[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2996 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 24, 2009.
Resolved, That the bill from the House of Representatives (H.R.
2996) entitled ``An Act making appropriations for the Department of the
Interior, environment, and related agencies for the fiscal year ending
September 30, 2010, and for other purposes.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of the
Interior, environment, and related agencies for the fiscal year ending
September 30, 2010, 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)), $965,721,000, to
remain available until expended, of which not to exceed $69,336,000 is
available for oil and gas management; and of which $1,500,000 is for
high priority projects, to be carried out by the Youth Conservation
Corps; and of which $3,000,000 shall be available in fiscal year 2010
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, $45,500,000 is for the processing of applications for
permit to drill and related use authorizations, to remain available
until expended, to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from $6,500 per
new application for permit to drill that the Bureau shall collect upon
submission of each new application, and in addition, $36,696,000 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 $965,721,000, and
$2,000,000, to remain available until expended, from communication site
rental fees established by the Bureau for the cost of administering
communication site activities.
construction
For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $8,626,000, 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, $28,650,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended: Provided, That, notwithstanding the joint explanatory
statement of the Committee on Appropriations of the House of
Representatives accompanying Public Law 111-8 (123 Stat. 524), the
amount of $2,000,000 made available for the Henry's Lake ACEC in the
State of Idaho (as described in the table entitled ``Congressionally
Designated Spending'' contained in section 430 of that joint
explanatory statement) shall be made available for the Upper Snake/
South Fork River ACEC/SRMA in the State of Idaho.
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;
$111,557,000, 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
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities. Projects funded pursuant to a written commitment by a State
government to provide an identified amount of money in support of the
project may be carried out by the bureau upon receipt of the written
commitment. Appropriations for the Bureau of Land Management (BLM)
shall be available for purchase, erection, and dismantlement of
temporary structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United States has
title; up to $100,000 for payments, at the discretion of the Secretary,
for information or evidence concerning violations of laws administered
by the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding 44 U.S.C. 501, the Bureau may, under
cooperative cost-sharing and partnership arrangements authorized by
law, procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount of
money in support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be available
for the destruction of healthy, unadopted, wild horses and burros in
the care of the Bureau of Land Management or its contractors or for the
sale of wild horses and burros that results in their destruction for
processing into commercial products.
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,
general administration, and for the performance of other authorized
functions related to such resources, $1,244,386,000, to remain
available until September 30, 2011 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 $22,103,000 shall be used for implementing subsections (a),
(b), (c), and (e) of section 4 of the Endangered Species Act, as
amended, (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 $11,632,000 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, 2009: Provided
further, That of the amount available for law enforcement, up to
$400,000, to remain available until expended, may at the discretion of
the Secretary be used for payment for information, rewards, or evidence
concerning violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activity,
authorized or approved by the Secretary and to be accounted for solely
on the Secretary's certificate: Provided further, That of the amount
provided for environmental contaminants, up to $1,000,000 may remain
available until expended for contaminant sample analyses.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fishery and wildlife
resources, and the acquisition of lands and interests therein;
$39,741,000, 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, $82,790,000, 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
$1,500,000 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, $85,001,000,
to remain available until expended, of which $30,307,000 is to be
derived from the Cooperative Endangered Species Conservation Fund, of
which $5,146,000 shall be for the Idaho Salmon and Clearwater River
Basins Habitat Account pursuant to the Snake River Water Rights Act of
2004; and of which $54,694,000 is to be derived from the Land and Water
Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $14,500,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, as amended (16 U.S.C. 4401-4414),
$45,147,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $5,000,000, to
remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 4241-4246,
and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
6606), $11,500,000, 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 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, $80,000,000, to remain available
until expended: Provided, That of the amount provided herein,
$7,000,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $5,000,000 is for a competitive grant program for States,
territories, and other jurisdictions with approved plans, not subject
to the remaining provisions of this appropriation: Provided further,
That the Secretary shall, for fiscal year 2010 and each fiscal year
thereafter, after deducting $12,000,000 and administrative expenses,
apportion the amount provided herein in the following manner: (1) to
the District of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and (2) to
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary shall, for fiscal year 2010 and each fiscal year thereafter,
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, for fiscal year 2010 and each fiscal year
thereafter, 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, for fiscal year 2010 and
each fiscal year thereafter, exceed 75 percent of the total costs of
such projects and the Federal share of implementation grants shall not,
for fiscal year 2010 and each fiscal year thereafter, 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 any amount apportioned in 2010 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2011, shall be reapportioned, together with funds
appropriated in 2012, in the manner provided herein.
administrative provisions
The Fish and Wildlife Service may carry out the operations of
Service programs by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities. Appropriations and funds available to the United States Fish
and Wildlife Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by operations of
the Service; options for the purchase of land at not to exceed $1 for
each option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and
the maintenance and improvement of aquaria, buildings, and other
facilities under the jurisdiction of the Service and to which the
United States has title, and which are used pursuant to law in
connection with management, and investigation of fish and wildlife
resources: Provided, That notwithstanding 44 U.S.C. 501, the Service
may, under cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including expenses to carry out programs of the United States
Park Police), and for the general administration of the National Park
Service, $2,261,309,000, of which $9,982,000 for planning and
interagency coordination in support of Everglades restoration and
$99,622,000 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 shall remain available until September 30, 2011.
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, $67,438,000, of which
$3,175,000 shall be for Preserve America grants as authorized by
section 7302 of the Omnibus Public Land Management Act of 2009 (Public
Law 111-11).
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), $74,500,000,
to be derived from the Historic Preservation Fund and to remain
available until September 30, 2011; of which $20,000,000 shall be for
Save America's Treasures grants as authorized by section 7303 of the
Omnibus Public Land Management Act of 2009 (Public Law 111-11) of which
$200,000 may be made available by the Secretary of the Interior to
develop, in conjunction with Morehouse College, a program to catalogue,
preserve, provide public access to and research on, develop curriculum
and courses based on, provide public access to, and conduct scholarly
forums on the important works and papers of Dr. Martin Luther King, Jr.
to provide a better understanding of the message and teachings of Dr.
Martin Luther King, Jr..
construction
For construction, improvements, repair or replacement of physical
facilities, including a portion of the expense for the modifications
authorized by section 104 of the Everglades National Park Protection
and Expansion Act of 1989, $219,731,000, to remain available until
expended.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2010 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, $118,586,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $35,000,000 is for the State assistance program and of which
$4,000,000 shall be for the American Battlefield Protection Program
grants as authorized by section 7301 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11).
administrative provisions
(including transfer of funds)
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.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
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; $1,104,340,000,
to remain available until September 30, 2011, of which $65,561,000
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; and of which
$7,321,000 shall be available until expended for deferred maintenance
and capital improvement projects that exceed $100,000 in cost:
Provided, That none of the funds provided for the biological research
activity shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property owner:
Provided further, That no part of this appropriation shall be used to
pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for reimbursement to the General Services Administration for security
guard services; contracting for the furnishing of topographic maps and
for the making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on the
rolls of the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts: Provided,
That activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or cooperative
agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That
the United States Geological Survey may enter into contracts or
cooperative agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent services of students or recent
graduates, who shall be considered employees for the purpose of
chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of
royalties, as authorized by law; for enforcing laws and regulations
applicable to oil, gas, and other minerals leases, permits, licenses
and operating contracts; for energy-related or other authorized marine-
related purposes on the Outer Continental Shelf; and for matching
grants or cooperative agreements, $175,217,000, to remain available
until September 30, 2011, of which $89,374,000 shall be available for
royalty management activities; and an amount not to exceed
$156,730,000, 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, and from cost recovery
fees: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year
2010, such amounts as are assessed under 31 U.S.C. 9701 shall be
collected and credited to this account and shall be available until
expended for necessary expenses: Provided further, That to the extent
$156,730,000 in addition to receipts are not realized from the sources
of receipts stated above, the amount needed to reach $156,730,000 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 the term ``qualified Outer Continental
Shelf revenues'', as defined in section 102(9)(A) of the Gulf of Mexico
Energy Security Act, division C of Public Law 109-432, shall include
only the portion of rental revenues that would have been collected at
the rental rates in effect before August 5, 1993: Provided further,
That not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of MMS concurred with the claimed refund due, to pay amounts
owed to Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments: Provided further, That for the costs of
administration of the Coastal Impact Assistance Program authorized by
section 31 of the Outer Continental Shelf Lands Act, as amended (43
U.S.C. 1456a), MMS in fiscal year 2010 may retain up to 4 percent of
the amounts which are disbursed under section 31(b)(1), such retained
amounts to remain available until expended.
