[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2643 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 2643

_______________________________________________________________________

                                 AN ACT


 
Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2008, 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, 2008, and for other purposes, namely:

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, 
in the management of lands and their resources under the jurisdiction 
of the Bureau of Land Management, including the general administration 
of the Bureau, and assessment of mineral potential of public lands 
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $888,628,000, to 
remain available until expended, of which not to exceed $92,129,000 is 
available for oil and gas management; and of which $1,500,000 is for 
high priority projects, to be carried out by the Youth Conservation 
Corps; and of which $2,800,000 shall be available in fiscal year 2008 
subject to a match by at least an equal amount by the National Fish and 
Wildlife Foundation for cost-shared projects supporting conservation of 
Bureau lands; and such funds shall be advanced to the Foundation as a 
lump sum grant without regard to when expenses are incurred.
    In addition, $20,000,000 is for the processing of applications for 
permit to drill and related use authorizations, to remain available 
until expended, to be reduced by amounts collected by the Bureau and 
credited to this appropriation that shall be derived from $1,866 per 
new application for permit to drill that the Bureau shall collect upon 
submission of each new application, and in addition, $34,696,000 is for 
Mining Law Administration program operations, including the cost of 
administering the mining claim fee program; to remain available until 
expended, to be reduced by amounts collected by the Bureau and credited 
to this appropriation from annual mining claim fees so as to result in 
a final appropriation estimated at not more than $888,628,000, and 
$2,000,000, to remain available until expended, from communication site 
rental fees established by the Bureau for the cost of administering 
communication site activities.

                              construction

    For construction of buildings, recreation facilities, roads, 
trails, and appurtenant facilities, $6,476,000 to remain available 
until expended.

                            land acquisition

    For expenses necessary to carry out sections 205, 206, and 318(d) 
of Public Law 94-579, including administrative expenses and acquisition 
of lands or waters, or interests therein, $18,634,000 to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

                   oregon and california grant lands

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including 
existing connecting roads on or adjacent to such grant lands; 
$110,242,000, to remain available until expended: Provided, That 25 
percent of the aggregate of all receipts during the current fiscal year 
from the revested Oregon and California Railroad grant lands is hereby 
made a charge against the Oregon and California land-grant fund and 
shall be transferred to the General Fund in the Treasury in accordance 
with the second paragraph of subsection (b) of title II of the Act of 
August 28, 1937 (50 Stat. 876).

               forest ecosystem health and recovery fund

                   (revolving fund, special account)

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

                           range improvements

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

               service charges, deposits, and forfeitures

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

                       miscellaneous trust funds

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

                        wildland fire management

                     (including transfer of funds)

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation and 
hazardous fuels reduction by the Department of the Interior, 
$806,644,000, to remain available until expended, of which not to 
exceed $4,000,000 shall be for the renovation or construction of fire 
facilities: Provided, That such funds are also available for repayment 
of advances to other appropriation accounts from which funds were 
previously transferred for such purposes: Provided further, That 
persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence 
and lodging without cost from funds available from this appropriation: 
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received 
by a bureau or office of the Department of the Interior for fire 
protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of 
United States property, may be credited to the appropriation from which 
funds were expended to provide that protection, and are available 
without fiscal year limitation: Provided further, That using the 
amounts designated under this title of this Act, the Secretary of the 
Interior may enter into procurement contracts, grants, or cooperative 
agreements, for hazardous fuels reduction activities, and for training 
and monitoring associated with such hazardous fuels reduction 
activities, on Federal land, or on adjacent non-Federal land for 
activities that benefit resources on Federal land: Provided further, 
That the costs of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be shared, as 
mutually agreed on by the affected parties: Provided further, That 
notwithstanding requirements of the Competition in Contracting Act, the 
Secretary, for purposes of hazardous fuels reduction activities, may 
obtain maximum practicable competition among: (1) local private, 
nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, 
Public Lands Corps (Public Law 109-154), or related partnerships with 
State, local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train locally a 
significant percentage, defined as 50 percent or more, of the project 
workforce to complete such contracts: Provided further, That in 
implementing this section, the Secretary shall develop written guidance 
to field units to ensure accountability and consistent application of 
the authorities provided herein: Provided further, That funds 
appropriated under this head may be used to reimburse the United States 
Fish and Wildlife Service and the National Marine Fisheries Service for 
the costs of carrying out their responsibilities under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, 
as required by section 7 of such Act, in connection with wildland fire 
management activities: Provided further, That the Secretary of the 
Interior and the Secretary of Agriculture may authorize the transfer of 
funds appropriated for wildland fire management, in an aggregate amount 
not to exceed $9,000,000, between the Departments when such transfers 
would facilitate and expedite jointly funded wildland fire management 
programs and projects: Provided further, That funds provided for 
wildfire suppression shall be available for support of Federal 
emergency response actions.

                       administrative provisions

    Appropriations for the Bureau of Land Management shall be available 
for purchase, erection, and dismantlement of temporary structures, and 
alteration and maintenance of necessary buildings and appurtenant 
facilities to which the United States has title; up to $100,000 for 
payments, at the discretion of the Secretary, for information or 
evidence concerning violations of laws administered by the Bureau; 
miscellaneous and emergency expenses of enforcement activities 
authorized or approved by the Secretary and to be accounted for solely 
on the Secretary's certificate, not to exceed $10,000: Provided, That 
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly produced 
publications for which the cooperators share the cost of printing 
either in cash or in services, and the Bureau determines the cooperator 
is capable of meeting accepted quality standards.
    Section 28 of title 30, United States Code, is amended: (1) in 
section 28 by striking the phrase ``shall commence at 12 o'clock 
meridian on the 1st day of September'' and inserting ``shall commence 
at 12:01 ante meridian on the 1st day of September''; (2) in section 
28f(a), by striking the phrase ``for years 2004 through 2008''; and (3) 
in section 28g, by striking the phrase ``and before September 30, 
2008,''.
    Sums not to exceed one percent of the total value of procurements 
received by the Bureau of Land Management from vendors under enterprise 
information technology-procurements that the Department of the Interior 
and other Federal Government agencies may use to order information 
technology hereafter may be deposited into the Management of Lands and 
Resources account to offset costs incurred in conducting the 
procurement.

                United States Fish and Wildlife Service

                          resource management

    For necessary expenses of the United States Fish and Wildlife 
Service, as authorized by law, and for scientific and economic studies, 
maintenance of the herd of long-horned cattle on the Wichita Mountains 
Wildlife Refuge, general administration, and for the performance of 
other authorized functions related to such resources by direct 
expenditure, contracts, grants, cooperative agreements and reimbursable 
agreements with public and private entities, $1,104,572,000, to remain 
available until September 30, 2009 except as otherwise provided herein: 
Provided, That $2,500,000 is for high priority projects, which shall be 
carried out by the Youth Conservation Corps: Provided further, That not 
to exceed $18,763,000 shall be used for implementing subsections (a), 
(b), (c), and (e) of section 4 of the Endangered Species Act, as 
amended, for species that are indigenous to the United States (except 
for processing petitions, developing and issuing proposed and final 
regulations, and taking any other steps to implement actions described 
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not 
to exceed $12,926,000 shall be used for any activity regarding the 
designation of critical habitat, pursuant to subsection (a)(3), 
excluding litigation support, for species listed pursuant to subsection 
(a)(1) prior to October 1, 2007: Provided further, That of the amount 
available for law enforcement, up to $400,000, to remain available 
until expended, may at the discretion of the Secretary be used for 
payment for information, rewards, or evidence concerning violations of 
laws administered by the Service, and miscellaneous and emergency 
expenses of enforcement activity, authorized or approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate: Provided further, That of the amount provided for 
environmental contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses.

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$31,653,000, to remain available until expended.

                            land acquisition

    For expenses necessary to carry out the Land and Water Conservation 
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of land or waters, or 
interest therein, in accordance with statutory authority applicable to 
the United States Fish and Wildlife Service, $43,046,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended: Provided, That none of the funds appropriated for specific 
land acquisition projects can be used to pay for any administrative 
overhead, planning or other management costs.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $81,001,000, 
to remain available until expended.

                     national wildlife refuge fund

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

               north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, as amended, (16 U.S.C. 4401-4414), 
$42,646,000 to remain available until expended.

                neotropical migratory bird conservation

    For expenses necessary to carry out the Neotropical Migratory Bird 
Conservation Act, as amended (16 U.S.C. 6101 et seq.), $5,000,000, to 
remain available until expended.

                multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6301-
6305), $10,000,000, to remain available until expended.

                    state and tribal wildlife grants

    For wildlife conservation grants to States and to the District of 
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 
Northern Mariana Islands, American Samoa, and federally-recognized 
Indian tribes under the provisions of the Fish and Wildlife Act of 1956 
and the Fish and Wildlife Coordination Act, for the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, $85,000,000, 
to remain available until expended: Provided, That of the amount 
provided herein, $7,000,000 is for a competitive grant program for 
Indian tribes not subject to the remaining provisions of this 
appropriation: Provided further, That $5,000,000 is for a competitive 
grant program for States, territories, and other jurisdictions with 
approved plans, not subject to the remaining provisions of this 
appropriation: Provided further, That the Secretary shall, after 
deducting said $12,000,000 and administrative expenses, apportion the 
amount provided herein in the following manner: (1) to the District of 
Columbia and to the Commonwealth of Puerto Rico, each a sum equal to 
not more than one-half of 1 percent thereof; and (2) to Guam, American 
Samoa, the United States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary shall 
apportion the remaining amount in the following manner: (1) one-third 
of which is based on the ratio to which the land area of such State 
bears to the total land area of all such States; and (2) two-thirds of 
which is based on the ratio to which the population of such State bears 
to the total population of all such States: Provided further, That the 
amounts apportioned under this paragraph shall be adjusted equitably so 
that no State shall be apportioned a sum which is less than 1 percent 
of the amount available for apportionment under this paragraph for any 
fiscal year or more than 5 percent of such amount: Provided further, 
That the Federal share of planning grants shall not exceed 75 percent 
of the total costs of such projects and the Federal share of 
implementation grants shall not exceed 50 percent of the total costs of 
such projects: Provided further, That the non-Federal share of such 
projects may not be derived from Federal grant programs: Provided 
further, That no State, territory, or other jurisdiction shall receive 
a grant if its comprehensive wildlife conservation plan is disapproved 
and such funds that would have been distributed to such State, 
territory, or other jurisdiction shall be distributed equitably to 
States, territories, and other jurisdictions with approved plans: 
Provided further, That any amount apportioned in 2008 to any State, 
territory, or other jurisdiction that remains unobligated as of 
September 30, 2009, shall be reapportioned, together with funds 
appropriated in 2010, in the manner provided herein.

                       administrative provisions

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

                         National Park Service

                 operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including expenses to carry out programs of the United States 
Park Police), and for the general administration of the National Park 
Service, $2,046,809,000 (reduced by $1,000,000) (increased by 
$1,000,000) (increased by $1,000,000), of which $9,965,000 is for 
planning and interagency coordination in support of Everglades 
restoration and shall remain available until expended; of which 
$100,164,000, to remain available until September 30, 2009, is for 
maintenance, repair or rehabilitation projects for constructed assets, 
operation of the National Park Service automated facility management 
software system, environmental studies, and comprehensive facility 
condition assessments; and of which $4,000,000 shall be for the Youth 
Conservation Corps and the Public Lands Corps (Public Law 109-154) for 
high priority projects.

