[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1696 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 221
110th CONGRESS
  1st Session
                                S. 1696

                          [Report No. 110-91]

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


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2007

  Mrs. Feinstein, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
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)), $902,883,000, to 
remain available until expended, of which $1,250,000 is for high 
priority projects, to be carried out by the Youth Conservation Corps; 
and of which $3,000,000 shall be available in fiscal year 2007 subject 
to a match by at least an equal amount by the National Fish and 
Wildlife Foundation for cost-shared projects supporting conservation of 
Bureau lands; and such funds shall be advanced to the Foundation as a 
lump sum grant without regard to when expenses are incurred.
    In addition, $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 $902,883,000, and $2,000,000, to remain available until 
expended, from communication site rental fees established by the Bureau 
for the cost of administering communication site activities.

                        wildland fire management

                     (including transfer of funds)

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $829,524,000, to remain available until expended, of 
which not to exceed $7,734,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such purposes: 
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be 
furnished subsistence and lodging without cost from funds available 
from this appropriation: Provided further, That notwithstanding 42 
U.S.C. 1856d, sums received by a bureau or office of the Department of 
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et 
seq., protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that 
protection, and are available without fiscal year limitation: Provided 
further, That using the amounts designated under this title of this 
Act, the Secretary of the Interior may enter into procurement 
contracts, grants, or cooperative agreements, for hazardous fuels 
reduction activities, and for training and monitoring associated with 
such hazardous fuels reduction activities, on Federal land, or on 
adjacent non-Federal land for activities that benefit resources on 
Federal land: Provided further, That the costs of implementing any 
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected 
parties: Provided further, That notwithstanding requirements of the 
Competition in Contracting Act, the Secretary, for purposes of 
hazardous fuels reduction activities, may obtain maximum practicable 
competition among: (1) local private, nonprofit, or cooperative 
entities; (2) Youth Conservation Corps crews or related partnerships 
with State, local, or non-profit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train locally a 
significant percentage, defined as 50 percent or more, of the project 
workforce to complete such contracts: Provided further, That in 
implementing this section, the Secretary shall develop written guidance 
to field units to ensure accountability and consistent application of 
the authorities provided herein: Provided further, That funds 
appropriated under this head may be used to reimburse the United States 
Fish and Wildlife Service and the National Marine Fisheries Service for 
the costs of carrying out their responsibilities under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, 
as required by section 7 of such Act, in connection with wildland fire 
management activities: Provided further, That the Secretary of the 
Interior may use wildland fire appropriations to enter into non-
competitive sole source leases of real property with local governments, 
at or below fair market value, to construct capitalized improvements 
for fire facilities on such leased properties, including but not 
limited to fire guard stations, retardant stations, and other initial 
attack and fire support facilities, and to make advance payments for 
any such lease or for construction activity associated with the lease: 
Provided further, That the Secretary of the Interior and the Secretary 
of Agriculture may authorize the transfer of funds appropriated for 
wildland fire management, in an aggregate amount not to exceed 
$10,000,000, between the Departments when such transfers would 
facilitate and expedite jointly funded wildland fire management 
programs and projects: Provided further, That funds provided for 
wildfire suppression shall be available for support of Federal 
emergency response actions.

                              construction

    For construction of buildings, recreation facilities, roads, 
trails, and appurtenant facilities, $11,476,000, 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, $12,206,000, 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.

                       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 his 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 first day of September'' and 
        inserting ``shall commence at 12:01 ante meridian on the first 
        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,''.

                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, $1,079,772,000, to remain 
available until September 30, 2008, except as otherwise provided 
herein: Provided, That $2,500,000 is for high priority projects, which 
shall be carried out by the Youth Conservation Corps: Provided further, 
That not to exceed $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 $13,026,000 shall be used for 
any activity regarding the designation of critical habitat, pursuant to 
subsection (a)(3), excluding litigation support, for species listed 
pursuant to subsection (a)(1) prior to October 1, 2006: Provided 
further, That of the amount available for law enforcement, up to 
$400,000, to remain available until expended, may at the discretion of 
the Secretary be used for payment for information, rewards, or evidence 
concerning violations of laws administered by the Service, and 
miscellaneous and emergency expenses of enforcement activity, 
authorized or approved by the Secretary and to be accounted for solely 
on his certificate: Provided further, That of the amount provided for 
environmental contaminants, up to $1,000,000 may remain available until 
expended for contaminant sample analyses.

                              construction

    For construction, improvement, acquisition, or removal of buildings 
and other facilities required in the conservation, management, 
investigation, protection, and utilization of fishery and wildlife 
resources, and the acquisition of lands and interests therein; 
$36,700,000, 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, $43,044,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended, of which, notwithstanding 16 U.S.C. 460l-9, not more than 
$2,000,000 shall be for land conservation partnerships authorized by 
the Highlands Conservation Act of 2004: Provided, That none of the 
funds appropriated for specific land acquisition projects can be used 
to pay for any administrative overhead, planning or other management 
costs.

            cooperative endangered species conservation fund

    For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $80,001,000, 
to remain available until expended, of which $25,228,000 is to be 
derived from the Cooperative Endangered Species Conservation Fund and 
$54,773,000 is to be derived from the Land and Water Conservation Fund, 
to remain available until expended, of which $5,066,666 shall be for 
the Idaho Salmon and Clearwater River Basins Habitat Account pursuant 
to the Snake River Water Rights Act of 2004.

                     national wildlife refuge fund

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

               north american wetlands conservation fund

    For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, Public Law 101-233, as amended, 
$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.), $4,000,000, to 
remain available until expended.

                multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301), 
and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601), 
$8,000,000, 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, $72,492,000, 
to remain available until expended: Provided, That of the amount 
provided herein, $5,912,000 is for a competitive grant program for 
Indian tribes, not subject to the remaining provisions of this 
appropriation: Provided further, That $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 $10,912,000 and administrative expenses, apportion the 
amount provided herein in the following manner: (1) to the District of 
Columbia and to the Commonwealth of Puerto Rico, each a sum equal to 
not more than one-half of 1 percent thereof; and (2) to Guam, American 
Samoa, the United States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands, each a sum equal to not more than one-fourth 
of 1 percent thereof: Provided further, That the Secretary shall 
apportion the remaining amount in the following manner: (1) one-third 
of which is based on the ratio to which the land area of such State 
bears to the total land area of all such States; and (2) two-thirds of 
which is based on the ratio to which the population of such State bears 
to the total population of all such States: Provided further, That the 
amounts apportioned under this paragraph shall be adjusted equitably so 
that no State shall be apportioned a sum which is less than 1 percent 
of the amount available for apportionment under this paragraph for any 
fiscal year or more than 5 percent of such amount: Provided further, 
That the Federal share of planning grants shall not exceed 75 percent 
of the total costs of such projects and the Federal share of 
implementation grants shall not exceed 50 percent of the total costs of 
such projects: Provided further, That the non-Federal share of such 
projects may not be derived from Federal grant programs: Provided 
further, That no State, territory, or other jurisdiction shall receive 
a grant if its comprehensive wildlife conservation plan is disapproved 
and such funds that would have been distributed to such State, 
territory, or other jurisdiction shall be distributed equitably to 
States, territories, and other jurisdictions with approved plans: 
Provided further, That any amount apportioned in 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 purchase of passenger motor 
vehicles; repair of damage to public roads within and adjacent to 
reservation areas caused by operations of the Service; options for the 
purchase of land at not to exceed $1 for each option; facilities 
incident to such public recreational uses on conservation areas as are 
consistent with their primary purpose; and the maintenance and 
improvement of aquaria, buildings, and other facilities under the 
jurisdiction of the Service and to which the United States has title, 
and which are used pursuant to law in connection with management, and 
investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure 
printing services from cooperators in connection with jointly produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That, notwithstanding any other provision of law, the Service 
may use up to $2,000,000 from funds provided for contracts for 
employment-related legal services: Provided further, That the Service 
may accept donated aircraft as replacements for existing aircraft: 
Provided further, That, notwithstanding any other provision of law, the 
Secretary of the Interior may not spend any of the funds appropriated 
in this Act for the purchase of lands or interests in lands to be used 
in the establishment of any new unit of the National Wildlife Refuge 
System unless the purchase is approved in advance by the House and 
Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in the statement of the managers 
accompanying this Act.

