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FY 2006 Appropriation Documents

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Federal Budget Process

Documentation


National Park Service FY 2006 AppropriationsPresident’s Budget Estimate (FY2007)

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APPENDIX

BUDGET OF THE UNITED STATES GOVERNMENT

Fiscal Year 2007


National Park Service FY 2006 AppropriationsHouse of Representatives Report 109- 80, May 13, 2005

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109TH CONGRESSReport

HOUSE OF REPRESENTATIVES

1st Session

109-80

DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATION BILL, 2006

MAY 13, 2005- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. TAYLOR of North Carolina, from the Committee on Appropriations, submitted the following

R E P O R Ttogether with

ADDITIONAL VIEWS

[To accompany H.R. 2361]

The Committee on Appropriations submits the following report in explanation of the

accompanying bill making appropriations for the Department of the Interior,

Environmental Protection Agency, and Related Agencies for the fiscal year ending

September 30, 2006. The bill provides regular annual appropriations for the Department

of the Interior (except the Bureau of Reclamation), the Environmental Protection Agency,

and for other related agencies, including the Forest Service, the Indian Health Service, the

Smithsonian Institution, and the National Foundation on the Arts and the Humanities.

* * * * * * * * * * * * * * * * Portions omitted at this point.* * * * * * * * * * * * * * * *

COMPARISON WITH BUDGET RESOLUTION


National Park Service FY 2006 AppropriationsHouse of Representatives Report 109-80, May 13, 2005

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Section 308(a)(1)(A) of the Congressional Budget and Impoundment Control Act of 1974 (Public Law 93-344), as amended, requires that the report accompanying a bill providing new budget authority contain a Statement detailing how the authority compares with the reports submitted under section 302 of the Act for the most recently agreed to concurrent resolution on the budget for the fiscal year. This information follows:

[In millions of dollars]----------------------------------------------------------------- Sec. 302(b) This bill-- Discretionary Mandatory Discretionary Mandatory -----------------------------------------------------------------Budget authority 26,107 54 26,107 54 Outlays 27,500 60 27,496 60 -----------------------------------------------------------------

SUMMARY OF THE BILL

The Committee has conducted hearings on the programs and projects provided for in the Interior, Environment, and Related Agencies Appropriations bill for 2006. The hearings are contained in 9 published volumes totaling nearly 10,000 pages.

During the course of the hearings, testimony was taken at 10 hearings on 8 days, not only from agencies which come under the jurisdiction of the Interior Subcommittee, but also, in written form, from Members of Congress, State and local government officials, and private citizens.

The bill that is recommended for fiscal year 2006 has been developed after careful consideration of all the facts and details available to the Committee.

BUDGET AUTHORITY RECOMMENDED IN BILL BY TITLE-----------------------------------------------------------------------Activity Budget estimates, fiscal year 2006 Committee bill, fiscal year 2006 Committee bill compared with budget estimates -----------------------------------------------------------------------Title I, Department of the Interior: New Budget (obligational) authority $9,792,069,000 $9,808,693,000 +$16,624,000 Title II, Environmental Protection Agency: New Budget (obligational) authority 7,520,600,000 7,708,027,000 +187,427,000 Title III, related agencies: New Budget (obligational) authority 8,411,659,000 8,642,405,000 +230,746,000 Grand total, New Budget (obligational) authority 25,724,328,000 26,159,125,000 +434,797,000 -----------------------------------------------------------------------



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TOTAL APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR, ENVIRONMENTAL PROTECTION AGENCY, AND RELATED AGENCIES

In addition to the amounts in the accompanying bill, which are reflected in the table above, permanent legislation authorizes the continuation of certain government activities without consideration by the Congress during the annual appropriations process.

Details of these activities are listed in tables at the end of this report. In fiscal year 2005, these activities are estimated to total $3,568,891,000. The estimate for fiscal year 2006 is $3,658,910,000.

The following table reflects the total budget (obligational) authority contained both in this bill and in permanent appropriations for fiscal years 2005 and 2006.

DEPARTMENT OF THE INTERIOR, ENVIRONMENTAL PROTECTION AGENCY, AND RELATED AGENCIES TOTAL BUDGET AUTHORITY FOR FISCAL YEARS 2005-2006----------------------------------------------------------------------Item Fiscal year 2005 Fiscal year 2006 Change -----------------------------------------------------------------------Interior, Environment, and related agencies appropriations bill $26,982,234,000 $26,159,125,000 -$823,109,000 Permanent appropriations, Federal funds 2,985,066,000 3,047,966,000 +62,900,000 Permanent appropriations, trust funds 583,825,000 610,944,000 +27,119,000 Total budget authority 30,551,125,000 29,818,035,000 -733,090,000 -----------------------------------------------------------------------

REVENUE GENERATED BY AGENCIES IN BILL

The following tabulation indicates total new obligational authority to date for fiscal years 2004 and 2005, and the amount recommended in the bill for fiscal year 2006. It compares receipts generated by activities in this bill on an actual basis for fiscal year 2004 and on an estimated basis for fiscal years 2005 and 2006. The programs in this bill are estimated to generate $13.9 billion in revenues for the Federal Government in fiscal year 2006. Therefore, the expenditures in this bill will contribute to economic stability rather than inflation.

-----------------------------------------------------------------------Item Fiscal year-- 2004 2005 2006 -----------------------------------------------------------------------



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New obligational authority $27,316,209,000 $26,982,234,000 $26,159,125,000 Receipts: Department of the Interior 9,643,359,000 12,497,212,000 13,418,547,000 Forest Service 445,533,000 439,106,000 447,050,000 Total receipts 10,088,892,000 12,936,318,000 13,865,597,000 -----------------------------------------------------------------------

APPLICATION OF GENERAL REDUCTIONS

The level at which sequestration reductions shall be taken pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985, if such reductions are required in fiscal year 2006, is defined by the Committee as follows:

As provided for by section 256(1)(2) of Public Law 99-177, as amended, and for the purpose of a Presidential Order issued pursuant to section 254 of said Act, the term `program, project, and activity' for items under the jurisdiction of the Appropriations Subcommittees on the Department of the Interior, Environmental Protection Agency, and Related Agencies of the House of Representatives and the Senate is defined as (1) any item specifically identified in tables or written material set forth in the Interior, Environment, and Related Agencies Appropriations Act, or accompanying committee reports or the conference report and accompanying joint explanatory statement of the managers of the committee of conference; (2) any Government-owned or Government-operated facility; and (3) management units, such as National parks, National forests, National fish hatcheries, National wildlife refuges, research units, regional, State and other administrative units and the like, for which funds are provided in fiscal year 2006.

The Committee emphasizes that any item for which a specific dollar amount is mentioned in any accompanying report, including all increases over the budget estimate approved by the Committee, shall be subject to a percentage reduction no greater or less than the percentage reduction applied to all domestic discretionary accounts.


NATIONAL PARK SERVICEThe mission of the National Park Service is to preserve unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations. The National Park Service cooperates with partners to extend the benefits of natural and cultural resource conservation and outdoor recreation throughout this country and the world.



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The National Park Service, established in 1916, has stewardship responsibilities for the protection and preservation of the heritage resources of the national park system. The system, consisting of 388 separate and distinct units, is recognized globally as a leader in park management and resource preservation. The national park system represents much of the finest the Nation has to offer in terms of scenery, historical and archeological relics, and cultural heritage. Through its varied sites, the National Park Service attempts to explain America's history, interpret its culture, preserve examples of its natural ecosystems, and provide recreational and educational opportunities for U.S. citizens and visitors from all over the world. In addition, the National Park Service provides support to tribal, local, and State governments to preserve culturally significant, ecologically important, and public recreational lands.

OPERATION OF THE NATIONAL PARK SYSTEM

--------------------------------------------------------------------------------------Appropriation enacted, 2005 $1,683,564,000Budget estimate, 2006 1,734,053,000Recommended, 2006 1,754,199,000

Comparison:Appropriation, 2005 +70,635,000Budget estimate, 2006 +20,146,000

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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:

Insert graphic folio 08 20754A.008

The Committee recommends $1,754,199,000 for operation of the National Park System, an increase of $70,635,000 above the enacted level and $20,146,000 above the budget request. The Committee has redirected funds to provide for a $30,000,000 base increase for the parks. This is in addition to the budget request which provides for pay and uncontrollable expenses. These funds are to be distributed proportionately to all park units and to remain in park base budgets.

Resource Stewardship.--The Committee recommends $354,116,000 for resources stewardship, the same as the budget request and $6,080,000 above the enacted level.

Included in this amount are increases above the enacted level of $4,931,000 for natural resources challenge vital signs. The Committee accepts the following reductions in the budget: $648,000 for fleet management reform, and $3,931,000 for the Natural Resource Preservation Program. Also included is $5,728,000 for uncontrollable expenses.



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Visitor Services.--The Committee recommends $346,181,000 for visitor services, the same as the budget request and $7,727,000 above the enacted level. Included in this amount is an increase above the enacted level of $119,000 for fee metrics/data analysis. The Committee accepts the following reductions in the budget: $129,000 for fleet management reform, and $986,000 for the Presidential Inaugural activities. Also included is $8,723,000 for uncontrollable expenses.

Maintenance.--The Committee recommends $594,686,000 for maintenance, a reduction of $900,000 below the budget request and $11,947,000 above the enacted level. Included in this amount is an increase of $2,500,000 for repair and rehabilitation of historic structures. The Committee accepts a reduction of $388,000 for fleet management reform. Also included is $9,835,000 for uncontrollable expenses. Within the total amount provided for repair and rehabilitation, there is $80,000 for campground rehabilitation at Ozark National Scenic Riverways, $200,000 for historic landscaping at Gettysburg NMP, $200,000 for Alice Ferguson (Wareham Lodge), $497,000 for Indiana Dunes NL (West Beach), $206,000 for Indiana Dunes NL (Dunbar Beach), $300,000 for Death Valley NP (Cow Creek), $140,000 for San Juan NHS sewer repairs, and $243,000 for El Morro restrooms.