                          centennial challenge

    For expenses necessary to carry out provisions of section 814(g) of 
Public Law 104-333 relating to challenge cost share agreements, 
$50,000,000, to remain available until expended for Centennial 
Challenge signature projects and programs: Provided, That not less than 
50 percent of the total cost of each project or program is derived from 
non-Federal sources in the form of donated cash, assets, in-kind 
services, or a pledge of donation guaranteed by an irrevocable letter 
of credit.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $62,881,000.

                       historic preservation fund

                     (including transfers of funds)

    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), $81,500,000, 
to be derived from the Historic Preservation Fund and to remain 
available until September 30, 2009; of which $20,000,000 shall be for 
Save America's Treasures for preservation of nationally significant 
sites, structures, and artifacts and of which $10,000,000 shall be for 
Preserve America grants to States, Tribes, and local communities for 
projects that preserve important historic resources through the 
promotion of heritage tourism: Provided, That any individual Save 
America's Treasures or Preserve America grant shall be matched by non-
Federal funds; individual projects shall only be eligible for one 
grant; and all projects to be funded shall be approved by the Secretary 
of the Interior in consultation with the House and Senate Committees on 
Appropriations: Provided further, That Save America's Treasures funds 
allocated for Federal projects, following approval, shall be available 
by transfer to appropriate accounts of individual agencies.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, including the modifications authorized by section 104 of 
the Everglades National Park Protection and Expansion Act of 1989, 
$201,580,000, to remain available until expended: Provided, That funds 
provided under this heading for implementation of modified water 
deliveries to Everglades National Park shall be expended consistent 
with the requirements of the fifth proviso under this heading in Public 
Law 108-108: Provided further, That funds provided under this heading 
for implementation of modified water deliveries to Everglades National 
Park shall be available for obligation only if matching funds are 
appropriated to the Army Corps of Engineers for the same purpose: 
Provided further, That none of the funds provided under this heading 
for implementation of modified water deliveries to Everglades National 
Park shall be available for obligation if any of the funds appropriated 
to the Army Corps of Engineers for the purpose of implementing modified 
water deliveries, including finalizing detailed engineering and design 
documents for a bridge or series of bridges for the Tamiami Trail 
component of the project, becomes unavailable for obligation.

                    land and water conservation fund

                              (rescission)

    The contract authority provided for fiscal year 2008 by 16 U.S.C. 
460l-10a is rescinded.

                 land acquisition and state assistance

    For expenses necessary to carry out the Land and Water Conservation 
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including 
administrative expenses, and for acquisition of lands or waters, or 
interest therein, in accordance with the statutory authority applicable 
to the National Park Service, $99,402,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $50,000,000 is for the State assistance program.

                       administrative provisions

    If the Secretary of the Interior considers that the decision of any 
value determination proceeding conducted under a National Park Service 
concession contract issued prior to November 13, 1998, misinterprets or 
misapplies relevant contractual requirements or their underlying legal 
authority, then the Secretary may seek, within 180 days of any such 
decision, the de novo review of the value determination by the United 
States Court of Federal Claims. This court may make an order affirming, 
vacating, modifying or correcting the determination.
    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.
    A willing seller from whom the Service acquires title to real 
property may be considered a ``displaced person'' for purposes of the 
Uniform Relocation Assistance and Real Property Acquisition Policy Act 
and its implementing regulations, whether or not the Service has the 
authority to acquire such property by eminent domain.
    Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)), 
related to the National Park System Advisory Board, is amended in the 
first sentence by striking ``2007'' and inserting ``2009''.

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) 
and related purposes as authorized by law; and to publish and 
disseminate data relative to the foregoing activities; $1,032,764,000, 
to remain available until September 30, 2009, of which $63,345,000 
shall be available only for cooperation with States or municipalities 
for water resources investigations; of which $32,150,000 shall remain 
available until expended for satellite operations; of which $8,023,000 
shall be available until expended for deferred maintenance and capital 
improvement projects; and of which $187,114,000 shall be for the 
biological research activity and the operation of the Cooperative 
Research Units: Provided, That none of the funds provided for the 
biological research activity shall be used to conduct new surveys on 
private property, unless specifically authorized in writing by the 
property owner: Provided further, That no part of this appropriation 
shall be used to pay more than one-half the cost of topographic mapping 
or water resources data collection and investigations carried on in 
cooperation with States and municipalities.

                       administrative provisions

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

                      Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of 
royalties, as authorized by law; for enforcing laws and regulations 
applicable to oil, gas, and other minerals leases, permits, licenses 
and operating contracts; for energy-related or other authorized marine-
related purposes on the Outer Continental Shelf; and for matching 
grants or cooperative agreements, $153,552,000, to remain available 
until September 30, 2009, of which $82,371,000 shall be available for 
royalty management activities; and an amount not to exceed 
$135,730,000, to be credited to this appropriation and to remain 
available until expended, from additions to receipts resulting from 
increases to rates in effect on August 5, 1993, from rate increases to 
fee collections for Outer Continental Shelf administrative activities 
performed by the Minerals Management Service (MMS) over and above the 
rates in effect on September 30, 1993, and from additional fees for 
Outer Continental Shelf administrative activities established after 
September 30, 1993: Provided, That to the extent $135,730,000 in 
addition to receipts are not realized from the sources of receipts 
stated above, the amount needed to reach $135,730,000 shall be credited 
to this appropriation from receipts resulting from rental rates for 
Outer Continental Shelf leases in effect before August 5, 1993: 
Provided further, That not to exceed $3,000 shall be available for 
reasonable expenses related to promoting volunteer beach and marine 
cleanup activities: Provided further, That notwithstanding any other 
provision of law, $15,000 under this heading shall be available for 
refunds of overpayments in connection with certain Indian leases in 
which the Director of MMS concurred with the claimed refund due, to pay 
amounts owed to Indian allottees or tribes, or to correct prior 
unrecoverable erroneous payments: Provided further, That for the costs 
of administration of the Coastal Impact Assistance Program authorized 
by section 31 of the Outer Continental Shelf Lands Act, as amended (43 
U.S.C. 1456a), MMS in fiscal years 2008 through 2010 may retain up to 
three percent of the amounts which are disbursed under section 
31(b)(1), such retained amounts to remain available until expended.

                           oil spill research

    For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of 
the Oil Pollution Act of 1990, $6,403,000, which shall be derived from 
the Oil Spill Liability Trust Fund, to remain available until expended.

                       administrative provisions

    The eighth proviso under the heading of ``Minerals Management 
Service'' in division E, title I, of the Consolidated Appropriations 
Act, 2005 (Public Law 108-447), is amended by inserting ``and Indian 
accounts'' after ``States'', replacing the term ``provision'' with 
``provisions'', and inserting ``and (d)'' after 30 U.S.C. 1721(b).
    None of the funds in this Act shall be used to transfer funds from 
any Federal royalties, rents, and bonuses derived from Federal onshore 
and offshore oil and gas leases issued under the Outer Continental 
Shelf Lands Act (43 U.S.C. 1331 et seq.) and the Mineral Leasing Act 
(30 U.S.C. 181 et seq.) into the Ultra-Deepwater and Unconventional 
Natural Gas and Other Petroleum Research Fund.
    Notwithstanding the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), before disbursing a payment 
to a State, the Secretary shall deduct 2 percent from the amount 
payable to that State and deposit the amount deducted to miscellaneous 
receipts of the Treasury.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, $117,337,000, to remain available until September 30, 2009: 
Provided, That the Secretary of the Interior, pursuant to regulations, 
may use directly or through grants to States, moneys collected in 
fiscal year 2008 for civil penalties assessed under section 518 of the 
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to 
reclaim lands adversely affected by coal mining practices after August 
3, 1977, to remain available until expended: Provided further, That 
appropriations for the Office of Surface Mining Reclamation and 
Enforcement may provide for the travel and per diem expenses of State 
and tribal personnel attending Office of Surface Mining Reclamation and 
Enforcement sponsored training.

                    abandoned mine reclamation fund

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
$52,774,000, to be derived from receipts of the Abandoned Mine 
Reclamation Fund and to remain available until expended: Provided, That 
pursuant to Public Law 97-365, the Department of the Interior is 
authorized to use up to 20 percent from the recovery of the delinquent 
debt owed to the United States Government to pay for contracts to 
collect these debts: Provided further, That amounts provided under this 
heading may be used for the travel and per diem expenses of State and 
tribal personnel attending Office of Surface Mining Reclamation and 
Enforcement sponsored training.