For an additional amount, $10,000,000, to remain available until
expended, which shall be derived from non-refundable inspection fees
collected in fiscal year 2010, as provided in this Act: Provided, That
to the extent that such amounts are not realized from such fees, the
amount needed to reach $10,000,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer
Continental Shelf leases in effect before August 5, 1993.
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, $6,303,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
administrative provision
Notwithstanding the provisions of section 35(b) of the Mineral
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct
2 percent from the amount payable to each State in fiscal year 2010 and
deposit the amount deducted to miscellaneous receipts of the Treasury.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, $127,180,000, to remain available until September 30, 2011:
Provided, 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,
$39,588,000, 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 funds made available under
title IV of Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Government for the
purpose of environmental restoration related to treatment or abatement
of acid mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and Professional
Services program in this Act, the Secretary may transfer title for
computer hardware, software and other technical equipment to State and
tribal regulatory and reclamation programs.
Bureau of Indian Affairs
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,309,322,000, to remain
available until September 30, 2011 except as otherwise provided herein;
of which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $74,915,000 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; of which, notwithstanding any other provision
of law, including but not limited to the Indian Self-Determination Act
of 1975, as amended, not to exceed $154,794,000 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 2010, as authorized by such Act,
except that tribes and tribal organizations may use their tribal
priority allocations for unmet contract support costs of ongoing
contracts, grants, or compacts, or annual funding agreements and for
unmet welfare assistance costs; of which not to exceed $566,702,000 for
school operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2010, and shall remain
available until September 30, 2011; of which $25,000,000 shall be for
public safety and justice programs as authorized by the Emergency Fund
for Indian Safety and Health, established by section 601 of Public Law
110-293 (25 U.S.C. 443c); and of which not to exceed $60,958,000 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 $43,373,000 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 2009 for the operation of Bureau-funded schools, and
up to $500,000 within and only from such amounts made available for
administrative cost grants shall be available for the transitional
costs of initial administrative cost grants to grantees that assume
operation on or after July 1, 2009, of Bureau-funded schools: Provided
further, That any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2011, may be transferred during fiscal
year 2012 to an Indian forest land assistance account established for
the benefit of the holder of the funds within the holder's trust fund
account: Provided further, That any such unobligated balances not so
transferred shall expire on September 30, 2012: Provided further, That
in order to enhance the safety of Bureau field employees, the Bureau
may use funds to purchase uniforms or other identifying articles of
clothing for personnel.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $225,000,000, 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 2010, 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 grant 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 a grant 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 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: Provided further, That this appropriation may be
reimbursed from the Office of the Special Trustee for American Indians
appropriation for the appropriate share of construction costs for space
expansion needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 108-447, 109-379, 109-479, 110-
297, and 111-11, and for implementation of other land and water rights
settlements, $47,380,000, to remain available until expended.
indian land consolidation, bia
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, $3,000,000, to remain available
until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $8,215,000, of
which $1,629,000 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 or insured, not to exceed
$93,807,956.
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 Liquidating Account, Indian Loan Guaranty and
Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing
Account, Indian Direct Loan Financing Account, and the Indian
Guaranteed Loan Program account) shall be available for expenses of
exhibits.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any 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 schools
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 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, $118,836,000; of which not to exceed $25,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines: Provided, That, for fiscal year
2010 up to $400,000 of the payments authorized by the Act of October
20, 1976, as amended (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided further, That no payment shall be made pursuant to that Act to
otherwise eligible units of local government if the computed amount of
the payment is less than $100: Provided further, That for fiscal years
2008 through 2012 the Secretary may reduce the payment authorized by 31
U.S.C. 6901-6907, as amended, for an individual county by the amount
necessary to correct prior year overpayments to that county: Provided
further, That for fiscal years 2008 through 2012 the amount needed to
correct a prior year underpayment to an individual county shall be paid
from any reductions for overpayments to other counties and the amount
necessary to cover any remaining underpayment is hereby appropriated
and shall be paid to individual counties using current fiscal year
funds.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $81,095,000, of which:
(1) $71,815,000 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) $9,280,000
shall be available until September 30, 2011 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): Provided further, That at the request of the Governor of Guam,
the Secretary may transfer any mandatory or discretionary funds
appropriated, including those provided under Public Law 104-134, to the
Secretary of Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed 3 percent of the amount of the subsidy
transferred for the cost of loan administration, for the purposes
authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act for
construction and repair projects in Guam, and such funds shall remain
available until expended: Provided further, 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 such loans
or loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
compact of free association
For grants and necessary expenses, $5,318,000, 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: Provided further, That at the request of the Governor of Guam,
the Secretary may transfer any mandatory or discretionary funds
appropriated, including those provided under section 104(e) of Public
Law 108-188, to the Secretary of Agriculture for the subsidy cost of
direct or guaranteed loans, plus not to exceed 3 percent of the amount
of the subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided further, 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 such loans or loan guarantees may be made without regard to the
population of the area, credit elsewhere requirements, and restrictions
on the types of eligible entities under the Rural Electrification Act
of 1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That any funds transferred to the
Secretary of Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $65,076,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$48,590,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$185,984,000, to remain available until expended, of which not to
exceed $56,536,000 from this or any other Act, shall be available for
historical accounting, and of which $1,500,000 shall be available for
the estate planning assistance program under section 207(f) of the
Indian Land Consolidation Act (25 U.S.C. 2206(f)): 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
2010, 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.
Department-wide Programs
wildland fire management
(including transfers 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, $904,637,000, to remain available until expended, of
which not to exceed $6,137,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
reduction activities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on
Federal land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes of
hazardous fuels reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands Corps
(Public Law 109-154), or related partnerships with State, local, or
non-profit youth groups; (3) small or micro-businesses; or (4) other
entities that will hire or train locally a significant percentage,
defined as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this section,
the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided
herein: Provided further, That funds appropriated under this head may
be used to reimburse the United States Fish and Wildlife Service and
the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section
7 of such Act, in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior 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.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended (42
U.S.C. 9601 et seq.), $10,175,000, to remain available until expended:
Provided, That Public Law 110-161 (121 Stat. 2116) under this heading
is amended by striking ``in advance of or as reimbursement for remedial
action or response activities conducted by the Department pursuant to
section 107 or 113(f) of such Act'' and inserting in lieu thereof
``including any fines or penalties''.
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.), $6,462,000, to remain
available until expended.
working capital fund
For the acquisition of a departmental financial and business
management system and information technology improvements of general
benefit to the Department, $85,823,000, to remain available until
expended: 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: Provided further, That the
Secretary may assess reasonable charges to State, local and tribal
government employees for training services provided by the National
Indian Program Training Center, other than training related to Public
Law 93-638: Provided further, That the Secretary may lease or otherwise
provide space and related facilities, equipment or professional
services of the National Indian Program Training Center to State, local
and tribal government employees or persons or organizations engaged in
cultural, educational, or recreational activities (as defined in 40
U.S.C. 3306(a)) at the prevailing rate for similar space, facilities,
equipment, or services in the vicinity of the National Indian Program
Training Center: Provided further, That all funds received pursuant to
the two preceding provisos shall be credited to this account, shall be
available until expended, and shall be used by the Secretary for
necessary expenses of the National Indian Program Training Center.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft.