Park Support.--The Committee recommends $298,659,000 for park support, a reduction of $8,594,000 from the budget request, and $8,259,000 above the enacted level. Included in this amount are increases of $400,000 for Jamestown 2007, $578,000 for IT intrusion detection, $525,000 to establish an IT test lab, $750,000 for an IT security plan review, $500,000 for IT upgrade equipment, $1,725,000 for an IT active directory and $1,235,000 for the enterprise services network. The Committee accepts the following reductions in the budget: $129,000 for fleet management reform, $1,416,000 for management efficiencies, $644,000 for IT certification and accreditation, $87,000 for E-Government initiatives, $247,000 for wild and Scenic Rivers and $2,427,000 for Lewis and Clark challenge cost share. Also included is $7,496,000 for uncontrollable expenses. The Committee expects the Service to continue to allocate one-third of the funds provided for the challenge cost share program to the National Trails System.

The Committee has been unable to provide funds for the cooperative conservation challenge cost share program because of fiscal constraints. However, the Committee remains supportive of the concept and has provided funds to continue the traditional agency challenge cost share program and has no objection to broadening the scope of the ongoing program to encompass resource protection activities.

External Administrative Costs.--The Committee recommends $130,557,000 for external administrative costs, the same as the budget request and $6,622,000 above the enacted level. The Committee accepts the reduction of $1,337,000 for central office consolidation (GSA space rental). Also included is $7,959,000 for uncontrollable expenses.



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South Florida Initiative.--The Committee continues its support for the restoration of the Everglades and the protection and preservation of the national parks and national wildlife refuges located in the region. Since this initiative began, the Committee has provided over $1 billion in funding to the Department of the Interior and its bureaus for restoration projects and activities. Restoration programs funded by the Committee include land acquisition for Federal and State areas, water quality improvements, science, the South Florida Ecosystem Restoration Task Force, Modified Water Deliveries, and the Department's participation in implementing the Comprehensive Everglades Restoration Plan. The Committee recognizes that although progress has been made in the last decade, challenges remain. These challenges must be addressed to ensure that the Everglades is preserved and restored and that the Federal investment in the Everglades is protected. To this end, it is imperative that overall Everglades restoration goals, as established by the South Florida Ecosystem Restoration Task Force, as well as individual project restoration goals, be achieved.

The Committee remains deeply concerned over efforts to improve water quality. Without clean water, the Everglades will be irretrievably altered and its unique habitat will be degraded. This will further frustrate Everglades restoration efforts now underway. The Committee remains troubled that the State of Florida is not fully achieving its obligations under the 1992 Consent Decree entered in United States v. South Florida Water Management District. The Committee understands that the interim levels for total phosphorus concentration at A.R.M. Loxahatchee National Wildlife Refuge, which remain in effect until more protective and stringent levels are required at the beginning of 2007, were exceeded in 2002 and again in 2004. This trend is troubling. The Committee understands that the U.S. District Court, which retains jurisdiction over the Consent Decree, is considering whether exceeding these interim levels should be deemed a violation of the Consent Decree. Notwithstanding the outcome of the court proceedings, the Committee directs the U.S. Fish and Wildlife Service to keep the Committee fully apprised of its effort to establish additional water quality monitoring and modeling at A.R.M. Loxahatchee National Wildlife Refuge. The Committee directs that the U.S. Fish and Wildlife Service provide the Committee with the refuge's annual and quarterly reports summarizing the implementation of the additional monitoring and modeling at the refuge. Additionally, the Committee expects that the annual report required by P.L. 108-108 and prepared jointly by the Departments of the Interior, Justice, and Army and the Environmental Protection Agency summarizing the status of the water entering A.R.M. Loxahatchee National Wildlife Refuge and Everglades National Park will be submitted expeditiously and on-time in the future as the report is long over-due. In the interim, the Committee expects that the Department will continue its work with its State and Federal partners to ensure that discharges to A.R.M. Loxahatchee National Wildlife Refuge and Everglades National Park achieve the levels and limits specified in the Consent Decree and do not cause adverse impact to these important Federal resources.



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The Committee is also concerned that the Everglades restoration program may not be proceeding in a manner that guarantees the achievement of the primary Federal interest, the restoration of the Everglades. The strong intergovernmental partnership that is necessary for restoration success is not apparent. Although the Committee appreciates the State of Florida's announcement of its Acceler8 program and its intention to provide up-front funding to implement a number of Comprehensive Everglades Restoration Plan projects within the next five years, the Committee has heard concerns expressed by some stakeholders that the Acceler8 program was developed without adequate collaboration and that the projects being implemented are largely water storage projects and do not provide the anticipated natural system benefits. Given these concerns, the Committee directs the Secretary of the Interior, in consultation with the Secretary of the Army, to submit a report by December 31, 2005 on the status of the Everglades restoration projects now underway. The report should summarize the status of the projects, the anticipated environmental benefits of each project, and whether the projects being implemented by the State and the Army Corps together provide for natural system restoration. To the extent that changes in the sequencing of projects are necessary to achieve natural system restoration, the Committee directs that the report recommend such changes.

Additionally, the Committee has heard concerns expressed by some stakeholders that some non-Federal lands may need to be acquired to fully achieve natural system restoration. In response to questions posed by the Committee, the Department agrees that this is a valid concern. Given that the South Florida Ecosystem Restoration Task Force has developed a land acquisition strategy that identifies the lands that remain to be acquired, as well as tools that may be available to assist in the acquisition of these lands, the Committee directs the Secretary of the Interior, as Chair of the South Florida Ecosystem Restoration Task Force (Task Force), to provide a more detailed report to the Committee from the Task Force identifying and prioritizing for acquisition the lands that are necessary to achieve natural system restoration goals. The report should identify funding strategies involving innovative partnerships, as well as timeframes, as to when the necessary lands will be acquired so that they will be available for restoration purposes. The Committee directs that the Secretary of the Interior submit the Task Force report no later than December 31, 2005.

The Committee is pleased with the improvements in coordination that the Department has made to its science programs supporting Everglades restoration activities. The Department's Science Plan provides a road-map to ensure that the science that is being conducted supports the needs of the land managing agencies and the decisions that will affect Interior-managed resources. Similar to last year, the Committee directs that the Department submit a report by December 31, 2005 describing the scientific research projects to be funded in the National Park Service and the U.S. Geological Survey with the fiscal year 2006 appropriations. The report should provide details for each research project, including how each research project is consistent with the Department's Science



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Plan, as well as how the project is filling gaps in scientific information and supporting the decisions that need to be made.

National Park Foundation.--Last year, the Committee directed the National Park Service to work cooperatively with the National Park Foundation to implement fully the GAO recommendations regarding improving communications, documentation and strategic focus of activities. These recommendations also addressed ways to strengthen the Proud Partner program that would ensure transparency and accountability. The Committee appreciates the level of cooperation by both the Service and the new leadership of the National Park Foundation. The National Park Service Director has assured the Committee all GAO recommendations have been implemented and that the Service will have full access to the details of all future and renewal Proud Partners agreements and will be a signatory to those agreements.

The Service is reminded that existing agency policies, as well as sound financial management practices, require that all fundraising that benefits the National Park Service, including activities of the Foundation, require written agreements and approved fundraising plans.

Other.--The Committee continues to support the decision by Ozark National Scenic Riverways to retain the carpentry and maintenance positions at the park. The Committee recognizes the urgent needs at ONSR for these skilled personnel. The Committee expects that these positions will be retained.

The Committee understands that the Service is working closely with the Town of Blowing Rock, North Carolina to resolve permanently, through administrative means or, if necessary, a land exchange, the long standing issue of the access to water as part of the town's municipal water supply. The Committee expects the Service to allow the town of Blowing Rock to continue its water usage while moving forward with the needed steps to provide a permanent remedy, including facilitating and funding the necessary compliance effort. The Committee requests a status report no later than March 1, 2006.

The Committee expects the Service to provide the same level of funding as provided in fiscal year 2005 for the Johnstown Area Heritage Association Museum, as well as the Ice Age National Scientific Reserve, and continue this funding in the operations account in future years.

The Committee strongly encourages the National Park Service to complete the management plan for the Cedar Creek and Belle Grove National Historical Park no later than September 1, 2007.

Bill language is included under this account specifying how the additional park base increase should be allocated.



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UNITED STATES PARK POLICE

--------------------------------------------------------------------------------Appropriation enacted, 2005 $80,076,000Budget estimate, 2006 80,411,000Recommended, 2006 82,411,000

Comparison:Appropriation, 2005 +2,335,000Budget estimate, 2006 +2,000,000

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The Committee recommends $82,411,000 for the U.S. Park Police, an increase of $2,000,000 above the budget request and $2,335,000 above the enacted level. Increases from the enacted level are for uncontrollable expenses and for new recruit classes. Decreases from the enacted level totaling $986,000 are for Inauguration activities.

The Committee directs the U.S. Park Police to submit a final report no later than January 15, 2006, detailing how it has implemented each recommendation in the original National Academy of Public Administration (NAPA) report. If certain recommendations have not been agreed to, a full explanation is required. This process has taken nearly four years and three NAPA studies to complete. The Committee expects final resolution by the above mentioned date.

NATIONAL RECREATION AND PRESERVATION

The National recreation and preservation appropriation provides for outdoor recreation planning, preservation of cultural and National heritage resources, technical assistance to Federal, State and local agencies, and administration of Historic Preservation Fund grants.

----------------------------------------Appropriation enacted, 2005 $60,973,000Budget estimate, 2006 36,777,000Recommended, 2006 48,997,000

Comparison:Appropriation, 2005 -11,976,000Budget estimate, 2006 +12,220,000

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The Committee recommends $48,997,000 for national recreation and preservation, an increase of $12,220,000 above the budget request and a reduction of $11,976,000 below the enacted level. The Committee has agreed with the budget request and has eliminated the Statutory or Contractual Aid category. Critical elements of this account have been moved to the operations account.



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The amounts recommended by the Committee compared with the budget estimate by activity are shown in the following table:

Recreation Programs.--The Committee recommends $554,000 for recreation programs, the same as the budget request and an increase of $11,000 above the enacted level. The increase is for uncontrollable expenses.

Natural Programs.--The Committee recommends $9,545,000 for natural programs, the same as the budget request and a decrease of $1,320,000 below the enacted level. Programmatic decreases include $512,000 for rivers and trails studies, $500,000 for rivers, trails, and conservation assistance and $495,000 for national natural landmarks. An increase of $187,000 is for uncontrollable expenses.

