 
section 124 of the House bill.
      Sec. 123. The conference agreement retains an identical 
provision in section 125 of the House bill and section 121 of 
the Senate bill, continuing a provision dealing with grazing 
permits in the Jarbidge field office of the Bureau of Land 
Management.
      Sec. 124. The conference agreement retains an identical 
provision in section 126 of the House bill and section 122 of 
the Senate bill, continuing a provision authorizing the 
Secretary of the Interior to acquire lands for the operation 
and maintenance of facilities in support of transportation of 
visitors to Ellis, Governors, and Liberty Islands.
      Sec. 125. The conference agreement retains a provision in 
section 127 of the House bill, continuing a provision regarding 
special use grazing permits on the Mojave National Preserve, 
CA. The Senate had no similar provision.
      Sec. 126. The conference agreement retains a provision in 
section 123 of the Senate bill, continuing a provision 
implementing rules concerning winter snowmobile use in 
Yellowstone National Park. The House had a similar provision 
with a slight technical difference in section 128 of the House 
bill.
      Sec. 127. The conference agreement retains a provision in 
section 124 of the Senate bill, requiring the Secretary of the 
Interior to obtain the approval of the governing body of an 
Indian tribe before closing or taking any other action relating 
to a school of the tribe. The House had no similar provision.
      Sec. 128. The conference agreement retains a provision in 
section 126 of the Senate bill, extending authority of the 
Kalaupapa National Historic Park Advisory Commission. The House 
had no similar provision.
      Sec. 129. The conference agreement retains a provision in 
section 127 of the Senate bill, extending the authority of the 
Secretary of the Interior to collect fees pursuant to the 
Surface Mining Control and Reclamation Act until June 20, 2006.
      Sec. 130. The conference agreement includes a new 
provision prohibiting the use of funds to set up Centers of 
Excellence and Partnership Skills Bank training without prior 
approval.
      Sec. 131. The conference agreement modifies a provision 
in section 430 of the Senate bill that authorizes the National 
Park Service to assess a fee on overnight lodging guests at 
leased Fort Baker buildings in Golden Gate National Recreation 
Area to pay the operating expenses associated with the 
utilities and shuttle system of those facilities at Fort Baker. 
The House had no similar provision.
      Sec. 132. The conference agreement modifies a provision 
in section 431 of the Senate bill, authorizing the retention of 
campground fees at Great Smoky Mountains National Park. The 
House had no similar provision.
      Sec. 133. The conference agreement modifies a provision 
in section 438 of the Senate bill, providing for a feasibility 
study on designation of the Captain John Smith Chesapeake 
National Historic Watertrail as a national historic trail. The 
modification requires an analysis of the impacts on privately 
owned land and water. The House had no similar provision.
      Sec. 134. Provides $10,000,000 for the Martin Luther 
King, Jr. Memorial in Washington, DC, and extends for two years 
the authorization for the Memorial. The funds provided in this 
section are to be matched by the newly raised, non-Federal 
funds.
      The conference agreement does not include a provision in 
section 107 of the House bill prohibiting the National Park 
Service from reducing recreation fees for non-local travel 
through any park unit.
      The conference agreement does not include a provision in 
section 120 of the House bill dealing with paying for 
operational needs at the Midway Atoll National Wildlife Refuge 
airport using funds appropriated under the ``Departmental 
Management, Salaries and Expenses'' appropriation.
      The conference agreement does not include a provision in 
section 129 of the House bill, limiting the use of funds for 
staffing for the Department of the Interior's Office of Law 
Enforcement and Security. The Department has assured the 
managers that staffing will be limited to 34 full time 
equivalent employees and eight detailed staff, except in the 
event of an emergency.
      The conference agreement does not include a provision in 
section 125 of the Senate bill authorizing the Secretary of the 
Interior to collect and retain parking fees at the U.S.S. 
Arizona Memorial. The managers understand that the Department 
has determined that the Secretary currently has such authority 
pursuant to the Federal Lands Recreation Enhancement Act 
(FLREA).

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

      The conference agreement provides $741,722,000 for 
science and technology instead of $765,340,000 as proposed by 
the House and $730,795,000 as proposed by the Senate. Changes 
to the House recommended level are described below.
      Air Toxics and Quality.--In air toxics and quality, there 
is a decrease of $619,000 for the clean air allowance trading 
programs.
      Climate Protection.--In climate protection programs, 
there is a decrease of $1,000,000.
      Research/Congressional Priorities.--The conference 
agreement provides a total of $33,275,000 for high priority 
projects, a decrease of $6,725,000 below the House recommended 
level. The managers have not agreed to a competitive 
solicitation this year for these programs. This issue may be 
revisited in future years. The managers agree to the following 
distribution of funds:

------------------------------------------------------------------------
              State                      Project name           Amount
------------------------------------------------------------------------
 1. AL...........................  University of South          $500,000
                                    Alabama Center for
                                    Estuarine Research.
 2. CA...........................  Central California Ozone      375,000
                                    Study, San Joaquin
                                    Valleywide Air
                                    Pollution Study Agency.
 3. CA...........................  Irrigation Training and     1,200,000
                                    Research Center--Cal
                                    Poly., San Luis Obispo
                                    Flow Rate Measurement.
 4. DE...........................  Center for the Study of       250,000
                                    Metals in the
                                    Environment at the
                                    University of Delaware.
 5. FL...........................  FL Dept. of Citrus          1,000,000
                                    Abscission Chemical
                                    Studies.
 6. ID...........................  Boise State University        500,000
                                    to continue research on
                                    multi-purpose sensors
                                    to detect and analyze
                                    contaminants and time-
                                    lapse imaging of
                                    shallow subsurface
                                    fluid flow.
 7. IL...........................  Clean Air Counts program      800,000
                                    emission reduction
                                    partnership with the
                                    Illinois Environmental
                                    Protection Agency.
 8. KY...........................  University of Louisville    1,500,000
                                    Lung Biology/
                                    Translational Lung
                                    Disease Program.
 9. LA...........................  Louisiana Smart Growth        500,000
                                    program in the State of
                                    Louisiana.
10. NC...........................  UNC Charlotte VisualGRID      500,000
11. ND...........................  Center for Air Toxic        2,000,000
                                    Metals, EERC at the
                                    University of North
                                    Dakota.
12. NM...........................  National Environmental        500,000
                                    Respiratory Center
                                    [NERC] at the Lovelace
                                    Respiratory Research
                                    Institute in
                                    Albuquerque, New Mexico.
13. NY...........................  Alfred University Center      750,000
                                    for Environmental and
                                    Energy Research.
14. NY...........................  Environmental Systems       2,000,000
                                    Center of Excellence at
                                    Syracuse Univ., NY
                                    Indoor Environment
                                    Quality.
15. OH...........................  Ohio University               500,000
                                    Consortium for Energy,
                                    Economics, and the
                                    Environment.
16. OH...........................  The Ohio State                500,000
                                    University Olentangy
                                    River Wetlands Park
                                    Teaching, Research, and
                                    Outreach Initiative.
17. SD...........................  Missouri River Institute      400,000
                                    at the University of
                                    South Dakota.
18. TN...........................  University of Memphis         500,000
                                    Groundwater Institute
                                    to conduct a
                                    groundwater study.
19. TN...........................  University of Tennessee       500,000
                                    at Knoxville Natural
                                    Resources Policy Center.
20. TX...........................  Comprehensive assessment      200,000
                                    of Lake Whitney at
                                    Baylor University.
21. TX...........................  Environmental program at      450,000
                                    the Water Policy
                                    Institute at Texas Tech
                                    University.
22. TX...........................  Mickey Leland National      1,500,000
                                    Urban Air Toxic
                                    Research Center.
23. TX...........................  Poultry science project       200,000
                                    at Stephen F. Austin
                                    State University.
24. TX...........................  Texas Air Quality Study     2,000,000
                                    2.
25. TX...........................  Texas Institute for           400,000
                                    Applied Environmental
                                    Research.
26. TX...........................  Texas State University        800,000
                                    System Geography and
                                    Geology Project.
27. VT...........................  Aiken Greening at the         400,000
                                    University of Vermont.
28. VT...........................  Proctor Maple Research        200,000
                                    Station in Underhill,
                                    Vermont.
29. WI...........................  Paper industry byproduct      250,000
                                    waste reduction
                                    research in Wisconsin.
30. WV...........................  National Alternative        2,000,000
                                    Fuels Training
                                    Consortium at West
                                    Virginia University.
31...............................  American Water Works        1,000,000
                                    Association Research
                                    Foundation.
32...............................  Consortium for Plant          750,000
                                    Biotechnology Research.
33...............................  Mine Waste Technology       2,100,000
                                    program at the National
                                    Environmental Waste
                                    Technology, Testing,
                                    and Evaluation Center.
34...............................  New England Green             750,000
                                    Chemistry Consortium.
35...............................  Southwest Center for        1,500,000
                                    Environmental Research
                                    and Policy.
36...............................  Water Environment           3,000,000
                                    Research Foundation.
37...............................  Water Systems Council       1,000,000
                                    Wellcare Program.
                                  --------------------------------------
    Total........................    ......................   33,275,000
------------------------------------------------------------------------

      Research: Clean Air.--In research: clean air, there are 
decreases of $600,000 for global change and $2,000,000 for 
national ambient air quality standards.
      Research: Clean Water.--In research: clean water, there 
is a decrease of $4,800,000 for water quality programs.
      Research: Human Health and Ecosystems.--In research: 
human health and ecosystems, there is an increase of $15,000 
for fellowships and decreases of $213,000 for endocrine 
disruptorresearch and $5,376,000 for other research, which 
includes decreases of $2,000,000 for exploratory grants, $600,000 for 
aggregate risks, $500,000 for condition assessments of estuaries in the 
Gulf of Mexico, and $2,276,000 for a general program reduction, which 
should be applied after consultation with the House and Senate 
Committees on Appropriations.
      Research: Land Protection.--In research: land protection, 
there is a decrease of $2,300,000 for land protection and 
restoration.
      Other.--The managers do not agree with the transfer of 
research funds to other offices. In addition to the offices 
mentioned in House Report 109-80, this direction applies to the 
Office of the Administrator, which was inadvertently omitted 
from the House report.

                 Environmental Programs and Management

      The conference agreement provides $2,381,752,000 for 
environmental programs and management instead of $2,389,491,000 
as proposed by the House and $2,333,416,000 as proposed by the 
Senate. Changes to the House recommended level are described 
below.
      Air Toxics and Quality.--In Federal support for air 
quality management, there are decreases of $5,000,000 for the 
clean diesel initiative and $5,000,000 for other program 
activities. Other decreases include $400,000 for radiation 
protection programs, $156,000 for stratospheric ozone domestic 
programs, and $1,600,000 for stratospheric ozone multilateral 
programs.
      Brownfields.--There is an increase of $362,000 for 
brownfields support.
      Climate Protection Programs.--In climate protection, 
there are increases of $500,000 for the energy star program and 
$1,500,000 for the methane to markets program.
      Compliance Monitoring.--There is a decrease of $3,184,000 
for compliance monitoring.
      Enforcement Programs.--In enforcement, there are 
increases of $1,500,000 for civil enforcement, $1,900,000 for 
criminal enforcement, and $500,000 for enforcement training.
      Environmental Protection/Congressional Priorities.--The 
conference agreement provides a total of $50,543,000 for high 
priority projects, an increase of $10,543,000 above the House 
recommended level. The managers have not agreed to a 
competitive solicitation this year for these programs. This 
issue may be revisited in future years. The managers agree to 
the following distribution of funds:

------------------------------------------------------------------------
              State                      Project Name           Amount
------------------------------------------------------------------------
 1. AL...........................  Alabama Department of        $500,000
                                    Environmental
                                    Management for a water
                                    and wastewater training
                                    program.
 2. CA...........................  Highland Learning Center    1,750,000
 3. CT...........................  Waste to Energy project       250,000
                                    in Stamford,
                                    Connecticut.
 4. CT...........................  Wastewater turbine            500,000
                                    technology project for
                                    the City of New Haven,
                                    Connecticut.
 5. FL...........................  University of West            500,000
                                    Florida Partnership for
                                    Environmental Research
                                    and Community Health
                                    [PERCH] program.
 6. HI...........................  Hawaii Island Economic        500,000
                                    Development Board's Big
                                    Island Recycle program.
 7. IA...........................  University of Northern        500,000
                                    Iowa to develop new
                                    environmental
                                    technologies for small
                                    business outreach.
 8. IA...........................  Water quality project in      500,000
                                    Storm Lake, Iowa.
 9. IL...........................  For an aquifer model of       938,000
                                    groundwater resources.
10. LA...........................  Grambling University in       200,000
                                    Louisiana for a water
                                    quality research
                                    program.
11. LA...........................  Lake Pontchartrain Basin      500,000
                                    Foundation lake
                                    restoration in
                                    Louisiana.
12. MA...........................  Environmental and             500,000
                                    science education
                                    program in New Bedford,
                                    Massachusetts.
13. MD...........................  Anacostia River Tidal       1,000,000
                                    Wetlands Project.
14. MO...........................  Ozarks Environmental and      500,000
                                    Water Resources
                                    Institute at Southwest
                                    Missouri State
                                    University.
15. MO...........................  Southwest Missouri Water    1,500,000
                                    Quality Improvement
                                    Project.
16. MS...........................  Environmental education       130,000
                                    initiative at Crow's
                                    Neck Environmental
                                    Education Center in
                                    Tishomingo County,
                                    Mississippi.
17. MT...........................  Air quality improvement     1,000,000
                                    program in Lincoln
                                    County, Montana.
18. NC...........................  EPA National Computer       2,000,000
                                    Center Research
                                    Triangle Park, NC
                                    Continuity of
                                    Operations/Disaster
                                    Recovery.
19. NE...........................  Lead-based paint hazard       500,000
                                    control program in
                                    Omaha, Nebraska.
20. NJ...........................  Restoration project in        300,000
                                    Greenwood Lake, New
                                    Jersey.
21. NV...........................  Walker Lake, Nevada           250,000
                                    Working Group's lake
                                    restoration program.
22. NY...........................  Central NY Watersheds in    1,500,000
                                    Onondaga and Cayuga
                                    Counties Water Quality
                                    Management.
23. NY...........................  Long Island Sound           1,800,000
                                    restoration.
24. NY...........................  Mohawk Valley, New York       250,000
                                    Water Authority's
                                    bacteria detection
                                    program.
25. OK...........................  Oklahoma Department of      2,000,000
                                    Environmental Quality
                                    to complete remediation
                                    work on Tar Creek.
26. OR...........................  Oregon Department of          250,000
                                    Environmental Quality
                                    site assessment program.
27. RI...........................  Waterfront stormwater         250,000
                                    management analysis in
                                    East Providence, Rhode
                                    Island.
28. VT...........................  Environmental clean-up        775,000
                                    and research programs
                                    in Lake Champlain,
                                    Vermont.
29. VT...........................  Storm water research          450,000
                                    program at the
                                    University of Vermont.
30. WA...........................  Northwest Straits             250,000
                                    Commission, Washington
                                    State University beach
                                    watchers marine
                                    resources program.
31. WA...........................  Rathdrum Prairie/Spokane      300,000
                                    Valley Aquifer study.
32. WA...........................  Spokane River Bi-State        250,000
                                    Non-Point Phosphorus
                                    study.
33. WV...........................  Canaan Valley Institute--   2,000,000
                                    On-going Operations.
34...............................  America's Clean Water       3,000,000
                                    Foundation On-Farm
                                    Assessment and
                                    Environmental Review
                                    Program.
35...............................  EPA Region 10               1,000,000
                                    environmental
                                    compliance.
36...............................  Groundwater Protection        650,000
                                    Council.
37...............................  National Assoc. of            500,000
                                    Development
                                    Organizations Training
                                    and Information
                                    Dissemination Related
                                    to Rural Brownfields,
                                    Air Quality Standards,
                                    and Water
                                    Infrastructure.
38...............................  National Biosolids          1,000,000
                                    Partnership.
39...............................  National Rural Water       11,000,000
                                    Association, including
                                    source water protection
                                    programs.
40...............................  Ohio River Pollutant        1,500,000
                                    Reduction Program.
41...............................  Rural Community             3,500,000
                                    Assistance Program.
42...............................  Small Public Water          4,000,000
                                    System Technology
                                    Centers at Western
                                    Kentucky University,
                                    the University of New
                                    Hampshire, the
                                    University of Alaska-
                                    Sitka, Pennsylvania
                                    State University, the
                                    University of Missouri-
                                    Columbia, Montana State
                                    University, the
                                    University of Illinois,
                                    and Mississippi State
                                    University.
                                                            ============
    Total........................    ......................   50,543,000
------------------------------------------------------------------------

