Department of the Interior, Environment, and Related Agencies Appropriations Act, 2007

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5386 Reported in Senate (RS)]

Calendar No. 507
109th CONGRESS
2d Session
H.R. 5386

[Report No. 109-275]

Rule___________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 19, 2006

Received; read twice and referred to the Committee on Appropriations

June 29, 2006

Reported by Mr. Burns, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

AN ACT

Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2007, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Department of the
Interior, environment, and related agencies for the fiscal year ending
September 30, 2007, and for other purposes, namely:</DELETED>

<DELETED>TITLE I--DEPARTMENT OF THE INTERIOR</DELETED>

<DELETED>Bureau of Land Management</DELETED>

<DELETED>management of lands and resources</DELETED>

<DELETED>    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)), $867,738,000
(reduced by $1) (increased by $1), to remain available until expended,
of which $1,250,000 is for high priority projects, to be carried out by
the Youth Conservation Corps; and of which $2,750,000 shall be
available in fiscal year 2007 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.</DELETED>
<DELETED>    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 $867,738,000, 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.</DELETED>

<DELETED>wildland fire management</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    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, $769,253,000, to remain available until expended, of
which not to exceed $7,338,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
reduction activities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on
Federal land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes of
hazardous fuels reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews or related partnerships
with State, local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that 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
$9,000,000, between the Departments when such transfers would
facilitate and expedite jointly funded wildland fire management
programs and projects: Provided further, That funds provided for
wildfire suppression shall be available for support of Federal
emergency response actions.</DELETED>

<DELETED>construction</DELETED>

<DELETED>    For construction of buildings, recreation facilities,
roads, trails, and appurtenant facilities, $11,476,000, to remain
available until expended.</DELETED>

<DELETED>land acquisition</DELETED>

<DELETED>    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, $3,067,000, to be
derived from the Land and Water Conservation Fund and to remain
available until expended.</DELETED>

<DELETED>oregon and california grant lands</DELETED>

<DELETED>    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; $111,408,000, 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).</DELETED>

<DELETED>forest ecosystem health and recovery fund</DELETED>

<DELETED>(revolving fund, special account)</DELETED>

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

<DELETED>range improvements</DELETED>

<DELETED>    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.</DELETED>

<DELETED>service charges, deposits, and forfeitures</DELETED>

<DELETED>    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.</DELETED>

<DELETED>miscellaneous trust funds</DELETED>

<DELETED>    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.</DELETED>

<DELETED>administrative provisions</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    Section 28 of title 30, United States Code, is amended:
(1) in section 28 by striking the phrase ``shall commence at 12 o'clock
meridian on the 1st day of September'' and inserting ``shall commence
at 12:00 ante meridian on the 1st day of September''; (2) in section
28f(a), by striking the phrase ``for years 2004 through 2008''; and (3)
in section 28g, by striking the phrase ``and before September 30,
2008,''.</DELETED>
<DELETED>    Refunds or rebates received on an on-going basis from an
information technology (IT) vendor as part of the Bureau of Land
Management (BLM) consolidated IT procurements for the Department of the
Interior and other Federal Government departments hereafter may be
deposited into the Management of Lands and Resources Fund to be used to
offset BLM's costs incurred in providing this service.</DELETED>

<DELETED>United States Fish and Wildlife Service</DELETED>

<DELETED>resource management</DELETED>

<DELETED>    For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific and economic
studies, maintenance of the herd of long-horned cattle on the Wichita
Mountains Wildlife Refuge, general administration, and for the
performance of other authorized functions related to such resources by
direct expenditure, contracts, grants, cooperative agreements and
reimbursable agreements with public and private entities,
$1,016,669,000, to remain available until September 30, 2008, except as
otherwise provided herein: Provided, That $2,500,000 is for high
priority projects, which shall be carried out by the Youth Conservation
Corps: Provided further, That not to exceed $17,759,000 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 $12,581,000 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, 2006: 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.</DELETED>

<DELETED>construction</DELETED>

<DELETED>    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;
$39,756,000, to remain available until expended.</DELETED>

<DELETED>land acquisition</DELETED>

<DELETED>    For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 through
11), including administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory authority
applicable to the United States Fish and Wildlife Service, $19,751,000,
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.</DELETED>

<DELETED>landowner incentive program</DELETED>

<DELETED>    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.</DELETED>

<DELETED>private stewardship grants</DELETED>

<DELETED>    For expenses necessary to carry out the Land and Water
Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 through
11), including administrative expenses, and for private conservation
efforts to be carried out on private lands, $7,000,000, 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.</DELETED>

<DELETED>cooperative endangered species conservation fund</DELETED>

<DELETED>    For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended,
$80,507,000 to remain available until expended, of which $20,161,000 is
to be derived from the Cooperative Endangered Species Conservation Fund
and $60,346,000 is to be derived from the Land and Water Conservation
Fund.</DELETED>

<DELETED>national wildlife refuge fund</DELETED>

<DELETED>    For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $14,202,000.</DELETED>

<DELETED>north american wetlands conservation fund</DELETED>

<DELETED>    For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act, Public Law 101-233, as
amended, $36,646,000, to remain available until expended.</DELETED>

<DELETED>neotropical migratory bird conservation</DELETED>

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

<DELETED>multinational species conservation fund</DELETED>

<DELETED>    For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5301-5306), the Great Ape Conservation Act of 2000 (16
U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public
Law 108-266; 16 U.S.C. 6601), $6,057,000, to remain available until
expended.</DELETED>

<DELETED>state and tribal wildlife grants</DELETED>

<DELETED>    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,
$50,000,000, to be derived from the Land and Water Conservation Fund,
and to remain available until expended: Provided, That of the amount
provided herein, $5,000,000 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 $5,000,000 and administrative expenses, apportion the
amount provided herein in the following manner: (1) to the District of
Columbia and to the Commonwealth of Puerto Rico, each a sum equal to
not more than one-half of 1 percent thereof; and (2) to Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1) one-third
of which is based on the ratio to which the land area of such State
bears to the total land area of all such States; and (2) two-thirds of
which is based on the ratio to which the population of such State bears
to the total population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted equitably so
that no State shall be apportioned a sum which is less than 1 percent
of the amount available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount: Provided further,
That the Federal share of planning grants shall not exceed 75 percent
of the total costs of such projects and the Federal share of
implementation grants shall not exceed 50 percent of the total costs of
such projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs: Provided
further, That no State, territory, or other jurisdiction shall receive
a grant if its comprehensive wildlife conservation plan is disapproved
and such funds that would have been distributed to such State,
territory, or other jurisdiction shall be distributed equitably to
States, territories, and other jurisdictions with approved plans:
Provided further, That any amount apportioned in 2007 to any State,
territory, or other jurisdiction that remains unobligated as of
September 30, 2008, shall be reapportioned, together with funds
appropriated in 2009, 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.</DELETED>

<DELETED>administrative provisions</DELETED>

<DELETED>    Appropriations and funds available to the United States
Fish and Wildlife Service shall be available for purchase of not to
exceed 54 passenger motor vehicles, of which 54 are for replacement
only (including 15 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 the statement
of the managers accompanying this Act.</DELETED>

<DELETED>National Park Service</DELETED>

<DELETED>operation of the national park system</DELETED>

<DELETED>    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, $1,754,317,000 (increased by $1,000,000),
of which $9,829,000 is for planning and interagency coordination in
support of Everglades restoration and shall remain available until
expended; of which $86,164,000, to remain available until September 30,
2008, 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 $1,909,000 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: Provided further, That funds in this
account may be spent without regard to the ``no net loss'' of law
enforcement personnel policy.</DELETED>

<DELETED>united states park police</DELETED>

<DELETED>    For expenses necessary to carry out the programs of the
United States Park Police, $84,775,000.</DELETED>

<DELETED>national recreation and preservation</DELETED>

<DELETED>    For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $47,161,000:
Provided, That none of the funds in this Act for the Rivers, Trails and
Conservation Assistance program may be used for cash agreements, or for
cooperative agreements that are inconsistent with the program's final
strategic plan.</DELETED>

<DELETED>historic preservation fund</DELETED>

<DELETED>    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),
$58,658,000, to be derived from the Historic Preservation Fund and to
remain available until September 30, 2008, of which $15,000,000 shall
be for Save America's Treasures for preservation of nationally
significant sites, structures, and artifacts and of which $3,000,000
shall be for Preserve America grants to States, Tribes, and local
communities for projects that preserve important historic resources
through the promotion of heritage tourism: Provided further, That any
individual Save America's Treasures or Preserve America grant shall be
matched by non-Federal funds: Provided further, That individual
projects shall only be eligible for one grant: Provided further, That
competitive projects to be funded shall be approved by the Secretary of
the Interior in consultation with the House and Senate Committees on
Appropriations and with the Advisory Council on Historic Preservation
prior to the commitment of Preserve America grant funds.</DELETED>

<DELETED>construction</DELETED>

<DELETED>    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, $229,934,000, 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 approval of the House and
Senate Committees on Appropriations: Provided further, That
notwithstanding any other provision of law, the National Park Service
may not accept donations or services associated with the planning,
design, or construction of such new facilities without advance approval
of the House and Senate Committees on Appropriations: Provided further,
That funds provided under this heading for implementation of modified
water deliveries to Everglades National Park shall be expended
consistent with the requirements of the fifth proviso under this
heading in Public Law 108-108: Provided further, That funds provided
under this heading for implementation of modified water deliveries to
Everglades National Park shall be available for obligation only if
matching funds are appropriated to the Army Corps of Engineers for the
same purpose: Provided further, That none of the funds provided under
this heading for implementation of modified water deliveries to
Everglades National Park shall be available for obligation if any of
the funds appropriated to the Army Corps of Engineers for the purpose
of implementing modified water deliveries, including finalizing
detailed engineering and design documents for a bridge or series of
bridges for the Tamiami Trail component of the project, becomes
unavailable for obligation: Provided further, That none of the funds
provided under this heading for implementation of modified water
deliveries to Everglades National Park shall be available for
obligation if the consent decree in United States v. South Florida
Water Management District is terminated prior to the achievement of the
requirements of the consent decree as set forth in Appendix A and
Appendix B, including achievement of the 10 parts per billion numeric
phosphorus criterion throughout the A.R.M. Loxahatchee National
Wildlife Refuge and Everglades National Park: Provided further, That
hereafter, notwithstanding any other provision of law, procurements for
the National Mall and Memorial Park, Ford's Theatre National Historical
Site accessibility and infrastructure improvements may be issued which
include the full scope of the project: Provided further, That the
solicitation and contract shall contain the clause ``availability of
funds'' found at 48 CFR 52.232.18.</DELETED>

<DELETED>land and water conservation fund</DELETED>

<DELETED>(rescission)</DELETED>

<DELETED>    The contract authority provided for fiscal year 2007 by 16
U.S.C. 460l-10a is rescinded.</DELETED>

<DELETED>land acquisition and state assistance</DELETED>

<DELETED>    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, $29,995,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended, of which $1,625,000 is for the State assistance program
administration: Provided, That none of the funds provided for the State
assistance program may be used to establish a contingency
fund.</DELETED>

<DELETED>administrative provisions</DELETED>

<DELETED>    Appropriations for the National Park Service shall be
available for the purchase of not to exceed 233 passenger motor
vehicles, of which 193 shall be for replacement only, including not to
exceed 190 for police-type use, 11 buses, and 6 ambulances: Provided,
That none of the funds appropriated to the National Park Service may be
used to implement an agreement for the redevelopment of the southern
end of Ellis Island until such agreement has been submitted to the
Congress and shall not be implemented prior to the expiration of 30
calendar days (not including any day in which either House of Congress
is not in session because of adjournment of more than 3 calendar days
to a day certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end of Ellis
Island, including the facts and circumstances relied upon in support of
the proposed project: Provided further, That not to exceed $66,000 of
funds available to the National Park Service in this Act may be used to
provide a grant to the Washington Tennis and Education Foundation for
recreation and education programs to be offered to at-risk school
children in the District of Columbia.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    If the Secretary of the Interior considers that the
decision of any value determination proceeding conducted under a
National Park Service concession contract issued prior to November 13,
1998, misinterprets or misapplies relevant contractual requirements or
their underlying legal authority, then the Secretary may seek, within
180 days of any such decision, the de novo review of the value
determination by the United States Court of Federal Claims. This Court
may make an order affirming, vacating, modifying or correcting the
determination.</DELETED>
<DELETED>    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.</DELETED>

<DELETED>United States Geological Survey</DELETED>

<DELETED>surveys, investigations, and research</DELETED>

<DELETED>    For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research covering
topography, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions affecting
mining and materials processing industries (30 U.S.C. 3, 21a, and 1603;
50 U.S.C. 98g(1)) and related purposes as authorized by law; and to
publish and disseminate data relative to the foregoing activities;
$991,447,000 (reduced by $5,000,000), of which $64,171,000 shall be
available only for cooperation with States or municipalities for water
resources investigations; of which $7,882,000 shall remain available
until expended for satellite operations; of which $21,083,000 shall be
available until September 30, 2008, for the operation and maintenance
of facilities and deferred maintenance; of which $2,000,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost; of which
$175,597,000 shall be available until September 30, 2008, for the
biological research activity and the operation of the Cooperative
Research Units; and of which, $13,000,000 shall be available only for
the Mid-Continent Mapping Center (MCMC) in Rolla, Missouri to continue
functioning as a full service mapping organization: Provided, That none
of the funds made available under this Act may be used to consolidate
the functions, activities, operations, or archives of the Mid-Continent
Mapping Center (MCMC), located in Rolla, Missouri, into the National
Geospatial Technical Operations Center (NGTOC): Provided further, That
none of the funds provided for the biological research activity shall
be used to conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further, That no
part of this appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data collection and
investigations carried on in cooperation with States and
municipalities.</DELETED>

<DELETED>administrative provisions</DELETED>

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

<DELETED>Minerals Management Service</DELETED>

<DELETED>royalty and offshore minerals management</DELETED>

<DELETED>    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, $157,496,000 (increased
by $1,000,000) (reduced by $1,000,000), of which $79,158,000 shall be
available for royalty management activities; and an amount not to
exceed $128,730,000, 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 $128,730,000 in
additions to receipts are not realized from the sources of receipts
stated above, the amount needed to reach $128,730,000 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, 2008: 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 for the costs of administration of the
Coastal Impact Assistance Program authorized by section 31 of the Outer
Continental Shelf Lands Act, as amended (43 U.S.C. 1456a), MMS in
fiscal years 2007 through 2010 may retain three percent of the amounts
which are disbursed under section 31 (b)(1), such retained amounts to
remain available until expended.</DELETED>

<DELETED>oil spill research</DELETED>

<DELETED>    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, $6,903,000, which shall be
derived from the Oil Spill Liability Trust Fund, to remain available
until expended.</DELETED>

<DELETED>Office of Surface Mining Reclamation and Enforcement</DELETED>

<DELETED>regulation and technology</DELETED>

<DELETED>    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; $112,109,000: Provided, That the
Secretary of the Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year 2007 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.</DELETED>

<DELETED>abandoned mine reclamation fund</DELETED>

<DELETED>    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, $185,936,000, 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 2007:
Provided further, That pursuant to Public Law 97-365, the Department of
the Interior is authorized to use up to 20 percent from the recovery of
the delinquent debt owed to the United States Government to pay for
contracts to collect these debts: Provided further, That funds made
available under title IV of Public Law 95-87 may be used for any
required non-Federal share of the cost of projects funded by the
Federal Government for the purpose of environmental restoration related
to treatment or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with the
purposes and priorities of the Surface Mining Control and Reclamation
Act: Provided further, That amounts allocated under section 402(g)(2)
of such Act as of September 30, 2006, but not appropriated as of that
date, are reallocated to the allocation established in section
402(g)(3) of the Act: 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.</DELETED>

<DELETED>administrative provision</DELETED>

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

<DELETED>Bureau of Indian Affairs</DELETED>

<DELETED>operation of indian programs</DELETED>

<DELETED>    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,
$1,973,403,000, to remain available until September 30, 2008 except as
otherwise provided herein, of which not to exceed $74,179,000 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 $151,628,000 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 2007, as authorized by such Act, except
that tribes and tribal organizations may use their tribal priority
allocations for unmet contract support costs of ongoing contracts,
grants, or compacts, or annual funding agreements and for unmet welfare
assistance costs; and of which not to exceed $457,352,000 for school
operations costs of Bureau-funded schools and other education programs
shall become available on July 1, 2007, and shall remain available
until September 30, 2008; and of which not to exceed $66,277,000 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 in cases of designated Federal
disasters, the Secretary may exceed the welfare assistance payments
cap, from the amounts provided herein, to provide for disaster relief
to Indian communities affected by the disaster: Provided further, That
notwithstanding any other provision of law, including but not limited
to the Indian Self-Determination Act of 1975, as amended, and 25 U.S.C.
2008, not to exceed $44,060,000 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 2006
for the operation of Bureau-funded schools, and up to $500,000 within
and only from such amounts made available for school operations shall
be available for the transitional costs of initial administrative cost
grants to tribes and tribal organizations that enter into grants for
the operation on or after July 1, 2006, of Bureau-operated schools:
Provided further, That any forestry funds allocated to a tribe which
remain unobligated as of September 30, 2008, may be transferred during
fiscal year 2009 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, 2009.</DELETED>