Cultural Programs.--The Committee recommends $19,953,000 for cultural programs, an increase of $2,231,000 above the budget request and $200,000 below the enacted level. The programmatic increase includes the restoration of $1,931,000 for the National Center for Preservation Technology and Training in Louisiana. The Committee strongly urges the Service to continue to provide funding for this purpose in future budget submissions.

In addition, $300,000 is provided to produce a digitization design plan for a long range project to digitize archival records consisting of over 80,000 listings of buildings, districts, sites, structures, and objects in the National Register of Historic Places. In designing this plan, the Service should be creative in working with entities such as the Library of Congress both for technical assistance and to avoid duplication of systems. While the Committee understands the critical need and importance of this project, the Service must prioritize its needs in future budget requests.

Decreases to cultural programs include $99,000 for Gettysburg, $100,000 for Creole Heritage Center, and $296,000 for underground railroad grants. An increase of $215,000 is provided for uncontrollable expenses. Within available funds, the Service is directed to initiate planning authorized in the American Revolution Commemoration Act. The Service is strongly encouraged to provide funds in the fiscal year 2007 budget for this activity.

International Park Affairs- The Committee recommends $1,618,000 for international park affairs, the same as the budget request and $25,000 above the enacted level. This increase is for uncontrollable expenses.

Environmental and Compliance Review- The Committee recommends $399,000 for environmental and compliance review, the same as the budget request and $8,000 above the enacted level. This increase is for uncontrollable expenses.



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Grant Administration- The Committee recommends $1,913,000 for grant administration, the same as the budget request and $47,000 above the enacted level. his increase is for uncontrollable expenses.

The Committee has not provided funds for the Chesapeake Bay Gateways and Water Trail initiative. Since fiscal year 2000, this Committee has provided $9,500,000 for this effort. A routine oversight program review conducted by the House Appropriations Committee's Surveys and Investigation staff uncovered several problems. The report indicates that there is a deficiency of responsible program management including, but not limited to, a lack of scrutiny of the matching fund requirements, use of grant funds to subsidize operations at grant sites, and an inappropriate use of grant funds with third party non-profit organizations. The review concluded that in addition to poor management, there was clearly too much funding chasing too few eligible projects.



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Heritage Partnership Program- The Committee recommends $15,015,000 for heritage partnerships, an increase of $9,989,000 above the budget request and $436,000 above the enacted level. The Committee recommends the following distribution of funds:

Project AmountAmerica's Agricultural Heritage Partnership (Silos & Smokestacks) $750,000Augusta Canal National Heritage Area 400,000Automobile National Heritage Area 500,000Blue Ridge National Heritage Area 900,000Cane River National Heritage Area 900,000Delaware and Lehigh National Heritage Corridor 800,000Erie Canalway National Corridor 700,000Essex National Heritage Area 900,000Hudson River Valley National Heritage Area 500,000John H. Chafee Blackstone River Valley National Heritage Corridor 845,000Lackawanna Valley National Heritage Area 650,000Mississippi Gulf National Heritage Area 175,000National Aviation Heritage Area 200,000National Coal Heritage Area 123,000Ohio and Erie Canal National Heritage Corridor 900,000Oil Region National Heritage Area 200,000Quinnebaug and Shetucket Rivers Valley National Heritage Corridor 850,000Rivers of Steel National Heritage Area 900,000Schuylkill River Valley National Heritage Area 500,000Shenandoah Valley Battlefields National Historic District 500,000South Carolina National Heritage Corridor 900,000Tennessee Civil War Heritage Area 500,000Wheeling National Heritage Area 900,000Yuma Crossing National Heritage Area 400,000Subtotal, Projects 14,893,000Administration 122,000Total $15,015,000



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HISTORIC PRESERVATION FUND

The Historic Preservation Fund supports the State historic preservation offices to perform a variety of functions, including State management and administration of existing grant obligations; review and advice on Federal projects and actions, determinations, and nominations to the National Register; Tax Act certifications; and technical preservation services. The States also review properties to develop data for planning use.

--------------------------------------------------------------------------------Appropriation enacted, 2005 $71,739,000Budget estimate, 2006 66,205,000Recommended, 2006 72,705,000

Comparison:Appropriation, 2005 +966,000Budget estimate, 2006 +6,500,000

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The amounts recommended by the Committee compared with the budget estimates by activity are shown in the following table:

Insert graphic folio 011 20754A.011

The Committee recommends $72,705,000 for historic preservation fund programs, an increase of $6,500,000 above the budget request and $966,000 above the enacted level.

The Committee recommendation provides $36,000,000 for State historic preservation offices, $3,205,000 for tribal grants, $30,000,000 for Save America's Treasure grants, and $3,500,000 for Historically Black Colleges and Universities (HBCU). The HBCU program is a competitive program administered by the Service. The cost share on this program is 70 percent Federal and, 30 percent private. In addition, there are HBCU unexpended balances of $6,300,000 that have been available since 2000. Because of budget constraints, the Committee has not agreed to fund a new Preserve America initiative.

CONSTRUCTION

----------------------------------------------------------------------------------Appropriation enacted, 2005 $352,982,000Budget estimate, 2006 307,362,000Recommended, 2006 291,230,000

Comparison:



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Appropriation, 2005 -61,752,000Budget estimate, 2006 -16,132,000

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The Committee recommends $291,230,000 for construction, a decrease of $16,132,000 below the budget request and $61,752,000 below the enacted level.

The Committee recommends the following distribution of funds:

Project AmountAmistad National Recreation Area, TX $1,003,000Big Bend National Park, TX (curatorial) 2,100,000Blue Ridge Parkway, NC 804,000Blue Ridge Parkway, NC (visitor center) 3,500,000Chaco Culture National Historical Park, NM 4,238,000Chesapeake and Ohio Canal National Historical Park, DC/MD/WV 1,847,000Cumberland Island National Seashore, GA (Plum Orchard) 3,247,000Cuyahoga Valley National Park, OH (rehabilitation) 2,500,000Dayton Aviation Heritage National Historical Park, OH (Wright Dunbar Plaza) 450,000

Death Valley National Park, CA 5,791,000Delaware Water Gap National Recreation Area, PA (cabins) 700,000Delaware Water Gap National Recreation Area, NJ 2,871,000Everglades National Park, FL 25,000,000Fire Island National Seashore, NY 764,000George Washington Memorial Parkway, VA (Arlington House) 1,251,000George Washington Memorial Parkway, VA (maintenance) 400,000Glacier National Park, MT 758,000Grand Portage National Monument, MN 4,000,000Grand Teton National Park, WY 1,673,000Gulf Islands National Seashore, FL/MS 971,000Homestead National Historic Site, NE (visitor center) 1,000,000Hopewell Culture National Historical Park, OH 389,000Hot Springs National Park, AR 6,059,000Independence National Historical Park, PA 3,932,000



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Independence National Historical Park, PA 2,000,000Kalaupapa National Historical Park, HI 3,779,000Keweenaw National Historical Park, MI (Calumet- Hecla) 1,650,000Lincoln Library, IL 4,000,000Moccasin Bend NAD, TN (erosion) 2,000,000Mount Rainier National Park, WA 14,307,000Mount Rainier National Park, WA 7,900,000Olympic National Park, WA 10,098,000Pinnacles National Monument, CA 4,794,000Point Reyes National Seashore, CA 2,160,000Redwood National Park, CA 2,169,000Rosie the Riveter National Historical Park, CA (planning) 200,000San Francisco Maritime National Historical Park, CA 4,350,000Saratoga National Historical Park, NY (Victory Woods) 310,000Saugus Iron Works National Historic Site, MA 3,078,000Shenandoah National Park, VA 4,835,000Southwest Pennsylvania Heritage Commission, PA 2,500,000Statue of Liberty/Ellis Island National Monuments, NJ 8,452,000Stones River National Battlefield, TN (tour) 610,000Tuskegee Airmen National Historic Site, AL 6,767,000White House, DC 6,523,000Wind Cave National Park, SD 4,928,000Wolf Trap National Park, VA 3,000,000Yellowstone National Park, WY 11,118,000Yellowstone National Park, WY 4,114,000Yellowstone National Park, WY 11,175,000Yosemite National Park, CA 2,176,000Project Total 204,241,000Emergency/Unscheduled 3,944,000Housing 7,889,000Equipment replacement 26,900,000Planning, construction 19,925,000



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General management plans 13,754,000Construction program management 28,605,000Dam safety 2,662,000Managed partnership projects 310,000Subtotal 103,989,000Subtotal (before use of prior year funds) 308,230,000Use of prior year balances -17,000,000Total Construction $291,230,000

The Committee commends the Service for the quality of its construction budget in recent years. The focus on critical backlog maintenance over the last ten years has made a significant impact on the most serious projects and the impact of the Choosing By Advantage system is very evident on small but significant projects that had not competed well in the past. In addition, the Committee is pleased at the progress made on the condition assessments as well as the new asset management program that is focused on life-cycle costs. Hopefully, this will help prevent reoccurrence of a large deferred maintenance backlog in the future.

The Committee believes that keeping up with backlog maintenance needs should remain a high priority. However, the Service should begin to integrate the most critical, new construction requirements into future budget submissions. The Committee continues to be concerned that, each year, the same parks seem to appear in the line item construction request. In many cases, there are multiple projects for one park unit. It is obvious that certain parks have been competing well within the system, however, professional judgment needs to be applied to ensure fairness and equity to all park units. The Committee strongly encourages the Service to make adjustments in future budget requests.

Although the Committee understands that much of the unobligated balances in construction are tied to large projects, and acknowledges the progress made to expend these funds, the Committee continues to encourage the Service to reduce these balances to a more reasonable level.

Partnership Construction Projects- The Committee is pleased with the recent progress that has been made to get large partnership construction projects under control. However, the Committee reminds the Service that most of the 44 projects should not be forwarded to Congress for funding and those that do complete the new process, and are considered high priorities, should be included in annual budget requests when appropriate. With the Director's personal assurance, the Committee understands that there will be no surprises in the future and that all parks will adhere to the long-standing bill language requiring



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Committee notification and approval prior to any commitment on projects in excess of $5,000,000.

The Committee expects that Director's order 21 will be finalized no later than July 15, 2005. Any future modifications to this agreement should be forwarded to the Committee.