General Provisions, Department of the Interior
emergency transfer authority--intra-bureau
(including transfers of funds)
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, 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.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance, and
operation of aircraft; hire of passenger motor vehicles; purchase of
reprints; payment for telephone service in private residences in the
field, when authorized under regulations approved by the Secretary; and
the payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members.
authorized use of funds
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of the 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. Total
funding for historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No federally recognized tribe shall receive
a reduction in Tribal Priority Allocation funds of more than 10 percent
in fiscal year 2010. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
twin cities research center
Sec. 106. Notwithstanding any other provision of law, in conveying
the Twin Cities Research Center under the authority provided by Public
Law 104-134, as amended by Public Law 104-208, the Secretary may accept
and retain land and other forms of reimbursement: Provided, That the
Secretary may retain and use any such reimbursement until expended and
without further appropriation: (1) for the benefit of the National
Wildlife Refuge System within the State of Minnesota; and (2) for all
activities authorized by 16 U.S.C. 460zz.
payment of fees
Sec. 107. 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. Salazar 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. Salazar.
ellis, governors, and liberty islands
Sec. 108. 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.
prohibition on use of funds
Sec. 109. (a) Any proposed new use of the Arizona & California
Railroad Company's Right of Way for conveyance of water shall not
proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water underground 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.
use of cooperative agreements
Sec. 110. For fiscal year 2010, and each fiscal year thereafter,
the Secretary of the Interior may enter into cooperative agreements
with a State or political subdivision (including any agency thereof),
or any not-for-profit organization 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. At the discretion of the Secretary, such agreements shall
not be subject to a competitive process.
conforming amendment
Sec. 111. Sections 109 and 110 of the Federal Oil and Gas Royalty
Management Act (30 U.S.C. 1719 and 1720) shall, for fiscal year 2010
and each fiscal year thereafter, apply to any lease authorizing
exploration for or development of coal, any other solid mineral, or any
geothermal resource on any Federal or Indian lands and any lease,
easement, right of way, or other agreement, regardless of form, for use
of the Outer Continental Shelf or any of its resources under sections
8(k) or 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(k) and 1337(p)) to the same extent as if such lease, easement,
right of way, or other agreement, regardless of form, were an oil and
gas lease, except that in such cases the term ``royalty payment'' shall
include any payment required by such lease, easement, right of way or
other agreement, regardless of form, or by applicable regulation.
prohibition on use of funds, point reyes national seashore
Sec. 112. None of the funds in this Act may be used to further
reduce the number of Axis or Fallow deer at Point Reyes National
Seashore below the number as of the date of enactment of this Act.
outer continental shelf inspection fees
Sec. 113. (a) In fiscal year 2010, the Minerals Management Service
(MMS) shall collect a non-refundable inspection fee, which shall be
deposited in the ``Royalty and Offshore Minerals Management'' account,
from the designated operator for facilities subject to inspection by
MMS under 43 U.S.C. 1348(c) that are above the waterline, except mobile
offshore drilling units, and are in place at the start of fiscal year
2010.
(b) Fees for 2010 shall be:
(1) $2,000 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $3,250 for facilities with one to ten wells, with any
combination of active or inactive wells; and
(3) $6,000 for facilities with more than ten wells, with
any combination of active or inactive wells.
(c) MMS will bill designated operators within 60 days of enactment
of this Act, with payment required within 30 days of billing.
yosemite national park authorized payments, amendment
Sec. 114. Section 101(a)(1) of Public Law 109-131 is amended by
striking ``2009'' and inserting ``2013''.
northern plains heritage area, amendment
Sec. 115. Section 8004 of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1240) is amended--
(1) by redesignating subsections (g) through (i) as
subsections (h) through (j), respectively;
(2) in subsection (h)(1) (as redesignated by paragraph
(1)), in the matter preceding subparagraph (A), by striking
``subsection (i)'' and inserting ``subsection (j)''; and
(3) by inserting after subsection (f) the following:
``(g) Requirements for Inclusion and Removal of Property in
Heritage Area.--
``(1) Private property inclusion.--No privately owned
property shall be included in the Heritage Area unless the
owner of the private property provides to the management entity
a written request for the inclusion.
``(2) Property removal.--
``(A) Private property.--At the request of an owner
of private property included in the Heritage Area
pursuant to paragraph (1), the private property shall
be immediately withdrawn from the Heritage Area if the
owner of the property provides to the management entity
a written notice requesting removal.
``(B) Public property.--On written notice from the
appropriate State or local government entity, public
property included in the Heritage Area shall be
immediately withdrawn from the Heritage Area.''.
pearl harbor naval complex, joint ticketing
Sec. 116. (a) Definitions.--In this section:
(1) Historic attraction.--The term ``historic attraction''
mean a historic attraction within the Pearl Harbor Naval
Complex, including--
(A) the USS Bowfin Submarine Museum and Park;
(B) the Battleship Missouri Memorial;
(C) the Pacific Aviation Museum-Pearl Harbor; and
(D) any other historic attraction within the Pearl
Harbor Naval Complex that--
(i) the Secretary identifies as a Pearl
Harbor historic attraction; and
(ii) is not administered or managed by the
Secretary.
(2) Monument.--The term ``Monument'' means the Word War II
Valor in the Pacific National Monument in the State of Hawaii.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Visitor center.--The term ``Visitor Center'' means the
visitor center located within the Pearl Harbor Naval Complex on
land that is--
(A) within the Monument; and
(B) managed by the Secretary, acting through the
Director of the National Park Service.
(b) Facilitation of Admission to Historic Attractions Within Pearl
Harbor Naval Complex.--
(1) In general.--In managing the Monument, the Secretary
may enter into an agreement with any organization that is
authorized to administer or manage a historic attraction--
(A) to allow visitors to the historic attraction to
gain access to the historic attraction by passing
through security screening at the Visitor Center; and
(B) to allow the sale of tickets to a historic
attraction within the Visitor Center by--
(i) employees of the National Park Service;
or
(ii) the organization that administers or
manages the historic attraction.
(2) Terms and conditions.--In any agreement entered into
under paragraph (1), the Secretary--
(A) shall require the organization administering or
managing the historic attraction to pay to the
Secretary a reasonable fee to recover administrative
costs of the Secretary associated with the use of the
Visitor Center for public access and ticket sales;
(B) shall ensure that the liability of the United
States is limited with respect to any liability arising
from--
(i) the admission of the public through the
Visitor Center to a historic attraction; and
(ii) the sale or issuance of any tickets to
the historic attraction; and
(C) may include any other terms and conditions that
the Secretary determines to be appropriate.
(3) Use of fees.--The proceeds of any amounts collected as
fees under paragraph (2)(A) shall remain available, without
further appropriation, for use by the Secretary for the
Monument.
(4) Limitation of authority.--Nothing in this section
authorizes the Secretary--
(A) to regulate or approve the rates for admission
to a historic attraction;
(B) to regulate or manage any visitor services
within the Pearl Harbor Naval Complex (other than the
services managed by the National Park Service as part
of the Monument); or
(C) to charge an entrance fee for admission to the
Monument.
(5) Protection of resources.--Nothing in this section
authorizes the Secretary or any organization that administers
or manages a historic attraction to take any action in
derogation of the preservation and protection of the values and
resources of the Monument.
assistance for the republic of palau
Sec. 117. (a) In General.--Subject to subsection (c), the Secretary
of the Interior shall provide to the Government of Palau for fiscal
year 2010 grants in amounts equal to the annual amounts specified in
subsections (a), (c), and (d) of section 211 of the Compact of Free
Association between the Government of the United States of America and
the Government of Palau (48 U.S.C. 1931 note) (referred to in this
section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2010 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more
than $5,000,000 from the trust fund established under section
211(f) of the Compact, amounts to be provided under subsections
(a) and (b) shall be withheld from the Government of Palau.
golden gate national recreation area, fort baker amendment
Sec. 118. Section 120 of title I of H.R. 3423 (Appendix C) as
enacted into law by section 1000(a)(3) of division B of Public Law 106-
113 is amended by striking the last sentence.
theodore roosevelt national park, elk reduction
Sec. 119. None of the funds made available in this Act shall be
used to establish or implement a plan to reduce the number of elk in
Theodore Roosevelt National Park unless such plan, notwithstanding any
other provision of law, allows North Dakota residents possessing a
State hunting license to be deputized by the Secretary as rangers in
such numbers as the Secretary deems sufficient for purposes of culling
the elk herd at the Park, and allows each such volunteer to cull one
elk and remove its carcass from the Park.
