111th CONGRESS
1st Session
H. R. 2996
In the Senate of the United
States,
September 24, 2009.
Amendment:
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
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:<enum>I</enum>
<appropriations-major id="idBA256EF1ECAB4253A4FDB4BA554E1E4E"><header>DEPARTMENT OF THE
INTERIOR</header>
</appropriations-major><appropriations-intermediate id="id886D0FD6523B4A8BBCE90733834BB7BD"><header>Bureau of land
management</header>
</appropriations-intermediate><appropriations-small id="idA2FC50A05637431F983E8666FF855407"><header>Management of lands and
resources</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id907463BF9027494B887706D1DCD9EE63"><header>Construction</header><text display-inline="no-display-inline">For construction of buildings, recreation
facilities, roads, trails, and appurtenant facilities, $8,626,000, to remain
available until expended.</text>
</appropriations-small><appropriations-small id="id033E9B6992454354ABE7B30ED64A89AD"><header>Land acquisition</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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 <quote>Congressionally Designated
Spending</quote> 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.</text>
</appropriations-small><appropriations-small id="id145AD63FC0A64EC3B0217F5992028540"><header>Oregon and california grant
lands</header><text display-inline="no-display-inline">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: <italic>Provided</italic>,
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).</text>
</appropriations-small><appropriations-small id="id75A80509F8A6437E90E66D809D0A3C04"><header>Forest ecosystem health and recovery
fund</header>
</appropriations-small><appropriations-small id="id7CF76A66637F4CA9AC4713816560C83C"><header>(revolving fund, special
account)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id6C8810AF21E44BDD86AAD598B5BA2A5D"><header>Range improvements</header><text display-inline="no-display-inline">For rehabilitation, protection, and
acquisition of lands and interests therein, and improvement of Federal
rangelands pursuant to section 401 of the <act-name parsable-cite="FLPMA">Federal Land Policy and Management Act of 1976</act-name>
(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:
<italic>Provided</italic>, That not to exceed $600,000 shall be available for
administrative expenses.</text>
</appropriations-small><appropriations-small id="id47C5E8BF36234109A96C43DBD4B09975"><header>Service charges, deposits, and
forfeitures</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="idBA2624386E2F419B8FBFD7473DE9B4B7"><header>Miscellaneous trust funds</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idABB6144DE2A54AB5ABE72B4F5EFD158A"><header>Administrative provisions</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="id69146065E88D476E8088ABAC591B2E2F"><header>United states fish and wildlife
service</header>
</appropriations-intermediate><appropriations-small id="id619DA7AC753B4046B729EB361C36B3F7"><header>Resource management</header><text display-inline="no-display-inline">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:
<italic>Provided,</italic> That $2,500,000 is for high priority projects, which
shall be carried out by the Youth Conservation Corps: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> That of the amount
provided for environmental contaminants, up to $1,000,000 may remain available
until expended for contaminant sample analyses.</text>
</appropriations-small><appropriations-small id="id8AA7C3F39150487D89A2E11C4538FB46"><header>Construction</header>
</appropriations-small><appropriations-small id="id8BD172C451E34AA4A01A14E41C193274"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id00C0CAD8949E437F8E80D25839D559F3"><header>Land acquisition</header><text display-inline="no-display-inline">For expenses necessary to carry out the
<act-name parsable-cite="LWCFA">Land and Water Conservation Fund Act of
1965</act-name>, 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:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="id340068250D5F46FF964E526C137724CC"><header>Cooperative endangered species
conservation fund</header>
</appropriations-small><appropriations-small id="idDB6C479AFFFF41759E8FE192C87C110F"><text display-inline="no-display-inline">For
expenses necessary to carry out section 6 of the <act-name parsable-cite="ESA">Endangered Species Act of 1973</act-name> (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.</text>
</appropriations-small><appropriations-small id="id197CBF96E88D4B609ED2801FAB839CC3"><header>National wildlife refuge
fund</header><text display-inline="no-display-inline">For expenses necessary to
implement the Act of October 17, 1978 (16 U.S.C. 715s),
$14,500,000.</text>
</appropriations-small><appropriations-small id="id3953E6D913D2495B9FEB70AC65EF48A6"><header>North american wetlands conservation
fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id36E29D667E464AD3AB6704A09F20B1E9"><header>Neotropical migratory bird
conservation</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id61A72A561FEB47C692A92719A0AA13EA"><header>Multinational species conservation
fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id8A0107995C75414D85730D7AAE5D2E4B"><header>State and tribal wildlife
grants</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>,
That the non-Federal share of such projects may not be derived from Federal
grant programs: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="id6D4D07D468C84046BD9E57AF18E709B4"><header>Administrative provisions</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, That the Service may accept donated aircraft as replacements
for existing aircraft.</text>
</appropriations-small><appropriations-intermediate id="id7F6D3453BF904943BAD91DC62E7782D8"><header>National park
service</header>
</appropriations-intermediate><appropriations-small id="id3CF6A0F4F41B4CA4842779DBC565DE22"><header>Operation of the national park
system</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idF118A6F356304481B49042D5FC90922A"><header>National recreation and
preservation</header><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-small id="idA7B5D79668FF4D288778F34E51130D57"><header>Historic preservation
fund</header>
</appropriations-small><appropriations-small id="id1D47A37577ED469783A432E3C440F994"><text display-inline="no-display-inline">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..</text>
</appropriations-small><appropriations-small id="id0D54237F69C4427DB94136E65E4CC203"><header>Construction</header>
</appropriations-small><appropriations-small id="id04D6D52C0DAE40F9AD4745A68AFDDBDB"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id9C58A6EB5858406AB18D327203415FDC"><header>Land and water conservation
fund</header>
</appropriations-small><appropriations-small id="id7F09B02FAF9949489876CB4133455779"><header>(rescission)</header><text display-inline="no-display-inline">The contract authority provided for fiscal
year 2010 by 16 U.S.C. 460l–10a is rescinded.</text>
</appropriations-small><appropriations-small id="idB0F0B3F78C114ABEBB136706A81E12E7"><header>Land acquisition and state
assistance</header>
</appropriations-small><appropriations-small id="id16223B70ED6C4DAF9E77FE34D6E5AA3B"><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-small id="id12C381A12B3C478D8AB197DEEE660D63"><header>Administrative
provisions</header>
</appropriations-small><appropriations-small id="id656B411819E74C15B8A4DC8ECB3F1137"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id7099C4F037584DF2AAB03B3A77B92D3D"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idD2DAECFAD8524E219BF0725A49A3119C"><header>United states geological
survey</header>
</appropriations-intermediate><appropriations-small id="idCF15A172B76743F6A9313CD637B47CF8"><header>Surveys, investigations, and
research</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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:
<italic>Provided further,</italic> 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.</text>
</appropriations-small><appropriations-small id="id679AD73AA3A94BEAAE1729B341FFB976"><header>Administrative provisions</header><text display-inline="no-display-inline">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:
<italic>Provided,</italic> 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.: <italic>Provided
further,</italic> 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.</text>
</appropriations-small><appropriations-intermediate id="id1D963E7E0406462494C70BAA9A62A422"><header>Minerals management
service</header>
</appropriations-intermediate><appropriations-small id="id7E91CCE4A2A04E77A72ADC61C083AB66"><header>Royalty and offshore minerals
management</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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: <italic>Provided further,</italic> 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:
<italic>Provided further,</italic> That the term <term>qualified Outer
Continental Shelf revenues</term>, 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: <italic>Provided
further</italic>, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup activities:
<italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id65C1A5A83F874A95A6DD1EFD3D4A3E56"><header>Oil spill research</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id96AD043EB57C4265B4A868C15F0F6C82"><header>ADMINISTRATIVE PROVISION</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id92F7743E224347A48109CF2DAD5CEF9F"><header>Office of surface mining reclamation
and enforcement</header>
</appropriations-intermediate><appropriations-small id="id519D030D9F4449F1B8476043C3D75FDE"><header>Regulation and technology</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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.</text>
</appropriations-small><appropriations-small id="idFE4094821E89464490746EFE1322C249"><header>Abandoned mine reclamation
fund</header>
</appropriations-small><appropriations-small id="id0DD9EA3628A749C397FEC1328DD26766"><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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: <italic>Provided
further,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, That such projects
must be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: <italic>Provided further,</italic> 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.</text>
</appropriations-small><appropriations-small id="idB2AFCF8DCB7C495EB59EA8DBC4DBFFEB"><header>Administrative provision</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id6D95A315E18C4126B3D64FCF0BD8BFC3"><header>Bureau of indian
affairs</header>
</appropriations-intermediate><appropriations-small id="idFB4DDC55A155487DB397DF4C6DDE4389"><header>Operation of indian
programs</header>
</appropriations-small><appropriations-small id="id4AECE950AB2F42F48E7143520CB38F20"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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
<act-name parsable-cite="ISDA">Indian Self-Determination and Education
Assistance Act</act-name> 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: <italic>Provided,</italic> 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 <act-name parsable-cite="ISDEAA">Indian Self-Determination
Act</act-name> 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:
<italic>Provided</italic><italic>further</italic>, That notwithstanding any
other provision of law, including but not limited to the
<act-name parsable-cite="ISDEAA">Indian Self-Determination Act</act-name> 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: <italic>Provided
further,</italic> 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:
<italic>Provided further,</italic> That any such unobligated balances not so
transferred shall expire on September 30, 2012:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id06352E889DEB497885BE2A6D3BE72775"><header>Construction</header>
</appropriations-small><appropriations-small id="id5332BB0333DB4510B8200D2644DA10DF"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> That such amounts as may
be available for the construction of the Navajo Indian Irrigation Project may
be transferred to the Bureau of Reclamation: <italic>Provided further,</italic>
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: <italic>Provided further,</italic>
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: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> That if
the Secretary declines a grant application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2504(f): <italic>Provided further,</italic>
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):
<italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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.</text>
</appropriations-small><appropriations-small id="id5CE65030B6014DEEB71D77D307619046"><header>Indian land and water claim settlements
and miscellaneous payments to indians</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id05E09B2077A24995ABDD68B260A5EA55"><header>Indian Land Consolidation,
BIA</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id95E144715CBF45AA8743A892661896F6"><header>Indian guaranteed loan program