                         National Park Service

                 operation of the national park system

    For expenses necessary for the management, operation, and 
maintenance of areas and facilities administered by the National Park 
Service (including special road maintenance service to trucking 
permittees on a reimbursable basis), and for the general administration 
of the National Park Service, $1,958,687,000, 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, and comprehensive facility condition assessments; and 
of which $3,000,000 is for the Youth Conservation Corps for high 
priority projects: Provided, That the only funds in this account which 
may be made available to support United States Park Police are those 
funds approved for emergency law and order incidents pursuant to 
established National Park Service procedures, those funds needed to 
maintain and repair United States Park Police administrative 
facilities, and those funds necessary to reimburse the United States 
Park Police account for the unbudgeted overtime and travel costs 
associated with special events for an amount not to exceed $10,000 per 
event subject to the review and concurrence of the Washington 
headquarters office.

                       united states park police

    For expenses necessary to carry out the programs of the United 
States Park Police, $88,122,000.

                  national recreation and preservation

    For expenses necessary to carry out recreation programs, natural 
programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
statutory or contractual aid for other activities, and grant 
administration, not otherwise provided for, $63,756,000, of which not 
to exceed $5,000,000 may be for Preserve America grants to States, 
Tribes, and local communities for projects that preserve important 
historic resources through the promotion of heritage tourism: Provided, 
That any individual Preserve America grant shall be matched by non-
Federal funds: Provided further, That individual projects shall only be 
eligible for one grant: Provided further, That grants shall be approved 
by the Secretary of the Interior in consultation with the House and 
Senate Committees on Appropriations, and in consultation with the 
Advisory Council on Historic Preservation prior to the commitment of 
grant funds: Provided further, That none of the funds in this Act for 
the Rivers, Trails and Conservation Assistance program may be used for 
cash agreements, or for cooperative agreements that are inconsistent 
with the program's final strategic plan.

                       historic preservation fund

    For expenses necessary in carrying out the Historic Preservation 
Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and 
Public Lands Management Act of 1996 (Public Law 104-333), $75,000,000, 
to be derived from the Historic Preservation Fund and to remain 
available until September 30, 2009, of which $30,000,000 shall be for 
Save America's Treasures for preservation of nationally significant 
sites, structures, and artifacts: Provided, That any individual Save 
America's Treasures grant shall be matched by non-Federal funds: 
Provided further, That individual projects shall only be eligible for 
one grant: Provided further, That competitive projects to be funded 
shall be approved by the Secretary of the Interior in consultation with 
the House and Senate Committees on Appropriations, and in consultation 
with the President's Committee on the Arts and Humanities prior to the 
commitment of grant funds: Provided further, That Save America's 
Treasures funds allocated for Federal projects, following approval, 
shall be available by transfer to appropriate accounts of individual 
agencies.

                              construction

    For construction, improvements, repair or replacement of physical 
facilities, including the modifications authorized by section 104 of 
the Everglades National Park Protection and Expansion Act of 1989, 
$227,154,000, to remain available until expended: Provided, That none 
of the funds available to the National Park Service may be used to 
plan, design, or construct any partnership project with a total value 
in excess of $5,000,000, without advance approval of the House and 
Senate Committees on Appropriations: Provided further, That 
notwithstanding any other provision of law, the National Park Service 
may not accept donations or services associated with the planning, 
design, or construction of such new facilities without advance approval 
of the House and Senate Committees on Appropriations: Provided further, 
That funds provided under this heading for implementation of modified 
water deliveries to Everglades National Park shall be expended 
consistent with the requirements of the fifth proviso under this 
heading in Public Law 108-108: Provided further, That funds provided 
under this heading for implementation of modified water deliveries to 
Everglades National Park shall be available for obligation only if 
matching funds are appropriated to the Army Corps of Engineers for the 
same purpose: Provided further, That none of the funds provided under 
this heading for implementation of modified water deliveries to 
Everglades National Park shall be available for obligation if any of 
the funds appropriated to the Army Corps of Engineers for the purpose 
of implementing modified water deliveries, including finalizing 
detailed engineering and design documents for a bridge or series of 
bridges for the Tamiami Trail component of the project, becomes 
unavailable for obligation: Provided further, That of the funds made 
available under this heading, not to exceed $3,800,000 is authorized to 
be used for the National Park Service's proportionate cost of upgrading 
the West Yellowstone/Hebgen Basin (Gallatin County, Montana) municipal 
solid waste disposal system for the processing and disposal of 
municipal solid waste generated within Yellowstone National Park: 
Provided further, That future fees paid by the National Park Service to 
the West Yellowstone/Hebgen Basin Solid Waste District will be 
restricted to operations and maintenance costs of the facility, given 
the capital contribution made by the National Park Service.

                    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, $78,700,000, to be derived from the Land 
and Water Conservation Fund and to remain available until expended, of 
which $30,000,000 is for the State assistance program including 
$1,675,000 for program administration: Provided, That none of the funds 
provided for the State assistance program may be used to establish a 
contingency fund.

                       administrative provisions

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

                    United States Geological Survey

                 surveys, investigations, and research

    For expenses necessary for the United States Geological Survey to 
perform surveys, investigations, and research covering topography, 
geology, hydrology, biology, and the mineral and water resources of the 
United States, its territories and possessions, and other areas as 
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their 
mineral and water resources; give engineering supervision to power 
permittees and Federal Energy Regulatory Commission licensees; 
administer the minerals exploration program (30 U.S.C. 641); conduct 
inquiries into the economic conditions affecting mining and materials 
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) 
and related purposes as authorized by law; and to publish and 
disseminate data relative to the foregoing activities; $1,009,933,000, 
of which $64,381,000 shall be available only for cooperation with 
States or municipalities for water resources investigations; of which 
$40,150,000 shall remain available until expended for satellite 
operations; of which $27,925,000 shall be available until September 30, 
2009, for the operation and maintenance of facilities and deferred 
maintenance; and of which $182,139,000 shall be available until 
September 30, 2009, 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 the purchase and replacement of passenger motor vehicles; 
reimbursement to the General Services Administration for security guard 
services; contracting for the furnishing of topographic maps and for 
the making of geophysical or other specialized surveys when it is 
administratively determined that such procedures are in the public 
interest; construction and maintenance of necessary buildings and 
appurtenant facilities; acquisition of lands for gauging stations and 
observation wells; expenses of the United States National Committee on 
Geology; and payment of compensation and expenses of persons on the 
rolls of the Survey duly appointed to represent the United States in 
the negotiation and administration of interstate compacts: Provided, 
That activities funded by appropriations herein made may be 
accomplished through the use of contracts, grants, or cooperative 
agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That 
the United States Geological Survey may enter into contracts or 
cooperative agreements directly with individuals or indirectly with 
institutions or nonprofit organizations, without regard to 41 U.S.C. 5, 
for the temporary or intermittent services of students or recent 
graduates, who shall be considered employees for the purpose of 
chapters 57 and 81 of title 5, United States Code, relating to 
compensation for travel and work injuries, and chapter 171 of title 28, 
United States Code, relating to tort claims, but shall not be 
considered to be Federal employees for any other purpose.

                      Minerals Management Service

                royalty and offshore minerals management

    For expenses necessary for minerals leasing and environmental 
studies, regulation of industry operations, and collection of 
royalties, as authorized by law; for enforcing laws and regulations 
applicable to oil, gas, and other minerals leases, permits, licenses 
and operating contracts; for energy-related or other authorized marine-
related purposes on the Outer Continental Shelf; and for matching 
grants or cooperative agreements; including the purchase of not to 
exceed eight passenger motor vehicles for replacement only, 
$159,948,000, 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 
that the Secretary of the Interior shall collect in fiscal year 2008 
and retain and use for the necessary expenses of this appropriation: 
Provided, That to the extent $135,730,000 in additions 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 
$3,000,000 for computer acquisitions shall remain available until 
September 30, 2008: Provided further, That not to exceed $3,000 shall 
be available for reasonable expenses related to promoting volunteer 
beach and marine cleanup activities: Provided further, That 
notwithstanding any other provision of law, $15,000 under this heading 
shall be available for refunds of overpayments in connection with 
certain Indian leases in which the Director of MMS concurred with the 
claimed refund due, to pay amounts owed to Indian allottees or tribes, 
or to correct prior unrecoverable erroneous payments: Provided further, 
That for the costs of administration of the Coastal Impact Assistance 
Program authorized by section 31 of the Outer Continental Shelf Lands 
Act, as amended (43 U.S.C. 1456a), MMS in fiscal years 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: Provided further, That the eighth proviso under the heading 
of ``Minerals Management Service'' in division E, title I, of the 
Consolidated Appropriations Act, 2005 (Public Law 108-447) is amended 
by inserting ``and Indian Tribes'' after ``States'', and inserting 
``and (d)'' after ``30 U.S.C. 1721(b)''.