      Geographic Programs.--In geographic programs, there are 
increases of $2,000,000 for the Chesapeake Bay program, 
$532,000 for the Gulf of Mexico program, and $1,167,000 in 
other activities for Lake Pontchartrain, and decreases of 
$45,000 for the Lake Champlain program and $1,523,000 for the 
Long Island Sound program.
      Indoor Air Programs.--In indoor air, there is a decrease 
of $400,000 for radon programs.
      Information Exchange/Outreach.--In information exchange/
outreach, there is a decrease of $400,000 for State and local 
prevention and preparedness programs.
      International Programs.--In international programs, there 
are decreases of $250,000 for international capacity building 
and $1,000,000 for the persistent organic pollutants program.
      Legal/Science/Regulatory/Economic Review.--There is a 
decrease of $600,000 for the regulatory innovation program.
      Pesticide Licensing.--In pesticide licensing, there is an 
increase of $3,041,000 for review/re-registration of existing 
pesticides.
      Toxics Risk Review and Prevention.--In the toxics risk 
review and prevention program, there is an increase of 
$1,356,000 for the high production volume challenge and high 
production volume information system and a decrease of 
$1,582,000 for the pollution prevention program.
      Water: Ecosystems.--There is an increase of $2,000,000 
for Great Lakes Legacy Act programs.
      Water: Human Health Protection.--There are decreases of 
$1,500,000 for drinking water programs and $10,000,000 for the 
National Rural Water Association, which is funded under the 
environmental protection/Congressional priorities activity 
detailed above.
      Water Quality Protection.--There is a decrease of 
$2,000,000 for the water quality monitoring program.
      Bill Language.--Language is included increasing the 
earmark for official reception and representation expenses to 
$19,000 for fiscal year 2006 only.
      The managers agree to the following:
      1. A total of $5,000,000 is provided for the clean diesel 
initiative as described in House Report 109-80.
      2. Within stratospheric ozone domestic programs, the 
Sunwise program should be continued at the fiscal year 2005 
funding level.
      3. A total of $2,000,000 is provided for the Puget Sound 
geographic program under section 320 of the Federal Water 
Pollution Control Act, as amended. This program is to be 
administered by the Washington State Department of Ecology.
      4. Within indoor air programs, $2,000,000 should be used 
to continue environmental tobacco-related programs. The 
managers note that, after this set-aside, there is still an 
increase for asthma programs above the fiscal year 2005 level.

                      Office of Inspector General

      The conference agreement provides $37,455,000 for the 
Office of Inspector General instead of $37,955,000 as proposed 
by the House and $36,955,000 as proposed by the Senate.

                        Buildings and Facilities

      The conference agreement provides $40,218,000 for 
buildings and facilities as proposed by both the House and the 
Senate.

                     Hazardous Substance Superfund

                     (INCLUDING TRANSFERS OF FUNDS)

      The conference agreement provides $1,260,621,000 for 
hazardous substance superfund instead of $1,258,333,000 as 
proposed by the House and $1,256,165,000 as proposed by the 
Senate. Changes to the House recommended level are detailed 
below.
      Air Toxics and Quality.--In air toxics and quality, there 
is a decrease of $175,000 for radiation protection programs.
      Enforcement.--In enforcement, there are increases of 
$200,000 for civil enforcement and $3,000,000 for Superfund 
enforcement.
      Compliance.--In compliance, there are decreases of 
$11,000 for compliance assistance and centers, $11,000 for 
compliance incentives, and $200,000 for compliance monitoring.
      Information Exchange and Outreach.--There is a decrease 
of $6,000 for congressional, intergovernmental, and external 
relations activities.
      Information Technology/Data Management/Security.--There 
is a decrease of $3,000 for information security.
      Operations and Administration.--In operations and 
administration, there is a decrease of $1,000,000 for 
facilities infrastructure and operations.
      Superfund Cleanup.--In Superfund cleanup, there is an 
increase of $494,000 for emergency response and removal.
      Bill Language.--Language is included earmarking 
$1,260,621,000 as the maximum payment from general revenues for 
Superfund instead of $1,258,333,000 as proposed by the House 
and $1,256,165,000 as proposed by the Senate.
      The managers are concerned that EPA has not yet issued a 
Record of Decision (ROD) for Libby, Montana, despite years of 
cleanup efforts. The managers direct the Agency to issue its 
Record of Decision for Libby, Montana no later than May 1, 
2006. EPA should also provide a report on the contents of the 
ROD to both the House and Senate Committees on Appropriations 
no later than June 15, 2006. The managers are disappointed that 
the Agency could not meet an earlier deadline, originally 
proposed by the Senate, and expect periodic updates on the 
progress of completion of the ROD for Libby, Montana.
      The House proposed a study by the National Academy of 
Sciences of Superfund mega sites that involve dredging. Upon 
further reflection, the managers believe that the appropriate 
role for the NAS is to act as an independent peer review body 
that will conduct an objective evaluation of some of the 
ongoing dredging projects underway at Superfund mega sites. By 
undertaking such an evaluation, the Academy can serve as an 
objective voice on this issue. The managers expect that the 
evaluation will be initiated by December 1, 2005, and finished 
as soon as possible, but no later than one year after the 
Academy begins work. In addition, the managers insist that any 
such evaluation by the Academy should not delay in any way the 
progress of the Hudson River PCB dredging project or any other 
Superfund dredging project.

                LEAKING UNDERGROUND STORAGE TANK PROGRAM

      The conference agreement provides $73,027,000 for the 
leaking underground storage tank program as proposed by both 
the House and the Senate.

                           OIL SPILL RESPONSE

      The conference agreement provides $15,863,000 for oil 
spill response as proposed by both the House and the Senate.

                   STATE AND TRIBAL ASSISTANCE GRANTS

                    (INCLUDING RESCISSIONS OF FUNDS)

      The conference agreement provides $3,261,696,000 for 
State and Tribal assistance grants and a rescission of 
$80,000,000 from expired grants, contracts, and interagency 
agreements, instead of $3,227,800,000 and a rescission of 
$100,000,000 as proposed by the House and $3,453,550,000 and a 
rescission of $58,000,000 as proposed by the Senate, The 
rescission is to be taken from expired grants, contracts, and 
interagency agreements in the various EPA accounts and is not 
exclusive to this account. Changes to the House recommended 
level are detailed below.
      Air Toxics and Quality.--In air toxics and quality 
programs, there is a decrease of $3,000,000 for the clean 
school bus initiative.
      Brownfields.--There is a decrease of $7,500,000 for 
brownfields projects.
      Infrastructure Assistance.--There is an increase of 
$20,000,000 for infrastructure assistance for Alaska Native 
villages, a net decrease of $    ,      ,000 for the clean 
water State revolving fund and a decrease of $4,000,000 for 
infrastructure assistance for Puerto Rico. The House proposal 
to direct rescinded funds to the CWSRF is not included in the 
conference agreement.
      Infrastructure Grants/Congressional Priorities.--The 
conference agreement includes $200,000,000 for special project 
grants as proposed by both the House and the Senate. The 
managers agree to the following distribution of funds:

