[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 4568 Reported in House (RH)]
Union Calendar No. 314
108th CONGRESS
2d Session
H. R. 4568
[Report No. 108-542]
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2005, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2004
Mr. Taylor, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2005, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of the Interior and related agencies
for the fiscal year ending September 30, 2005, 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)), $840,401,000, to
remain available until expended, of which $1,000,000 is for high
priority projects, to be carried out by the Youth Conservation Corps;
$2,232,000 is for assessment of the mineral potential of public lands
in Alaska pursuant to section 1010 of Public Law 96-487; (16 U.S.C.
3150); and of which not to exceed $1,000,000 shall be derived from the
special receipt account established by the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l-6a(i)); and of which $3,500,000
shall be available in fiscal year 2005 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 $840,401,000, 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: Provided,
That appropriations herein made shall not be available for the
destruction of healthy, unadopted, wild horses and burros in the care
of the Bureau or its contractors.
wildland fire management
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, $743,099,000, to remain available until expended, of
which not to exceed $12,374,000 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: (A) local private, nonprofit, or cooperative
entities; (B) Youth Conservation Corps crews or related partnerships
with state, local, or non-profit youth groups; (C) small or micro-
businesses; or (D) other entities that will hire or train locally a
significant percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: 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
$12,000,000, 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.
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
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
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.
construction
For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $15,000,000, 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, $4,500,000, 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;
111,557,000, 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 ecosystems 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 Ecosystems 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 Ecosystems 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 of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on her certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, 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, $970,494,000, to remain
available until September 30, 2006, Provided, That not less than
$1,750,000 shall be provided to local governments in southern
California for planning associated with the Natural Communities
Conservation Planning (NCCP) program and shall remain available until
expended: Provided further, That $2,000,000 is for high priority
projects, which shall be carried out by the Youth Conservation Corps:
Provided further, That not to exceed $16,226,000 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 $12,700,000 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, 2004: 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;
$48,400,000, to remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 4601-4 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, $12,500,000, 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, $15,000,000, 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, $5,000,000, to be derived from the Land
and Water Conservation Fund, and to remain available until expended:
Provided, That the amount provided herein is for 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: Provided further, That balances
from amounts previously appropriated under the heading ``Stewardship
Grants'' shall be transferred to and merged with this appropriation and
shall remain available until expended.
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, $81,596,000,
of which $49,384,000 is to be derived from the Cooperative Endangered
Species Conservation Fund and $49,384,000 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,
$38,000,000, 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), $4,400,000, 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), and the Great Ape Conservation Act of 2000
(16 U.S.C. 6301), $5,900,000, 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, $67,500,000,
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: (A) 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 (B) 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: (A) 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 (B) 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, or committed to develop 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 any amount apportioned in 2005 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2006, shall be reapportioned, together with funds
appropriated in 2007, 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 not to exceed 179
passenger motor vehicles, of which 161 are for replacement only
(including 44 for police-type use); 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 House Report
108-330.
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, $1,686,067,000, of which $10,708,000 is
for planning and interagency coordination in support of Everglades
restoration and shall remain available until expended; of which
$94,690,000, to remain available until September 30, 2005, 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, $81,204,000.
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, $53,877,000: Provided, That
$700,000 from the Statutory and Contractual Aid Account shall be
provided to the City of Tacoma, Washington for the purpose of
conducting a feasibility study for the Train to the Mountain project:
Provided further, That none of the funds in this or previous Acts for
the Rivers, Trails and Conservation Assistance Program may be used for
cooperative agreements, contracts, or cash grants.
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), $71,533,000,
to be derived from the Historic Preservation Fund, to remain available
until September 30, 2006, of which $30,000,000 shall be for Save
America's Treasures for priority preservation projects, of nationally
significant sites, structures, and artifacts: Provided, That any
individual Save America's Treasures grant shall be matched by non-
Federal funds: Provided further, That individual projects shall only be
eligible for one grant, and all projects to be funded shall be approved
by the House and Senate Committees on Appropriations and the Secretary
of the Interior in consultation with the President's Committee on the
Arts and Humanities prior to the commitment of 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
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,
$297,628,000, to remain available until expended: 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, written 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 written
approval of the House and Senate Committees on Appropriations: Provided
further, That these restrictions do not apply to the Flight 93
Memorial: 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: Provided further,
That funds appropriated in this Act and in any prior Acts for the
purpose of implementing the Modified Water Deliveries to Everglades
National Park Project shall be available for expenditure unless the
joint report of the Secretary of the Interior, the Secretary of the
Army, the Administrator of the Environmental Protection Agency, and the
Attorney General which shall be filed within 90 days of enactment of
this Act and by September 30 each year thereafter until December 31,
2006, to the House and Senate Committees on Appropriations, the House
Committee on Transportation and Infrastructure, the House Committee on
Resources and the Senate Committee on Environment and Public Works,
indicates that the water entering A.R.M. Loxahatchee National Wildlife
Refuge and Everglades National Park does not meet applicable State
water quality standards and numeric criteria adopted for phosphorus
throughout A.R.M. Loxahatchee National Wildlife Refuge and Everglades
National Park, as well as water quality requirements set forth in the
Consent Decree entered in United States v. South Florida Water
Management District, and that the House and Senate Committees on
Appropriations respond in writing disapproving the further expenditure
of funds.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2005 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, $107,500,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $91,500,000 is for the State assistance program including
$1,500,000 to administer this program: 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 249 passenger motor vehicles, of which
202 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 process
any grant or contract documents which do not include the text of 18
U.S.C. 1913: Provided further, 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
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.