<DELETED>construction</DELETED>

<DELETED>    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, $215,799,000, 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 2007, 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 such grantee 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 in order to ensure timely
completion of replacement school construction projects, the Secretary
may assume control of a project and all funds related to the project,
if, within eighteen months of the date of enactment of this Act, any
tribe or tribal organization receiving funds appropriated in this Act
or in any prior Act, has not completed the planning and design phase of
the project and commenced construction of the replacement school:
Provided further, That this Appropriation may be reimbursed from the
Office of the Special Trustee for American Indians Appropriation for
the appropriate share of construction costs for space expansion needed
in agency offices to meet trust reform implementation.</DELETED>

<DELETED>indian land and water claim settlements and miscellaneous
payments to indians</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For miscellaneous payments to Indian tribes and
individuals and for necessary administrative expenses, $39,213,000, to
remain available until expended, for implementation of Indian land and
water claim settlements pursuant to Public Laws 99-264, 100-580, 101-
618, 107-331, and 108-477, and for implementation of other land and
water rights settlements, of which $316,000 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 and
of which $5,067,000 shall be for the Idaho Salmon and Clearwater River
Basins Habitat Account pursuant to the Snake River Water Rights Act of
2004 and of which $200,000 shall be transferred to the ``Bureau of Land
Management, Management of Lands and Resources'' account for mitigation
of land transfers associated with the Snake River Water Rights Act of
2004.</DELETED>

<DELETED>indian guaranteed loan program account</DELETED>

<DELETED>    For the cost of guaranteed and insured loans, $6,262,000,
of which $626,000 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 $87,376,744.</DELETED>

<DELETED>administrative provisions</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office oversight
and executive direction and administrative services (except executive
direction and administrative services funding for Tribal Priority
Allocations and regional offices) 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).</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Notwithstanding 25 U.S.C. 2007(d), and implementing
regulations, the funds reserved from the Indian Student Equalization
Program to meet emergencies and unforeseen contingencies affecting
education programs appropriated herein and in Public Law 109-54 may be
used for costs associated with significant student enrollment increases
at Bureau-funded schools during the relevant school year.</DELETED>
<DELETED>    Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113, if a tribe
or tribal organization in fiscal year 2003 or 2004 received indirect
and administrative costs pursuant to a distribution formula based on
section 5(f) of Public Law 101-301, the Secretary shall continue to
distribute indirect and administrative cost funds to such tribe or
tribal organization using the section 5(f) distribution
formula.</DELETED>

<DELETED>Departmental Offices</DELETED>

<DELETED>Insular Affairs</DELETED>

<DELETED>assistance to territories</DELETED>

<DELETED>    For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior, $77,561,000, of
which: (1) $69,537,000 shall remain 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) $8,024,000 shall remain available until September 30, 2008, for
salaries and expenses of the Office of Insular Affairs: Provided, That
all financial transactions of the territorial and local governments
herein provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That of the amounts provided for technical assistance,
sufficient funds shall be made available for a grant to the Pacific
Basin Development Council: Provided further, That of the amounts
provided for technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based
on the grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).</DELETED>

<DELETED>compact of free association</DELETED>

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

<DELETED>Departmental Management</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses for management of the Department of
the Interior, $118,303,000 (reduced by $3,000,000) (reduced by
$1,000,000) (reduced by $18,000,000) (reduced by $1,800,000); of which
$7,915,000 for appraisal services and Take Pride in America activities
is to be derived from the Land and Water Conservation Fund and shall
remain available until expended; of which not to exceed $8,500 may be
for official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines: Provided, That none of the funds
in this Act or previous appropriations Acts may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of
the House and Senate Committees on Appropriations.</DELETED>

<DELETED>payments in lieu of taxes</DELETED>

<DELETED>    For expenses necessary to implement the Act of October 20,
1976, as amended (31 U.S.C. 6901-6907), $228,000,000 (increased by
$16,000,000), 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.</DELETED>

<DELETED>central hazardous materials fund</DELETED>

<DELETED>    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.), $9,923,000, to remain available until expended.</DELETED>

<DELETED>Office of the Solicitor</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses of the Office of the Solicitor,
$56,755,000.</DELETED>

<DELETED>Office of Inspector General</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses of the Office of Inspector General,
$39,688,000.</DELETED>

<DELETED>Office of Special Trustee for American Indians</DELETED>

<DELETED>federal trust programs</DELETED>

<DELETED>    For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$150,036,000, to remain available until expended, of which not to
exceed $45,000,000 from this or any other Act, shall be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Departmental Management, ``Salaries and
Expenses'' account: Provided further, That funds made available to
Tribes and Tribal organizations through contracts or grants obligated
during fiscal year 2007, 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 $15.00 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.</DELETED>

<DELETED>indian land consolidation</DELETED>

<DELETED>    For consolidation of fractional interests in Indian lands
and expenses associated with redetermining and redistributing escheated
interests in allotted lands, and for necessary expenses to carry out
the Indian Land Consolidation Act of 1983, as amended, by direct
expenditure or cooperative agreement, $34,006,000, to remain available
until expended, and which may be transferred to the Bureau of Indian
Affairs and Departmental Management accounts: Provided, That funds
provided under this heading may be expended pursuant to the authorities
contained in the provisos under the heading, ``Office of Special
Trustee for American Indians, Indian Land Consolidation'' of the
Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-
291).</DELETED>

<DELETED>Natural Resource Damage Assessment and Restoration</DELETED>

<DELETED>natural resource damage assessment fund</DELETED>

<DELETED>    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.),
the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (Public Law 101-380) (33 U.S.C.
2701 et seq.), and Public Law 101-337, as amended (16 U.S.C. 19jj et
seq.), $6,109,000, to remain available until expended.</DELETED>

<DELETED>Administrative Provisions</DELETED>

<DELETED>    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.</DELETED>

<DELETED>General Provisions, Department of the Interior</DELETED>

<DELETED>    Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or office),
with the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation which must
be requested as promptly as possible.</DELETED>
<DELETED>    Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition to the
amounts included in the budget programs of the several agencies, for
the suppression or emergency prevention of wildland fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes;
for contingency planning subsequent to actual oil spills; for response
and natural resource damage assessment activities related to actual oil
spills; for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this authority
until the Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.</DELETED>
<DELETED>    Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized by
5 U.S.C. 3109, when authorized by the Secretary, in total amount not to
exceed $500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.</DELETED>
<DELETED>    Sec. 104. No funds provided in this title may be expended
by the Department of the Interior for the conduct of offshore oil
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.</DELETED>
<DELETED>    Sec. 105. No funds provided in this title may be expended
by the Department of the Interior to conduct offshore oil 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.</DELETED>
<DELETED>    Sec. 106. No funds provided in this title may be expended
by the Department of the Interior to conduct oil preleasing, leasing
and related activities in the Mid-Atlantic and South Atlantic planning
areas.</DELETED>
<DELETED>    Sec. 107. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Office of Special Trustee for
American Indians and any unobligated balances from prior appropriations
Acts made under the same headings shall be available for expenditure or
transfer for Indian trust management and reform activities, except that
total funding for historical accounting activities shall not exceed
amounts specifically designated in this Act for such purpose.</DELETED>
<DELETED>    Sec. 108. 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
2007. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.</DELETED>
<DELETED>    Sec. 109. 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.</DELETED>
<DELETED>    Sec. 110. 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.</DELETED>
<DELETED>     Sec. 111. Funds provided in this Act for Federal land
acquisition by the National Park Service for Shenandoah Valley
Battlefields National Historic District and Ice Age National Scenic
Trail, and funds provided in division E of Public Law 108-447 (118
Stat. 3050) for land acquisition at the Niobrara National Scenic River,
may be used for a grant to a State, a local government, or any other
land management entity for the acquisition of lands without regard to
any restriction on the use of Federal land acquisition funds provided
through the Land and Water Conservation Fund Act of 1965 as
amended.</DELETED>
<DELETED>     Sec. 112. 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.</DELETED>
<DELETED>     Sec. 113. 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.</DELETED>
<DELETED>     Sec. 114. 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.</DELETED>
<DELETED>    Sec. 115. The Secretary of the Interior may use
discretionary funds to pay private attorney fees and costs for
employees and former employees of the Department of the Interior
reasonably incurred in connection with Cobell v. Norton to the extent
that such fees and costs are not paid by the Department of Justice or
by private insurance. In no case shall the Secretary make payments
under this section that would result in payment of hourly fees in
excess of the highest hourly rate approved by the District Court for
the District of Columbia for counsel in Cobell v. Norton.</DELETED>
<DELETED>     Sec. 116. 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.</DELETED>
<DELETED>    Sec. 117. (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>     Sec. 118. 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.</DELETED>
<DELETED>    Sec. 119. Notwithstanding the limitation in subparagraph
(2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C.
2717(a)), in fiscal year 2008, the total amount of all fees imposed by
the National Indian Gaming Commission shall not exceed
$13,000,000.</DELETED>
<DELETED>    Sec. 120. Notwithstanding any implementation of the
Department of the Interior's trust reorganization or reengineering
plans, or the implementation of the ``To Be'' Model, funds appropriated
for fiscal year 2007 shall be available to the tribes within the
California Tribal Trust Reform Consortium and to the Salt River Pima-
Maricopa Indian Community, the Confederated Salish and Kootenai Tribes
of the Flathead Reservation and the Chippewa Cree Tribe of the Rocky
Boys Reservation through the same methodology as funds were distributed
in fiscal year 2003. This Demonstration Project shall continue to
operate separate and apart from the Department of the Interior's trust
reform and reorganization and the Department shall not impose its trust
management infrastructure upon or alter the existing trust resource
management systems of the above referenced tribes having a self-
governance compact and operating in accordance with the Tribal Self-
Governance Program set forth in 25 U.S.C. 458aa-458hh. The California
Trust Reform Consortium and any other participating tribe agree to
carry out their responsibilities under the same written and implemented
fiduciary standards as those being carried by the Secretary of the
Interior. The Consortium shall demonstrate to the satisfaction of the
Secretary that they have the capability to do so. The Department shall
provide funds to the tribes in an amount equal to that required by 25
U.S.C. 458cc(g)(3), including funds specifically or functionally
related to the provision of trust services to the tribes or their
members.</DELETED>
<DELETED>    Sec. 121. Notwithstanding any provision of law, including
42 U.S.C. 4321 et seq., nonrenewable grazing permits authorized in the
Jarbidge Field Office, Bureau of Land Management within the past 9
years, shall be renewed. The Animal Unit Months authorized in any
nonrenewable grazing permit between March 1, 1997, and February 28,
2005, shall continue in effect under the renewed permit. Nothing in
this section shall be deemed to extend the renewed permit beyond the
standard 1-year term.</DELETED>
<DELETED>    Sec. 122. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine
reasonable.</DELETED>
<DELETED>     Sec. 123. Upon the request of the permittee for the Clark
Mountain Allotment lands adjacent to the Mojave National Preserve, the
Secretary shall also issue a special use permit for that portion of the
grazing allotment located within the Preserve. The special use permit
shall be issued with the same terms and conditions as the most
recently-issued permit for that allotment and the Secretary shall
consider the permit to be one transferred in accordance with section
325 of Public Law 108-108.</DELETED>
<DELETED>    Sec. 124. Notwithstanding any other provision of law, the
National Park Service final winter use rules published in Part VII of
the Federal Register for November 10, 2004, 69 Fed. Reg. 65348 et seq.,
shall be in force and effect for the winter use season of 2006-2007
that commences on or about December 15, 2006.</DELETED>
<DELETED>    Sec. 125. None of the funds in this or any other Act may
be used to set up Centers of Excellence and Partnership Skills Bank
training without prior approval of the House and Senate Committees on
Appropriations.</DELETED>

<DELETED>TITLE II--ENVIRONMENTAL PROTECTION AGENCY</DELETED>

<DELETED>Science and Technology</DELETED>

<DELETED>    For science and technology, including research and
development activities, which shall include research and development
activities under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended; necessary expenses
for personnel and related costs and travel expenses, including
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the maximum rate payable
for senior level positions under 5 U.S.C. 5376; procurement of
laboratory equipment and supplies; other operating expenses in support
of research and development; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $85,000 per
project, $808,044,000, to remain available until September 30,
2008.</DELETED>

<DELETED>Environmental Programs and Management</DELETED>

<DELETED>    For environmental programs and management, including
necessary expenses not otherwise provided for, for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project; and not to
exceed $9,000 for official reception and representation expenses,
$2,336,442,000 (increased by $1,800,000), to remain available until
September 30, 2008, including administrative costs of the brownfields
program under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002.</DELETED>

<DELETED>Office of Inspector General</DELETED>

<DELETED>    For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$35,100,000, to remain available until September 30, 2008: Provided,
That in fiscal year 2007 and thereafter, notwithstanding any other
provision of law, the Inspector General shall not serve as the
Inspector General for the Chemical Safety and Hazard Investigation
Board.</DELETED>

<DELETED>Buildings and Facilities</DELETED>

<DELETED>    For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of, or for
use by, the Environmental Protection Agency, $39,816,000, to remain
available until expended.</DELETED>

<DELETED>Hazardous Substance Superfund</DELETED>

<DELETED>(including transfers of funds)</DELETED>

<DELETED>    For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), and
(e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed $85,000 per
project; $1,256,855,000, to remain available until expended, consisting
of such sums as are available in the Trust Fund on September 30, 2006,
as authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,256,855,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA, as amended: Provided,
That funds appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $13,316,000
shall be transferred to the ``Office of Inspector General''
appropriation to remain available until September 30, 2008, and
$30,011,000 shall be transferred to the ``Science and Technology''
appropriation to remain available until September 30, 2008.</DELETED>

<DELETED>Leaking Underground Storage Tank Program</DELETED>

<DELETED>    For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by section 205 of the
Superfund Amendments and Reauthorization Act of 1986, and for
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project, $72,759,000, to remain
available until expended.</DELETED>

<DELETED>Oil Spill Response</DELETED>

<DELETED>    For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution Act of
1990, $16,506,000, to be derived from the Oil Spill Liability trust
fund, to remain available until expended.</DELETED>