------------------------------------------------------------------------
              State                      Project name           Amount
------------------------------------------------------------------------
 1. AK...........................  Water and sewer project      $250,000
                                    in the City of Craig,
                                    Alaska.
 2. AK...........................  Water and sewer project       750,000
                                    in Unalaska, Alaska.
 3. AL...........................  Coosa Valley Water            800,000
                                    Supply District surface
                                    water project in
                                    Alabama.
 4. AL...........................  Haleyville, AL North           50,000
                                    Industrial Area Water
                                    Storage Tank.
 5. AL...........................  Heflin, AL Industrial         150,000
                                    Site Water and Sewer
                                    Project.
 6. AL...........................  Huntsville, AL City of      1,000,000
                                    Huntsville Water System
                                    Improvements.
 7. AL...........................  Sewer improvement             700,000
                                    project in the City of
                                    York, Alabama.
 8. AL...........................  Twin, AL Twin Water           250,000
                                    Authority Water Systems
                                    Renovation.
 9. AL...........................  Water main extension          500,000
                                    improvements project in
                                    Alexander City, Alabama.
10. AR...........................  Improvements to the           500,000
                                    Little Maumelle water
                                    treatment plant in the
                                    City of Little Rock,
                                    Arkansas.
11. AR...........................  Regional wastewater           500,000
                                    treatment improvements
                                    for the City of
                                    Fayetteville, Arkansas.
12. AR...........................  St. Charles, AR St.            50,000
                                    Charles Drainage
                                    Planning and
                                    Improvements.
13. AZ...........................  Avondale, AZ Avondale       1,500,000
                                    Wastewater Treatment
                                    Facility Expansion.
14. AZ...........................  Safford, AZ City of           800,000
                                    Safford Waste Treatment
                                    Plant Debt Repayment to
                                    Arizona Infrastructure
                                    Finance Authority.
15. AZ...........................  Tucson, AZ Tucson Water       450,000
                                    Security Demonstration
                                    Project.
16. AZ...........................  Wastewater treatment        1,500,000
                                    plant in Lake Havasu
                                    City, Arizona.
17. CA...........................  Arcadia, Sierra Madre,      2,500,000
                                    CA Joint Water
                                    Infrastructure.
18. CA...........................  Bakersfield, CA Rexland     1,500,000
                                    Acres Wastewater
                                    Treatment Project.
19. CA...........................  Bellflower, CA Drinking       378,000
                                    Water Infrastructure
                                    Improvement.
20. CA...........................  Cathedral City, CA Water      500,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements.
21. CA...........................  Colfax, CA Colfax             600,000
                                    Wastewater Treatment
                                    Plant Improvement.
22. CA...........................  Georgetown, CA Greenwood    1,500,000
                                    Lake Water Treatment
                                    Facility.
23. CA...........................  Lake Arrowhead, CA Lake       250,000
                                    Arrowhead Groundwater
                                    Development.
24. CA...........................  Martin Slough                 375,000
                                    interceptor project in
                                    the City of Eureka,
                                    California.
25. CA...........................  Monterey, CA Monterey         750,000
                                    County Development and
                                    Implementation of Water
                                    Management Plan.
26. CA...........................  Perchlorate treatment         375,000
                                    program in the City of
                                    Pasadena, California.
27. CA...........................  Riverside, CA Water and       500,000
                                    Wastewater
                                    Infrastructure
                                    Improvements.
28. CA...........................  San Bernardino, CA Lakes    1,000,000
                                    and Streams Project.
29. CA...........................  Santa Jose, CA              2,000,000
                                    Perchlorate Assistance
                                    Santa Clara Valley
                                    Water District.
30. CA...........................  Solana Beach, CA Solana     1,000,000
                                    Beach Wastewater System
                                    Improvements.
31. CA...........................  Southern California         4,000,000
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements (Mission
                                    Springs Water District
                                    1.6M, Brinton Reservoir
                                    (Banning) 1M, Bighorn-
                                    Desert View Water
                                    Agency 500K, SAWPA SARI
                                    450K, Yucca Valley
                                    350K, Dunlap 100K).
32. CA...........................  Wastewater treatment          375,000
                                    plant expansion in
                                    Crescent City,
                                    California.
33. CA...........................  Water and wastewater          500,000
                                    infrastructure
                                    improvements project
                                    for the San Francisco
                                    Public Utility
                                    Commission in
                                    California.
34. CA...........................  Water facility project        375,000
                                    in the City of Santa
                                    Paula, California.
35. CO...........................  Drinking water project        800,000
                                    in the Town of Walden,
                                    Colorado.
36. CO...........................  Stormwater improvement        500,000
                                    program in Jefferson
                                    County, Colorado.
37. CO...........................  Wastewater facility           100,000
                                    upgrades in Yuma,
                                    Colorado.
38. CO...........................  Wastewater treatment          100,000
                                    facility improvements
                                    project in Brush,
                                    Colorado.
39. CO...........................  Wastewater treatment          500,000
                                    plant improvements in
                                    the Cities of Englewood
                                    and Littleton, Colorado.
40. CO...........................  Water treatment facility      650,000
                                    in the City of Alamosa,
                                    Colorado.
41. CT...........................  East Hampton, CT            1,200,000
                                    Municipal Water System
                                    Improvements.
42. CT...........................  Infrastructure upgrades       500,000
                                    at water pollution
                                    control plant in the
                                    Town of Plainville,
                                    Connecticut.
43. CT...........................  Stamford, CT Mill River     1,000,000
                                    Stormwater Management
                                    Infrastructure
                                    Improvements.
44. DE...........................  Combined sewer overflow     1,000,000
                                    program in the City of
                                    Wilmington, Delaware.
45. FL...........................  Citrus County, FL             750,000
                                    Homosassa Wastewater
                                    Collection System
                                    Project.
46. FL...........................  Coral Springs, FL Water       700,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements.
47. FL...........................  East Central, FL East-      1,500,000
                                    Central Florida
                                    Integrated Water
                                    Resources.
48. FL...........................  Emerald Coast treatment       800,000
                                    plant replacement
                                    project for the
                                    Northwest Florida Water
                                    Management District.
49. FL...........................  Jacksonville Beach, FL      1,000,000
                                    North 2nd Street
                                    Drainage Collection and
                                    Treatment System.
50. FL...........................  Keaton Beach, FL Taylor       750,000
                                    Coastal Wastewater
                                    Project.
51. FL...........................  Lake Region water             300,000
                                    treatment plant
                                    improvements for the
                                    South Florida Water
                                    Management District.
52. FL...........................  North Port, FL Water and      500,000
                                    Wastewater
                                    Infrastructure
                                    Improvements.
53. FL...........................  Pinellas Park, FL On-       1,787,000
                                    site Sewerage system
                                    elimination.
54. GA...........................  Columbus, GA--Ox Bow        1,000,000
                                    Meadows Wastewater
                                    Improvements.
55. GA...........................  Moultrie, GA City of          350,000
                                    Moultrie Wastewater
                                    Treatment Plant
                                    Rehabilitation.
56. GA...........................  West Area Combined Sewer      500,000
                                    Overflow Tunnel in the
                                    City of Atlanta,
                                    Georgia.
57. HI...........................  Statewide cesspool          1,000,000
                                    replacement in the
                                    following counties,
                                    $500,000 for the County
                                    of Hawaii; $400,000 for
                                    the County of Kauai;
                                    and, $100,000 for the
                                    City and County of
                                    Hawaii.
58. IA...........................  Combined sewer                800,000
                                    separation project in
                                    the City of Ottumwa,
                                    Iowa.
59. IA...........................  Construction of a             500,000
                                    wastewater treatment
                                    plant in Sioux City,
                                    Iowa.
60. IA...........................  Mason City, IA Sanitary     1,000,000
                                    Sewer Interceptor
                                    Project.
61. IA...........................  Sewer separation project      800,000
                                    in the City of
                                    Davenport, Iowa.
62. ID...........................  Construction of a             600,000
                                    wastewater collection
                                    and treatment facility
                                    in Valley County, Idaho.
63. ID...........................  Wastewater treatment          500,000
                                    project in the City of
                                    Twin Falls, Idaho.
64. ID...........................  Water system                  400,000
                                    infrastructure
                                    improvements in the
                                    City of Castleford,
                                    Idaho.
65. IL...........................  Big Rock, IL Big Rock         175,000
                                    South Side Drainage
                                    System.
66. IL...........................  Calumet City, IL Water        275,000
                                    and Sewer Improvements.
67. IL...........................  Construction of a             250,000
                                    wastewater treatment
                                    facility in the Village
                                    of Pecatonica, Illinois.
68. IL...........................  Drinking water                750,000
                                    improvements in the
                                    City of Wauconda,
                                    Illinois.
69. IL...........................  Drinking water                250,000
                                    infrastructure
                                    improvements in the
                                    City of Springfield,
                                    Illinois.
70. IL...........................  Hampshire, IL Water and       600,000
                                    Wastewater System
                                    Improvements.
71. IL...........................  Hinckley, IL Water Main       418,000
                                    Replacement.
72. IL...........................  Pleasant Plains, IL New       765,000
                                    Sanitary Sewer
                                    Collection System and
                                    Wastewater Treatment
                                    Facilities.
73. IL...........................  Sewer Improvement             500,000
                                    Consortium of Lake
                                    Bluff, Highwood,
                                    Highland Park and Lake
                                    Forest, Illinois.
74. IL...........................  Water system upgrades in      250,000
                                    the Village of Port
                                    Byron, Illinois.
75. IN...........................  Construction of a             750,000
                                    wastewater treatment
                                    facility in Morgan
                                    County, Indiana for the
                                    Town of Waverly.
76. IN...........................  Sandborn, IN Water and        500,000
                                    Wastewater
                                    Infrastructure
                                    Improvements.
77. IN...........................  Valparaiso, IN                825,000
                                    Valparaiso Sewer
                                    Infrastructure
                                    Improvements.
78. IN...........................  Water infrastructure        1,700,000
                                    upgrades in the City of
                                    Upland, Indiana.
79. KS...........................  New drinking water            500,000
                                    transmission line in
                                    the City of Medicine
                                    Lodge, Kansas.
80. KS...........................  Water infrastructure          500,000
                                    improvements in Johnson
                                    County, Kansas.
81. KS...........................  Rose Hill, KS City of       2,500,000
                                    Rose Hill Sewer System
                                    Improvements.
82. KY...........................  City of Columbia,             500,000
                                    Kentucky, and the Adair
                                    County Regional Water
                                    Treatment Plant.
83. KY...........................  Louisville, KY              1,000,000
                                    Louisville Olmsted
                                    Parks Conservancy
                                    Watershed Restoration.
84. KY...........................  Somerset, KY Somerset       3,200,000
                                    Wastewater Treatment
                                    Plant.
85. KY...........................  Wastewater sewer line       1,000,000
                                    extension project in
                                    the City of South
                                    Campbellsville,
                                    Kentucky.
86. KY...........................  Wastewater treatment          500,000
                                    plant expansion project
                                    in Culver City,
                                    Kentucky.
87. LA...........................  Shreveport Municipal          400,000
                                    Water Distribution
                                    system backflow
                                    prevention project in
                                    Shreveport, Louisiana.
88. LA...........................  South Lake Charles, LA      1,000,000
                                    Wastewater Treatment
                                    Plant.
89. LA...........................  Tioga, LA Water Works       1,500,000
                                    District No. 3 of
                                    Rapides Parish--
                                    Drinking Water
                                    Extension.
90. MA...........................  Combined sewer overflow     1,000,000
                                    abatement project in
                                    Bristol County,
                                    Massachusetts.
91. MA...........................  Hartford, CT;               2,000,000
                                    Springfield, Chicopee,
                                    Holyoke, Ludlow, South
                                    Hadley, MA Connecticut
                                    River Clean-up.
92. MD...........................  Anacostia Sanitary Sewer      500,000
                                    Overflow.
93. MD...........................  Combined sewer overflow       350,000
                                    project in the City of
                                    Cumberland, Maryland.
94. MD...........................  Combined sewer overflow       500,000
                                    project in the City of
                                    Frostburg, Maryland.
95. MD...........................  Combined sewer overflow       500,000
                                    project in the City of
                                    Westernport, Maryland.
96. MD...........................  Greenmount Interceptor      1,000,000
                                    sewer improvement
                                    project in the City of
                                    Baltimore, Maryland.
97. MD...........................  Port Tobacco, MD Port         200,000
                                    Tobacco Watershed Water
                                    and Wastewater
                                    Infrastructure
                                    Improvements.
98. MD...........................  Sewer line repair             150,000
                                    project in the City of
                                    Emmitsburg, Maryland.
99. MD...........................  Wastewater lagoon repair      150,000
                                    in the City of
                                    Funkstown, Maryland.
100. ME..........................  Wastewater treatment          500,000
                                    project in the Town of
                                    Machias, Maine.
101. ME..........................  Waterline extension and       472,000
                                    water system upgrade
                                    project in the Town of
                                    Dover-Foxcroft, Maine.
102. MI..........................  Combined sewer overflow     1,000,000
                                    control program for the
                                    City of Port Huron,
                                    Michigan.
103. MI..........................  Detroit, MI Far Eastside    1,500,000
                                    Water and Wastewater
                                    Infrastructure
                                    Improvement Project.
104. MI..........................  North-East Relief Sewer       250,000
                                    [NERS] project in
                                    Genesee County,
                                    Michigan.
105. MI..........................  Oakland County, MI          2,000,000
                                    Evergreen-Farmington
                                    Sanitary Sewer Overflow
                                    Control Demonstration
                                    Project.
106. MI..........................  Public sewer system           250,000
                                    improvements in the
                                    City of Northport,
                                    Michigan.
107. MI..........................  Regional wastewater           225,000
                                    treatment system
                                    improvements in Eastern
                                    Calhoun County,
                                    Michigan.
108. MI..........................  Rouge River CSO, SSO Wet      500,000
                                    Weather demonstration
                                    project in Wayne
                                    County, Michigan.
109. MI..........................  Sewage treatment program      150,000
                                    in Traverse City,
                                    Michigan.
110. MI..........................  Sewer plant improvements      250,000
                                    in the City of Saginaw,
                                    Michigan.
111. MN..........................  Construction of a new         500,000
                                    wastewater treatment
                                    plant in the City of
                                    Willmar, Minnesota.
112. MN..........................  Minneapolis, MN Combined    1,500,000
                                    Sewer Overflow Program.
113. MN..........................  Sanitary management           500,000
                                    district of Crow Wing
                                    County, Minnesota.
114. MN..........................  Western Lake Superior         500,000
                                    Sanitary District in
                                    the City of Duluth,
                                    Minnesota.
115. MO..........................  Expansion of the              500,000
                                    Clarence Cannon
                                    Wholesale Water
                                    Commission treatment
                                    Plant in Missouri.
116. MO..........................  Springfield, MO             1,200,000
                                    Wastewater System
                                    Improvements.
117. MO..........................  St. Louis, Missouri         1,000,000
                                    Combined Sewer Overflow
                                    Project.
118. MO..........................  Wastewater improvements       850,000
                                    project in the City of
                                    Seneca, Missouri.
119. MS..........................  Drinking water and            747,000
                                    wastewater treatment
                                    improvements project in
                                    the Chipley area in the
                                    City of Pascagoula,
                                    Mississippi.
120. MS..........................  Regional wastewater           500,000
                                    program in DeSoto
                                    County, Mississippi.
121. MS..........................  Wastewater                    500,000
                                    infrastructure
                                    evaluation and repair
                                    project in the City of
                                    Ridgeland, Mississippi.
122. MS..........................  Wastewater system           2,000,000
                                    rehabilitation for the
                                    West Rankin Water
                                    Authority in
                                    Mississippi.
123. MS..........................  Wastewater treatment        1,200,000
                                    facilities improvements
                                    in the City of
                                    Pontotoc, Mississippi.
124. MS..........................  Wastewater treatment        1,000,000
                                    improvements in the
                                    City of Brookhaven,
                                    Mississippi.
125. MS..........................  Wastewater treatment          500,000
                                    improvements in the
                                    City of Flowood,
                                    Mississippi.
126. MS..........................  Wastewater treatment          750,000
                                    improvements project in
                                    Wheeler, Mississippi.
127. MS..........................  Water and sewer               700,000
                                    infrastructure project
                                    in Forrest County,
                                    Mississippi.
128. MS..........................  Water and sewer             1,000,000
                                    infrastructure project
                                    in the City of Biloxi,
                                    Mississippi.
129. MS..........................  Water and sewer               250,000
                                    infrastructure project
                                    in the Town of McLain,
                                    Mississippi.
130. MT..........................  Drinking water system         750,000
                                    upgrades in the City of
                                    Belgrade, Montana.
131. MT..........................  Havre, MT Rocky Boy's/      1,000,000
                                    North Central Montana
                                    Regional Water System.
132. MT..........................  Wastewater treatment          500,000
                                    improvements in the
                                    Pablo/Lake County Water
                                    and Sewer District,
                                    Montana.
133. MT..........................  Wastewater treatment        1,000,000
                                    improvements in the
                                    Seeley Lake Sewer
                                    District, Montana.
134. MT..........................  Wastewater treatment          750,000
                                    improvements in the
                                    Town of St. Ignatius,
                                    Montana.
135. MT..........................  Wastewater treatment          500,000
                                    improvements in the
                                    Wisdom Sewer District,
                                    Montana.
136. MT..........................  Wastewater treatment          170,000
                                    plant improvement
                                    project in the City of
                                    Bozeman, Montana.
137. MT..........................  Water system                2,250,000
                                    infrastructure
                                    improvements in the
                                    City of Helena, Montana.
138. NC..........................  Anson County, NC Raw        1,000,000
                                    Water Intake Project.
139. NC..........................  Brightwater, NC Water         587,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements (water
                                    distribution system)
                                    (grantee is City of
                                    Hendersonville).
140. NC..........................  Cedar Grove, NC Cedar         253,000
                                    Grove Waterline Project.
141. NC..........................  Charlotte, NC Providence    1,000,000
                                    Road Water Line project.
142. NC..........................  Haywood County, NC Water    1,000,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements (Town of
                                    Clyde 500k, Canton
                                    500k).
143. NC..........................  Kannapolis, NC                500,000
                                    Groundwater Storage
                                    Tank & Fire Pump System.
144. NC..........................  Mitchell County, NC           500,000
                                    Ledger Community Water
                                    and Wastewater
                                    Infrastructure
                                    Improvements.
145. NC..........................  Moore County, NC North        500,000
                                    West Moore Water
                                    District Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
146. NC..........................  Sylva, NC Jackson County      500,000
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements.
147. NC..........................  Wake County, NC Jordan      1,500,000
                                    Lake Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
148. NC..........................  Wilson, NC Wilson           1,000,000
                                    Wastewater
                                    Infrastructure Program.
149. NC/VA.......................  Sparta, NC &                1,000,000
                                    Independence, VA
                                    Virginia Carolina Water
                                    Authority Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
150. ND..........................  Drinking water                250,000
                                    distribution
                                    improvements for the
                                    North Central Rural
                                    Water Consortium, North
                                    Dakota.
151. ND..........................  Regional drinking water       300,000
                                    infrastructure
                                    expansion for the Towns
                                    of Hankinson,
                                    Wyndemere, LaMoure, and
                                    Oakes, North Dakota
                                    (Southeast Area).
152. ND..........................  Regional water treatment      700,000
                                    facility improvements
                                    in the City of
                                    Washburn, North Dakota.
153. ND..........................  Regional water treatment      500,000
                                    facility infrastructure
                                    in the City of
                                    Riverdale, North Dakota.
154. ND..........................  Rural water district          250,000
                                    infrastructure
                                    improvements in Walsh
                                    County, North Dakota.
155. ND..........................  Wastewater treatment          300,000
                                    facility upgrades in
                                    the City of Lakota,
                                    North Dakota.
156. ND..........................  Water and sewer               250,000
                                    improvement projects in
                                    the City of Crosby,
                                    North Dakota.
157. ND..........................  Water infrastructure          500,000
                                    improvements in the
                                    City of Devils Lake,
                                    North Dakota.
158. ND..........................  Water treatment plant         725,000
                                    regulatory improvements
                                    in the City of Grafton,
                                    North Dakota.
159. NE..........................  Combined sewer                500,000
                                    separation projects in
                                    the City of Omaha,
                                    Nebraska.
160. NE..........................  Water and wastewater          500,000
                                    infrastructure
                                    improvements in the
                                    City of Lincoln,
                                    Nebraska.
161. NH..........................  Combined sewer overflow       500,000
                                    separation project in
                                    the City of Manchester,
                                    New Hampshire.
162. NH..........................  Exeter, NH Water and        1,000,000
                                    Wastewater
                                    Infrastructure
                                    Improvements.
163. NH..........................  Waterworks Project in         500,000
                                    the City of Berlin, New
                                    Hampshire.
164. NJ..........................  $250,000 for the Rahway       500,000
                                    City Sanitary Sewer
                                    I&I;, and $250,000 for
                                    the Rahway Valley
                                    Sewerage Authority.
165. NJ..........................  Bergen County, NJ Bergen    1,000,000
                                    County Wastewater
                                    Infrastructure
                                    Improvements.
166. NJ..........................  Passaic Valley, NJ          2,500,000
                                    Passaic Valley Sewerage
                                    Commission Combined
                                    Sewage Overflow Project.
167. NJ..........................  Stormwater                    500,000
                                    infrastructure
                                    improvements at Farnham
                                    Park in the City of
                                    Camden, New Jersey.
168. NM..........................  Construction of a           1,000,000
                                    wastewater treatment
                                    system in Kirtland, New
                                    Mexico.
169. NM..........................  Village of Tijeras, NM        952,000
                                    Phase III Water System.
170. NM..........................  Wastewater and drinking     1,000,000
                                    water improvements
                                    project for the
                                    Albuquerque/Bernalillo
                                    Water Utility Authority
                                    in New Mexico.
171. NM..........................  Wastewater collection,      1,000,000
                                    treatment, and disposal
                                    system in the Town of
                                    Edgewood, New Mexico.
172. NM..........................  Wastewater project in       1,000,000
                                    the City of Belen, New
                                    Mexico.
173. NM..........................  Water project in the        1,000,000
                                    City of Las Cruces, New
                                    Mexico.
174. NV..........................  Henderson, NV Southwest     1,000,000
                                    Wastewater Treatment
                                    Plant.
175. NV..........................  Searchlight sewer system      650,000
                                    upgrades/Clark County
                                    Reclamation District
                                    improvement project in
                                    Nevada.
176. NV..........................  Water and wastewater           50,000
                                    infrastructure
                                    improvements for the
                                    Marlette/Hobart water
                                    system in Carson City,
                                    Nevada.
177. NV..........................  Water infrastructure          150,000
                                    improvements for the
                                    North Lemmon Valley
                                    Artificial Recharge
                                    Project in North Lemmon
                                    Valley, Nevada.
178. NV..........................  Water infrastructure          400,000
                                    improvements in Douglas
                                    County, Nevada.
179. NY..........................  Ballston Spa, NY            3,000,000
                                    Saratoga County Water
                                    Treatment and
                                    Transmission Facilities.
180. NY..........................  Cayuga County, NY             750,000
                                    Village of Fairhaven
                                    Wastewater
                                    Infrastructure
                                    Improvements.
181. NY..........................  Corning, NY Water and         750,000
                                    Wastewater
                                    Infrastructure
                                    Improvements.
182. NY..........................  Dunkirk, NY Chadwick Bay      400,000
                                    West End Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
183. NY..........................  Monroe County Water         2,000,000
                                    Authority Eastside
                                    Water Treatment Project
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements.
184. NY..........................  Mt. Pleasant, NY              138,000
                                    Stormwater
                                    Infrastructure
                                    Improvements.
185. NY..........................  Saugerties, NY              2,100,000
                                    Saugerties Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
186. NY..........................  Stormwater restoration      1,000,000
                                    project in the Town of
                                    North Hempstead, New
                                    York.
187. NY..........................  Water and sewer             1,000,000
                                    extension project in
                                    the Town of Bethel, New
                                    York.
188. OH..........................  Canal Winchester, OH          500,000
                                    Village of Canal
                                    Winchester Water
                                    Treatment Plant
                                    Expansion.
189. OH..........................  Construction of a sewer       850,000
                                    collection and
                                    treatment system in the
                                    Village of Higginsport,
                                    Ohio.
190. OH..........................  Drinking water line           200,000
                                    replacement in
                                    Muskingum County, Ohio.
191. OH..........................  Galion, OH Wastewater       1,000,000
                                    Infrastructure
                                    Improvements.
192. OH..........................  Greene Community in           150,000
                                    Greene County, Ohio for
                                    wastewater and drinking
                                    water projects.
193. OH..........................  Wastewater collection         800,000
                                    and treatment system in
                                    the City of Elmira,
                                    Ohio, and the City of
                                    Burlington, Ohio.
194. OH..........................  Yellow Springs, OH            125,000
                                    Morris Bean Sanitary
                                    Sewer Connection
                                    Project.
195. OK..........................  Nicoma Park, OK Nicoma        200,000
                                    Park Water Line.
196. OK..........................  Wewoka, OK City of            275,000
                                    Wewoka Well Water
                                    Access.
197. OR..........................  Sanitary district             750,000
                                    facility upgrades in
                                    the City of Winchester
                                    Bay, Oregon.
198. PA..........................  Allegheny County            1,750,000
                                    Sanitary Authority for
                                    the Three Rivers Wet
                                    Weather program in
                                    Allegheny County,
                                    Pennsylvania.
199. PA..........................  Ambridge, PA Drinking          92,000
                                    Water Infrastructure
                                    Improvements.
200. PA..........................  Central sewer collection      250,000
                                    and treatment
                                    replacement in
                                    Tulpehocken Township,
                                    Pennsylvania.
201. PA..........................  Combined sewer overflow       800,000
                                    and flood protection
                                    project in the City of
                                    Plum Creek and
                                    Allegheny County,
                                    Pennsylvania.
202. PA..........................  Interceptor improvements      200,000
                                    project in Penn Hills,
                                    Pennsylvania.
203. PA..........................  Kingston, PA Luzerne        1,000,000
                                    County Combined Sewer
                                    Overflow.
204. PA..........................  Pen Argyl Borough, PA         100,000
                                    Wastewater Treatment
                                    Plant.
205. PA..........................  Philadelphia, PA              695,000
                                    Southeastern
                                    Pennsylvania Waterways
                                    Restoration Stormwater
                                    Infrastructure
                                    Improvements.
206. PA..........................  Pleasantville, PA             300,000
                                    Borough of
                                    Pleasantville Water
                                    System Improvements.
207. PA..........................  Public sewer service          250,000
                                    extensions in Menallen
                                    Township, Pennsylvania.
208. PA..........................  Sewer improvement             750,000
                                    project in the Borough
                                    of Archbald,
                                    Pennsylvania.
209. PA..........................  Storm sewer pipe              250,000
                                    construction in
                                    Millcreek Township,
                                    Pennsylvania.
210. PA..........................  Stormwater                    250,000
                                    infrastructure
                                    improvements project in
                                    the Borough of
                                    Pottstown, Pennsylvania.
211. PA..........................  Tarentum, PA Bull Creek     1,000,000
                                    Flood Protection Plan.
212. PA..........................  Water infrastructure          500,000
                                    improvements in the
                                    City of Lancaster,
                                    Pennsylvania.
213. RI..........................  Cumberland, RI                500,000
                                    Cumberland Drinking
                                    Water Infrastructure
                                    Improvements.
214. RI..........................  New water storage tank        875,000
                                    in the Town of
                                    Westerly, Rhode Island.
215. RI..........................  Water infrastructure          500,000
                                    improvements in the
                                    City of Cumberland,
                                    Rhode Island.
216. RI..........................  Water infrastructure          200,000
                                    improvements in the
                                    City of North
                                    Smithfield, Rhode
                                    Island.
217. SC..........................  Construction of the           500,000
                                    Maple Creek Water
                                    Treatment Plant for the
                                    Greer Commission of
                                    Public Works in Greer,
                                    South Carolina.
218. SC..........................  Myrtle Beach, SC Storm        615,000
                                    Water Management System.
219. SC..........................  Olar, SC Olar and Govan       733,000
                                    Regional Water System.
220. SD..........................  Water and wastewater          800,000
                                    master plan development
                                    in Rapid City, South
                                    Dakota.
221. SD..........................  Water infrastructure          180,000
                                    improvements in the
                                    City of Springfield,
                                    South Dakota.
222. TN..........................  East Tennessee              1,550,000
                                    Development District
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements (Jefferson
                                    City 700k, Norris 300k,
                                    Cumberland Gap 250k,
                                    Jefferson County 300k).
223. TN..........................  Lake Tansi Sewer Project    1,000,000
                                    in Cumberland County,
                                    Tennessee.
224. TN..........................  Southeast Tennessee           950,000
                                    Development District
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements (Cleveland
                                    550k, Ducktown 150k,
                                    Spring City 250k).
225. TN..........................  Watauga River Regional      1,000,000
                                    Water Authority in
                                    Carter County,
                                    Tennessee.
226. TN..........................  West End water and          1,000,000
                                    wastewater
                                    infrastructure project
                                    in Oak Ridge, Tennessee.
227. TX..........................  Fresno/Arcola, TX Fort      2,000,000
                                    Bend County Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
228. TX..........................  Liberty Hill, TX Liberty      365,000
                                    Hill Wastewater
                                    Treatment Facilities
                                    and Collection System.
229. TX..........................  Lorena, TX City of            350,000
                                    Lorena Wastewater
                                    Treatment Plant.
230. TX..........................  Richmond/Rosenberg, TX        570,000
                                    West Fort Bend County
                                    Regional Water System.
231. TX..........................  Sewer overflow                500,000
                                    prevention project in
                                    the City of Austin,
                                    Texas.
232. UT..........................  Arsenic and perchlorate       700,000
                                    removal project in
                                    Magna, Utah.
233. UT..........................  Construction of a           1,500,000
                                    drinking water nitrate
                                    remediation plant for
                                    Centerfield, Utah, and
                                    Mayfield, Utah.
234. UT..........................  Drinking water and          1,000,000
                                    stormwater
                                    infrastructure
                                    improvements in Sandy
                                    City, Utah.
235. UT..........................  Wastewater treatment          500,000
                                    plant in Eagle
                                    Mountain, Utah.
236. UT..........................  Water infrastructure          300,000
                                    improvements for Judge
                                    Tunnel in Park City,
                                    Utah.
237. VA..........................  Alexandria, VA Four Mile    1,500,000
                                    Run Restoration.
238. VA..........................  Construction of               500,000
                                    wastewater treatment
                                    facilities expansion in
                                    Lee County, Virginia.
239. VA..........................  Hanover County, VA Water      682,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements.
240. VA..........................  Henry County, VA Henry        110,000
                                    County Water System
                                    Connector to
                                    Pittsylvania County.
241. VA..........................  National Capital Region,      521,000
                                    VA, MD, DC Real-Time
                                    Drinking Water
                                    Distribution Security
                                    Monitoring.
242. VA..........................  Wastewater treatment          500,000
                                    infrastructure
                                    improvements project in
                                    the Town of Onancock,
                                    Virginia.
243. VT..........................  Wastewater treatment        1,000,000
                                    project in the Town of
                                    Pownal, Vermont.
244. VT..........................  Water treatment projects    1,000,000
                                    in the Town of
                                    Waitsfield, Vermont.
245. WA..........................  Carnation, WA City of       1,000,000
                                    Carnation Sewer
                                    Collection and
                                    Conveyance System.
246. WA..........................  Groundwater remediation       500,000
                                    project in North Clark
                                    County, Washington.
247. WA..........................  Hood Canal, WA Lower        5,000,000
                                    Hood Canal Wastewater
                                    Collection and
                                    Treatment System.
248. WI..........................  Metropolitan sewage           800,000
                                    district interceptor
                                    system program in the
                                    City of Milwaukee,
                                    Wisconsin.
249. WI..........................  Park Falls, WI Water and    1,000,000
                                    Wastewater
                                    Infrastructure
                                    Improvements (wells,
                                    pumphouse, water main).
250. WI..........................  Pittsville, WI              1,900,000
                                    Wastewater Treatment
                                    Plant/Water and
                                    Wastewater
                                    Infrastructure
                                    Improvements.
251. WI..........................  Radionuclide standard         800,000
                                    drinking water project
                                    in the City of
                                    Waukesha, Wisconsin.
252. WI..........................  Rhinelander, WI Water       1,000,000
                                    and Wastewater
                                    Infrastructure
                                    Improvements (well,
                                    pumphouse, water main,
                                    storm sewer).
253. WV..........................  Beckley, WV Piney Creek     1,000,000
                                    Interceptor Sewer
                                    Replacement Project.
254. WV..........................  Canaan Valley, WV Canaan    1,000,000
                                    Valley Decentralized
                                    Wastewater System.
255. WV..........................  Mineral County, WV            220,000
                                    Lakewood Wastewater
                                    Treatment Facility.
256. WV..........................  Spencer, WV Spencer         1,000,000
                                    Water and Wastewater
                                    Infrastructure
                                    Improvements.
257. WY..........................  Wastewater treatment        1,000,000
                                    plant improvements
                                    project in the City of
                                    Cheyenne, Wyoming.
                                  --------------------------------------
    Total........................    ......................  200,000,000
------------------------------------------------------------------------