account</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="id5EB4FCB2CC534A8382BDAE001A003241"><header>Administrative provisions</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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
<act-name parsable-cite="ISDEAA">Indian Self-Determination Act</act-name> or
the Tribal Self-Governance Act of 1994 (Public Law 103–413).</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idC42242E1CDD647CABC02F537106B15C4"><header>Departmental
offices</header>
</appropriations-intermediate><appropriations-intermediate id="idA68B3FD13B27477A80A44A56B13A41B4"><header>Office of the
secretary</header>
</appropriations-intermediate><appropriations-small id="idD521889021C5451AA01529D68D05093B"><header>Salaries and expenses</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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: <italic>Provided further,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="idC480B34DE8CD47A4A05A7CD0EADE5529"><header>Insular
affairs</header>
</appropriations-intermediate><appropriations-small id="id84F396EB59164BA7836CAE55401FE98B"><header>Assistance to territories</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id28DF4FF53CD44AEABEB6E776AC9BF049"><header>Compact of free
association</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="id4DF8C9CD7D2B48988B584BC4F728DF19"><header>Office of the
solicitor</header>
</appropriations-intermediate><appropriations-small id="id86ED0B6885B147B292947D720E287FA6"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Office of the
Solicitor, $65,076,000.</text>
</appropriations-small><appropriations-intermediate id="idB8D4A282AD0646088874A1A0124EEE78"><header>Office of inspector
general</header>
</appropriations-intermediate><appropriations-small id="idF3C35D6054F646F4B65BBC43FFFD5E6A"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Inspector General, $48,590,000.</text>
</appropriations-small><appropriations-intermediate id="idD6A17283834441148FBA98A7CE81BE65"><header>Office of the special trustee for
american indians</header>
</appropriations-intermediate><appropriations-small id="id712859D16D274B22A72509D07721C324"><header>Federal trust
programs</header>
</appropriations-small><appropriations-small id="id09538FA423544F1196C968F6877D7498"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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)):
<italic>Provided</italic>, That funds for trust management improvements and
litigation support may, as needed, be transferred to or merged with the Bureau
of Indian Affairs, <quote>Operation of Indian Programs</quote> account; the
Office of the Solicitor, <quote>Salaries and Expenses</quote> account; and the
Office of the Secretary, <quote>Salaries and Expenses</quote> account:
<italic>Provided further</italic>, That funds made available through contracts
or grants obligated during fiscal year 2010, as authorized by the
<act-name parsable-cite="ISDEAA">Indian Self-Determination Act</act-name> of
1975 (25 U.S.C. 450 et seq.), shall remain available until expended by the
contractor or grantee: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That erroneous payments that are recovered shall be credited
to and remain available in this account for this
purpose.</text>
</appropriations-small><appropriations-intermediate id="id6A638DED407748369A9D60DBA7C49002"><header>Department-wide
programs</header>
</appropriations-intermediate><appropriations-small id="idAA7F2575D2EE4F97883A67A97EFD824B"><header>Wildland fire
management</header>
</appropriations-small><appropriations-small id="id8AA47AA5AB78497D8ACC6156B113BE62"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That such funds are
also available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: <italic>Provided
further</italic>, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available from this
appropriation: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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 <act-name parsable-cite="ESA">Endangered Species Act
of 1973</act-name> (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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further,</italic> That funds provided for wildfire suppression
shall be available for support of Federal emergency response
actions.</text>
</appropriations-small><appropriations-small id="id3EDF1B33DB854BFD86F252B484BE75D6"><header>Central hazardous materials
fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That Public Law 110–161 (121
Stat. 2116) under this heading is amended by striking <quote>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</quote> and inserting
in lieu thereof <quote>including any fines or
penalties</quote>.</text>
</appropriations-small><appropriations-small id="idE20F6306E9084ECF954597FBA3BC28BA"><header>Natural resource damage assessment and
restoration</header>
</appropriations-small><appropriations-small id="id429AB6371956444F87600BD47B78E1A8"><header>Natural resource damage assessment
fund</header><text display-inline="no-display-inline">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 <act-name parsable-cite="FWPCA">Federal Water Pollution
Control Act</act-name>, 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.</text>
</appropriations-small><appropriations-small id="id5A2AAECD80EF4F8E843F4C05FAC19ABA"><header>Working capital fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id7504FB010825453091A01B95F0EE1AF8"><header>Administrative provision</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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.</text>
</appropriations-small><appropriations-intermediate id="idA987BB43E269428D8A2D1059F4093E91"><header>General provisions, department of the
interior</header>
</appropriations-intermediate><appropriations-small id="id04A8F1D55BD2430A8A0BB30E24A2C6A1"><header>emergency transfer
authority—intra-bureau</header>
</appropriations-small><appropriations-small id="id12DF3F04C8FD494F897F5DB99B5B9FF5"><header>(including transfers of
funds)</header>
</appropriations-small><section id="ID5E44EFFA9FE7475FBF6CCB1D131642CF"><enum>101.</enum><text>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: <italic>Provided,</italic> 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.</text>
<appropriations-small id="id66266036D6674F1FA74E0EF869DD2987"><header>emergency transfer
authority—department-wide</header>
</appropriations-small></section><section id="IDD2869E94FB2241BC8496ED7E42699CA0"><enum>102.</enum><text>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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That for wildland fire operations,
no funds shall be made available under this authority until the Secretary
determines that funds appropriated for <quote>wildland fire operations</quote>
shall be exhausted within 30 days: <italic>Provided further</italic>, That all
funds used pursuant to this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible: <italic>Provided
further</italic>, That such replenishment funds shall be used to reimburse, on
a pro rata basis, accounts from which emergency funds were transferred.</text>
<appropriations-small id="idB5DE281C3F894CAD8682224DC22697C0"><header>authorized use of
funds</header>
</appropriations-small></section><section id="ID591A4139E1E74E0C92770E624FA7C8EB"><enum>103.</enum><text>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.</text>
<appropriations-small id="id41E2C2F2E84A432281A6F7A285A9292F"><header>authorized use of
funds</header>
</appropriations-small></section><section id="ID7BC9EB8BFFCD4CE8BA42B8F40D1E1C8C"><enum>104.</enum><text>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.</text>
<appropriations-small id="id5CC382537A074D7C9484293F2B952496"><header>redistribution of
funds</header>
</appropriations-small></section><section id="IDD0AA609086844E668CE3C9DEF502B118"><enum>105.</enum><text>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.</text>
<appropriations-small id="idDC1E549DB46E43429985C0BCF85219E5"><header>twin cities research
center</header>
</appropriations-small></section><section id="IDD9B234F470B0436D8A782A88D05BA689"><enum>106.</enum><text>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:
<italic>Provided,</italic> 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.</text>
<appropriations-small id="idC49138827DCA4B8BAAAA5241EF6446F6"><header>payment of
fees</header>
</appropriations-small></section><section id="ID817B9744D1904EBFA1046F0CE93F7D6A"><enum>107.</enum><text>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.</text>
<appropriations-small id="id2B135D8F28654123A94628EE8F446AD1"><header>ellis, governors, and liberty
islands</header>
</appropriations-small></section><section id="ID18D422223530498398FDFDFF4BFD608A"><enum>108.</enum><text>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.</text>
<appropriations-small id="id2D3858933F364733A2A269DEB33A9DAD"><header>prohibition on use of
funds</header>
</appropriations-small></section><section commented="no" id="IDFBDF01546B8240BBB5432B50F6833F84"><enum>109.</enum><subsection commented="no" display-inline="yes-display-inline" id="id48051EFA0C534936B3C40F09E25E7022"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="added" commented="no" id="id3183DA4E16534E37A5DA5405EAFD49F7" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="idD92537A81DF843F4AA4212FCFC17F63F"><header>use of cooperative
agreements</header>
</appropriations-small><section id="IDFA142C2A6D5C443DBD69178C4A5B4E88"><enum>110.</enum><text>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.</text>
<appropriations-small id="id8E5D5BB3225C444BB0E669C76BAF4E8E"><header>conforming
amendment</header>
</appropriations-small></section><section id="ID883B17E7C6F24321B602534B8E090D08"><enum>111.</enum><text>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
<term>royalty payment</term> shall include any payment required by such lease,
easement, right of way or other agreement, regardless of form, or by applicable
regulation.</text>
<appropriations-small id="id09A0BCC02A0B4FDCBBC3F2E0821A5AE2"><header>prohibition on use of funds, point
reyes national seashore</header>
</appropriations-small></section><section commented="no" id="ID0C35C54C2F3F4749B3C9A05036EF250D"><enum>112.</enum><text>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.</text>
<appropriations-small id="idAFE86426A5F147E9AD1C32270CE8229F"><header>Outer Continental Shelf Inspection
Fees</header>
</appropriations-small></section><section id="ID90f5501e055d49449a005e315cde8d4f"><enum>113.</enum><subsection commented="no" display-inline="yes-display-inline" id="id56F7F82CAFDA44E6A50677C49AD1A56B"><enum>(a)</enum><text>In fiscal year 2010,
the Minerals Management Service (MMS) shall collect a non-refundable inspection
fee, which shall be deposited in the <quote>Royalty and Offshore Minerals
Management</quote> 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.</text>
</subsection><subsection changed="added" id="ID49361acfe7b74bb498f0520301cdff15" reported-display-style="italic"><enum>(b)</enum><text>Fees for 2010 shall
be:</text>
<paragraph id="ID91c20361ddb24889ae5d2ca14a3b2444"><enum>(1)</enum><text>$2,000 for facilities
with no wells, but with processing equipment or gathering lines;</text>
</paragraph><paragraph id="ID337c812ee8f74abc83dfa0ad22afa96a"><enum>(2)</enum><text>$3,250 for facilities
with one to ten wells, with any combination of active or inactive wells;
and</text>
</paragraph><paragraph id="IDa96a51806ab149f0af969118a38be71f"><enum>(3)</enum><text>$6,000 for facilities
with more than ten wells, with any combination of active or inactive
wells.</text>
</paragraph></subsection><subsection changed="added" id="IDf6b77e1d1b3b45edbe2545dee868979d" reported-display-style="italic"><enum>(c)</enum><text>MMS will bill designated
operators within 60 days of enactment of this Act, with payment required within
30 days of billing.</text>
</subsection></section><appropriations-small id="idFB8665695C634D53A1BC4DD6465A53F6"><header>Yosemite National Park Authorized
Payments, amendment</header>
</appropriations-small><section id="IDc8b8194eda7d4f08bb67c22c48b2427a"><enum>114.</enum><text>Section 101(a)(1) of
Public Law 109–131 is amended by striking <quote>2009</quote> and inserting
<quote>2013</quote>.</text>
<appropriations-small id="id1FEADF6AD4F04A1992D2C43788F96ED6"><header>Northern Plains Heritage Area,
amendment</header>
</appropriations-small></section><section id="id3B74FC6ED0C14CB889F4842CBEA5D3BF"><enum>115.</enum><text display-inline="yes-display-inline">Section 8004 of the Omnibus Public Land
Management Act of 2009 (Public Law 111–11; 123 Stat. 1240) is amended—</text>
<paragraph id="idEF40BE0991464D1280623A1A8D30B85D"><enum>(1)</enum><text display-inline="yes-display-inline">by redesignating subsections (g) through
(i) as subsections (h) through (j), respectively;</text>
</paragraph><paragraph id="idC7CD3BCD255F40189E95E83E9B71E6D2"><enum>(2)</enum><text display-inline="yes-display-inline">in subsection (h)(1) (as redesignated by
paragraph (1)), in the matter preceding subparagraph (A), by striking
<quote>subsection (i)</quote> and inserting <quote>subsection (j)</quote>;
