Interior Appropriations Act, 2005

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Two lists up front are the most obvious pork projects. Items that follow either look like pork or just set off the bullshit detector. Sections dealing with wildfire spending and forest management generally looked suspicious, but histopresto didn't know enough to pull out the most offensive language- could use another reader there.

Water Resources Investigations.--

  • Changes to the House level for water resources investigations include increases of $1,481,000 for collaborative research with the University of Oklahoma, $518,000 for the toxic substances hydrology program,
  • $50,000 for the Potomac river groundwater assessment study,
  • $198,000 for the Berkeley Pit study with Montana Tech,
  • $295,000 for Lake Champlain basin toxic materials,
  • $444,000 for monitoring water resources in Hawaii, and
  • $889,000 for the coal bed methane study of the Tongue river, and
  • decreases of $400,000 for the water availability pilot project and $400,000 for the Klamath basin study. Funds remain in the base to continue the US/Mexico border initiative at the fiscal year 2004 level.

The managers agree that, from within base funds, up to $889,000 may be designated for the Survey's continued participation in the Long Term Estuary Assessment program. The managers agree that the reduction to the Klamath basin funding will be offset by an internal reprogramming in the current fiscal year. The managers agree that the Potomac river groundwater assessment projects in the House and Senate bills address similar issues and they have been combined into one project.

Biological Research.--Changes to the House level for biological research include increases of $250,000 for northern prairie carbon sequestration, $741,000 for the Mark Twain National Forest mining study, $790,000 for molecular biology at Leetown Science Center, $300,000 for pallid sturgeon research, $198,000 for a diamondback terrapin study, $988,000 to complete the Northern Continental Divide Ecosystem study in Montana, $296,000 for a multi-disciplinary water resource study at Leetown Science Center, $250,000 for the Delaware River Basin Study, and decreases of $250,000 for ecological systems mapping, $250,000 for the deepwater fisheries vessel program, $500,000 for invasive species, $400,000 for Klamath basin studies, $170,000 for equipment at the Anadromous Fish Research Center, and $250,000 for cooperative research units. The managers understand that the reduction to the Klamath basin study is offset by an internal reprogramming in the current fiscal year. The managers direct the Survey to continue to pursue ongoing chronic wasting disease research nationwide and to continue to work with the Southeastern Cooperative Wildlife Disease Study. Within the funds available for invasive species studies, the managers expect the Survey to continue its cooperative program with Mississippi State University at no less that the fiscal year 2004 enacted level.


Title II- Related Agencies, Dept. of Agriculture, Forest Service, Forest and Rangeland Research Conference recommendation General decrease -$1,800,000 Fixed costs -1,000,000 $6,109,000 Project or Activity- Change from House- Project total Forest inventory and analysis 4,000,000 56,714,000 Advanced housing research consortium -300,000 1,300,000 Adelgid research NE station 0 1,500,000 Sudden oak death research 0 2,500,000 Emerald ash borer research in Ohio -250,000 250,000 Southern pine beetle initiative 0 2,000,000 Olympic Natural Resource Center, WA 0 300,000 Western Carolina Univ. biotechnology -988,000 0 Watershed condition research initiative -2,247,000 4,994,000 Invasive species initiative 0 1,081,000 Joe Skeen Inst. Montana St. Univ. 350,000 350,000 Forest Products Lab salvage lumber, WI 600,000 600,000 NE States research cooperative 25,000 2,000,000

Baltimore urban watershed, MD 2,000 200,000 

Fernow expt. forest hydrology, WV 230,000 230,000 Morgantown, WV pests & pathogens 6,000 500,000 Sitka, AK lab 14,000 1,130,000 Hardwood tree improvement & regen, IN 921,000 921,000 Coweeta, technology transfer, NC 4,000 300,000 Bent Cr. cumberland silviculture, NC 4,000 300,000 Joe Skeen Inst. Range. Research, NM 53,000 300,000 Adelgid and insects in east research 0 0 Coweeta hemlock wooly adelgid, NC 0 300,000


Provided, That $700,000 from the Statutory and Contractual Aid Account shall be provided to the City of Tacoma, Washington for the purpose of conducting a feasibility study for the Train to the Mountain project:

Provided further, That the Service may accept donated aircraft as replacements for existing aircraft:

Provided, That notwithstanding any other provision of law, a single procurement for the construction project at the Clark R. Bavin Forensics Laboratory in Oregon may be issued which includes the full scope of the project