      Categorical Grants.--In categorical grants, there are 
increases of $1,000,000 for section 106 pollution control 
grants, $1,856,000 for targeted watershed grants, and 
$1,200,000 forwastewater operator training, and decreases of 
$934,000 for hazardous waste financial assistance, $1,772,000 for 
section 319 nonpoint source grants, $5,500,000 for section 106 water 
quality monitoring grants, $854,000 for public water system 
supervision, $600,000 for radon, $15,000,000 for water quality 
cooperative agreements, and $1,000,000 for wetlands program 
development.
      Rescission.--The conference agreement modifies rescission 
language proposed by the House and the Senate and rescinds 
$80,000,000 from expired grants, contracts and interagency 
agreements instead of a rescission of $100,000,000 as proposed 
by the House and a rescission of $58,000,000 as proposed by the 
Senate. Although this language appears under the State and 
Tribal Assistance Grants heading, it applies to all EPA 
appropriation accounts. The conference agreement does not 
direct the rescinded funds to the clean water State revolving 
fund as proposed by the House nor does the language reference 
an April 2005 review by the Government Accountability Office as 
proposed by the House.
      Other Bill Language.--Language is included making 
permanent the prohibition, proposed by the Senate, on the use 
of funds from the drinking water State revolving fund for 
health effects studies on drinking water contaminants. The 
managers note these studies are, and should continue to be, 
funded under the science and technology account.
      Language is included, as proposed by the Senate, 
providing direction on the distribution of funds to address 
drinking water and wastewater infrastructure needs of Alaska 
Native villages.
      Language proposed by the House referencing special 
project grants is included with a technical modification.
      There is no earmark for the Fortuna Radar Site as 
proposed by the Senate.
      Language is included making permanent the authority, 
proposed by the Senate, for States to transfer funds between 
the clean water and drinking water revolving funds.
      Language is not included, which was proposed by the 
House, stipulating that special project funding from fiscal 
year 2000 or earlier that is not obligated on an approved grant 
by the end of fiscal year 2006 will be transferred to the 
appropriate State revolving fund. Instead, such funds that are 
not obligated on approved grants by September 1, 2006, are 
included in the rescission referenced above.
      Language is not included, which was proposed by the 
House, providing for the transfer of excess funds after 
completion of special project grants to the appropriate State 
revolving fund. Instead such funds are included in the 
rescission referenced above.
      Language is not included, which was proposed by the 
House, transferring funds from projects that are determined to 
be ineligible for a grant to the appropriate State revolving 
fund. The managers expect EPA to keep the House and Senate 
Committees on Appropriations apprised of grants that are 
determined to be ineligible.
      Language is included making permanent the authority, 
proposed by the House, for EPA to make technical corrections to 
special project grants. The Senate had similar language but 
used the phrase ``notwithstanding any other provision of law''; 
whereas the House language and the language adopted in the 
conference agreement uses the phrase ``notwithstanding this or 
previous appropriations Acts''.
      The conference agreement includes a minor technical 
correction to the school bus retrofit language.
      The managers agree to the following:
            1. Within the funds provided for the United States-
        Mexico border program, $4,000,000 is for the El Paso 
        Utilities Board and $3,000,000 is for the City of 
        Brownsville water supply project.
            2. Within the categorical grant targeted watersheds 
        program, $6,000,000 is for a regional pilot program for 
        the Chesapeake Bay as described in Senate Report 109-
        80.