and</text>
</paragraph><paragraph id="idD679A8936A4346BB8BFB6F23490B2AEC"><enum>(3)</enum><text>by inserting after
subsection (f) the following:</text>
<quoted-block changed="not-changed" display-inline="no-display-inline" id="idC2C4B2715BB246B6883754F07B7FF7A2" style="appropriations">
<subsection changed="added" id="IDabee2081cad44435b62d01739cab15bc" reported-display-style="italic"><enum>(g)</enum><header>Requirements for
inclusion and removal of property in Heritage Area</header>
<paragraph id="ID4ff0301eccb0482cb4b4c0891876a82f"><enum>(1)</enum><header>Private property
inclusion</header><text>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.</text>
</paragraph><paragraph id="ID24b2956e6e1242afad4092f59359af44"><enum>(2)</enum><header>Property
removal</header>
<subparagraph id="id70A582A8625F45F5BDFFA1615CE2DE38"><enum>(A)</enum><header>Private
property</header><text>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.</text>
</subparagraph><subparagraph id="IDdb77f8a6ac92400d83ae66750da17b1b"><enum>(B)</enum><header>Public
property</header><text>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.</text>
</subparagraph></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><appropriations-small id="id7D6714FED4B448129796E69AE50E6F76"><header>Pearl Harbor Naval Complex, Joint
Ticketing</header>
</appropriations-small><section id="idE731547112C84FD48E117D20B7C73235"><enum>116.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3F7BBF3227CE4B178566BFBC6430C980"><enum>(a)</enum><header>Definitions</header><text>In
this section:</text>
<paragraph changed="added" id="id8997F14541B343F2BDA37C40818F8432" reported-display-style="italic"><enum>(1)</enum><header>Historic
attraction</header><text display-inline="yes-display-inline">The term
<quote>historic attraction</quote> mean a historic attraction within the Pearl
Harbor Naval Complex, including—</text>
<subparagraph id="idA0D3624DB45C466FB0E96BFFD73D4106"><enum>(A)</enum><text display-inline="yes-display-inline">the USS Bowfin Submarine Museum and
Park;</text>
</subparagraph><subparagraph id="id0216DC252BA44734BD3BCFCD17C0933B"><enum>(B)</enum><text display-inline="yes-display-inline">the Battleship Missouri Memorial;</text>
</subparagraph><subparagraph id="id7461A6E2C6B24D50B6DB8733A356DBE3"><enum>(C)</enum><text display-inline="yes-display-inline">the Pacific Aviation Museum-Pearl Harbor;
and</text>
</subparagraph><subparagraph id="idD751EE0AFCCC4FE1B04174DAC13143B3"><enum>(D)</enum><text display-inline="yes-display-inline">any other historic attraction within the
Pearl Harbor Naval Complex that—</text>
<clause id="id8DB1762F724845D3B731255590EA0B26"><enum>(i)</enum><text display-inline="yes-display-inline">the Secretary identifies as a Pearl Harbor
historic attraction; and</text>
</clause><clause id="idCAE9428693514FFDA9466EDFAAE26D52"><enum>(ii)</enum><text display-inline="yes-display-inline">is not administered or managed by the
Secretary.</text>
</clause></subparagraph></paragraph><paragraph changed="added" id="id86FA9C42E4F44BB2A2E86D3472EC5C63" reported-display-style="italic"><enum>(2)</enum><header>Monument</header><text>The
term <quote>Monument</quote> means the Word War II Valor in the Pacific
National Monument in the State of Hawaii.</text>
</paragraph><paragraph changed="added" id="idCC4900269F2B4EF7B27876D853A24E62" reported-display-style="italic"><enum>(3)</enum><header>Secretary</header><text>The
term <quote>Secretary</quote> means the Secretary of the Interior.</text>
</paragraph><paragraph changed="added" id="id8717171ADEC2404E992EA97E7C691470" reported-display-style="italic"><enum>(4)</enum><header>Visitor
center</header><text>The term <quote>Visitor Center</quote> means the visitor
center located within the Pearl Harbor Naval Complex on land that is—</text>
<subparagraph id="id338C806FBFC049F4AE5270F05F7B2832"><enum>(A)</enum><text>within the Monument;
and</text>
</subparagraph><subparagraph id="id2F52E7E6FFBD482DBD8ED7943A733BD0"><enum>(B)</enum><text>managed by the Secretary,
acting through the Director of the National Park Service.</text>
</subparagraph></paragraph></subsection><subsection changed="added" id="id253D3D15C9C34E4DBEBFAD3948237DE8" reported-display-style="italic"><enum>(b)</enum><header>Facilitation of
admission to historic attractions within pearl harbor naval complex</header>
<paragraph id="ID07637b2d92bd45a09c70960c30363c23"><enum>(1)</enum><header>In
general</header><text>In managing the Monument, the Secretary may enter into an
agreement with any organization that is authorized to administer or manage a
historic attraction—</text>
<subparagraph id="ID8031f91b6dae44e6b6a620a821f4284a"><enum>(A)</enum><text>to allow visitors to the
historic attraction to gain access to the historic attraction by passing
through security screening at the Visitor Center; and</text>
</subparagraph><subparagraph id="IDd678d81396424ae8872d70f532d66229"><enum>(B)</enum><text>to allow the sale of
tickets to a historic attraction within the Visitor Center by—</text>
<clause id="idFD279F0962174040BEC772C69AA47017"><enum>(i)</enum><text>employees of the National
Park Service; or</text>
</clause><clause id="id07FBDEC3A8D44BD890720C332594ACB6"><enum>(ii)</enum><text>the organization that
administers or manages the historic attraction.</text>
</clause></subparagraph></paragraph><paragraph id="IDf82db13644fe4c27b8e01fff9af256ee"><enum>(2)</enum><header>Terms and
conditions</header><text>In any agreement entered into under paragraph (1), the
Secretary—</text>
<subparagraph id="ID2e5407bb7ba440b5add8299228ef17f7"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="IDd4a547dc76704ffdb78ab529d62dd03c"><enum>(B)</enum><text>shall ensure that the
liability of the United States is limited with respect to any liability arising
from—</text>
<clause id="id104445973B6C44B3B2E1C18053703D4F"><enum>(i)</enum><text>the admission of the
public through the Visitor Center to a historic attraction; and</text>
</clause><clause id="idFB3E4F13B3E74B859A8BEA68103C0C64"><enum>(ii)</enum><text>the sale or issuance of
any tickets to the historic attraction; and</text>
</clause></subparagraph><subparagraph id="ID3c7df5f266d74c20b80288c934aaa8f5"><enum>(C)</enum><text>may include any other
terms and conditions that the Secretary determines to be appropriate.</text>
</subparagraph></paragraph><paragraph id="idF4AA5E3A00314359A9C96F9E41D68823"><enum>(3)</enum><header>Use of
fees</header><text>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.</text>
</paragraph><paragraph id="ID8df5a70c5f2a449d867830bda0e2ac3c"><enum>(4)</enum><header>Limitation of
authority</header><text>Nothing in this section authorizes the
Secretary—</text>
<subparagraph id="ID632456910a3544a29d76a85107f8154c"><enum>(A)</enum><text>to regulate or approve
the rates for admission to a historic attraction;</text>
</subparagraph><subparagraph id="idADC38253F80E4032BE2713CDA53EF21F"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="ID8fc82bf2d1ba4a6b93cdc9a12925ff05"><enum>(C)</enum><text>to charge an entrance fee
for admission to the Monument.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID3d9eb60698c24caface8354c476b7df7"><enum>(5)</enum><header>Protection of
resources</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><appropriations-small id="id50028A0E668644369EB1B7056E35B1C8"><header>Assistance for the Republic of
Palau</header>
</appropriations-small><section id="id1A509CD9F3DA44679482A41E023C49FA"><enum>117.</enum><subsection commented="no" display-inline="yes-display-inline" id="idD22A5118B0C94C53B64EDC5E1F412516"><enum>(a)</enum><header>In
general</header><text>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 <quote>Compact</quote>).</text>
</subsection><subsection changed="added" id="id3AFD4059090641E8852F1F57F5314188" reported-display-style="italic"><enum>(b)</enum><header>Programmatic
assistance</header><text>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.</text>
</subsection><subsection changed="added" id="id087EE4C2C9F149FD944230BDD780BD31" reported-display-style="italic"><enum>(c)</enum><header>Limitations on
assistance</header>
<paragraph id="id88306D84A7844681A844F423023BFA75"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="id32C803F97634478296C49A9584808757"><enum>(2)</enum><header>Trust
fund</header><text>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.</text>
</paragraph></subsection></section><appropriations-small id="id700E04627C6144C8AA6B7D853ABB7AE5"><header>golden gate national recreation area,
fort baker amendment</header>
</appropriations-small><section id="id0682ECCABA874F05A19845D96A55D140"><enum>118.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id50673E3D85934409B6281C5B8A57129E"><header>Theodore Roosevelt National Park, elk
reduction</header>
</appropriations-small></section><section id="IDafd743a28cb94bf492e07a4188d5c5bf"><enum>119.</enum><text>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.</text>
<appropriations-small id="id82EB1C1EDA5B491E8BE9A844B0F78521"><header>Point Reyes National Seashore,
extension of permit</header>
</appropriations-small></section><section id="id6042499EF5ED4D079C0F80382B70AE64"><enum>120.</enum><text display-inline="yes-display-inline">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:
<italic>Provided</italic>, 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.</text>
<appropriations-small id="idE8E89F4B8CDE4265BB6FF4DA4A363C4A"><header>Contribution
Authority</header>
</appropriations-small></section><section id="IDfc23f0b0acc0461fa94c630dde64a423"><enum>121.</enum><text>Title 43 U.S.C. 1473, as
amended by Public Law 110–161 and Public Law 111–8, is further amended by
deleting <quote>in fiscal years 2008 and 2009 only</quote> and inserting
<quote>in fiscal years 2008, 2009 and 2010 only</quote>.</text>
<appropriations-small id="id61DD496CCD8D45DF8EC8E5EEEBF5AD6F"><header>National Park System, special resource
study</header>
</appropriations-small></section><section id="IDa2073c8e8b3d4bb6918de99d05341017"><enum>122.</enum><subsection commented="no" display-inline="yes-display-inline" id="idD585F901AF834E1D985DDCC8508F7FEE"><enum>(a)</enum><header>In
general</header><text>The Secretary of the Interior (referred to in this
section as the <quote>Secretary</quote>) 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.</text>
</subsection><subsection changed="added" id="IDd18aaf0beb764e2b82a545008e5dc3f8" reported-display-style="italic"><enum>(b)</enum><header>Guidelines</header><text>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).</text>
</subsection><subsection changed="added" id="ID28b3c8aca5294db7827aaade140ab8a2" reported-display-style="italic"><enum>(c)</enum><header>Consultation</header><text>In
conducting the study, the Secretary shall consult with—</text>
<paragraph id="idA7E6A9620BD2433289CE51ADF725096E"><enum>(1)</enum><text>the State of
Hawaii;</text>
</paragraph><paragraph id="idC60E63B6153B424F8D68D4DBEBC01D18"><enum>(2)</enum><text>appropriate Federal
agencies;</text>
</paragraph><paragraph id="id38E5B1EC6962475CB9B666881BAFED71"><enum>(3)</enum><text>Native Hawaiian and local
government entities;</text>
</paragraph><paragraph id="id42AAB3D1CA3B48AA8E3075EF1C374144"><enum>(4)</enum><text>private and nonprofit
organizations;</text>
</paragraph><paragraph id="id4A781C74D6E8493AB7B544BE03BBCE76"><enum>(5)</enum><text>private land owners;
and</text>
</paragraph><paragraph id="id5CE483E6A8FD4AD49E710E0BC0E2647E"><enum>(6)</enum><text>other interested
parties.</text>
</paragraph></subsection><subsection changed="added" id="IDf7d5cb61a88049d989a175d455f076be" reported-display-style="italic"><enum>(d)</enum><header>Themes</header><text display-inline="yes-display-inline">The study shall evaluate the Honouliuli
Gulch, associated sites located on Oahu, and other islands located in the State
of Hawaii with respect to—</text>
<paragraph id="ID3f23d3ac137b4d6bae5355ec873d8a7e"><enum>(1)</enum><text>the significance of the
site as a component of World War II;</text>
</paragraph><paragraph id="IDd2e0298051974621a78d48de451b7cc6"><enum>(2)</enum><text>the significance of the
site as the site related to the forcible internment of Japanese Americans,
European Americans, and other individuals; and</text>
</paragraph><paragraph id="IDb2ebf6478b274038b50312d8ec25d340"><enum>(3)</enum><text>historic resources at the
site.</text>
</paragraph></subsection><subsection changed="added" commented="no" display-inline="no-display-inline" id="ID16968a15e0e247cd8b74d0cf48300616" reported-display-style="italic"><enum>(e)</enum><header>Report</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="id2C7692A6D6E645498EE8DA5E996A5E92"><enum>123.</enum><header>Prohibition on use of
funds to impede operational control</header><text display-inline="yes-display-inline">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.</text>
</section><section id="id1C47588FC8FA41CDB7C4A2E9A9F67358"><enum>124.</enum><text display-inline="yes-display-inline">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.</text>
</section><enum>II</enum>
<appropriations-major id="idA35AA1B17D2F4287B5FE0E44AC0D802B"><header>Environmental protection
agency</header>