Provided further, That, of the funds provided for the tribal school demonstration program, notwithstanding the provisions of paragraph (b)(1) of section 122 of division F of Public Law 108-7, as amended by section 136 of Public Law 108-108, $4,500,000 is for the Eastern Band of Cherokee education campus at the Ravensford tract, $4,000,000 is for the Sac and Fox Meskwaki Settlement school, and $4,000,000 is for the Twin Buttes elementary school on the Fort Berthold Reservation

SEC. 116. (a) The Secretary of the Interior shall hereafter take such action as may be necessary to ensure that the lands comprising the Huron Cemetery in Kansas City, Kansas (as described in section 123 of Public Law 106-291) are used only in accordance with this section. (b) The lands of the Huron Cemetery shall be used only: (1) for religious and cultural uses that are compatible with the use of the lands as a cemetery; and (2) as a burial ground.

SEC. 117. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104-134, as amended by Public Law 104-208, the Secretary may accept and retain land and other forms of reimbursement: Provided, That the Secretary may retain and use any such reimbursement until expended and without further appropriation: (1) for the benefit of the National Wildlife Refuge System within the State of Minnesota; and (2) for all activities authorized by Public Law 100-696; 16 U.S.C. 460zz.

SEC. 121. 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 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. 122. None of the funds made available by this Act may be obligated or expended by the National Park Service to enter into or implement a concession contract which permits or requires the removal of the underground lunchroom at the Carlsbad Caverns National Park.

SEC. 129. 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. 138. FINANCIAL ASSISTANCE; FLOOD INSURANCE. The limitations on Federal expenditures or financial assistance in section 5 of the Coastal Barrier Resources Act (16 U.S.C. 3504) and the limitations on flood insurance coverage in section 1321(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4028(a)) shall not apply to lots 15, 16, 25, and 29 within the Jeremy Cay Subdivision on Edisto Island, South Carolina, depicted on the reference map entitled ``John H. Chafee Coastal Barrier Resources System Edisto Complex M09/M09P dated January 24, 2003.

SEC. 146. 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 2004-2005 that commences on or about December 15, 2004.

"Economic Action Programs.--The conference agreement includes $19,300,000 for the economic action programs instead of $10,000,000 as proposed by the House and $19,975,000 as proposed by the Senate. The managers have provided $500,000 for the Hinkle Creek project, OR, with the understanding that no further funding will be made available for this program. The conference agreement includes bill language concerning a $2,000,000 direct payment for the Kake land exchange, AK and a direct payment of $1,500,000 to Canton, NC for wood products wastewater repairs. The funds for the education and research consortium of western North Carolina should include the Pisgah Forest Institute, and allow expansion of the education initiative to appropriate institutions with natural resources expertise in Pennsylvania and northern California. The conference agreement includes the following distribution of funds...:" see above textlist

Provided further, That notwithstanding any other provision of law, of the funds provided under this heading, $2,000,000 shall be made available to Kake Tribal Corporation as an advance direct lump sum payment to implement the Kake Tribal Corporation Land Transfer Act (Public Law 106-283), and $1,500,000 shall be made available to Canton, NC, as an advance direct lump sum payment for wood products waste water treatment repairs.

Provided further, That within funds available for the purpose of implementing the Valles Caldera Preservation Act, notwithstanding the limitations of section 107(e)(2) of the Valles Caldera Preservation Act (Public Law 106-248), for fiscal year 2005, the Chair of the Board of Trustees of the Valles Caldera Trust may receive, upon request, compensation for each day (including travel time) that the Chair is engaged in the performance of the functions of the Board, except that compensation shall not exceed the daily equivalent of the annual rate in effect for members of the Senior Executive Service at the ES-1 level, and shall be in addition to any reimbursement for travel, subsistence and other necessary expenses incurred by the Chair in the performance of the Chair's duties.

Provided further, That subject to all the authorities available to the Forest Service under the State and Private Forestry appropriation, up to $1,000,000 may be used on non-federal lands adjacent to the Chugach National Forest for the purpose of expanding recreational opportunities.