                        administrative provision

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

                        Bureau of Indian Affairs

                      operation of indian programs

                     (including transfer of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments 
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,093,545,000 (reduced 
by $1,000,000) (increased by $1,000,000), to remain available until 
September 30, 2009 except as otherwise provided herein, of which not to 
exceed $80,179,000 shall be for welfare assistance payments: Provided, 
That in cases of designated Federal disasters, the Secretary may exceed 
such cap, from the amounts provided herein, to provide for disaster 
relief to Indian communities affected by the disaster; notwithstanding 
any other provision of law, including but not limited to the Indian 
Self-Determination Act of 1975, as amended, not to exceed $149,628,000 
shall be available for payments for contract support costs associated 
with ongoing contracts, grants, compacts, or annual funding agreements 
entered into with the Bureau prior to or during fiscal year 2008, as 
authorized by such Act, except that federally-recognized tribes may use 
their tribal priority allocations for unmet contract support costs of 
ongoing contracts, grants, or compacts, or annual funding agreements 
and for unmet welfare assistance costs; of which not to exceed 
$487,500,000 for school operations costs of Bureau-funded schools and 
other education programs shall become available on July 1, 2008, and 
shall remain available until September 30, 2009; and of which not to 
exceed $66,822,000 shall remain available until expended for housing 
improvement, road maintenance, attorney fees, litigation support, the 
Indian Self-Determination Fund, land records improvement, and the 
Navajo-Hopi Settlement Program: Provided further, That notwithstanding 
any other provision of law, including but not limited to the Indian 
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to 
exceed $44,060,000 within and only from such amounts made available for 
school operations shall be available for administrative cost grants 
associated with ongoing grants entered into with the Bureau prior to or 
during fiscal year 2007 for the operation of Bureau-funded schools, and 
up to $500,000 within and only from such amounts made available for 
school operations shall be available for the transitional costs of 
initial administrative cost grants to grantees that enter into grants 
for the operation on or after July 1, 2007, of Bureau-operated schools: 
Provided further, That any forestry funds allocated to a federally-
recognized tribe which remain unobligated as of September 30, 2009, may 
be transferred during fiscal year 2010 to an Indian forest land 
assistance account established for the benefit of the holder of the 
funds within the tribe's trust fund account: Provided further, That any 
such unobligated balances not so transferred shall expire on September 
30, 2010.

                              construction

                     (including transfer of funds)

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
facilities, including architectural and engineering services by 
contract; acquisition of lands, and interests in lands; and preparation 
of lands for farming, and for construction of the Navajo Indian 
Irrigation Project pursuant to Public Law 87-483, $207,983,000, to 
remain available until expended: Provided, That such amounts as may be 
available for the construction of the Navajo Indian Irrigation Project 
may be transferred to the Bureau of Reclamation: Provided further, That 
not to exceed 6 percent of contract authority available to the Bureau 
of Indian Affairs from the Federal Highway Trust Fund may be used to 
cover the road program management costs of the Bureau: Provided 
further, That any funds provided for the Safety of Dams program 
pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable 
basis: Provided further, That for fiscal year 2008, in implementing new 
construction or facilities improvement and repair project grants in 
excess of $100,000 that are provided to grant schools under Public Law 
100-297, as amended, the Secretary of the Interior shall use the 
Administrative and Audit Requirements and Cost Principles for 
Assistance Programs contained in 43 CFR part 12 as the regulatory 
requirements: Provided further, That such grants shall not be subject 
to section 12.61 of 43 CFR; the Secretary and the grantee shall 
negotiate and determine a schedule of payments for the work to be 
performed: Provided further, That in considering applications, the 
Secretary shall consider whether such grantee would be deficient in 
assuring that the construction projects conform to applicable building 
standards and codes and Federal, tribal, or State health and safety 
standards as required by 25 U.S.C. 2005(b), with respect to 
organizational and financial management capabilities: Provided further, 
That if the Secretary declines an application, the Secretary shall 
follow the requirements contained in 25 U.S.C. 2504(f): Provided 
further, That any disputes between the Secretary and any grantee 
concerning a grant shall be subject to the disputes provision in 25 
U.S.C. 2507(e): Provided further, That in order to ensure timely 
completion of replacement school construction projects, the Secretary 
may assume control of a project and all funds related to the project, 
if, within eighteen months of the date of enactment of this Act, any 
grantee receiving funds appropriated in this Act or in any prior Act, 
has not completed the planning and design phase of the project and 
commenced construction of the replacement school: Provided further, 
That this Appropriation may be reimbursed from the Office of the 
Special Trustee for American Indians Appropriation for the appropriate 
share of construction costs for space expansion needed in agency 
offices to meet trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

    For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursuant to 
Public Laws 99-264, 100-580, 101-618, 107-331, 108-447, 109-379, 109-
429, and 109-479, and for implementation of other land and water rights 
settlements, $39,136,000 to remain available until expended.

                 indian guaranteed loan program account

    For the cost of guaranteed and insured loans, $6,276,000, of which 
$700,000 is for administrative expenses, as authorized by the Indian 
Financing Act of 1974, as amended: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That these 
funds are available to subsidize total loan principal, any part of 
which is to be guaranteed, not to exceed $85,506,098.

                       administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
and the Indian Guaranteed Loan Program account) shall be available for 
expenses of exhibits.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office oversight and Executive 
Direction and Administrative Services (except executive direction and 
administrative services funding for Tribal Priority Allocations and 
regional offices) shall be available for contracts, grants, compacts, 
or cooperative agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
    In the event any federally-recognized tribe returns appropriations 
made available by this Act to the Bureau of Indian Affairs, this action 
shall not diminish the Federal Government's trust responsibility to 
that tribe, or the government-to-government relationship between the 
United States and that tribe, or that tribe's ability to access future 
appropriations.
    Notwithstanding any other provision of law, no funds available to 
the Bureau, other than the amounts provided herein for assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available to 
support the operation of any elementary or secondary school in the 
State of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. No funds available to the 
Bureau shall be used to support expanded grades for any school or 
dormitory beyond the grade structure in place or approved by the 
Secretary of the Interior at each school in the Bureau school system as 
of October 1, 1995. Funds made available under this Act may not be used 
to establish a charter school at a Bureau-funded school (as that term 
is defined in section 1146 of the Education Amendments of 1978 (25 
U.S.C. 2026)), except that a charter school that is in existence on the 
date of the enactment of this Act and that has operated at a Bureau-
funded school before September 1, 1999, may continue to operate during 
that period, but only if the charter school pays to the Bureau a pro 
rata share of funds to reimburse the Bureau for the use of the real and 
personal property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school programs of the State 
in which the school is located if the charter school loses such 
funding. Employees of Bureau-funded schools sharing a campus with a 
charter school and performing functions related to the charter school's 
operation and employees of a charter school shall not be treated as 
Federal employees for purposes of chapter 171 of title 28, United 
States Code.
    Notwithstanding 25 U.S.C. 2007(d), and implementing regulations, 
the funds reserved from the Indian Student Equalization Program to meet 
emergencies and unforeseen contingencies affecting education programs 
appropriated herein and in Public Law 109-54 may be used for costs 
associated with significant student enrollment increases at Bureau-
funded schools during the relevant school year.
    Notwithstanding any other provision of law, including section 113 
of title I of appendix C of Public Law 106-113, if in fiscal year 2003 
or 2004 a grantee received indirect and administrative costs pursuant 
to a distribution formula based on section 5(f) of Public Law 101-301, 
the Secretary shall continue to distribute indirect and administrative 
cost funds to such grantee using the section 5(f) distribution formula.

                          Departmental Offices

                        Office of the Secretary

                         salaries and expenses

For necessary expenses for management of the Department of the 
Interior, $136,413,000 (reduced by $1,000,000) (reduced by $5,000,000) 
(reduced by $23,000,000), of which $35,262,000 (reduced by $23,000,000) 
for activities related to the Financial and Business Management System 
shall remain available until expended, and of which not to exceed 
$15,000 may be for official reception and representation expenses, and 
of which up to $1,000,000 shall be available for workers compensation 
payments and unemployment compensation payments associated with the 
orderly closure of the United States Bureau of Mines.

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $78,292,000, of which: 
(1) $69,816,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and 
brown tree snake control and research; grants to the judiciary in 
American Samoa for compensation and expenses, as authorized by law (48 
U.S.C. 1661(c)); grants to the Government of American Samoa, in 
addition to current local revenues, for construction and support of 
governmental functions; grants to the Government of the Virgin Islands 
as authorized by law; grants to the Government of Guam, as authorized 
by law; and grants to the Government of the Northern Mariana Islands as 
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $8,476,000 
shall be available until September 30, 2009 for salaries and expenses 
of the Office of Insular Affairs: Provided, That all financial 
transactions of the territorial and local governments herein provided 
for, including such transactions of all agencies or instrumentalities 
established or used by such governments, may be audited by the 
Government Accountability Office, at its discretion, in accordance with 
chapter 35 of title 31, United States Code: Provided further, That 
Northern Mariana Islands Covenant grant funding shall be provided 
according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104-134: Provided 
further, That of the amounts provided for technical assistance, 
sufficient funds shall be made available for a grant to the Pacific 
Basin Development Council: Provided further, That of the amounts 
provided for technical assistance, sufficient funding shall be made 
available for a grant to the Close Up Foundation: Provided further, 
That the funds for the program of operations and maintenance 
improvement are appropriated to institutionalize routine operations and 
maintenance improvement of capital infrastructure with territorial 
participation and cost sharing to be determined by the Secretary based 
on the grantee's commitment to timely maintenance of its capital 
assets: Provided further, That any appropriation for disaster 
assistance under this heading in this Act or previous appropriations 
Acts may be used as non-Federal matching funds for the purpose of 
hazard mitigation grants provided pursuant to section 404 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170c).

                      compact of free association

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

                        Office of the Solicitor

                         salaries and expenses

    For necessary expenses of the Office of the Solicitor, $59,250,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$43,822,000.