Curatorial Facilities- The Committee has noticed a growing number of parks requesting curatorial facilities. The Committee acknowledges that many collections in the parks are not stored under ideal circumstances. The Service has three separate facilities to deal with this issue; the Midwest Archeological Center, the Northeast Cultural Resources Center and the new Western Archeological Center, which has significant storage space remaining.

It is obvious that decisions on these individual park facilities are being made ad hoc without any Service-wide analysis or plan. The Committee directs the Associate Director for Cultural Resources to work with the Associate Director for Park Planning, Facilities, and Lands to study the issue of collection storage in the parks and report findings and recommendations to the Committee by September 2006. Any future funding requirements should be weighed against other Service-wide priorities.

Other- The Committee has included $2,100,000 to complete the curatorial facility at Big Bend National Park; $3,500,000 to continue work on the Blue Ridge Parkway destination center; $3,247,000 to complete rehabilitation work on the Cumberland Island National Seashore, Plum Orchard home, and $2,500,000 for rehabilitation work at Cuyahoga Valley National Park in Ohio.

Funding in the amount of $450,000 is provided to complete work on the Wright Dunbar Plaza, part of Dayton Aviation Heritage National Historical Park; $700,000 is to continue cabin replacement at the Delaware Water Gap National Recreation Area; $400,000 is for maintenance projects along the George Washington Parkway in Virginia, and $1,000,000 is to continue work on the Homestead National Historic Site visitor center.

The Committee has provided $1,650,000 to complete work on the Calumet-Hecla House in Keweenaw National Historical Park; $4,000,000 for the Lincoln Library; $2,000,000 for erosion work at Moccasin Bend NAD; $200,000 to initiate planning for the Rosie the Riveter National Historical Park, and $310,000 to complete work on the Saratoga National Historical Park, Victory Woods project. In addition, $2,500,000 is provided for the Southwest Pennsylvania Heritage Commission and $610,000 is for planning the Stones River National Battlefield driving tour. The Committee encourages the park to seek non-Federal assistance to help complete its project.

The Committee has provided $175,000 to initiate planning for a museum concept plan for the Wilson's Creek NB Sweeney museum collection. The region should consider this a



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high priority project and continue to provide funds in future budget requests for this effort. Also provided is $250,000 to complete planning associated with the Manhattan Project Sites study.

The Committee has provided $3,000,000 to undertake the most essential deferred maintenance requirements at Wolf Trap National Park for the Performing Arts. The Committee cautions the Service that prior to beginning any expenditure of these funds, the Service should develop a planned program of expenditures, in priority order, focused on health and safety improvements, code compliance, and utility upgrades. The Committee expects the plan to represent a stand-alone set of work that can be accomplished within the funds provided and that is not dependent on subsequent appropriations. If additional enhancements at the park are deemed a priority to accomplish the mission, the Service and the Wolf Trap Foundation should consider a capital improvement partnership agreement, in accordance with the new partnership construction process. The Committee should be consulted prior to any agreements being signed.

The Committee has not provided funds for two Lake Mead NRA projects included in the budget request. These projects should be funded with the receipts from the Southern Nevada Public Lands Management Act.

The Committee is aware of proposals by Gateway National Recreation Area to improve the recreation playing fields and comfort stations at Miller Field and Great Kills. The Committee is supportive of improving the outdoor recreation opportunities at this park and directs the Service to develop a plan for phased implementation of the most critical improvements needed. Once a plan is developed, the Committee will be able to consider the funding requirements needed to initiate site-specific pre-design.

The Committee is aware of the significant interest in greater New Bedford in the plan to initiate a comprehensive ethnographic study of the park and its surroundings in order to develop a better understanding of the roles that the area's various communities and neighborhoods played in the history of the whaling industry. The Service is directed to initiate this study within available funds.

The Committee expects planning for restoration of the Bodie Island Lighthouse to be completed toward the end of fiscal year 2006. The Service should request construction funds when appropriate.

LAND AND WATER CONSERVATION FUND

(RESCISSION)



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----------------------------------------------------------------------------------Appropriation enacted, 2005 -$30,000,000Budget estimate, 2006 -30,000,000Recommended, 2006 -30,000,000

Comparison:Appropriation, 2005 0Budget estimate, 2006 0

-----------------------------------------

The Committee recommends the rescission of $30,000,000 in the annual contract authority provided by 16 U.S.C. 460l-10a. This authority has not been used in years, and there are no plans to use it in fiscal year 2006.

LAND ACQUISITION AND STATE ASSISTANCE----------------------------------------------------------------------------------Appropriation enacted, 2005 $146,349,000Budget estimate, 2006 54,467,000Recommended, 2006 9,421,000

Comparison:Appropriation, 2005 -136,928,000Budget estimate, 2006 -45,046,000

-----------------------------------------

The Committee recommends $9,421,000 for land acquisition and State assistance, a decrease of $45,046,000 below the budget request and $136,928,000 below the enacted level. Within the funds provided, $1,587,000 is for assistance to States for administrative expenses, and $7,834,000 is for Federal land acquisition program activities, including $4,000,000 for emergencies and hardships, $9,749,000 for acquisition management, and $4,000,000 for in holdings. The Committee recommendation includes the use of $9,915,000 in prior year funds from the Cat Island project at Gulf Islands National Seashore. Negotiations for this acquisition have been ongoing since March 2002. Funds were appropriated in fiscal years 2003 and 2004, and the Service, the property owner, and the Trust for Public Land have been unable to reach agreement on the terms and conditions of the acquisition or on an appraisal, both necessary precursors to an agreement on valuation and cost. Because of these delays, the Committee is redirecting these funds to urgently needed park base increases.



National Park Service FY 2006 AppropriationsSenate Report 109-80, June 10, 2005

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Calendar No. 125109TH CONGRESS

ReportSENATE

1st Session

109-80 DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

APPROPRIATIONS BILL, 2006

JUNE 10, 2005--Ordered to be printedFiled, under authority of the order of the Senate of January 4, 2005

Mr. BURNS, from the Committee on Appropriations, submitted the followingREPORT


The Committee on Appropriations to which was referred the bill (H.R. 2361) making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2006, and for other purposes, reports the same to the Senate with an amendment and recommends that the bill as amended do pass.

Amounts in new budget (obligational) authority, fiscal year 2006Amount of bill passed by House $26,159,125,000Amount of increase by Senate 99,500,000Total of bill as reported to Senate 26,258,625,000Estimates considered by House 25,724,328,000Estimates considered by Senate 25,724,328,000Above the budget estimate, 2006 534,297,000Below appropriations, 2005 (including emergencies) 739,099,000



National Park Service FY 2006 AppropriationsSenate Report 109-80, June 10 , 2005

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NATIONAL PARK SERVICE

Since the creation of Yellowstone National Park in 1872, the national park system has grown to encompass 388 sites spanning more than 84,000,000 acres in 49 States, the District of Columbia, American Samoa, Guam, Puerto Rico, Saipan, and the Virgin Islands. The National Park Service, created in 1916, is charged with preserving these sites `unimpaired for the enjoyment of future generations.' The Service and its more than 20,000 employees also contribute to the protection of other historical, cultural and recreational resources through a variety of grant and technical assistance programs.


Appropriations, 2005 $1,683,564,000Budget estimate, 2006 1,734,053,000House allowance 1,754,199,000Committee recommendation 1,748,486,000

PROGRAM DESCRIPTIONThe operation of the national park system account is the primary source of funding for the national parks, and supports the activities, programs and services essential to their day-to-day operations. It includes base funding for individual park units, as well as pooled funding administered at the national or regional level for training; repair, preservation and rehabilitation of facilities and resources; information technology; and a variety of other purposes.

COMMITTEE RECOMMENDATIONThe Committee recommends $1,748,486,000 for operation of the national park system, an increase of $64,922,000 over the fiscal year 2005 enacted level, an increase of $14,433,000 over the budget request, and a decrease of $5,713,000 below the House recommended funding level.

The amount provided includes an increase over the budget request of $20,000,000 for recurring park base operating budgets. Of the amounts provided in addition to the budget request, $500,000 should be allocated to the national trails system.

Resource Stewardship- The Committee recommends $354,841,000 for resource stewardship, an increase of $725,000 over the budget request. Changes to the budget request include increases of $225,000 for the International Center for Science and



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Learning at Mammoth Cave NP, $1,000,000 air tour management, and $500,000 for vanishing treasures, and a decrease of $1,000,000 for inventory and monitoring.

The Committee understands that the Service intends to conduct a history study to improve interpretation of Civil War homefront themes at Marsh Billings Rockefeller NHP.

Visitor Services- The Committee recommends $346,181,000 for visitor services, the same as the budget request.

The Committee is aware of the major celebrations planned in October 2006 for the 225th anniversary of the Battle of Yorktown, representing the end of the American Revolution, and throughout 2007 to commemorate the 400th anniversary of the founding of Jamestown, the first permanent English settlement in America. The Committee encourages the Service to increase staffing as appropriate to strengthen law enforcement and visitor interpretation services to meet the needs of the expected increase in visitation during this time.

Maintenance- The Committee recommends $595,186,000 for maintenance, a decrease of $400,000 below the budget request for the repair and restoration of historic buildings. The amount provided for the repair and restoration of historic buildings represents a $3,000,000 increase over the enacted level.

Within the amounts provided, $640,000 is for restriping and sealing of portions of the Natchez Trace Parkway in Mississippi. The Committee further understands that restoring maintenance services at Natchez Trace Parkway is a high regional priority.

The Committee understands that the Service intends to conduct an historic structures report on Civilian Conservation Corps cabins and structures within Buffalo National River.

Park Support- The Committee recommends $301,721,000 for park support, a decrease of $5,892,000 below the budget request. Changes to the request include an increase of $250,000 for partnership wild and scenic rivers, and decreases of $400,000 for Jamestown 2007, $61,000 for FOCUS, $310,000 for partnership oversight, and $5,371,000 for resource restoration challenge cost share. Funding for Jamestown 2007 is provided in the National Recreation and Preservation account.

The Committee continues to expect the Service to allocate one third of the amount provided for the traditional challenge cost share program to the National Trails System.