<DELETED>State and Tribal Assistance Grants</DELETED>

<DELETED>(including rescission of funds)</DELETED>

<DELETED>    For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,009,348,000 to remain available
until expended, of which $687,555,000 shall be for making
capitalization grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act, as amended (the
``Act''); of which up to $50,000,000 shall be available for loans,
including interest free loans as authorized by 33 U.S.C. 1383(d)(1)(A),
to municipal, inter-municipal, interstate, or State agencies or
nonprofit entities for projects that provide treatment for or that
minimize sewage or stormwater discharges using one or more approaches
which include, but are not limited to, decentralized or distributed
stormwater controls, decentralized wastewater treatment, low-impact
development practices, conservation easements, stream buffers, or
wetlands restoration; $841,500,000 shall be for capitalization grants
for the Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act, as amended; $24,750,000 shall be for
architectural, engineering, planning, design, construction and related
activities in connection with the construction of high priority water
and wastewater facilities in the area of the United States-Mexico
border, after consultation with the appropriate border commission;
$14,850,000 shall be for grants to the State of Alaska to address
drinking water and waste infrastructure needs of rural and Alaska
Native Villages: Provided, That, of these funds: (1) the State of
Alaska shall provide a match of 25 percent; (2) no more than 5 percent
of the funds may be used for administrative and overhead expenses; and
(3) the State of Alaska shall make awards consistent with the State-
wide priority list established in 2004 for all water, sewer, waste
disposal, and similar projects carried out by the State of Alaska that
are funded under section 221 of the Federal Water Pollution Control Act
(33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7
U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of
the funds provided for projects in regional hub communities;
$200,000,000 shall be for making special project grants for the
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with the
terms and conditions specified for such grants in the joint explanatory
statement of the managers accompanying this Act, and, for purposes of
these grants, each grantee shall contribute not less than 45 percent of
the cost of the project unless the grantee is approved for a waiver by
the Agency; $89,119,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA), as amended, including grants, interagency agreements,
and associated program support costs; $28,000,000 shall be for the
national grant and loan program authorized by section 792 of the Energy
Policy Act of 2005 for the National Clean Diesel Initiative; and
$1,122,584,000 shall be for grants, including associated program
support costs, to States, federally-recognized tribes, interstate
agencies, tribal consortia, and air pollution control agencies for
multi-media or single media pollution prevention, control and abatement
and related activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities subject to terms and
conditions specified by the Administrator, of which $49,495,000 shall
be for carrying out section 128 of CERCLA, as amended, $14,850,000
shall be for Environmental Information Exchange Network grants,
including associated program support costs, not less than $18,500,000
of the funds available for grants under section 106 of the Act shall be
for the water quality monitoring initiative that meet EPA standards for
statistically representative monitoring programs, $17,567,000 to make
grants to States under section 2007(f)(2) of the Solid Waste Disposal
Act, as amended, and to federally-recognized tribes under Public Law
105-276, and to provide financial assistance to States and federally-
recognized tribes for the purposes authorized by Title XV, Subtitle B
of the Energy Policy Act of 2005, with the exception of leaking
underground storage tank cleanup activities that are authorized by
section 205 of Superfund Amendments and Reauthorization Act of 1986,
and $15,930,000 shall be for making competitive targeted watershed
grants: Provided further, That notwithstanding section 603(d)(7) of the
Federal Water Pollution Control Act, the limitation on the amounts in a
State water pollution control revolving fund that may be used by a
State to administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2007 and prior
years where such amounts represent costs of administering the fund to
the extent that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the fund,
and used for eligible purposes of the fund, including administration:
Provided further, That for fiscal year 2007, and notwithstanding
section 518(f) of the Act, the Administrator is authorized to use the
amounts appropriated for any fiscal year under section 319 of that Act
to make grants to federally-recognized Indian tribes pursuant to
sections 319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2007, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 1</DELETED>\<DELETED>1/2</DELETED>\
<DELETED>percent of the funds appropriated for State Revolving Funds
under title VI of that Act may be reserved by the Administrator for
grants under section 518(c) of that Act: Provided further, That no
funds provided by this Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United States
along the United States-Mexico border shall be made available to a
county or municipal government unless that government has established
an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which lacks
water, wastewater, or other necessary infrastructure: Provided further,
That of the funds made available under this heading in Division I of
Public Law 108-447, $500,000 is for Monticello, AR water and wastewater
infrastructure improvements and $500,000 is for Pine Bluff, AR water
and wastewater infrastructure improvements: Provided further, That
funds that were appropriated under this heading for special project
grants in fiscal year 2001 or earlier that have not been obligated on
an approved grant by September 1, 2007, are rescinded.</DELETED>

<DELETED>Administrative Provisions</DELETED>

<DELETED>    For fiscal year 2007, notwithstanding 31 U.S.C. 6303(1)
and 6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally-recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in
implementing Federal environmental programs for Indian Tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.</DELETED>
<DELETED>    The Administrator of the Environmental Protection Agency
is authorized to collect and obligate pesticide registration service
fees in accordance with section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act (as added by subsection (f)(2) of the
Pesticide Registration Improvement Act of 2003), as amended.</DELETED>
<DELETED>    None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of the rate
paid for level IV of the Executive Schedule, unless specifically
authorized by law.</DELETED>
<DELETED>    None of the funds made available in this Act may be used
to promulgate in final form, issue, implement, or enforce the
Environmental Protection Agency's Toxics Release Inventory Burden
Reduction Proposed Rule published in the Federal Register on October 4,
2005 (Volume 70, Number 191) at pages 57822 and following or the Toxics
Release Inventory 2006 Burden Reduction Proposed Rule published in the
Federal Register on October 4, 2005 (Volume 70, Number 191) at pages
57871 through 57872.</DELETED>

<DELETED>General Provisions, Environmental Protection Agency</DELETED>

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

<DELETED>TITLE III--RELATED AGENCIES</DELETED>

<DELETED>DEPARTMENT OF AGRICULTURE</DELETED>

<DELETED>Forest Service</DELETED>

<DELETED>forest and rangeland research</DELETED>

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

<DELETED>state and private forestry</DELETED>

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

<DELETED>national forest system</DELETED>

<DELETED>    For necessary expenses of the Forest Service, not
otherwise provided for, for management, protection, improvement, and
utilization of the National Forest System, $1,445,659,000 (reduced by
$2,000,000), to remain available until expended, which shall include 50
percent of all moneys received during prior fiscal years as fees
collected under the Land and Water Conservation Fund Act of 1965, as
amended, in accordance with section 4 of the Act (16 U.S.C. 460l-
6a(i)): Provided, That unobligated balances under this heading
available at the start of fiscal year 2007 shall be displayed by budget
line item in the fiscal year 2008 budget justification.</DELETED>

<DELETED>wildland fire management</DELETED>

<DELETED>(including transfer of funds)</DELETED>

<DELETED>    For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency fire
suppression on or adjacent to such lands or other lands under fire
protection agreement, hazardous fuels reduction on or adjacent to such
lands, and for emergency rehabilitation of burned-over National Forest
System lands and water, $1,810,566,000, to remain available until
expended: Provided, That such funds including unobligated balances
under this heading, are available for repayment of advances from other
appropriations accounts previously transferred for such purposes:
Provided further, That such funds shall be available to reimburse State
and other cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That not less than 50 percent of any unobligated balances
remaining (exclusive of amounts for hazardous fuels reduction) at the
end of fiscal years 2006 and 2007 shall be transferred to the fund
established pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576
et seq.) if necessary to reimburse the fund for unpaid past advances:
Provided further, That, notwithstanding any other provision of law,
$8,000,000 of funds appropriated under this appropriation shall be used
for Fire Science Research in support of the Joint Fire Science Program:
Provided further, That all authorities for the use of funds, including
the use of contracts, grants, and cooperative agreements, available to
execute the Forest and Rangeland Research appropriation, are also
available in the utilization of these funds for Fire Science Research:
Provided further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities in
the urban-wildland interface, support to Federal emergency response,
and wildfire suppression activities of the Forest Service: Provided
further, That of the funds provided, $296,792,000 is for hazardous
fuels reduction activities, $5,000,000 is for rehabilitation and
restoration, $22,800,000 is for research activities and to make
competitive research grants pursuant to the Forest and Rangeland
Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.),
$43,000,000 is for State fire assistance, $12,810,000 is for volunteer
fire assistance, $14,800,000 is for forest health activities on Federal
lands and $10,000,000 is for forest health activities on State and
private lands: Provided further, That amounts in this paragraph may be
transferred to the ``State and Private Forestry'', ``National Forest
System'', and ``Forest and Rangeland Research'' accounts to fund State
fire assistance, volunteer fire assistance, forest health management,
forest and rangeland research, vegetation and watershed management,
heritage site rehabilitation, and wildlife and fish habitat management
and restoration: Provided further, That transfers of any amounts in
excess of those authorized in this paragraph, shall require approval of
the House and Senate Committees on Appropriations in compliance with
reprogramming procedures contained in the report accompanying this Act:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the Forest
Service under the State and Private Forestry Appropriation, up to
$15,000,000 may be used on adjacent non-Federal lands for the purpose
of protecting communities when hazard reduction activities are planned
on national forest lands that have the potential to place such
communities at risk: Provided further, That included in funding for
hazardous fuel reduction is $5,000,000 for implementing the Community
Forest Restoration Act, Public Law 106-393, title VI, and any portion
of such funds shall be available for use on non-Federal lands in
accordance with authorities available to the Forest Service under the
State and Private Forestry appropriation: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $9,000,000, between
the Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and projects: Provided
further, That of the funds provided for hazardous fuels reduction, not
to exceed $5,000,000, may be used to make grants, using any authorities
available to the Forest Service under the State and Private Forestry
appropriation, for the purpose of creating incentives for increased use
of biomass from national forest lands: Provided further, That funds
designated for wildfire suppression shall be assessed for indirect
costs on the same basis as such assessments are calculated against
other agency programs.</DELETED>

<DELETED>capital improvement and maintenance</DELETED>

<DELETED>(including transfer of funds)</DELETED>

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

<DELETED>land acquisition</DELETED>

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

<DELETED>acquisition of lands for national forests</DELETED>

<DELETED>special acts</DELETED>

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

<DELETED>acquisition of lands to complete land exchanges</DELETED>

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

<DELETED>range betterment fund</DELETED>

<DELETED>    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.</DELETED>

<DELETED>gifts, donations and bequests for forest and rangeland
research</DELETED>

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

<DELETED>management of national forest lands for subsistence
uses</DELETED>

<DELETED>    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),
$5,311,000, to remain available until expended.</DELETED>

<DELETED>administrative provisions, forest service</DELETED>

<DELETED>    Appropriations to the Forest Service for the current
fiscal year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess sources,
and hire of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet for use in Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement aircraft;
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Funds appropriated to the Forest Service shall be
available for assistance to or through the Agency for International
Development in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall be
available to support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and cooperation
with United States and international organizations.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the report accompanying this Act.</DELETED>
<DELETED>    Not more than $73,052,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture. Nothing in this paragraph shall prohibit or
limit the use of reimbursable agreements requested by the Forest
Service in order to obtain services from the Department of
Agriculture's National Information Technology Center.</DELETED>
<DELETED>    Funds available to the Forest Service shall be available
to conduct a program of not less than $2,500,000 for high priority
projects within the scope of the approved budget which shall be carried
out by the Youth Conservation Corps.</DELETED>
<DELETED>    Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official reception and
representation expenses.</DELETED>
<DELETED>    Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, $2,500,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$100,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest Service:
Provided further, That the Foundation may transfer Federal funds to a
non-Federal recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds: Provided further, That
authorized investments of Federal funds held by the Foundation may be
made only in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the United
States.</DELETED>
<DELETED>    Pursuant to section 2(b)(2) of Public Law 98-244,
$2,250,000 of the funds available to the Forest Service shall be
advanced to the National Fish and Wildlife Foundation in a lump sum to
aid cost-share conservation projects, without regard to when expenses
are incurred, on or benefitting National Forest System lands or related
to Forest Service programs. Such funds shall be matched on at least a
one-for-one basis by the Foundation or its subrecipients.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Any appropriations or funds available to the Forest
Service may be used for necessary expenses in the event of law
enforcement emergencies as necessary to protect natural resources and
public or employee safety: Provided, That such amounts shall not exceed
$500,000.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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)).</DELETED>
<DELETED>    Funds available to the Forest Service, not to exceed
$45,000,000, shall be assessed for the purpose of performing facilities
maintenance. Such assessments shall occur using a square foot rate
charged on the same basis the agency uses to assess programs for
payment of rent, utilities, and other support services.</DELETED>

<DELETED>DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>

<DELETED>Indian Health Service</DELETED>

<DELETED>indian health services</DELETED>

<DELETED>    For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination Act, the Indian
Health Care Improvement Act, and titles II and III of the Public Health
Service Act with respect to the Indian Health Service, $2,830,136,000,
together with payments received during the fiscal year pursuant to 42
U.S.C. 238(b) for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated
at the time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That up to $18,000,000 shall remain
available until expended, for the Indian Catastrophic Health Emergency
Fund: Provided further, That $536,259,000 for contract medical care
shall remain available until September 30, 2008: Provided further, That
of the funds provided, up to $27,000,000, to remain available until
expended, shall be used to carry out the loan repayment program under
section 108 of the Indian Health Care Improvement Act: Provided
further, That funds provided in this Act may be used for one-year
contracts and grants which are to be performed in two fiscal years, so
long as the total obligation is recorded in the year for which the
funds are appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the authority of title
IV of the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and XIX of the
Social Security Act (exclusive of planning, design, or construction of
new facilities): Provided further, That funding contained herein, and
in any earlier appropriations Acts for scholarship programs under the
Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
available until expended: Provided further, That amounts received by
tribes and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and available
to the receiving tribes and tribal organizations until expended:
Provided further, That, notwithstanding any other provision of law, of
the amounts provided herein, not to exceed $270,316,000 shall be for
payments to tribes and tribal organizations for contract or grant
support costs associated with contracts, grants, self-governance
compacts or annual funding agreements between the Indian Health Service
and a tribe or tribal organization pursuant to the Indian Self-
Determination Act of 1975, as amended, prior to or during fiscal year
2007, of which not to exceed $5,000,000 may be used for contract
support costs associated with new or expanded self-determination
contracts, grants, self-governance compacts or annual funding
agreements: Provided further, That the Bureau of Indian Affairs may
collect from the Indian Health Service and tribes and tribal
organizations operating health facilities pursuant to Public Law 93-638
such individually identifiable health information relating to disabled
children as may be necessary for the purpose of carrying out its
functions under the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).</DELETED>

<DELETED>indian health facilities</DELETED>

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

<DELETED>administrative provisions, indian health service</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    Notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by title I or title
V of the Indian Self-Determination and Education Assistance Act of 1975
(25 U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance agreement
under title V of such Act and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    The appropriation structure for the Indian Health Service
may not be altered without advance notification to the House and Senate
Committees on Appropriations.</DELETED>

<DELETED>National Institutes of Health</DELETED>

<DELETED>national institute of environmental health sciences</DELETED>

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

<DELETED>Agency for Toxic Substances and Disease Registry</DELETED>

<DELETED>toxic substances and environmental public health</DELETED>

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

<DELETED>OTHER RELATED AGENCIES</DELETED>

<DELETED>Executive Office of the President</DELETED>

<DELETED>council on environmental quality and office of environmental
quality</DELETED>

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

<DELETED>Chemical Safety and Hazard Investigation Board</DELETED>

<DELETED>salaries and expenses</DELETED>

<DELETED>    For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended, including hire
of passenger vehicles, uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but
at rates for individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376,
$9,208,000: Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior Executive
Service positions: Provided further, That in fiscal year 2007 and
thereafter, notwithstanding any other provision of law, the
Environmental Protection Agency Inspector General shall not serve as
the Inspector General for the Board: Provided further, That up to
$600,000 of the funds provided herein may be used for personnel
compensation and benefits for the Members of the Board.</DELETED>

<DELETED>Office of Navajo and Hopi Indian Relocation</DELETED>

<DELETED>salaries and expenses</DELETED>

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

<DELETED>Institute of American Indian and Alaska Native Culture and
Arts Development</DELETED>

<DELETED>payment to the institute</DELETED>

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

<DELETED>Smithsonian Institution</DELETED>

<DELETED>salaries and expenses</DELETED>

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

<DELETED>facilities capital</DELETED>

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

<DELETED>administrative provisions, smithsonian institution</DELETED>

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

<DELETED>National Gallery of Art</DELETED>

<DELETED>salaries and expenses</DELETED>

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

<DELETED>repair, restoration and renovation of buildings</DELETED>

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

<DELETED>John F. Kennedy Center for the Performing Arts</DELETED>

<DELETED>operations and maintenance</DELETED>

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

<DELETED>construction</DELETED>

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

<DELETED>Woodrow Wilson International Center for Scholars</DELETED>

<DELETED>salaries and expenses</DELETED>

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

<DELETED>National Foundation on the Arts and the Humanities</DELETED>

<DELETED>National Endowment for the Arts</DELETED>

<DELETED>grants and administration</DELETED>

<DELETED>    For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$124,412,000 (increased by $5,000,000) shall be available to the
National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, including $14,097,000 for support of
arts education and public outreach activities through the Challenge
America program, for program support, and for administering the
functions of the Act, to remain available until expended: Provided,
That funds previously appropriated to the National Endowment for the
Arts ``Matching Grants'' account and ``Challenge America'' account may
be transferred to and merged with this account: Provided further, That
funds appropriated herein shall be expended in accordance with sections
309 and 311 of Public Law 108-108.</DELETED>

<DELETED>National Endowment for the Humanities</DELETED>

<DELETED>grants and administration</DELETED>

<DELETED>    For necessary expenses to carry out the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$126,049,000 (increased by $5,000,000), 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.</DELETED>