             Office of Special Trustee for American Indians

                         federal trust programs

    For the operation of trust programs by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $182,542,000, 
to remain available until expended, of which not to exceed $56,384,000 
from this or any other Act, shall be available for historical 
accounting: Provided, That funds for trust management improvements and 
litigation support may, as needed, be transferred to or merged with the 
Bureau of Indian Affairs, ``Operation of Indian Programs'' account; the 
Office of the Solicitor, ``Salaries and Expenses'' account; and the 
Office of the Secretary, ``Salaries and Expenses'' account: Provided 
further, That funds made available through contracts or grants 
obligated during fiscal year 2008, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain 
available until expended by the contractor or grantee: Provided 
further, That, notwithstanding any other provision of law, the statute 
of limitations shall not commence to run on any claim, including any 
claim in litigation pending on the date of the enactment of this Act, 
concerning losses to or mismanagement of trust funds, until the 
affected tribe or individual Indian has been furnished with an 
accounting of such funds from which the beneficiary can determine 
whether there has been a loss: Provided further, That, notwithstanding 
any other provision of law, the Secretary shall not be required to 
provide a quarterly statement of performance for any Indian trust 
account that has not had activity for at least 18 months and has a 
balance of $15.00 or less: Provided further, That the Secretary shall 
issue an annual account statement and maintain a record of any such 
accounts and shall permit the balance in each such account to be 
withdrawn upon the express written request of the account holder: 
Provided further, That not to exceed $50,000 is available for the 
Secretary to make payments to correct administrative errors of either 
disbursements from or deposits to Individual Indian Money or Tribal 
accounts after September 30, 2002: Provided further, That erroneous 
payments that are recovered shall be credited to and remain available 
in this account for this purpose.

                       indian land consolidation

    For consolidation of fractional interests in Indian lands and 
expenses associated with redetermining and redistributing escheated 
interests in allotted lands, and for necessary expenses to carry out 
the Indian Land Consolidation Act of 1983, as amended, by direct 
expenditure or cooperative agreement, $10,000,000, to remain available 
until expended, and which may be transferred to the Bureau of Indian 
Affairs and Office of the Secretary accounts.

                        Department-Wide Programs

                       payments in lieu of taxes

    For expenses necessary to implement the Act of October 20, 1976, as 
amended (31 U.S.C. 6901-6907), $232,528,000 (increased by $20,148,000), 
of which not to exceed $400,000 shall be available for administrative 
expenses: Provided, That no payment shall be made to otherwise eligible 
units of local government if the computed amount of the payment is less 
than $100.

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior and any of 
its component offices and bureaus for the remedial action, including 
associated activities, of hazardous waste substances, pollutants, or 
contaminants pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$9,954,000, to remain available until expended: Provided, That 
hereafter, notwithstanding 31 U.S.C. 3302, sums recovered from or paid 
by a party in advance of or as reimbursement for remedial action or 
response activities conducted by the Department pursuant to section 107 
or 113(f) of such Act, shall be credited to this account, to be 
available until expended without further appropriation: Provided 
further, That hereafter such sums recovered from or paid by any party 
are not limited to monetary payments and may include stocks, bonds or 
other personal or real property, which may be retained, liquidated, or 
otherwise disposed of by the Secretary and which shall be credited to 
this account.

           Natural Resource Damage Assessment and Restoration

                natural resource damage assessment fund

    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-337, 
as amended (16 U.S.C. 19jj et seq.), $6,224,000, to remain available 
until expended.

                       administrative provisions

    There is hereby authorized for acquisition from available resources 
within the Working Capital Fund, 15 aircraft, 10 of which shall be for 
replacement and which may be obtained by donation, purchase or through 
available excess surplus property: Provided, That existing aircraft 
being replaced may be sold, with proceeds derived or trade-in value 
used to offset the purchase price for the replacement aircraft.

             General Provisions, Department of the Interior

                     (including transfers of funds)

    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; purchase and replacement of motor vehicles, including 
specially equipped law enforcement vehicles; 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 oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 106. 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. 107. 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 federally-recognized tribe shall receive 
a reduction in Tribal Priority Allocation funds of more than 10 percent 
in fiscal year 2008. Under circumstances of dual enrollment, 
overlapping service areas or inaccurate distribution methodologies, the 
10 percent limitation does not apply.
    Sec. 108. 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 16 U.S.C. 460zz.
    Sec. 109. The Secretary of the Interior may hereafter 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. 110. 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. Kempthorne 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. 111. 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. Kempthorne 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. Kempthorne.
    Sec. 112. 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. 113. 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 2008 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 federally-recognized 
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 federally-recognized tribes or their members.
    Sec. 114. 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. 115. None of the funds made available in this Act may be used 
to issue any new lease that authorizes production of oil or natural gas 
under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to 
any lessee under an existing lease issued by the Department of the 
Interior pursuant to the Outer Continental Shelf Deep Water Royalty 
Relief Act (43 U.S.C. 1337 note), where such existing lease is not 
subject to limitations on royalty relief based on market price.

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

                         science and technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended; necessary expenses for personnel and 
related costs and travel expenses, including uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized 
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per 
diem rate equivalent to the maximum rate payable for senior level 
positions under 5 U.S.C. 5376; procurement of laboratory equipment and 
supplies; other operating expenses in support of research and 
development; construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project, 
$788,269,000 (reduced by $5,000,000) (reduced by $1,000,000) (increased 
by $1,000,000) (reduced by $3,884,000) (increased by $3,884,000), to 
remain available until September 30, 2009.

         commission on climate change adaptation and mitigation

                     (including transfers of funds)

    For expenses necessary for support of the activities of the 
Commission on Climate Change Adaptation and Mitigation established by 
this Act, $50,000,000, to remain available until the termination of the 
Commission on September 30, 2009: Provided, That $5,000,000 shall be 
available to the Administrator of the Environmental Protection Agency 
for the direct support of the Commission in reviewing science 
challenges related to adaptation and mitigation strategies necessitated 
by climate change, and for identification of specific action steps to 
address these challenges: Provided further, That funding allocated for 
direct support of Commission activities shall include the salaries and 
expenses of Commission staff, travel and related costs of Commission 
members and for the contractual costs of the National Academy of 
Sciences: Provided further, That, not later than July 1, 2008, the 
remaining $45,000,000 shall be transferred by the Administrator to 
agencies or offices of the Federal Government with climate science 
responsibilities for implementation of Commission recommendations.
    The Commission established and financed with this appropriation 
shall consist of the Administrator of the Environmental Protection 
Agency, the Director of the National Science Foundation, the 
Administrator of the National Aeronautics and Space Administration, the 
Director of the United States Geological Survey, the Undersecretary for 
Science of the Department of Energy, the Administrator of the National 
Oceanographic and Atmospheric Administration, the Chief of the United 
States Forest Service, the President of the National Academy of 
Sciences, who shall serve as the Commission's Chairman, the President 
of the National Academy of Engineering, and six additional members with 
appropriate expertise, to be selected by the Chairman.

                 environmental programs and management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses, including uniforms, or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the maximum rate payable for senior level positions under 
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase of reprints; library memberships in 
societies or associations which issue publications to members only or 
at a price to members lower than to subscribers who are not members; 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $85,000 per project; and not to exceed $9,000 
for official reception and representation expenses, $2,375,582,000 
(reduced by $5,000,000) (reduced by $2,500,000) (increased by 
$2,500,000), to remain available until September 30, 2009, including 
administrative costs of the brownfields program under the Small 
Business Liability Relief and Brownfields Revitalization Act of 2002.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project, 
$43,500,000, to remain available until September 30, 2009.

                        buildings and facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $34,801,000, to remain available until 
expended.

                     hazardous substance superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project; 
$1,272,008,000, to remain available until expended, consisting of such 
sums as are available in the Trust Fund on September 30, 2007, as 
authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $1,272,008,000, as a 
payment from general revenues to the Hazardous Substance Superfund for 
purposes as authorized by section 517(b) of SARA, as amended: Provided, 
That funds appropriated under this heading may be allocated to other 
Federal agencies in accordance with section 111(a) of CERCLA: Provided 
further, That of the funds appropriated under this heading, $10,000,000 
shall be paid to the ``Office of Inspector General'' appropriation to 
remain available until September 30, 2009, and $26,126,000 shall be 
paid to the ``Science and Technology'' appropriation, to remain 
available until September 30, 2009.

          leaking underground storage tank trust fund program

    For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by subtitle I of the Solid Waste 
Disposal Act, as amended, and for construction, alteration, repair, 
rehabilitation, and renovation of Environmental Protection Agency 
facilities, not to exceed $85,000 per project, $117,961,000 to remain 
available until expended, of which $82,461,000 shall be for carrying 
out leaking underground storage tank cleanup activities authorized by 
section 9003(h) of the Solid Waste Disposal Act, as amended; 
$35,500,000 shall be for carrying out the other provisions of the Solid 
Waste Disposal Act specified in section 9508(c) of the Internal Revenue 
Code, as amended: Provided, That the Administrator is authorized to use 
appropriations made available under this heading to implement section 
9013 of the Solid Waste Disposal Act to provide financial assistance to 
federally-recognized Indian tribes for the development and 
implementation of programs to manage underground storage tanks.