                           oil spill research

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

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 10 passenger motor 
vehicles, for replacement only; $121,360,000: 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, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $52,835,000, 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 provisions

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

                        Bureau of Indian Affairs

                      operation of indian programs

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments 
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,046,341,000, to remain 
available until September 30, 2009 except as otherwise provided herein, 
of which not to exceed $77,164,000 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 and tribal organizations may use their 
tribal priority allocations for unmet contract support costs of ongoing 
contracts, grants, or compacts, or annual funding agreements and for 
unmet welfare assistance costs; of which not to exceed $476,500,000 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 
$55,817,000 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 2008 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 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 rescission 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, $182,812,000, 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.
    Of the funds made available under this heading in Public Law 108-
447 for the tribal school demonstration program, $3,800,000 of 
unobligated elementary school funding are rescinded.

 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, 108-477, 109-379, 109-
429, and 109-479, and for implementation of other land and water rights 
settlements, $34,069,000, 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, and purchase and replacement of passenger motor 
vehicles.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office oversight and Executive 
Direction and Administrative Services (except executive direction and 
administrative services funding for Tribal Priority Allocations and 
regional offices) shall be available for tribal contracts, grants, 
compacts, or cooperative agreements with the Bureau of Indian Affairs 
under the provisions of the Indian Self-Determination Act or the Tribal 
Self-Governance Act of 1994 (Public Law 103-413).
    In the event any 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, $102,151,000; of which not to exceed $15,000 may be for 
official reception and representation expenses; of which $1,000,000, to 
remain available until expended, is for salaries, expenses, and costs 
for construction design of the Dwight D. Eisenhower Memorial Commission 
established by section 8162(b) of the Department of Defense 
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79); and 
of which up to $1,000,000 shall be available for workers compensation 
payments and unemployment compensation payments associated with the 
orderly closure of the United States Bureau of Mines: Provided, That 
none of the funds in this Act or previous appropriations Acts may be 
used to establish reserves in the Working Capital Fund account other 
than for accrued annual leave and depreciation of equipment without 
prior approval of the House and Senate Committees on Appropriations.

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $77,821,000, of which: 
(1) $69,637,000 shall remain available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, coral reef initiative activities, and 
brown tree snake control and research; grants to the judiciary in 
American Samoa for compensation and expenses, as authorized by law (48 
U.S.C. 1661(c)); grants to the Government of American Samoa, in 
addition to current local revenues, for construction and support of 
governmental functions; grants to the Government of the Virgin Islands 
as authorized by law; grants to the Government of Guam, as authorized 
by law; and grants to the Government of the Northern Mariana Islands as 
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $8,184,000 
shall remain available until September 30, 2008, for salaries and 
expenses of the Office of Insular Affairs: Provided, That all financial 
transactions of the territorial and local governments herein provided 
for, including such transactions of all agencies or instrumentalities 
established or used by such governments, may be audited by the 
Government Accountability Office, at its discretion, in accordance with 
chapter 35 of title 31, United States Code: Provided further, That 
Northern Mariana Islands Covenant grant funding shall be provided 
according to those terms of the Agreement of the Special 
Representatives on Future United States Financial Assistance for the 
Northern Mariana Islands approved by Public Law 104-134: Provided 
further, That 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, $59,449,000.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General, 
$45,572,000.

             Office of Special Trustee for American Indians

                         federal trust programs

    For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and grants, 
$185,947,000, to remain available until expended, of which not to 
exceed $60,000,000 from this or any other Act, shall be available for 
historical accounting: Provided, That funds for trust management 
improvements and litigation support may, as needed, be transferred to 
or merged with the Bureau of Indian Affairs, ``Operation of Indian 
Programs'' account; the Office of the Solicitor, ``Salaries and 
Expenses'' account; and the 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, 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.

           natural resource damage assessment and restoration

                natural resource damage assessment fund

    To conduct natural resource damage assessment and restoration 
activities by the Department of the Interior necessary to carry out the 
provisions of the Comprehensive Environmental Response, Compensation, 
and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal 
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the 
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $6,300,000, to remain 
available until expended.

                          working capital fund

    For the acquisition of a departmental financial and business 
management system, $37,069,000, to remain available until expended.