<DELETED>matching grants</DELETED>

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

<DELETED>Administrative Provisions</DELETED>

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

<DELETED>Commission of Fine Arts</DELETED>

<DELETED>salaries and expenses</DELETED>

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

<DELETED>national capital arts and cultural affairs</DELETED>

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

<DELETED>Advisory Council on Historic Preservation</DELETED>

<DELETED>salaries and expenses</DELETED>

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

<DELETED>National Capital Planning Commission</DELETED>

<DELETED>salaries and expenses</DELETED>

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

<DELETED>United States Holocaust Memorial Museum</DELETED>

<DELETED>holocaust memorial museum</DELETED>

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

<DELETED>Presidio Trust</DELETED>

<DELETED>presidio trust fund</DELETED>

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

<DELETED>White House Commission on the National Moment of
Remembrance</DELETED>

<DELETED>salaries and expenses</DELETED>

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

<DELETED>TITLE IV--GENERAL PROVISIONS</DELETED>

<DELETED>    Sec. 401. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant
to 5 U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing
law.</DELETED>
<DELETED>    Sec. 402. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote public
support or opposition to any legislative proposal on which
Congressional action is not complete other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.</DELETED>
<DELETED>    Sec. 403. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.</DELETED>
<DELETED>    Sec. 404. None of the funds provided in this Act to any
department or agency shall be obligated or expended to provide a
personal cook, chauffeur, or other personal servants to any officer or
employee of such department or agency except as otherwise provided by
law.</DELETED>
<DELETED>    Sec. 405. Estimated overhead charges, deductions, reserves
or holdbacks from programs, projects, activities and subactivities to
support government-wide, departmental, agency or bureau administrative
functions or headquarters, regional or central operations shall be
presented in annual budget justifications and subject to approval by
the Committees on Appropriations. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.</DELETED>
<DELETED>    Sec. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of the
United States Government except pursuant to a transfer made by, or
transfer provided in, this Act or any other Act.</DELETED>
<DELETED>    Sec. 407. None of the funds available to the Forest
Service or the Bureau of Land Management may be used in fiscal year
2007 or fiscal year 2008 to plan, prepare, or offer for sale timber
from trees classified as giant sequoia (Sequoiadendron giganteum) which
are located on National Forest System or Bureau of Land Management
lands in a manner different than such sales were conducted in fiscal
year 2005.</DELETED>
<DELETED>    Sec. 408. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act shall be
obligated or expended to accept or process applications for a patent
for any mining or mill site claim located under the general mining
laws.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Report.--On September 30, 2007, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under the plan
submitted pursuant to section 314(c) of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public Law 104-
208).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    Sec. 409. Notwithstanding any other provision of law,
amounts appropriated to or earmarked in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
107-63, 108-7, 108-108, 108-447, and 109-54 for payments to tribes and
tribal organizations for contract support costs associated with self-
determination or self-governance contracts, grants, compacts, or annual
funding agreements with the Bureau of Indian Affairs or the Indian
Health Service as funded by such Acts, are the total amounts available
for fiscal years 1994 through 2006 for such purposes, except that, for
the Bureau of Indian Affairs, tribes and tribal organizations may use
their tribal priority allocations for unmet contract support costs of
ongoing contracts, grants, self-governance compacts or annual funding
agreements.</DELETED>
<DELETED>    Sec. 410. No part of any appropriation contained in this
Act shall be expended or obligated to complete and issue the 5-year
program under the Forest and Rangeland Renewable Resources Planning
Act.</DELETED>
<DELETED>    Sec. 411. Amounts deposited during fiscal year 2006 in the
roads and trails fund provided for in the 14th paragraph under the
heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843;
16 U.S.C. 501), shall be used by the Secretary of Agriculture, without
regard to the State in which the amounts were derived, to repair or
reconstruct roads, bridges, and trails on National Forest System lands
or to carry out and administer projects to improve forest health
conditions, which may include the repair or reconstruction of roads,
bridges, and trails on National Forest System lands in the wildland-
community interface where there is an abnormally high risk of fire. The
projects shall emphasize reducing risks to human safety and public
health and property and enhancing ecological functions, long-term
forest productivity, and biological integrity. The projects may be
completed in a subsequent fiscal year. Funds shall not be expended
under this section to replace funds which would otherwise appropriately
be expended from the timber salvage sale fund. Nothing in this section
shall be construed to exempt any project from any environmental
law.</DELETED>
<DELETED>    Sec. 412. Other than in emergency situations, none of the
funds in this Act may be used to operate telephone answering machines
during core business hours unless such answering machines include an
option that enables callers to reach promptly an individual on-duty
with the agency being contacted.</DELETED>
<DELETED>    Sec. 413. Prior to October 1, 2008, the Secretary of
Agriculture shall not be considered to be in violation of subparagraph
6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the National
Forest System. Nothing in this section exempts the Secretary from any
other requirement of the Forest and Rangeland Renewable Resources
Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That
if the Secretary is not acting expeditiously and in good faith, within
the funding available, to revise a plan for a unit of the National
Forest System, this section shall be void with respect to such plan and
a court of proper jurisdiction may order completion of the plan on an
accelerated basis.</DELETED>
<DELETED>    Sec. 414. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either the
Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a
National Monument established pursuant to the Act of June 8, 1906 (16
U.S.C. 431 et seq.) as such boundary existed on January 20, 2001,
except where such activities are allowed under the Presidential
proclamation establishing such monument.</DELETED>
<DELETED>    Sec. 415. In entering into agreements with foreign
countries pursuant to the Wildfire Suppression Assistance Act (42
U.S.C. 1856m) the Secretary of Agriculture and the Secretary of the
Interior are authorized through the end of fiscal year 2010 to enter
into reciprocal agreements in which the individuals furnished under
said agreements to provide wildfire services are considered, for
purposes of tort liability, employees of the country receiving said
services when the individuals are engaged in fire suppression. The
Secretary of Agriculture or the Secretary of the Interior shall not
enter into any agreement under this provision unless the foreign
country (either directly or through its fire organization) agrees to
assume any and all liability for the acts or omissions of American
firefighters engaged in firefighting in a foreign country. When an
agreement is reached for furnishing fire fighting services, the only
remedies for acts or omissions committed while fighting fires shall be
those provided under the laws of the host country, and those remedies
shall be the exclusive remedies for any claim arising out of fighting
fires in a foreign country. Neither the sending country nor any legal
organization associated with the firefighter shall be subject to any
legal action whatsoever pertaining to or arising out of the
firefighter's role in fire suppression.</DELETED>
<DELETED>    Sec. 416. In awarding a Federal contract with funds made
available by this Act, notwithstanding Federal Government procurement
and contracting laws, the Secretary of Agriculture and the Secretary of
the Interior (the ``Secretaries'') may, in evaluating bids and
proposals, give consideration to local contractors who are from, and
who provide employment and training for, dislocated and displaced
workers in an economically disadvantaged rural community, including
those historically timber-dependent areas that have been affected by
reduced timber harvesting on Federal lands and other forest-dependent
rural communities isolated from significant alternative employment
opportunities. Notwithstanding Federal Government procurement and
contracting laws the Secretaries may award contracts, grants or
cooperative agreements to local non-profit entities, Youth Conservation
Corps or related partnerships with State, local or non-profit youth
groups, or small or micro-business or disadvantaged business. The
contract, grant, or cooperative agreement is for forest hazardous fuels
reduction, watershed or water quality monitoring or restoration,
wildlife or fish population monitoring, or habitat restoration or
management. The terms ``rural community'' and ``economically
disadvantaged'' shall have the same meanings as in section 2374 of
Public Law 101-624. The Secretaries shall develop guidance to implement
this section. Nothing in this section shall be construed as relieving
the Secretaries of any duty under applicable procurement laws, except
as provided in this section.</DELETED>
<DELETED>    Sec. 417. No funds appropriated in this Act for the
acquisition of lands or interests in lands may be expended for the
filing of declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on Appropriations:
Provided, That this provision shall not apply to funds appropriated to
implement the Everglades National Park Protection and Expansion Act of
1989, or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.</DELETED>
<DELETED>    Sec. 418. (a) Limitation on Competitive Sourcing
Studies.--</DELETED>
<DELETED>  (1) Of the funds made available by this or any other
Act to the Department of the Interior for fiscal year 2007, not
more than $3,450,000 may be used by the Secretary of the
Interior to initiate or continue competitive sourcing studies
in fiscal year 2007 for programs, projects, and activities for
which funds are appropriated by this Act until such time as the
Secretary concerned submits a reprogramming proposal to the
Committees on Appropriations of the Senate and the House of
Representatives, and such proposal has been processed
consistent with the reprogramming guidelines included in the
report accompanying this Act.</DELETED>
<DELETED>  (2) Of the funds appropriated by this Act, not more
than $2,500,000 may be used in fiscal year 2007 for competitive
sourcing studies and related activities by the Forest
Service.</DELETED>
<DELETED>    (b) Competitive Sourcing Study Defined.--In this section,
the term ``competitive sourcing study'' means a study on subjecting
work performed by Federal Government employees or private contractors
to public-private competition or on converting the Federal Government
employees or the work performed by such employees to private contractor
performance under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.</DELETED>
<DELETED>    (c) Competitive Sourcing Exemption for Forest Service
Studies Conducted Prior to Fiscal Year 2006.--The Forest Service is
hereby exempted from implementing the Letter of Obligation and post-
competition accountability guidelines where a competitive sourcing
study involved 65 or fewer full-time equivalents, the performance
decision was made in favor of the agency provider, no net savings was
achieved by conducting the study, and the study was completed prior to
the date of this Act.</DELETED>
<DELETED>    (d) In preparing any reports to the Committees on
Appropriations on competitive sourcing activities, agencies funded in
this Act shall include all costs attributable to conducting the
competitive sourcing competitions and staff work to prepare for
competitions or to determine the feasibility of starting competitions,
including costs attributable to paying outside consultants and
contractors and, in accordance with full cost accounting principles,
all costs attributable to developing, implementing, supporting,
managing, monitoring, and reporting on competitive sourcing, including
personnel, consultant, travel, and training costs associated with
program management.</DELETED>
<DELETED>    (e) In carrying out any competitive sourcing study
involving Forest Service employees, the Secretary of Agriculture
shall--</DELETED>
<DELETED>  (1) determine whether any of the employees concerned
are also qualified to participate in wildland fire management
activities; and</DELETED>
<DELETED>  (2) take into consideration the effect that
contracting with a private sector source would have on the
ability of the Forest Service to effectively and efficiently
fight and manage wildfires.</DELETED>
<DELETED>    Sec. 419. None of the funds in this Act or prior Acts
making appropriations for the Department of the Interior and Related
Agencies may be provided to the managing partners or their agents for
the SAFECOM or Disaster Management projects.</DELETED>
<DELETED>    Sec. 420. Section 331 of the Department of the Interior
and Related Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(3) of Public Law 106-113; 113 Stat. 1501A-196; 16
U.S.C. 497 note), as amended, is amended--</DELETED>
<DELETED>  (1) in subsection (a) by striking ``2006'' and
inserting ``2007''; and</DELETED>
<DELETED>  (2) in subsection (b) by striking ``2006'' and
inserting ``2007''.</DELETED>
<DELETED>    Sec. 421. The Secretary of Agriculture may acquire, by
exchange or otherwise, a parcel of real property, including
improvements thereon, of the Inland Valley Development Agency of San
Bernardino, California, or its successors and assigns, generally
comprising Building No. 3 and Building No. 4 of the former Defense
Finance and Accounting Services complex located at the southwest corner
of Tippecanoe Avenue and Mill Street in San Bernardino, California,
adjacent to the former Norton Air Force Base. As full consideration for
the property to be acquired, the Secretary of Agriculture may terminate
the leasehold rights of the United States received pursuant to section
8121(a)(2) of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 999). The acquisition of the property
shall be on such terms and conditions as the Secretary of Agriculture
considers appropriate and may be carried out without appraisals,
environmental or administrative surveys, consultations, analyses, or
other considerations of the condition of the property.</DELETED>
<DELETED>    Sec. 422. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a contract with a
private party to carry out, without specific authorization in a
subsequent Act of Congress, a competitive sourcing activity of the
Secretary of Agriculture or the Secretary of the Interior, including
support personnel of the Department of Agriculture and the Department
of the Interior, relating to wildfire management or wildfire
suppression programs.</DELETED>
<DELETED>    Sec. 423. None of the funds made available in this Act may
be used to work on or enter into a contract with a private party to
carry out, the Fire Program Analysis system, unless both the Secretary
of Agriculture and the Secretary of the Interior certify, in writing to
the Comptroller General, that this funding will accomplish the existing
work plan, as determined by the Wildland Fire Leadership Council, and
that State wildfire agencies will be full participants in the use and
development of the system.</DELETED>
<DELETED>    Sec. 424. Notwithstanding any other provision of law, no
officer or employee of the Smithsonian Institution or any of its
subsidiary organizations shall be compensated directly or indirectly at
an annual rate of pay in excess of the statutorily established rate of
pay of the President of the United States.</DELETED>

<DELETED>SEC. 425. LIMITATION ON USE OF FUNDS FOR SALE OR SLAUGHTER OF
FREE-ROAMING HORSES AND BURROS.</DELETED>

<DELETED>    None of the funds made available by this Act may be used
for the sale or slaughter of wild free-roaming horses and burros (as
defined in Public Law 92-195).</DELETED>

<DELETED>TITLE V--ADDITIONAL GENERAL PROVISIONS</DELETED>

<DELETED>    Sec. 501. None of the funds made available by this Act
shall be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order No. 13123, part 3 of title V
of the National Energy Conservation Policy Act (42 U.S.C. 8251 et
seq.), or subtitle A of title I of the Energy Policy Act of 2005
(including the amendments made thereby).</DELETED>
<DELETED>    Sec. 502. None of the funds made available in this Act may
be used to issue any new lease that authorizes production of oil or
natural gas under the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et. seq.) to any lessee under an existing lease issued by the
Department of the Interior pursuant to the Outer Continental Shelf Deep
Water Royalty Relief Act (43 U.S.C. 1337 note), where such existing
lease is not subject to limitations on royalty relief based on market
price.</DELETED>
<DELETED>    Sec. 503. None of the funds made available in this Act may
be used to plan, design, study, or construct, for the purpose of
harvesting timber by private entities or individuals, a forest
development road in the Tongass National Forest.</DELETED>
<DELETED>    Sec. 504. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than 50
employees from a Federal department or agency at any single conference
occurring outside the United States.</DELETED>
<DELETED>    Sec. 505. No funds made available by this Act may be
obligated or expended to conduct the San Gabriel Watershed and
Mountains Special Resource Study (authorized by the San Gabriel River
Watershed Study Act (Public Law 108-42)) in the cities of Diamond Bar,
La Habra, Industry, Chino Hills, and the community of Rowland Heights
in Los Angeles County, California (as defined by the following
boundaries: the City of Industry on the north, Orange County on the
south, the City of Diamond Bar and California State Route 57 on the
east, and the City of La Habra Heights and Schabarum Regional Park on
the west.).</DELETED>
<DELETED>    Sec. 506. None of the funds made available in this Act may
be used to eliminate or restrict programs that are for the
reforestation of urban areas.</DELETED>
<DELETED>    Sec. 507. None of the funds made available in this Act may
be used to limit outreach programs administered by the Smithsonian
Institution.</DELETED>
<DELETED>    Sec. 508. None of the funds in this Act may be used by the
Administrator of the Environmental Protection Agency to implement or
enforce the Joint Memorandum published in the Federal Register on
January 15, 2003 (68 Fed. Reg. 1995).</DELETED>
<DELETED>    Sec. 509. No funds provided in title I may be expended by
the Department of the Interior--</DELETED>
<DELETED>    (1) for the conduct of offshore natural gas
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;</DELETED>
<DELETED>    (2) to conduct offshore 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; or</DELETED>
<DELETED>    (3) to conduct natural gas preleasing, leasing,
and related activities in the Mid-Atlantic and South Atlantic
planning areas.</DELETED>
<DELETED>    This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2007''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of the
Interior, environment, and related agencies for the fiscal year ending
September 30, 2007, 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)), $876,872,000, to
remain available until expended, of which $1,250,000 is for high
priority projects, to be carried out by the Youth Conservation Corps;
and of which $3,000,000 shall be available in fiscal year 2007 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 $876,872,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.

wildland fire management

(including transfer of funds)

For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $776,649,000, to remain available until expended, of
which not to exceed $7,734,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
reduction activities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on
Federal land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes of
hazardous fuels reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews or related partnerships
with State, local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that 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
$9,000,000, between the Departments when such transfers would
facilitate and expedite jointly funded wildland fire management
programs and projects: Provided further, That funds provided for
wildfire suppression shall be available for support of Federal
emergency response actions.

construction

For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $6,840,000, 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, $9,217,000, 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;
$112,408,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).

forest ecosystem health and recovery fund

(revolving fund, special account)

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

range improvements

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

service charges, deposits, and forfeitures

For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law 93-153,
to remain available until expended: Provided, That, notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result 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, $1,023,703,000, to remain
available until September 30, 2008, except as otherwise provided
herein: Provided, That $2,500,000 is for high priority projects, which
shall be carried out by the Youth Conservation Corps: Provided further,
That not to exceed $17,859,000 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 $12,672,000 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, 2006: 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 his 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;
$28,824,000, 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. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $42,264,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended, of which, notwithstanding 16 U.S.C. 460l-9, $1,000,000 shall
be for land conservation partnerships authorized by the Highlands
Conservation Act of 2004: 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, $10,000,000, 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 that provides matching, competitively awarded grants to States,
the District of Columbia, federally recognized Indian tribes, Puerto
Rico, Guam, the United States Virgin Islands, the Northern Mariana
Islands, and American Samoa, to establish or supplement existing
landowner incentive programs that provide technical and financial
assistance, including habitat protection and restoration, to private
landowners for the protection and management of habitat to benefit
federally listed, proposed, candidate, or other at-risk species on
private lands.

private stewardship grants

For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for private conservation efforts to be
carried out on private lands, $7,277,000, 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 to provide grants and other assistance to
individuals and groups engaged in private conservation efforts that
benefit federally listed, proposed, candidate, or other at-risk
species.

cooperative endangered species conservation fund

For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $80,001,000,
to remain available until expended, of which $20,161,000 is to be
derived from the Cooperative Endangered Species Conservation Fund and
$59,840,000 is to be derived from the Land and Water Conservation Fund.

national wildlife refuge fund

For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $14,202,000.