                           oil spill response

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$17,280,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   state and tribal assistance grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $3,391,514,000 (increased by $15,000,000), to 
remain available until expended, of which $1,125,000,000 shall be for 
making capitalization grants for the Clean Water State Revolving Funds 
under title VI of the Federal Water Pollution Control Act, as amended 
(the ``Act''); of which up to $75,000,000 shall be available for loans, 
including interest free loans as authorized by 33 U.S.C. 1383(d)(1)(A), 
to municipal, inter-municipal, interstate, or State agencies or 
nonprofit entities for projects that provide treatment for or that 
minimize sewage or stormwater discharges using one or more approaches 
which include, but are not limited to, decentralized or distributed 
stormwater controls, decentralized wastewater treatment, low-impact 
development practices, conservation easements, stream buffers, or 
wetlands restoration; $842,167,000 shall be for capitalization grants 
for the Drinking Water State Revolving Funds under section 1452 of the 
Safe Drinking Water Act, as amended; $10,000,000 (increased by 
$15,000,000) shall be for architectural, engineering, planning, design, 
construction and related activities in connection with the construction 
of high priority water and wastewater facilities in the area of the 
United States-Mexico Border, after consultation with the appropriate 
border commission; $10,500,000 shall be for grants to the State of 
Alaska to address drinking water and waste infrastructure needs of 
rural and Alaska Native Villages: Provided, That, of these funds: (1) 
the State of Alaska shall provide a match of 25 percent; (2) no more 
than 5 percent of the funds may be used for administrative and overhead 
expenses; and (3) not later than October 1, 2005, the State of Alaska 
shall make awards consistent with the State-wide priority list 
established in 2004 for all water, sewer, waste disposal, and similar 
projects carried out by the State of Alaska that are funded under 
section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) 
or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 
seq.) which shall allocate not less than 25 percent of the funds 
provided for projects in regional hub communities; $140,000,000 shall 
be for making special project grants for the construction of drinking 
water, wastewater and storm water infrastructure and for water quality 
protection, and, for purposes of these grants, each grantee shall 
contribute not less than 45 percent of the cost of the project unless 
the grantee is approved for a waiver by the Agency; $100,000,000 shall 
be to carry out section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including grants, interagency agreements, and associated program 
support costs; $50,000,000 shall be for grants under title VII, 
subtitle G of the Energy Policy Act of 2005, as amended; and 
$1,113,847,000 shall be for grants, including associated program 
support costs, to States, federally-recognized tribes, interstate 
agencies, tribal consortia, and air pollution control agencies for 
multi-media or single media pollution prevention, control and abatement 
and related activities, including activities pursuant to the provisions 
set forth under this heading in Public Law 104-134, and for making 
grants under section 103 of the Clean Air Act for particulate matter 
monitoring and data collection activities subject to terms and 
conditions specified by the Administrator, of which $49,495,000 shall 
be for carrying out section 128 of CERCLA, as amended, $10,000,000 
shall be for Environmental Information Exchange Network grants, 
including associated program support costs, $18,500,000 of the funds 
available for grants under section 106 of the Act shall be for water 
quality monitoring activities, $25,000,000 shall be for making 
competitive targeted watershed grants, and, in addition to funds 
appropriated under the heading ``Leaking Underground Storage Tank Trust 
Fund Program'' to carry out the provisions of the Solid Waste Disposal 
Act specified in section 9508(c) of the Internal Revenue Code other 
than section 9003(h) of the Solid Waste Disposal Act, as amended, 
$2,500,000 shall be for financial assistance to States under section 
2007(f)(2) of the Solid Waste Disposal Act, as amended: Provided 
further, That notwithstanding section 603(d)(7) of the Federal Water 
Pollution Control Act, the limitation on the amounts in a State water 
pollution control revolving fund that may be used by a State to 
administer the fund shall not apply to amounts included as principal in 
loans made by such fund in fiscal year 2008 and prior years where such 
amounts represent costs of administering the fund to the extent that 
such amounts are or were deemed reasonable by the Administrator, 
accounted for separately from other assets in the fund, and used for 
eligible purposes of the fund, including administration: Provided 
further, That for fiscal year 2008, and notwithstanding section 518(f) 
of the Act, the Administrator is authorized to use the amounts 
appropriated for any fiscal year under section 319 of that Act to make 
grants to federally-recognized Indian tribes pursuant to sections 
319(h) and 518(e) of that Act: Provided further, That for fiscal year 
2008, notwithstanding the limitation on amounts in section 518(c) of 
the Act, up to a total of 1\1/2\ percent of the funds appropriated for 
State Revolving Funds under title VI of that Act may be reserved by the 
Administrator for grants under section 518(c) of that Act: Provided 
further, That no funds provided by this appropriations Act to address 
the water, wastewater and other critical infrastructure needs of the 
colonias in the United States along the United States-Mexico border 
shall be made available to a county or municipal government unless that 
government has established an enforceable local ordinance, or other 
zoning rule, which prevents in that jurisdiction the development or 
construction of any additional colonia areas, or the development within 
an existing colonia the construction of any new home, business, or 
other structure which lacks water, wastewater, or other necessary 
infrastructure.

       administrative provisions, environmental protection agency

                    (including rescissions of funds)

    For fiscal year 2008, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, in 
carrying out the Agency's function to implement directly Federal 
environmental programs required or authorized by law in the absence of 
an acceptable tribal program, may award cooperative agreements to 
federally-recognized Indian Tribes or Intertribal consortia, if 
authorized by their member Tribes, to assist the Administrator in 
implementing Federal environmental programs for Indian Tribes required 
or authorized by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act (as added by subsection (f)(2) of the Pesticide 
Registration Improvement Act of 2003), as amended.
    None of the funds provided in this Act may be used, directly or 
through grants, to pay or to provide reimbursement for payment of the 
salary of a consultant (whether retained by the Federal Government or a 
grantee) at more than the daily equivalent of the rate paid for level 
IV of the Executive Schedule, unless specifically authorized by law.
    From unobligated balances to carry out projects and activities 
authorized under section 206(a) of the Federal Water Pollution Control 
Act, $5,000,000 are hereby rescinded.
    None of the funds made available by this Act may be used in 
contravention of, or to delay the implementation of, Executive Order 
No. 12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal 
actions to address environmental justice in minority populations and 
low-income populations).
    Of the funds provided in the Environmental Programs and Management 
account, not less than $2,000,000 shall be available to take such 
actions as are necessary for the proposal of regulations requiring the 
reduction of greenhouse gas emissions and to publish such proposed 
regulations.

                      TITLE III--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

    For necessary expenses of forest and rangeland research as 
authorized by law, $295,937,000, to remain available until expended: 
Provided, That of the funds provided, $62,329,000 is for the forest 
inventory and analysis program.

                       state and private forestry

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, including treatments of 
pests, pathogens, and invasive or noxious plants and for restoring and 
rehabilitating forests damaged by pests or invasive plants, cooperative 
forestry, and education and land conservation activities and conducting 
an international program as authorized, $280,602,000, to remain 
available until expended, as authorized by law; of which $8,000,000 is 
for the International Program; and of which $56,336,000 is to be 
derived from the Land and Water Conservation Fund.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,506,502,000, to remain available 
until expended, which shall include 50 percent of all moneys received 
during prior fiscal years as fees collected under the Land and Water 
Conservation Fund Act of 1965, as amended, in accordance with section 4 
of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances 
under this heading available at the start of fiscal year 2008 shall be 
displayed by budget line item in the fiscal year 2009 budget 
justification.

                  capital improvement and maintenance

                     (including transfers of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, $480,197,000, to remain available until expended, for 
construction, capital improvement, maintenance and acquisition of 
buildings and other facilities, and infrastructure; and for 
construction, capital improvement, decommissioning, and maintenance of 
forest roads and trails by the Forest Service as authorized by 16 
U.S.C. 532-538 and 23 U.S.C. 101 and 205; and in addition $40,000,000 
to be transferred from the timber roads purchaser election fund and 
merged with this account, to remain available until expended: Provided, 
That $65,000,000 shall be designated for urgently needed road 
decommissioning, road and trail repair and maintenance and associated 
activities, and removal of fish passage barriers, especially in areas 
where Forest Service roads may be contributing to water quality 
problems in streams and water bodies which support threatened, 
endangered or sensitive species or community water sources and for 
urgently needed road repairs required due to recent storm events: 
Provided further, That up to $65,000,000 of the funds provided herein 
for road maintenance shall be available for the decommissioning of 
roads, including unauthorized roads not part of the transportation 
system, which are no longer needed: Provided further, That the 
decommissioning of unauthorized roads not part of the official 
transportation system shall be expedited in response to threats to 
public safety, water quality, or natural resources: Provided further, 
That funds becoming available in fiscal year 2008 under the Act of 
March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund 
of the Treasury and shall not be available for transfer or obligation 
for any other purpose unless the funds are appropriated.

                            land acquisition

    For expenses necessary to carry out the provisions of the Land and 
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
through 11), including administrative expenses, and for acquisition of 
land or waters, or interest therein, in accordance with statutory 
authority applicable to the Forest Service, $44,485,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $56,000, to remain 
available until expended, to be derived from the fund established 
pursuant to the above Act.

        management of national forest lands for subsistence uses

    For necessary expenses of the Forest Service to manage Federal 
lands in Alaska for subsistence uses under title VIII of the Alaska 
National Interest Lands Conservation Act (Public Law 96-487), 
$5,053,000, to remain available until expended.

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands 
and water, $1,974,648,000, to remain available until expended: 
Provided, That such funds including unobligated balances under this 
heading, are available for repayment of advances from other 
appropriations accounts previously transferred for such purposes: 
Provided further, That such funds shall be available to reimburse State 
and other cooperating entities for services provided in response to 
wildfire and other emergencies or disasters to the extent such 
reimbursements by the Forest Service for non-fire emergencies are fully 
repaid by the responsible emergency management agency: Provided 
further, That not less than 50 percent of any unobligated balances 
remaining (exclusive of amounts for hazardous fuels reduction) at the 
end of fiscal year 2007 shall be transferred to the fund established 
pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.) if 
necessary to reimburse the fund for unpaid past advances: Provided 
further, That, notwithstanding any other provision of law, $8,000,000 
of funds appropriated under this appropriation shall be used for Fire 
Science Research in support of the Joint Fire Science Program: Provided 
further, That all authorities for the use of funds, including the use 
of contracts, grants, and cooperative agreements, available to execute 
the Forest and Rangeland Research appropriation, are also available in 
the utilization of these funds for Fire Science Research: Provided 
further, That funds provided shall be available for emergency 
rehabilitation and restoration, hazardous fuels reduction activities in 
the urban-wildland interface, support to Federal emergency response, 
and wildfire suppression activities of the Forest Service: Provided 
further, That of the funds provided, $310,258,000 is for hazardous 
fuels reduction activities, $18,000,000 is for rehabilitation and 
restoration, $23,500,000 is for research activities and to make 
competitive research grants pursuant to the Forest and Rangeland 
Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 
$46,221,000 is for State fire assistance, $10,000,000 is for volunteer 
fire assistance, $14,252,000 is for forest health activities on Federal 
lands and $10,014,000 is for forest health activities on State and 
private lands: Provided further, That amounts in this paragraph may be 
transferred to the ``State and Private Forestry'', ``National Forest 
System'', and ``Forest and Rangeland Research'' accounts to fund State 
fire assistance, volunteer fire assistance, forest health management, 
forest and rangeland research, joint fire sciences, vegetation and 
watershed management, heritage site rehabilitation, and wildlife and 
fish habitat management and restoration: Provided further, That 
transfers of any amounts in excess of those authorized in this 
paragraph, shall require approval of the House and Senate Committees on 
Appropriations in compliance with reprogramming procedures contained in 
the report accompanying this Act: Provided further, That the costs of 
implementing any cooperative agreement between the Federal Government 
and any non-Federal entity may be shared, as mutually agreed on by the 
affected parties: Provided further, That in addition to funds provided 
for State Fire Assistance programs, and subject to all authorities 
available to the Forest Service under the State and Private Forestry 
Appropriation, up to $10,000,000 may be used on adjacent non-Federal 
lands for the purpose of protecting communities when hazard reduction 
activities are planned on national forest lands that have the potential 
to place such communities at risk: Provided further, That included in 
funding for hazardous fuel reduction is $5,000,000 for implementing the 
Community Forest Restoration Act, Public Law 106-393, title VI, and any 
portion of such funds shall be available for use on non-Federal lands 
in accordance with authorities available to the Forest Service under 
the State and Private Forestry Appropriation: Provided further, That 
the Secretary of the Interior and the Secretary of Agriculture may 
authorize the transfer of funds appropriated for wildland fire 
management, in an aggregate amount not to exceed $9,000,000, between 
the Departments when such transfers would facilitate and expedite 
jointly funded wildland fire management programs and projects: Provided 
further, That of the funds provided for hazardous fuels reduction, not 
to exceed $7,000,000, may be used to make grants, using any authorities 
available to the Forest Service under the State and Private Forestry 
appropriation, for the purpose of creating incentives for increased use 
of biomass from national forest lands: Provided further, That funds 
designated for wildfire suppression shall be assessed for cost pools on 
the same basis as such assessments are calculated against other agency 
programs.