The amount provided includes the $1,000,000 requested for the Service to implement training and data conversion for the Federal Budget Management System, but the Committee is not impressed by the presentation of this item in the budget justification as



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an `uncontrollable' change. This is a program increase and should have been displayed as such. The Committee also notes that at least $2,138,000 of the amounts requested for various IT-related activities are presented as non-recurring, and expects that corresponding reductions will be displayed in the fiscal year 2007 justification.

External Administrative Costs- The Committee recommends $130,557,000 for external administrative costs, the same as the budget request.

Other- The Committee notes that the park area budget presentation indicates that the distribution of the $12,600,000 increase for visitor services provided by Congress in fiscal year 2005 is to be non-recurring at the parks to which it was allocated. This is not what the Committee intended and is not consistent with the park-specific justifications provided for these increases. The Committee provided these funds in response to widespread concerns that park managers had been forced to reduce visitor facility hours of operation and other recurring visitor services due to the absorption of pay and other fixed costs in their base budgets. In many cases, treating these funds as non-recurring does not allow parks to use them as the Committee intended.

The National Park Service budget has numerous programs that exist to meet non-recurring park needs for maintenance, and natural and cultural resource management. The budget also regularly proposes specific funding in the park base for one-time or isolated events such as the presidential inaugural, and subsequent budget justifications then reflect the proposed reduction of these funds when the program is complete. If, however, there is a need to create a new fund source to meet an unfunded non-recurring park requirement, then the administration should request this in a future budget. But in this case the funds provided were clearly intended to be part of the parks' permanent base budgets, and the Committee expects them to be treated as such.

The Committee does not recommend continuation of language carried in previous appropriations acts regarding the inclusion of 18 U.S.C. 1913 in the text of National Park Service grants or contracts. Removal of this requirement should not be construed as either a recommendation for change in National Park Service procedures, or any lessening of the Committee's interest in seeing that the anti-lobbying provisions of 18 U.S.C. 1913 and section 402 of this Act are followed in both letter and spirit.


Appropriations, 2005 $80,076,000Budget estimate, 2006 80,411,000House allowance 82,411,000Committee recommendation 80,411,000



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PROGRAM DESCRIPTIONThe United States Park Police is a full-time, full-service uniformed law enforcement entity of the National Park Service that operates primarily in the Washington, DC, area, the New York City metropolitan area, and San Francisco. Its primary functions are the protection of icon parks and their visitors, patrol of the National Mall and adjacent parks, special events and crowd management, criminal investigations, and traffic control and parkway patrol.

COMMITTEE RECOMMENDATIONThe Committee recommends $80,411,000 for the United States Park Police, an increase of $335,000 over the fiscal year 2005 enacted level, the same as the budget request, and $2,000,000 below the House recommended funding level.



PROGRAM DESCRIPTIONThe national recreation and preservation appropriation funds a variety of authorized programs that are associated with local community efforts to preserve natural and cultural resources.

COMMITTEE RECOMMENDATIONThe Committee recommends $56,729,000 for national recreation and preservation, a decrease of $4,244,000 from the fiscal year 2005 enacted level, an increase of $19,952,000 over the budget request, and an increase of $7,732,000 over the House recommended funding level.

Recreation Programs- The Committee recommends $554,000 for recreation programs, the same as the budget request.



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Natural Programs- The Committee recommends $10,045,000 for natural programs, an increase of $500,000 over the budget request. The increase provided is for the rivers and trails conservation assistance program.

Cultural Programs- The Committee recommends $20,403,000 for cultural programs, an increase of $2,681,000 over the budget request. The amount provided includes increases of $1,931,000 for the National Center for Preservation Technology and $750,000 for the National Underground Railroad Network to Freedom program. Further discussion of National Park Service training facility needs is contained in the construction portion of this report.

International Park Affairs- The Committee recommends $1,618,000 for international park affairs, the same as the budget request.

Environmental and Compliance Review- The Committee recommends $399,000 for environmental compliance and review, the same as the budget request.

Grant Administration- The Committee recommends $1,913,000 for grant administration, the same as the budget request.

Heritage Partnership Programs- The Committee recommends $13,572,000 for heritage partnership programs, an increase of $8,546,000 over the budget request. The Committee recommends the following distribution of funds:

[In thousands of dollars]--------------------------------------------------------------------Project Committee recommendation -----------------------------------------------------------------------America's Agricultural Heritage Partnership 750 Augusta Canal National Heritage Area 400 Automobile National Heritage Area 500 Blue Ridge National Heritage Area 500 Cane River National Heritage Area 800 Delaware and Lehigh National Heritage Corridor 800 Erie Canalway National Heritage Corridor 700 Essex National Heritage Area 800 Hudson River Valley National Heritage Area 400 John H. Chafee Blackstone River Valley National Heritage Corridor 800



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Lackawanna Valley National Heritage Area 550 Mississippi Gulf Coast National Heritage Area 500 National Aviation Heritage Area 100 National Coal Heritage Area 100 Ohio and Erie Canal National Heritage Corridor 800 Oil Region National Heritage Area 100 Quinebaug and Shetucket Rivers Valley National Heritage Corridor 750 Rivers of Steel National Heritage Area 800 Schuykill River Valley National Heritage Center 400 Shenandoah Valley Battlefields National Historic District 500 South Carolina National Heritage Corridor 800 Tennessee Civil War Heritage Area 400 Wheeling National Heritage Area 800 Yuma Crossing National Heritage Area 400 Subtotal, Commissions & Grants 13,450 Technical Support 122 TOTAL, Heritage Partnership Pgms 13,572 -----------------------------------------------------------------------

The Committee remains concerned about the potential growth in the number of authorized heritage areas given ongoing fiscal limitations and inconstant administration support for the program. Three new heritage areas were authorized in the 108th Congress, and proposals to create dozens more are under active discussion. Continued growth in the number of areas will inevitably lead to the dilution of available funding and could potentially diminish program effectiveness. The Committee is aware that the relevant authorizing committees have spent considerable time debating the future of the heritage area program, and that the National Park Service Advisory Board is also conducting a review. The Committee hopes that all stakeholders will work to produce a coherent vision for heritage programs that encompasses not only the heritage partnership program but also other existing and proposed programs related to heritage tourism.

Statutory or Contractual Aid- The Committee recommends $8,225,000 for statutory or contractual aid, as opposed to zero funding as proposed in the budget request. The distribution of funds is shown in the table below.



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[In thousands of dollars]---------------------------------------------------------------- Amount ----------------------------------------------------------------Statutory or Contractual Aid: Brown Foundation 250 Chesapeake Bay Gateways and Water Trails 2,000 Crossroads of the West Historic District 750 Delta Interpretive Center 1,000 Ft. Mandan, Ft. Lincoln, and No. Plains Foundations 625 Harper's Ferry NHP (Niagra Movement) 300 Ice Age National Scientific Reserve 700 International Peace Gardens 200 Jamestown 2007 400 Lamprey River 750 Native Hawaiian culture & arts program 750 Siege and Battle of Corinth Commission (Contraband Comp) 500 Subtotal, Statutory or Contractual Aid 8,225 ----------------------------------------------------------------

Neither the budget request nor the House bill include funding for the Chesapeake Bay Gateways and Water Trails program authorized in Public Law 105-312. The House Committee report also describes `problems' with program management that were identified in a routine oversight review performed by the Surveys and Investigations staff of the House Committee. This Committee would welcome the opportunity to review these findings and discuss them with program managers and stakeholders, but understands that the findings of the oversight team are unpublished and generally unavailable to stakeholders or the public for review or comment. The Committee sees little redeeming value in this Star Chamber approach to oversight, and recommends an appropriation of $2,000,000 for continued program activities. The Committee urges the National Park Service to implement its action plan for the Chesapeake Bay Gateways and Water Trails program, and to work openly with Congress, the Department, stakeholder groups and others to ensure that the program is managed in a way that meets its statutory goals in the most efficient manner possible.



PROGRAM DESCRIPTION



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The Historic Preservation Fund was established in the National Historic Preservation Act of 1966 to provide grant assistance to States, territories, and tribes to aid in the preservation of historical sites and cultural heritage. A portion of these funds are used by State Historic Preservation Offices to operate national programs such as the National Register of Historic Places and the Section 106 review process, as well as to provide technical assistance and to make matching grants to local communities for preservation projects. This appropriation has also supported a variety of targeted programs at the national level designed to achieve historic preservation goals.

COMMITTEE RECOMMENDATIONThe Committee recommends $72,500,000 for the historic preservation fund, an increase of $761,000 over the fiscal year 2005 enacted level, an increase of $6,295,000 over the budget request, and a decrease of $205,000 below the House recommended funding level.

The amount provided includes increases over the budget request of $3,000,000 for grants-in-aid to States, $795,000 for grants-in-aid to tribes and $15,000,000 for Save America's Treasures. There is a decrease of $12,500,000 for Preserve America, but the Committee has included language in the bill allowing the Service to award not to exceed $7,500,000 in Save America's Treasures funds for Preserve America pilot grants. The Committee notes that Congress this year is expected to consider legislation to reauthorize the National Historic Preservation Act, and that consideration of both the Preserve America and Save America's Treasures programs in that context may have merit.

CONSTRUCTION

Appropriations, 2005 (including emergency appropriations) $352,982,000Budget estimate, 2006 307,362,000House allowance 291,230,000Committee recommendation 299,201,000

PROGRAM DESCRIPTIONThe construction appropriation supports the following principal activities: the construction and rehabilitation of historic buildings and structures, the construction and rehabilitation of public use facilities and utility systems, the purchase of equipment, and the preparation of construction and general management plans.