                       administrative provisions

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

             General Provisions, Department of the Interior

    Sec. 101. Appropriations made in this title shall be available for 
expenditure or transfer within each bureau or office, with the approval 
of the Secretary, for the emergency reconstruction, replacement, or 
repair of aircraft, buildings, utilities, or other facilities or 
equipment damaged or destroyed by fire, flood, storm, or other 
unavoidable causes: Provided, That no funds shall be made available 
under this authority until funds specifically made available to the 
Department of the Interior for emergencies shall have been exhausted: 
Provided further, That all funds used pursuant to this section must be 
replenished by a supplemental appropriation which must be requested as 
promptly as possible.
    Sec. 102. The Secretary may authorize the expenditure or transfer 
of any no year appropriation in this title, in addition to the amounts 
included in the budget programs of the several agencies, for the 
suppression or emergency prevention of wildland fires on or threatening 
lands under the jurisdiction of the Department of the Interior; for the 
emergency rehabilitation of burned-over lands under its jurisdiction; 
for emergency actions related to potential or actual earthquakes, 
floods, volcanoes, storms, or other unavoidable causes; for contingency 
planning subsequent to actual oil spills; for response and natural 
resource damage assessment activities related to actual oil spills; for 
the prevention, suppression, and control of actual or potential 
grasshopper and Mormon cricket outbreaks on lands under the 
jurisdiction of the Secretary, pursuant to the authority in section 
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation 
projects under section 410 of Public Law 95-87; and shall transfer, 
from any no year funds available to the Office of Surface Mining 
Reclamation and Enforcement, such funds as may be necessary to permit 
assumption of regulatory authority in the event a primacy State is not 
carrying out the regulatory provisions of the Surface Mining Act: 
Provided, That appropriations made in this title for wildland fire 
operations shall be available for the payment of obligations incurred 
during the preceding fiscal year, and for reimbursement to other 
Federal agencies for destruction of vehicles, aircraft, or other 
equipment in connection with their use for wildland fire operations, 
such reimbursement to be credited to appropriations currently available 
at the time of receipt thereof: Provided further, That for wildland 
fire operations, no funds shall be made available under this authority 
until the Secretary determines that funds appropriated for ``wildland 
fire operations'' shall be exhausted within 30 days: Provided further, 
That all funds used pursuant to this section must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible: Provided further, That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts from which emergency funds 
were transferred.
    Sec. 103. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 104. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore preleasing, 
leasing and related activities placed under restriction in the 
President's moratorium statement of June 12, 1998, in the areas of 
northern, central, and southern California; the North Atlantic; 
Washington and Oregon; and the eastern Gulf of Mexico south of 26 
degrees north latitude and east of 86 degrees west longitude.
    Sec. 105. No funds provided in this title may be expended by the 
Department of the Interior to conduct 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, excluding litigation 
costs. 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 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 Public Law 100-696; 16 U.S.C. 460zz.
    Sec. 109. The Secretary of the Interior may use or contract for the 
use of helicopters or motor vehicles on the Sheldon and Hart National 
Wildlife Refuges for the purpose of capturing and transporting horses 
and burros. The provisions of subsection (a) of the Act of September 8, 
1959 (18 U.S.C. 47(a)) shall not be applicable to such use. Such use 
shall be in accordance with humane procedures prescribed by the 
Secretary.
    Sec. 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. No funds appropriated for the Department of the Interior 
by this Act or any other Act shall be used to study or implement any 
plan to drain Lake Powell or to reduce the water level of the lake 
below the range of water levels required for the operation of the Glen 
Canyon Dam.
    Sec. 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 tribes in an amount 
equal to that required by 25 U.S.C. 458cc(g)(3), including funds 
specifically or functionally related to the provision of trust services 
to the tribes or their members.
     Sec. 114. Notwithstanding any provision of law, including 42 
U.S.C. 4321 et seq., nonrenewable grazing permits authorized in the 
Jarbidge Field Office, Bureau of Land Management since March 1, 1997 
shall be renewed. The Animal Unit Months, authorized in any 
nonrenewable grazing permit from March 1, 1997 to present shall 
continue in effect under the renewed permit. Nothing in this section 
shall be deemed to extend the renewed permit beyond the standard 1-year 
term. The period of this provision will be until all of the grazing 
permits in the Jarbidge Field Office are renewed after the completion 
of the Record of Decision for the Jarbidge Resource Management Plan/
Final Environmental Impact Statement.
    Sec. 115. 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. 116. Notwithstanding any other provision of law, the National 
Park Service final winter use rules published in Part VII of the 
Federal Register for November 10, 2004, 69 Fed. Reg. 65348 et seq., 
shall be in force and effect for the winter season of 2007-2008 that 
commences on or about December 15, 2007.
    Sec. 117. Pursuant to section 10101f(d)(3) of the Omnibus Budget 
Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), the following claims 
shall be given notice of defect and the opportunity to cure: AA 023149; 
AA 023163; AA 047913; AA 047914; AA 047915; AA 047916; AA 047917; AA 
047918 and AA 047919.
    Sec. 118. Oil and Gas Leasing Internet Pilot Program. 
Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act (30 
U.S.C 226(b)(1)(A)), the Secretary of the Interior shall establish an 
oil and gas leasing Internet pilot program, under which the Secretary 
may conduct lease sales through methods other than oral bidding. To 
carry out the pilot program, the Secretary of the Interior may use not 
more than $250,000 of funds in the BLM Permit Processing Improvement 
Fund described in section 35(c)(2)(B) of the Mineral Leasing Act (30 
U.S.C. 191(c)(2)(B)).
    Sec. 119. In implementing section 1307 of Public Law 96-487 (4 
Stat. 2479), the Secretary shall deem the present holders of entry 
permit CP-GLBA005-00 and entry permit CP-GLBA004-00 each to be a person 
who, on or before January 1, 1979, was engaged in adequately providing 
visitor services of the type authorized in said permit within Glacier 
Bay National Park.
    Sec. 120. Notwithstanding any other provisions of this Act, none of 
the funds made available by this Act may be used to issue permits for 
or otherwise approve or allow, pursuant to the Marine Mammal Protection 
Act (16 U.S.C. 1361 et seq.), importation of polar bears or polar bear 
parts taken in a sport hunt in any country, whether or not legally 
harvested in that country.
    Sec. 121. No funds appropriated or otherwise made available to the 
Department of the Interior may be used, in relation to any proposal to 
store water for the purpose of export, for approval of any right-of-way 
or similar authorization on the Mojave National Preserve or lands 
managed by the Needles Field Office of the Bureau of Land Management, 
or for carrying out any activities associated with such right-of-way or 
similar approval.
    Sec. 122. Section 460ccc-4 of the Red Rock Canyon National 
Conservation Area Establishment Act authorization (16 U.S.C. 460ccc) is 
amended--
            (1) in section (a)(1), by striking ``with donated or 
        appropriated funds'';
            (2) by striking section (a)(2);
            (3) in section (a)(3), by striking ``(3)'' and replacing 
        with ``(2)'';
            (4) in section (a)(4), by striking ``(4)'' and replacing 
        with ``(3)''.
    Sec. 123. Title 43 U.S.C. 1473 is amended by inserting at the end 
of that section before the period the following: ``, including 
contributions of money and services to conduct work in support of the 
orderly exploration and development of Outer Continental Shelf 
resources, including but not limited to, preparation of environmental 
documents such as impact statements and assessments, studies, and 
related research''.
    Sec. 124. Section 1077(c) of Public Law 109-364 is repealed.
    Sec. 125. Section 144 of division E of Public Law 108-447, as 
amended, is amended in paragraph (b)(2) by striking ``November 12, 
2004'' and inserting ``May 4, 2005.''
    Sec. 126. Section 105(f)(1)(B) of the Compact of Free Association 
Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended in clause 
(ix) by--
            (1) striking ``Republic'' both places it appears and 
        inserting ``government, institutions, and people'';
            (2) by striking ``2007'' and inserting ``2009''; and
            (3) by striking ``was'' and inserting ``were''.
    Sec. 127. The Secretary of the Interior should seek to carry out 
without further delay the provisions identified in the Upper Snake 
River Basin Biological Opinion released by the National Marine 
Fisheries Service, Northwest Region dated March 31, 2005 for the 
conservation of salmon and steelhead species in the Columbia and Snake 
River Basins and the Upper Snake River Basin Biological Opinion issued 
by the U.S. Fish and Wildlife Service dated March 31, 2005 for the 
conservation of various species in the Pacific Northwest.
    Sec. 128. Notwithstanding any other provision of law (including 
provisions of law requiring competition), the Secretary of the Interior 
may enter into cooperative agreements (which may provide for the 
acquisition of goods or services, including personal services) with a 
State, political subdivision, or agency thereof, a public or private 
agency, organization, or any other person, if the agreement will: (1) 
serve a mutual interest of the parties to the agreement in carrying out 
the programs administered by the Department of the Interior; and (2) 
all parties will contribute resources to the accomplishment of these 
objectives.
    Sec. 129. The Federal properties commonly referred to as the Barnes 
Ranch and Agency Lake Ranch (the properties) in Klamath County, Oregon, 
managed by the Bureau of Reclamation shall be transferred to the Upper 
Klamath National Wildlife Refuge (Refuge) in accordance with the 
Memorandum of Understanding between the U.S. Fish and Wildlife Service 
Klamath Basin National Wildlife Refuge Complex and the Bureau of 
Reclamation Klamath Basin Area Office and The Nature Conservancy dated 
March 2, 2007, as expeditiously as possible and no later than December 
2008: Provided, That these Federal properties and all Federal refuge 
lands within the adjusted boundary area for the Refuge, as approved by 
the U.S. Fish and Wildlife Service (Service) in June 2005 under the 
Land Protection Plan of 2005, shall be made a part of the Refuge and 
shall be managed by the Service as such: Provided further, That each 
year after the properties become part of the Refuge, those increments 
of water passively stored on the properties shall be applied and 
credited toward the requirements of any consultation or reconsultation 
over Klamath Project operations pursuant to section 7 of the Endangered 
Species Act, consistent with Federal law and State water law.
    Sec. 130. Corinth Unit of Shiloh National Military Park Boundary 
Expansion. The Corinth Battlefield Preservation Act of 2000 is 
amended--
            (1) in section 3(1) (16 U.S.C. 430f-7(1)), by striking 
        ``304/80,007, and dated October 1998'' and inserting ``304A/
        80,009, and dated April 2007'';
            (2) in section 4 (16 U.S.C. 430f-8), by striking subsection 
        (b) and inserting the following:
    ``(b) Composition of Unit.--The Unit shall be comprised of 
approximately 810 acres of land, as generally depicted on the Map.''.
            (3) by striking section 7 (16 U.S.C. 430f-11); and
            (4) by redesignating section 8 as section 7.
    Sec. 131. In section 5(8) of Public Law 107-226, strike ``acquire'' 
and all that follows and insert, ``acquire the land or interests in 
land for the memorial by donation, purchase with donated or 
appropriated funds, exchange or condemnation with donated or 
appropriated funds; and''.
    Sec. 132. Clarification of Concessionaire Historic Rights. (a) In 
implementing section 1307 of Public Law 96-487 (96 Stat. 2479), the 
Secretary shall deem Denali National Park Wilderness Centers, Ltd., a 
corporation organized and existing under the laws of the State of 
Alaska, to be a person who, on or before January 1, 1979, was engaged 
in adequately providing the following scope and level of visitor 
services within what is currently Denali National Park and Preserve:
            (1) Guided interpretive hiking services in the Kantishna 
        area new park additions (i.e. park area added in 1980 to former 
        Mount McKinley National Park), not to exceed 14 guided 
        interpretive hikes per week.
            (2) Gold panning outings in the Kantishna area new park 
        additions, not to exceed 3 gold panning outings per week.
            (3) Guided interpretive trips, including an average of four 
        vehicle trips per day, not to exceed 28 trips per week, into 
        the Old Park (i.e. former Mount McKinley National Park).
            (4) Guided and unguided canoeing on Wonder Lake, including 
        the storage of five canoes on Wonder Lake.
            (5) Transportation over the road between the north boundary 
        of the Old Park and Wonder Lake, including Wonder Lake 
        Campground, for an average of 10 trips per day not to exceed 70 
        trips per week.
    (b) For purpose of implementing this section, the term ``person'' 
means the person who has a controlling interest in the entity described 
under subsection (a) or his lineal descendants born prior to January 1, 
1979.

                                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, 
$772,530,000, to remain available until September 30, 2009.

                 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, $2,384,121,000, 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, 
$40,000,000, 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; 
$1,274,643,000, 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 $1,274,643,000 as a 
payment from general revenues to the Hazardous Substance Superfund for 
purposes as authorized by section 517(b) of SARA, as amended: Provided, 
That funds appropriated under this heading may be allocated to other 
Federal agencies in accordance with section 111(a) of CERCLA: Provided 
further, That of the funds appropriated under this heading, $13,337,000 
shall be transferred to the ``Office of Inspector General'' 
appropriation to remain available until September 30, 2009, and 
$26,126,000 shall be transferred 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 section 205 of the Superfund 
Amendments and Reauthorization Act of 1986, and for construction, 
alteration, repair, rehabilitation, and renovation of facilities, not 
to exceed $85,000 per project, $72,493,000, to remain available until 
expended.