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire 
of such vehicles; purchase, lease, operation, maintenance, and 
acquisition of aircraft from excess sources to maintain the operable 
fleet for use in Forest Service wildland fire programs and other Forest 
Service programs; notwithstanding other provisions of law, existing 
aircraft being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement aircraft; 
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (4) 
acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 
428a; (5) for expenses pursuant to the Volunteers in the National 
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt 
collection contracts in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions upon notification of the House and Senate Committees 
on Appropriations and if and only if all previously appropriated 
emergency contingent funds under the heading ``Wildland Fire 
Management'' have been released by the President and apportioned and 
all wildfire suppression funds under the heading ``Wildland Fire 
Management'' are obligated.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development in 
connection with forest and rangeland research, technical information, 
and assistance in foreign countries, and shall be available to support 
forestry and related natural resource activities outside the United 
States and its territories and possessions, including technical 
assistance, education and training, and cooperation with United States 
and international organizations.
    None of the funds made available to the Forest Service in this Act 
or any other Act with respect to any fiscal year shall be subject to 
transfer under the provisions of section 702(b) of the Department of 
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public 
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107 
(7 U.S.C. 8316(b)).
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the report accompanying this Act.
    Not more than $73,285,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture and not more than $24,021,000 of funds available to the 
Forest Service shall be transferred to the Department of Agriculture 
for Department Reimbursable Programs, commonly referred to as Greenbook 
charges. Nothing in this paragraph shall prohibit or limit the use of 
reimbursable agreements requested by the Forest Service in order to 
obtain services from the Department of Agriculture's National 
Information Technology Center.
    Funds available to the Forest Service shall be available to conduct 
a program of not less than $5,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the 
Youth Conservation Corps or the Public Lands Corps (Public Law 109-
154).
    Of the funds available to the Forest Service, $4,000 is available 
to the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of 
the funds available to the Forest Service, $3,000,000 may be advanced 
in a lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for administrative 
expenses or projects on or benefitting National Forest System lands or 
related to Forest Service programs: Provided, That of the Federal funds 
made available to the Foundation, no more than $100,000 shall be 
available for administrative expenses: Provided further, That the 
Foundation shall obtain, by the end of the period of Federal financial 
assistance, private contributions to match on at least one-for-one 
basis funds made available by the Forest Service: Provided further, 
That the Foundation may transfer Federal funds to a non-Federal 
recipient for a project at the same rate that the recipient has 
obtained the non-Federal matching funds: Provided further, That 
authorized investments of Federal funds held by the Foundation may be 
made only in interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the United 
States.
    Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the 
funds available to the Forest Service shall be advanced to the National 
Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That such funds shall be matched on at 
least a one-for-one basis by the Foundation or its sub-recipients: 
Provided further, That the Foundation may transfer Federal funds to a 
Federal or non-Federal recipient for a project at the same rate that 
the recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities for sustainable rural development purposes.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    An eligible individual who is employed in any project funded under 
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.
    Any funds appropriated to the Forest Service may be used to meet 
the non-Federal share requirement in section 502(c) of the Older 
American Act of 1965 (42 U.S.C. 3056(c)(2)).
    Funds available to the Forest Service, not to exceed $45,000,000, 
shall be assessed for the purpose of performing facilities maintenance. 
Such assessments shall occur using a square foot rate charged on the 
same basis the agency uses to assess programs for payment of rent, 
utilities, and other support services.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $3,023,532,000, to remain 
available until September 30, 2009, except as otherwise provided 
herein, together with payments received during the fiscal year pursuant 
to 42 U.S.C. 238(b) for services furnished by the Indian Health 
Service: Provided, That funds made available to tribes and tribal 
organizations through contracts, grant agreements, or any other 
agreements or compacts authorized by the Indian Self-Determination and 
Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be 
obligated at the time of the grant or contract award and thereafter 
shall remain available to the tribe or tribal organization without 
fiscal year limitation: Provided further, That up to $18,000,000 shall 
remain available until expended, for the Indian Catastrophic Health 
Emergency Fund: Provided further, That not less than $561,515,000 shall 
be for contract medical care: Provided further, That of the funds 
provided, up to $32,000,000, to remain available until expended, shall 
be used to carry out the loan repayment program under section 108 of 
the Indian Health Care Improvement Act: Provided further, That funds 
provided in this Act may be used for one-year contracts and grants 
which are to be performed in two fiscal years, so long as the total 
obligation is recorded in the year for which the funds are 
appropriated: Provided further, That the amounts collected by the 
Secretary of Health and Human Services under the authority of title IV 
of the Indian Health Care Improvement Act shall remain available until 
expended for the purpose of achieving compliance with the applicable 
conditions and requirements of titles XVIII and XIX of the Social 
Security Act (exclusive of planning, design, or construction of new 
facilities): Provided further, That funding contained herein, and in 
any earlier appropriations Acts for scholarship programs under the 
Indian Health Care Improvement Act (25 U.S.C. 1613), shall remain 
available until expended: Provided further, That amounts received by 
tribes and tribal organizations under title IV of the Indian Health 
Care Improvement Act shall be reported and accounted for and available 
to the receiving tribes and tribal organizations until expended: 
Provided further, That, notwithstanding any other provision of law, of 
the amounts provided herein, not to exceed $274,638,000 shall be for 
payments to tribes and tribal organizations for contract or grant 
support costs associated with contracts, grants, self-governance 
compacts or annual funding agreements between the Indian Health Service 
and a tribe or tribal organization pursuant to the Indian Self-
Determination Act of 1975, as amended, prior to or during fiscal year 
2008, of which not to exceed $5,000,000 may be used for contract 
support costs associated with new or expanded self-determination 
contracts, grants, self-governance compacts or annual funding 
agreements: Provided further, That the Bureau of Indian Affairs may 
collect from the Indian Health Service and tribes and tribal 
organizations operating health facilities pursuant to Public Law 93-638 
such individually identifiable health information relating to disabled 
children as may be necessary for the purpose of carrying out its 
functions under the Individuals with Disabilities Education Act, 20 
U.S.C. 1400, et seq.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment 
of health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the 
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination 
Act, and the Indian Health Care Improvement Act, and for expenses 
necessary to carry out such Acts and titles II and III of the Public 
Health Service Act with respect to environmental health and facilities 
support activities of the Indian Health Service, $360,895,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, funds appropriated for the planning, design, 
construction or renovation of health facilities for the benefit of a 
federally-recognized Indian tribe or tribes may be used to purchase 
land for sites to construct, improve, or enlarge health or related 
facilities: Provided further, That not to exceed $500,000 shall be used 
by the Indian Health Service to purchase TRANSAM equipment from the 
Department of Defense for distribution to the Indian Health Service and 
tribal facilities: Provided further, That none of the funds 
appropriated to the Indian Health Service may be used for sanitation 
facilities construction for new homes funded with grants by the housing 
programs of the United States Department of Housing and Urban 
Development: Provided further, That not to exceed $1,000,000 from this 
account and the ``Indian Health Services'' account shall be used by the 
Indian Health Service to obtain ambulances for the Indian Health 
Service and tribal facilities in conjunction with an existing 
interagency agreement between the Indian Health Service and the General 
Services Administration: Provided further, That not to exceed $500,000 
shall be placed in a Demolition Fund, available until expended, to be 
used by the Indian Health Service for demolition of Federal buildings.

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefor as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings which are concerned with the functions or activities for which 
the appropriation is made or which will contribute to improved conduct, 
supervision, or management of those functions or activities.
    In accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health care at all 
tribally administered or Indian Health Service facilities, subject to 
charges, and the proceeds along with funds recovered under the Federal 
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to 
the account of the facility providing the service and shall be 
available without fiscal year limitation. Notwithstanding any other law 
or regulation, funds transferred from the Department of Housing and 
Urban Development to the Indian Health Service shall be administered 
under Public Law 86-121 (the Indian Sanitation Facilities Act) and 
Public Law 93-638, as amended.
    Funds appropriated to the Indian Health Service in this Act, except 
those used for administrative and program direction purposes, shall not 
be subject to limitations directed at curtailing Federal travel and 
transportation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used for any assessments or charges by the Department 
of Health and Human Services unless identified in the budget 
justification and provided in this Act, or approved by the House and 
Senate Committees on Appropriations through the reprogramming process.
    Notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), may be deobligated and reobligated to a self-determination 
contract under title I, or a self-governance agreement under title V of 
such Act and thereafter shall remain available to the tribe or tribal 
organization without fiscal year limitation.
    None of the funds made available to the Indian Health Service in 
this Act shall be used to implement the final rule published in the 
Federal Register on September 16, 1987, by the Department of Health and 
Human Services, relating to the eligibility for the health care 
services of the Indian Health Service until the Indian Health Service 
has submitted a budget request reflecting the increased costs 
associated with the proposed final rule, and such request has been 
included in an appropriations Act and enacted into law.
    With respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities, on a 
reimbursable basis, including payment in advance with subsequent 
adjustment. The reimbursements received therefrom, along with the funds 
received from those entities pursuant to the Indian Self-Determination 
Act, may be credited to the same or subsequent appropriation account 
which provided the funding. Such amounts shall remain available until 
expended.
    Reimbursements for training, technical assistance, or services 
provided by the Indian Health Service will contain total costs, 
including direct, administrative, and overhead associated with the 
provision of goods, services, or technical assistance.
    The appropriation structure for the Indian Health Service may not 
be altered without advance notification to the House and Senate 
Committees on Appropriations.