</appropriations-major><appropriations-intermediate id="idF13D44A9AE9D498797FD75217BE4EDBC"><header>Science and technology</header><text display-inline="no-display-inline">For science and technology, including
research and development activities, which shall include research and
development activities under the <act-name parsable-cite="CERCL">Comprehensive
Environmental Response, Compensation, and Liability Act of 1980</act-name>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="idAFBE5CEFD4BB4F5287E252306F9B974F"><header>Environmental programs and
management</header><text display-inline="no-display-inline">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:
<italic>Provided,</italic> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id305505EC3CF84542B5C50C7AF3FB842F"><header>Office of inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id10D23A5BEA834C91A7D9DA48F0D50C1B"><header>Buildings and facilities</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id33572E61C633404F8778C5DB57E0D5C7"><header>Hazardous substance
superfund</header>
</appropriations-intermediate><appropriations-small id="id4B212C484FAC400BBF2CFC79A37654FD"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">For necessary expenses
to carry out the <act-name parsable-cite="CERCL">Comprehensive Environmental
Response, Compensation, and Liability Act of 1980</act-name> (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: <italic>Provided</italic>, That funds appropriated under this
heading may be allocated to other Federal agencies in accordance with section
111(a) of CERCLA: <italic>Provided further</italic>, That of the funds
appropriated under this heading, $9,975,000 shall be paid to the <quote>Office
of Inspector General</quote> appropriation to remain available until September
30, 2011, and $26,834,000 shall be paid to the <quote>Science and
Technology</quote> appropriation to remain available until September 30,
2011.</text>
</appropriations-small><appropriations-intermediate id="id097A858DC1514F5892487FF2DEB0784C"><header>Leaking underground storage tank trust
fund program</header><text display-inline="no-display-inline">For necessary
expenses to carry out leaking underground storage tank cleanup activities
authorized by subtitle I of the <act-name parsable-cite="SWDA">Solid Waste
Disposal Act</act-name>, 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
<act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name>, as amended;
$35,500,000 shall be for carrying out the other provisions of the
<act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name> specified in
section 9508(c) of the Internal Revenue Code, as amended:
<italic>Provided</italic>, That the Administrator is authorized to use
appropriations made available under this heading to implement section 9013 of
the <act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name> to
provide financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground storage
tanks.</text>
</appropriations-intermediate><appropriations-intermediate id="idE89FB30B99E6400199E6512185A19940"><header>Oil spill response</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id3FB20BEE031F4DA1B6970EB494FE518D"><header>State and tribal assistance
grants</header><text display-inline="no-display-inline">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 <act-name parsable-cite="FWPCA">Federal Water Pollution Control
Act</act-name>, as amended (the <quote>Act</quote>); 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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 <act-name parsable-cite="FWPCA">Federal Water Pollution Control
Act</act-name> (33 U.S.C. 1301) or the <act-name parsable-cite="CFRDA">Consolidated Farm and Rural Development Act</act-name> (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 <act-name parsable-cite="CERCL">Comprehensive Environmental Response, Compensation, and
Liability Act of 1980</act-name> (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 <act-name parsable-cite="CAA">Clean Air Act</act-name> 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 <quote>Leaking Underground Storage Tank Trust Fund Program</quote> to
carry out the provisions of the <act-name parsable-cite="SWDA">Solid Waste
Disposal Act</act-name> specified in section 9508(c) of the Internal Revenue
Code other than section 9003(h) of the <act-name parsable-cite="SWDA">Solid
Waste Disposal Act</act-name>, as amended, $2,500,000 shall be for grants to
States under section 2007(f)(2) of the <act-name parsable-cite="SWDA">Solid
Waste Disposal Act</act-name>, as amended: <italic>Provided further,</italic>
That notwithstanding section 603(d)(7) of the <act-name parsable-cite="FWPCA">Federal Water Pollution Control Act</act-name>, 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: <italic>Provided
further,</italic> 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:
<italic>Provided further,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, 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 <quote>Congressionally Designated Spending</quote> in section
430 of that joint explanatory statement) shall be made available to the City of
Quincy, Illinois, for drinking water system improvements: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>,
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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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 <quote>Congressionally Designated Spending</quote> 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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 <quote>Congressionally
Designated Spending</quote> 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: <italic>Provided
further</italic>, 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
<quote>Congressionally Designated Spending</quote> 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:
<proviso><italic>Provided further,
</italic></proviso><proviso><italic></italic>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
<quote>Congressionally Designated Spending</quote> 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:</proviso><proviso><italic>Provided further, </italic>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
<quote>Congressionally Designated Spending</quote> 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:
</proviso><proviso><italic>Provided further, </italic>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
<quote>Congressionally Designated Spending</quote> 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</proviso>: <added-phrase reported-display-style="italic">Provided
further,</added-phrase> 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 <quote>STAG
Infrastructure Grants/Congressional Priorities</quote> 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: <italic>Provided
further</italic>, 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 <quote>Congressionally Designated
Spending</quote> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id2DC72023059D41D09F17B5FFEB39C727"><header>Administrative provisions,
environmental protection agency</header>
</appropriations-intermediate><appropriations-small id="idF3C486D92ED4416FBB93D2D5976D0687"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">The Administrator of the Environmental
Protection Agency is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the
<act-name parsable-cite="FIFRA">Federal Insecticide, Fungicide, and Rodenticide
Act</act-name>, as amended by Public Law 110–94, the Pesticide Registration
Improvement Renewal Act.</text>
</appropriations-small><appropriations-small id="id369E695A6A1E4DB9873018AF29D69EAE"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idC39DBBE0BE42416889EF0C8BF985E1DD"><text display-inline="no-display-inline">From
unobligated balances to carry out projects and activities funded through the
State and Tribal Assistance Grants Account, $40,000,000 are permanently
rescinded:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="id69203E985EAC4C8FBD65C25440B083FE"><header>General Provisions, Environmental
Protection Agency</header>
</appropriations-intermediate><section id="id94B738FF8E1A487893883D8934044097"><enum>201.</enum><header>black
carbon</header><subsection commented="no" display-inline="yes-display-inline" id="idFE357028C7744562978709CC65A299B1"><enum>(a)</enum><text>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—</text>
<paragraph changed="added" id="id13EC546748F2448E8460D9B9F848EF67" reported-display-style="italic"><enum>(1)</enum><text display-inline="yes-display-inline">to improve global and domestic public
health; and</text>
</paragraph><paragraph changed="added" id="idB58A9A4618DD4ABCA3FFFE11D584FDA7" reported-display-style="italic"><enum>(2)</enum><text display-inline="yes-display-inline">to mitigate the climate impacts of black
carbon.</text>
</paragraph></subsection><subsection changed="added" id="id21C2DE8C87994781ABECD5B211E53211" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">In carrying out the study, the
Administrator shall—</text>
<paragraph id="idDFC5BCFEEB494A7EAD2F5DB600A4AC40"><enum>(1)</enum><text display-inline="yes-display-inline">identify global and domestic black carbon
sources, the quantities of emissions from those sources, and cost-effective
mitigation technologies and strategies;</text>
</paragraph><paragraph id="idF82CB13DD9F14FE8B2E2DDA0670DC4A0"><enum>(2)</enum><text display-inline="yes-display-inline">evaluate the public health, climate, and
economic impacts of black carbon;</text>
</paragraph><paragraph id="id25733F757F964DDD92B895C42FD7B0A2"><enum>(3)</enum><text display-inline="yes-display-inline">identify current and practicable future
opportunities to provide financial, technical, and related assistance to reduce
domestic and international black carbon emissions; and</text>
</paragraph><paragraph id="id4C55B07174D348B29ECA45D5E00AB563"><enum>(4)</enum><text display-inline="yes-display-inline">identify opportunities for future research
and development to reduce black carbon emissions and protect public health in
the United States and internationally.</text>
</paragraph></subsection><subsection changed="added" id="id07E564591F214E63BF6BC0646E2907B2" reported-display-style="italic"><enum>(c)</enum><text display-inline="yes-display-inline">Of the amounts made available under this
title under the heading <quote><header-in-text level="subsection" style="OLC">Environmental Programs and Management</header-in-text></quote> for
operations and administration, up to $2,000,000 shall be—</text>
<paragraph id="id45C7D60079E04C809A60E0C02E94DDE2"><enum>(1)</enum><text display-inline="yes-display-inline">transferred to the account used to fund the
Office of Air Quality Planning and Standards of the Environmental Protection
Agency; and</text>
</paragraph><paragraph id="id47D5E3B28E2F498997C1C8CB81F586A2"><enum>(2)</enum><text display-inline="yes-display-inline">used by the Administrator to carry out this
section.</text>
</paragraph></subsection></section><enum>III</enum>
<appropriations-major id="id5AE56936C9E3494D8F6E638A1C576E01"><header>Related
agencies</header>
</appropriations-major><appropriations-major id="id5A41A626B05C4313BE1DFCBA49E2C717"><header>Department of
agriculture</header>
</appropriations-major><appropriations-intermediate id="idDE121EEC04214D689494298583CA72C9"><header>Forest
service</header>
</appropriations-intermediate><appropriations-small id="id0C21865967484D8AB592FED4354DCA3D"><header>Forest and rangeland
research</header><text display-inline="no-display-inline">For necessary
expenses of forest and rangeland research as authorized by law, $307,012,000,
to remain available until expended: <italic>Provided,</italic> That of the
funds provided, $66,939,000 is for the forest inventory and analysis
program.</text>
</appropriations-small><appropriations-small id="id9A9E9248EF304D03B18A4C83C3AE0DC6"><header>State and private
forestry</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idB0B71F84C3C6440FAC4DF031EDEBD5B6"><header>National forest
system</header>
</appropriations-small><appropriations-small id="id211080CE266449408CB6AAF71A5A6E08"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">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
<act-name parsable-cite="LWCFA">Land and Water Conservation Fund Act of
1965</act-name>, 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)):
<italic>Provided,</italic> 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: <italic>Provided further</italic>, That $282,617,000 shall be made
available for recreation, heritage, and
wilderness.</text>
</appropriations-small><appropriations-small id="id7A9ADA1EFA6A42F7BD0D448315BC3D59"><header>Capital improvement and
maintenance</header>
</appropriations-small><appropriations-small id="id606EDADFC99341E989ABBDCDF809FC5E"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
of the Forest Service, not otherwise provided for, $513,418,000, to remain
available until expended<italic>,</italic> 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: <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further,</italic> 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="id1FD068327ED741B4B37BCB9E44B31357"><header>Land acquisition</header><text display-inline="no-display-inline">For expenses necessary to carry out the