                           Oil Spill Response

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$17,487,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   State and Tribal Assistance Grants

              (including transfer and rescission of funds)

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $3,181,853,000, to remain available until expended, 
of which $887,000,000 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''); $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 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; $30,000,000 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 in accordance with the terms and conditions specified for 
such grants in the joint explanatory statement of the managers 
accompanying this Act, and, for purposes of these grants, each grantee 
shall contribute not less than 45 percent of the cost of the project 
unless the grantee is approved for a waiver by the Agency; $89,258,000 
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 for grants under title VII, subtitle G of 
the Energy Policy Act of 2005, as amended; $15,000,000 shall be for 
grants for cost-effective emissions reduction projects in accordance 
with the terms and conditions specified for such grants in the 
statement of the managers accompanying this Act; and $1,118,428,000 
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 that meet EPA standards for statistically representative 
monitoring programs, $22,500,000 to make grants to States under section 
2007(f)(2) of the Solid Waste Disposal Act, as amended, and to 
federally recognized tribes under Public Law 105-276, and to provide 
financial assistance to States and federally-recognized tribes for the 
purposes authorized by title XV, subtitle B of the Energy Policy Act of 
2005, with the exception of leaking underground storage tank cleanup 
activities that are authorized by section 205 of Superfund Amendments 
and Reauthorization Act of 1986; $12,000,000 shall be for targeted 
environmental remediation project grants, of which $8,000,000 shall be 
provided for remedial activities at Hunter's Point Naval Shipyard, and 
of which $4,000,000 shall be transferred to the State of Oklahoma for 
remediation and relocation efforts in the Tar Creek and Spring River 
watersheds in Oklahoma: Provided further, That the funds provided for 
Tar Creek project shall be transferred for the Oklahoma Department of 
Environmental Quality for ongoing relocation assistance as administered 
by the Lead Impacted Communities Relocation Assistance Trust and as 
conducted consistent with the use of prior unexpended funding in 
accordance with section 3201 of Public Law 109-234 (120 Stat. 455-466): 
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 Act to address the water, 
wastewater and other critical infrastructure needs of the colonias in 
the United States along the United States-Mexico border shall be made 
available to a county or municipal government unless that government 
has established an enforceable local ordinance, or other zoning rule, 
which prevents in that jurisdiction the development or construction of 
any additional colonia areas, or the development within an existing 
colonia the construction of any new home, business, or other structure 
which lacks water, wastewater, or other necessary infrastructure: 
Provided further, That from unobligated balances to carry out projects 
and activities authorized in section 206(a) of the Act, $5,000,000 are 
hereby cancelled.

                       Administrative Provisions

    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.
    Of the funds provided in the Environmental Programs and Management 
Account, not less than $2,000,000 shall be provided for activities to 
develop and publish a draft rule no later than April 30, 2008 and a 
final rule no later than December 31, 2008 to require mandatory 
reporting of greenhouse gas emissions above appropriate thresholds in 
all sectors of the economy of the United States.
    None of the funds provided in the Act may be used, directly or 
through grant, 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 rate paid for Level IV of the Executive 
Schedule, unless specifically authorized by law.
    Notwithstanding any other provision of law, all grants issued under 
title VII, subtitle G of the Energy Policy Act of 2005, as amended, 
will be given only to eligible entities for projects in areas not in 
attainment of the National Ambient Air Quality Standards for a criteria 
air pollutant.
    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).

                               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, $291,807,000, 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, $272,542,000, to remain available until 
expended, as authorized by law of which $48,095,000 is to be derived 
from the Land and Water Conservation Fund: Provided, That none of the 
funds provided under this heading for the acquisition of lands or 
interests in lands shall be available until the Forest Service notifies 
the House Committee on Appropriations and the Senate Committee on 
Appropriations, in writing, of specific contractual and grant details 
including the non-Federal cost share.

                         national forest system

                     (including transfers of funds)

    For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utilization 
of the National Forest System, $1,500,234,000, 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: Provided further, That of the funds provided under this 
heading for Forest Products, $4,000,000 shall be allocated to the 
Alaska Region, in addition to its normal allocation for the purposes of 
preparing additional timber for sale, to establish a 3-year timber 
supply and such funds may be transferred to other appropriations 
accounts as necessary to maximize accomplishment.

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands 
and water, $1,982,482,000, 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 2008 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, $325,000,000 is for hazardous 
fuels reduction activities, $6,189,000 is for rehabilitation and 
restoration, $24,542,000 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.), 
$50,227,000 is for State fire assistance, $8,000,000 is for volunteer 
fire assistance, $15,119,000 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, the Joint Fire Science Program, 
vegetation and watershed management, heritage site rehabilitation, and 
wildlife and fish habitat management and restoration: Provided further, 
That transfers of any amounts in excess of those authorized in this 
paragraph, shall require approval of the House and Senate Committees on 
Appropriations in compliance with reprogramming procedures contained in 
the report accompanying this Act: Provided further, That funds provided 
under this heading for hazardous fuels treatments may be transferred to 
and made a part of the ``National Forest System'' account at the sole 
discretion of the Chief of the Forest Service thirty days after 
notifying the House and the Senate Committees on Appropriations: 
Provided further, That the costs of implementing any cooperative 
agreement between the Federal Government and any non-Federal entity may 
be shared, as mutually agreed on by the affected parties: Provided 
further, That in addition to funds provided for State Fire Assistance 
programs, and subject to all authorities available to the Forest 
Service under the State and Private Forestry Appropriation, up to 
$15,000,000 may be used on adjacent non-Federal lands for the purpose 
of protecting communities when hazard reduction activities are planned 
on national forest lands that have the potential to place such 
communities at risk: Provided further, That included in funding for 
hazardous fuel reduction is $5,000,000 for implementing the Community 
Forest Restoration Act, Public Law 106-393, title VI, and any portion 
of such funds shall be available for use on non-Federal lands in 
accordance with authorities available to the Forest Service under the 
State and Private Forestry appropriation: Provided further, That the 
Secretary of the Interior and the Secretary of Agriculture may 
authorize the transfer of funds appropriated for wildland fire 
management, in an aggregate amount not to exceed $10,000,000, between 
the Departments when such transfers would facilitate and expedite 
jointly funded wildland fire management programs and projects: Provided 
further, That of the funds provided for hazardous fuels reduction, not 
to exceed $5,000,000, may be used to make grants, using any authorities 
available to the Forest Service under the State and Private Forestry 
appropriation, for the purpose of creating incentives for increased use 
of biomass from national forest lands.

                  capital improvement and maintenance

    For necessary expenses of the Forest Service, not otherwise 
provided for, $444,090,000, to remain available until expended for 
construction, reconstruction, maintenance, and acquisition of buildings 
and other facilities, and for construction, reconstruction, repair, 
decommissioning, and maintenance of forest roads and trails by the 
Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 
205: Provided, That up to $15,000,000 of the funds provided herein for 
road maintenance shall be available for the decommissioning of roads, 
including unauthorized roads not part of the transportation system, 
which are no longer needed: Provided further, That no funds shall be 
expended to decommission any system road until notice and an 
opportunity for public comment has been provided on each 
decommissioning project: Provided further, That notwithstanding any 
provision of law, the Forest Service shall provide $1,197,000 
appropriated in Public Law 110-5 within the Capital Improvement and 
Maintenance appropriation in an advance direct lump sum payment to West 
Virginia University for the planning and construction of a research 
greenhouse facility as the Federal share in the construction of the new 
facility.

                            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, $48,245,000, to be derived 
from the Land and Water Conservation Fund and to remain available until 
expended.