                     National Institutes of Health

          national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended, and section 126(g) of the Superfund 
Amendments and Reauthorization Act of 1986, $79,117,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended; section 118(f) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the 
Solid Waste Disposal Act, as amended, $75,212,000 (increased by 
$1,000,000) (reduced by $1,000,000), of which up to $1,500,000, to 
remain available until expended, is for Individual Learning Accounts 
for full-time equivalent employees of the Agency for Toxic Substances 
and Disease Registry: Provided, That notwithstanding any other 
provision of law, in lieu of performing a health assessment under 
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct 
other appropriate health studies, evaluations, or activities, 
including, without limitation, biomedical testing, clinical 
evaluations, medical monitoring, and referral to accredited health care 
providers: Provided further, That in performing any such health 
assessment or health study, evaluation, or activity, the Administrator 
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of 
CERCLA.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental Quality 
pursuant to the National Environmental Policy Act of 1969, the 
Environmental Quality Improvement Act of 1970, and Reorganization Plan 
No. 1 of 1977, and not to exceed $750 for official reception and 
representation expenses, $2,703,000: Provided, That notwithstanding 
section 202 of the National Environmental Policy Act of 1970, the 
Council shall consist of one member, appointed by the President, by and 
with the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

    For necessary expenses in carrying out activities pursuant to 
section 112(r)(6) of the Clean Air Act, as amended, including hire of 
passenger vehicles, uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at 
rates for individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 5376, 
$9,549,000: Provided, That the Chemical Safety and Hazard Investigation 
Board shall have not more than three career Senior Executive Service 
positions: Provided further, that notwithstanding any other provision 
of law, the individual appointed to the position of Inspector General 
of the Environmental Protection Agency (EPA) shall, by virtue of such 
appointment, also hold the position of Inspector General of the Board: 
Provided further, That notwithstanding any other provision of law, the 
Inspector General of the Board shall utilize personnel of the Office of 
Inspector General of EPA in performing the duties of the Inspector 
General of the Board, and shall not appoint any individuals to 
positions within the Board.

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $9,000,000, to remain 
available until expended: Provided, That funds provided in this or any 
other appropriations Act are to be used to relocate eligible 
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories: Provided further, That none of the funds 
contained in this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo family 
who, as of November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement home is 
provided for such household: Provided further, That no relocatee will 
be provided with more than one new or replacement home: Provided 
further, That the Office shall relocate any certified eligible 
relocatees who have selected and received an approved homesite on the 
Navajo reservation or selected a replacement residence off the Navajo 
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

    For payment to the Institute of American Indian and Alaska Native 
Culture and Arts Development, as authorized by title XV of Public Law 
99-498, as amended (20 U.S.C. 56 part A), $7,297,000.

                        Smithsonian Institution

                         salaries and expenses

    For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to five replacement passenger vehicles; purchase, 
rental, repair, and cleaning of uniforms for employees, $536,295,000, 
of which $1,578,000 for fellowships and scholarly awards shall remain 
available until September 30, 2009, including such funds as may be 
necessary to support American overseas research centers: Provided, That 
funds appropriated herein are available for advance payments to 
independent contractors performing research services or participating 
in official Smithsonian presentations.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by 
contract or otherwise, as authorized by section 2 of the Act of August 
22, 1949 (63 Stat. 623), and for construction, including necessary 
personnel, $116,100,000, to remain available until expended, of which 
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109.

                        National Gallery of Art

                         salaries and expenses

    For the upkeep and operations of the National Gallery of Art, the 
protection and care of the works of art therein, and administrative 
expenses incident thereto, as authorized by the Act of March 24, 1937 
(50 Stat. 51), as amended by the public resolution of April 13, 1939 
(Public Resolution 9, Seventy-sixth Congress), including services as 
authorized by 5 U.S.C. 3109; payment in advance when authorized by the 
treasurer of the Gallery for membership in library, museum, and art 
associations or societies whose publications or services are available 
to members only, or to members at a price lower than to the general 
public; purchase, repair, and cleaning of uniforms for guards, and 
uniforms, or allowances therefor, for other employees as authorized by 
law (5 U.S.C. 5901-5902); purchase or rental of devices and services 
for protecting buildings and contents thereof, and maintenance, 
alteration, improvement, and repair of buildings, approaches, and 
grounds; and purchase of services for restoration and repair of works 
of art for the National Gallery of Art by contracts made, without 
advertising, with individuals, firms, or organizations at such rates or 
prices and under such terms and conditions as the Gallery may deem 
proper, $101,850,000, of which not to exceed $3,239,000 for the special 
exhibition program shall remain available until expended.

            repair, restoration and renovation of buildings

    For necessary expenses of repair, restoration and renovation of 
buildings, grounds and facilities owned or occupied by the National 
Gallery of Art, by contract or otherwise, as authorized, $18,017,000, 
to remain available until expended: Provided, That contracts awarded 
for environmental systems, protection systems, and exterior repair or 
renovation of buildings of the National Gallery of Art may be 
negotiated with selected contractors and awarded on the basis of 
contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

    For necessary expenses for the operation, maintenance and security 
of the John F. Kennedy Center for the Performing Arts, $20,200,000.

                     capital repair and restoration

    For necessary expenses for capital repair and restoration of the 
existing features of the building and site of the John F. Kennedy 
Center for the Performing Arts, $23,150,000, to remain available until 
expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

    For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of 
passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$10,000,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $160,000,000 shall be 
available to the National Endowment for the Arts for the support of 
projects and productions in the arts, including arts education and 
public outreach activities, through assistance to organizations and 
individuals pursuant to section 5 of the Act, for program support, and 
for administering the functions of the Act, to remain available until 
expended: Provided, That funds appropriated herein shall be expended in 
accordance with sections 309 and 311 of Public Law 108-447.

                 National Endowment for the Humanities

                       grants and administration

    For necessary expenses to carry out the National Foundation on the 
Arts and the Humanities Act of 1965, as amended, $145,500,000, shall be 
available to the National Endowment for the Humanities for support of 
activities in the humanities, pursuant to section 7(c) of the Act, and 
for administering the functions of the Act, to remain available until 
expended.

                            matching grants

    To carry out the provisions of section 10(a)(2) of the National 
Foundation on the Arts and the Humanities Act of 1965, as amended, 
$14,500,000, to remain available until expended, of which $9,500,000 
shall be available to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been appropriated.

                       administrative provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses: Provided further, That funds from 
nonappropriated sources may be used as necessary for official reception 
and representation expenses: Provided further, That the Chairperson of 
the National Endowment for the Arts may approve grants up to $10,000, 
if in the aggregate this amount does not exceed 5 percent of the sums 
appropriated for grant-making purposes per year: Provided further, That 
such small grant actions are taken pursuant to the terms of an 
expressed and direct delegation of authority from the National Council 
on the Arts to the Chairperson: Provided further, That section 309(1) 
of division E, Public Law 108-447, is amended by inserting ``National 
Opera Fellowship,'' after ``National Heritage Fellowship''.

                        Commission of Fine Arts

                         salaries and expenses

    For expenses made necessary by the Act establishing a Commission of 
Fine Arts (40 U.S.C. 104), $2,092,000: Provided, That the Commission is 
authorized to charge fees to cover the full costs of its publications, 
and such fees shall be credited to this account as an offsetting 
collection, to remain available until expended without further 
appropriation.

               national capital arts and cultural affairs

    For necessary expenses as authorized by Public Law 99-190 (20 
U.S.C. 956a), as amended, $10,000,000: Provided, That no organization 
shall receive a grant in excess of $650,000 in a single year.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $5,348,000: Provided, 
That none of these funds shall be available for compensation of level V 
of the Executive Schedule or higher positions.

                  National Capital Planning Commission

                         salaries and expenses

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

                United States Holocaust Memorial Museum

                       holocaust memorial museum

    For expenses of the Holocaust Memorial Museum, as authorized by 
Public Law 106-292 (36 U.S.C. 2301-2310), $44,996,000, of which 
$515,000 for the equipment replacement program shall remain available 
until September 30, 2009; and $1,900,000 for the museum's repair and 
rehabilitation program and $1,264,000 for the museum's exhibition 
design and production program shall remain available until expended.

                             Presidio Trust

                          presidio trust fund

    For necessary expenses to carry out title I of the Omnibus Parks 
and Public Lands Management Act of 1996, $22,400,000 shall be available 
to the Presidio Trust, to remain available until expended.

      White House Commission on the National Moment of Remembrance

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the White House Commission on the 
National Moment of Remembrance, $200,000, which shall be transferred to 
the Department of Veterans Affairs, ``Departmental Administration, 
General Operating Expenses'' account and be administered by the 
Secretary of Veterans Affairs.