                       ADMINISTRATIVE PROVISIONS

      The conference agreement includes language proposed by 
the House regarding an exception to CERCLA relating to the 
qualifying date for brownfields grants or loans. The House had 
a single year provision. The Senate proposed to make this 
provision permanent.
      Language is not included, which was proposed by the 
Senate, providing permanent authority for the use of 
brownfields grant funding for administrative expenses.

          GENERAL PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY

      Section 201 modifies language, proposed by the Senate in 
sections 201 and 202 and by the House in section 434, dealing 
with human dosing studies. The managers note the many concerns 
expressed on both the House and Senate floors with respect to 
intentional human toxicity dosing studies relied upon by the 
EPA in reviewing applications for pesticide approvals. Concern 
is particularly acute for pregnant women, fetuses, and 
children. The managers believe this is a very serious issue 
that needs to be addressed by EPA as soon as possible. The 
managers have included statutory language that prohibits the 
EPA from accepting, considering, or relying on third party 
intentional dosing human toxicity studies for pesticides until 
EPA issues a final rulemaking addressing such studies. The 
language also requires EPA to provide for at least a 90-day 
public comment period on its proposed rule and to issue the 
final rule no later than 180 days after enactment of this Act. 
Such rule shall not permit the use of pregnant women, infants 
or children as subjects; shall be consistent with the 
principles proposed in the 2004 report of the National Academy 
of Sciences on intentional human dosing and the principles of 
the Nuremberg Code with respect to human experimentation; and 
shall establish an independent Human Subjects Review Board.
      Section 202 includes the text of Senate section 435 
prohibiting the use of funds in contravention of Executive 
Order 12898 dealing with environmental justice. The House had a 
similar provision in section 432 of the House bill. The Senate 
provision that is included in the conference agreement includes 
a reference to the date of the Executive Order and to the 
Federal Register notice in which it was published.
      Section 203 includes the text of House section 433 
prohibiting the use of funds to finalize, issue, implement, or 
enforce the existing EPA wastewater blending policy.
      Section 204 includes the text of Senate section 436 
prohibiting the use of funds in contravention of 15 U.S.C. 
2682(c)(3), dealing with lead-based paint, or to delay 
implementation of that provision of law.
      Section 205 includes language, as proposed by the Senate 
under Administrative Provisions for the EPA, prohibiting the 
use of funds to publish proposed or final regulations relating 
to certain small engines required by section 428(b) of division 
G of Public Law 108-199 until the Administrator has completed 
and published a technical study of safety issues, including the 
risk of fire and burn to consumers.

                      TITLE III--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     FOREST AND RANGELAND RESEARCH

      The conference agreement provides $283,094,000 for forest 
and rangeland research instead of $285,000,000 as proposed by 
the House and $280,892,000 as proposed by the Senate. The 
forest inventory and analysis program is provided $60,267,000 
instead of $62,100,000 recommended by the House and $58,434,000 
recommended by the Senate; this is an increase of $4,341,000 
above the fiscal year 2005 level. The managers agree to the 
following changes to recommendations that were proposed by the 
House:

------------------------------------------------------------------------
                                            Conference recommendation:
                                         -------------------------------
           Project or activity              Change from
                                               House       Project total
------------------------------------------------------------------------
Fixed costs.............................      -3,000,000      $3,177,000
Forest inventory and analysis...........      -1,833,000      60,267,000
Advanced wood structure research........               0       1,500,000
Adelgid research NE station.............               0       1,600,000
Emerald ash borer research in Ohio......               0         400,000
Southern pine beetle initiative.........               0       2,400,000
Coweeta, flood and landslide research...               0         200,000
Coweeta, technology transfer, NC........        -150,000         296,000
Bent Creek, technology transfer, NC.....         150,000         150,000
Joe Skeen Inst. Montana St. Univ........         350,000         350,000
Center for bottomlands hardwoods, MS....         500,000         500,000
Forest Products Laboratory salvage               700,000         700,000
 lumber, WI.............................
NE States research cooperative..........         350,000       2,322,000
Hydrology studies at Starkville, MS.....         500,000         500,000
Baltimore urban watershed, MD...........         100,000         197,000
Flood modeling, Fernow Expt. Forest, WV.         227,000         227,000
NE Station land use decision models.....         200,000         200,000
------------------------------------------------------------------------

      The managers also agree to the following:
            1. The funding provided for advanced wood structure 
        research should be used for merit-based work by the 
        Forest Products Laboratory and cooperators, including 
        members of the advanced housing research consortium. 
        This replaces recommendations made by both the House 
        and the Senate.
            2. The managers do not support the proposal to 
        close the research work unit in Morgantown, WV and 
        direct the Service to maintain funding near the fiscal 
        year 2005 level for work unit RWU NE-4751.
            3. The managers direct the Forest Service to 
        continue working with the USDA Cooperative State 
        Research, Education, and Extension Service to 
        administer the program with the Joe Skeen Institute for 
        Rangeland Restoration at Montana State University.
            4. The Forest Service should ensure that all 
        research facility managers understand how to comply 
        fully with Congressional allocations in a timely 
        manner.
            5. The managers support efforts by the Forest 
        Products Laboratory in Madison, Wisconsin, to 
        prioritize its wood products research programs and urge 
        the Forest Service to work with industry partners and 
        research users to develop a comprehensive, agency-wide 
        wood products research plan to guide future investment 
        at the Laboratory.

                       STATE AND PRIVATE FORESTRY

      The conference agreement provides $283,577,000 for State 
and private forestry instead of $254,875,000 as proposed by the 
House and $254,615,000 as proposed by the Senate. Funding 
levels for this appropriation should follow the House 
recommendations unless otherwise instructed herein.
      Forest Health Management.--The conference agreement 
provides $54,236,000 for Federal lands forest health management 
instead of $55,000,000 as proposed by the House and $50,023,000 
as proposed by the Senate. The conference agreement includes 
$47,629,000 for cooperative lands forest health management 
instead of $48,000,000 as proposed by the House and $22,608,000 
as proposed by the Senate. The change from the House 
recommendation is the addition of $300,000 for the Vermont 
forest monitoring cooperative as proposed by the Senate, and a 
general reduction of $671,000.
      Cooperative Fire Assistance.--The conference agreement 
includes $33,422,000 for State fire assistance instead of 
$35,422,000 as proposed by the House and $26,500,000 as 
proposed by the Senate. This allocation includes $2,500,000 as 
proposed by the House for urgent work near the San Bernardino 
National Forest, and a general program decrease of $2,000,000 
below the House level.
      The conference agreement includes $6,000,000 for 
volunteer fire assistance as proposed by both the House and the 
Senate. The conference agreement also includes additional funds 
for State fire and volunteer fire assistance as part of the 
national fire plan funding within the wildland fire management 
account.
      Forest Stewardship.--The conference agreement includes 
$34,699,000 for forest stewardship instead of $37,399,000 as 
proposed by the House and $32,320,000 as proposed by the 
Senate. Changes from the House recommendations include a 
general decrease of $2,500,000 and a decrease of $200,000 for 
land use decision models. Funding for this last project is 
included within the research account.
      Forest Legacy Program.--The conference agreement includes 
$57,380,000 for the forest legacy program instead of 
$25,000,000 as proposed by the House and $62,632,000 as 
proposed by the Senate. These funds are derived from the Land 
and Water Conservation Fund. The conference agreement includes 
the following distribution of funds for the forest legacy 
program:

        State and Project                                     Conference
HI Wao Kele o Puna......................................      $3,400,000
TN Walls of Jericho.....................................       1,900,000
MA Quabbin Corridor Connection..........................       2,500,000
ME Katahdin Ironworks...................................       4,500,000
WA Cedar Green Forest...................................       2,000,000
PA History of Forestry..................................       2,300,000
WA Carbon River Forest..................................       1,630,000
CA Baxter Ranch.........................................       1,000,000
MT North Swan River Valley..............................       2,800,000
DE Green Horizons.......................................       2,000,000
ME Machias River Project Phase II.......................       1,500,000
CT Skiff Mountain.......................................       1,200,000
CA Six Rivers to the Sea Phase II.......................       1,000,000
GA Altamaha River Corridor..............................       2,000,000
NY Adirondack Working Forest Easement...................       1,000,000
UT Cedar Project #3.....................................       1,500,000
WV Potomac River Hills..................................       1,300,000
VT Green Mountain Wildlife Corridor.....................         700,000
NJ Sparta Mountain South................................       1,800,000
MT Nevada Creek-Blackfoot Phase II......................       1,400,000
ID Singleton Kilgore....................................         650,000
MI Kamehameha School Land Conservation Easement.........       2,000,000
IN Land Bridge..........................................         550,000
KY Knobs State Forest and Wildlife Management Area......       1,750,000
USVI Annaly Bay/Hermitage Valley........................         500,000
WI Wolf River...........................................       1,000,000
CO Banded Peaks Ranch Phase II..........................       1,500,000
ID St. Joe Basin/Mica Creek.............................       1,500,000
UT Range Creek/Rainbow Glass Ranch......................         750,000
NH Rossview.............................................       2,000,000
AK Agulowak River.......................................         600,000
NM Horse Springs........................................       1,250,000
MN Brainerd Lakes Forest Legacy.........................         800,000
VA New River Corridor...................................         230,000
RI Bugnet Tract.........................................         600,000
MD Broad Creek..........................................       1,000,000
PR The Gutierrez Project................................         150,000
IA Monona...............................................         320,000
NH Willard Pond.........................................         550,000
GA Paulding County......................................         250,000
Use of prior year funds.................................      -3,000,000
Forest Legacy Program Administration, Acquisition 
    Management, and Assessment of Need Planning.........       5,000,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total, Forest Legacy........................      57,380,000

      The conference agreement retains bill language proposed 
by the House requiring notification of the Committees on 
Appropriations when the Forest Service makes funds available 
for specific forest legacy projects.
      Urban and Community Forestry.--The conference agreement 
includes $28,875,000 for the urban and community forestry 
program instead of $28,175,000 as proposed by the House and 
$28,675,000 as proposed by the Senate. Changes from the House 
recommendation for this activity include Senate proposals of 
$350,000 for the Chicago, IL greenstreets program, $350,000 for 
the Milwaukee, WI tree planting program, and $150,000 for the 
urban watershed forestry research and demonstration cooperative 
in Baltimore, MD, and a $150,000 general program decrease.
      Economic Action Programs.--The conference agreement 
includes $9,679,000 for the economic action programs instead of 
$7,979,000 as proposed by the House and $14,200,000 as proposed 
by the Senate. The conference agreement includes the funding 
recommended by the House, with the following changes: 
$1,500,000 for fuels in schools program in Montana; $500,000 
for the Hinkle Creek watershed study in Oregon; $300,000 for 
the University of Idaho, Mica Creek study; $350,000 for the 
northern forests partnership program as recommended by the 
Senate; $500,000 for the Purdue University hardwood scanning 
center, IN; $400,000 for the wood enterprise agent in Montana; 
$500,000 for the private landowner database in Washington; 
$750,000 for the Hubbard Brook Foundation, NH; $400,000 for the 
Ketchikan, AK, wood technology center; $1,000,000 for Madison 
County, NC, forest recreation center; and $500,000 for the 
Folkmoot USA in Haywood County, NC for programs and outreach 
highlighting Appalachian forest folk crafts. The conference 
agreement includes bill language concerning direct payments for 
Madison County, NC and Folkmoot USA, NC. Funding for 
biomassutilization grants are not included under this activity; 
instead, the conference agreement follows the Senate recommendation to 
fund that activity within the wildland fire management appropriation.
      Forest Resource Information and Analysis.--The conference 
agreement includes $4,657,000 for forest resource information 
and analysis as proposed by the Senate instead of $5,000,000 as 
proposed by the House.
      International Program.--The conference agreement includes 
$7,000,000 for the International program as proposed by the 
Senate instead of $6,900,000 proposed by the House.

                         NATIONAL FOREST SYSTEM

                     (INCLUDING TRANSFERS OF FUNDS)

      The conference agreement provides $1,424,348,000 for the 
national forest system instead of $1,417,920,000 as proposed by 
the House and $1,377,656,000 as proposed by the Senate.
      Funds should be distributed as follows:

Land management planning................................     $59,057,000
Inventory and monitoring................................     170,179,000
Recreation, heritage & wilderness.......................     265,200,000
Wildlife & fish habitat management......................     134,850,000
Grazing management......................................      49,000,000
Forest products.........................................     284,297,000
Vegetation & watershed management.......................     184,050,000
Minerals and geology management.........................      85,865,000
Landownership management................................      93,000,000
Law enforcement operations..............................      89,200,000
Vales Calderas National Preserve, NM....................       5,150,000
Centennial of Service challenge.........................       4,500,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................   1,424,348,000

      The following discussion describes funding changes from 
the House passed bill.
      Land Management Planning.--The conference agreement 
provides funding as recommended by the House; funds are not 
provided for environmental training as recommended by the 
Senate.
      Inventory and Monitoring.--The agreement includes the 
House recommendation, plus Senate recommendations of $1,000,000 
for the Stennis Space Center, MS, and $170,000 for the Fernow 
experimental forest hydrology study, WV.
      Recreation, Heritage, and Wilderness Management.--The 
conference agreement provides funding as recommended by the 
House.
      Wildlife and Fish Habitat Management.--The conference 
agreement provides funding as recommended by the House plus an 
increase above the House level of $50,000 for the Batten Kill 
river project, VT, bringing the total for this project to 
$250,000. In addition, the managers direct the Forest Service 
to support the grizzly bear study in the Flathead NF and 
surrounding area with $125,000 out of base funds to be used for 
tracking collars.
      Grazing Management.--The conference agreement provides 
funding as recommended by the House. The managers replace the 
Senate recommendations concerning grazing management to 
encourage the Forest Service and the BLM to modify stocking 
levels in a manner consistent with the local range conditions, 
considering that there have been improvements in moisture 
conditions in some western States. The Service and the BLM 
should use credible range condition monitoring data from 
professional range conservationists employed by State or county 
governments or universities.
      Forest Products.--The conference agreement provides 
funding as recommended by the House with the addition of 
$1,000,000 above the House level for the Tongass NF, AK. The 
managers agree to the Senate proposed earmark in bill language 
of $5,000,000 for Tongass national forest timber sales 
preparation.
      The managers replace the Senate recommendations 
concerning performance management systems with instructions 
included under the administrative provisions heading to clarify 
that the performance management system needs to include all 
Forest Service officials and programs.
      The managers modify the Senate recommendations concerning 
a stewardship contract in New Mexico. The Service is expected 
to develop and begin implementing by June 1, 2006, one or more 
large stewardship contracts that are at least 10,000 acres, to 
be on the Lincoln NF, NM. The Service should work with the 
Mescalero Apache Tribe and the New Mexico State Forester to 
assure the stewardship contract is drafted so that lands on the 
Lincoln NF are treated, and the Service should work with this 
tribe to assist them at developing a stewardship proposal.
      Vegetation and Watershed Management.--The conference 
agreement provides funding as recommended by the House with the 
addition of $350,000 above the House level for the leafy spurge 
eradication program in North Dakota.
      Minerals and Geology Management.--The conference 
agreement provides funding as recommended by the House.
      Landownership Management.--The conference agreement 
provides funding as recommended by the House.
      Law Enforcement operations.--The conference agreement 
decreases the House recommendation for the Daniel Boone NF 
anti-drug effort by $100,000, leaving a total of $900,000. 
Similar work on the Mark Twain NF is reduced by $200,000, 
leaving a total of $500,000. In addition, $500,000 is provided 
for the Spring Mountains NRA, NV emergency warning system, and 
there is a general program decrease of $2,000,000 below the 
House recommendation. The managers note that the Administrative 
provisions include bill language recommended by the House and 
the Senate concerning the transfer of funds for various 
overhead charges affecting the law enforcement operations 
activity.
      Valles Caldera National Preserve.--The managers have put 
all funding for the Valles Caldera National Preserve, NM, in 
the national forest system account to facilitate management of 
this activity; this includes the $3,650,000 the Senate 
recommended in this account plus an additional $1,500,000 the 
Senate recommended in the capital improvement and maintenance 
account.
      Other.--The conference agreement provides that the Land 
Between the Lakes NRA, TN and KY, should be funded from various 
accounts at least at the budget request level of $8,400,000. 
The general reduction to the national forest system account 
passed on the House floor is not included.