Notwithstanding any other provision of law, in fiscal year 2005,
with respect to the administration of the National Park Service park
pass program by the National Park Foundation, the Secretary may pay to
the Foundation administrative funds expected to be received in that
fiscal year before the revenues are collected, so long as total
payments in the administrative account do not exceed total revenue
collected and deposited in that account by the end of the fiscal year.
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
and/or misapply relevant contractual requirements, and their underlying
legal authority, the Secretary may seek 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); and
publish and disseminate data relative to the foregoing activities; and
to 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; $944,498,000, of which $63,262,000 shall be available
only for cooperation with States or municipalities for water resources
investigations; and of which $16,185,000 shall remain available until
expended for conducting inquiries into the economic conditions
affecting mining and materials processing industries; and of which
$7,901,000 shall remain available until expended for satellite
operations; and of which $20,099,000 shall be available until September
30, 2006, for the operation and maintenance of facilities and deferred
maintenance; and 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 $171,976,000 shall be available until
September 30, 2006, for the biological research activity and the
operation of the Cooperative Research Units: Provided, That none of
these 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
The amount appropriated for the United States Geological Survey
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, $171,575,000, of which $81,906,000
shall be available for royalty management activities; and an amount not
to exceed $103,730,000, 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 $103,730,000 in
additions to receipts are not realized from the sources of receipts
stated above, the amount needed to reach $103,730,000 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, 2006: Provided further, That funds
appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721(b) and (d): 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 MMS may under the royalty-
in-kind pilot 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, and 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 filling the Strategic
Petroleum Reserve: 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
pilot program is equal to or greater than royalty income recognized
under a comparable royalty-in-value program: Provided further, That in
fiscal year 2005 and thereafter, notwithstanding 30 U.S.C. 191(a) and
43 U.S.C. 1338, the Secretary shall pay, not to exceed $499,000
annually, amounts owed to States under the provision of 30 U.S.C.
1721(b) from amounts received as current receipts from bonuses,
royalties, interest collected from lessees and designees, and rentals
of the public lands and the outer continental shelf under provisions of
the Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which are not
payable to a State or the Reclamation Fund.
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, $7,105,000, 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; $108,805,000: Provided, That the
Secretary of the Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year 2005 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, $194,106,000, 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 2005: 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 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.
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, $1,935,033,000, to remain
available until September 30, 2006 except as otherwise provided herein,
of which not to exceed $85,638,000 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 $133,314,000 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 2005, as
authorized by such Act except that tribes and tribal organizations may
use their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, or compacts, or annual funding agreements
and for unmet welfare assistance costs; and of which not to exceed
$458,057,000 for school operations costs of Bureau-funded schools and
other education programs shall become available on July 1, 2005, and
shall remain available until September 30, 2006; and of which not to
exceed $61,409,000 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 $45,348,000 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 2004 for the
operation of Bureau-funded schools, and up to $3,000,000 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, 2004 of Bureau-operated schools:
Provided further, That any forestry funds allocated to a tribe which
remain unobligated as of September 30, 2006, may be transferred during
fiscal year 2007 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, 2007.
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, $348,626,000, 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 2005, 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 provision in 25 U.S.C. 2507(e): Provided further, That, of the
funds provided for the tribal school demonstration program,
notwithstanding the provisions of paragraph (b)(1) of section 122 of
division F of Public Law 108-7, as amended by section 136 of Public Law
108-108, $4,500,000 is for the Eastern Band of Cherokee education
campus at the Ravensford tract.
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $44,771,000, to remain available
until expended, for implementation of enacted 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; and of which $10,032,000 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, $6,421,000, of which
$695,000 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 $84,699,000.
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 available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995. 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.
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $74,935,000, of which:
(1) $68,372,000 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) $6,563,000
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 General Accounting 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, $5,499,000, as provided for in
sections 221(a)(2), 221(b), and 233 of the Compact of Free Association
for the Republic of Palau as authorized by Public Law 99-658; Public
Law 108-188; and section 221(a)(2) of the Compacts of Free Association
and their related agreements between the Government of the United
States and the Government of the Republic of the Marshall Islands as
amended.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for management of the Department of the
Interior, $93,051,000, of which not to exceed $8,500 may be for
official reception and representation expenses, 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, and of which $13,500,000, to be
derived by transfer from unobligated balances in the ``Central
Hazardous Materials Fund'', shall remain available until expended for a
departmental financial and business management system. Provided, That
none of the funds in this or previous appropriations Acts may be used
to establish any additional reserves in the Working Capital Fund
account other than the two authorized reserves 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), $226,000,000, 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.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $51,356,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$37,655,000.
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,
$196,267,000, to remain available until expended: Provided, That of the
amounts available under this heading not to exceed $58,000,000 shall be
available for records collection and indexing, imaging and coding,
accounting for per capita and judgment accounts, accounting for tribal
accounts, reviewing and distributing funds from special deposit
accounts, and program management of the Office of Historical Trust
Accounting, including litigation support: Provided further, 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 2005, 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, $42,000,000, to remain available
until expended: 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 the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106-291).
Natural Resources 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.),
$5,818,000, 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 are hereby designated by Congress to be ``emergency
requirements'' pursuant to H. Res. 649 and section 402 of S. Con. Res.
95, the concurrent resolution on the budget for fiscal year 2005, and
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 are hereby designated by
Congress to be ``emergency requirements'' pursuant to section 402 of S.
Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress), the concurrent
resolution on the budget for fiscal year 2005, and 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
shall hereafter be available for operation of warehouses, garages,
shops, and similar facilities, wherever consolidation of activities
will contribute to efficiency or economy, and said appropriations shall
be reimbursed for services rendered to any other activity in the same
manner as authorized by sections 1535 and 1536 of title 31, United
States Code: Provided, That reimbursements for costs and supplies,
materials, equipment, and for services rendered may be credited to the
appropriation current at the time such reimbursements are received.