                      TITLE IV--GENERAL PROVISIONS

    Sec. 401. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 402. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which Congressional action is 
not complete other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.
    Sec. 403. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 404. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of 
such department or agency except as otherwise provided by law.
    Sec. 405. Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects, activities and subactivities to 
supportgovernment-wide, departmental, agency or bureau administrative 
functions or headquarters, regional or central operations shall be 
presented in annual budget justifications and subject to approval by 
the Committees on Appropriations. Changes to such estimates shall be 
presented to the Committees on Appropriations for approval.
    Sec. 406. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the 
UnitedStates Government except pursuant to a transfer made by, or 
transferprovided in, this Act or any other Act.
    Sec. 407. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National Forest 
System or Bureau of Land Management lands in a manner different than 
such sales were conducted in fiscal year 2005.
    Sec. 408. (a) Limitation of Funds.--None of the funds appropriated 
or otherwise made available pursuant to this Act shall be obligated or 
expended to accept or process applications for a patent for any mining 
or mill site claim located under the general mining laws.
    (b) Exceptions.--The provisions of subsection (a) shall not apply 
if the Secretary of the Interior determines that, for the claim 
concerned: (1) a patent application was filed with the Secretary on or 
before September 30, 1994; and (2) all requirements established under 
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) 
for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the 
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site 
claims, as the case may be, were fully complied with by the applicant 
by that date.
    (c) Report.--On September 30, 2008, the Secretary of the Interior 
shall file with the House and Senate Committees on Appropriations and 
the Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report on 
actions taken by the Department under the plan submitted pursuant to 
section 314(c) of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications 
in a timely and responsible manner, upon the request of a patent 
applicant, the Secretary of the Interior shall allow the applicant to 
fund a qualified third-party contractor to be selected by the Bureau of 
Land Management to conduct a mineral examination of the mining claims 
or mill sites contained in a patent application as set forth in 
subsection (b). The Bureau of Land Management shall have the sole 
responsibility to choose and pay the third-party contractor in 
accordance with the standard procedures employed by the Bureau of Land 
Management in the retention of third-party contractors.
    Sec. 409. Notwithstanding any other provision of law, amounts 
appropriated in committee reports for the Bureau of Indian Affairs and 
the Indian Health Service by Public Laws 103-138, 103-332, 104-134, 
104-208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-108, 
108-447, 109-54, 109-289, division B and Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109-289, as amended by 
Public Law 110-5) for payments for contract support costs associated 
with self-determination or self-governance contracts, grants, compacts, 
or annual funding agreements with the Bureau of Indian Affairs or the 
Indian Health Service as funded by such Acts, are the total amounts 
available for fiscal years 1994 through 2007 for such purposes, except 
that the Bureau of Indian Affairs and federally-recognized tribes may 
use their tribal priority allocations for unmet contract support costs 
of ongoing contracts, grants, self-governance compacts or annual 
funding agreements.
    Sec. 410. Prior to October 1, 2008, the Secretary of Agriculture 
shall not be considered to be in violation of subparagraph 6(f)(5)(A) 
of the Forest and Rangeland Renewable Resources Planning Act of 1974 
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed 
without revision of the plan for a unit of the National Forest System. 
Nothing in this section exempts the Secretary from any other 
requirement of the Forest and Rangeland Renewable Resources Planning 
Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the 
Secretary is not acting expeditiously and in good faith, within the 
funding available, to revise a plan for a unit of the National Forest 
System, this section shall be void with respect to such plan and a 
court of proper jurisdiction may order completion of the plan on an 
accelerated basis.
    Sec. 411. No funds provided in this Act may be expended to conduct 
preleasing, leasing and related activities under either the Mineral 
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf 
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National 
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 
et seq.) as such boundary existed on January 20, 2001, except where 
such activities are allowed under the Presidential proclamation 
establishing such monument.
    Sec. 412. 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. 413. In awarding a Federal contract with funds made available 
by this Act, notwithstanding Federal Government procurement and 
contracting laws, the Secretary of Agriculture and the Secretary of the 
Interior (the ``Secretaries'') may, in evaluating bids and proposals, 
give consideration to local contractors who are from, and who provide 
employment and training for, dislocated and displaced workers in an 
economically disadvantaged rural community, including those 
historically timber-dependent areas that have been affected by reduced 
timber harvesting on Federal lands and other forest-dependent rural 
communities isolated from significant alternative employment 
opportunities: Provided, That notwithstanding Federal Government 
procurement and contracting laws the Secretaries may award contracts, 
grants or cooperative agreements to local non-profit entities, Youth 
Conservation Corps or related partnerships with State, local or non-
profit youth groups, or small or micro-business or disadvantaged 
business: Provided further, That the contract, grant, or cooperative 
agreement is for forest hazardous fuels reduction, watershed or water 
quality monitoring or restoration, wildlife or fish population 
monitoring, or habitat restoration or management: Provided further, 
That the terms ``rural community'' and ``economically disadvantaged'' 
shall have the same meanings as in section 2374 of Public Law 101-624: 
Provided further, That the Secretaries shall develop guidance to 
implement this section: Provided further, That nothing in this section 
shall be construed as relieving the Secretaries of any duty under 
applicable procurement laws, except as provided in this section.
    Sec. 414. (a) Limitation on Competitive Sourcing Studies.--
            (1) Of the funds made available by this or any other Act to 
        the Department of the Interior for fiscal year 2008, not more 
        than $3,450,000 may be used by the Secretary of the Interior to 
        initiate or continue competitive sourcing studies in fiscal 
        year 2008 for programs, projects, and activities for which 
        funds are appropriated by this Act.
            (2) None of the funds available to the Forest Service may 
        be used in fiscal year 2008 for competitive sourcing studies 
        and related activities.
    (b) Competitive Sourcing Study Defined.--In this section, the term 
``competitive sourcing study'' means a study on subjecting work 
performed by Federal Government employees or private contractors to 
public-private competition or on converting the Federal Government 
employees or the work performed by such employees to private contractor 
performance under the Office of Management and Budget Circular A-76 or 
any other administrative regulation, directive, or policy.
    (c) In preparing any reports to the Committees on Appropriations on 
competitive sourcing activities, agencies funded in this Act shall 
include the incremental cost directly attributable to conducting the 
competitive sourcing competitions, including costs attributable to 
paying outside consultants and contractors and, in accordance with full 
cost accounting principles, all costs attributable to developing, 
implementing, supporting, managing, monitoring, and reporting on 
competitive sourcing, including personnel, consultant, travel, and 
training costs associated with program management.
    (d) In carrying out any competitive sourcing study involving 
Department of the Interior employees, the Secretary of the Interior 
shall--
            (1) determine whether any of the employees concerned are 
        also qualified to participate in wildland fire management 
        activities; and
            (2) take into consideration the effect that contracting 
        with a private sector source would have on the ability of the 
        Department of the Interior to effectively and efficiently fight 
        and manage wildfires.
    Sec. 415. Section 331 of the Department of the Interior and Related 
Agencies Appropriations Act, 2000, regarding the pilot program to 
enhance Forest Service administration of rights-of-way (as enacted into 
law by section 1000(a)(3) of Public Law 106-113; 113 Stat. 1501A-196; 
16 U.S.C. 497 note), as amended, is amended--
            (1) in subsection (a) by striking ``2006'' and inserting 
        ``2012''; and
            (2) in subsection (b) by striking ``2006'' and inserting 
        ``2012''.
    Sec. 416. Section 321 of the Department of the Interior and Related 
Agencies Appropriations Act, 2003, regarding Forest Service cooperative 
agreements with third parties that are of mutually significant benefit 
(division F of Public Law 108-7; 117 Stat. 274; 16 U.S.C. 565a-1 note) 
is amended by striking ``September 30, 2007'' and inserting ``September 
30, 2010''.

                     TITLE V--GLOBAL CLIMATE CHANGE

    Sec. 501. (a) The Congress finds that--
            (1) greenhouse gases accumulating in the atmosphere are 
        causing average temperatures to rise at a rate outside the 
        range of natural variability and are posing a substantial risk 
        of rising sea-levels, altered patterns of atmospheric and 
        oceanic circulation, and increased frequency and severity of 
        floods, droughts, and wildfires;
            (2) there is a growing scientific consensus that human 
        activity is a substantial cause of greenhouse gas accumulation 
        in the atmosphere; and
            (3) mandatory steps will be required to slow or stop the 
        growth of greenhouse gas emissions into the atmosphere.
    (b) It is the sense of the Congress that there should be enacted a 
comprehensive and effective national program of mandatory, market-based 
limits and incentives on emissions of greenhouse gases that slow, stop, 
and reverse the growth of such emissions at a rate and in a manner 
that: (1) will not significantly harm the United States economy; and 
(2) will encourage comparable action by other nations that are major 
trading partners and key contributors to global emissions.
    Sec. 502. No funds made available by this Act shall be used to 
condemn land.
    Sec. 503. None of the funds made available in this Act may be used 
to plan, design, study, or construct, for the purpose of harvesting 
timber by private entities or individuals, a forest development road in 
the Tongass National Forest.
    Sec. 504. The amount otherwise provided in this Act for the ``The 
Historic Preservation Fund'' is hereby reduced by $1,000,000 and 
increased by $1,000,000.

                TITLE VI--ADDITIONAL GENERAL PROVISIONS

    Sec. 601. None of the funds made available in the Act may be used 
to eliminate or restrict programs that are for the reforestation of 
urban areas.
    Sec. 602. None of the funds made available in the Act may be used 
to limit outreach programs administered by the Smithsonian Institution.
    Sec. 603. None of the funds made available in this Act may be used 
to purchase light bulbs unless the light bulbs have the ``ENERGY STAR'' 
or ``Federal Energy Management Program'' designation.
    Sec. 604. None of the funds made available under this Act may be 
used to promulgate or implement the Environmental Protection Agency 
proposed regulations published in the Federal Register on January 3, 
2007 (72 Fed. Reg. 69).
    Sec. 605. None of the Funds made available in this Act for the 
Division of Criminal Investigation of the Environmental Protection 
Agency may be used in contravention of the criminal investigator 
requirements of the Pollution Prevention Act of 1990 (Public Law 101-
593).
    Sec. 606. None of the funds made available by this Act shall be 
used to prepare or publish final regulations regarding a commercial 
leasing program for oil shale resources on public lands pursuant to 
section 369(d) of the Energy Policy Act of 2005 (Public Law 109-58) or 
to conduct an oil shale lease sale pursuant to subsection 369(e) of 
such Act.
    This Act may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2008''.

            Passed the House of Representatives June 27, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 2643

_______________________________________________________________________

                                 AN ACT

Making appropriations for the Department of the Interior, environment, 
and related agencies for the fiscal year ending September 30, 2008, and 
                          for other purposes.