Provided further, That of the funds provided for hazardous fuels reduction, not to exceed $5,000,000, may be used to make grants, using any authorities available to the Forest Service under the State and Private Forestry appropriation, for the purpose of creating incentives for increased use of biomass from national forest lands

For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (Public Law 95-91), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $579,911,000, to remain available until expended, of which $4,000,000 is to continue a multi-year project for construction, renovation, furnishing, and demolition or removal of buildings at National Energy Technology Laboratory facilities in Morgantown, West Virginia and Pittsburgh, Pennsylvania: Provided, That of the amounts provided, $18,000,000 is to continue a multi-year project coordinated with the private sector for FutureGen, without regard to the terms and conditions applicable to clean coal technology projects: ..........Provided further, That no part of the sum herein made available shall be used for the field testing of nuclear explosives in the recovery of oil and gas:

Provided further, That of the amounts provided to the Indian Health Service, $15,000,000 is provided for alcohol control, enforcement, prevention, treatment, sobriety and wellness, and education in Alaska Provided further, That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Department of Housing and Urban Development

Provided further, That notwithstanding any other provision of law, funds appropriated for the planning, design, and construction of the replacement health care facility in Barrow, Alaska, may be used to purchase land up to approximately 8 hectares for a site upon which to construct the new health care facility

The Indian Health Service may purchase 8.5 acres of land for expansion of parking facilities at the W.W. Hastings hospital in Tahlequah, Oklahoma using third party collections subject to advance approval from the House and Senate Committees on Appropriations.

Notwithstanding any other provision of law, the Tulsa and Oklahoma City Clinic demonstration projects shall be permanent programs under the direct care program of the Indian Health Service; shall be treated as service units and operating units in the allocation of resources and coordination of care; shall continue to meet the requirements applicable to an Urban Indian organization under this title; and shall not be subject to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).

SEC. 312. No part of any appropriation contained in this Act shall be expended or obligated to complete and issue the 5-year program under the Forest and Rangeland Renewable Resources Planning Act.

SEC. 314. Notwithstanding any other provision of law, for fiscal year 2005 the Secretaries of Agriculture and the Interior are authorized to limit competition for watershed restoration project contracts as part of the ``Jobs in the Woods Program established in Region 10 of the Forest Service to individuals and entities in historically timber-dependent areas in the States of Washington, Oregon, northern California, Idaho, Montana, and Alaska that have been affected by reduced timber harvesting on Federal lands. The Secretaries shall consider the benefits to the local economy in evaluating bids and designing procurements which create economic opportunities for local contractors.

SEC. 324. In entering into agreements with foreign countries pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m) the Secretary of Agriculture and the Secretary of the Interior are authorized to enter into reciprocal agreements in which the individuals furnished under said agreements to provide wildfire services are considered, for purposes of tort liability, employees of the country receiving said services when the individuals are engaged in fire suppression: Provided, That the Secretary of Agriculture or the Secretary of the Interior shall not enter into any agreement under this provision unless the foreign country (either directly or through its fire organization) agrees to assume any and all liability for the acts or omissions of American firefighters engaged in firefighting in a foreign country: Provided further, That when an agreement is reached for furnishing fire fighting services, the only remedies for acts or omissions committed while fighting fires shall be those provided under the laws of the host country, and those remedies shall be the exclusive remedies for any claim arising out of fighting fires in a foreign country: Provided further, That neither the sending country nor any legal organization associated with the firefighter shall be subject to any legal action whatsoever pertaining to or arising out of the firefighter's role in fire suppression.

SEC. 327. None of the funds in this Act may be used to prepare or issue a permit or lease for oil or gas drilling in the Finger Lakes National Forest, New York, during fiscal year 2005.

SEC. 341. (a) IN GENERAL.-- (1) The Secretary of Agriculture and the Secretary of the Interior are authorized to make grants to the Eastern Nevada Landscape Coalition for the study and restoration of rangeland and other lands in Nevada's Great Basin in order to help assure the reduction of hazardous fuels and for related purposes.

SEC. 344. Notwithstanding any other provision of law and using funds previously appropriated for such purpose under Public Law 106-291 ($1,630,000) and Public Law 108-199 ($2,300,000), the National Park Service shall (1) not later than 60 days after enactment of this section purchase the seven parcels of real property in Seward, Alaska identified by Kenai Peninsula tax identification numbers 14910001, 14910002, 14911033, 14913005, 14913020, 14913007, and 14913008 that have been selected for the administrative complex, visitor facility, plaza and related parking for the Kenai Fjords National Park and Chugach National Forest which shall hereafter be known as the Mary Lowell Center; and (2) transfer to the City of Seward any remaining balance of previously appropriated funds not necessary for property acquisition and design upon the vacation by the City of Seward of Washington Street between 4th Avenue and 5th Avenue and transfer of title of the appropriate portions thereof to the federal government, provided that the City of Seward uses any such funds for the related waterfront planning, pavilions, boardwalks, trails, or related purposes that compliment the new federal facility.

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