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

    For expenses authorized by 16 U.S.C. 1643(b), $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.

               administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire 
of such vehicles; purchase, lease, operation, maintenance, and 
acquisition of aircraft from excess sources to maintain the operable 
fleet for use in Forest Service wildland fire programs and other Forest 
Service programs; notwithstanding other provisions of law, existing 
aircraft being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement aircraft; 
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for 
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration 
of buildings and other public improvements (7 U.S.C. 2250); (4) 
acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 
428a; (5) for expenses pursuant to the Volunteers in the National 
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt 
collection contracts in accordance with 31 U.S.C. 3718(c).
    None of the funds made available under this Act shall be obligated 
or expended to abolish any region, to move or close any regional office 
for National Forest System administration of the Forest Service, 
Department of Agriculture without the consent of the House and Senate 
Committees on Appropriations.
    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions upon notification of the House and Senate Committees 
on Appropriations and if and only if all previously appropriated 
emergency contingent funds under the heading ``Wildland Fire 
Management'' have been released by the President and apportioned and 
all wildfire suppression funds under the heading ``Wildland Fire 
Management'' are obligated.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and 
rangeland research, technical information, and assistance in foreign 
countries, and shall be available to support forestry and related 
natural resource activities outside the United States and its 
territories and possessions, including technical assistance, education 
and training, and cooperation with United States and international 
organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the reprogramming 
procedures contained in the report accompanying this Act.
    Not more than $73,285,000 of funds available to the Forest Service 
shall be transferred to the Working Capital Fund of the Department of 
Agriculture. Nothing in this paragraph shall prohibit or limit the use 
of reimbursable agreements requested by the Forest Service in order to 
obtain services from the Department of Agriculture's National 
Information Technology Center.
    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, up to $2,500,000 may be 
advanced in a lump sum to the National Forest Foundation to aid 
conservation partnership projects in support of the Forest Service 
mission, without regard to when the Foundation incurs expenses, for 
projects on or benefitting National Forest System lands or related to 
Forest Service programs: Provided, That the Foundation shall obtain, by 
the end of the period of Federal financial assistance, private 
contributions to match on at least one-for-one basis funds made 
available by the Forest Service: Provided further, That the Foundation 
may transfer Federal funds to a non-Federal recipient for a project at 
the same rate that the recipient has obtained the non-Federal matching 
funds: Provided further, That authorized investments of Federal funds 
held by the Foundation may be made only in interest-bearing obligations 
of the United States or in obligations guaranteed as to both principal 
and interest by the United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the 
funds available to the Forest Service shall be advanced to the National 
Fish and Wildlife Foundation in a lump sum to aid cost-share 
conservation projects, without regard to when expenses are incurred, on 
or benefitting National Forest System lands or related to Forest 
Service programs: Provided, That such funds shall be matched on at 
least a one-for-one basis by the Foundation or its subrecipients.
    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    Funds appropriated to the Forest Service shall be available for 
interactions with and providing technical assistance to rural 
communities and natural resource-based businesses for sustainable rural 
development purposes.
    Notwithstanding any other provision of law, any appropriations or 
funds available to the Forest Service not to exceed $500,000 may be 
used to reimburse the Office of the General Counsel (OGC), Department 
of Agriculture, for travel and related expenses incurred as a result of 
OGC assistance or participation requested by the Forest Service at 
meetings, training sessions, management reviews, land purchase 
negotiations and similar non-litigation related matters. Future budget 
justifications for both the Forest Service and the Department of 
Agriculture should clearly display the sums previously transferred and 
the requested funding transfers.
    Any appropriations or funds available to the Forest Service may be 
used for necessary expenses in the event of law enforcement emergencies 
as necessary to protect natural resources and public or employee 
safety: Provided, That such amounts shall not exceed $500,000.
    An eligible individual who is employed in any project funded under 
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.
    Any funds appropriated to the Forest Service may be used to meet 
the non-Federal share requirement in section 502(c) of the Older 
American Act of 1965 (42 U.S.C. 3056(c)(2)).
    Funds available to the Forest Service, not to exceed $45,000,000, 
shall be assessed for the purpose of performing facilities maintenance. 
Such assessments shall occur using a square foot rate charged on the 
same basis the agency uses to assess programs for payment of rent, 
utilities, and other support services.
    Funds available to the Forest Service shall be available to conduct 
a program of up to $4,500,000 for priority projects within the scope of 
the approved budget, of which $2,500,000 shall be carried out by the 
Youth Conservation Corps and $2,000,000 shall be carried out under the 
authority of the Public Lands Corps Healthy Forests Restoration Act of 
2005, Public Law 109-154.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $2,991,924,000, together 
with payments received during the fiscal year pursuant to 42 U.S.C. 
238(b) for services furnished by the Indian Health Service: Provided, 
That funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance 
Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the 
time of the grant or contract award and thereafter shall remain 
available to the tribe or tribal organization without fiscal year 
limitation: Provided further, That $579,515,000 for contract medical 
care, including $28,000,000 for the Indian Catastrophic Health 
Emergency Fund, shall remain available until expended: Provided 
further, That no less than $35,094,000 is provided for maintaining 
operations of the urban Indian health program: Provided further, That 
of the funds provided, up to $27,000,000 shall remain available until 
expended for implementation of the loan repayment program under section 
108 of the Indian Health Care Improvement Act: Provided further, That 
funds provided in this Act may be used for one-year contracts and 
grants which are to be performed in two fiscal years, so long as the 
total obligation is recorded in the year for which the funds are 
appropriated: Provided further, That the amounts collected by the 
Secretary of Health and Human Services under the authority of title IV 
of the Indian Health Care Improvement Act shall remain available until 
expended for the purpose of achieving compliance with the applicable 
conditions and requirements of titles XVIII and XIX of the Social 
Security Act (exclusive of planning, design, or construction of new 
facilities): Provided further, That funding contained herein, and in 
any earlier appropriations Acts for scholarship programs under the 
Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain 
available until expended: Provided further, That amounts received by 
tribes and tribal organizations under title IV of the Indian Health 
Care Improvement Act shall be reported and accounted for and available 
to the receiving tribes and tribal organizations until expended: 
Provided further, That, notwithstanding any other provision of law, of 
the amounts provided herein, not to exceed $271,636,000 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.): Provided further, That funds available for the 
Indian Health Care Improvement Fund may be used, as needed, to carry 
out activities typically funded under the Indian Health Facilities 
account.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment 
of health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the 
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination 
Act, and the Indian Health Care Improvement Act, and for expenses 
necessary to carry out such Acts and titles II and III of the Public 
Health Service Act with respect to environmental health and facilities 
support activities of the Indian Health Service, $375,475,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, funds appropriated for the planning, design, 
construction or renovation of health facilities for the benefit of an 
Indian tribe or tribes may be used to purchase land for sites to 
construct, improve, or enlarge health or related facilities: Provided 
further, That not to exceed $500,000 shall be used by the Indian Health 
Service to purchase TRANSAM equipment from the Department of Defense 
for distribution to the Indian Health Service and tribal facilities: 
Provided further, That none of the funds appropriated to the Indian 
Health Service may be used for sanitation facilities construction for 
new homes funded with grants by the housing programs of the United 
States Department of Housing and Urban Development: Provided further, 
That not to exceed $1,000,000 from this account and the ``Indian Health 
Services'' account shall be used by the Indian Health Service to obtain 
ambulances for the Indian Health Service and tribal facilities in 
conjunction with an existing interagency agreement between the Indian 
Health Service and the General Services Administration: Provided 
further, That not to exceed $500,000 shall be placed in a Demolition 
Fund, available until expended, to be used by the Indian Health Service 
for demolition of Federal buildings.

            administrative provisions, indian health service

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

                     National Institutes of Health

          national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended, and section 126(g) of the Superfund 
Amendments and Reauthorization Act of 1986, $78,434,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended; section 118(f) of the Superfund Amendments and 
Reauthorization Act of 1986, as amended; and section 3019 of the Solid 
Waste Disposal Act, as amended, $75,004,000, of which up to $1,500,000, 
to remain available until expended, is for Individual Learning Accounts 
for full-time equivalent employees of the Agency for Toxic Substances 
and Disease Registry: Provided, That notwithstanding any other 
provision of law, in lieu of performing a health assessment under 
section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct 
other appropriate health studies, evaluations, or activities, 
including, without limitation, biomedical testing, clinical 
evaluations, medical monitoring, and referral to accredited health care 
providers: Provided further, That in performing any such health 
assessment or health study, evaluation, or activity, the Administrator 
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of 
CERCLA: Provided further, That none of the funds appropriated under 
this heading shall be available for ATSDR to issue in excess of 40 
toxicological profiles pursuant to section 104(i) of CERCLA during 
fiscal year 2008, and existing profiles may be updated as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental Quality 
pursuant to the National Environmental Policy Act of 1969, the 
Environmental Quality Improvement Act of 1970, and Reorganization Plan 
No. 1 of 1977, and not to exceed $750 for official reception and 
representation expenses, $2,703,000: 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, 
$9,049,000: Provided, That the Chemical Safety and Hazard Investigation 
Board (Board) shall have not more than three career Senior Executive 
Service positions.

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

    For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93-531, $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, $571,705,000, 
of which not to exceed $19,968,000 for the instrumentation program, 
collections acquisition, exhibition reinstallation, the National Museum 
of African American History and Culture, and the repatriation of 
skeletal remains program shall remain available until expended; and of 
which $1,578,000 for fellowships and scholarly awards shall remain 
available until September 30, 2009; and including such funds as may be 
necessary to support American overseas research centers and a total of 
$125,000 for the Council of American Overseas Research Centers: 
Provided, That funds appropriated herein are available for advance 
payments to independent contractors performing research services or 
participating in official Smithsonian presentations.