Sec. 104. 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. 105. Appropriations available to the Department of the
Interior for salaries and expenses shall hereafter be available for
uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902 and D.C. Code 4-204).
Sec. 106. Annual appropriations made to the Department of the
Interior shall hereafter be available for obligation in connection with
contracts issued for services or rentals for periods not in excess of
12 months beginning at any time during the fiscal year.
Sec. 107. 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. 108. 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. 109. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 110. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a unit. The Secretary
may provide for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to develop
guidelines and permits for such activity appropriate to that unit.
Sec. 111. Advance payments made to the Department of the Interior
to Indian tribes, tribal organizations, and tribal consortia pursuant
to the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.) may hereafter be invested by the Indian tribe,
tribal organization, or consortium before such funds are expended for
the purposes of the grant, compact, or annual funding agreement so long
as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
Sec. 112. 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. 113. Notwithstanding any other provision of law, 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. 114. 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
2005. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
Sec. 115. Funds appropriated for the Bureau of Indian Affairs for
postsecondary schools for fiscal year 2005 shall be allocated among the
schools proportionate to the unmet need of the schools as determined by
the Postsecondary Funding Formula adopted by the Office of Indian
Education Programs.
Sec. 116. (a) The Secretary of the Interior shall take such action
as may be necessary to ensure that the lands comprising the Huron
Cemetery in Kansas City, Kansas (as described in section 123 of Public
Law 106-291) are used only in accordance with this section.
(b) The lands of the Huron Cemetery shall be used only: (1) for
religious and cultural uses that are compatible with the use of the
lands as a cemetery; and (2) as a burial ground.
Sec. 117. 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. 118. Notwithstanding other provisions of law, the National
Park Service hereafter may authorize, through cooperative agreement,
the Golden Gate National Parks Association to provide fee-based
education, interpretive and visitor service functions within the Crissy
Field and Fort Point areas of the Presidio.
Sec. 119. Notwithstanding 31 U.S.C. 3302(b), sums received by the
Bureau of Land Management for the sale of seeds or seedlings, may
hereafter be credited to the appropriation from which funds were
expended to acquire or grow the seeds or seedlings and are available
without fiscal year limitation.
Sec. 120. 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. 121. Funds provided in this Act for Federal land acquisition
by the National Park Service for Shenandoah Valley Battlefields
National Historic District, New Jersey Pinelands Preserve, and Ice Age
National Scenic Trail may be used for a grant to a State, a local
government, or any other governmental 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. 122. 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. 123. 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. 124. None of the funds made available in this or any other Act
for any fiscal year may be used to designate, or to post any sign
designating, any portion of Canaveral National Seashore in Brevard
County, Florida, as a clothing-optional area or as an area in which
public nudity is permitted, if such designation would be contrary to
county ordinance.
Sec. 125. 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. 126. The Secretary of the Interior may use discretionary funds
to pay private attorneys 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. 127. 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. 128. Such sums as may be necessary from ``Departmental
Management, Salaries and Expenses'', shall be transferred to ``United
States Fish and Wildlife Service, Resource Management'' for operational
needs at the Midway Atoll National Wildlife Refuge airport.
Sec. 129. (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. 130. 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. 131. 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 2006 shall not exceed $12,000,000.
Sec. 132. Notwithstanding any implementation of the Department of
the Interior's trust reorganization plan within fiscal years 2004 or
2005, funds appropriated for fiscal year 2005 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-
Kootenai Tribes of the Flathead Reservation and the Chippewa Cree Tribe
of the Rocky Boys Reservation on the same basis as funds were
distributed in fiscal year 2004. This Demonstration Project shall
operate separate and apart from the Department of the Interior's trust
reform 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. Sections 458aa-458hh:
Provided, That the California Trust Reform Consortium and any other
participating tribe agree to carry out their responsibilites under the
same fiduciary standards as those to which the Secretary of the
Interior is held: Provided further, That they demonstrate, and continue
to demonstrate, to the satisfaction of the Secretary that they have the
capability to do so.
Sec. 133. None of the funds appropriated or otherwise made
available by this or any other Act, hereafter enacted, may be used to
permit the use of the National Mall for a special event, unless the
permit expressly prohibits the erection, placement, or use of
structures and signs bearing commercial advertising. The Secretary may
allow for recognition of sponsors of special events: Provided, That the
size and form of the recognition shall be consistent with the special
nature and sanctity of the Mall and any lettering or design identifying
the sponsor shall be no larger than one-third the size of the lettering
or design identifying the special event. In approving special events,
the Secretary shall ensure, to the maximum extent practicable, that
public use of, and access to the Mall is not restricted. For purposes
of this section, the term ``special event'' shall have the meaning
given to it by section 7.96(g)(1)(ii) of title 36, Code of Federal
Regulations.