                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFERS OF FUNDS)

      The conference agreement provides $1,779,395,000 for 
wildland fire management instead of $1,790,506,000 as proposed 
by the House and $1,745,531,000 as proposed by the Senate.
      Wildfire Preparedness.--The agreement includes 
$676,014,000 for preparedness as proposed by the Senate instead 
of $691,014,000 as proposed by the House. The managers 
reiterate the direction contained in the House and Senate 
reports regarding the need to maintain the level of fire 
readiness established in fiscal year 2005.
      Wildfire Suppression Operations.--The conference 
agreement includes $700,492,000 for suppression operations as 
proposed by both the House and the Senate. The managers 
haveprovided the full amount of the ten-year average cost of wildfire 
suppression increased for inflation, an increase of $51,633,000 above 
the fiscal year 2005 funding level.
      The managers have modified bill language recommended by 
the House concerning assessing the suppression activity for 
indirect costs in a manner the same as all other Forest Service 
accounts and programs. The managers direct that all programs be 
treated similarly so they can contribute their fair share to 
the costs of administering and running the Service. The 
managers do not agree with the House recommendation concerning 
the second bullet in the budget appendix.
      The conference agreement does not include bill language 
recommended by the Senate dealing with the transfer of 
unobligated balances to the national forest system account. The 
managers agree with the House recommendation that the Forest 
Service should not automatically allocate 50% of the wildland 
fire suppression funds to all the regions at the beginning of 
the year, and there should not be a transfer of any unobligated 
suppression funds for non-suppression activities. If the 
Service has a low-cost wildfire season, the unobligated funds 
should be carried over to pay for future seasons when it is 
likely that catastrophic wildfires will occur again.
      The managers encourage the Forest Service to establish a 
suitable memorial for the two brave firefighters who lost their 
lives July 22, 2003, at the Cramer fire near Salmon, ID.
      The managers direct the Forest Service to make available 
for public review the results of any feasibility study 
conducted for the purpose of determining whether to acquire 
specific models of aircraft for use as air tankers.
      Other Wildfire Operations.--The conference agreement 
includes $402,889,000 for other fire operation activities 
instead of $399,000,000 as proposed by the House and 
$369,025,000 as proposed by the Senate. The allocation of this 
funding is as follows:

        Program                                                   Amount
Hazardous fuels.........................................    $286,000,000
Rehabilitation & restoration............................       6,281,000
Research & development..................................      23,219,000
Joint fire science......................................       8,000,000
Forest health management--Federal.......................      15,000,000
Forest health management--cooperative...................      10,000,000
State and community fire assistance.....................      46,500,000
Volunteer fire assistance...............................       7,889,000
                    --------------------------------------------------------
                    ____________________________________________________
            Total other wildfire operations.............     402,889,000

      Hazardous fuels.--The conference agreement includes 
$286,000,000 for hazardous fuels treatments as proposed by the 
House, an increase of $23,461,000 over the fiscal year 2005 
level. This allocation includes the House proposed $5,000,000 
for the San Bernardino NF, CA, and the Senate proposed 
$1,500,000 for the Santa Fe watershed, NM, and $5,000,000 as 
proposed by the Senate for biomass utilization grants. The 
House had recommended the biomass grants funding within the 
State and private forestry account.
      The conference agreement includes the Senate recommended 
bill language concerning the use of $5,000,000 for the 
Community Forest Restoration Act and allowing a transfer for 
the biomass grants.
      The managers direct the Secretary of Agriculture to 
report to the House and Senate Committees on Appropriations, 
the House Agriculture and Resources Committees, and the Senate 
Energy and Natural Resources Committee on the percentage of 
fuels reduction or restoration contracts that provide small 
diameter material to micro businesses, large commercial 
sawmills, or biomass facilities.
      Rehabilitation.--The conference agreement includes 
$6,281,000 for rehabilitation and restoration activities. The 
managers direct that $2,000,000 be made available to the native 
plant materials program to be used in conjunction with the 
similar effort at the Department of the Interior under the 
joint guidance of the interagency plant conservation alliance.
      Fire plan research and development.--The conference 
agreement includes $23,219,000 for research and development 
activities. Changes from the House proposal include an increase 
of $1,150,000 for the University of Montana landscape fire 
analysis center and $350,000 for the University of Idaho FRAMES 
project.
      Federal and cooperative forest health management.--The 
conference agreement includes $15,000,000 for Federal forest 
health activities and $10,000,000 for cooperative forest health 
activities as proposed by the House.
      State fire and volunteer fire assistance.--The agreement 
includes $46,500,000 for State and community fire assistance. 
Changes from the House recommendation include increases of 
$2,100,000 for the Alaska Kenai Peninsula Borough, $1,200,000 
to the Municipality of Anchorage, $800,000 for Fairbanks North 
Star Borough, AK, $1,100,000 for the Matanuska-Susitna Borough, 
AK, and $300,000 for the Alaska, Cook Inlet tribal council. 
Senate instructions on distribution of these funds should be 
followed by the Service.
      The managers direct the Forest Service, working with the 
State foresters, to review the current State fire assistance 
allocation methodology for the funding provided under the 
wildland fire management appropriation and recommend 
appropriate changes. The State fire assistance under this 
heading should not be considered the same as the traditional 
funding in the State and private forestry account. Funding 
under this heading is intended to support the national fire 
plan. The managers encourage the Service and the States to 
focus this funding to those States andactivities that the 
National fire plan suggests are most critically needed to reduce the 
danger of catastrophic wildfires, rewarding those States with 
demonstrated performance and cost share. Community wildfire protection 
planning and cooperative hazardous fuels reduction activities should be 
highlighted. The Forest Service shall prepare a report to the House and 
Senate Committees on Appropriations before implementing any new 
allocation methodology.
      The volunteer fire assistance allocation is $7,889,000 as 
proposed by the Senate.

                  CAPITAL IMPROVEMENT AND MAINTENANCE

      The conference agreement provides $441,178,000 for 
capital improvement and maintenance instead of $468,260,000 as 
proposed by the House and $409,751,000 as proposed by the 
Senate. This is a reduction of $73,523,000 below the fiscal 
year 2005 non-emergency funding level. The conference agreement 
provides for the following distribution of funds:

        Activity/Project                                          Amount
Facilities:
    Maintenance.........................................     $51,522,000
    Capital Improvement.................................      56,194,000
    Congressional Priorities:
        San Bernardino NF, CA...........................       2,000,000
        Redwood Science Lab seismic retrofit, CA........       2,000,000
        Meeks Bay campground, CA........................         778,000
        Turtle Rock fire station relocation, CA.........       1,200,000
        Cheoah ranger station, NC.......................         900,000
        Region 6 facility disposal, OR & WA.............       1,000,000
        Allegheny NF recreation and admin sites, PA.....       2,600,000
        Cherokee NF recreation and admin sites, TN......       2,500,000
        Forest Products Laboratory modernization, WI....       2,000,000
        Medicine Bow-Routt storage consolidation, WY & 
          CO............................................       1,035,000
        Monongahela NF facilities, WV...................         950,000
        Smith County lake, MS...........................       1,000,000
        Homochitto National Forest, Okhissa Lake 
          Project, MS...................................       1,000,000
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal Facilities...........................     126,679,000
                    ========================================================
                    ____________________________________________________
Roads:
    Maintenance.........................................     148,066,000
    Capital Improvement.................................      68,133,000
    Congressional Priorities:
        Monongahela NF road improvements, WV............       2,300,000
        Tongass NF, AK..................................       4,000,000
        Jarbidge Canyon road, NV........................       3,000,000
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal Roads................................     225,499,000
                    ========================================================
                    ____________________________________________________
Trails:
    Maintenance.........................................      42,000,000
    Capital Improvement.................................      30,500,000
    Congressional Priorities:
        FL National scenic trail........................         500,000
        Continental Divide Trail........................       1,000,000
        Pacific Crest trail improvements, CA OR WA......       1,000,000
        Rio Sabana trail, PR............................         250,000
        Midewin National Tallgrass Prairie, IL..........         750,000
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal Trails...............................      76,000,000
                    ========================================================
                    ____________________________________________________
Infrastructure Improvement:
    Fish Passage Barriers, national program.............       2,000,000
    Deferred Maintenance................................      11,000,000
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal Infrastructure Improvement...........      13,000,000
                    ========================================================
                    ____________________________________________________
          Total, Capital Improvement and Maintenance....     441,178,000

      The managers agree with the overall program direction for 
this account provided by both the House and the Senate except 
funding levels and project descriptions are indicated in the 
table above. The conference agreement includes the bill 
language recommended by the Senate concerning the Jarbidge 
Canyon road which provides authority to transfer some funds to 
the Department of the Interior for certain portions of this 
project.
      The managers are aware of the importance of modernizing 
the Forest Products Laboratory. As noted previously, the 
managers urge the Forest Service to develop an integrated wood 
products research plan that will guide capital investments. The 
managers believe that the Forest Service should also conduct a 
strategic review of facilities needs before modernization 
efforts begin. Therefore, the managers do not agree with the 
Senate proposal to fund the construction of a durability test 
facility at this time. Instead, the managers agree to the House 
proposal to provide $2,000,000 for the modernization effort at 
the Laboratory, pending completion of the recommended 
integrated, national planning effort for wood products 
research.Once this plan is completed, the managers will give 
full consideration to supporting the Laboratory's multi-year 
modernization effort.
      The funds provided for the Allegheny NF include 
$1,000,000 for the Kiasutha campground, $500,000 for Kinzua 
Wolf Run Marina, $1,000,000 for the Bradford administrative 
site, and $100,000 for forest-wide signage improvements. The 
Cherokee NF funding is for the Ocoee Whitewater Center 
interpretive and facility upgrades, Nolichucky work center 
property acquisition, the Cherokee hot shot complex, and the 
Cleveland office relocation project.
      The managers have provided $1,000,000 for environmental 
studies for a recreational lake in Smith County, Mississippi. 
The managers note, however, that a feasibility study of this 
project is currently underway in cooperation with the Forest 
Service and Mississippi State University. The managers note 
that conclusion of the ongoing studies regarding issues such as 
mineral rights and the need for condemnation of these rights is 
necessary to determine the feasibility of this project. If the 
study concludes that this project is not feasible, the managers 
expect that the funds provided for environmental studies will 
be reprogrammed for other high priority construction needs in 
Mississippi.

                            LAND ACQUISITION

      The conference agreement provides $42,500,000 for land 
acquisition instead of $15,000,000 as proposed by the House and 
$44,925,000 as proposed by the Senate.
      The managers agree to the following distribution of 
funds:

        Area (State)                                              Amount
Arkansas Forests, multiple NFs (AR).....................      $1,000,000
Blackfoot River Community Project (Blackfoot Challenge), 
    Helena & Lolo NFs: (MT).............................       6,000,000
Bonneville Shoreline Trail, multiple NFs (UT)...........       1,500,000
Columbia River Gorge NSA, multiple NFs (OR/WA)..........       1,500,000
Daniel Boone NF (KY)....................................         750,000
Delta NF (MS)...........................................       1,500,000
Goose Creek-Smith River, Six Rivers NF (CA).............       1,000,000
Greater Yellowstone Area, multiple NFs (MT/ID)..........       1,000,000
Green Mountain NF (VT)..................................         500,000
High Elk Corridor, White River NF (CO)..................         500,000
High Uintas, Wasatch-Cache NF (UT)......................         700,000
Hoosier Unique Areas, Hoosier NF (IN)...................         250,000
I-90 Corridor, Mt. Baker-Snoqualmie NF (WA).............         975,000
Illinois Disappearing Habitat, Shawnee NF (IL)..........         250,000
Lady C Ranch, Black Hills NF (SD).......................         750,000
Middle Yuba-Barker Pass, Tahoe NF (CA)..................         500,000
Minnesota Wilderness, Chippewa/Superior NF (MN).........         125,000
Pacific Crest Trail, multiple NFs (CA/OR/WA)............         500,000
Selway Valley Preserve, Beaverhead/Deerlodge NF (MT)....       1,000,000
Spring Hill, Helena NF (MT).............................         600,000
Swan Valley, Flathead NF (MT)...........................       3,000,000
Thunder Mountain, Payette NF (ID).......................       1,000,000
Wayne NF (OH)...........................................         600,000
Wisconsin Wild Waterways, Chequamegon-Nicolet NF (WI)...       3,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal..........................................      28,500,000
Acquisition Management..................................      12,500,000
Cash Equalization.......................................         500,000
Critical Inholdings/Wilderness Protection...............       1,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................      42,500,000
                    --------------------------------------------------------
                    ____________________________________________________
      Bill Language.--The conference agreement retains language 
proposed by the Senate withdrawing from mineral entry or 
appropriation certain mining claims on the Payette National 
Forest.

         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

      The conference agreement provides $1,069,000 for the 
acquisition of lands for national forests special acts as 
recommended by both the House and the Senate.

            ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

      The conference agreement provides an indefinite 
appropriation estimated to be $234,000 for the acquisition of 
lands to complete land exchanges as proposed by both the House 
and the Senate.

                         RANGE BETTERMENT FUND

      The conference agreement provides an indefinite 
appropriation estimated to be $2,963,000 for the range 
betterment fund as proposed by both the House and the Senate.

    GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

      The conference agreement provides $64,000 for gifts, 
donations and bequests for forest and rangeland research as 
proposed by both the House and the Senate.

        MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

      The conference agreement provides $5,067,000 for 
management of national forest system lands for subsistence uses 
in Alaska as proposed by the Senate instead of $5,467,000 as 
proposed by the House.