point reyes national seashore, extension of permit
Sec. 120. Prior to the expiration on November 30, 2012 of the
Drake's Bay Oyster Company's Reservation of Use and Occupancy and
associated special use permit (``existing authorization'') within
Drake's Estero at Point Reyes National Seashore, notwithstanding any
other provision of law, the Secretary of the Interior is authorized to
issue a special use permit with the same terms and conditions as the
existing authorization, except as provided herein, for a period of 10
years from November 30, 2012: Provided, That such extended
authorization is subject to annual payments to the United States based
on the fair market value of the use of the Federal property for the
duration of such renewal. The Secretary shall take into consideration
recommendations of the National Academy of Sciences Report pertaining
to shellfish mariculture in Point Reyes National Seashore before
modifying any terms and conditions of the extended authorization.
contribution authority
Sec. 121. Title 43 U.S.C. 1473, as amended by Public Law 110-161
and Public Law 111-8, is further amended by deleting ``in fiscal years
2008 and 2009 only'' and inserting ``in fiscal years 2008, 2009 and
2010 only''.
national park system, special resource study
Sec. 122. (a) In General.--The Secretary of the Interior (referred
to in this section as the ``Secretary'') shall conduct a special
resource study of the national significance, suitability, and
feasibility of including the Honouliuli Gulch and associated sites
within the State of Hawaii in the National Park System.
(b) Guidelines.--In conducting the study, the Secretary shall use
the criteria for the study of areas for potential inclusion in the
National Park System described in section 8 of Public Law 91-383 (16
U.S.C. 1a-5).
(c) Consultation.--In conducting the study, the Secretary shall
consult with--
(1) the State of Hawaii;
(2) appropriate Federal agencies;
(3) Native Hawaiian and local government entities;
(4) private and nonprofit organizations;
(5) private land owners; and
(6) other interested parties.
(d) Themes.--The study shall evaluate the Honouliuli Gulch,
associated sites located on Oahu, and other islands located in the
State of Hawaii with respect to--
(1) the significance of the site as a component of World
War II;
(2) the significance of the site as the site related to the
forcible internment of Japanese Americans, European Americans,
and other individuals; and
(3) historic resources at the site.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report describing the findings,
conclusions, and recommendations of the study required under this
section.
prohibition on use of funds to impede operational control
Sec. 123. None of the funds made available by this Act may be used
to impede, prohibit, or restrict activities of the Secretary of
Homeland Security on public lands to achieve operational control (as
defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701
note; Public Law 109-367) over the international land and maritime
borders of the United States.
Sec. 124. Any owner of private property within an existing or new
National Heritage Area may opt out of participating in any plan,
project, program, or activity conducted within the National Heritage
Area if the property owner provides written notice to the local
coordinating entity.
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; procurement of laboratory equipment
and supplies; and other operating expenses in support of research and
development, $842,799,000, to remain available until September 30,
2011.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; 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; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $9,000 for official reception and
representation expenses, $2,878,780,000, to remain available until
September 30, 2011: Provided, That of the funds included under this
heading, not less than $478,696,000 shall be for the Geographic
Programs specified in the committee report accompanying this Act.
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, $44,791,000, to remain available until September 30, 2011.
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, $35,001,000, to remain available until
expended: Provided, That, at the discretion of the Administrator of the
Environmental Protection Agency, from the funds included under this
heading, $500,000 may be made available for preliminary planning and
design of a high-performance green building to consolidate the multiple
offices and research facilities of the Environmental Protection Agency
in Las Vegas, Nevada.
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) $1,308,541,000, to remain available until expended, consisting of
such sums as are available in the Trust Fund on September 30, 2009, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,308,541,000 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, $9,975,000
shall be paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2011, and $26,834,000 shall be
paid to the ``Science and Technology'' appropriation to remain
available until September 30, 2011.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, as amended, $114,171,000, to remain available until
expended, of which $78,671,000 shall be for carrying out leaking
underground storage tank cleanup activities authorized by section
9003(h) of the Solid Waste Disposal Act, as amended; $35,500,000 shall
be for carrying out the other provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal Revenue Code, as
amended: Provided, That the Administrator is authorized to use
appropriations made available under this heading to implement section
9013 of the Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Oil Spill Response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,379,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $4,954,274,000, to remain available until expended,
of which $2,100,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended (the ``Act''); of which
$1,387,000,000 shall be for capitalization grants for the Drinking
Water State Revolving Funds under section 1452 of the Safe Drinking
Water Act, as amended: Provided, That, for fiscal year 2010, to the
extent that there are sufficient applications, not less than 20 percent
of the funds made available for the Clean Water State Revolving Fund or
Drinking Water State Revolving Fund capitalization grants shall be for
projects to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities;
$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; $15,000,000 shall be for grants to the State of
Alaska to address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages: Provided further, That, of these
funds: (1) the State of Alaska shall provide a match of 25 percent; (2)
no more than 5 percent of the funds may be used for administrative and
overhead expenses; and (3) the State of Alaska shall make awards
consistent with the State-wide priority list established in conjunction
with the Agency and the U.S. Department of Agriculture 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; $150,000,000 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 committee report
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; $101,000,000
shall be to carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including grants, interagency agreements, and associated program
support costs; $60,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005, as amended; $20,000,000
shall be for targeted airshed grants in accordance with the terms and
conditions of the committee report accompanying this Act; and
$1,111,274,000 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, and, in addition to funds appropriated
under the heading ``Leaking Underground Storage Tank Trust Fund
Program'' to carry out the provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code other than
section 9003(h) of the Solid Waste Disposal Act, as amended, $2,500,000
shall be for grants to States under section 2007(f)(2) of the Solid
Waste Disposal Act, as amended: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act, the
limitation on the amounts in a State water pollution control revolving
fund that may be used by a State to administer the fund shall not apply
to amounts included as principal in loans made by such fund in fiscal
year 2010 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 2010,
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 2010, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution Control Act
and section 1452(i) of the Safe Drinking Water Act, up to a total of 2
percent of the funds appropriated for the Clean Water State Revolving
Funds and Drinking Water State Revolving Funds may be reserved by the
Administrator for grants to Tribes: Provided further, That, for fiscal
year 2010, notwithstanding any other provision of law, up to a total of
1.5 percent of the funds provided for the Clean Water State Revolving
Funds and Drinking Water State Revolving Funds may be reserved by the
Administrator for grants to territories of the United States: Provided
further, That no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available to a county or municipal government unless that
government has established an enforceable local ordinance, or other
zoning rule, which prevents in that jurisdiction the development or
construction of any additional colonia areas, or the development within
an existing colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other necessary
infrastructure: Provided further, That notwithstanding the joint
explanatory statement of the Committee on Appropriations of the House
of Representatives accompanying Public Law 111-8, the $300,000 made
available to the Village of Crestwood for water storage improvements
(as described in the table entitled ``Congressionally Designated
Spending'' in section 430 of that joint explanatory statement) shall be
made available to the City of Quincy, Illinois, for drinking water
system improvements: Provided further, That, notwithstanding House
Report 107-272, the amount of $1,000,000 made available to the
Southeast Alabama Regional Water Authority for a water facility project
and the amount of $2,500,000 made available to the Alabama Regional
Water Authority for the Southwest Alabama Rural/Municipal Water System
may, at the discretion of the Administrator, be made available to the
city of Thomasville for those projects: Provided further, That,
notwithstanding House Report 108-10, the amount of $450,000 made
available to the Southwest Alabama Regional Water Authority for water
infrastructure improvements may, at the discretion of the
Administrator, be made available to the city of Thomasville for that
project: Provided further, That, notwithstanding House Report 108-401,
the amount of $450,000 made available to the Southwest Alabama Regional
Water supply District for regional water supply distribution in
Thomasville, Alabama, may, at the discretion of the Administrator, be
made available to the city of Thomasville for that project: Provided
further, That, notwithstanding House Report 108-401, the amount of
$2,000,000 made available to the Tom Bevill Reservoir Management Area
Authority for construction of a drinking water reservoir in Fayette
County, Alabama, may, at the discretion of the Administrator, be made
available to Fayette County, Alabama, for water system upgrades:
Provided further, That, notwithstanding the joint explanatory statement
of the Committee on Appropriations of the House of Representatives
accompanying Public Law 111-8 (123 Stat. 524), the amount of $500,000
made available to the San Bernardino Municipal Water District for the
Inland Empire alternative water supply project (as described in the
table entitled ``Congressionally Designated Spending'' contained in
section 430 of that joint explanatory statement) may, at the discretion
of the Administrator, be made available to the city of San Bernardino
municipal water department for that project: Provided further, That,
notwithstanding the joint explanatory statement of the Committee on
Appropriations of the House of Representatives accompanying the
Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
1844), from funds made available by that Act for the State and Tribal
Assistance Grants program, $170,800 may, at the discretion of the
Administrator, be made available to the city of Prescott for a
wastewater treatment plant construction project and $129,200 may, at
the discretion of the Administrator, be made available to the city of
Wichita for a storm water technology pilot project: Provided further,
That, notwithstanding the joint explanatory statement of the Committee
on Appropriations of the House of Representatives accompanying the
Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 524), the
amount of $185,000 made available to the city of Manhattan for the
sewer mainline extension project (as described in the table entitled
``Congressionally Designated Spending'' contained in section 430 of
that joint explanatory statement) may, at the discretion of the
Administrator, be made available to the city of Manhattan for a water
mainline extension project: Provided further, That, notwithstanding the
joint explanatory statement of the Committee on Appropriations of the
House of Representatives accompanying the Omnibus Appropriations Act,
2009 (Public Law 111-8; 123 Stat. 524), the amount of $290,000 made
available to the Riley County Board of Commissioners for the Konza
Sewer Main Extension project (as described in the table entitled
``Congressionally Designated Spending'' contained in section 430 of
that joint explanatory statement) may, at the discretion of the
Administrator, be made available to the city of Manhattan for the Konza
Water Main Extension project: Provided further, That, notwithstanding
the joint explanatory statement of the Committee on Appropriations of
the House of Representatives accompanying Public Law 111-8 (123 Stat.