COMMITTEE RECOMMENDATION



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The Committee recommends $299,201,000 for construction, a decrease of $2,979,000 from the fiscal year 2005 enacted level (excluding emergencies), a decrease of $8,161,000 below the budget request, and an increase of $7,971,000 above the House recommended funding level. The Committee recommends the following distribution of funds:

NATIONAL PARK SERVICE CONSTRUCTION[In thousands of dollars]-----------------------------------------------------------------------State Project Committee recommendation -----------------------------------------------------------------------IL Abraham Lincoln Presidential Library and Museum 1,000 MA Amistad NRA (upgrade water and wastewater systems at Diablo East) 1,003 VA Blue Ridge Parkway (replace Otter Creek Bridge and campground services) 804 MA Boston Harbor Islands NRA (construct floating docks) 832 MA Boston Harbor Islands NRA (Harbor Park pavilion construction) 554 MA Boston NHP (Bldg. 5) 3,082 NM Chaco Culture NHP (replace and upgrade curation facilities w/UNM) 4,238 MD Chesapeake and Ohio Canal NHP (rehab Great Falls visitor center and facilities) 1,847 NJ Delaware Water Gap NRA (replace Depew recreation site) 2,871 FL Dry Tortugas NP (preserve Fort Jackson) 6,618 FL Everglades NP (modified water delivery system) 25,000 NY Fire Island NS (West Entrance Ranger Station and construct restrooms) 764 KS Fort Larned NHS (North Officers' Quarters) 1,159 MD



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Fort Washington Park (stabilization) 2,876 VA George Washington Memorial Parkway (rehab Arlington House) 1,251 MT Glacier NP (remove hazmat and correct fire egress at Many Glacier hotel) 758 MN Grand Portage NM (establish heritage center) 4,000 FL Gulf Islands NS (rehab Fort Pickens water system) 971 WV Harpers Ferry NHP (rehab Jackson House, School House Ridge trails and waysides, Armory) 1,350 NE Homestead NM (heritage museum and education center) 3,690 OH Hopewell Culture NHP (salvage archaeological resources threatened by erosion) 389 AR Hot Springs NP (rehab bathhouses) 6,059 PA Independence NHP (Mall landscaping/infrastructure) 2,000 PA Independence NHP (rehab Deschler-Morris-Bringhurst House utilities and exhibits) 3,932 RI John H. Chafee Blackstone River Valley NHC 750 HI Kalaupapa NHP (replace non-compliant cesspools) 3,779 AK Kenai Fjords NP (multi-agency center) 495 MI Keweenaw NHP (Calumet & Hecla Bldg. rehab, Phase II) 1,650 AR Little Rock Central High School NHS (complete visitor center) 5,100 MO Mark Twain Boyhood Home NHL (restoration) 500 WA Mount Rainier NP (replace Jackson Visitor Center and rehab parking areas) 14,307 WA



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Mount Rainier NP (rehab structural components of Paradise Inn and Annex) 7,900 WV New River Gorge NR (various) 1,509 WA Olympic NP (Elwha River ecosystem) 5,000 CA Pinnacles NM (relocate and replace maintenance and visitor facilities) 4,794 CA Redwood NP (protect park resources by removing failing roads) 2,169 CA San Francisco Maritime NHP (repair Sala Burton Maritime Museum Bldg.) 4,350 MA Saugus Iron Works NHS (rehab resources for accessibility and safety) 1,334 VA Shenandoah NP (rehab and remodel Panorama facility as visitor/learning center) 4,835 MS Shiloh NMP (Corinth intepretive film) 1,000 NJ Statue of Liberty/Ellis Island NMs (rehab Ellis Island seawall) 8,452 AL Tuskegee Airmen NHS (preserve and rehab Moton Airfield site) 6,767 HI USS Arizona Memorial (replace failing visitor center) 1,690 UT Utah Public Lands Artifact Preservation Act 5,000 PA Valley Forge NHP (George Washington's headquarters) 2,326 AK Western Arctic National Parklands (NW Alaska Heritage Center and admin. facilities) 12,733 DC White House (structural and utility rehab) 6,523 SD Wind Cave NP (replace failing wastewater treatment facility) 4,928 WY Yellowstone NP (Madison Wastewater Facilities) 4,114 WY



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Yellowstone NP (Old Faithful Inn) 11,118 WY Yellowstone NP (replace Old Faithful Visitor Center) 11,175 CA Yosemite NP (replace hazardous gas disinfection system at El Portal wastewater plant) 2,176 Subtotal, Line Item Construction 213,522 Emergency and Unscheduled Projects 3,944 Housing Replacement 7,889 Dam Safety 2,662 Equipment Replacement: Replacement of park operations equipment 13,387 Conversion to narrowband radio system 12,527 Modernization of information mgmt. system 986 Subtotal, Equipment Replacement 26,900 Construction Planning 19,925 Construction Program Management and Operations: Associate Director, Professional Services 1,084 Denver Service Center operations 16,757 Regional facility project support 9,764 Subtotal, Const. Program Mgmt. & Ops. 27,605 General Management Planning: EIS planning and compliance 4,917 General management plans 7,663 Strategic planning 666 Special resource studies 508 Subtotal, General Management Planning 13,754 Subtotal, Other Construction 102,679 Use of prior year balances -17,000 Total, NPS Construction 299,201 -----------------------------------------------------------------------



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The Committee is pleased with the progress being made towards the completion of the Federal commitments made pursuant to the Utah Public Land Artifact Preservation Act. The Committee encourages the Service to work closely with the State of Utah to expedite this project in a timely manner with regard to the site identified at the University of Utah.

The Committee is troubled by the Service's proposal to fund a new Western Preservation Center for Training and Technology while terminating the existing National Center for Preservation Technology and Training. Budget documents provide little explanation for this seemingly incongruous proposal. The Committee invites the Service, if desired, to present a comprehensive and cohesive plan for NPS training facility needs nationwide. Such a plan should address all training facilities that are currently operated by the Service, are potentially available for Service use, or are proposed to be constructed.

In the wake of the catastrophic floods of 1997 that decimated parts of Yosemite National Park, Congress provided more than $186,000,000 in emergency funding to repair roads, trails, structures and utilities, and to relocate certain facilities to locations more appropriate for Park purposes. Due in large part to extensive litigation over various aspects of the restoration, more than $80,000,000 of the amount provided remained unobligated as of the end of calendar year 2004. The most recent quarterly report provided to the Committee indicates that significant additional project completions will occur in 2005 and 2006. Presumably a significant amount of the remaining funds will be obligated on these projects. As such, the Committee requests that the Service include in its coming quarterly reports a more thorough discussion of the closeout of the Yosemite recovery effort. The Committee is particularly interested in knowing what portion of the remaining funds will be required to complete planned recovery activities, whether additional funds are expected to be required, and what funding sources are contemplated to provide any such additional funding. The Committee has found the Service's quarterly reports to be helpful, and believes this additional information will be useful as the project moves forward.

Of the funds provided for New River Gorge NSR, $940,000 is for boundary surveys, stabilization and HVAC work, $231,000 is for design of the restoration of the Cliffside Amphitheater, $125,000 is for the New River Parkway Authority, and $213,000 is for design for the stabilization of the Nutall Mine Complex.

The Committee has included additional funds for general management planning for the El Camino Real de los Tejas. The Committee also strongly encourages the National Park Service to complete the management plan for the Cedar Creek and Belle Grove National Historical Park no later than September 1, 2007.

The Committee understands that in fiscal year 2006 the Service will initiate construction planning for repair of scenic overlooks at Shenandoah NP.



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No funds have been provided for the Safety Interoperable Communications Program [SAFECOM].

The West Yellowstone Solid Waste Composting Facility was developed by Yellowstone National Park and other regional stakeholders to reduce both the volume and cost of solid waste transportation and disposal from the Park and surrounding area. Regrettably, problems with process design and waste characteristics have left the facility operating at well below design capacity. The Park is now the only user of the facility, and the diminished capacity has both jeopardized project financing and put unexpected pressure on the Park's operating budget. Given the Service's prominent role in the development, design and ultimate use of the composting facility, the Committee believes it appropriate that the Service bear a large portion of the responsibility for fixing the problem. While process improvements have been implemented and may help at the margins, it appears that buying down the project debt is the only sensible solution. The Committee expects the Service to identify and make available promptly the funding required to implement such a solution.

Language has been included in the bill relating to funds provided for construction projects at Mount Rainier National Park.


(RESCISSION)

Appropriations, 2005 -$30,000,000Budget estimate, 2006 -30,000,000House allowance -30,000,000Committee recommendation -30,000,000

The Committee recommends a rescission of $30,000,000 in annual contract authority provided by 16 U.S.C. 460l-10a. This authority has not been used in recent years and there are no plans to use it in fiscal year 2005.

LAND ACQUISITION AND STATE ASSISTANCE




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PROGRAM DESCRIPTIONThe land acquisition and State assistance appropriation supports the acquisition of lands and interests in lands to preserve historical and natural sites, primarily for inclusion in the national park system. This account also provides funding for the State Assistance program (`Stateside'), which was authorized in the Land and Water Conservation Fund Act to support recreation development and recreation-related land acquisition by State and local governments.

COMMITTEE RECOMMENDATIONThe Committee recommends $86,005,000 for land acquisition and State assistance, a decrease of $60,344,000 from the enacted level, an increase of $31,538,000 over the budget request and $76,584,000 over the House recommendation.

The following table shows the Committee recommendation:

-----------------------------------------------------------------------State Project Committee recommendation -----------------------------------------------------------------------TX Big Thicket National Preserve $3,600,000 DC Carter G. Woodson NHS 1,000,000 TN Chickamauga-Chattanooga NMP 1,800,000 Civil War Battlefields (multi-state) 4,000,000 PA Flight 93 National Memorial 4,281,000 WV Gauley River NRA 1,500,000 CA Golden Gate NRA 525,000 HI Haleakala NP 4,050,000 WV Harpers Ferry NHP 2,000,000 WI Ice Age NST 1,000,000 OR Lewis and Clark NHP 1,600,000 WV New River Gorge NR 2,000,000 CA Pinnacles National Monument 3,000,000 VA Shenandoah Valley Battlefields NHD 1,000,000 MI Sleeping Bear Dunes NL 5,300,000



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MO Wilson's Creek NB 1,200,000 AK Wrangell-St. Elias NP 1,900,000 SUBTOTAL, LINE ITEM PROJECTS 39,756,000 Emergencies/Hardships 3,000,000 Inholdings/Exchanges/Wilderness 3,500,000 Acquisition management 9,749,000 SUBTOTAL, NPS FEDERAL LAND ACQ. 56,005,000 State assistance grants 30,000,000 TOTAL, NPS LASA 86,005,000 -----------------------------------------------------------------------

The Committee understands that the town of Blowing Rock, NC and the Blue Ridge Parkway have agreed to a mutually beneficial land exchange. Within funds provided, the Service is directed to perform the necessary environmental impact statement to complete this exchange.