                           facilities capital

    For necessary expenses of repair, revitalization, and alteration of 
facilities owned or occupied by the Smithsonian Institution, by 
contract or otherwise, as authorized by section 2 of the Act of August 
22, 1949 (63 Stat. 623), and for construction, including necessary 
personnel, $125,000,000, to remain available until expended, of which 
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109: 
Provided, That contracts awarded for environmental systems, protection 
systems, and repair or restoration of facilities of the Smithsonian 
Institution may be negotiated with selected contractors and awarded on 
the basis of contractor qualifications as well as price.

                        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, $101,718,000, of which not to exceed $3,350,000 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, 
$9,718,000.

           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, $133,412,000 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, $131,845,000, 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, 
$14,510,000, to remain available until expended, of which $9,479,000 
shall be available to the National Endowment for the Humanities for the 
purposes of section 7(h): Provided, That this appropriation shall be 
available for obligation only in such amounts as may be equal to the 
total amounts of gifts, bequests, and devises of money, and other 
property accepted by the chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have not 
previously been appropriated.

                       Administrative Provisions

    None of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used to process any grant or contract 
documents which do not include the text of 18 U.S.C. 1913: Provided, 
That none of the funds appropriated to the National Foundation on the 
Arts and the Humanities may be used for official reception and 
representation expenses: Provided further, That funds from 
nonappropriated sources may be used as necessary for official reception 
and representation expenses: Provided further, That the Chairperson of 
the National Endowment for the Arts may approve grants of up to 
$10,000, if in the aggregate this amount does not exceed 5 percent of 
the sums appropriated for grant-making purposes per year: Provided 
further, That such small grant actions are taken pursuant to the terms 
of an expressed and direct delegation of authority from the National 
Council on the Arts to the Chairperson: 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), $2,192,000: Provided, That the Commission is 
authorized to charge fees to cover the full costs of its publications, 
and such fees shall be credited to this account as an offsetting 
collection, to remain available until expended without further 
appropriation.

               National Capital Arts and Cultural Affairs

    For necessary expenses as authorized by Public Law 99-190 (20 
U.S.C. 956a), as amended, $7,200,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

    For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89-665, as amended), $5,348,000: 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), $45,496,000, of which 
$515,000 for the equipment replacement program shall remain available 
until September 30, 2010; 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, $18,450,000 shall be available 
to the Presidio Trust, to remain available until expended.