524), the amount of $1,300,000 made available to the City of
Warrensburg, Missouri for a drinking water and wastewater
infrastructure project (as described in the table entitled
``Congressionally Designated Spending'' contained in section 430 of
that joint explanatory statement) may, at the discretion of the
Administrator, be made available to Johnson County, Missouri for that
project: Provided further, That, notwithstanding the joint explanatory
statement of the Committee on Appropriations of the House of
Representatives accompanying Public Law 111-8 (123 Stat. 524), the
amount of $1,000,000 made available to the City of Gravois Mills for
wastewater infrastructure (as described in the table entitled
``Congressionally Designated Spending'' contained in section 430 of
that joint explanatory statement) may, at the discretion of the
Administrator, be made available to the Gravois Arm Sewer District for
that project: Provided further, That, notwithstanding the joint
explanatory statement of the Committee on Appropriations of the House
of Representatives accompanying Public Law 111-8 (123 Stat. 524), the
amount of $500,000 made available to McDonald County, Missouri for a
wastewater infrastructure expansion project (as described in the table
entitled ``Congressionally Designated Spending'' contained in section
430 of that joint explanatory statement) may, at the discretion of the
Administrator, be made available to PWSD #1 of McDonald County,
Missouri for that project: Provided further, That, notwithstanding the
joint explanatory statement of the Committee on Appropriations of the
House of Representatives accompanying Public Law 110-161 (121 Stat.
1844), the amount of $150,000 made available to the City of Hayti,
Pemiscot Consolidated Public Water Supply District 1 for a Water
Storage Tank (as described in the section entitled ``STAG
Infrastructure Grants/Congressional Priorities'' on page 1264 of the
joint explanatory statement) may, at the discretion of the
Administrator, be made available to Pemiscot Consolidated Public Water
Supply District 1 for a drinking water source protection infrastructure
project: Provided further, That, notwithstanding the joint explanatory
statement of the Committee on Appropriations of the House of
Representatives accompanying Public Law 111-8 (123 Stat. 524), the
amount of $400,000 made available to the City of Lake Norden, South
Dakota, for wastewater infrastructure improvements (as described in the
table entitled ``Congressionally Designated Spending'' contained in
section 430 of that joint explanatory statement) may, at the discretion
of the Administrator, be made available to the City of Lake Norden,
South Dakota, for drinking water infrastructure improvements.
Administrative Provisions, Environmental Protection Agency
(including rescission of funds)
For fiscal year 2010, 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 amended by Public Law 110-94, the Pesticide
Registration Improvement Renewal Act.
The Administrator is authorized to transfer up to 50 percent of the
funds appropriated for the Great Lakes Initiative under the heading
``Environmental Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to carry out
activities that would support the Great Lakes Restoration Initiative
and Great Lakes Water Quality Agreement programs, projects, or
activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
From unobligated balances to carry out projects and activities
funded through the State and Tribal Assistance Grants Account,
$40,000,000 are permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
General Provisions, Environmental Protection Agency
black carbon
Sec. 201. (a) Not later than 18 months after the date of enactment
of this Act, the Administrator, in consultation with other Federal
agencies, may carry out and submit to Congress the results of a study
to define black carbon, assess the impacts of black carbon on global
and regional climate, and identify the most cost-effective ways to
reduce black carbon emissions--
(1) to improve global and domestic public health; and
(2) to mitigate the climate impacts of black carbon.
(b) In carrying out the study, the Administrator shall--
(1) identify global and domestic black carbon sources, the
quantities of emissions from those sources, and cost-effective
mitigation technologies and strategies;
(2) evaluate the public health, climate, and economic
impacts of black carbon;
(3) identify current and practicable future opportunities
to provide financial, technical, and related assistance to
reduce domestic and international black carbon emissions; and
(4) identify opportunities for future research and
development to reduce black carbon emissions and protect public
health in the United States and internationally.
(c) Of the amounts made available under this title under the
heading ``Environmental Programs and Management'' for operations and
administration, up to $2,000,000 shall be--
(1) transferred to the account used to fund the Office of
Air Quality Planning and Standards of the Environmental
Protection Agency; and
(2) used by the Administrator to carry out this section.
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, $307,012,000, to remain available until expended:
Provided, That of the funds provided, $66,939,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of
pests, pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $276,946,000, to remain
available until expended, as authorized by law; and of which
$55,145,000 is to be derived from the Land and Water Conservation Fund.
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, $1,552,429,000, 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)) and of which $2,000,000 may be made
available to the Pest and Disease Revolving Loan Fund established by
section 10205(b) of the Food, Conservation, and Energy Act of 2008 (16
U.S.C. 2104a(b)): Provided, That, through fiscal year 2014, the
Secretary of Agriculture may authorize the expenditure or transfer of
such sums as are necessary to the Secretary of the Interior for
removal, preparation and adoption of excess wild horses and burros from
National Forest System lands and for the performance of cadastral
surveys to designate the boundaries of such lands: Provided further,
That $282,617,000 shall be made available for recreation, heritage, and
wilderness.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $513,418,000, to remain available until expended, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for
construction, capital improvement, decommissioning, and maintenance of
forest roads and trails by the Forest Service as authorized by 16
U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That $50,000,000
shall be designated for urgently needed road decommissioning, road and
trail repair and maintenance and associated activities, and removal of
fish passage barriers, especially in areas where Forest Service roads
may be contributing to water quality problems in streams and water
bodies which support threatened, endangered or sensitive species or
community water sources: Provided further, That up to $40,000,000 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 the
decommissioning of unauthorized roads not part of the official
transportation system shall be expedited in response to threats to
public safety, water quality, or natural resources: Provided further,
That funds becoming available in fiscal year 2010 under the Act of
March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund
of the Treasury and shall not be available for transfer or obligation
for any other purpose unless the funds are appropriated.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $67,784,000, 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, $1,050,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967,
as amended (16 U.S.C. 484a), to remain available until expended. (16
U.S.C. 4601-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-
591; and 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $50,000, 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),
$2,582,000, to remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, and for
emergency rehabilitation of burned-over National Forest System lands
and water, $1,817,637,000, 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, 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, $340,285,000 is for hazardous
fuels reduction activities, $11,500,000 is for rehabilitation and
restoration, $23,917,000 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.),
$56,250,000 is for State fire assistance, $9,000,000 is for volunteer
fire assistance, $17,252,000 is for forest health activities on Federal
lands and $9,928,000 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 up to $15,000,000 of the 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 30 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 funds made
available to implement the Community Forest Restoration Act, Public Law
106-393, title VI, 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 $10,000,000, may be used to make grants, using any
authorities available to the Forest Service under the State and Private
Forestry appropriation, for the purpose of creating incentives for
increased use of biomass from national forest lands: Provided further,
That funds designated for wildfire suppression shall be assessed for
cost pools on the same basis as such assessments are calculated against
other agency programs.