The Committee has provided additional funds for the Shenadoah Valley Battlefield National Historic District. The Committee expects the Service to recognize the value of conservation easements as a cost effective conservation method to protect battlefield lands within the District, and utilize easements to the greatest extent possible.

The Committee is aware of opportunities to preserve Civil War battlefields at Pilot Knob, MO and Lone Jack, MO and encourages the Service to consider allocating preservation funds for these sites to the extent that applicants meet the established criteria for the civil war battlefield preservation program.

The Committee is aware of an ongoing land acquisition project at the Cumberland Gap National Historical Park in Kentucky and provided funds in fiscal year 2005 for this effort. The Committee remains very supportive for this project and hopes that the National Park Service will continue to acquire available property from willing sellers.



National Park Service FY 2006 AppropriationsConference Report 109-188, July 26, 2005

______________________________________________________________

109TH CONGRESSReport

HOUSE OF REPRESENTATIVES

1st Session

109-188

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING

SEPTEMBER 30, 2006, AND FOR OTHER PURPOSES

July 26, 2005- Ordered to be printedMr. TAYLOR of North Carolina, from the committee of conference, submitted the

followingCONFERENCE REPORT


The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2361) `making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2006, and for other purposes', having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as follows:

In lieu of the matter stricken and inserted by said amendment, insert:

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




______________________________________________________________

NATIONAL PARK SERVICE


For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road

maintenance service to trucking permittees on a reimbursable basis), and for the general administration of the National Park Service, $1,744,074,000, of which

$9,892,000 is for planning and interagency coordination in support of Everglades restoration and shall remain available until expended; of which $97,600,000, to remain available until September 30, 2007, is for maintenance, repair or rehabilitation projects for constructed assets, operation of the National Park Service automated facility management software system, and comprehensive facility condition assessments; and of which $2,000,000 is for

the Youth Conservation Corps for high priority projects: Provided, That the only funds in this account which may be made available to support United

States Park Police are those funds approved for emergency law and order incidents pursuant to established National Park Service procedures, those funds needed to maintain and repair United States Park Police administrative

facilities, and those funds necessary to reimburse the United States Park Police account for the unbudgeted overtime and travel costs associated with special events for an amount not to exceed $10,000 per event subject to the review and concurrence of the Washington headquarters office.


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


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




______________________________________________________________

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

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For construction, improvements, repair or replacement of physical facilities, including the modifications authorized by section 104 of the Everglades National Park Protection and Expansion Act of 1989, $301,291,000, to remain available until expended, of which $17,000,000 for modified water deliveries to Everglades National Park shall be derived by transfer from unobligated balances in the `Land Acquisition and State Assistance' account for Everglades National Park land acquisitions, and of which $400,000 for the Mark Twain Boyhood Home National Historic Landmark shall be derived from the Historic Preservation Fund pursuant to 16 U.S.C. 470a: Provided, That none of the funds available to the National Park Service may be used to plan, design, or construct any partnership project with a total value in excess of $5,000,000, without advance approval of the House and Senate Committees on Appropriations: Provided further, That notwithstanding any other provision of law, the National Park Service may not accept donations or services associated with the planning, design, or construction of such new facilities without advance approval of the House and Senate Committees on Appropriations: Provided further, That funds provided under this heading for implementation of modified water deliveries to Everglades National



______________________________________________________________

Park shall be expended consistent with the requirements of the fifth proviso under this heading in Public Law 108-108:

Provided further, That funds provided under this heading for implementation of modified water deliveries to Everglades National Park shall be available for obligation only if matching funds are appropriated to the Army Corps of Engineers for the same purpose:

Provided further, That none of the funds provided under this heading for implementation of modified water deliveries to Everglades National Park shall be available for obligation if any of the funds appropriated to the Army Corps of Engineers for the purpose of implementing modified water deliveries, including finalizing detailed engineering and design documents for a bridge or series of bridges for the Tamiami Trail component of the project, becomes unavailable for obligation:

Provided further, That funds provided under this heading for implementation of modified water deliveries to Everglades National Park shall be expended consistent with the requirements of the fifth proviso under this heading in Public Law 108-108: Provided further, That hereinafter notwithstanding any other provision of law, procurements for the Mount Rainier National Park Jackson Visitor Center replacement and the rehabilitation of Paradise Inn and Annex may be issued which include the full scope of the facility: Provided further, That the solicitation and contract shall contain the clause `availability of funds' found at 48 CFR 52.232.18: Provided further, That none of the funds provided in this or any other Act may be used for planning, design, or construction of any underground security screening or visitor contact facility at the Washington Monument until such facility has been approved in writing by the House and Senate Committees on Appropriations.


(RESCISSION)

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


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



______________________________________________________________

of the funds provided for the State assistance program may be used to establish a contingency fund.

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available for the purchase of not to exceed 245 passenger motor vehicles, of which 199 shall be for replacement only, including not to exceed 193 for police-type use, 10 buses, and 8 ambulances: Provided, That none of the funds appropriated to the National Park Service may be used to implement an agreement for the redevelopment of the southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full and comprehensive report on the development of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project: Provided further, That in fiscal year 2006 and thereafter, appropriations available to the National Park Service may be used to maintain the following areas in Washington, District of Columbia: Jackson Place, Madison Place, and Pennsylvania Avenue between 15th and 17th Streets, Northwest.

None of the funds in this Act may be spent by the National Park Service for activities taken in direct response to the United Nations Biodiversity Convention.The National Park Service may distribute to operating units based on the safety record of each unit the costs of programs designed to improve workplace and employee safety, and to encourage employees receiving workers' compensation benefits pursuant to chapter 81 of title 5, United States Code, to return to appropriate positions for which they are medically able.

If the Secretary of the Interior considers the decision of any value determination proceeding conducted under a National Park Service concession contract issued prior to November 13, 1998, to misinterpret or misapply relevant contractual requirements or their underlying legal authority, the Secretary may seek, within 180 days of any such decision, the de novo review of the value determination by the United States Court of Federal Claims, and that court may make an order affirming, vacating, modifying or correcting the determination.

In addition to other uses set forth in section 407(d) of Public Law 105-391, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefiting unit anticipated franchise fee receipts over the term of the contract



______________________________________________________________

at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefiting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefiting unit, in the amount of funds so expended to extinguish or reduce liability.



National Park Service FY 2006 AppropriationsPublic Law 109-54, August 2, 2005

______________________________________________________________

One Hundred Ninth Congressof the

United States of AmericaAT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

An Act

Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2006, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2006, and for other purposes, namely:

TITLE I--DEPARTMENT OF THE INTERIOR


National Park Service


For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), and for the general administration of the National Park Service, $1,744,074,000, of which $9,892,000 is for planning and interagency coordination in support of Everglades restoration and shall remain available until expended; of which $97,600,000, to remain available until September 30, 2007, is for maintenance, repair or rehabilitation projects for constructed assets, operation of the National Park Service automated facility management software system, and comprehensive facility condition assessments; and of which $2,000,000 is for the Youth Conservation Corps for high priority projects: Provided, That the only funds in this account which may be made available to support United States Park Police are those funds approved for emergency law and order incidents pursuant to



______________________________________________________________established National Park Service procedures, those funds needed to maintain and repair United States Park Police administrative facilities, and those funds necessary to reimburse the United States Park Police account for the unbudgeted overtime and travel costs associated with special events for an amount not to exceed $10,000 per event subject to the review and concurrence of the Washington headquarters office.


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


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


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



______________________________________________________________CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

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




______________________________________________________________(RESCISSION)

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


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

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available for the purchase of not to exceed 245 passenger motor vehicles, of which 199 shall be for replacement only, including not to exceed 193 for police-type use, 10 buses, and 8 ambulances: Provided, That none of the funds appropriated to the National Park Service may be used to implement an agreement for the redevelopment of the southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to the expiration of 30 calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than 3 calendar days to a day certain) from the receipt by the Speaker of the House of Representatives and the President of the Senate of a full and comprehensive report on the development of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project: Provided further, That in fiscal year 2006 and thereafter, appropriations available to the National Park Service may be used to maintain the following areas in Washington, District of Columbia: Jackson Place, Madison Place, and Pennsylvania Avenue between 15th and 17th Streets, Northwest.

None of the funds in this Act may be spent by the National Park Service for activities taken in direct response to the United Nations Biodiversity Convention.The National Park Service may distribute to operating units based on the safety record of each unit the costs of programs designed to improve workplace and employee safety, and to encourage employees receiving workers' compensation benefits pursuant to chapter 81 of title 5, United States Code, to return to appropriate positions for which they are medically able.



______________________________________________________________If the Secretary of the Interior considers the decision of any value determination proceeding conducted under a National Park Service concession contract issued prior to November 13, 1998, to misinterpret or misapply relevant contractual requirements or their underlying legal authority, the Secretary may seek, within 180 days of any such decision, the de novo review of the value determination by the United States Court of Federal Claims, and that court may make an order affirming, vacating, modifying or correcting the determination.

In addition to other uses set forth in section 407(d) of Public Law 105-391, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefiting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefiting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefiting unit, in the amount of funds so expended to extinguish or reduce liability.