      White House Commission on the National Moment of Remembrance

                         salaries and expenses

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

                                TITLE IV

                           GENERAL PROVISIONS

    Sec. 401. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive Order issued pursuant to existing law.
    Sec. 402. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or 
opposition to any legislative proposal on which Congressional action is 
not complete other than to communicate to Members of Congress as 
described in 18 U.S.C. 1913.
    Sec. 403. 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. 404. Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects, activities and subactivities to 
support government-wide, departmental, agency or bureau administrative 
functions or headquarters, regional or central operations shall be 
presented in annual budget justifications and subject to approval by 
the Committees on Appropriations. Changes to such estimates shall be 
presented to the Committees on Appropriations for approval.
    Sec. 405. 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 2007.
    Sec. 406. (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. 407. Amounts deposited during fiscal year 2007 in the roads 
and trails fund provided for in the 14th paragraph under the heading 
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 
501), shall be used by the Secretary of Agriculture, without regard to 
the State in which the amounts were derived, to repair or reconstruct 
roads, bridges, and trails on National Forest System lands or to carry 
out and administer projects to improve forest health conditions, which 
may include the repair or reconstruction of roads, bridges, and trails 
on National Forest System lands in the wildland-community interface 
where there is an abnormally high risk of fire. The projects shall 
emphasize reducing risks to human safety and public health and property 
and enhancing ecological functions, long-term forest productivity, and 
biological integrity. The projects may be completed in a subsequent 
fiscal year. Funds shall not be expended under this section to replace 
funds which would otherwise appropriately be expended from the timber 
salvage sale fund. Nothing in this section shall be construed to exempt 
any project from any environmental law.
    Sec. 408. 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. 409. No timber sale in Region 10 shall be advertised if the 
indicated rate is deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western redcedar. 
Program accomplishments shall be based on volume sold. Should Region 10 
sell, in the current fiscal year, the annual average portion of the 
decadal allowable sale quantity called for in the current Tongass Land 
Management Plan in sales which are not deficit when appraised using a 
residual value approach that assigns domestic Alaska values for western 
redcedar, all of the western redcedar timber from those sales which is 
surplus to the needs of domestic processors in Alaska, shall be made 
available to domestic processors in the contiguous 48 United States at 
prevailing domestic prices. Should Region 10 sell, in the current 
fiscal year, less than the annual average portion of the decadal 
allowable sale quantity called for in the Tongass Land Management Plan 
in sales which are not deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western redcedar, the 
volume of western redcedar timber available to domestic processors at 
prevailing domestic prices in the contiguous 48 United States shall be 
that volume: (1) which is surplus to the needs of domestic processors 
in Alaska; and (2) is that percent of the surplus western redcedar 
volume determined by calculating the ratio of the total timber volume 
which has been sold on the Tongass to the annual average portion of the 
decadal allowable sale quantity called for in the current Tongass Land 
Management Plan. The percentage shall be calculated by Region 10 on a 
rolling basis as each sale is sold (for purposes of this amendment, a 
``rolling basis'' shall mean that the determination of how much western 
redcedar is eligible for sale to various markets shall be made at the 
time each sale is awarded). Western redcedar shall be deemed ``surplus 
to the needs of domestic processors in Alaska'' when the timber sale 
holder has presented to the Forest Service documentation of the 
inability to sell western redcedar logs from a given sale to domestic 
Alaska processors at a price equal to or greater than the log selling 
value stated in the contract. All additional western redcedar volume 
not sold to Alaska or contiguous 48 United States domestic processors 
may be exported to foreign markets at the election of the timber sale 
holder. All Alaska yellow cedar may be sold at prevailing export prices 
at the election of the timber sale holder.
    Sec. 410. 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. 411. 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. 412. 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. 413. (a) Notwithstanding any other provision of law and 
hereinafter, after September 30, 2006, the Indian Health Service may 
not disburse funds for the provision of health care services pursuant 
to Public Law 93-638 (25 U.S.C. 450 et seq.) to any Alaska Native 
village or Alaska Native village corporation that is located within the 
area served by an Alaska Native regional health entity.
    (b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native 
village corporation under any contract or compact entered into prior to 
May 1, 2006, or to prohibit the renewal of any such agreement.
    (c) For the purpose of this section, Eastern Aleutian Tribes, Inc. 
and the Council of Athabascan Tribal Governments shall be treated as 
Alaska Native regional health entities to which funds may be disbursed 
under this section.
    Sec. 414. Unless otherwise provided herein, no funds appropriated 
in this Act for the acquisition of lands or interests in lands may be 
expended for the filing of declarations of taking or complaints in 
condemnation without the approval of the House and Senate Committees on 
Appropriations: Provided, That this provision shall not apply to funds 
appropriated to implement the Everglades National Park Protection and 
Expansion Act of 1989, or to funds appropriated for Federal assistance 
to the State of Florida to acquire lands for Everglades restoration 
purposes.
    Sec. 415. (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 until such time as the 
        Secretary concerned submits a reprogramming proposal to the 
        Committees on Appropriations of the Senate and the House of 
        Representatives, and such proposal has been processed 
        consistent with the reprogramming guidelines included in the 
        report accompanying this Act.
            (2) 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) Competitive Sourcing Exemption for Forest Service Studies 
Conducted Prior to Fiscal Year 2006.--The Forest Service is hereby 
exempted from implementing the Letter of Obligation and post-
competition accountability guidelines where a competitive sourcing 
study involved 65 or fewer full-time equivalents, the performance 
decision was made in favor of the agency provider, no net savings was 
achieved by conducting the study, and the study was completed prior to 
the date of this Act.
    (d) In preparing any reports to the Committees on Appropriations on 
competitive sourcing activities, agencies funded in this Act shall 
include all costs attributable to conducting the competitive sourcing 
competitions and staff work to prepare for competitions or to determine 
the feasibility of starting competitions, including costs attributable 
to paying outside consultants and contractors and, in accordance with 
full cost accounting principles, all costs attributable to developing, 
implementing, supporting, managing, monitoring, and reporting on 
competitive sourcing, including personnel, consultant, travel, and 
training costs associated with program management.
    (e) In carrying out any competitive sourcing study involving 
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. 416. Section 331 of the Department of the Interior and Related 
Agencies Appropriations Act, 2000 (as enacted into law by section 
1000(a)(3) of Public Law 106-113; 113 Stat. 1501A-196; 16 U.S.C. 497 
note), as amended, is amended--
            (1) in subsection (a) by striking ``2006'' and inserting 
        ``2008''; and
            (2) in subsection (b) by striking ``2006'' and inserting 
        ``2008''.
    Sec. 417. Section 337(a) of the Department of the Interior and 
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 
Stat. 3012) is amended by striking ``September 30, 2006'' and inserting 
``September 30, 2008''.
    Sec. 418. Section 321 of the Consolidated Appropriations Act, 2003, 
as included in Public Law 108-7, is amended by striking ``September 30, 
2007'' and inserting ``September 30, 2009''.
    Sec. 419. Section 339 of division E of the Consolidated 
Appropriations Act of 2005 as included in Public Law 108-447 is amended 
by striking ``2005 through 2007'' and inserting ``2005 through 2010.''
    Sec. 420. A permit fee collected during fiscal year 2007 by the 
Secretary of Agriculture under the Act of March 4, 1915 (16 U.S.C. 497) 
for a marina on the Shasta-Trinity National Forest shall be deposited 
in a special account in the Treasury established for the Secretary of 
Agriculture, and shall remain available to the Secretary of Agriculture 
until expended, without further appropriation, for purposes stated in 
section 808(a)(3)(A-D) of title VIII of division J of Public Law 108-
447 (16 U.S.C. 6807), and for direct operating or capital costs 
associated with the issuance of a marina permit.
    Sec. 421. The Forest Service shall allocate to the Regions of the 
Forest Service, $40,000,000 from the current balance in the ``timber 
roads purchaser election fund'', to remain available until expended, 
for the following purposes: vegetative treatments in timber stands at 
high risk of fire due to insect, disease, or drought; road work in 
support of vegetative treatments to support forest health objectives; 
and maintaining infrastructure for the processing of woody fiber in 
Regions where it is critical to sustaining local economies and 
fulfilling the forest health objectives of the Forest Service.
    Sec. 422. (a) Authorization.--To offset Federal acquisition of the 
Elkhorn Ranch in Medora, North Dakota, the Secretary of Agriculture 
(`Secretary') shall sell 5,200 acres, of National Forest System lands 
in Billings County, North Dakota.
    (b) Land Sales.--
            (1) The Secretary may prescribe reservations, terms, and 
        conditions of sale, and may configure the descriptions of the 
        lands subject to sale in order to enhance marketability or for 
        management purposes;
            (2) Land shall be sold for cash in an amount no less than 
        market value as determined by appraisal or competitive sale;
            (3) The Secretary may reject any offer made under this 
        section if the Secretary determines, in his absolute 
        discretion, that the offer is not adequate or not in the public 
        interest;
            (4) Under such terms, conditions, and procedures as the 
        Secretary may prescribe, any base property landowner holding a 
        current permit to graze any land authorized for sale under this 
        section shall have a non-assignable first right to buy the 
        land, provided the right is exercised within 6 months of an 
        offer from the Secretary;
            (5) The Secretary may utilize brokers or other third 
        parties in the sale of land and, from the proceeds of the sale, 
        may pay reasonable commissions or fees for services rendered.
    (c) Receipts.--From receipts from the sale of lands authorized by 
this section, the Secretary shall first cover direct expenses incurred 
in sale, and any remaining receipts shall be deposited into the fund 
established by the Act of December 4, 1967, commonly known as the Sisk 
Act (16 U.S.C. 484a), to be available until expended, for acquisitions 
of National Forest System lands in North Dakota with priority given to 
lands for which funds have heretofore been appropriated for purchase. 
Funds so deposited in the Sisk Act fund shall not be subject to 
transfer or reprogramming for wildland fire management or any other 
emergency purposes.
    (d) Land Transfers.--
            (1) It is the intent of Congress that the acreage acquired 
        into Federal ownership as a result of the acquisition of 
        Elkhorn Ranch shall be offset by the sale of an equal amount of 
        Federal land. The lands to be conveyed from Federal ownership 
        are to be conveyed from fiscal years 2007 through 2009, and are 
        to be at least equal in acreage to the ranch land acquired by 
        the Forest Service. There will be no net gain in federally 
        owned land in North Dakota as a result of these land 
        conveyances.
    (e) Limitations.--
            (1) In the sale or conveyance of any land authorized by 
        this section, the Secretary shall not be required to conduct 
        additional environmental analysis, including heritage resource 
        analysis and no sale, offer to sell, or conveyance shall be 
        subject to administrative appeal.
            (2) The requirement of this section for offset of the 
        amount of lands acquired and the amount of lands sold or 
        conveyed shall apply only to the Elkhorn Ranch acquisition and 
        does not apply to any other Federal land acquisitions 
        authorized by law.
            (3) The lease terms on the Elkhorn Ranch shall remain in 
        effect until December 31, 2009. At which time the Federal land 
        grazing use shall be managed through the grazing agreement 
        between the Medora Grazing Association and the Forest Service 
        as of the date of the enactment of this bill. The Animal Unit 
        Months (AUMs) for both Federal and private lands encompassing 
        the Elkhorn Ranch shall become part of the grazing agreement 
        held by Medora Grazing Association to be reallocated to its 
        members in accordance with their rules in effect as of the date 
        of this bill.
            (4) The multiple uses of the acquired Elkhorn Ranch site 
        shall continue.
    (f) This section shall take effect as of the date of enactment of 
this Act.
    Sec. 423. In fiscal year 2008, The Forest Service shall not change 
the eligibility requirements for base property, and livestock ownership 
as they relate to leasing of base property and shared livestock 
agreements for grazing permits on the Dakota Prairie Grasslands that 
were in effect as of July 18, 2005.
    Sec. 424. 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 United States Treasury.
    Sec. 425. The Arts and Artifacts Indemnity Act (Public Law 94-158) 
is amended--
            (1) in section 3(a) by striking ``(B) the exhibition of 
        which is'' and inserting in lieu thereof ``(B) in the case of 
        international exhibitions,''; and
            (2) in section 5(b), by inserting before the period ``for 
        international exhibitions, and $5,000,000,000 at any one time 
        for domestic exhibitions''; and
            (3) in section 5(c), by inserting before the period ``for 
        international exhibitions, or $750,000,000 for domestic 
        exhibitions''.
    Sec. 426. In accordance with authorities available in section 428, 
of Public Law 109-54, the Secretary of Agriculture and the Secretary of 
the Interior shall execute an agreement that transfers management and 
oversight of the Great Onyx, Harper's Ferry, and Oconaluftee Job Corps 
Centers to the Forest Service. These Job Corps centers shall continue 
to be administered as described in section 147(c) of Public Law 105-
220, Workforce Investment Act of 1998.
    Sec. 427. The United States Department of Agriculture, Forest 
Service shall seek to enter into alternative dispute resolution or 
mediation with the parties in Sierra Forest Legacy, et al v. Weingardt, 
et al, Civil No. C 07-2646, and Sierra Club, et al v. Bosworth, et al, 
Civil No. C 05-00397, regarding harvest operations outside of the Giant 
Sequoia National Monument in relation to the decisions approving the 
Revised Ice Timber Sale and Fuels Reduction Project and the Frog 
Project, and taking into account the terms of the contracts for those 
projects, and in relation to the Record of Decision for the Kings River 
Project, and as appropriate in regard to other disputed fuel reduction 
projects in the area.
    Sec. 428. Section 636 of division A of the Treasury, Postal 
Service, and General Government Appropriations Act, 1997 (5 U.S.C. 
prec. 5941 note; Public Law 104-208), is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``or'';
                    (B) in paragraph (2), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(3) a temporary fire line supervisor.''; and
            (2) in subsection (c)--
                    (A) in paragraph (3), by striking ``, and'' and 
                inserting a semicolon;
                    (B) in paragraph (4)(B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) the term `temporary fire line supervisor' means an 
        employee of the Department of the Interior or the Forest 
        Service, the duties of which include temporary supervision to 
        manage a wildland or managed fire, including an employee that 
        is--
                    ``(A) a type 1, 2, or 3 incident commander;
                    ``(B) an operations section chief;
                    ``(C) a division group supervisor;
                    ``(D) a fire use manager; or
                    ``(E) a prescribed fire manager or burn boss.''.
    This Act may be cited as the ``Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2008''.


                                                       Calendar No. 221

110th CONGRESS

  1st Session

                                S. 1696

                          [Report No. 109-91]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 26, 2007

                 Read twice and placed on the calendar