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $280,654,000, to remain available until expended:
Provided, That of the funds provided, $52,714,000 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, $282,446,000, to remain
available until expended, as authorized by law of which $43,119,000 is
to be derived from the Land and Water Conservation Fund: Provided, That
none of the funds provided under this heading for the acquisition of
lands or interests in lands shall be available until the Forest Service
notifies the House Committee on Appropriations and the Senate Committee
on Appropriations, in writing, of specific contractual and grant
details including the non-Federal cost share.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,399,599,000, 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 2005 shall be
displayed by budget line item in the fiscal year 2006 budget
justification: Provided further, That, through fiscal year 2009, the
Secretary may authorize the expenditure or transfer of such sums as
necessary to the Department of the Interior, Bureau of Land Management,
for removal, preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of cadastral
surveys to designate the boundaries of such lands.
wildland fire management
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, $1,734,865,000, 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 2004 shall be transferred, as repayment for past
advances that have not been repaid, to the fund established pursuant to
section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.): Provided
further, That notwithstanding any other provision of law, $8,000,000 of
funds appropriated under this appropriation shall be used for Fire
Science Research in support of the Joint Fire Science Program: Provided
further, That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available in
the utilization of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities in
the urban-wildland interface, support to Federal emergency response,
and wildfire suppression activities of the Forest Service: Provided
further, That of the funds provided, $266,238,000 is for hazardous
fuels reduction activities, $13,000,000 is for rehabilitation and
restoration, $23,000,000 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.),
$40,000,000 is for State fire assistance, $8,000,000 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 House Report 108-330: 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 Appropriations, 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 in
using the funds provided in this Act for hazardous fuels reduction
activities, the Secretary of Agriculture may conduct fuel reduction
treatments on Federal lands using all contracting and hiring
authorities available to the Secretary applicable to hazardous fuel
reduction activities under the wildland fire management accounts:
Provided further, That notwithstanding Federal Government procurement
and contracting laws, the Secretaries may conduct fuel reduction
treatments, rehabilitation and restoration, and other activities
authorized under this heading on and adjacent to Federal lands using
grants and cooperative agreements: Provided further, That
notwithstanding Federal Government procurement and contracting laws, in
order to provide employment and training opportunities to people in
rural communities, the Secretaries may award contracts, including
contracts for monitoring activities, to local private, non-profit, or
cooperative entities; Youth Conservation Corps crews or related
partnerships, with State, local and non-profit youth groups; small or
micro-businesses; or other entities that will hire or train a
significant percentage of local people to complete such contracts:
Provided further, That the authorities described above relating to
contracts, grants, and cooperative agreements are available until all
funds provided in this title for hazardous fuels reduction activities
in the urban wildland interface are obligated: 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 $12,000,000, between
the Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and projects.
capital improvement and maintenance
For necessary expenses of the Forest Service, not otherwise
provided for, $522,940,000, 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.
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, $15,500,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
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), $65,000, 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),
$5,962,000 available until expended.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 124 passenger
motor vehicles of which 21 will be used primarily for law enforcement
purposes and of which 124 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such
vehicles; purchase, operation, maintenance, and acquisition of aircraft
from excess sources to maintain the operable fleet at 195 aircraft for
use in Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the House and Senate Committees
on Appropriations and if and only if all previously appropriated
emergency contingent funds under the heading ``Wildland Fire
Management'' have been released by the President and apportioned and
all wildfire suppression funds under the heading ``Wildland Fire
Management'' are obligated.
The first transfer of funds into the Wildland Fire Management
account shall include unobligated funds, if available, from the Land
Acquisition account and the Forest Legacy program within the State and
Private Forestry account.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development 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.
None of the funds appropriated or otherwise made available by this
Act shall be used to pay the salaries and expenses of personnel to
carry out section 8002 of the Farm Security and Rural Investment Act of
2002. Not less than $40,000,000 of funds under such section is hereby
cancelled.
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 House Report 108-330.
Not more than $72,467,000 of the funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture.
Funds available to the Forest Service shall be available to conduct
a program of not less than $2,000,000 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, $2,500 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, $3,300,000 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, $300,000 may be used for Forest
Service Centennial activities and, of the total available to the
Foundation, no more than $350,000 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 available for matching
funds to the National Fish and Wildlife Foundation, as authorized by 16
U.S.C. 3701-3709, and may be advanced in a lump sum to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when expenses are incurred, for projects on or benefitting
National Forest System lands or related to Forest Service programs:
Provided, 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 advanced 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.
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 $1,000,000.
For each fiscal year through 2009, the Secretary of Agriculture may
transfer or reimburse funds available to the Forest Service, not to
exceed $15,000,000, to the Secretary of the Interior or the Secretary
of Commerce to expedite conferencing and consultations as required
under section 7 of the Endangered Species Act, 16 U.S.C. 1536. The
amount of the transfer or reimbursement shall be as mutually agreed by
the Secretary of Agriculture and the Secretary of the Interior or
Secretary of Commerce, as applicable, or their designees. The amount
shall in no case exceed the actual costs of consultation and
conferencing.
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)).
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $237,000,000 shall not be available until October 1, 2005,
Provided, That funds made available in previous appropriations Acts
shall be available for any ongoing project regardless of the separate
request for proposal under which the project was selected: Provided
further, That of the funds made available in prior year appropriations
under this heading, up to $18,000,000 shall be available in fiscal year
2005 for FutureGen, without regard to the terms and conditions
applicable to clean coal technology projects: Provided further, That
the initial planning and research stages of the FutureGen project shall
include a matching requirement from non-Federal sources of at least 20
percent of the costs: Provided further, That any demonstration
component of such project shall include a matching requirement from
non-Federal sources of at least 50 percent of the costs of the
component.