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, except that total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose.SEC. 108. Notwithstanding any other provision of law, in fiscal years 2006 through 2010, for the purpose of reducing the backlog of Indian probate cases in



______________________________________________________________the Department of the Interior, the hearing requirements of chapter 10 of title 25, United States Code, are deemed satisfied by a proceeding conducted by an Indian probate judge, appointed by the Secretary without regard to the provisions of title 5, United States Code, governing the appointments in the competitive service, for such period of time as the Secretary determines necessary: Provided, That the basic pay of an Indian probate judge so appointed may be fixed by the Secretary without regard to the provisions of chapter 51, and subchapter III of chapter 53 of title 5, United States Code, governing the classification and pay of General Schedule employees, except that no such Indian probate judge may be paid at a level which exceeds the maximum rate payable for the highest grade of the General Schedule, including locality pay.SEC. 109. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2006. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.SEC. 110. (a) For fiscal year 2006 and each succeeding fiscal year, any funds made available by this Act for the Southwest Indian Polytechnic Institute and Haskell Indian Nations University for postsecondary programs of the Bureau of Indian Affairs in excess of the amount made available for those postsecondary programs for fiscal year 2005 shall be allocated in direct proportion to the need of the schools, as determined in accordance with the postsecondary funding formula adopted by the Office of Indian Education Programs.(b) For fiscal year 2007 and each succeeding fiscal year, the Bureau of Indian Affairs shall use the postsecondary funding formula adopted by the Office of Indian Education Programs based on the needs of the Southwest Indian Polytechnic Institute and Haskell Indian Nations University to justify the amounts submitted as part of the budget request of the Department of the Interior.SEC. 111. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104-134, as amended by Public Law 104-208, the Secretary may accept and retain land and other forms of reimbursement: Provided, That the Secretary may retain and use any such reimbursement until expended and without further appropriation: (1) for the benefit of the National Wildlife Refuge System within the State of Minnesota; and (2) for all activities authorized by Public Law 100-696; 16 U.S.C. 460zz.SEC. 112. The Secretary of the Interior may use or contract for the use of helicopters or motor vehicles on the Sheldon and Hart National Wildlife Refuges for the purpose of capturing and transporting horses and burros. The provisions of subsection (a) of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to such use. Such use shall be in accordance with humane procedures prescribed by the Secretary.SEC. 113. Funds provided in this Act for Federal land acquisition by the National Park Service for Shenandoah Valley Battlefields National Historic District and Ice



______________________________________________________________Age National Scenic Trail, and funds provided in division E of Public Law 108-447 (118 Stat. 3050) for land acquisition at the Niobrara National Scenic River, may be used for a grant to a State, a local government, or any other land management entity for the acquisition of lands without regard to any restriction on the use of Federal land acquisition funds provided through the Land and Water Conservation Fund Act of 1965 as amended.SEC. 114. None of the funds made available by this Act may be obligated or expended by the National Park Service to enter into or implement a concession contract which permits or requires the removal of the underground lunchroom at the Carlsbad Caverns National Park.SEC. 115. None of the funds made available in this Act may be used: (1) to demolish the bridge between Jersey City, New Jersey, and Ellis Island; or (2) to prevent pedestrian use of such bridge, when such pedestrian use is consistent with generally accepted safety standards.SEC. 116. None of the funds in this or any other Act can be used to compensate the Special Master and the Special Master-Monitor, and all variations thereto, appointed by the United States District Court for the District of Columbia in the Cobell v. Norton litigation at an annual rate that exceeds 200 percent of the highest Senior Executive Service rate of pay for the Washington-Baltimore locality pay area.SEC. 117. The Secretary of the Interior may use discretionary funds to pay private attorney fees and costs for employees and former employees of the Department of the Interior reasonably incurred in connection with Cobell v. Norton to the extent that such fees and costs are not paid by the Department of Justice or by private insurance. In no case shall the Secretary make payments under this section that would result in payment of hourly fees in excess of the highest hourly rate approved by the District Court for the District of Columbia for counsel in Cobell v. Norton.SEC. 118. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from Federally operated or Federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers.SEC. 119. (a) IN GENERAL- Nothing in section 134 of the Department of the Interior and Related Agencies Appropriations Act, 2002 (115 Stat. 443) affects the decision of the United States Court of Appeals for the 10th Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250 (2001).(b) USE OF CERTAIN INDIAN LAND- Nothing in this section permits the conduct of gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land described in section 123 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 944), or land that is contiguous to that land, regardless of whether the land or contiguous land has been taken into trust by the Secretary of the Interior.



______________________________________________________________SEC. 120. No funds appropriated for the Department of the Interior by this Act or any other Act shall be used to study or implement any plan to drain Lake Powell or to reduce the water level of the lake below the range of water levels required for the operation of the Glen Canyon Dam.SEC. 121. Notwithstanding the limitation in subparagraph (2)(B) of section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)), the total amount of all fees imposed by the National Indian Gaming Commission for fiscal year 2007 shall not exceed $12,000,000.SEC. 122. Notwithstanding any implementation of the Department of the Interior's trust reorganization or reengineering plans, or the implementation of the `To Be' Model, funds appropriated for fiscal year 2006 shall be available to the tribes within the California Tribal Trust Reform Consortium and to the Salt River Pima-Maricopa Indian Community, the Confederated Salish and Kootenai Tribes of the Flathead Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation through the same methodology as funds were distributed in fiscal year 2003. This Demonstration Project shall continue to operate separate and apart from the Department of the Interior's trust reform and reorganization and the Department shall not impose its trust management infrastructure upon or alter the existing trust resource management systems of the above referenced tribes having a self-governance compact and operating in accordance with the Tribal Self-Governance Program set forth in 25 U.S.C. 458aa-458hh: Provided, That the California Trust Reform Consortium and any other participating tribe agree to carry out their responsibilities under the same written and implemented fiduciary standards as those being carried by the Secretary of the Interior: Provided further, That they demonstrate to the satisfaction of the Secretary that they have the capability to do so: Provided further, That the Department shall provide funds to the tribes in an amount equal to that required by 25 U.S.C. 458cc(g)(3), including funds specifically or functionally related to the provision of trust services to the tribes or their members.SEC. 123. Notwithstanding any provision of law, including 42 U.S.C. 4321 et. seq., nonrenewable grazing permits authorized in the Jarbidge Field Office, Bureau of Land Management within the past 9 years, shall be renewed. The Animal Unit Months contained in the most recently expired nonrenewable grazing permit, authorized between March 1, 1997, and February 28, 2003, shall continue in effect under the renewed permit. Nothing in this section shall be deemed to extend the nonrenewable permits beyond the standard 1-year term.SEC. 124. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts or other agreements for the use



______________________________________________________________of such facilities on such terms and conditions as the Secretary may determine reasonable.SEC. 125. Upon the request of the permittee for the Clark Mountain Allotment lands adjacent to the Mojave National Preserve, the Secretary shall also issue a special use permit for that portion of the grazing allotment located within the Preserve. The special use permit shall be issued with the same terms and conditions as the most recently-issued permit for that allotment and the Secretary shall consider the permit to be one transferred in accordance with section 325 of Public Law 108-108.SEC. 126. Notwithstanding any other provision of law, the National Park Service final winter use rules published in Part VII of the Federal Register for November 10, 2004, 69 Fed. Reg. 65348 et seq., shall be in force and effect for the winter use season of 2005-2006 that commences on or about December 15, 2005.SEC. 127. Section 1121(d) of the Education Amendments of 1978 (25 U.S.C. 2001(d)) is amended by striking paragraph (7) and inserting the following:

`(7) APPROVAL OF INDIAN TRIBES- The Secretary shall not terminate, close, consolidate, contract, transfer to another authority, or take any other action relating to an elementary school or secondary school (or any program of such a school) of an Indian tribe without the approval of the governing body of any Indian tribe that would be affected by such an action.'.

SEC. 128. Section 108(e) of the Act entitled Àn Act to establish the Kalaupapa National Historical Park in the State of Hawaii, and for other purposes' (16 U.S.C. 410jj-7) is amended by striking `twenty-five years from' and inserting òn the date that is 45 years after'.SEC. 129. Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking `September 30, 2005,' and inserting `June 30, 2006,'.SEC. 130. None of the funds in this or any other Act may be used to set up Centers of Excellence and Partnership Skills Bank training without prior approval of the House and Senate Committees on Appropriations.SEC. 131. Section 114 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (16 U.S.C. 460bb-3 note; 117 Stat. 239; division F of Public Law 108-7), is amended--

(1) in the second sentence, by inserting `, including utility expenses of the National Park Service or lessees of the National Park Service' after `Fort Baker properties'; and(2) by inserting between the first and second sentences the following: Ìn furtherance of a lease entered into under the first sentence, the Secretary of the Interior or a lessee may impose fees on overnight lodgers for the purpose of covering the cost of providing utilities and transportation services at Fort Baker properties at a rate not to exceed the annual cost of providing these services.'.

SEC. 132. (a) Section 813(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a)) is amended by striking ànd (i)' and inserting ànd (i) (except for paragraph (1)(C))'.



______________________________________________________________(b) Section 4(i)(1)(C)(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(C)(i)) is amended--

(1) by striking `Notwithstanding subparagraph (A)' and all that follows through òr section 107' and inserting `Notwithstanding section 107'; and(2) by striking àccount under subparagraph (A)' and inserting àccount under section 807(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6806(a))'.

(c) Except as provided in this section, section 4(i)(1)(C) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(C)) shall be applied and administered as if section 813(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812(a)) (and the amendments made by that section) had not been enacted.(d) This section and the amendments made by this section take effect as of December 8, 2004.SEC. 133. Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following:`(43)(A) The Captain John Smith Chesapeake National Historic Watertrail, a series of routes extending approximately 3,000 miles along the Chesapeake Bay and the tributaries of the Chesapeake Bay in the States of Virginia, Maryland, Pennsylvania, and Delaware and the District of Columbia that traces Captain John Smith's voyages charting the land and waterways of the Chesapeake Bay and the tributaries of the Chesapeake Bay.`(B) The study shall be conducted in consultation with Federal, State, regional, and local agencies and representatives of the private sector, including the entities responsible for administering--

`(i) the Chesapeake Bay Gateways and Watertrails Network authorized under the Chesapeake Bay Initiative Act of 1998 (16 U.S.C. 461 note; title V of Public Law 105-312); and`(ii) the Chesapeake Bay Program authorized under section 117 of the Federal Water Pollution Control Act (33 U.S.C. 1267).

`(C) The study shall include an extensive analysis of the potential impacts the designation of the trail as a national historic watertrail is likely to have on land and water, including docks and piers, along the proposed route or bordering the study route that is privately owned at the time the study is conducted.'.SEC. 134. (a) Notwithstanding section 508(c) of the Omnibus Parks and Public Lands Management Act of 1996 (40 U.S.C. 8903 note; Public Law 104-333) there is hereby appropriated to the Secretary of the Interior $10,000,000, to remain available until expended, for necessary expenses for the Memorial to Martin Luther King, Jr., authorized in that Act.(b) The funds appropriated in subsection (a) shall only be made available after the entire amount is matched by non-Federal contributions (not including in-kind contributions) that are pledged and received after July 26, 2005, but prior to the date specified in subsection (c).(c) Section 508(b)(2) of the Omnibus Parks and Public Lands Management Act of 1996 is amended by striking `November 12, 2006' and inserting `November 12, 2008'.



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