               ADMINISTRATIVE PROVISIONS, FOREST SERVICE

      The managers agree to the following changes to the House 
recommendations:
      1. The Senate language is included which does not 
prohibit transfers for reimbursable agreements for the USDA 
National Information Technology center.
      2. The Senate bill language allowing up to $2,500,000 for 
the Youth Conservation Corps projects is included.
      3. The conference agreement allows up to $300,000 to be 
used by the National Forest Foundation for administrative 
expenses. The managers expect the Foundation to raise funds so 
this allocation can be reduced in the future.
      4. The Senate language is included allowing certain 
authorized payments to the counties within the Columbia River 
Gorge National Scenic Area, WA & OR.
      5. The Senate language is included allowing the Forest 
Service to reimburse the USDA Office of the General Counsel for 
certain travel expenses.
      6. The Senate language is included which transfers 
certain land on Kodiak Island, AK, from the Forest Service to 
the U.S. Fish and Wildlife Service.
      7. The conference agreement includes bill language not 
included by either the House or the Senate which allows the 
Forest Service to assess available funds to support the 
agency's needs for facilities maintenance for administrative 
and other buildings, but not recreation facilities. This 
replaces the Senate proposal within Title V which recommended 
establishing a working capital fund for all agency structures. 
The new provision allows the Forest Service to transfer up to 
$35,000,000 from various agency accounts, based on a fair 
measure of facilities maintenance needs. The managers expect 
that initially, the Forest Service will use the square feet of 
building space and the various programs use of this space as 
the index to establish the transfer levels. The Forest Service 
should devise a performance-based system and need-based system 
to determine how to allocate assessed funds to the field. 
Before executing these transfers, the Forest Service shall 
report to the House and Senate Committees on Appropriations on 
the details of the proposed transfers and the methodology being 
used for both the assessment, and the field allocation. In 
addition, the Forest Service shall, as part of the normal 
budget justification, report on the anticipated transfers 
required in future fiscal years, and report on the previous 
year's transfers and proposed accomplishments. There should 
also be a display which indicates, by national forest, research 
station and area, the funding being allocated for facilities 
maintenance. The budget justification displays shall indicate, 
for every budget line item, the funding amount being assessed 
for facilities maintenance. This information should be readily 
visible along with each program description. The tables should 
also summarize the budget line item contribution to the other 
assessments.
      8. This discussion replaces recommendations by both the 
House and the Senate concerning performance measures. The 
managers remain concerned about forest outputs and whether on-
the-ground accomplishments remain a high priority for the 
Forest Service. The managers expect the Forest Service to 
maintain a performance management system that includes 
performance standards for line officers aggregated up to the 
Forest level so that forest-wide management goals can be 
measured against actual accomplishments for each forest. The 
performance standards should include clear annual measures for 
programs which are consistent with the output levels specified 
in the annual budget justification. The Forest Service needs to 
implement a system of internal data controls and data 
transparency consistent with the recommendations by the USDA-
OIG March,2005 audit. The Chief should hold agency line 
officers accountable for reporting accurate performance data in fiscal 
year 2006. The Forest Service should establish an independent review 
process to review the reported data. The Forest Service is directed to 
provide a report to the House and Senate Committees on Appropriations 
and the relevant House and Senate authorizing committees on this 
performance management system within 90 days of enactment. This report 
shall also be made available to the public following submission of the 
report to the committees noted above.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         INDIAN HEALTH SERVICES

      The conference agreement provides $2,732,298,000 for 
Indian health services as proposed by the House instead of 
$2,732,323,000 as proposed by the Senate.
      Bill Language.--The conference agreement modifies 
language included in both the House and the Senate bills 
concerning the Individuals with Disabilities Education Act. The 
two versions contained minor technical differences. The 
conference agreement includes language included in the Senate 
bill concerning the distribution of Alaska alcohol wellness 
funds.
      The managers are aware of Indian health care needs in the 
state of Nevada and expect the Service to continue to meet with 
the 22 tribes in Nevada, as well as the Intertribal Council of 
Nevada and the Intertribal Health Board of Nevada, to discuss 
ways to improve the delivery and quality of their health 
services. The managers expect the Service to report to the 
House and Senate Committees on Appropriations by December 31, 
2005 with recommendations on how to improve secondary and 
tertiary care in Nevada, including facility needs and the 
contract health services program that can be accomplished 
within current budgetary levels.

                        INDIAN HEALTH FACILITIES

      The conference agreement provides $358,485,000 for Indian 
health facilities instead of $370,774,000 as proposed by the 
House and $335,643,000 as proposed by the Senate.
      The managers agree to the following distribution of 
funds:

        Project                                                   Amount
Barrow Hospital, AK.....................................      $8,000,000
Fort Belknap, MT staff quarters.........................       3,326,000
Kayenta, AZ health center...............................       3,878,000
Mobile dental units.....................................       2,000,000
Phoenix Indian Medical Center, AZ.......................       8,000,000
San Carlos, AZ Health Center............................       6,139,000
Small ambulatory facilities.............................       7,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal..........................................      38,343,000
Other:
      Maintenance and improvement.......................      52,404,000
      Sanitation facilities.............................      93,519,000
      Facilities and environmental health support.......     152,959,000
      Equipment.........................................      21,260,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................     358,485,000
      Bill Language.--The conference agreement includes 
language proposed by the Senate authorizing the construction of 
a replacement health facility in Nome, Alaska, on land owned by 
the Norton Sound Health Corporation. The House had no similar 
provision.
      The managers consider the health facilities construction 
program to be a critical component in the provision of better 
health care to Native Americans and, therefore, expect that 
future budget submissions by the Service will include a much 
more aggressive schedule to fund these projects.

                     National Institutes of Health

          National Institute of Environmental Health Sciences

      The conference agreement provides $80,289,000 for the 
national institute of environmental health sciences as proposed 
by both the House and the Senate.

            Agency for Toxic Substances and Disease Registry

            TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

      The conference agreement provides $76,024,000 for toxic 
substances and environmental public health as proposed by both 
the House and the Senate.
      The managers encourage the ATSDR to continue to support 
the minority health professions community under its cooperative 
agreement activities in fiscal year 2006.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

      The conference agreement provides $2,717,000 for the 
council on environmental quality and office of environmental 
quality as proposed by both the House and the Senate.

             Chemical Safety and Hazard Investigation Board

                         SALARIES AND EXPENSES

      The conference agreement provides $9,200,000 for salaries 
and expenses of the chemical safety and hazard investigation 
board as proposed by both the House and the Senate.

              Office of Navajo and Hopi Indian Relocation

                         SALARIES AND EXPENSES

      The conference agreement provides $8,601,000 for salaries 
and expenses of the Office of Navajo and Hopi Indian Relocation 
as proposed by both the House and the Senate.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        PAYMENT TO THE INSTITUTE

      The conference agreement provides $6,300,000 for payment 
to the institute as proposed by both the House and the Senate.

                        Smithsonian Institution

                         SALARIES AND EXPENSES

      The conference agreement provides $524,281,000 for 
salaries and expenses of the Smithsonian Institution instead of 
$524,381,000 as proposed by the House and $524,135,000 as 
proposed by the Senate. A reduction of $100,000 from the House 
level has been taken from the Tropical Research Institute's 
study of microorganisms in tropical soils. Other changes from 
the House proposal for activities within this account include 
an increase of $500,000 to restore base funding for key 
outreach programs such as the travel exhibition service, 
fellowships and affiliations, an additional $500,000 to meet 
the budget request of $1,000,000 for an institution-wide 
collections care and preservation initiative, and a reduction 
of $1,000,000 from facilities maintenance to fund that activity 
at the amount requested in the budget.

                           FACILITIES CAPITAL

      The conference agreement provides $100,000,000 for the 
facilities capital account as proposed by the Senate instead of 
$90,900,000 as proposed by the House. Within this amount, 
$9,100,000 is provided for the Asia II Trail exhibit at the 
National Zoological Park as proposed by the House. While 
supportive of this project, the managers are concerned by the 
high initial cost estimates and encourage the Smithsonian to 
look at how the exhibit might be reduced in scope or in some 
way phased to achieve savings. The managers also understand 
that an aggressive fundraising effort will be required by the 
Smithsonian to secure private financing, without which this 
project cannot be successfully completed. The conference 
agreement also includes an additional $9,100,000 for the POD 5 
museum support center storage facility as recommended by the 
Senate.

           ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION

      The conference agreement continues administrative 
provisions included in the House bill that place restrictions 
on the use of funds for the following: (1) unapproved changes 
to science programs; (2) the design of new or expanded 
facilities; (3) Holt House; and (4) the purchase of buildings. 
The House provision regarding reprogramming authority is 
included with a modification that deletes the requirement for 
written approval from the House and Senate Committees on 
Appropriations.

                        National Gallery of Art

                         SALARIES AND EXPENSES

      The conference agreement provides $96,600,000 for 
salaries and expenses of the National Gallery of Art as 
proposed by the Senate instead of $97,100,000 as proposed by 
the House.
      The managers note that language is included in Title IV--
General Provisions raising the indemnity limit for art 
exhibitions as proposed by the Senate. The managers expect that 
future requests to alter the indemnity ceilings will be 
approved through the Office of Management and Budget and either 
included in the budget justification or, preferably, submitted 
as an official legislative proposal to, and acted upon by, the 
appropriate legislative committees of jurisdiction.

            REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

      The conference agreement provides $16,200,000 for repair, 
restoration and renovation of buildings as proposed by the 
House instead of $15,000,000 as proposed by the Senate.

             John F. Kennedy Center for the Performing Arts

                       OPERATIONS AND MAINTENANCE

      The conference agreement provides $17,800,000 for 
operations and maintenance of the Kennedy Center as proposed by 
both the House and Senate.

                              CONSTRUCTION

      The conference agreement provides $13,000,000 for 
construction instead of $10,000,000 as proposed by the House 
and $15,200,000 as proposed by the Senate.

            Woodrow Wilson International Center for Scholars

                         SALARIES AND EXPENSES

      The conference agreement provides $9,201,000 for salaries 
and expenses of the Woodrow Wilson International Center for 
Scholars as proposed by the Senate instead of $9,085,000 
proposed by the House.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       GRANTS AND ADMINISTRATION

      The conference agreement provides $126,264,000 for grants 
and administration of the National Endowment for the Arts as 
proposed by the Senate instead of $131,264,000 as proposed by 
the House.
      The managers expect that the increase above the enacted 
level will be used to expand the American Masterpieces program 
by $2,000,000 and partially restore the Administration's 
proposed reduction to the Challenge America program by 
$3,000,000.
      Bill Language.--The conference agreement retains bill 
language proposed by the Senate providing that funds 
appropriated for the National Endowment for the Arts be 
expended in accordance with sections 309 and 311 of Public Law 
108-108. The House bill addressed this issue in the general 
provisions section.

                 National Endowment for the Humanities

                       GRANTS AND ADMINISTRATION

      The conference agreement provides $127,605,000 for grants 
and administration of the National Endowment of the Humanities 
as proposed by both the House and the Senate.

                            MATCHING GRANTS

      The conference agreement provides $15,449,000 for 
matching grants as proposed by both the House and the Senate.

                        Commission of Fine Arts

                         SALARIES AND EXPENSES

      The conference agreement provides $1,893,000 for salaries 
and expenses of the Commission of Fine Arts as proposed by the 
House and the Senate.

               National Capital Arts and Cultural Affairs

      The conference agreement provides $7,250,000 for National 
Capital Arts and Cultural Affairs instead of $7,000,000 as 
proposed by the House and $7,492,000 as proposed by the Senate.

               Advisory Council on Historic Preservation

                         SALARIES AND EXPENSES

      The conference agreement provides $4,860,000 for salaries 
and expenses of the Advisory Council on Historic Preservation 
as proposed by the House instead of $4,943,000 as proposed by 
the Senate.

                  National Capital Planning Commission

                         SALARIES AND EXPENSES

      The conference agreement provides $8,244,000 for salaries 
and expenses of the National Capital Planning Commission as 
proposed by the Senate instead of $8,177,000 as proposed by the 
House.
      The managers do not object to the Commission's 
participation in the GIS mapping initiative to the extent it 
can be supported within base funding. The increase above the 
enacted level is provided to meet fixed cost adjustments such 
as pay and utilities.

                United States Holocaust Memorial Museum

                       HOLOCAUST MEMORIAL MUSEUM

      The conference agreement provides $42,780,000 for the 
Holocaust Memorial Museum instead of $41,880,000 proposed by 
the House and $43,233,000 proposed by the Senate.

                             Presidio Trust

                          PRESIDIO TRUST FUND

      The conference agreement provides $20,000,000 for the 
Presidio Trust Fund as proposed by the House instead of 
$19,722,000 as proposed by the Senate.

      White House Commission on the National Moment of Remembrance

                         SALARIES AND EXPENSES

      The conference agreement provides $250,000 for salaries 
and expenses of the White House Commission on the National 
Moment of Remembrance as proposed by the House and the Senate.