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal
of mineral substances without objectionable social and environmental
costs (30 U.S.C. 3, 1602, and 1603), $601,875,000, to remain available
until expended, of which $4,000,000 is to continue a multi-year project
for construction, renovation, furnishing, and demolition or removal of
buildings at National Energy Technology Laboratory facilities in
Morgantown, West Virginia and Pittsburgh, Pennsylvania; and of which
$105,000,000 is available, after coordination with the private sector,
for a request for proposals for a Clean Coal Power Initiative providing
for competitively-awarded research, development, and demonstration
projects to reduce the barriers to continued and expanded coal use:
Provided further, That no project may be selected for which sufficient
funding is not available to provide for the total project: Provided
further, That funds shall be expended in accordance with the provisions
governing the use of funds contained under the heading ``Clean Coal
Technology'' in 42 U.S.C. 5903d: Provided further, That the Department
may include provisions for repayment of Government contributions to
individual projects in an amount up to the Government contribution to
the project on terms and conditions that are acceptable to the
Department including repayments from sale and licensing of technologies
from both domestic and foreign transactions: Provided further, That
such repayments shall be retained by the Department for future coal-
related research, development and demonstration projects: Provided
further, That any technology selected under this program shall be
considered a Clean Coal Technology, and any project selected under this
program shall be considered a Clean Coal Technology Project, for the
purposes of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 of title 40 of
the Code of Federal Regulations: Provided further, That no part of the
sum herein made available shall be used for the field testing of
nuclear explosives in the recovery of oil and gas: Provided further,
That up to 4 percent of program direction funds available to the
National Energy Technology Laboratory may be used to support Department
of Energy activities not included in this account.
naval petroleum and oil shale reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, $18,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
elk hills school lands fund
For necessary expenses in fulfilling installment payments under the
Settlement Agreement entered into by the United States and the State of
California on October 11, 1996, as authorized by section 3415 of Public
Law 104-106, $36,000,000, to become available on October 1, 2005 for
payment to the State of California for the State Teachers' Retirement
Fund from the Elk Hills School Lands Fund.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $656,071,000, to remain available until expended, of which
$45,098,000 shall be for State energy program grants.
strategic petroleum reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), $172,100,000, to remain available until expended.
northeast home heating oil reserve
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operations, and management activities pursuant to the Energy
Policy and Conservation Act of 2000, $5,000,000, to remain available
until expended.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $85,000,000, to remain available until
expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made
to other agencies of the Government for the performance of work for
which the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal, State,
private or foreign: Provided, That revenues and other moneys received
by or for the account of the Department of Energy or otherwise
generated by sale of products in connection with projects of the
Department appropriated under this Act may be retained by the Secretary
of Energy, to be available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing entities
as provided in appropriate cost-sharing contracts or agreements:
Provided further, That the remainder of revenues after the making of
such payments shall be covered, into the Treasury as miscellaneous
receipts: Provided further, That any contract, agreement, or provision
thereof entered into by the Secretary pursuant to this authority shall
not be executed 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 comprehensive report on such project,
including the facts and circumstances relied upon in support of the
proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
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, $2,628,322,000, 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 $479,085,000 for contract medical care
shall remain available for obligation until September 30, 2006:
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 $267,398,000 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 2005, of which not to exceed
$2,500,000 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 funds
available for the Indian Health Care Improvement Fund may be used, as
needed, to carry out activities typically funded under the Indian
Health Facilities account.
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, $405,048,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities: Provided
further, That not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of Defense
for distribution to the Indian Health Service and tribal facilities:
Provided further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities construction for
new homes funded with grants by the housing programs of the United
States Department of Housing and Urban Development: Provided further,
That not to exceed $1,000,000 from this account and the ``Indian Health
Services'' account shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the Indian
Health Service and the General Services Administration: Provided
further, That not to exceed $500,000 shall be placed in a Demolition
Fund, available until expended, to be used by the Indian Health Service
for demolition of Federal buildings: Provided further, That up to
$2,700,000 may be used for the purchase of up to 27 acres at two sites
for the construction of the northern and southern California Youth
Regional Treatment Centers subject to advance approval from the House
and Senate Committees on Appropriations.
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 III 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 Indian Health Service may purchase 8.5 acres of land for
expansion of parking facilities at the W.W. Hastings hospital in
Tahlequah, Oklahoma using third party collections subject to advance
approval from the House and Senate Committees on Appropriations.
The appropriation structure for the Indian Health Service may not
be altered without advance approval of the House and Senate Committees
on Appropriations.
OTHER RELATED AGENCIES
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, $11,000,000, 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), $6,000,000.
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, $496,925,000,
of which not to exceed $11,108,000 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 $1,620,000 for fellowships and scholarly awards shall remain
available until September 30, 2006; 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, $122,900,000, 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: Provided
further, That balances from amounts previously appropriated under the
headings ``Repair, Restoration and Alteration of Facilities'' and
``Construction'' shall be transferred to and merged with this
appropriation and shall remain until expended.
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 approval from the Board of Regents of recommendations
received from the Science Commission.
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 written 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, $93,000,000, of which not to exceed $3,026,000 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, $11,100,000,
to remain available until expended: Provided, That contracts awarded
for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
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, $17,152,000.
John F. Kennedy Center for the Performing Arts
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, $10,000,000, 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,
$8,987,000.
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, $120,972,000, 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 $22,000,000 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.
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, $122,377,000, 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,
$16,122,000, to remain available until expended, of which $10,436,000
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), $1,793,000: 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. 956(a)), as amended, $7,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $4,600,000: Provided,
That none of these funds shall be available for compensation of level V
of the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $7,999,000: Provided, That one-quarter of
one percent of the funds provided under this heading may be used for
official reception and representational expenses to host 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), $41,433,000, of which
$1,900,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions 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.
TITLE III--GENERAL PROVISIONS
Sec. 301. 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. 302. 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.
Sec. 303. 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. 304. 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. 305. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless notice of
such assessments and the basis therefor are presented to the Committees
on Appropriations and are approved by such committees.
Sec. 306. 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 2004.
Sec. 307. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
claims, as the case may be, were fully complied with by the applicant
by that date.
(c) Report.--On September 30, 2005, 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. 308. 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, and 108-108 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 2004 for such purposes, except that, for the Bureau of
Indian Affairs, tribes and tribal organizations may use their tribal
priority allocations for unmet indirect costs of ongoing contracts,
grants, self-governance compacts or annual funding agreements.