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,
$39,412,000, to remain available until expended.

neotropical migratory bird conservation

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

multinational species conservation fund

For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301),
and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601),
$6,800,000, 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, $67,492,000,
to be derived from the Land and Water Conservation Fund, and to remain
available until expended: Provided, That of the amount provided herein,
$5,912,000 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 $5,912,000 and
administrative expenses, apportion the amount provided herein in the
following manner: (1) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not more than one-half
of 1 percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1 percent
thereof: Provided further, That the Secretary shall apportion the
remaining amount in the following manner: (1) one-third of which is
based on the ratio to which the land area of such State bears to the
total land area of all such States; and (2) two-thirds of which is
based on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the amounts
apportioned under this paragraph shall be adjusted equitably so that no
State shall be apportioned a sum which is less than 1 percent of the
amount available for apportionment under this paragraph for any fiscal
year or more than 5 percent of such amount: Provided further, That the
Federal share of planning grants shall not exceed 75 percent of the
total costs of such projects and the Federal share of implementation
grants shall not exceed 50 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may not
be derived from Federal grant programs: Provided further, That no
State, territory, or other jurisdiction shall receive a grant if its
comprehensive wildlife conservation plan is disapproved and such funds
that would have been distributed to such State, territory, or other
jurisdiction shall be distributed equitably to States, territories, and
other jurisdictions with approved plans: Provided further, That any
amount apportioned in 2007 to any State, territory, or other
jurisdiction that remains unobligated as of September 30, 2008, shall
be reapportioned, together with funds appropriated in 2009, in the
manner provided herein.

administrative provisions

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

National Park Service

operation of the national park system

For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, $1,751,040,000, of which $9,829,000 is
for planning and interagency coordination in support of Everglades
restoration and shall remain available until expended; of which
$89,314,000, to remain available until September 30, 2008, 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, $84,775,000.

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, $53,501,000: Provided, That
none of the funds in this Act for the Rivers, Trails and Conservation
Assistance program may be used for cash agreements, or for cooperative
agreements that are inconsistent with the program's final strategic
plan.

historic preservation fund

For expenses necessary in carrying out the Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333), $70,658,000,
to be derived from the Historic Preservation Fund and to remain
available until September 30, 2008, of which $30,000,000 shall be for
Save America's Treasures for preservation of nationally significant
sites, structures, and artifacts: Provided, That not to exceed
$10,000,000 of the amount provided for Save America's Treasures may be
for Preserve America grants to States, Tribes, and local communities
for projects that preserve important historic resources through the
promotion of heritage tourism: Provided further, That any individual
Save America's Treasures or Preserve America grant shall be matched by
non-Federal funds: Provided further, That individual projects shall
only be eligible for one grant: Provided further, That competitive
projects to be funded shall be approved by the Secretary of the
Interior in consultation with the House and Senate Committees on
Appropriations, and in consultation with the President's Committee on
the Arts and Humanities prior to the commitment of Save America's
Treasures grant funds and with the Advisory Council on Historic
Preservation prior to the commitment of Preserve America grant funds:
Provided further, That Save America's Treasures funds allocated for
Federal projects, following approval, shall be available by transfer to
appropriate accounts of individual agencies.

construction

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,
$234,855,000, to remain available until expended, of which $1,100,000
for the Mark Twain Boyhood Home National Historic Landmark shall be
derived from the Historic Preservation Fund pursuant to 16 U.S.C. 470a:
Provided, That none of the funds available to the National Park Service
may be used to plan, design, or construct any partnership project with
a total value in excess of $5,000,000, without advance approval of the
House and Senate Committees on Appropriations: Provided further, That
notwithstanding any other provision of law, the National Park Service
may not accept donations or services associated with the planning,
design, or construction of such new facilities without advance approval
of the House and Senate Committees on Appropriations: Provided further,
That funds provided under this heading for implementation of modified
water deliveries to Everglades National Park shall be expended
consistent with the requirements of the fifth proviso under this
heading in Public Law 108-108: Provided further, That funds provided
under this heading for implementation of modified water deliveries to
Everglades National Park shall be available for obligation only if
matching funds are appropriated to the Army Corps of Engineers for the
same purpose: Provided further, That none of the funds provided under
this heading for implementation of modified water deliveries to
Everglades National Park shall be available for obligation if any of
the funds appropriated to the Army Corps of Engineers for the purpose
of implementing modified water deliveries, including finalizing
detailed engineering and design documents for a bridge or series of
bridges for the Tamiami Trail component of the project, becomes
unavailable for obligation.

land and water conservation fund

(rescission)

The contract authority provided for fiscal year 2007 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, $63,393,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $30,000,000 is for the State assistance program including
$1,625,000 for program administration: Provided, That none of the funds
provided for the State assistance program may be used to establish a
contingency fund.

administrative provisions

Appropriations for the National Park Service shall be available for
the purchase of not to exceed 233 passenger motor vehicles, of which
193 shall be for replacement only, including not to exceed 190 for
police-type use, 11 buses, and 6 ambulances: Provided, That none of the
funds appropriated to the National Park Service may be used to
implement an agreement for the redevelopment of the southern end of
Ellis Island until such agreement has been submitted to the Congress
and shall not be implemented prior to the expiration of 30 calendar
days (not including any day in which either House of Congress is not in
session because of adjournment of more than 3 calendar days to a day
certain) from the receipt by the Speaker of the House of
Representatives and the President of the Senate of a full and
comprehensive report on the development of the southern end of Ellis
Island, including the facts and circumstances relied upon in support of
the proposed project.
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.
Notwithstanding any other provision of law, the National Park
Service is authorized to expend appropriated funds, which may include
existing, unobligated NPS recreation fee demonstration balances, for
the National Park Service's proportionate cost of upgrading the West
Yellowstone/Hebgen Basin (Gallatin County, Montana) municipal solid
waste disposal system for the processing and disposal of municipal
solid waste generated within Yellowstone National Park: Provided, That
future fees paid by the National Park Service to the West Yellowstone/
Hebgen Basin Solid Waste District will be restricted to operations and
maintenance costs of the facility, given the capital contribution made
by the National Park Service.
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.
In addition to other uses set forth in section 407(d) of Public Law
105-391, franchise fees credited to a sub-account shall be available
for expenditure by the Secretary, without further appropriation, for
use at any unit within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that the
benefiting unit anticipated franchise fee receipts over the term of the
contract at that unit exceed the amount of funds used to extinguish or
reduce liability. Franchise fees at the benefiting unit shall be
credited to the sub-account of the originating unit over a period not
to exceed the term of a single contract at the benefiting unit, in the
amount of funds so expended to extinguish or reduce liability.

United States Geological Survey

surveys, investigations, and research

For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $979,997,000, of
which $64,171,000 shall be available only for cooperation with States
or municipalities for water resources investigations; of which
$8,000,000 shall remain available until expended for satellite
operations; of which $22,977,000 shall be available until September 30,
2008, for the operation and maintenance of facilities and deferred
maintenance; and of which $176,547,000 shall be available until
September 30, 2008, for the biological research activity and the
operation of the Cooperative Research Units: Provided, That none of the
funds provided for the biological research activity shall be used to
conduct new surveys on private property, unless specifically authorized
in writing by the property owner: Provided further, That no part of
this appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and
municipalities: Provided further, That none of the funds in this or any
other Act may be used to competitively source functions of the National
Geospatial Technical Operations Center unless the Federal staff at the
Mid-Continent Mapping Center in Rolla, Missouri is afforded the
opportunity to establish a Most Efficient Organization team and
participate fully and fairly in the competitive sourcing competition.

administrative provisions

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

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, $156,551,000, of which $79,158,000
shall be available for royalty management activities; and an amount not
to exceed $128,730,000, 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 $128,730,000 in
additions to receipts are not realized from the sources of receipts
stated above, the amount needed to reach $128,730,000 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, 2008: 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 for the costs of administration of the
Coastal Impact Assistance Program authorized by section 31 of the Outer
Continental Shelf Lands Act, as amended (43 U.S.C. 1456a), MMS in
fiscal years 2007 through 2010 may retain one percent of the amounts
which are disbursed under section 31(b)(1), such retained amounts to
remain available until expended: Provided further, That the eighth
proviso under the heading of ``Minerals Management Service'' in
division E, title I, of the Consolidated Appropriations Act, 2005
(Public Law 108-447) is amended by inserting ``and Indian Tribes''
after ``States'', and inserting ``and (d)'' after ``30 U.S.C.
1721(b)''.

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, $6,903,000, 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; $112,109,000: Provided, That the
Secretary of the Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year 2007 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, $185,936,000, 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 2007: Provided further,
That pursuant to Public Law 97-365, the Department of the Interior is
authorized to use up to 20 percent from the recovery of the delinquent
debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That funds made available under
title IV of Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Government for the
purpose of environmental restoration related to treatment or abatement
of acid mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts allocated under section 402(g)(2) of such Act as of September
30, 2006, but not appropriated as of that date, are reallocated to the
allocation established in section 402(g)(3) of the 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 Act, if the amount set aside is
deposited in an acid mine drainage abatement and treatment fund
established under a State law, pursuant to which law the amount
(together with all interest earned on the amount) is expended by the
State to undertake acid mine drainage abatement and treatment projects,
except that before any amounts greater than 10 percent of its title IV
grants are deposited in an acid mine drainage abatement and treatment
fund, the State of Maryland must first complete all Surface Mining
Control and Reclamation Act priority one projects: Provided further,
That amounts provided under this heading may be used for the travel and
per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.

administrative provisions

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

Bureau of Indian Affairs

operation of indian programs

For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,005,538,000, to remain
available until September 30, 2008 except as otherwise provided herein,
of which not to exceed $80,179,000 shall be for welfare assistance
payments: Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided herein, to
provide for disaster relief to Indian communities affected by the
disaster; notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975, as amended, not
to exceed $147,628,000 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 2007, as authorized by
such Act, except that tribes and tribal organizations may use their
tribal priority allocations for unmet contract support costs of ongoing
contracts, grants, or compacts, or annual funding agreements and for
unmet welfare assistance costs; and of which not to exceed $457,352,000
for school operations costs of Bureau-funded schools and other
education programs shall become available on July 1, 2007, and shall
remain available until September 30, 2008; and of which not to exceed
$66,298,000 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 further, That notwithstanding
any other provision of law, including but not limited to the Indian
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
exceed $44,060,000 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 2006 for the
operation of Bureau-funded schools, and up to $500,000 within and only
from such amounts made available for school operations shall be
available for the transitional costs of initial administrative cost
grants to tribes and tribal organizations that enter into grants for
the operation on or after July 1, 2006, of Bureau-operated schools:
Provided further, That any forestry funds allocated to a tribe which
remain unobligated as of September 30, 2008, may be transferred during
fiscal year 2009 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, 2009.

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, $221,459,000, 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 2007, 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 such grantee 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 in order to ensure timely
completion of replacement school construction projects, the Secretary
may assume control of a project and all funds related to the project,
if, within eighteen months of the date of enactment of this Act, any
tribe or tribal organization receiving funds appropriated in this Act
or in any prior Act, has not completed the planning and design phase of
the project and commenced construction of the replacement school:
Provided further, That this Appropriation may be reimbursed from the
Office of the Special Trustee for American Indians Appropriation for
the appropriate share of construction costs for space expansion needed
in agency offices to meet trust reform implementation.

indian land and water claim settlements and miscellaneous payments to
indians

For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $39,213,000, to remain available
until expended, for implementation of Indian land and water claim
settlements pursuant to Public Laws 99-264, 100-580, 101-618, 107-331,
and 108-477, and for implementation of other land and water rights
settlements, of which $316,000 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, $6,262,000, of which
$626,000 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 $87,376,744.

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 oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations and
regional offices) 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.
Notwithstanding 25 U.S.C. 2007(d), and implementing regulations,
the funds reserved from the Indian Student Equalization Program to meet
emergencies and unforeseen contingencies affecting education programs
appropriated herein and in Public Law 109-54 may be used for costs
associated with significant student enrollment increases at Bureau-
funded schools during the relevant school year.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if a tribe or tribal
organization in fiscal year 2003 or 2004 received indirect and
administrative costs pursuant to a distribution formula based on
section 5(f) of Public Law 101-301, the Secretary shall continue to
distribute indirect and administrative cost funds to such tribe or
tribal organization using the section 5(f) distribution formula.

Departmental Offices

Insular Affairs

assistance to territories

For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $76,481,000, of which:
(1) $68,857,000 shall remain available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and
brown tree snake control and research; grants to the judiciary in
American Samoa for compensation and expenses, as authorized by law (48
U.S.C. 1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and support of
governmental functions; grants to the Government of the Virgin Islands
as authorized by law; grants to the Government of Guam, as authorized
by law; and grants to the Government of the Northern Mariana Islands as
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $7,624,000
shall remain available until September 30, 2008, for salaries and
expenses of the Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein provided
for, including such transactions of all agencies or instrumentalities
established or used by such governments, may be audited by the
Government Accountability Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided further, That
Northern Mariana Islands Covenant grant funding shall be provided
according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That of the amounts provided for technical assistance,
sufficient funds shall be made available for a grant to the Pacific
Basin Development Council: Provided further, That of the amounts
provided for technical assistance, sufficient funding shall be made
available for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based
on the grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).

compact of free association

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

Departmental Management

salaries and expenses

For necessary expenses for management of the Department of the
Interior, $118,845,000; of which $7,915,000 is to be derived from the
Land and Water Conservation Fund and shall remain available until
expended; of which not to exceed $8,500 may be for official reception
and representation expenses; and of which up to $1,000,000 shall be
available for workers compensation payments and unemployment
compensation payments associated with the orderly closure of the United
States Bureau of Mines: Provided, That none of the funds in this Act or
previous appropriations Acts may be used to establish reserves in the
Working Capital Fund account other than for accrued annual leave and
depreciation of equipment without prior approval of the House and
Senate Committees on Appropriations.

payments in lieu of taxes

For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $235,062,000, of which not to exceed
$400,000 shall be available for administrative expenses: Provided, That
no payment shall be made to otherwise eligible units of local
government if the computed amount of the payment is less than $100.

central hazardous materials fund

For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$9,923,000, to remain available until expended.

Office of the Solicitor

salaries and expenses

For necessary expenses of the Office of the Solicitor, $56,755,000.

Office of Inspector General

salaries and expenses

For necessary expenses of the Office of Inspector General,
$39,688,000.

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,
$178,683,000, to remain available until expended, of which not to
exceed $50,000,000 from this or any other Act, shall be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Departmental Management, ``Salaries and
Expenses'' account: Provided further, That funds made available to
Tribes and Tribal organizations through contracts or grants obligated
during fiscal year 2007, 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 $15.00 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, $39,150,000, to remain available
until expended, and which may be transferred to the Bureau of Indian
Affairs and Departmental Management accounts: Provided, That funds
provided under this heading may be expended pursuant to the authorities
contained in the provisos under the heading, ``Office of Special
Trustee for American Indians, Indian Land Consolidation'' of the
Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-
291).