provisions of the <act-name parsable-cite="LWCFA">Land and Water Conservation
Fund Act of 1965</act-name>, 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.</text>
</appropriations-small><appropriations-small id="idD7A497B54D2E463AA163B28963240AC9"><header>Acquisition of lands for national
forests special acts</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idEDBAD97107A643689922B0E037311582"><header>Acquisition of lands to complete land
exchanges</header><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-small id="idF4B3876EB4AB40DD9FD33A2E788137B3"><header>Range betterment fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id2304920E82CC457D8EB409443717233B"><header>Gifts, donations and bequests for
forest and rangeland research</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id1BCF6D30EC2E4C9FB99DB547F1D1527A"><header>Management of national forest lands for
subsistence uses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id291B01AEC4454340A9FC05F3D054C1E4"><header>Wildland fire
management</header>
</appropriations-small><appropriations-small id="id54CA158FDB454294AFEBF68E4E487468"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">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:
<italic>Provided,</italic> That such funds including unobligated balances under
this heading, are available for repayment of advances from other appropriations
accounts previously transferred for such purposes: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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:
<italic>Provided further,</italic> 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: <italic>Provided
further,</italic> That amounts in this paragraph may be transferred to the
<quote>State and Private Forestry</quote>, <quote>National Forest
System</quote>, and <quote>Forest and Rangeland Research</quote> 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: <italic>Provided further,</italic>
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 <quote>National
Forest System</quote> account at the sole discretion of the Chief of the Forest
Service 30 days after notifying the House and the Senate Committees on
Appropriations: <italic>Provided further,</italic> 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: <italic>Provided further,</italic> 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:
<italic>Provided further,</italic> 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:
<italic>Provided further,</italic> 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: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic> 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.</text>
</appropriations-small><appropriations-small id="id67494F0247514AC1AFFAD83583387C6E"><header>Collaborative forest landscape
restoration fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id27998DD2706745098E8A8F3F439ECEF5"><header>Administrative provisions, forest
service</header>
</appropriations-small><appropriations-small id="id3B5E4A95082B47E39C805F91023B9C01"><header>(INCLUDING TRANSFERS OF
FUNDS)</header><text display-inline="no-display-inline">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).</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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)).</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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: <italic>Provided,</italic> That, of the Federal
funds made available to the Foundation, no more than $200,000 shall be
available for administrative expenses:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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.</text><text display-inline="no-display-inline">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: <italic>Provided</italic>, That such funds
shall be matched on at least a one-for-one basis by the Foundation or its
sub-recipients: <italic>Provided further</italic>, 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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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)).</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-major id="idDB4E01EAB14C4812B1F093A633FABF43"><header>Department of health and human
services</header>
</appropriations-major><appropriations-intermediate id="idBC7CD7F130C7408A8C4AFA69C75CCEA3"><header>Indian health
service</header>
</appropriations-intermediate><appropriations-small id="id8C99A932F81E4A549F7ED9C2FC940051"><header>Indian health services</header><text display-inline="no-display-inline">For expenses necessary to carry out the Act
of August 5, 1954 (68 Stat. 674), the <act-name parsable-cite="ISDEAA">Indian
Self-Determination Act</act-name>, the <act-name parsable-cite="IHCIA">Indian
Health Care Improvement Act</act-name>, and titles II and III of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> 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: <italic>Provided</italic>,
That funds made available to tribes and tribal organizations through contracts,
grant agreements, or any other agreements or compacts authorized by the
<act-name parsable-cite="ISDA">Indian Self-Determination and Education
Assistance Act</act-name> 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: <italic>Provided further</italic>, That $779,347,000 for contract
medical care, including $48,000,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended: <italic>Provided
further</italic>, 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: <italic>Provided
further</italic>, 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 <act-name parsable-cite="IHCIA">Indian Health Care
Improvement Act</act-name>: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That the amounts collected by
the Secretary of Health and Human Services under the authority of title IV of
the <act-name parsable-cite="IHCIA">Indian Health Care Improvement
Act</act-name> shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and requirements of titles
XVIII and XIX of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, except for those related to the planning, design, or
construction of new facilities: <italic>Provided further</italic>, That funding
contained herein for scholarship programs under the
<act-name parsable-cite="IHCIA">Indian Health Care Improvement Act</act-name>
(25 U.S.C. 1613) shall remain available until expended: <italic>Provided
further</italic>, That amounts received by tribes and tribal organizations
under title IV of the <act-name parsable-cite="IHCIA">Indian Health Care
Improvement Act</act-name> shall be reported and accounted for and available to
the receiving tribes and tribal organizations until expended: <italic>Provided
further</italic>, 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 <act-name parsable-cite="ISDEAA">Indian Self-Determination
Act</act-name> 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: <italic>Provided
further</italic>, 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.): <italic>Provided further</italic>, That the
Indian Health Care Improvement Fund may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities
account.</text>
</appropriations-small><appropriations-small id="id1AA88AF627874E33BF59503020497E41"><header>Indian health facilities</header><text display-inline="no-display-inline">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 <act-name parsable-cite="ISDEAA">Indian
Self-Determination Act</act-name>, and the <act-name parsable-cite="IHCIA">Indian Health Care Improvement Act</act-name>, and for
expenses necessary to carry out such Acts and titles II and III of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to environmental health and facilities support activities of the Indian
Health Service, $394,757,000, to remain available until expended:
<italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>,
That not to exceed $2,700,000 from this account and the <quote>Indian Health
Services</quote> 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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="idAF26A60A1A784BC399F1DA4DAD44667A"><header>Administrative provisions, indian
health service</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">In accordance with the provisions of the
<act-name parsable-cite="IHCIA">Indian Health Care Improvement Act</act-name>,
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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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
<act-name parsable-cite="ISDA">Indian Self-Determination and Education
Assistance Act</act-name> 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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="ISDEAA">Indian
Self-Determination Act</act-name>, 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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">The appropriation structure for the Indian
Health Service may not be altered without advance notification to the House and
Senate Committees on Appropriations.</text>
</appropriations-small><appropriations-intermediate id="id3D3DDD7B01AA44078E90854A18534C31"><header>National institutes of
health</header>
</appropriations-intermediate><appropriations-small id="idAF022A9C3B39478AB7F0169E1F26DF1A"><header>National institute of environmental
health sciences</header><text display-inline="no-display-inline">For necessary
expenses for the National Institute of Environmental Health Sciences in
carrying out activities set forth in section 311(a) of the
<act-name parsable-cite="CERCL">Comprehensive Environmental Response,
Compensation, and Liability Act of 1980</act-name>, as amended, and section
126(g) of the Superfund Amendments and Reauthorization Act of 1986,
$79,212,000.</text>
</appropriations-small><appropriations-intermediate id="id90FDE8CB114B4E90BD959C79166883DB"><header>Agency for toxic substances and disease
registry</header>
</appropriations-intermediate><appropriations-small id="idFAA252EB8754463886D699ECC8E039C2"><header>Toxic substances and environmental
public health</header><text display-inline="no-display-inline">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
<act-name parsable-cite="CERCL">Comprehensive Environmental Response,
Compensation, and Liability Act of 1980</act-name> (CERCLA), as amended;
section 118(f) of the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the <act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name>, 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: <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-major id="id65F32933C4A849679895EFD7ABEBEE74"><header>Other related
agencies</header>
</appropriations-major><appropriations-intermediate id="id709E59404A0540E3ABEA2D244C92BE4D"><header>Executive office of the
president</header>
</appropriations-intermediate><appropriations-small id="id4FAAAD25D9784BD5916383D1C14136DE"><header>Council on environmental quality and
office of environmental quality</header><text display-inline="no-display-inline">For necessary expenses to continue functions
assigned to the Council on Environmental Quality and Office of Environmental
Quality pursuant to the <act-name parsable-cite="NEPA69">National Environmental
Policy Act of 1969</act-name>, 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:
<italic>Provided,</italic> 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.</text>
</appropriations-small><appropriations-intermediate id="idA0DCAB83C2A34C8E9F6D4F9619DDA3CD"><header>Chemical safety and hazard
investigation board</header>
</appropriations-intermediate><appropriations-small id="id194A98A0D963422685084808A54C9CF1"><header>Salaries and
expenses</header>
</appropriations-small><appropriations-small id="idAC515618767342488FCACFA4F55B501D"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
in carrying out activities pursuant to section 112(r)(6) of the
<act-name parsable-cite="CAA">Clean Air Act</act-name>, 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.</text>
</appropriations-small><appropriations-intermediate id="id2C5D9C57EF4847308ABEE89219164261"><header>Office of navajo and hopi indian
relocation</header>
</appropriations-intermediate><appropriations-small id="id3619A30C00E341DE9C19841D79B56801"><header>Salaries and expenses</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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: <italic>Provided further,</italic> 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:
<italic>Provided further,</italic> That no relocatee will be provided with more
than one new or replacement home: <italic>Provided further,</italic> 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.</text>
</appropriations-small><appropriations-intermediate id="id27B080C6BCAF4740B4485E70234F45F2"><header>Institute of american indian and alaska
native culture and arts development</header>
</appropriations-intermediate><appropriations-small id="id514E40DC73A74C71929B3FE7162C8D4B"><header>Payment to the institute</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id628E1545571A4C959927E5C32B35ED01"><header>Smithsonian
institution</header>