Sec. 309. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be used
to make a grant to any other organization or individual to
conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 310. Through fiscal year 2009, the National Endowment for the
Arts and the National Endowment for the Humanities are 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. 311. The section shall apply for fiscal years 2005 through
2009. (a) In providing services or awarding financial assistance under
the National Foundation on the Arts and the Humanities Act of 1965 from
funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 312. 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. 313. None of the funds in this Act may be used to support
Government-wide administrative functions unless such functions are
justified in the budget process and funding is approved by the House
and Senate Committees on Appropriations.
Sec. 314. Notwithstanding any other provision of law, for fiscal
year 2005 the Secretaries of Agriculture and the Interior are
authorized to limit competition for watershed restoration project
contracts as part of the ``Jobs in the Woods'' Program established in
Region 10 of the Forest Service to individuals and entities in
historically timber-dependent areas in the States of Washington,
Oregon, northern California, Idaho, Montana, and Alaska that have been
affected by reduced timber harvesting on Federal lands. The Secretaries
shall consider the benefits to the local economy in evaluating bids and
designing procurements which create economic opportunities for local
contractors.
Sec. 315. Amounts deposited during fiscal year 2004 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. 316. 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. 317. Section 3 of the Act of June 9, 1930 (commonly known as
the Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended--
(1) by striking ``The Secretary of Agriculture may, when in
his'' and inserting ``(a) The Secretary of Agriculture may,
when in his or her'';
(2) by striking ``Such deposits'' and inserting the
following: ``Each of these 4 purposes shall be of equal
priority.
``(b) Amounts deposited under subsection (a)'';
(3) by striking ``may direct:'' and all that follows
through ``That the Secretary of Agriculture'' and inserting
``may direct. The Secretary of Agriculture''; and
(4) by adding at the end the following new subsection:
``(c) Any portion of the balance at the end of a fiscal year in the
special fund established pursuant to this section that the Secretary of
Agriculture determines to be in excess of the cost of doing work
described in subsection (a) (as well as any portion of the balance in
the special fund that the Secretary determined, before October 1, 2004,
to be excess of the cost of doing work described in subsection (a), but
which has not been transferred by that date) shall be transferred to
miscellaneous receipts, National Forest Fund, as a National Forest
receipt, but only if the Secretary also determines that--
``(1) the excess amounts will not be needed for emergency
wildfire suppression during the fiscal year in which the
transfer would be made; and
``(2) the amount to be transferred to miscellaneous
receipts, National Forest Fund, exceeds the outstanding balance
of unreimbursed funds transferred from the special fund in
prior fiscal years for wildfire suppression.''.
Sec. 318. A project undertaken by the Forest Service under the
Recreation Fee Demonstration Program as authorized by section 315 of
the Department of the Interior and Related Agencies Appropriations Act
for Fiscal Year 1996, as amended, shall not result in--
(1) displacement of the holder of an authorization to
provide commercial recreation services on Federal lands. Prior
to initiating any project, the Secretary shall consult with
potentially affected holders to determine what impacts the
project may have on the holders. Any modifications to the
authorization shall be made within the terms and conditions of
the authorization and authorities of the impacted agency; and
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided
in the past by a private sector provider, except when--
(A) the private sector provider fails to bid on
such opportunities;
(B) the private sector provider terminates its
relationship with the agency; or
(C) the agency revokes the permit for non-
compliance with the terms and conditions of the
authorization.
In such cases, the agency may use the Recreation Fee Demonstration
Program to provide for operations until a subsequent operator can be
found through the offering of a new prospectus.
Sec. 319. Prior to October 1, 2005, 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. 320. 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. 321. Extension of Forest Service Conveyances Pilot Program.--
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
amended--
(1) in subsection (b), by striking ``30'' and inserting
``40'';
(2) in subsection (c) by striking ``8'' and inserting
``13''; and
(3) in subsection (d), by striking ``2006'' and inserting
``2008''.
Sec. 322. Employees of the foundations established by Acts of
Congress to solicit private sector funds on behalf of Federal land
management agencies shall, hereafter, qualify for General Service
Administration contract airfares.
Sec. 323. 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. 324. Notwithstanding any other provision of law or regulation,
to promote the more efficient use of the health care funding allocation
for fiscal year 2005, 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. 325. 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
authority provided in, this Act or any other appropriations Act.
Sec. 326. 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 2005.
Sec. 327. None of the funds made available in this Act may be used
for the planning, design, or construction of improvements to
Pennsylvania Avenue in front of the White House without the advance
approval of the Committees on Appropriations.
Sec. 328. In awarding a Federal Contract with funds made available
by this Act, 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 the Secretaries may award 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 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. 329. No funds appropriated in this Act for the acquisition of
lands or interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without the
approval of the House and Senate Committees on Appropriations:
Provided, That this provision shall not apply to funds appropriated to
implement the Everglades National Park Protection and Expansion Act of
1989, or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
Sec. 330. Section 315(f) of the Department of the Interior and
Related Agencies Appropriations Act, 1996 (as contained in section
101(c) of Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a
note), is amended--
(1) in subsection (b), by inserting ``subject to subsection
(g) but'' before ``notwithstanding'' in the matter preceding
paragraph (1); and
(2) by adding at the end the following new subsection:
``(g) The Secretary of Agriculture may not charge or collect fees
under this section for the following:
``(1) Admission to a unit of the National Forest System (as
defined in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
``(2) the use of, either singly or in any combination, of
the following:
``(A) undesignated parking along roads;
``(B) overlook sites or scenic pullouts;
``(C) information offices and centers that only
provide general area information and limited services
or interpretive exhibits; and
``(D) dispersed areas for which expenditures in
facilities or services are limited.''