Natural Resource Damage Assessment and Restoration

natural resource damage assessment fund

To conduct natural resource damage assessment and restoration
activities by the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $6,109,000, to remain
available until expended.

administrative provisions

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

General Provisions, Department of the Interior

Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer within each bureau or office, with the approval
of the Secretary, for the emergency reconstruction, replacement, or
repair of aircraft, buildings, utilities, or other facilities or
equipment damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made available
under this authority until funds specifically made available to the
Department of the Interior for emergencies shall have been exhausted:
Provided further, That all funds used pursuant to this section must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills; for
the prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer,
from any no year funds available to the Office of Surface Mining
Reclamation and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy State is not
carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other
Federal agencies for destruction of vehicles, aircraft, or other
equipment in connection with their use for wildland fire operations,
such reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this authority
until the Secretary determines that funds appropriated for ``wildland
fire operations'' shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished by a
supplemental appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 104. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore preleasing,
leasing and related activities placed under restriction in the
President's moratorium statement of June 12, 1998, in the areas of
northern, central, and southern California; the North Atlantic;
Washington and Oregon; and the eastern Gulf of Mexico south of 26
degrees north latitude and east of 86 degrees west longitude.
Sec. 105. No funds provided in this title may be expended by the
Department of the Interior to conduct offshore oil and natural gas
preleasing, leasing and related activities in the eastern Gulf of
Mexico planning area for any lands located outside Sale 181, as
identified in the final Outer Continental Shelf 5-Year Oil and Gas
Leasing Program, 1997-2002.
Sec. 106. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 107. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Office of Special Trustee for American Indians
and any unobligated balances from prior appropriations Acts made under
the same headings shall be available for expenditure or transfer for
Indian trust management and reform activities, excluding litigation
costs. Total funding for historical accounting activities shall not
exceed amounts specifically designated in this Act for such purpose.
Sec. 108. Notwithstanding any other provision of law, 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
2007. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
Sec. 109. 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. 110. 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. 111. Funds provided in this Act for Federal land acquisition
by the National Park Service for Shenandoah Valley Battlefields
National Historic District and Ice Age National Scenic Trail, and funds
provided in division E of Public Law 108-447 (118 Stat. 3050) for land
acquisition at the Niobrara National Scenic River, may be used for a
grant to a State, a local government, or any other land management
entity for the acquisition of lands without regard to any restriction
on the use of Federal land acquisition funds provided through the Land
and Water Conservation Fund Act of 1965 as amended.
Sec. 112. 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. 113. 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. 114. 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. 115. The Secretary of the Interior may use discretionary funds
to pay private attorney fees and costs for employees and former
employees of the Department of the Interior reasonably incurred in
connection with Cobell v. Norton to the extent that such fees and costs
are not paid by the Department of Justice or by private insurance. In
no case shall the Secretary make payments under this section that would
result in payment of hourly fees in excess of the highest hourly rate
approved by the District Court for the District of Columbia for counsel
in Cobell v. Norton.
Sec. 116. 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. 117. (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. 118. 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. 119. Section 121 of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006 (Public Law
109-54) is hereby repealed.
Sec. 120. Notwithstanding any implementation of the Department of
the Interior's trust reorganization or reengineering plans, or the
implementation of the ``To Be'' Model, funds appropriated for fiscal
year 2007 shall be available to the tribes within the California Tribal
Trust Reform Consortium and to the Salt River Pima-Maricopa Indian
Community, the Confederated Salish and Kootenai Tribes of the Flathead
Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation
through the same methodology as funds were distributed in fiscal year
2003. This Demonstration Project shall continue to operate separate and
apart from the Department of the Interior's trust reform and
reorganization and the Department shall not impose its trust management
infrastructure upon or alter the existing trust resource management
systems of the above referenced tribes having a self-governance compact
and operating in accordance with the Tribal Self-Governance Program set
forth in 25 U.S.C. 458aa-458hh: Provided, That the California Trust
Reform Consortium and any other participating tribe agree to carry out
their responsibilities under the same written and implemented fiduciary
standards as those being carried by the Secretary of the Interior:
Provided further, That they demonstrate to the satisfaction of the
Secretary that they have the capability to do so: Provided further,
That the Department shall provide funds to the tribes in an amount
equal to that required by 25 U.S.C. 458cc(g)(3), including funds
specifically or functionally related to the provision of trust services
to the tribes or their members.
Sec. 121. Notwithstanding any provision of law, including 42
U.S.C. 4321 et seq., nonrenewable grazing permits authorized in the
Jarbidge Field Office, Bureau of Land Management within the past 10
years, shall be renewed. The Animal Unit Months contained in the most
recently expired nonrenewable grazing permit, authorized between March
1, 1997, and February 28, 2003, shall continue in effect under the
renewed permit. Nothing in this section shall be deemed to extend the
nonrenewable permits beyond the standard 1-year term.
Sec. 122. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to acquire lands, waters, or interests
therein including the use of all or part of any pier, dock, or landing
within the State of New York and the State of New Jersey, for the
purpose of operating and maintaining facilities in the support of
transportation and accommodation of visitors to Ellis, Governors, and
Liberty Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and
other monetary consideration), or by exchange; and the Secretary is
authorized to negotiate and enter into leases, subleases, concession
contracts or other agreements for the use of such facilities on such
terms and conditions as the Secretary may determine reasonable.
Sec. 123. Upon the request of the permittee for the Clark Mountain
Allotment lands adjacent to the Mojave National Preserve, the Secretary
shall also issue a special use permit for that portion of the grazing
allotment located within the Preserve. The special use permit shall be
issued with the same terms and conditions as the most recently-issued
permit for that allotment and the Secretary shall consider the permit
to be one transferred in accordance with section 325 of Public Law 108-
108.
Sec. 124. (a) Notwithstanding any other provision of law and
subject to subsections (b) and (c), the final rule that amends part 7
of title 36, Code of Federal Regulations, entitled ``Special
Regulations; Areas of the National Park System'' (69 Fed. Reg. 65348
(November 10, 2004)) (as in effect on the day before the date of
enactment of this Act), excluding sections 7.13(1)(3)(ii),
7.13(1)(4)(vii), 7.21(a)(3)(ii), 7.21(a)(4)(vii), and 7.22(g)(3)(ii) of
title 36, Code of Federal Regulations, shall be in force and effect
until the earlier of--
(1) the date that is 3 years after the date of enactment of
this Act; or
(2) the date on which the Secretary of the Interior
(referred to in this section as the ``Secretary'') promulgates
and implements regulations to replace the final rule.
(b) If a court of competent jurisdiction enjoins or otherwise
limits the implementation of the replacement regulations described in
subsection (a)(2), the final rule referred to in subsection (a) shall
be reinstated for a period of not more than 3 years.
(c)(1) Notwithstanding any other provision of law and subject to
paragraph (2), the Secretary may award temporary concession contracts
to any snowmobile operator that satisfactorily operated, as determined
by the Secretary, for the winter use season of 2005-2006 at Yellowstone
National Park, Grand Teton National Park, or the John D. Rockefeller,
Jr., Memorial Parkway.
(2) A temporary concession contract awarded under paragraph (1) may
be for 1 or more additional terms of not more than a total of 3 years.
Sec. 125. None of the funds in this or any other Act may be used to
set up Centers of Excellence and Partnership Skills Bank training
without prior approval of the House and Senate Committees on
Appropriations.
Sec. 126. Red Rock Canyon National Conservation Area. Section 6(a)
of the Red Rock Canyon National Conservation Area Establishment Act of
1990 (16 U.S.C. 460ccc-4(a)) is amended--
(1) in paragraph (1), by striking ``with donated or
appropriated funds'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
Sec. 127. Pursuant to section 10101f(d)(3) of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), the following claims
shall be given notice of defect and the opportunity to cure: AA 023149;
AA 023163; AA 047913; AA 047914; AA 047915; AA 047916; AA 047917; AA
047918 and AA 047919.
Sec. 128. Oil and Gas Leasing Internet Pilot Program.
Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act (30
U.S.C 226(b)(1)(A)), the Secretary of the Interior shall establish an
oil and gas leasing Internet pilot program, under which the Secretary
may conduct lease sales through methods other than oral bidding. To
carry out the pilot program, the Secretary of the Interior may use not
more than $250,000 of funds in the BLM Permit Processing Improvement
Fund described in section 35(c)(2)(B) of the Mineral Leasing Act (30
U.S.C. 191(c)(2)(B)).
Sec. 129. In implementing section 1307 of Public Law 96-487 (4
Stat. 2479), the Secretary shall deem the present holders of entry
permit CP-GLBA005-00 and entry permit CP-GLBA004-00 each to be a person
who, on or before January 1, 1979, was engaged in adequately providing
visitor services of the type authorized in said permit within Glacier
Bay National Park.
Sec. 130. Section 144(b)(2) of the Consolidated Appropriations Act,
2005 (Public Law 108-447, 118 Stat. 3072), is amended by striking
``September 24, 2004'' and inserting ``May 4, 2005''.
Sec. 131. (a) The Natchez Trace Parkway, Natchez National
Historical Park, Brices Cross Roads National Battlefield Site, and
Tupelo National Battlefield shall be administered under the supervision
of the Superintendent of the Natchez Trace Parkway.
(b) The position of Superintendent of the Natchez Trace Parkway
shall be classified in the Senior Executive Service.
Sec. 132. (a) The Secretary of the Interior is authorized and shall
seek to enter into written agreements to amend the payment
responsibilities under all leases issued authorizing production of oil
and gas from the Outer Continental Shelf that provide for the relief
from the payment of royalties and do not include any provision for
suspension of that relief based on increase of the prices of oil and
gas above specified thresholds. Not later than 30 days after the date
of enactment of this Act, the Secretary shall provide each lessee
holding any such lease with a separate written offer to amend such
payment responsibilities. For purposes of implementing this section,
where there are multiple persons owning a share of a lease, the
Secretary is authorized to implement separate agreements with each
person regarding that person's respective interest in the lease. The
offer shall propose imposing price thresholds beginning in the calendar
year in which the offer is accepted at a level consistent with the
price thresholds contained in Outer Continental Shelf leases that
contained price thresholds granted in 1996, 1997, and 2000.
(b) The Congress hereby reaffirms the application of section
8(a)(1)(H) of the Outer Continental Shelf Lands Act, particularly with
respect to the authority of the Secretary of the Interior to vary the
suspension of royalties based on the price of production from a lease,
to all leases subject to the Deepwater Royalty Relief Act of 1995.
(c) Not later than 180 days after the date of enactment of this
Act, the Secretary shall report to the Committees on Appropriations of
the Senate and the House of Representatives, the Committee on Energy
and Natural Resources of the Senate, and the Committee on Resources of
the House of Representatives on the results of the efforts of the
Secretary under subsection (a).
Sec. 133. None of the funds made available in this Act may be used
to issue any new lease that authorizes production of oil or natural gas
under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to
any lessee under an existing lease issued by the Department of the
Interior in accordance with the Outer Continental Shelf Deep Water
Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58), where such
existing lease is not subject to limitations on royalty relief based on
market price. An exception will be made if, at the request of the
lessee, the royalty clause of the lease is renegotiated or a settlement
agreement is reached with the Department of the Interior to incorporate
limitations on royalty relief based on market price.
Sec. 134. No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water for the purpose of export, for approval of any right-of-way
or similar authorization on the Mojave National Preserve or lands
managed by the Needles Field Office of the Bureau of Land Management,
or for carrying out any activities associated with such right-of-way or
similar approval.

TITLE II

ENVIRONMENTAL PROTECTION AGENCY

Science and Technology

For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; procurement of laboratory equipment and
supplies; other operating expenses in support of research and
development; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$793,362,000, to remain available until September 30, 2008.

Environmental Programs and Management

For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or
at a price to members lower than to subscribers who are not members;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to exceed $9,000
for official reception and representation expenses, $2,310,674,000, to
remain available until September 30, 2008, including administrative
costs of the brownfields program under the Small Business Liability
Relief and Brownfields Revitalization Act of 2002.

Office of Inspector General

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$35,100,000, to remain available until September 30, 2008.

Buildings and Facilities

For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $39,816,000, to remain available until
expended.

Hazardous Substance Superfund

(including transfers of funds)

For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,261,345,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2006, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,261,345,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA, as amended: Provided,
That funds appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $13,316,000
shall be transferred to the ``Office of Inspector General''
appropriation to remain available until September 30, 2008, and
$27,811,000 shall be transferred to the ``Science and Technology''
appropriation to remain available until September 30, 2008.

Leaking Underground Storage Tank Trust Fund Program

For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $85,000 per project, $72,759,000, to remain available until
expended.

Oil Spill Response

For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$16,506,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.

State and Tribal Assistance Grants

(including rescission of funds)

For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,000,362,000, to remain available until expended,
of which $687,555,000 shall be for making capitalization grants for the
Clean Water State Revolving Funds under title VI of the Federal Water
Pollution Control Act, as amended (the ``Act''); $841,500,000 shall be
for capitalization grants for the Drinking Water State Revolving Funds
under section 1452 of the Safe Drinking Water Act, as amended;
$30,750,000 shall be for architectural, engineering, planning, design,
construction and related activities in connection with the construction
of high priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the appropriate
border commission; $24,850,000 shall be for grants to the State of
Alaska to address drinking water and waste infrastructure needs of
rural and Alaska Native Villages: Provided, That, of these funds: (1)
the State of Alaska shall provide a match of 25 percent; (2) no more
than 5 percent of the funds may be used for administrative and overhead
expenses; and (3) not later than October 1, 2005 the State of Alaska
shall make awards consistent with the State-wide priority list
established in 2004 for all water, sewer, waste disposal, and similar
projects carried out by the State of Alaska that are funded under
section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301)
or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities; $210,000,000 shall
be for making special project grants for the construction of drinking
water, wastewater and storm water infrastructure and for water quality
protection in accordance with the terms and conditions specified for
such grants in the joint explanatory statement of the managers
accompanying this Act, and, for purposes of these grants, each grantee
shall contribute not less than 45 percent of the cost of the project
unless the grantee is approved for a waiver by the Agency; $89,119,000
shall be to carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including grants, interagency agreements, and associated program
support costs; $20,127,000 for grants under sections 791-797 of the
Energy Policy Act of 2005; and $1,096,461,000 shall be for grants,
including associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and air
pollution control agencies for multi-media or single media pollution
prevention, control and abatement and related activities, including
activities pursuant to the provisions set forth under this heading in
Public Law 104-134, and for making grants under section 103 of the
Clean Air Act for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, of which $49,495,000 shall be for carrying out section
128 of CERCLA, as amended, $14,850,000 shall be for Environmental
Information Exchange Network grants, including associated program
support costs, $18,500,000 of the funds available for grants under
section 106 of the Act shall be for water quality monitoring activities
that meet EPA standards for statistically representative monitoring
programs, $17,567,000 to make grants to States under section 2007(f)(2)
of the Solid Waste Disposal Act, as amended, and to federally
recognized tribes under Public Law 105-276, and to provide financial
assistance to States and federally-recognized tribes for the purposes
authorized by title XV, subtitle B of the Energy Policy Act of 2005,
with the exception of leaking underground storage tank cleanup
activities that are authorized by section 205 of Superfund Amendments
and Reauthorization Act of 1986, and $16,608,000 shall be for making
competitive targeted watershed grants: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State water pollution
control revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans made by
such fund in fiscal year 2007 and prior years where such amounts
represent costs of administering the fund to the extent that such
amounts are or were deemed reasonable by the Administrator, accounted
for separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided further, That
for fiscal year 2007, and notwithstanding section 518(f) of the Act,
the Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of that Act to make grants to federally
recognized Indian tribes pursuant to sections 319(h) and 518(e) of that
Act: Provided further, That for fiscal year 2007, notwithstanding the
limitation on amounts in section 518(c) of the Act, up to a total of
1\1/2\ percent of the funds appropriated for State Revolving Funds
under title VI of that Act may be reserved by the Administrator for
grants under section 518(c) of that Act: Provided further, That no
funds provided by this Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United States
along the United States-Mexico border shall be made available to a
county or municipal government unless that government has established
an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which lacks
water, wastewater, or other necessary infrastructure: Provided further,
That funds that were appropriated under this heading for special
project grants in fiscal year 2001 or earlier that have not been
obligated on an approved grant by September 1, 2007, are rescinded.

Administrative Provisions

For fiscal year 2007, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally-recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in
implementing Federal environmental programs for Indian Tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (as added by subsection (f)(2) of the Pesticide
Registration Improvement Act of 2003), as amended.
By December 31, 2006, EPA shall finalize a rule for the Federal
Water Pollution Control Act, as amended, section 106 (Water Pollution
Control) grants that incorporates financial incentives for States that
implement adequate National Pollutant Discharge Elimination System fee
programs.