collaborative forest landscape restoration fund
For expenses authorized by section 4003(f) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(f)), $10,000,000, to remain
available until expended.
administrative provisions, forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet for use in Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement aircraft;
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for wildland
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 Committees on
Appropriations for the House of Representatives and Senate if the
Secretary of Agriculture determines that all emergency fire suppression
funds appropriated under the heading ``Wildland Fire Management'' will
be fully obligated within 30 days.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
and international organizations.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in title IV of this Act.
Not more than $88,785,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $19,400,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center.
Funds available to the Forest Service shall be available to conduct
a program of up to $5,000,000 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 $2,500,000 shall be carried out under the
authority of the Public Lands Corps Healthy Forests Restoration Act of
2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $2,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided, That, of
the Federal funds made available to the Foundation, no more than
$200,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at
least one-for-one basis funds made available by the Forest Service:
Provided further, That the Foundation may transfer Federal funds to
Federal or a non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds: Provided
further, That authorized investments of Federal funds held by the
Foundation may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
funds available to the Forest Service shall be advanced to the National
Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
An eligible individual who is employed in any project funded under
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $55,000,000,
shall be assessed for the purpose of performing fire, administrative
and other 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.
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.
Funds provided to the Forest Service in this Act may be used for
the purpose of expenses associated with primary and secondary schooling
for the 2009-2010 school year of dependents of agency personnel
stationed in Puerto Rico, at a cost not in excess of those authorized
by the Department of Defense for that same area, when it is determined
by the Chief of the Forest Service that public schools available in the
locality are unable to provide adequately for the education of such
dependents.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,639,868,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
238(b) and 238b 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 $779,347,000 for contract medical
care, including $48,000,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended: Provided
further, That $18,251,000 is provided for Headquarters operations and
information technology activities and, notwithstanding any other
provision of law, the amount available under this proviso shall be
allocated at the discretion of the Director of the Indian Health
Service: Provided further, That of the funds provided, up to
$32,000,000 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 $16,391,000 is provided for the
methamphetamine and suicide prevention and treatment initiative and
$7,500,000 is provided for the domestic violence prevention initiative
and, notwithstanding any other provision of law, the amounts available
under this proviso shall be allocated at the discretion of the Director
of the Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used for
annual contracts and grants that fall within two fiscal years, provided
the total obligation is recorded in the year 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, except for those related to the planning, design, or
construction of new facilities: Provided further, That funding
contained herein 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 $389,490,000 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 2010, 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,
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 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, $394,757,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: 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 $2,700,000 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, to remain available until
expended, and be used by the Indian Health Service for the demolition
of Federal buildings.
administrative provisions, indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 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; uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities of the Indian
Health Service.
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 payments 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
from which the funds were originally derived, 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 advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $79,212,000.
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) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended;
section 118(f) of the Superfund Amendments and Reauthorization Act of
1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal
Act, as amended, $76,792,000, of which up to $1,000 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 2010, 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, $3,159,000: 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
(including transfer of funds)
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,
$11,195,000.
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, $8,000,000, 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), $8,300,000.
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 agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $634,161,000, of which not to exceed $19,117,000 for the
instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; of which $1,553,000 for fellowships and
scholarly awards shall remain available until September 30, 2011; of
which $250,000 may be made available to carry out activities under the
Civil Rights History Project Act of 2009 (20 U.S.C. 80s et seq.), to
remain available until expended; and including such funds as may be
necessary to support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments to
independent contractors performing research services or participating
in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $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.
legacy fund
(including rescission of funds)
For the purpose of developing a public-private partnership to
facilitate the reopening of the Arts and Industries Building of the
Smithsonian Institution, $30,000,000, to remain available until
expended, for repair, renovation and revitalization of the building:
Provided, That such funds shall be matched on a 1:1 basis by private
donations: Provided further, That major in-kind donations that
contribute significantly to the redesign and purpose of the reopened
building be considered to qualify toward the total private match:
Provided further, That privately contributed endowments, which are
designated for the care and renewal of permanent exhibitions installed
in the Arts and Industries Building, be considered as qualifying toward
the total private match: Provided further, That this appropriation may
be made available to the Smithsonian Institution incrementally as
private funding becomes available: Provided further, That any other
provision of law that adjusts the overall amount of the Federal
appropriation for this account shall also apply to the privately
contributed requirement: Provided further, That the unobligated
balances provided under this heading in Public Law 110-161 and Public
Law 111-8 are hereby rescinded.
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, $110,746,000, of which not to exceed $3,386,000 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, $54,499,000,
to remain available until expended: Provided, That of this amount, up
to $40,000,000 shall be available for repair of the National Gallery's
East Building facade: Provided further, That notwithstanding any other
provision of law, a single procurement for the foregoing Major Critical
Project may be issued which includes the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause ``availability of funds'' found at 48 CFR 52.232.18: Provided
further, 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, $22,500,000.
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, $17,447,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$10,225,000.
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, $161,315,000 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, $161,315,000, to
remain available until expended, of which $147,015,000 shall be
available for support of activities in the humanities, pursuant to
section 7(c) of the Act and for administering the functions of the Act;
and $14,300,000 shall be available to carry out the matching grants
program pursuant to section 10(a)(2) of the Act including $9,500,000
for the purposes of section 7(h): Provided, That appropriations for
carrying out section 10(a)(2) 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.
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, That funds from nonappropriated
sources may be used as necessary for official reception and
representation expenses.
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, That such small grant actions are taken pursuant to the
terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $2,294,000: 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: Provided further, That the Commission is authorized to
accept gifts, including objects, papers, artwork, drawings and
artifacts, that pertain to the history and design of the Nation's
Capital or the history and activities of the Commission of Fine Arts,
for the purpose of artistic display, study or education.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), as amended, $9,500,000: Provided, That no organization
shall receive a grant in excess of $650,000 in a single year.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $5,908,000: 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, $8,507,000: 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), $49,122,000, of which
$515,000 for the Museum's equipment replacement program, $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, $17,230,000 shall be available
to the Presidio Trust, to remain available until expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $3,000,000, to remain
available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor of Dwight
D. Eisenhower, as authorized by Public Law 106-79, $16,000,000, to
remain available until expended.
TITLE IV
GENERAL PROVISIONS
limitation on consulting services
(including transfers of funds)
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.
restriction on use of funds
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.
prohibition on use of funds for personal services
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.
disclosure of administrative expenses
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.
giant sequoia
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 2009.
mining applications
Sec. 406. (a) 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, 2010, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural 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.
contract support costs
Sec. 407. Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
Continuing Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), and Public Laws
110-92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, and 111-8
for payments for contract support costs associated with self-
determination or self-governance contracts, grants, compacts, or annual
funding agreements with the Bureau of Indian Affairs or the Indian
Health Service as funded by such Acts, are the total amounts available
for fiscal years 1994 through 2009 for such purposes, except that for
the Bureau of Indian Affairs, tribes and tribal organizations may use
their tribal priority allocations for unmet contract support costs of
ongoing contracts, grants, self-governance compacts, or annual funding
agreements.
forest management plans
Sec. 408. Prior to October 1, 2010, 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.
prohibition within national monuments
Sec. 409. 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.
international firefighter cooperative agreements
Sec. 410. 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 should 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.
contracting authorities
Sec. 411. 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.
prohibition on use of funds
Sec. 412. None of the funds made available by this or any other
Act may be used in fiscal year 2010 for competitive sourcing studies
and any related activities involving Forest Service personnel.
limitation on takings
Sec. 413. 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.
hunters point environmental cleanup
Sec. 414. In addition to the amounts otherwise provided to the
Environmental Protection Agency in this Act, $8,000,000, to remain
available until expended, is provided to EPA to be transferred to the
Department of the Navy for clean-up activities at the Treasure Island
Naval Station--Hunters Point Annex.
extension of grazing permits
Sec. 415. Section 325 of Public Law 108-108 is amended by striking
``fiscal years 2004-2008'' and inserting ``fiscal year 2010.''
alaska native health care services
Sec. 416. (a) Notwithstanding any other provision of law and until
October 1, 2011, 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.,
the Council of Athabascan Tribal Governments, and the Native Village of
Eyak shall be treated as Alaska Native regional health entities to
which funds may be disbursed under this section.
timber sale requirements
Sec. 417. 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 red cedar.
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
red cedar, all of the western red cedar 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 red cedar, the
volume of western red cedar 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 red cedar
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
red cedar is eligible for sale to various markets shall be made at the
time each sale is awarded). Western red cedar 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 red cedar 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 red cedar 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.
colorado cooperative conservation authority
Sec. 418. Section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2001, as amended, is amended in
subsection (e) by striking ``September 30, 2009,'' and inserting
``September 30, 2014,''.
national council on the arts membership
Sec. 419. Section 6 of the National Foundation on the Arts and the
Humanities Act of 1965 (Public Law 89-209, 20 U.S.C. 955), as amended,
is further amended as follows:
(1) In the first sentence of subsection (b)(1)(C), by
striking ``14'' and inserting in lieu thereof ``18''; and
(2) In the second sentence of subsection (d)(1), by
striking ``Eight'' and inserting in lieu thereof ``Ten''.
prohibition on use of funds
Sec. 420. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 421. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
implement any rule that requires mandatory reporting of greenhouse gas
emissions from manure management systems emitting less than 25,000 tons
of carbon dioxide equivalent per year.
congressionally directed spending
Sec. 422. Within the amounts appropriated in this Act, funding
shall be allocated in the amounts specified for those projects and
purposes delineated in the table titled ``Congressionally Directed
Spending'' included in the committee report accompanying this Act.
prohibition on use of funds
Sec. 423. None of the funds made available under this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries.
prohibition on use of wildland fire management stimulus funds in the
district of columbia
Sec. 424. Notwithstanding any other provision of law, none of the
funds made available under the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5; 123 Stat. 115) for wildland fire management
shall be used in the District of Columbia.
jungo disposal site evaluation
Sec. 425. Using funds made available under this Act, the Director
of the United States Geological Survey may conduct an evaluation of the
aquifers in the area of the Jungo Disposal Site in Humboldt County,
Nevada (referred to in this section as the ``site''), to evaluate--
(1) how long it would take waste seepage (including
asbestos, discarded tires, and sludge from water treatment
plants) from the site to contaminate local underground water
resources;
(2) the distance that contamination from the site would
travel in each of--
(A) 95 years; and
(B) 190 years;
(3) the potential impact of expected waste seepage from the
site on nearby surface water resources, including Rye Patch
Reservoir and the Humboldt River;
(4) the size and elevation of the aquifers; and
(5) any impact that the waste seepage from the site would
have on the municipal water resources of Winnemucca, Nevada.
buyout and relocation
Sec. 426. (a) As soon as practicable after the date of enactment
of this Act, the Administrator of the Environmental Protection Agency
(referred to in this section as the ``Administrator'') is encouraged to
consider all appropriate criteria, including cost-effectiveness,
relating to the buyout and relocation of residents of properties in
Treece, Kansas, that are subject to risk relating to, and that may
endanger the health of occupants as a result of risks posed by, chat
(as defined in section 278.1(b) of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this Act)).
(b) For the purpose of the remedial action under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) that includes permanent relocation of residents of
Treece, Kansas, any such relocation shall not be subject to the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. 4601 et seq.).
(c) Nothing in this section shall in any way affect, impede, or
change the relocation or remediation activities pursuant to the Record
of Decision Operable Unit 4, Chat Piles, Other Mine and Mill Waste, and
Smelter Waste, Tar Creek Superfund Site, Ottawa County, Oklahoma
(OKD980629844) issued by the Environmental Protection Agency Region 6
on February 20, 2008, or any other previous Record of Decision at the
Tar Creek, Oklahoma, National Priority List Site, by any Federal agency
or through any funding by any Federal agency.
Sec. 427. Section 404(c) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7624(c)) is amended--
(1) in paragraph (1), by striking ``Agricultural Research
Service'' and inserting ``Department of Agriculture''; and
(2) by adding at the end the following:
``(3) Authority of secretary.--To carry out a cooperative
agreement with a private entity under paragraph (1), the
Secretary may rent to the private entity equipment, the title
of which is held by the Federal Government.''.
Sec. 428. It is the sense of the Senate that the Senate--
(1) supports the National Vehicle Mercury Switch Recovery
Program as an effective way to reduce mercury pollution from
electric arc furnaces used by the steel industry to melt scrap
metal from old vehicles; and
(2) urges the founders of the Program to secure private
sector financial support so that the successful efforts of the
Program to reduce mercury pollution may continue.
national forest foundation
Sec. 429. Section 403(a) of the National Forest Foundation Act (16
U.S.C. 583j-1(a)) is amended, in the first sentence, by striking
``fifteen Directors'' and inserting ``not more than 30 Directors''.
cabin user fees
Sec. 430. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used to increase the amount
of cabin user fees under section 608 of the Cabin User Fee Fairness Act
of 2000 (16 U.S.C. 6207) to an amount beyond the amount levied on
December 31, 2009.
flame fund for emergency wildfire suppression activities
Sec. 431. (a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means--
(A) public land, as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702);
(B) units of the National Park System;
(C) refuges of the National Wildlife Refuge System;
(D) land held in trust by the United States for the
benefit of Indian tribes or members of an Indian tribe;
and
(E) land in the National Forest System, as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(2) Flame fund.--The term ``Flame Fund'' means the Federal
Land Assistance, Management, and Enhancement Fund established
by subsection (b).
(3) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Federal land described in subparagraphs (A), (B), (C),
and (D) of paragraph (1); and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(b) Establishment of Flame Fund.--There is established in the
Treasury of the United States a fund to be known as the ``Federal Land
Assistance, Management, and Enhancement Fund'', consisting of--
(1) such amounts as are appropriated to the Flame Fund; and
(2) such amounts as are transferred to the Flame Fund under
subsection (d).
(c) Funding.--
(1) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to the Flame Fund such amounts as are
necessary to carry out this section.
(B) Congressional intent.--It is the intent of
Congress that the amounts appropriated to the Flame
Fund for each fiscal year should be not less than the
combined average amount expended by each Secretary
concerned for emergency wildfire suppression activities
over the 5 fiscal years preceding the fiscal year for
which amounts are appropriated.
(C) Availability.--Amounts appropriated to the
Flame Fund shall remain available until expended.
(2) Appropriation.--There is appropriated to the Flame
Fund, out of funds of the Treasury not otherwise appropriated,
$834,000,000.
(3) Sense of congress on designation of flame fund
appropriations as emergency requirement.--It is the sense of
Congress that further amounts appropriated to the Flame Fund
should be designated as amounts necessary to meet emergency
needs.
(4) Notice of insufficient funds.--The Secretaries shall
notify the congressional committees described in subsection
(h)(2) if the Secretaries estimate that only 60 days worth of
funding remains in the Flame Fund.
(d) Transfer of Excess Wildfire Suppression Amounts Into Flame
Fund.--At the end of each fiscal year, the Secretary concerned shall
transfer to the Flame Fund amounts that--
(1) are appropriated to the Secretary concerned for
wildfire suppression activities for the fiscal year; but
(2) are not obligated for wildfire suppression activities
before the end of the fiscal year.
(e) Use of Flame Fund.--
(1) In general.--Subject to paragraphs (2), (3), and (4),
amounts in the Flame Fund shall be available to the Secretary
concerned to pay the costs of emergency wildfire suppression
activities that are separate from amounts annually appropriated
to the Secretary concerned for routine wildfire suppression
activities.
(2) Declaration required.--
(A) In general.--Amounts in the Flame Fund shall be
made available to the Secretary concerned only after
the Secretaries issue a declaration that a wildfire
suppression activity is eligible for funding from the
Flame Fund.
(B) Declaration criteria.--A declaration by the
Secretaries under subparagraph (A) may be issued only
if--
(i) in the case of an individual wildfire
incident--
(I) the fire covers 300 or more
acres; and
(II) the Secretaries determine that
the fire has required an emergency
Federal response based on the
significant complexity, severity, or
threat posed by the fire to human life,
property, or resources; or
(ii) the cumulative costs of wildfire
suppression activities for the Secretary
concerned have exceeded the amounts
appropriated to the Secretary concerned for
those activities (not including funds deposited
in the Flame Fund).
(3) Transfer of amounts to secretary concerned.--After
issuance of a declaration under paragraph (2) and on request of
the Secretary concerned, the Secretary of the Treasury shall
transfer from the Flame Fund to the Secretary concerned such
amounts as the Secretaries determine are necessary for wildfire
suppression activities associated with the declaration.
(4) State, private, and tribal land.--Use of the Flame Fund
for emergency wildfire suppression activities on State land,
private land, and tribal land shall be consistent with any
existing agreements in which the Secretary concerned has agreed
to assume responsibility for wildfire suppression activities on
the land.
(f) Treatment of Anticipated and Predicted Activities.--
(1) In general.--Subject to subsection (e)(2)(B)(ii), the
Secretary concerned shall continue to fund routine wildfire
suppression activities within the appropriate agency budget for
each fiscal year.
(2) Congressional intent.--It is the intent of Congress
that funding made available through the Flame Fund be used--
(A) to supplement the funding otherwise
appropriated to the Secretary concerned; and
(B) only for purposes in, and instances consistent
with, this section.
(g) Prohibition on Other Transfers.--Any amounts in the Flame Fund
and any amounts appropriated for the purpose of wildfire suppression on
Federal land shall be obligated before the Secretary concerned may
transfer funds from non-fire accounts for wildfire suppression.
(h) Accounting and Reports.--
(1) Accounting and reporting system.--The Secretaries shall
establish an accounting and reporting system for the Flame Fund
that is compatible with existing National Fire Plan reporting
procedures.
(2) Annual report.--Annually, the Secretaries shall submit
to the Committee on Natural Resources, the Committee on
Agriculture, and the Committee on Appropriations of the House
of Representatives and the Committee on Energy and Natural
Resources, the Committee on Indian Affairs, and the Committee
on Appropriations of the Senate and make available to the
public a report that--
(A) describes the use of amounts from the Flame
Fund; and
(B) includes any recommendations that the
Secretaries may have to improve the administrative
control and oversight of the Flame Fund.
(3) Estimates of wildfire suppression costs to improve
budgeting and funding.--
(A) In general.--Consistent with the schedule
provided in subparagraph (C), the Secretaries shall
submit to the committees described in paragraph (2) an
estimate of anticipated wildfire suppression costs for
the applicable fiscal year and the subsequent fiscal
year.
(B) Peer review.--The methodology for developing
the estimates under subparagraph (A) shall be subject
to periodic peer review to ensure compliance with
subparagraph (D).
(C) Schedule.--The Secretaries shall submit an
estimate under subparagraph (A) during--
(i) the first week of February of each
year;
(ii) the first week of April of each year;
(iii) the first week of July of each year;
and
(iv) if a bill making appropriations for
the Department of the Interior and the Forest
Service for the following fiscal year has not
been enacted by September 1, the first week of
September of each year.
(D) Requirements.--An estimate of anticipated
wildfire suppression costs shall be developed using the
best available--
(i) climate, weather, and other relevant
data; and
(ii) models and other analytic tools.
(i) Termination of Authority.--The authority under this section
shall terminate at the end of the third fiscal year in which no
appropriations to or withdrawals from the Flame Fund have been made for
a period of 3 consecutive fiscal years.
cohesive wildfire management strategy
Sec. 432. (a) Strategy Required.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture, acting jointly, shall submit to Congress a
report that contains a cohesive wildfire management strategy,
consistent with the recommendations described in recent reports of the
Government Accountability Office regarding management strategies.
(b) Elements of Strategy.--The strategy required by subsection (a)
shall provide for--
(1) the identification of the most cost-effective means for
allocating fire management budget resources;
(2) the reinvestment in non-fire programs by the Secretary
of the Interior and the Secretary of Agriculture;
(3) employing the appropriate management response to
wildfires;
(4) assessing the level of risk to communities;
(5) the allocation of hazardous fuels reduction funds based
on the priority of hazardous fuels reduction projects;
(6) assessing the impacts of climate change on the
frequency and severity of wildfire; and
(7) studying the effects of invasive species on wildfire
risk.
(c) Revision.--At least once during each 5-year period beginning on
the date of the submission of the cohesive wildfire management strategy
under subsection (a), the Secretaries shall revise the strategy
submitted under that subsection to address any changes affecting the
strategy, including changes with respect to landscape, vegetation,
climate, and weather.
prohibition on no-bid contracts and grants
Sec. 433. (a) Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by this Act
may be--
(1) used to make any payment in connection with a contract
not awarded using competitive procedures in accordance with the
requirements of section 303 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253), section
2304 of title 10, United States Code, and the Federal
Acquisition Regulation; or
(2) awarded by grant not subjected to merit-based
competitive procedures, needs-based criteria, or other
procedures specifically authorized by law to select the grantee
or award recipient.
(b) This prohibition shall not apply to the awarding of contracts
or grants with respect to which--
(1) no more than one applicant submits a bid for a contract
or grant; or
(2) Federal law specifically authorizes a grant or contract
to be entered into without regard for these requirements,
including formula grants for States, or Federally recognized
Indian tribes; or
(3) such contracts or grants are authorized by the Indian
Self-Determination and Education and Assistance Act (Public Law
93-638, 25 U.S.C. 450 et seq., as amended) or by any other
Federal laws that specifically authorize a grant or contract
with an Indian tribe as defined in section 4(e) of that Act (25
U.S.C. 450b (e)).
Sec. 434. (a) Notwithstanding any other provision of this Act and
except as provided in subsection (b), any report required to be
submitted by a Federal agency or department to the Committee on
Appropriations of either the Senate or the House of Representatives in
this Act shall be posted on the public website of that agency upon
receipt by the committee.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
Sec. 435. Section 1971(1) of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 460www note; Public Law 111-11) is amended by
striking ``December 18, 2008'' and inserting ``September 20, 2009''.
tar creek superfund site
Sec. 436. (a) In General.--To expedite the cleanup of the Federal
land and Indian land at the Tar Creek Superfund Site (referred to in
this section as the ``site''), any purchase of chat (as defined in
section 278.1(b) of title 40, Code of Federal Regulations (or a
successor regulation)), from the site shall be--
(1) counted at twice the purchase price of the chat; and
(2) eligible to be counted toward meeting the federally
required disadvantaged business enterprise set-aside on
federally funded projects.
(b) Restricted Indian Owners.--Subsection (a) shall only apply if
the purchase of chat is made from 1 or more restricted Indian owners or
an Indian tribe.
(c) Applicable Law.--The use of chat acquired under subsection (a)
shall conform with applicable laws (including the regulations for the
use of chat promulgated by the Administrator of the Environmental
Protection Agency).
This Act may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2010''.
Attest:
Secretary.
111th CONGRESS
1st Session
H.R. 2996
_______________________________________________________________________
AMENDMENT