Sec. 331. (a) Annual Reporting Requirements on Competitive Sourcing
Activities.--
(1) Not later than December 31 of each year, beginning with
December 31, 2004, the Secretary concerned shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report, covering the preceding fiscal year,
on the competitive sourcing studies conducted by the Department
of the Interior, the Forest Service, or the Department of
Energy, as appropriate, and the costs and cost savings to the
citizens of the United States of such studies.
(2) In this subsection, the term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
the Department of the Interior programs, projects, and
activities for which funds are appropriated by this
Act;
(B) the Secretary of Agriculture, with respect to
the Forest Service; and
(C) the Secretary of Energy, with respect to the
Department of Energy programs, projects, and activities
for which funds are appropriated by this Act.
(3) The report under this subsection shall include, for the
fiscal year covered--
(A) the total number of competitions completed;
(B) the total number of competitions announced,
together with a list of the activities covered by such
competitions;
(C) the total number of full-time equivalent
Federal employees studied under completed competitions;
(D) the total number of full-time equivalent
Federal employees being studied under competitions
announced, but not completed;
(E) the incremental cost directly attributable to
conducting the competitions identified under
subparagraphs (A) and (B), 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;
(F) an estimate of the total anticipated savings,
or a quantifiable description of improvements in
service or performance, derived from completed
competitions;
(G) actual savings, or a quantifiable description
of improvements in service or performance, derived from
the implementation of competitions;
(H) the total projected number of full-time
equivalent Federal employees covered by competitions
scheduled to be announced in the fiscal year; and
(I) a description of how the competitive sourcing
decision making processes are aligned with strategic
workforce plans.
(b) Competitive Sourcing Exemption for Forest Service Studies
Conducted Prior to Fiscal Year 2005.--Notwithstanding requirements of
Office of Management and Budget Circular A-76, Attachment B, 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.
(c) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other Act to
the Department of Energy or the Department of the Interior for
fiscal year 2005, not more than the maximum amount specified in
paragraph (2)(A) may be used by the Secretary of Energy or the
Secretary of the Interior to initiate or continue competitive
sourcing studies in fiscal year 2005 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
in House Report 108-330.
(2) For the purposes of paragraph (1), the maximum amount--
(A) with respect to the Department of Energy is
$500,000; and
(B) with respect to the Department of the Interior
is $2,500,000; and
(3) Of the funds appropriated by this Act, not more than
$2,000,000 may be used in fiscal year 2005 for competitive
sourcing studies and related activities by the Forest Service.
(d) Limitation on Conversion to Contractor Performance.--
(1) None of the funds made available in this or any other
Act may be used to convert to contractor performance an
activity or function of the Forest Service, an activity or
function of the Department of the Interior performed under
programs, projects, and activities for which funds are
appropriated by this Act, or an activity or function of the
Department of Energy performed under programs, projects, and
activities for which funds are appropriated by this Act, if
such activity or function is performed on or after the date of
the enactment of this Act by more than 10 Federal employees
unless--
(A) the conversion is based on the result of a
public-private competition that includes a more
efficient and cost effective organization plan
developed by such activity or function; and
(B) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Federal Government by an amount that equals or exceeds
the lesser of--
(i) 10 percent of the more efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(ii) $10,000,000.
(2) This subsection shall not apply to a commercial or
industrial type function that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(41 U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by
an Indian tribe, as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(3) The conversion of any activity or function under the
authority provided by this subsection shall be credited toward
any competitive or outsourcing goal, target, or measurement
that may be established by statute, regulation, or policy.
(e) Competitive Sourcing Study Defined.--In this subsection, 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.
Sec. 332. Estimated overhead charges, deductions, reserves or
holdbacks from programs, projects and activities to support
governmentwide, departmental, agency or bureau administrative functions
or headquarters, regional or central office operations shall be
presented in annual budget justifications. Changes to such estimates
shall be presented to the Committees on Appropriations for approval.
Sec. 333. None of the funds in this or any other Act may be used by
the agencies funded in this Act to implement Safecom, Disaster
Management, E-Training, and E-Rulemaking.
conveyance of a small parcel of public domain land in the san
bernardino national forest in the state of california
Sec. 334. (a) Findings.--The Congress finds that--
(1) a select area of the San Bernardino National Forest in
California is heavily developed with recreation residences and
is immediately adjacent to comparably developed private
property;
(2) it is in the public interest to convey the above
referenced area to the owners of the recreation residences; and
(3) the Secretary of Agriculture should use the proceeds of
such conveyance to acquire additional lands within the
boundaries of the San Bernardino National Forest.
(b) Conveyance Required.--Subject to valid existing rights and such
terms, conditions, and restrictions as the Secretary deems necessary or
desirable in the public interest, the Secretary of Agriculture shall
convey to the Mill Creek Homeowners Association (hereinafter
Association) all right, title, and interest of the United States in and
to the Mill Creek parcel of real estate described in subsection (c)(1).
In the event the Secretary and the Association for any reason do not
complete the sale within two years from the date of enactment of this
Act, this authority shall expire.
(c) Legal Description and Correction Authority.--
(1) Description.--The Mill Creek parcel, approximately
28.75 acres, as shown on a map, ``The Mill Creek Conveyance
Parcel--San Bernardino National Forest, dated June 1, 2004''
and more particularly described as T.1 S., R.1 W., Section 8,
E1/2N1/2N1/2NE1/4SE1/4NE1/4S1/2N1/2N1/2SE1/4NE1/4S1/2N1/2SE1/
4NE1/4NE1/4SW1/4SE1/4NE1/4N1/2SE1/4SE1/4NE1/4S1/2NE1/4SW1/4NE1/
4, located in the San Bernardino Meridian of the United States
Public Land Survey System, California. The map shall be on file
and available for inspection in the office of the Chief, Forest
Service, Washington, D.C. and in the office of the Forest
Supervisor, San Bernardino National Forest until such time as
the lands are conveyed.