General Provisions, Environmental Protection Agency

Sec. 201. Relief for Small Systems. (a) Definitions.--In this
section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Small system.--The term ``small system'' means a small
public water system eligible to receive a variance under
section 1415(e) of the Safe Drinking Water Act (42 U.S.C. 300g-
4(e)).
(b) Small System Demonstration Projects.--Of the amounts made
available under the heading ``Science and Technology'' in title II, not
less than $5,500,000 shall be used by the Administrator to develop
alternative technologies to comply with the disinfection byproducts
rules and regulations described in clauses (ii) and (iii) of subsection
(c)(1)(A).
(c) Third-Party State Assistance Grants.--
(1) In general.--Using not less than $5,500,000 of the
amounts made available under the heading ``Environmental
Programs and Management'' in title II, the Administrator shall
carry out a competitive grant program to provide additional
assistance under section 1452(q) of the Safe Drinking Water Act
(42 U.S.C. 300j-12(q)) to small systems and qualified (as
determined by the Administrator) organizations for use in
addressing State needs, including for use in--
(A) complying with--
(i) the standard for arsenic promulgated in
the final rule entitled ``National Primary
Drinking Water Regulations; Arsenic and
Clarifications to Compliance and New Source
Contaminants Monitoring'' (66 Fed. Reg. 6976
(January 22, 2001));
(ii) the final rule entitled ``National
Primary Drinking Water Regulations:
Disinfectants and Disinfection Byproducts'' (63
Fed. Reg. 69390 (December 16, 1998)); and
(iii) other regulations promulgated in
accordance with the Safe Drinking Water Act (42
U.S.C. 300f et seq.) relating to disinfection
byproducts, wastewater permits, and source
water protection; and
(B) completing and submitting applications for
funding assistance.
(2) Priority.--In providing grants under paragraph (1), the
Administrator shall give priority to small systems and
qualified (as determined by the Administrator) organizations
that have the most support (or a majority of support) from
small communities in each State.

TITLE III

RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

forest and rangeland research

For necessary expenses of forest and rangeland research as
authorized by law, $274,987,000, to remain available until expended:
Provided, That of the funds provided, $62,000,000 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, $251,091,000, to remain
available until expended, as authorized by law of which $49,935,000 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

(including transfers of funds)

For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,413,791,000, to remain available
until expended, which shall include 50 percent of all moneys received
during prior fiscal years as fees collected under the Land and Water
Conservation Fund Act of 1965, as amended, in accordance with section 4
of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
under this heading available at the start of fiscal year 2007 shall be
displayed by budget line item in the fiscal year 2008 budget
justification: Provided further, That of the funds provided under this
heading for Forest Products, $5,000,000 shall be allocated to the
Alaska Region, in addition to its normal allocation for the purposes of
preparing additional timber for sale, to establish a 3-year timber
supply and such funds may be transferred to other appropriations
accounts as necessary to maximize accomplishment.

wildland fire management

(including transfers of funds)

For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, and for
emergency rehabilitation of burned-over National Forest System lands
and water, $1,782,949,000, 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 2006 shall be transferred to the fund established
pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.) if
necessary to reimburse the fund for unpaid past advances: Provided
further, That, notwithstanding any other provision of law, $8,000,000
of funds appropriated under this appropriation shall be used for Fire
Science Research in support of the Joint Fire Science Program: Provided
further, That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available in
the utilization of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities in
the urban-wildland interface, support to Federal emergency response,
and wildfire suppression activities of the Forest Service: Provided
further, That of the funds provided, $291,792,000 is for hazardous
fuels reduction activities, $2,000,000 is for rehabilitation and
restoration, $24,439,000 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, $6,802,000 is for forest health activities on Federal
lands and $4,552,000 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, the Joint Fire Science Program,
vegetation and watershed management, heritage site rehabilitation, and
wildlife and fish habitat management and restoration: Provided further,
That transfers of any amounts in excess of those authorized in this
paragraph, shall require approval of the House and Senate Committees on
Appropriations in compliance with reprogramming procedures contained in
the report accompanying this Act: Provided further, That funds provided
under this heading for hazardous fuels treatments may be transferred to
and made a part of the ``National Forest System'' account at the sole
discretion of the Chief of the Forest Service thirty days after
notifying the House and the Senate Committees on Appropriations:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That in addition to funds provided for State Fire Assistance
programs, and subject to all authorities available to the Forest
Service under the State and Private Forestry Appropriation, up to
$15,000,000 may be used on adjacent non-Federal lands for the purpose
of protecting communities when hazard reduction activities are planned
on national forest lands that have the potential to place such
communities at risk: Provided further, That included in funding for
hazardous fuel reduction is $5,000,000 for implementing the Community
Forest Restoration Act, Public Law 106-393, title VI, and any portion
of such funds shall be available for use on non-Federal lands in
accordance with authorities available to the Forest Service under the
State and Private Forestry appropriation: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $9,000,000, between
the Departments when such transfers would facilitate and expedite
jointly funded wildland fire management programs and projects: Provided
further, That of the funds provided for hazardous fuels reduction, not
to exceed $5,000,000, may be used to make grants, using any authorities
available to the Forest Service under the State and Private Forestry
appropriation, for the purpose of creating incentives for increased use
of biomass from national forest lands: Provided further, That funds
designated for wildfire suppression shall be assessed for indirect
costs on the same basis as such assessments are calculated against
other agency programs.

capital improvement and maintenance

For necessary expenses of the Forest Service, not otherwise
provided for, $383,740,000, 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, $36,985,000, 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, $1,053,000, to be
derived from forest receipts.

acquisition of lands to complete land exchanges

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

range betterment fund

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

gifts, donations and bequests for forest and rangeland research

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

management of national forest lands for subsistence uses

For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96-487),
$5,311,000, to remain available until expended.

administrative provisions, forest service

Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet for use in Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement aircraft;
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to abolish any region, to move or close any regional office
for National Forest System administration of the Forest Service,
Department of Agriculture without the consent of the House and Senate
Committees on Appropriations.
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon notification of the House and Senate Committees
on Appropriations and if and only if all previously appropriated
emergency contingent funds under the heading ``Wildland Fire
Management'' have been released by the President and apportioned and
all wildfire suppression funds under the heading ``Wildland Fire
Management'' are obligated.
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 available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the report accompanying this Act.
Not more than $73,052,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture. Nothing in this paragraph shall prohibit or limit the use
of reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center.
Funds available to the Forest Service shall be available to conduct
a program of not less than $2,500,000 for high priority projects within
the scope of the approved budget which shall be carried out by the
Youth Conservation Corps.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, $3,000,000 may be advanced
in a lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for 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 made available by the Forest
Service: Provided further, That the Foundation may transfer Federal
funds to a non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds: Provided
further, That authorized investments of Federal funds held by the
Foundation may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
funds available to the Forest Service shall be advanced to the National
Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its subrecipients.
Funds appropriated to the Forest Service shall be available for
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.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar non-litigation related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
Any appropriations or funds available to the Forest Service may be
used for necessary expenses in the event of law enforcement emergencies
as necessary to protect natural resources and public or employee
safety: Provided, That such amounts shall not exceed $500,000.
An eligible individual who is employed in any project funded under
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $45,000,000,
shall be assessed for the purpose of performing facilities maintenance.
Such assessments shall occur using a square foot rate charged on the
same basis the agency uses to assess programs for payment of rent,
utilities, and other support services.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

indian health services

For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $2,835,544,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
238(b) for services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the
time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That up to $18,000,000 shall remain
available until expended for the Indian Catastrophic Health Emergency
Fund: Provided further, That $536,259,000 for contract medical care
shall remain available for obligation until September 30, 2008:
Provided further, That no less than $32,744,000 is provided for
maintaining operations of the urban Indian health program at the
current level: Provided further, That of the funds provided, up to
$27,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That funds provided in this Act may
be used for one-year contracts and grants which are to be performed in
two fiscal years, so long as the total obligation is recorded in the
year for which the funds are appropriated: Provided further, That the
amounts collected by the Secretary of Health and Human Services under
the authority of title IV of the Indian Health Care Improvement Act
shall remain available until expended for the purpose of achieving
compliance with the applicable conditions and requirements of titles
XVIII and XIX of the Social Security Act (exclusive of planning,
design, or construction of new facilities): Provided further, That
funding contained herein, and in any earlier appropriations Acts for
scholarship programs under the Indian Health Care Improvement Act (25
U.S.C. 1613) shall remain available until expended: Provided further,
That amounts received by tribes and tribal organizations under title IV
of the Indian Health Care Improvement Act shall be reported and
accounted for and available to the receiving tribes and tribal
organizations until expended: Provided further, That, notwithstanding
any other provision of law, of the amounts provided herein, not to
exceed $270,316,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associated with
contracts, grants, self-governance compacts or annual funding
agreements between the Indian Health Service and a tribe or tribal
organization pursuant to the Indian Self-Determination Act of 1975, as
amended, prior to or during fiscal year 2007, of which not to exceed
$5,000,000 may be used for contract support costs associated with new
or expanded self-determination contracts, grants, self-governance
compacts or annual funding agreements: Provided further, That the
Bureau of Indian Affairs may collect from the Indian Health Service and
tribes and tribal organizations operating health facilities pursuant to
Public Law 93-638 such individually identifiable health information
relating to disabled children as may be necessary for the purpose of
carrying out its functions under the Individuals with Disabilities
Education Act (20 U.S.C. 1400, et seq.): Provided further, That of the
amounts provided to the Indian Health Service, $15,000,000 is
designated for alcohol control, enforcement, prevention, treatment,
sobriety and wellness, and education in Alaska, to be distributed in
accordance with the instruction provided in Senate Report 109-80:
Provided further, That none of these funds may be used for tribal
courts or tribal ordinance programs or any program that is not directly
related to alcohol control, enforcement, prevention, treatment, or
sobriety: Provided further, That no more than 15 percent may be used by
any entity receiving funding for administrative overhead including
indirect costs.

indian health facilities

For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $357,287,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities: Provided
further, That not to exceed $500,000 shall be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of Defense
for distribution to the Indian Health Service and tribal facilities:
Provided further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities construction for
new homes funded with grants by the housing programs of the United
States Department of Housing and Urban Development: Provided further,
That not to exceed $1,000,000 from this account and the ``Indian Health
Services'' account shall be used by the Indian Health Service to obtain
ambulances for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the Indian
Health Service and the General Services Administration: Provided
further, That not to exceed $500,000 shall be placed in a Demolition
Fund, available until expended, to be used by the Indian Health Service
for demolition of Federal buildings.

administrative provisions, indian health service

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

National Institutes of Health

national institute of environmental health sciences

For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $78,414,000.

Agency for Toxic Substances and Disease Registry

toxic substances and environmental public health

For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986, as amended; and section 3019 of the Solid
Waste Disposal Act, as amended, $75,004,000, of which up to $1,500,000,
to remain available until expended, is for Individual Learning Accounts
for full-time equivalent employees of the Agency for Toxic Substances
and Disease Registry: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment under
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct
other appropriate health studies, evaluations, or activities,
including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2007, and existing profiles may be updated as necessary.

OTHER RELATED AGENCIES

Executive Office of the President

council on environmental quality and office of environmental quality

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

Chemical Safety and Hazard Investigation Board

salaries and expenses

For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire of
passenger vehicles, uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376,
$9,108,000: Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior Executive
Service positions.

Office of Navajo and Hopi Indian Relocation

salaries and expenses

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

Institute of American Indian and Alaska Native Culture and Arts
Development

payment to the institute

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

Smithsonian Institution

salaries and expenses

For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to five replacement passenger vehicles; purchase,
rental, repair, and cleaning of uniforms for employees, $537,394,000,
of which not to exceed $9,964,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, the National Museum
of African American History and Culture, and the repatriation of
skeletal remains program shall remain available until expended; of
which not to exceed $275,000 shall be available for transfer to the
United States Federal Protective Service for costs associated with
building security at the George Gustfav Heye Center in New York; and of
which $1,577,000 for fellowships and scholarly awards shall remain
available until September 30, 2008; and including such funds as may be
necessary to support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research Centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations.

facilities capital

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

administrative provisions, smithsonian institution

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

National Gallery of Art

salaries and expenses

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

repair, restoration and renovation of buildings

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

John F. Kennedy Center for the Performing Arts

operations and maintenance

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

construction

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

Woodrow Wilson International Center for Scholars

salaries and expenses

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

National Foundation on the Arts and the Humanities

National Endowment for the Arts

grants and administration

For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $124,412,000 shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts, through assistance to
organizations and individuals pursuant to sections 5(c) and 5(g) of the
Act, including $14,097,000 for support of arts education and public
outreach activities through the Challenge America program, for program
support, and for administering the functions of the Act, to remain
available until expended: Provided, That funds previously appropriated
to the National Endowment for the Arts ``Matching Grants'' account may
be transferred to and merged with this account: Provided further, That
funds appropriated herein shall be expended in accordance with sections
309 and 311 of Public Law 108-108.

National Endowment for the Humanities

grants and administration

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

matching grants

To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$14,906,000, to remain available until expended, of which $9,649,000
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 of 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), $1,951,000: Provided, That the Commission is
authorized to charge fees to cover the full costs of its publications,
and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further
appropriation.

National Capital Arts and Cultural Affairs

For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), as amended, $7,500,000.

Advisory Council on Historic Preservation

salaries and expenses

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

National Capital Planning Commission

salaries and expenses

For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $8,265,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.

United States Holocaust Memorial Museum

holocaust memorial museum

For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $43,786,000, of which
$515,000 for the equipment replacement program shall remain available
until September 30, 2009; and $1,900,000 for the museum's repair and
rehabilitation program and $1,264,000 for the museum's exhibition
design and production program shall remain available until expended.