</appropriations-intermediate><appropriations-small id="id963EFD386BAA48368234AEC7D603FA93"><header>Salaries and expenses</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> That funds appropriated
herein are available for advance payments to independent contractors performing
research services or participating in official Smithsonian
presentations.</text>
</appropriations-small><appropriations-small id="id11E6A2EFB2964DA9A9B60DD1C31DD296"><header>Facilities capital</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id85936189DCFB453CA05B411BDE855BDD"><header>Legacy
fund</header>
</appropriations-small><appropriations-small id="id00FAA1396B3A407BAA5B9EE63849CD94"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such funds shall be
matched on a 1:1 basis by private donations:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That this
appropriation may be made available to the Smithsonian Institution
incrementally as private funding becomes available:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the unobligated
balances provided under this heading in Public Law 110–161 and Public Law 111–8
are hereby rescinded.</text>
</appropriations-small><appropriations-intermediate id="idB12C468C53264E5086F106970DA65C7B"><header>National gallery of
art</header>
</appropriations-intermediate><appropriations-small id="id2AAB120080D54AD4AF3F9F7E5E7AE3E6"><header>Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id0A088941131149FBB09834343302E9CF"><header>Repair, restoration and renovation of
buildings</header><text display-inline="no-display-inline">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:
<italic>Provided,</italic> That of this amount, up to $40,000,000 shall be
available for repair of the National Gallery's East Building façade:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the solicitation
and contract shall contain the clause “availability of funds” found at 48 CFR
52.232.18:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="idA2C287E508F14826BB2518D36A1A6702"><header>John F. kennedy center for the
performing arts</header>
</appropriations-intermediate><appropriations-small id="id9D1C2338AB9E4A3B9AB2076C26DABC38"><header>Operations and
maintenance</header><text display-inline="no-display-inline">For necessary
expenses for the operation, maintenance and security of the John F. Kennedy
Center for the Performing Arts, $22,500,000.</text>
</appropriations-small><appropriations-small id="id698A1D2110214CFBBC84783E4AE6C6E7"><header>Capital repair and
restoration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idF5E8E39C4AF5456CA525FBA03B281D6B"><header>Woodrow wilson international center for
scholars</header>
</appropriations-intermediate><appropriations-small id="id65A76B79A2044E528616A93B1CBB2D43"><header>Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id9984D8D4AD53439E8581C9DBF57AF408"><header>National foundation on the arts and the
humanities</header>
</appropriations-intermediate><appropriations-intermediate id="idEFD04E65AE69422EA55A82CEA0AFD624"><header>National endowment for the
arts</header>
</appropriations-intermediate><appropriations-small id="id70296FEA60AC4BCEADC1ED72C61C4E5B"><header>Grants and
administration</header>
</appropriations-small><appropriations-small id="id3BEBC96C204D4FEBBADF086F61E514F9"><text display-inline="no-display-inline">For
necessary expenses to carry out the <act-name parsable-cite="NFAHA">National
Foundation on the Arts and the Humanities Act of 1965</act-name>, 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:
<italic>Provided,</italic> That funds appropriated herein shall be expended in
accordance with sections 309 and 311 of Public Law
108–447.</text>
</appropriations-small><appropriations-intermediate id="idBC2B59E3A7074055A0C4878E5FD5C548"><header>National endowment for the
humanities</header>
</appropriations-intermediate><appropriations-small id="id74B727EEABB24D6197D9DA7CB8C147EF"><header>Grants and administration</header><text display-inline="no-display-inline">For necessary expenses to carry out the
<act-name parsable-cite="NFAHA">National Foundation on the Arts and the
Humanities Act of 1965</act-name>, 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):
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="idBCA684505BB04AF09025A5A4A76E7DE9"><header>Administrative provisions</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">None of the funds
appropriated to the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses:
<proviso><italic>Provided</italic></proviso>, That funds from
nonappropriated sources may be used as necessary for official reception and
representation expenses.</text><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="id688824706504473C8508FDCA6F932C23"><header>Commission of fine
arts</header>
</appropriations-intermediate><appropriations-small id="id2E67C6F7E9124D88BC47A6212589AB4F"><header>Salaries and expenses</header><text display-inline="no-display-inline">For expenses made necessary by the Act
establishing a Commission of Fine Arts (40 U.S.C. 104), $2,294,000:
<italic>Provided,</italic> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="idB89E221BDFBF46B7B2149191E1EE7F7F"><header>National capital arts and cultural
affairs</header><text display-inline="no-display-inline">For necessary expenses
as authorized by Public Law 99–190 (20 U.S.C. 956a), as amended, $9,500,000:
<italic>Provided</italic>, That no organization shall receive a grant in excess
of $650,000 in a single year.</text>
</appropriations-small><appropriations-intermediate id="idED61BD5A97804265AD93AAE5E2160D62"><header>Advisory council on historic
preservation</header>
</appropriations-intermediate><appropriations-small id="idC60477F6CC5C4AEBA8CF8198C071F7BA"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Advisory
Council on Historic Preservation (Public Law 89–665, as amended), $5,908,000:
<italic>Provided,</italic> That none of these funds shall be available for
compensation of level V of the Executive Schedule or higher
positions.</text>
</appropriations-small><appropriations-intermediate id="id9D18CBD6517F4999A6F40A819E34F708"><header>National capital planning
commission</header>
</appropriations-intermediate><appropriations-small id="idE05BA1B2E3B742CB95A7F1925282BF30"><header>Salaries and expenses</header><text display-inline="no-display-inline">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: <italic>Provided,</italic> 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.</text>
</appropriations-small><appropriations-intermediate id="id8896E4B1E21647C1A5674E1F9CC32B82"><header>United states holocaust memorial
museum</header>
</appropriations-intermediate><appropriations-small id="id894C0B85FEAC49DEA8BCE2E5BC943832"><header>Holocaust memorial museum</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id2BD1E738B26443DAA25FC44B1B1B518A"><header>Presidio
trust</header>
</appropriations-intermediate><appropriations-small id="idF1B29D45106142AD9044BCD97B45754B"><header>Presidio trust fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id1E176AAE9CCA48178A92EABCAC7B653F"><header>Dwight D. eisenhower memorial
commission</header>
</appropriations-intermediate><appropriations-small id="idEBEE3DAE478445B4B106DC40996ED586"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses, including the costs
of construction design, of the Dwight D. Eisenhower Memorial Commission,
$3,000,000, to remain available until expended.</text>
</appropriations-small><appropriations-small id="idF9F7F4350F944F938B833EA8D9EAAABB"><header>Capital Construction</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><enum>IV</enum>
<appropriations-major id="id36E1D6DF604648AABE233D0DBFF62104"><header>General
provisions</header>
</appropriations-major><appropriations-small id="idB2565B558DEC45BA8B7D979A90B2917F"><header>limitation on consulting
services</header>
</appropriations-small><appropriations-small id="id17741045DE95422EB6E110FF1C18F3BD"><header>(including transfers of
funds)</header>
</appropriations-small><section id="ID8FAA427A08374847951F2D888AB84FD3"><enum>401.</enum><text>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.</text>
<appropriations-small id="idD510408506F647C4BE63505FB743BA2A"><header>restriction on use of
funds</header>
</appropriations-small></section><section id="IDC105E5108FAB4C899B9D7431896A62D1"><enum>402.</enum><text>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.</text>
<appropriations-small id="id47BFC7DF7F3B41408B585FE24B9998DD"><header>prohibition on use of funds for
personal services</header>
</appropriations-small></section><section id="ID9552E4C381CF40E5BC224154EC33AB40"><enum>403.</enum><text>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.</text>
<appropriations-small id="idAC00C0C330E14E7FBC970B65B9878832"><header>disclosure of administrative
expenses</header>
</appropriations-small></section><section id="ID41DF21BE2D2F4BDA89F53F28548D5D71"><enum>404.</enum><text>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.</text>
<appropriations-small id="id774B9E87FD5949B6AA9F990F4FE28786"><header>giant
sequoia</header>
</appropriations-small></section><section id="IDE37313D4706E47568EB3F065A01D4224"><enum>405.</enum><text>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.</text>
<appropriations-small id="id0CD6E3D28AC441BF85671F2385F04273"><header>mining
applications</header>
</appropriations-small></section><section id="IDA80C97AAC3C54B58813186FE33CCA233"><enum>406.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID0E0DBC8D15E445BF90EA39821AEC97E4"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID27BF3E2E33D34138BD63AB27E118D3DA" reported-display-style="italic"><enum>(b)</enum><header>Exceptions</header><text>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.</text>
</subsection><subsection changed="added" id="IDA4EB0A318F8A4BE6AF07360491A95F14" reported-display-style="italic"><enum>(c)</enum><header>Report</header><text>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).</text>
</subsection><subsection changed="added" id="ID56078DC81A7C49C98A2D8D7785C21AB2" reported-display-style="italic"><enum>(d)</enum><header>Mineral
examinations</header><text>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.</text>
</subsection></section><appropriations-small id="idAB06F4C0D10B4E819EAD9EBAE5612874"><header>contract support
costs</header>
</appropriations-small><section id="ID9B6E60B34C704328B52F5FFC506C1009"><enum>407.</enum><text>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.</text>
<appropriations-small id="idD2AF1B260B7044D6B0B12A25C4A2B46E"><header>forest management
plans</header>
</appropriations-small></section><section id="IDC95D96A0BD3449028C1D1E52C2D2B1B8"><enum>408.</enum><text>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 <act-name parsable-cite="FRRRP">Forest and
Rangeland Renewable Resources Planning Act of 1974</act-name> (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:
<italic>Provided,</italic> 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.</text>
<appropriations-small id="id2CB492DD21DB4F6491AA8237AA520EEC"><header>prohibition within national
monuments</header>
</appropriations-small></section><section id="ID45D22552AA25497981189C309ADBA021"><enum>409.</enum><text>No funds provided in
this Act may be expended to conduct preleasing, leasing and related activities
under either the <act-name parsable-cite="MLA">Mineral Leasing Act</act-name>
(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.</text>
<appropriations-small id="idAA7936C9151148C7A24A1BC762836118"><header>international firefighter cooperative
agreements</header>
</appropriations-small></section><section id="IDDA05859EE9424ACE9C13D9ABF7462368"><enum>410.</enum><text>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:
<italic>Provided,</italic> 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: <italic>Provided
further,</italic> 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: <italic>Provided further,</italic> 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.</text>
<appropriations-small id="idDD4B0F730996424297B4F49ECA3EEE85"><header>contracting
authorities</header>
</appropriations-small></section><section id="ID34ABDE13EEA4467683F4507B66DD01A4"><enum>411.</enum><text>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 <quote>Secretaries</quote>) 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:
<italic>Provided,</italic> 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: <italic>Provided further,</italic>
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:
<italic>Provided further,</italic> That the terms <term>rural community</term>
and <term>economically disadvantaged</term> shall have the same meanings as in
section 2374 of Public Law 101–624: <italic>Provided further,</italic> That the
Secretaries shall develop guidance to implement this section: <italic>Provided
further,</italic> 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.</text>
<appropriations-small id="id3DE5BF450DE44060A89A8F411ADE404D"><header>prohibition on use of
funds</header>
</appropriations-small></section><section id="IDA0D0E4765C024BE49CE7B577BFB0A13A"><enum>412.</enum><text>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.</text>
<appropriations-small id="id47D8FA9D05D14631B00A69F9B376576D"><header>limitation on
takings</header>
</appropriations-small></section><section id="IDF4346247FFA54EE5B3DDC429AD6C9C99"><enum>413.</enum><text>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: <italic>Provided</italic>, 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.</text>
<appropriations-small id="id368D36E136A54FDF8EB468999950650D"><header>hunters point environmental
cleanup</header>
</appropriations-small></section><section id="ID2B1C8803CE11414FA1094ADD7660E59C"><enum>414.</enum><text>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.</text>
<appropriations-small id="id0E9216397E6542E88144C25CA126DDAA"><header>extension of grazing
permits</header>
</appropriations-small></section><section commented="no" id="ID74F7DA2E5091450EB8E9C32A9D6EA133"><enum>415.</enum><text>Section 325 of Public
Law 108–108 is amended by striking <quote>fiscal years 2004–2008</quote> and
inserting <quote>fiscal year 2010.</quote></text>
<appropriations-small id="id4FF608E42A0548338538B0B44F16DA80"><header>alaska native health care
services</header>
</appropriations-small></section><section id="idB229AED394BA4D41AE0DE4BDFA78B2C1"><enum>416.</enum><subsection commented="no" display-inline="yes-display-inline" id="id4F9D9DF5543340978B38707E92E75DD4"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="ID681859e57b1545f08e78f706fa9b8f7a" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID41821a1668e442d5b4b38a0d95418de2" reported-display-style="italic"><enum>(c)</enum><text>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.</text>
</subsection></section><appropriations-small id="id324BC1E3F3014234852B882CA335D490"><header>TIMBER SALE
REQUIREMENTS</header>
</appropriations-small><section id="ID25062bf04e9f4bbeac1d68f67a99534a"><enum>417.</enum><text>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 <quote>rolling basis</quote> 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
<quote>surplus to the needs of domestic processors in Alaska</quote> 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.</text>
<appropriations-small id="id0AF01E2CF0724A9A93F54519133847A3"><header>Colorado Cooperative Conservation
Authority</header>
</appropriations-small></section><section id="id79469389001B414AA63622373A239949"><enum>418.</enum><text display-inline="yes-display-inline">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,”.</text>
<appropriations-small id="idA164F2D8E10F4BE7B62726700766249E"><header>National Council on the Arts
Membership</header>
</appropriations-small></section><section id="id4038C3F5D05142959A629E030C49484E"><enum>419.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="id359CEE2BB5534CF48CF1115614D189F9"><enum>(1)</enum><text display-inline="yes-display-inline">In the first sentence of subsection
(b)(1)(C), by striking “14” and inserting in lieu thereof “18”; and</text>
</paragraph><paragraph id="idC87BD9E6567F4657854902C8511EFAA4"><enum>(2)</enum><text display-inline="yes-display-inline">In the second sentence of subsection
(d)(1), by striking “Eight” and inserting in lieu thereof “Ten”.</text>
</paragraph></section><appropriations-small id="idEFA364B33B064354AEC9B1D7A57132DA"><header>prohibition on use of
funds</header>
</appropriations-small><section id="HFBDCA3929EB44AC7AB3F9073DEABF0C6"><enum>420.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id02DF4C64E7D84C7B84D7259C7383880B"><header>greenhouse gas reporting
restrictions</header>
</appropriations-small></section><section id="H52533815194F4448B770CEBF04B05103"><enum>421.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="idDF11B115DC6043D390DEE2084E3F2751"><header>congressionally directed
spending</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="IDC5C651812298449AA089E2C0555ABB7B" section-type="subsequent-section"><enum>422.</enum><text>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
<quote>Congressionally Directed Spending</quote> included in the committee
report accompanying this Act.</text>
</section><section id="idA37CE01D8CB1448A875C32621DDF614B"><enum>423.</enum><header>Prohibition on use of
funds</header><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id1E4FB2AA8E4E4634B2A2DC764D4FC053"><header>Prohibition on use of wildland fire
management stimulus funds in the district of
columbia</header>
</appropriations-small></section><section id="idF9CC8CB5843441C5B7AA3250997CEB7B"><enum>424.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id5B18AE14A3CD4A508C5994C051E9ADAD"><header>Jungo Disposal Site
evaluation</header>
</appropriations-small></section><section id="id590AC17860014B79ADECBC82894ACF5D"><enum>425.</enum><text display-inline="yes-display-inline">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 <quote>site</quote>), to
evaluate—</text>
<paragraph id="id3AC107C5819949F9A3F4F8661589A7C1"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="id76806484CAAD4959AE97003FB3BE5299"><enum>(2)</enum><text>the distance that
contamination from the site would travel in each of—</text>
<subparagraph id="idBCC90B25692F4276AE26AB357DECB120"><enum>(A)</enum><text>95 years; and</text>
</subparagraph><subparagraph id="id04FBBE7C226E49FDBD2F286D1339DCBF"><enum>(B)</enum><text>190 years;</text>
</subparagraph></paragraph><paragraph id="idA2F5BA394B7D41F0A32C09C918156D5F"><enum>(3)</enum><text>the potential impact of
expected waste seepage from the site on nearby surface water resources,
including Rye Patch Reservoir and the Humboldt River;</text>
</paragraph><paragraph id="idD732121164704044AB3DFB788CC00021"><enum>(4)</enum><text>the size and elevation of
the aquifers; and</text>
</paragraph><paragraph id="id79BF4ACD25134F0BB7FA9FB2E75829AB"><enum>(5)</enum><text>any impact that the waste
seepage from the site would have on the municipal water resources of
Winnemucca, Nevada.</text>
</paragraph></section><section id="id974E333D55EA480583B12843152D0D63"><enum>426.</enum><header>Buyout and
relocation</header><subsection commented="no" display-inline="yes-display-inline" id="id5FC42053DCC243849208B31B5AC5F6F4"><enum>(a)</enum><text>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
<term>Administrator</term>) 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)).</text>
</subsection><subsection changed="added" id="idC05640A284D84E9FBD96BD9D3C8D45E2" reported-display-style="italic"><enum>(b)</enum><text>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.).</text>
</subsection><subsection changed="added" id="id6B2DA518FE9C45B4AD35CC662D7A8273" reported-display-style="italic"><enum>(c)</enum><text>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.</text>
</subsection></section><section id="id427BE57E6E2F47E591A0ED6D4A203BBC"><enum>427.</enum><text display-inline="yes-display-inline">Section 404(c) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7624(c)) is
amended—</text>
<paragraph id="idC0D2685384C7433D8F0A6F30FD016D26"><enum>(1)</enum><text display-inline="yes-display-inline">in paragraph (1), by striking
<quote>Agricultural Research Service</quote> and inserting <quote>Department of
Agriculture</quote>; and</text>
</paragraph><paragraph id="id0EA87F10607A4EED954094677081EBBA"><enum>(2)</enum><text display-inline="yes-display-inline">by adding at the end the following:</text>
<quoted-block changed="not-changed" display-inline="no-display-inline" id="id6F916BE68FE842BEAD38433F15B8CC22" style="OLC">
<paragraph changed="added" id="idBC5590C32A914278ADC26D3AEDB8C16C" reported-display-style="italic"><enum>(3)</enum><header>Authority of
Secretary</header><text>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.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section id="id67188A3449ED45FA84CB4EE10F0C0D27"><enum>428.</enum><text display-inline="yes-display-inline">It is the sense of the Senate that the
Senate—</text>
<paragraph id="ID43fec91747a14b2ebd09edbc1b081492"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="IDd8bfab55cf6c4a0cb3afa0ea1126510f"><enum>(2)</enum><text>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.</text>
</paragraph></section><appropriations-small id="id24DC664DDC2A407FB4C23D56C9DECFD7"><header>National Forest
Foundation</header>
</appropriations-small><section id="id5EBF266D2CD64452B36CB2E05E291C33"><enum>429.</enum><text display-inline="yes-display-inline">Section 403(a) of the National Forest
Foundation Act (16 U.S.C. 583j–1(a)) is amended, in the first sentence, by
striking <quote>fifteen Directors</quote> and inserting <quote>not more than 30
Directors</quote>.</text>
</section><section id="idFCA9B436246649DC9A5E399DA4F18174"><enum>430.</enum><header>Cabin User
Fees</header><text display-inline="yes-display-inline">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.</text>
</section><section id="id59DD85DB63D349E3B66CD7D12AB8C028"><enum>431.</enum><header>Flame fund for
emergency wildfire suppression activities</header><subsection commented="no" display-inline="yes-display-inline" id="id2CE6B0E407E24D4687C4CB60BB005B79"><enum>(a)</enum><header>Definitions</header><text>In
this section:</text>
<paragraph changed="added" id="IDa3d19b30132e4f7cbe8fc92bc291b560" reported-display-style="italic"><enum>(1)</enum><header>Federal
land</header><text>The term <term>Federal land</term> means—</text>
<subparagraph id="ID79d6c0fddec54d3d8af97af27a6b985f"><enum>(A)</enum><text>public land, as defined
in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702);</text>
</subparagraph><subparagraph id="ID6e72fb96ce5948f2a9c74aadd1d1cc5f"><enum>(B)</enum><text>units of the National
Park System;</text>
</subparagraph><subparagraph id="IDd7df98689cd7442cbc46491f60553145"><enum>(C)</enum><text>refuges of the National
Wildlife Refuge System;</text>
</subparagraph><subparagraph id="ID19215ea132c04ae2b61c5446f4da11df"><enum>(D)</enum><text>land held in trust by the
United States for the benefit of Indian tribes or members of an Indian tribe;
and</text>
</subparagraph><subparagraph id="ID4fe0fa577cc147d687cc43a1bebe7235"><enum>(E)</enum><text>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)).</text>
</subparagraph></paragraph><paragraph changed="added" id="ID7380315503f74d339bc184a94bdcb898" reported-display-style="italic"><enum>(2)</enum><header>Flame
fund</header><text>The term <term>Flame Fund</term> means the Federal Land
Assistance, Management, and Enhancement Fund established by subsection
(b).</text>
</paragraph><paragraph changed="added" id="ID0072b403067b49249a9ab727f19cd820" reported-display-style="italic"><enum>(3)</enum><header>Secretaries</header><text>The
term <term>Secretaries</term> means the Secretary of the Interior and the
Secretary of Agriculture, acting jointly.</text>
</paragraph><paragraph changed="added" id="ID95a7f936c45e447688a8ec49127f7cb3" reported-display-style="italic"><enum>(4)</enum><header>Secretary
concerned</header><text>The term <term>Secretary concerned</term> means—</text>
<subparagraph id="ID5cb88bca2f0444eb90786d6140e1dbc4"><enum>(A)</enum><text>the Secretary of the
Interior, with respect to Federal land described in subparagraphs (A), (B),
(C), and (D) of paragraph (1); and</text>
</subparagraph><subparagraph id="ID206a720645a0413ea2ea22099232cdcb"><enum>(B)</enum><text>the Secretary of
Agriculture, with respect to National Forest System land.</text>
</subparagraph></paragraph></subsection><subsection changed="added" id="ID091099cc83cc4243ab15705a1a4576d1" reported-display-style="italic"><enum>(b)</enum><header>Establishment of flame
fund</header><text>There is established in the Treasury of the United States a
fund to be known as the <quote>Federal Land Assistance, Management, and
Enhancement Fund</quote>, consisting of—</text>
<paragraph id="ID3bda35aa8bde472c9e3da465220c57a1"><enum>(1)</enum><text>such amounts as are
appropriated to the Flame Fund; and</text>
</paragraph><paragraph id="IDd46502d8336c4c03bb9a48c7fe54c058"><enum>(2)</enum><text>such amounts as are
transferred to the Flame Fund under subsection (d).</text>
</paragraph></subsection><subsection changed="added" id="ID3139fea2cb6643afab17daa127b19612" reported-display-style="italic"><enum>(c)</enum><header>Funding</header>
<paragraph id="ID8513099e301b4b73b765ae3c4289b16e"><enum>(1)</enum><header>Authorization of
appropriations</header>
<subparagraph id="idD97C87355B21443A9D018D0043F4089E"><enum>(A)</enum><header>In
general</header><text>There are authorized to be appropriated to the Flame Fund
such amounts as are necessary to carry out this section.</text>
</subparagraph><subparagraph id="idC0B4C7BC276D47E09408F4A48AAFC24E"><enum>(B)</enum><header>Congressional
intent</header><text>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.</text>
</subparagraph><subparagraph id="ID4eb1754f167e4f43893843fedb65db41"><enum>(C)</enum><header>Availability</header><text>Amounts
appropriated to the Flame Fund shall remain available until expended.</text>
</subparagraph></paragraph><paragraph id="idAA66EFF8A1134824BD7A9ABB52F23C18"><enum>(2)</enum><header>Appropriation</header><text>There
is appropriated to the Flame Fund, out of funds of the Treasury not otherwise
appropriated, $834,000,000.</text>
</paragraph><paragraph id="IDc9e030a85f734663b2755c706192c2e0"><enum>(3)</enum><header>Sense of congress on
designation of flame fund appropriations as emergency
requirement</header><text>It is the sense of Congress that further amounts
appropriated to the Flame Fund should be designated as amounts necessary to
meet emergency needs.</text>
</paragraph><paragraph id="IDf3080fba873641018a41f66b32188e52"><enum>(4)</enum><header>Notice of insufficient
funds</header><text>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.</text>
</paragraph></subsection><subsection changed="added" id="IDbb6e1a8491da44a8aa6886920192feb0" reported-display-style="italic"><enum>(d)</enum><header>Transfer of excess
wildfire suppression amounts into flame fund</header><text>At the end of each
fiscal year, the Secretary concerned shall transfer to the Flame Fund amounts
that—</text>
<paragraph id="id532E6F7999FB41669F5427CEBF90959F"><enum>(1)</enum><text>are appropriated to the
Secretary concerned for wildfire suppression activities for the fiscal year;
but</text>
</paragraph><paragraph id="id48763930E52B4404AF72836CD05A1DF6"><enum>(2)</enum><text>are not obligated for
wildfire suppression activities before the end of the fiscal year.</text>
</paragraph></subsection><subsection changed="added" id="IDbc3b0c28110f4dcaa3ef483cf59c702b" reported-display-style="italic"><enum>(e)</enum><header>Use of flame
fund</header>
<paragraph id="ID0d3cb5879cd844e4822d5b98540bcadd"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="ID5fa6d54c7f6245108220dfe7005857e3"><enum>(2)</enum><header>Declaration
required</header>
<subparagraph id="id8DB6E1787BD74E2E8B27F2875CAF07BC"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="ID7a924a301f8946e580632b95724eca70"><enum>(B)</enum><header>Declaration
criteria</header><text>A declaration by the Secretaries under subparagraph (A)
may be issued only if—</text>
<clause id="ID68d8c3137ae141b5a81776f834836aa0"><enum>(i)</enum><text>in the case of an
individual wildfire incident—</text>
<subclause id="idBE0A23089B0A4DDEBA3B8F3EEC3785F7"><enum>(I)</enum><text>the fire covers 300 or
more acres; and</text>
</subclause><subclause id="id4D5BFEC7AA734665AD45F4B1BEC4C8F2"><enum>(II)</enum><text>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</text>
</subclause></clause><clause id="ID7ea24e5683fb49f5a24fbfd532637ee1"><enum>(ii)</enum><text>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).</text>
</clause></subparagraph></paragraph><paragraph id="IDc4fa4264448940689edef0c888d2df7b"><enum>(3)</enum><header>Transfer of amounts to
Secretary concerned</header><text>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.</text>
</paragraph><paragraph id="ID7c11f54f602847528e34cccab57fdb90"><enum>(4)</enum><header>State, private, and
tribal land</header><text>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.</text>
</paragraph></subsection><subsection changed="added" id="ID3070cbca2858405fbb91a2ce13fa6165" reported-display-style="italic"><enum>(f)</enum><header>Treatment of
anticipated and predicted activities</header>
<paragraph id="id0751F66D6D524484ADBD776856B0B939"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="id2FFF17AD979D4CAD9D09AF1947DD8421"><enum>(2)</enum><header>Congressional
intent</header><text>It is the intent of Congress that funding made available
through the Flame Fund be used—</text>
<subparagraph id="idABB28814B5904EE4A46FB92E64022DEA"><enum>(A)</enum><text>to supplement the funding
otherwise appropriated to the Secretary concerned; and</text>
</subparagraph><subparagraph id="idB045DEB8B26E4E279E115230A24746D8"><enum>(B)</enum><text>only for purposes in, and
instances consistent with, this section.</text>
</subparagraph></paragraph></subsection><subsection changed="added" id="ID565d5d0dfe674d31ad3e4fa09cdac5b9" reported-display-style="italic"><enum>(g)</enum><header>Prohibition on other
transfers</header><text>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.</text>
</subsection><subsection changed="added" id="ID6db05fbd74c540c8a72f835cb75579c8" reported-display-style="italic"><enum>(h)</enum><header>Accounting and
reports</header>
<paragraph id="IDe2398342710f4aec95c5ad51bd9309b5"><enum>(1)</enum><header>Accounting and
reporting system</header><text>The Secretaries shall establish an accounting
and reporting system for the Flame Fund that is compatible with existing
National Fire Plan reporting procedures.</text>
</paragraph><paragraph id="IDc102dffa9d1a4f28a0eee7706d6757c3"><enum>(2)</enum><header>Annual
report</header><text>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—</text>
<subparagraph id="id0A9AA5C418BA4657A6D1DC8726E168AA"><enum>(A)</enum><text>describes the use of
amounts from the Flame Fund; and</text>
</subparagraph><subparagraph id="id4B35CC1C997A446AB4B1282E2A95DC8D"><enum>(B)</enum><text>includes any
recommendations that the Secretaries may have to improve the administrative
control and oversight of the Flame Fund.</text>
</subparagraph></paragraph><paragraph id="ID79b4e1b7fd1046acb04825eea6d5c765"><enum>(3)</enum><header>Estimates of wildfire
suppression costs to improve budgeting and funding</header>
<subparagraph id="ID1ede771daafa486f9748a2553743c5cd"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="id7AD1AAB35C794AEC92D55439839155BB"><enum>(B)</enum><header>Peer
review</header><text>The methodology for developing the estimates under
subparagraph (A) shall be subject to periodic peer review to ensure compliance
with subparagraph (D).</text>
</subparagraph><subparagraph id="ID282ee6c0e7424f64a3a88978b913fe32"><enum>(C)</enum><header>Schedule</header><text>The
Secretaries shall submit an estimate under subparagraph (A) during—</text>
<clause id="ID3750fb61f50c44e580342da1df154324"><enum>(i)</enum><text>the first week of
February of each year;</text>
</clause><clause id="ID800265f600af40ecac837e88c23acfb1"><enum>(ii)</enum><text>the first week of April
of each year;</text>
</clause><clause id="ID64266c9db1404129b81c50cd7a957dda"><enum>(iii)</enum><text>the first week of July
of each year; and</text>
</clause><clause id="ID23cdc64fae744587bb1a57e0eeaf537c"><enum>(iv)</enum><text>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.</text>
</clause></subparagraph><subparagraph id="ID04ce534100e047cd915353d8a5f03fb3"><enum>(D)</enum><header>Requirements</header><text>An
estimate of anticipated wildfire suppression costs shall be developed using the
best available—</text>
<clause id="ID8abf2c1927c34540affbb4d9795aa067"><enum>(i)</enum><text>climate, weather, and
other relevant data; and</text>
</clause><clause id="ID23c80db347c345d5b19bb19684f712da"><enum>(ii)</enum><text>models and other
analytic tools.</text>
</clause></subparagraph></paragraph></subsection><subsection changed="added" id="ID02ffa69358f541aeb283dcfbeb97c3f1" reported-display-style="italic"><enum>(i)</enum><header>Termination of
authority</header><text>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.</text>
</subsection></section><section id="ID9b90c62db6c244669ea8711bf3221e29"><enum>432.</enum><header>Cohesive wildfire
management strategy</header><subsection commented="no" display-inline="yes-display-inline" id="id2A1261FB48614861A9C3A7744DDAC606"><enum>(a)</enum><header>Strategy
required</header><text>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.</text>
</subsection><subsection changed="added" id="IDee2906ef055a4f03a4ccb1e30ede4121" reported-display-style="italic"><enum>(b)</enum><header>Elements of
strategy</header><text>The strategy required by subsection (a) shall provide
for—</text>
<paragraph id="ID89b11694568142ecbaab1c2be24b1dca"><enum>(1)</enum><text>the identification of the
most cost-effective means for allocating fire management budget
resources;</text>
</paragraph><paragraph id="IDdbbe1728d57d486ca9c6f6e955d6670f"><enum>(2)</enum><text>the reinvestment in
non-fire programs by the Secretary of the Interior and the Secretary of
Agriculture;</text>
</paragraph><paragraph id="ID0b410935a9c34624bb49fd1602d32cd7"><enum>(3)</enum><text>employing the appropriate
management response to wildfires;</text>
</paragraph><paragraph id="ID40d5b8e6029c4df89345018e7ce7c7af"><enum>(4)</enum><text>assessing the level of
risk to communities;</text>
</paragraph><paragraph id="ID6231630785ec490da250253fc6cc87b3"><enum>(5)</enum><text>the allocation of
hazardous fuels reduction funds based on the priority of hazardous fuels
reduction projects;</text>
</paragraph><paragraph id="ID5743c12778a644c9bb8d70bcdaa8e99e"><enum>(6)</enum><text>assessing the impacts of
climate change on the frequency and severity of wildfire; and</text>
</paragraph><paragraph id="ID42be1e178b514af1b4dc7c27bed2c11b"><enum>(7)</enum><text>studying the effects of
invasive species on wildfire risk.</text>
</paragraph></subsection><subsection changed="added" id="IDbe34f7302e5046e89b0fa43dc581ce42" reported-display-style="italic"><enum>(c)</enum><header>Revision</header><text>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.</text>
</subsection></section><section id="id8A6E70354E8B48399688B42C3489620B"><enum>433.</enum><header>Prohibition on no-bid
contracts and grants</header><subsection commented="no" display-inline="yes-display-inline" id="idC09FAC5CAD7541369FC03AEF1B66E3FB"><enum>(a)</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of this
Act, none of the funds appropriated or otherwise made available by this Act may
be—</text>
<paragraph changed="added" id="IDe08cee87eff34931881a6c6f0380440f" reported-display-style="italic"><enum>(1)</enum><text>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</text>
</paragraph><paragraph changed="added" id="ID7484af900bfd4b02a18625e5424520a0" reported-display-style="italic"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection changed="added" id="id4144217C678C4B49A54558AAECA7D65D" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">This prohibition shall not apply to the
awarding of contracts or grants with respect to which—</text>
<paragraph id="IDa29d31f3e1d74fe2a699ac24d5b3bac6"><enum>(1)</enum><text>no more than one
applicant submits a bid for a contract or grant; or</text>
</paragraph><paragraph id="IDfad3b8bcadd2437b988aba5cf7094c57"><enum>(2)</enum><text>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</text>
</paragraph><paragraph id="idC971BE18E70E43EF96FCF44B4B5D4824"><enum>(3) </enum><text>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)).</text>
</paragraph></subsection></section><section id="idA9896193F7424927B3E2FE79A1179402"><enum>434.</enum><subsection commented="no" display-inline="yes-display-inline" id="idC12C89BB9F624CD6B7B79850EF7C78C1"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="id614BA40A864541A39E38AC4C4E55DF2C" reported-display-style="italic"><enum>(b)</enum><text>Subsection (a) shall not
apply to a report if—</text>
<paragraph id="id079B6BEB480C4CD09C96B2AD02B89DBE"><enum>(1)</enum><text>the public posting of the
report compromises national security; or</text>
</paragraph><paragraph id="id2A59C82590044626AC19F798E552EA68"><enum>(2)</enum><text>the report contains
proprietary information.</text>
</paragraph></subsection></section><section id="id20852428E67B4905839469093E6B082A"><enum>435.</enum><text display-inline="yes-display-inline">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 <quote>December 18, 2008</quote> and inserting <quote>September 20,
2009</quote>.</text>
</section><section id="id711E1A086A014B53972B106000D9D13C"><enum>436.</enum><header>Tar Creek Superfund
Site</header><subsection commented="no" display-inline="yes-display-inline" id="idC1EAE4D7621743418B065423F5FC4DD5"><enum>(a)</enum><header>In
general</header><text>To expedite the cleanup of the Federal land and Indian
land at the Tar Creek Superfund Site (referred to in this section as the
<quote>site</quote>), 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—</text>
<paragraph changed="added" id="idAFF96ACACE2D4E66A8A9BB5EB6646C93" reported-display-style="italic"><enum>(1)</enum><text display-inline="yes-display-inline">counted at twice the purchase price of the
chat; and</text>
</paragraph><paragraph changed="added" id="idB94D8A33DD444E628C412A9F3F633C8C" reported-display-style="italic"><enum>(2)</enum><text display-inline="yes-display-inline">eligible to be counted toward meeting the
federally required disadvantaged business enterprise set-aside on federally
funded projects.</text>
</paragraph></subsection><subsection changed="added" id="idD731D277B6B0416CB5E12AF26A658220" reported-display-style="italic"><enum>(b)</enum><header>Restricted indian
owners</header><text display-inline="yes-display-inline">Subsection (a) shall
only apply if the purchase of chat is made from 1 or more restricted Indian
owners or an Indian tribe.</text>
</subsection><subsection changed="added" id="id021D1E3BBAD84936B1E58687742E7017" reported-display-style="italic"><enum>(c)</enum><header>Applicable
law</header><text display-inline="yes-display-inline">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).</text>
</subsection></section><appropriations-small id="id1B3EFC74FE8A4B7F9A80B9CDBC131FFC"><text display-inline="no-display-inline">This
Act may be cited as the <quote><short-title>Department of
the Interior, Environment, and Related Agencies Appropriations Act,
2010</short-title></quote>.</text></appropriations-small>
Secretary