                      TITLE IV--GENERAL PROVISIONS

      Sec. 401. The conference agreement retains the House 
recommendation; there was a minor technical difference between 
the House and Senate versions.
      Sec. 402. The conference agreement retains the Senate 
recommendation; the Senate version included a reference to the 
U.S. code not included by the House.
      Sec. 403 and Sec. 404 were identical in both the House 
and Senate bills.
      Sec. 405. The conference agreement retains the Senate 
recommended language that was in Senate section 405 rather than 
similar language the House had included in section 423. Related 
language dealing with assessments, which was in House section 
405, is not included in the conference agreement.
      Sec. 406. The conference agreement retains the Senate 
recommended language that was in Senate section 406 rather than 
similar language the House had included in section 419.
      Sec. 407. The conference agreement retains the Senate 
recommended language dealing with giant sequoia trees rather 
than similar language the House had included in section 406.
      Sec. 408. The House and Senate bills had identical 
language dealing with patents for mining, although the House 
had included it as section 407.
      Sec. 409. The conference agreement retains the House 
recommended language dealing with contract support costs for 
the Bureau of Indian Affairs and the Indian Health Service that 
was in House section 408. The Senate had no similar provision.
      Sec. 410. The conference agreement retains the Senate 
recommended language permitting the collection and use of 
private funds by the National Endowment for the Arts and the 
National Endowment for the Humanities that was in Senate 
section 409 rather than similarlanguage the House had included 
in section 410. The conference agreement now makes this authority 
permanent rather than one-year as recommended by the House.
      Sec. 411. The House and Senate bills had identical 
language dealing with the Forest and Rangeland Renewable 
Resources Planning Act; it was in House section 412 and in 
Senate section 410.
      Sec. 412. The conference agreement retains the Senate 
recommended language amending the Knutson-Vandenberg 
reforestation act, which was in Senate section 411. The House 
had no similar provision.
      Sec. 413. The House and Senate bills had identical 
language dealing with Forest Service roads and trails; it was 
in House section 413 and in Senate section 410.
      Sec. 414. The House and Senate bills had identical 
language dealing with telephone answering machines; it was in 
House section 414 and in Senate section 413.
      Sec. 415. The House and Senate bills had identical 
language dealing with Forest Service land management planning.
      Sec. 416. The conference agreement retains the Senate 
recommended language addressing timber sales involving Alaska 
western redcedar, which was in Senate section 414. The House 
had no similar provision.
      Sec. 417. The House and Senate bills had identical 
language dealing with mineral leasing within National 
Monuments; it was in section 416 of each bill.
      Sec. 418. The House and Senate bills had identical 
language continuing a provision providing the Secretary of the 
Interior and the Secretary of Agriculture the authority to 
enter into reciprocal agreements with foreign nations 
concerning the personal liability of firefighters. It was in 
House section 418 and in Senate section 417.
      Sec. 419. The conference agreement retains the Senate 
recommended language, which was in Senate section 418, allowing 
the Eagle Butte Service Unit of the Indian Health Service to 
utilize health care funding in a more efficient manner. The 
House had no similar provision.
      Sec. 420. The conference agreement retains the Senate 
recommended language, which was in Senate section 419, allowing 
the Secretary of Agriculture and the Secretary of the Interior 
to consider local contractors when awarding contracts for 
certain activities on public lands. The House had a similar 
provision in section 420 of the House bill.
      Sec. 421. The House and Senate bills had identical 
language continuing a provision that limits the use of funds 
for filing declarations of takings or condemnations. This 
provision does not apply to the Everglades National Park 
Protection and Environmental Act. It was in House section 421 
and in Senate section 420.
      Sec. 422. The conference agreement retains the Senate 
recommended language, which was in Senate section 421, limiting 
competitive sourcing studies by the Secretary of the Interior 
and the Forest Service. The House had a similar provision in 
section 422 of the House bill. The conference agreement now 
allows the Secretary of the Interior up to $3,450,000 and the 
Forest Service up to $3,000,000 for this work. In addition, the 
Secretary of Agriculture should consider the impact on wildland 
fire management activities when conducting competitive sourcing 
studies.
      Sec. 423. The House and Senate bills had identical 
language prohibiting the transfer of funds for SAFECOM and 
Disaster Management projects; it was in section 424 of the 
House bill and section 422 of the Senate bill.
      Sec. 424. The House and Senate bills had identical 
language requiring that contact centers associated with the 
national recreation reservation service be located within the 
United States; it was in section 425 of the House bill and 
section 423 of the Senate bill.
      Sec. 425. The conference agreement modifies similar 
language extending a pilot program to enhance Forest Service 
administration of rights-of-way recommended by both the House 
and the Senate. It was in section 426 of the House bill and 
section 424 of the Senate bill. The language now is effective 
for one year.
      Sec. 426. The conference agreement retains the Senate 
recommended language, which was in Senate section 425, 
extending the Forest Service's ability to enter into certain 
cooperative agreements with third parties that are of mutually 
significant benefit. The House had no similar provision.
      Sec. 427. The conference agreement retains the Senate 
recommended language, which was in Senate section 426, amending 
the Arts and Artifacts Indemnity Act to raise the Federal 
indemnity ceilings on individual exhibitions from $600,000,000 
to $1,200,000,000, and in the aggregate from $8,000,000,000 to 
$10,000,000,000. The House had no similar provision.
      Sec. 428. The conference agreement modifies the House 
recommended language, which was in House section 427, extending 
the authority for the Service First program of the Department 
of the Interior and the Forest Service. The Senate had no 
similar provision. The authority now extends through fiscal 
year 2008 and also clarifies that the National Park Service and 
the Fish and Wildlife Service may participate, as well as the 
Bureau of Land Management and the Forest Service.
      Sec. 429. The conference agreement retains the House 
recommended language concerning a land exchange in San 
Bernardino, CA, which was in House section 428. The Senate had 
no similar provision.
      Sec. 430. The conference agreement retains the House 
recommended language continuing a previous provision concerning 
Finger Lakes National Forest, NY, oil and gas leasing, which 
was in House section 430. The Senate had no similar provision.
      Sec. 431. The conference agreement modifies the Senate 
recommended provision, which was in Senate section 427, 
authorizing the Eastern Nevada Landscape Coalition to enter 
into agreements with the Departments of the Interior and 
Agriculture. The language now is effective for one year. The 
House had no similar provision.
      Sec. 432. The conference agreement retains, with minor 
technical modifications, the Senate recommended language, which 
was in Senate section 426, amending the Valles Caldera 
Preservation Act. This provision requires the Secretary of 
Agriculture to develop a fire management plan and enter into a 
cooperative fire management agreement for the Valles Caldera 
National Preserve. The Forest Service shall also provide 
wildfire pre-suppression and non-emergency rehabilitation and 
restoration services for the Trust, which manages the Preserve, 
on a reimbursable basis. The House had no similar provision.
      Sec. 433. The conference agreement retains the Senate 
recommended language, which was in Senate section 429, 
prohibiting the use of funds to demolish certain structures on 
the Zephyr Shoals property, Lake Tahoe, NV. The House had no 
similar provision.
      Sec. 434. The conference agreement modifies the Senate 
recommended language, which was in Senate section 432, 
extending the Forest Service authority to conduct certain work 
onnon-Forest Service land. The authority now extends for five 
years. The House had no similar provision.
      Sec. 435. The conference agreement retains the Senate 
recommended language, which was in Senate section 433, setting 
certain conditions for the grant of a zoning variance for the 
property at 51 Louisiana Ave., NW, Washington D.C. The House 
had no similar provision.
      Sec. 436. The conference agreement includes a new 
provision authorizing the acquisition of lands for the 
Chequamegon-Nicolet National Forest, WI, and directing the 
Secretary to maintain existing management practices on those 
lands.
      Sec. 437. The conference agreement includes a new 
provision for a $5,000,000 grant to Kendall County, Illinois.
      Sec. 438. Modifies section 344 of the Department of the 
Interior and Related Agencies Appropriations Act, 2005 
regarding the lands to be acquired for the Kenai Fjords 
interagency visitor center and the use of funds not required 
for land acquisition.
      Sec. 439. The conference agreement includes an across the 
board rescission of 0.476 percent. This reduction should be 
applied to each program, project, and activity, except for 
Miscellaneous Payments to Indians, which has a different 
application of the rescission as specified in the statutory 
language.
      The conference agreement does not include a provision in 
section 405 of the House bill providing for restrictions on 
departmental assessments unless approved by the Committees on 
Appropriations.
      The conference agreement does not include a provision in 
section 409 of the House bill specifying reforms and 
limitations dealing with the National Endowment for the Arts.
      The conference agreement does not include a provision in 
section 411 of the House bill providing direction to the 
National Endowment for the Arts on funding distribution.
      The conference agreement does not include a provision in 
section 417 of the House bill extending the Forest Service 
Conveyance Pilot Program.
      The conference agreement does not include a provision in 
section 429 of the House bill requiring a report of the 
expenditure of funds pursuant to the Southern Nevada Public 
Lands Management Act.
      The conference agreement does not include a provision in 
section 431 of the House bill prohibiting the Fish and Wildlife 
Service to use land acquisition funds for the purchase of water 
rights in the Klamath Basin, CA.
      The conference agreement does not include a provision in 
section 435 of the House bill limiting the number of federal 
employees that can be sent to international conferences.
      The conference agreement does not include a provision in 
section 437 of the House bill prohibiting the use of funds for 
the sale or slaughter of wild free roaming horses and burros.
      The managers have not included language proposed by the 
Senate in section 434 dealing with the Biscuit fire recovery 
but the managers would like to have a report from the Forest 
Service on this issue. Accordingly, by March 1, 2006 the Forest 
Service should submit a report to the House and Senate 
Committees on Appropriations (and make this report publicly 
available on the agency web-site) which discusses the following 
issues concerning the Biscuit fire in southern Oregon:
            1. The change in reforestation capabilities and 
        costs between the date of the containment of the 
        Biscuit Fire and the completion of the Biscuit Fire 
        Recovery Project, as detailed in the Record of 
        Decision.
            2. The commercial value lost, as well as recovered, 
        of fire-killed timber within the Biscuit Fire area.
            3. All actions included in the Record of Decision 
        for the Biscuit Fire Recovery Project, but forgone 
        because of delay or funding shortfall.
            4. The Forest Service original estimate of the 
        acres that should be reforested and the cost in dollars 
        and per acre, including planting stock and overhead and 
        a summary of the original schedule to do the work.
            5. A summary of the initial Forest Service plan to 
        salvage timber; including a discussion of the acres 
        which would have been harvested and the estimated 
        volume and value of that salvage, as well as the cost 
        to the Federal government to develop and administer the 
        sale and the anticipated cost to the purchasers.
            6. A similar summary for the final Forest Service 
        salvage plan.
            7. A presentation and list of all of the timber 
        sales offered and planned, including the volume, and 
        appraised value. The presentation should indicate sales 
        offered but not sold, and sales not yet underway. It 
        should also separate out sales by land management 
        regime.
      The conference agreement does not include a provision in 
section 437 of the Senate bill expressing the sense of the 
Senate with regard to the national debt and funding for the 
global war on terror.

    TITLE V--FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT ACT

      The conference report modifies legislation recommended by 
the Senate in Title V. This provision allows the Forest Service 
to dispose of administrative facilities that are no longer 
needed and use all of the revenue to reduce the administrative-
site deferred maintenance backlog. This improves the Service's 
ability to realign facilities to meet the needs of the 
workforce and theNation. The legislation authorizes the 
Secretary of Agriculture to sell, lease, exchange or combine a sale and 
exchange of certain administrative sites the Secretary determines are 
no longer needed for National Forest System purposes. The legislation 
incorporates new authorities for streamlining regulations to facilitate 
the timely disposal of administrative sites and to improve the 
marketability of the sites. All receipts derived from the conveyance of 
administrative sites and facilities shall be deposited in the Sisk Act 
fund and remain available to the Secretary until expended, without 
further appropriations. These funds will be used for the administrative 
costs incurred in conveying sites; the acquisition of land for 
administrative sites; and for the decommissioning, construction, 
maintenance, rehabilitation, and improvement of administrative sites.
      The managers make the following recommendations:
            1. The Service is allowed to dispose of up to 10 
        isolated, undeveloped sites per year which were 
        acquired or used for administrative purposes, with 
        certain limitations.
            2. Certain lands are explicitly excluded, including 
        any land within the national wilderness system, in the 
        wild and scenic river system, lands specifically 
        designated for natural area or recreation purposes, or 
        in a national monument. In addition, it is the intent 
        of the managers that the exclusions apply to 
        undeveloped lands on historic trails and sites, 
        national preserves, national recreation areas, national 
        scenic areas, national conservation areas, national 
        botanical areas, national forest primitive areas, 
        research natural areas, national game refuges and 
        wildlife preserve areas, and officially designated 
        special interest areas.
            3. The managers direct that the service should not 
        dispose of lands needed for natural resource 
        management, or lands which are important to provide 
        public access to other lands or waters, such as 
        recreational river corridors or sites with special 
        recreational values.
            4. The managers intend that disposal of lands will 
        not create new non-Federal inholdings within larger 
        areas of contiguous Federal or other publicly owned 
        lands available for recreational activities.
            5. The provision requires the Service to include 
        detailed displays in the annual budget justification of 
        the anticipated program under this authority and 
        provide other details so the Congress and the public 
        can evaluate the program and its impact. The Service 
        should notify the Congress if changes to this plan are 
        later necessary. The managers are concerned that future 
        appropriation decisions concerning facility 
        construction, reconstruction and maintenance being made 
        will be fully informed by knowledge of the anticipated 
        revenues derived from this new authority. The managers 
        also understand that the revenue stream will be 
        temporary, and that all areas of the Nation do not have 
        a similar amount of excess facilities nor ability to 
        generate revenue.
            6. The authorities provided by this Title expire on 
        September 30, 2008. However, the managers will closely 
        monitor the implementation of this provision. The 
        managers encourage the Congress to extend the authority 
        if steady progress is demonstrated. As with the pilot 
        conveyance authority, the Service is more likely to 
        successfully plan and implement project planning if 
        there continues to be no less than two or three years 
        remaining on the authority.
            7. The conference agreement repeals the previous 
        pilot conveyance authority, which was established in 
        the Department of the Interior and Related Agencies 
        Appropriations Act, 2002. The repeal is effective as of 
        September 30, 2006, and any project initiated under the 
        pilot authority may be completed under that authority.
            8. The agreement continues the Senate-recommended 
        language concerning lead-based and asbestos abatement, 
        but limits the exclusion only to laws affecting these 
        matters.
            9. The agreement clarifies that the Forest Service 
        should follow the National Environmental Policy Act 
        (NEPA) with the exception that the Service must analyze 
        only the most reasonably foreseeable use of the site, 
        and determine whether or not to reserve any right, 
        title or interest in the sites. The managers expect 
        that, consistent with the NEPA, the Service will 
        evaluate the alternative of not disposing of the sites.
            10. The agreement requires that the Forest Service 
        consult with local governmental officials of the 
        community in which the administrative site is located 
        and provide public notice of the proposed conveyance.
            11. The conference agreement does not include the 
        Senate proposal concerning the working capital fund. 
        However, the conference agreement includes, within the 
        Administrative provisions section of the Forest 
        Service, bill language which allows the Forest Service 
        to assess all funds available to the agency to support 
        maintenance of facilities other than recreation 
        facilities. The managers expect that this assessment 
        approach will provide field managers an incentive to 
        carefully evaluate their space needs and help reduce 
        the total amount of building space maintained. This 
        should save money and reduce the tremendous backlog in 
        deferred maintenance that has accumulated within the 
        Forest Service.

                     TITLE VI--VETERANS HEALTH CARE

      Sec. 601. Appropriates $1,500,000,000 to the Department 
of Veterans Affairs for Medical Services for fiscal year 2005. 
The conferees agree that the amount provided will be available 
until September 30, 2006. The conferees note that the fiscal 
year 2006 budget amendment submitted to the Congress on July 
14, 2005 included additional fiscal year 2005 requirements for 
Medical Services. The conferees agree, that prior to completion 
of the fiscal year 2006 appropriations Act for the Department 
of Veterans Affairs, the House and Senate subcommittees of 
jurisdiction will continue to evaluate and adjust the funding 
level required for fiscal year 2006 based upon most current 
information available.


                                   Charles H. Taylor,
                                   Jerry Lewis,
                                   Zach Wamp,
                                   John E. Peterson,
                                   Don Sherwood,
                                   Ernest J. Istook, Jr.,
                                   Robert B. Aderholt,
                                   John T. Doolittle,
                                   Michael Simpson,
                                   Norman D. Dicks,
                                   James P. Moran,
                                   Maurice D. Hinchey,
                                   John W. Olver,
                                   Alan B. Mollohan,
                                 Managers on the Part of the House.
                                   Conrad Burns,
                                   Ted Stevens,
                                   Thad Cochran,
                                   Pete V. Domenici,
                                   Robert F. Bennett,
                                   Judd Gregg,
                                   Larry Craig,
                                   Wayne Allard,
                                   Byron L. Dorgan,
                                   Robert C. Byrd,
                                   Patrick J. Leahy,
                                   Harry Reid,
                                   Dianne Feinstein,
                                   Barbara A. Mikulski,
                                   Herb Kohl,
                                Managers on the Part of the Senate.