Presidio Trust

presidio trust fund

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

White House Commission on the National Moment of Remembrance

salaries and expenses

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

TITLE IV

GENERAL PROVISIONS

Sec. 401. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive Order issued pursuant to existing law.
Sec. 402. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 403. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 404. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency except as otherwise provided by law.
Sec. 405. Estimated overhead charges, deductions, reserves or
holdbacks from programs, projects, activities and subactivities to
support government-wide, departmental, agency or bureau administrative
functions or headquarters, regional or central operations shall be
presented in annual budget justifications and subject to approval by
the Committees on Appropriations. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
provided in, this Act or any other Act.
Sec. 407. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 2006.
Sec. 408. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply
if the Secretary of the Interior determines that, for the claim
concerned: (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
claims, as the case may be, were fully complied with by the applicant
by that date.
(c) Report.--On September 30, 2007, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims
or mill sites contained in a patent application as set forth in
subsection (b). The Bureau of Land Management shall have the sole
responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
Sec. 409. In addition to amounts otherwise provided in this Act,
$2,800,000 is provided to undertake the activities authorized in
section 3511 of Public Law 102-575, as amended, the Three Affiliated
Tribes and Standing Rock Sioux Tribe Equitable Compensation Act.
Sec. 410. No part of any appropriation contained in this Act shall
be expended or obligated to complete and issue the 5-year program under
the Forest and Rangeland Renewable Resources Planning Act.
Sec. 411. Amounts deposited during fiscal year 2006 in the roads
and trails fund provided for in the 14th paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C.
501), shall be used by the Secretary of Agriculture, without regard to
the State in which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or to carry
out and administer projects to improve forest health conditions, which
may include the repair or reconstruction of roads, bridges, and trails
on National Forest System lands in the wildland-community interface
where there is an abnormally high risk of fire. The projects shall
emphasize reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity, and
biological integrity. The projects may be completed in a subsequent
fiscal year. Funds shall not be expended under this section to replace
funds which would otherwise appropriately be expended from the timber
salvage sale fund. Nothing in this section shall be construed to exempt
any project from any environmental law.
Sec. 412. Other than in emergency situations, none of the funds in
this Act may be used to operate telephone answering machines during
core business hours unless such answering machines include an option
that enables callers to reach promptly an individual on-duty with the
agency being contacted.
Sec. 413. Prior to October 1, 2007, the Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A)
of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other
requirement of the Forest and Rangeland Renewable Resources Planning
Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the
Secretary is not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan and a
court of proper jurisdiction may order completion of the plan on an
accelerated basis.
Sec. 414. No timber sale in Region 10 shall be advertised if the
indicated rate is deficit when appraised using a residual value
approach that assigns domestic Alaska values for western redcedar.
Program accomplishments shall be based on volume sold. Should Region 10
sell, in the current fiscal year, the annual average portion of the
decadal allowable sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised using a
residual value approach that assigns domestic Alaska values for western
redcedar, all of the western redcedar timber from those sales which is
surplus to the needs of domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. Should Region 10 sell, in the current
fiscal year, less than the annual average portion of the decadal
allowable sale quantity called for in the Tongass Land Management Plan
in sales which are not deficit when appraised using a residual value
approach that assigns domestic Alaska values for western redcedar, the
volume of western redcedar timber available to domestic processors at
prevailing domestic prices in the contiguous 48 United States shall be
that volume: (1) which is surplus to the needs of domestic processors
in Alaska; and (2) is that percent of the surplus western redcedar
volume determined by calculating the ratio of the total timber volume
which has been sold on the Tongass to the annual average portion of the
decadal allowable sale quantity called for in the current Tongass Land
Management Plan. The percentage shall be calculated by Region 10 on a
rolling basis as each sale is sold (for purposes of this amendment, a
``rolling basis'' shall mean that the determination of how much western
redcedar is eligible for sale to various markets shall be made at the
time each sale is awarded). Western redcedar shall be deemed ``surplus
to the needs of domestic processors in Alaska'' when the timber sale
holder has presented to the Forest Service documentation of the
inability to sell western redcedar logs from a given sale to domestic
Alaska processors at a price equal to or greater than the log selling
value stated in the contract. All additional western redcedar volume
not sold to Alaska or contiguous 48 United States domestic processors
may be exported to foreign markets at the election of the timber sale
holder. All Alaska yellow cedar may be sold at prevailing export prices
at the election of the timber sale holder.
Sec. 415. 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. 416. 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. 417. In awarding a Federal contract with funds made available
by this Act, notwithstanding Federal Government procurement and
contracting laws, the Secretary of Agriculture and the Secretary of the
Interior (the ``Secretaries'') may, in evaluating bids and proposals,
give consideration to local contractors who are from, and who provide
employment and training for, dislocated and displaced workers in an
economically disadvantaged rural community, including those
historically timber-dependent areas that have been affected by reduced
timber harvesting on Federal lands and other forest-dependent rural
communities isolated from significant alternative employment
opportunities: Provided, That notwithstanding Federal Government
procurement and contracting laws the Secretaries may award contracts,
grants or cooperative agreements to local non-profit entities, Youth
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged
business: Provided further, That the contract, grant, or cooperative
agreement is for forest hazardous fuels reduction, watershed or water
quality monitoring or restoration, wildlife or fish population
monitoring, or habitat restoration or management: Provided further,
That the terms ``rural community'' and ``economically disadvantaged''
shall have the same meanings as in section 2374 of Public Law 101-624:
Provided further, That the Secretaries shall develop guidance to
implement this section: Provided further, That nothing in this section
shall be construed as relieving the Secretaries of any duty under
applicable procurement laws, except as provided in this section.
Sec. 418. (a) Notwithstanding any other provision of law and
hereinafter, after September 30, 2006, the Indian Health Service may
not disburse funds for the provision of health care services pursuant
to Public Law 93-638 (25 U.S.C. 450 et seq.) to any Alaska Native
village or Alaska Native village corporation that is located within the
area served by an Alaska Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into prior to
May 1, 2006, or to prohibit the renewal of any such agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes, Inc.
shall be treated as an Alaska Native regional health entity to which
funds may be disbursed under this section.
Sec. 419. 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. 420. (a) Limitation on Competitive Sourcing Studies.--
(1) Of the funds made available by this or any other Act to
the Department of the Interior for fiscal year 2007, not more
than $3,450,000 may be used by the Secretary of the Interior to
initiate or continue competitive sourcing studies in fiscal
year 2007 for programs, projects, and activities for which
funds are appropriated by this Act until such time as the
Secretary concerned submits a reprogramming proposal to the
Committees on Appropriations of the Senate and the House of
Representatives, and such proposal has been processed
consistent with the reprogramming guidelines included in the
report accompanying this Act.
(2) Of the funds appropriated by this Act, not more than
$2,500,000 may be used in fiscal year 2007 for competitive
sourcing studies and related activities by the Forest Service.
(b) Competitive Sourcing Study Defined.--In this section, the term
``competitive sourcing study'' means a study on subjecting work
performed by Federal Government employees or private contractors to
public-private competition or on converting the Federal Government
employees or the work performed by such employees to private contractor
performance under the Office of Management and Budget Circular A-76 or
any other administrative regulation, directive, or policy.
(c) Competitive Sourcing Exemption for Forest Service Studies
Conducted Prior to Fiscal Year 2006.--The Forest Service is hereby
exempted from implementing the Letter of Obligation and post-
competition accountability guidelines where a competitive sourcing
study involved 65 or fewer full-time equivalents, the performance
decision was made in favor of the agency provider, no net savings was
achieved by conducting the study, and the study was completed prior to
the date of this Act.
(d) In preparing any reports to the Committees on Appropriations on
competitive sourcing activities, agencies funded in this Act shall
include all costs attributable to conducting the competitive sourcing
competitions and staff work to prepare for competitions or to determine
the feasibility of starting competitions, including costs attributable
to paying outside consultants and contractors and, in accordance with
full cost accounting principles, all costs attributable to developing,
implementing, supporting, managing, monitoring, and reporting on
competitive sourcing, including personnel, consultant, travel, and
training costs associated with program management.
(e) In carrying out any competitive sourcing study involving Forest
Service employees, the Secretary of Agriculture shall--
(1) determine whether any of the employees concerned are
also qualified to participate in wildland fire management
activities; and
(2) take into consideration the effect that contracting
with a private sector source would have on the ability of the
Forest Service to effectively and efficiently fight and manage
wildfires.
Sec. 421. None of the funds in this Act or prior Acts making
appropriations for the Department of the Interior and Related Agencies
may be provided to the managing partners or their agents for the
SAFECOM or Disaster Management projects.
Sec. 422. (a) In General.--An entity that enters into a contract
with the United States to operate the National Recreation Reservation
Service shall not carry out any duties under the contract using:
(1) a contact center located outside the United States; or
(2) a reservation agent who does not live in the United
States.
(b) No Waiver.--The Secretary of Agriculture may not waive the
requirements of subsection (a).
(c) Telecommuting.--A reservation agent who is carrying out duties
under the contract described in subsection (a) may not telecommute from
a location outside the United States.
(d) Limitations.--Nothing in this Act shall be construed to apply
to any employee of the entity who is not a reservation agent carrying
out the duties under the contract described in subsection (a) or who
provides managerial or support services.
Sec. 423. Section 331 of the Department of the Interior and Related
Agencies Appropriations Act, 2000 (as enacted into law by section
1000(a)(3) of Public Law 106-113; 113 Stat. 1501A-196; 16 U.S.C. 497
note), as amended, is amended--
(1) in subsection (a) by striking ``2006'' and inserting
``2007''; and
(2) in subsection (b) by striking ``2006'' and inserting
``2007''.
Sec. 424. (a) In General.--
(1) The Secretary of Agriculture and the Secretary of the
Interior are authorized to make grants to the Eastern Nevada
Landscape Coalition for the study and restoration of rangeland
and other lands in Nevada's Great Basin in order to help ensure
the reduction of hazardous fuels and for related purposes.
(2) Notwithstanding 31 U.S.C. 6301-6308, the Director of
the Bureau of Land Management may enter into a cooperative
agreement with the Eastern Nevada Landscape Coalition for the
Great Basin Restoration Project, including hazardous fuels and
mechanical treatments and related work.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Sec. 425. Land Provisions--Gallatin National Forest, Montana. (a)
Consolidation of Accounts.--The Special Account referenced in section
4(c)(2) of the Gallatin Land Consolidation Act of 1998, Public Law 105-
267, is terminated and remaining monies in said Special Account shall
be transferred to the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'', 16 U.S.C. 484a) to remain
available until expended, for the acquisition of lands for National
Forest System purposes in the State of Montana. Funds deposited in the
Sisk Act fund shall not be subject to transfer or reprogramming for
wildland fire management or any other emergency purposes.
(b) Land Conveyances Within the Gallatin National Forest.--Section
333 of Public Law 108-108 (117 Stat. 1309) is amended as follows:
(1) Subsection (b) is repealed.
(2) In subsection (c), paragraph (1), delete subparagraphs
(A) through (E) and substitute the following:
``(A) SMC East Boulder Mine Portal Tract--Principal
Meridian, Montana, unsurveyed T.4 S., R.13 E.: Section
2, S\1/2\ less portions of Tracts A and B of HES 858;
Section 3, SE\1/4\ and S\1/2\NE\1/4\ less HES 260;
Section 10, NE\1/4\NE\1/4\, and Section 11, N\1/2\ less
portion of Tract B of HES 858 and N\1/2\S\1/2\;
containing 1,028 acres, more or less.
``(B) Forest Service West Yellowstone
Administrative Site: United States Forest Service
Administrative Site located within the NE\1/4\ of Block
17 of the Townsite of West Yellowstone which is
situated in the N\1/2\ of Section 34, T.13 S., R.5 E.,
Principal Meridian, Gallatin County, Montana,
containing 1.03 acres, more or less.
``(C) Mill Fork Mission Creek Tract--Principal
Meridian, Montana T.3 S., R.11 E.: Section 4, Lots 3
through 4 and W\1/2\SE\1/4\NW\1/4\, containing 76.27
acres, more or less.
``(D) West Yellowstone Expansion Lands--Principal
Meridian, Montana, T.13 S., R.5 E.: Section 33, E\1/
2\E\1/2\, containing 160 acres, more or less.
``(E) West Yellowstone Expansion Lands--Principal
Meridian, Montana, T.13 S., R.5 E.: Section 34, Lot 4,
NW\1/4\SW\1/4\ and S\1/2\SW\1/4\, containing 166.67
acres, more or less.
``(F) West Yellowstone Expansion Lands--Principal
Meridian, Montana, T.13 S., R.5 E.: Section 28, S\1/2\,
containing 320 acres, more or less.''.
(3) In subsection (c), paragraph (9), delete the words
``Special Account'' and substitute, ``fund established under
Public Law 90-171 (commonly known as the `Sisk Act', 16 U.S.C.
484a), to remain available until expended, for the acquisition
of lands for National Forest purposes in the State of Montana.
Funds deposited in the Sisk Act fund shall not be subject to
transfer or reprogramming for wildland fire management or any
other emergency purposes''.
(4) In subsection (c), add a new paragraph (10):
``(10) West Yellowstone Growth Policy.--Any lands
referenced in subsection (c)(1), which are conveyed to the Town
of West Yellowstone, Montana, shall be subject to the Growth
Policy prescribed under Montana law, as may be amended from
time to time (M.C.A. Sec. Sec. 76-1-601, et seq.).''.
Sec. 426. Section 322 of the Department of the Interior and Related
Agencies Appropriations Act, 1993 (16 U.S.C. 1612 note; Public Law 102-
381) is amended--
(1) in subsection (e), by inserting ``a Regional Forester
or'' before ``the Chief of the Forest Service''; and
(2) by adding at the end the following:
``(f) Categorical Exclusions.--Any proposed action described in
subsection (a) that is categorically excluded from documentation in an
environmental assessment or environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
shall not be subject to the requirements of this section.''.
Sec. 427. (a) Subject to valid existing rights, all Federal lands
and interests in lands within the Rocky Mountain Front, are hereby
withdrawn from all forms of location, entry, and patent under the
mining laws; and from disposition under all laws relating to mineral
and geothermal leasing, and all amendments thereto.
(b) This withdrawal may be revoked by an Act of Congress in the
event of a clear and present national emergency resulting from a
shortage of oil and gas reserves. Any such action shall be weighed
against the overall public values of the public lands involved,
including any adverse environmental impacts which are likely to result.
(c) For purposes of this provision the Federal lands within the
Rocky Mountain Front are defined as follows and as depicted on the map
entitled ``Rocky Mountain Front Mineral Withdrawal Area'' on file with
the Office of the Chief of the Forest Service:
(1) All United States Forest Service lands located in the
Rocky Mountain Division of the Lewis and Clark National Forest.
This includes all of the Forest Service system lands (totaling
356,111 acres) made unavailable for leasing by the August 28,
1997 Record of Decision for the ``Lewis and Clark National
Forest Oil and Gas Leasing Environmental Impact Statement.''
These lands are located between Township 31 North to Township
16 North and Range 13 West to Range 7 West.
(2) All United States Forest Service lands that lie within
the Badger Two Medicine area of the Flathead National Forest.
This includes:
T29N, R15W Sect. 23-26, 31-36
T29N, R14W Sect. 10-16, 21, 22, 24, 25, 35, 36
T29N, R13W Sect. 6-9, 16-23, 25-36
T28N, R14W Sect. 1, 2, 3, 10-15
T28N, R13W Sect. 2-11, 14-18, 20-23.
(3) All Bureau of Land Management lands and/or federally
owned minerals contiguous to Forest Service lands in the Rocky
Mountain Division of the Lewis and Clark National Forest
located in Range 8 West or Range 7 West between Township 28
North and Township 18 North. These include all Bureau of Land
Management lands and/or Federal minerals further described as
follows:
T27N, R9W, Sect. 23, 26, 35
T26N, R8W, Sect. 18, 29, 30, 31, 32
T25N, R8W, Sect. 4, 5, 6, 7, 8, 17, 18, 19, 20, 30,
31
T24N, R8W, Sect. 18, 19, 30, 31, 32
T23N, R8W, Sect. 5, 6, 7, 8, 17, 18, 19, 20, 30, 31
T22N, R8W, Sect. 6, 7, 18, 19, 30, 31
T20N, R8W, Sect. 5, 6
T19N, R8W, Sect. 30, 32
T18N, R7W, Sect. 30, 32.
Sec. 428. (a) Authorization.--To offset Federal acquisition of the
Elkhorn Ranch in Medora, North Dakota, the Secretary of Agriculture
(``Secretary'') shall sell, during fiscal years 2006 through 2009,
those National Forest System lands in Billings County, North Dakota,
depicted on a map entitled ``Dakota Prairie National Grassland Land
Sales--February, 2006'' (hereafter ``Map''), which map shall be on file
and available for public inspection in the Office of the Chief, Forest
Service, Washington, DC, and the Supervisor, Dakota Prairie National
Grasslands, Bismarck, North Dakota.
(b) Land Sales.--
(1) The Secretary may prescribe reservations, terms, and
conditions of sale, and may configure the descriptions of the
lands subject to sale in order to enhance marketability or for
management purposes;
(2) Land shall be sold for cash in an amount no less than
market value as determined by appraisal or competitive sale;
(3) The Secretary may reject any offer made under this
section if the Secretary determines, in his absolute
discretion, that the offer is not adequate or not in the public
interest;
(4) Under such terms, conditions, and procedures as the
Secretary may prescribe, any base property landowner holding a
current permit to graze any land authorized for sale under this
section shall have a non-assignable first right to buy the
land, provided the right is exercised within six months of an
offer from the Secretary; and
(5) The Secretary may utilize brokers or other third
parties in the sale of land and, from the proceeds of the sale,
may pay reasonable commissions or fees for services rendered.
(c) Receipts.--From receipts from the sale of lands authorized by
this section, the Secretary shall first cover direct expenses incurred
in sale, and any remaining receipts shall be deposited into the fund
established by the Act of December 4, 1967, commonly known as the Sisk
Act (16 U.S.C. Sec. 484a), to be available until expended, for
acquisitions of National Forest System lands in North Dakota with
priority given to lands for which funds have heretofore been
appropriated for purchase.
(d) Land Transfers.--
(1) It is the intent of Congress that the acreage acquired
into Federal ownership as a result of the acquisition of
Elkhorn Ranch shall be offset by the sale or transfer of an
equal amount of Federal land.
(2) If, as of October 1, 2009, the Secretary has not sold
at least 5,150 acres after the acquisition of Elkhorn Ranch,
then at the request of and in consultation with the State of
North Dakota, the Secretary shall select available parcels
identified on the Map in a quantity necessary to equal the
difference between 5,150 acres and the number of acres sold
pursuant to the authority of this section and convey such
selected lands to the State pursuant to section 32 of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011).
(e) Limitations.--
(1) In the sale or conveyance of any land authorized by
this section, the Secretary shall not be required to conduct
additional environmental analysis, and no sale, offer to sell,
or conveyance shall be subject to administrative appeal.
(2) The requirement of this section for offset of the
amount of lands acquired and the amount of lands sold or
conveyed shall apply only to the Elkhorn Ranch acquisition and
does not apply to any other Federal land acquisitions
authorized by law.
Sec. 429. Beginning in fiscal year 2007 and thereafter, the Forest
Service shall not change the eligibility requirements for base property
and livestock ownership for grazing permits on the Dakota Prairie
Grasslands that were in effect as of July 18, 2005.
Sec. 430. None of the funds made available in this Act may be used
to study or enter into a contract with a private party to carry out,
without specific authorization in a subsequent Act of Congress, a
competitive sourcing activity of the Secretary of Agriculture or the
Secretary of the Interior, including support personnel of the
Department of Agriculture and the Department of the Interior, relating
to wildfire management or wildfire suppression programs.
Sec. 431. Section 337(a) of the Department of the Interior and
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118
Stat. 3012) is amended by striking ``September 30, 2006'' and inserting
``September 30, 2008''.
Sec. 432. The Secretary of Agriculture shall (1) complete the final
environmental impact statement for the Kings River Demonstration
Project on the Sierra National Forest no later than September 1, 2006,
(2) adopt the Record of Decision for the Project no later than November
30, 2006, and (3) render the final disposition on any administrative
appeals on the Project no later than February 28, 2007.
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2007''.

Calendar No. 507

109th CONGRESS

2d Session

H.R. 5386

[Report No. 109-275]

_______________________________________________________________________

AN ACT

Making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending June 30, 2007, and for
other purposes.

_______________________________________________________________________

May 19, 2006

Received; read twice and referred to the Committee on Appropriations

June 29, 2006

Reported with an amendment