(2) Corrections.--The Secretary is authorized to make minor
corrections to this map and may modify the description to
correct errors or to reconfigure the property in order to
facilitate conveyance. In the event of a conflict between the
map description and the USPLSS description of the land in
paragraph (1), the map will be considered the definitive
description of the land.
(d) Consideration.--Consideration for the conveyance under
subsection (b) shall be equal to the appraised fair market value of the
parcel of real property to be conveyed. Such appraisal shall be
prepared in conformity with the Uniform Appraisal Standards for Federal
Land Acquisition.
(e) Access Requirements.--Notwithstanding section 1323(a) of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or
any other law, the Secretary is not required to provide access over
National Forest System lands to the parcel of real estate to be
conveyed under subsection (b).
(f) Administrative Costs.--All costs incurred by the Secretary of
Agriculture and any costs associated with the creation of a subdivided
parcel, conducting and recordation of a survey, zoning, planning
approval, and similar expenses with respect to the conveyance under
subsection (b), shall be borne by the Association.
(g) Assumption of Liability.--By acceptance of the conveyance of
the parcel of real property referred to in subsection (b), the
Association and its successors and assigns will indemnify and hold
harmless the United States for any and all liability to any party that
is associated with the parcel.
(h) Treatment of Receipts.--All funds received pursuant to the
conveyance of the parcel of real property referred to in subsection (b)
shall be deposited in the fund established under Public Law 90-171 (16
U.S.C. 484a; commonly known as the Sisk Act), and the funds shall
remain available to the Secretary, until expended, for the acquisition
of lands, waters, and interests in land for inclusion in the San
Bernardino National Forest.
Sec. 335. Section 331 of the Department of the Interior and Related
Agencies Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 996),
is amended--
(1) in subsection (a), by striking ``Until September 30,
2004, the'' and inserting ``The''; and
(2) by adding at the end the following new subsections:
``(d) Inclusion of Colorado BLM Lands.--The authority provided by
this section shall also be available to the Secretary of the Interior
with respect to public lands in the State of Colorado administered by
the Secretary through the Bureau of Land Management.
``(e) Expiration of Authority.--The authority of the Secretary of
Agriculture and the Secretary of the Interior to enter into cooperative
agreements and contracts under this section expires September 30, 2009,
and the term of any cooperative agreement or contract entered into
under this section shall not extend beyond that date.''.
TITLE IV--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEARS 2004 AND 2005
FOR URGENT WILDLAND FIRE SUPPRESSION ACTIVITIES
CHAPTER 1--FISCAL YEAR 2004
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
For an additional amount for fiscal year 2004 for ``Wildland Fire
Management'', $100,000,000, to remain available until expended, for
urgent wildland fire suppression activities related to the fiscal year
2004 fire season pursuant to section 312 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress): Provided, That such funds are also available
for repayment of advances to other appropriation accounts from which
funds are transferred for such purposes: Provided further, That cost
containment measures shall be implemented within this account for
fiscal year 2004, and the Secretary of the Interior shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report on such cost containment measures by December
31 following the end of such fiscal year.
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
For an additional amount for fiscal year 2004 for ``Wildland Fire
Management'', $400,000,000, to remain available until expended, for
urgent wildland fire suppression activities related to the fiscal year
2004 fire season pursuant to section 312 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress): Provided, That such funds are also available
for repayment of advances to other appropriation accounts from which
funds are transferred for such purposes: Provided further, That cost
containment measures shall be implemented within this account for
fiscal year 2004, and the Secretary of Agriculture shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a report on such cost containment measures by December
31 following the end of such fiscal year.
CHAPTER 2--FISCAL YEAR 2005
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
wildland fire management
For an additional amount for fiscal year 2005 for ``Wildland Fire
Management'', $100,000,000, to remain available until expended, for
urgent wildland fire suppression activities related to the fiscal year
2005 fire season pursuant to section 312 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress): Provided, That these funds will become
available in the event that funds provided in title I of this Act for
wildland fire suppression are insufficient: Provided further, That such
funds are also available for repayment of advances to other
appropriation accounts from which funds are transferred for such
purposes: Provided further, That cost containment measures shall be
implemented within this account for fiscal year 2005, and the Secretary
of the Interior shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a report on such cost
containment measures by December 31 following the end of such fiscal
year.
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
For an additional amount for fiscal year 2005 for ``Wildland Fire
Management'', $400,000,000, to remain available until expended, for
urgent wildland fire suppression activities related to the fiscal year
2005 fire season pursuant to section 312 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress): Provided, That these funds will become
available in the event that funds provided in title II of this Act for
wildland fire suppression are insufficient: Provided further, That such
funds are also available for repayment of advances to other
appropriation accounts from which funds are transferred for such
purposes: Provided further, That cost containment measures shall be
implemented within this account for fiscal year 2005, and the Secretary
of Agriculture shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a report on such cost
containment measures by December 31 following the end of such fiscal
year.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 2005''.
Union Calendar No. 314
108th CONGRESS
2d Session
H. R. 4568
[Report No. 108-542]
_______________________________________________________________________
Making appropriations for the Department of the Interior and related
agencies for the fiscal year ending September 30, 2005, and for other
purposes.
_______________________________________________________________________
June 15, 2004
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed